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2/26/2002 - Regular
.. 1 38 ~a~~~ C~~ixx~#g ~#~ ~.a~tx~~C~.e Ct~'orking ~r~czrment - Cabu jed to C~:evision ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA FEBRUARY 26, 2002 Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7 p.m. and on Saturday at 4 p.m. The meetings are now closed captioned. 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. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call ALL PRESENT AT 3:00 P.M. 2. Invocation: Rev. Keith Beasley Good Shepherd Lutheran Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS HOM ADVISED THAT HE WOULD BE LATE FOR THE EVENING SESSION BECAUSE A CLOSE ASSOCIATE DIED AND HE WOULD BE ATTENDING THE FUNERAL HOME VISITATION ECH ADDED ITEM TO CLOSED MEETING PURSUANT TO SECTION 2.2-3711 A ~) DISCUSSION IN CONSIDERATION OF THE ASSIGNMENT OR PERFORMANCE OF SPECIAL OFFICERS APPOINTEES OR EMPLOYEES 1 ® Recyded Paper i ti. OF THE COUNTY AND EVALUATION OF PERFORMANCE OF CERTAIN DEPARTMENTS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND PRESENTATIONS 1. Introduction of Japanese exchange students. MR. HODGE INTRODUCED THE STUDENTS WHO ARE VISITING ROANOKE VALLEY FROM FEB 17 THROUGH MAR 20. D. BRIEFINGS 1. Annual report from the Roanoke Valley Economic Development Partnership. (Phil Sparks, Executive Director) PRESENTED BY PHIL SPARKS 2. Briefing on citizen concerns about appraisal process. (William Driver, Director, Real Estate Valuation) PRESENTED BY BILLY DRIVER E. NEW BUSINESS 1. Approval to accept donations for the Playdreamers Playground Project to build a playground in Starkey Park. (Pete Haislip, Director, Parks, Recreation & Tourism) A-022602-1 HOM MOTION TO APPROVE STAFF RECOMMENDATION (ACCEPTANCE OF DONATION AND ESTABLISHMENT OF ACCOUNT) URC 2. Approval of Appalachian Power Company as the only source practicably available to provide electric service and street lighting service, and authorizing an extension of current contracts. (Gary Robertson, Director, Utility) R-022602-2 HCN MOTION TO ADOPT RESO 2 r, URC 3. Request from J Mart, Inc., for Ordinance to Administrator) ONE CITIZEN SPOKE . A. Fielden Co., Inc., general contractors for Wal- a waiver from provisions of the County's Noise expedite construction. (Elmer Hodge, County R-022602-3 RCF MOTION TO ADOPT RESO WAIVING THE NOISE ORDINANCE FOR A PERIOD OF FIVE DAYS WITHIN A TIME FRAME OF 21 DAYS ENDING MARCH 19 2002 SUBJECT TO A WRITTEN AGREEMENT WITH WAL-MART TO INCREASE THE HEIGHT OF THE BERM PLACE A FENCE ON TOP OF THE BERM AND IF THE DAYS CHANGE COUNTY WILL BE NOTIFIED TWO DAYS IN ADVANCE URC 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. RCF MOTION TO APPROVE 1ST READING 2ND READING AND PUBLIC HEARINGS - 3/26/02 URC 1. First reading of ordinance to rezone 15 acres from I-1 C Industrial District with condition to C-1 Commercial District and to obtain a special use permit for a religious assembly and daycare located on 5022 Hollins Road, Hollins Magisterial District, upon the petition of Fellowship Baptist Church. G. FIRST READING OF ORDINANCES 1. First reading of ordinance amending the Roanoke County Code by the adoption of a new section 2-7, Reimbursement of expenses incurred for emergency response to accidents or incidents caused by driving while impaired. (Paul Mahoney, County Attorney) 3 r, HCN MOTION TO APPROVE 1ST READING 2ND READING - 3/12/02 URC H. SECOND READING OF ORDINANCES NONE I. APPOINTMENTS Blue Ridge Behavioral Healthcare Board of Directors HCN ASKED DEPUTY CLERK TO CONTACT BRBH TO INQUIRE ABOUT REAPPOINTMENT OF ROGER LAPLACE. 2. Building Code Board of Adjustments and Appeals serving as Fire Code Board of Appeals HCN ASKED DEPUTY CLERK TO CONTACT DAVID SHELTON AND J. A. KENDRICKS. JR., ALTERNATES. TO SEE IF THEY WANTED TO SERVE ANOTHER TERM 3. Grievance Panel DEPUTY CLERK VERIFIED THAT AN ALTERNATE POSITION IS BEING CONFIRMED ON CONSENT AGENDA AND ANOTHER ALTERNATE POSITION IS STILL VACANT 4. Parks and Recreation Advisory Commission 5. Roanoke County Public Safety Volunteer Benefits Board of Trustees 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. 4 R-022602-4 JPM MOTION TO APPROVE CONSENT AGENDA URC 1. Approval of Minutes -October 23, 2001, November 13, 2001, December 4, 2001, and January 2, 2002. 2. Confirmation of Committee appointments to the Grievance Panel and League of Older Americans Advisory Council. A-022602-4.a HCN CLARIFIED THAT APPOINTMENT TO GRIEVANCE PANEL IS FOR AN ALTERNATE POSITION 3. Acceptance of $1,500 Youth Awareness of Impaired Drivers Grant from Department of Motor Vehicles to purchase fatal vision goggles to stimulate the effects of intoxicants on students for use by School Resource Officers. A-022602-4.b 4. Acceptance of $1,500 Highway Safety Trailer Grant from Department of Motor Vehicles to purchase highway safety trailer by the Police Department. A-022602-4.c 5. Acceptance of $25,000 Quality Initiative Day Care Grant by Department of Social Services. A-022602-4.d 6. Acceptance of $2,717 Carl Perkins Entitlement Supplement from Department of Education for career and technical education. A-022602-4.e K. REQUESTS FOR WORK SESSIONS 1. Request for work session on March 12, 2002, for Stormwater Phase II, National Pollutant Discharge Elimination System (NPDES) 5 requirements. (George Simpson, Assistant Director, Community Development) \WORK SESSION SET FOR 3-12-02 N. REQUESTS FOR PUBLIC HEARINGS NONE M. CITIZENS' COMMENTS AND COMMUNICATIONS CRAIG HODGE 5622 WARWOOD DRIVE CAVE SPRING FORCE AAU BASEBALL CLUB SPOKE CONCERNING THE COUNTY'S PRACTICE OF PROHIBITING ORGANIZED TEAMS FROM USING PARK FACILITIES FOR MONTHS OF NOV DEC JAN FEB AND MAR HE PROPOSED THAT 3 TO 5 LOCATIONS BE LEFT OPEN ON A ROTATING BASIS FOR EACH OF THOSE FIVE MONTHS. ECH ADVISED THAT HE WOULD REFER THIS TO PARKS REC & TOURISM DIRECTOR HAISLIP AND THE PARKS & RECREATION ADVISORY COMMITTEE AND BRING BACK A REPORT TO THE BOARD IN 60 DAYS. N. REPORTS HOM MOTION TO RECEIVE AND FILE - URC 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Accounts Paid -January 2002 6. Statement of the Treasurer's Accountability per investment and portfolio policy as of January 31, 2002 7. Statement of Expenditures and Estimated and Actual revenues for the month ended January 31, 2002 6 O. CLOSED MEETING PURSUANT TO CODE OF VIRGINIA SECTION 2.2- 3711 A (1) DISCUSSION IN CONSIDERATION OF THE ASSIGNMENT OR PERFORMANCE OF SPECIAL OFFICERS, APPOINTEES, OR EMPLOYEES OF THE COUNTY AND EVALUATION OF PERFORMANCE OF CERTAIN DEPARTMENTS AT 5:25 P.M. JBC MOTION TO GO INTO CLOSED MEETING URC CLOSED MEETING HELD FROM 5:25 P.M. UNTIL 6:17 P.M. P. WORK SESSION (4T" FLOOR CONFERENCE ROOM) 1. Budget Work Session to discuss revenues and expenditures for 2001/2002 fiscal year. (Brent Robertson, Budget Director) PRESENTED BY BRENT ROBERTSON, ELMER HODGE TIME: 6:17 P.M. UNTIL 6:50 P.M. HOM LEFT MEETING AT 6:45 P.M. EVENING SESSION Q. CERTIFICATION RESOLUTION R-022602-5 AT 7:00 P.M. JBC MOTION TO RETURN TO OPEN SESSION AND ADOPT CERTIFICATION RESOLUTION URC WITH HOM ABSENT R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND PRESENTATIONS 1. Resolution of Appreciation to Mary T. Hollingsworth, Social Services, upon her retirement after ten years of service. MARY HOLLINGSWORTH PRESENT TO ACCEPT RESO AND QUILT R-022602-6 JPM MOTION TO ADOPT RESO URC WITH HOM ABSENT 7 2. Proclamation declaring February 2002 as School Board Appreciation Month. MARION ROARK, VICE CHAIR, SCHOOL BOARD, ACCEPTED PROCLAMATION. SCHOOL SUPERINTENDENT WEBER WAS ALSO PRESENT. JPM MOTION TO ADOPT PROC URC WITH HOM ABSENT 3. Resolution of Congratulations to Glenvar High School Girls Basketball Team for winning the State Group A Championship. MEMBERS OF GLENVAR TEAM PRESENT TO ACCEPT WITH PRINCIPAL, COACH AND PARENTS PRESENT. R-022602-7 JBC MOTION TO ADOPT RESO URC WITH HOM ABSENT S. PUBLIC HEARINGS NONE T. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES The following petition has been continued by the Plannin_g Commission. Second reading of ordinance to obtain a Special Use Permit for a private kennel on 1.50 acres located at 5606 Barns Avenue, Hollins Magisterial District, upon the petition of Jerry and Donna Green. JBC ANNOUNCED THAT PETITION CONTINUED BY THE PLANNING COMMISSION HOM RETURNED AT 7:25 P.M. 1. Second reading of ordinance to obtain a Special Use Permit to operate a Home Occupation for a beauty salon on .27 acres located at 5704 Malvern Road, NW, Hollins Magisterial District, upon the petition of Betty J. F. Henderson. (Janet Scheid, Chief Planner) 8 o-o22so2-8 RCF MOTION TO ADOPT ORD WITH ADDITION OF CONDITION 5 (CUSTOMER PARKING PROVIDED ON PROPERTYI URC Second reading of ordinance repealing Appendix B. Subdivisions in its entirety and adopting Chapter 29 Subdivisions, of the Roanoke County Code. (John Murphy, Associate Planner) ONE CITIZEN SPOKE 0-022602-9 HOM MOTION TO ADOPT ORD URC U. CITIZEN COMMENTS AND COMMUNICATIONS JAMES GARRIS 3108 HONEYWOOD LANE SPOKE OF HIS CONCERNS ABOUT TRAFFIC BACKUP ON 220 SOUTH FROM 581 THROUGH CLEARBROOK• SUGGESTED THAT ROANOKE CITY COUNTY AND BUSINESSES PUT UP EQUAL SHARES TO ADD TWO LANES EACH WAY SINCE VDOT HAS BUDGET CONCERNS• AND SUGGESTED THAT A LINK BE PUT ON THE ROANOKE COUNTY HOME PAGE FOR CITIZEN INPUT AND INFORMATION ABOUT ANY CITIZEN MEETINGS V. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Nickens requested a report on recapturing water seepage by design from Spring Hollow Reservoir to be returned to the Reservoir. Mr. Hodae advised that Supervisor Minnix previously sugaested this and that Gary Robertson advised that the funds are available and this will be done this summer. Supervisor Church thanked Principal Sisler, Athletic Director Roger Martin, Coaches Harvey, Moore, and Morris for their efforts on behalf of the Glenvar High School Girls Basketball team and was pleased that the Board recognized the team's success tonight. W. ADJOURNMENT JBC ADJOURNED THE MEETING AT 7:38 P.M. pOAN ,~. ~~~~~ > z 9 a~ C~~~~~ ~~ ~a~xx~~.~.~ 1 38 / ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA FEBRUARY 26, 2002 Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7 p.m. and on Saturday at 4 p.m. The meetings are now closed captioned. 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. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call 2. Invocation: Rev. Keith Beasley Good Shepherd Lutheran Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND PRESENTATIONS 1. Introduction of Japanese exchange students. D. BRIEFINGS 1. Annual report from the Roanoke Valley Economic Development Partnership. (Phil Sparks, Executive Director) 1 ® Recyded Paper 2. Briefing on citizen concerns about appraisal process. (William Driver, Director, Real Estate Valuation) E. NEW BUSINESS 1. Approval to accept donations for the Playdreamers Playground Project to build a playground in Starkey Park. (Pete Haislip, Director, Parks, Recreation & Tourism) 2. Approval of Appalachian Power Company as the only source practicably available to provide electric service and street lighting service, and authorizing an extension of current contracts. (Gary Robertson, Director, Utility) 3. Request from J. A. Fielden Co., Inc., general contractors for Wal- Mart, Inc., for a waiver from provisions of the County's Noise Ordinance to expedite construction. (Elmer Hodge, County Administrator) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. First reading of ordinance to rezone 15 acres from I-1 C Industrial District with condition to C-1 Commercial District and to obtain a special use permit for a religious assembly and daycare located on 5022 Hollins Road, Hollins Magisterial District, upon the petition of Fellowship Baptist Church. G. FIRST READING OF ORDINANCES 1. First reading of ordinance amending the Roanoke County Code by the adoption of a new section 2-7, Reimbursement of expenses incurred for emergency response to accidents or incidents caused by driving while impaired. (Paul Mahoney, County Attorney) H. SECOND READING OF ORDINANCES 2 I. APPOINTMENTS 1. Blue Ridge Behavioral Healthcare Board of Directors 2. Building Code Board of Adjustments and Appeals serving as Fire Code Board of Appeals 3. Grievance Panel 4. Parks and Recreation Advisory Commission 5. Roanoke County Public Safety Volunteer Benefits Board of Trustees 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 -October 23, 2001, November 13, 2001, December 4, 2001, and January 2, 2002. 2. Confirmation of Committee appointments to the Grievance Panel and League of Older Americans Advisory Council. 3. Acceptance of $1,500 Youth Awareness of Impaired Drivers Grant from Department of Motor Vehicles to purchase fatal vision goggles to stimulate the effects of intoxicants on students for use by School Resource Officers. 4. Acceptance of $1,500 Highway Safety Trailer Grant from Department of Motor Vehicles to purchase highway safety trailer by the Police Department. 5. Acceptance of $25,000 Quality Initiative Day Care Grant by Department of Social Services. 6. Acceptance of $2,717 Carl Perkins Entitlement Supplement from Department of Education for career and technical education. 3 K. REQUESTS FOR WORK SESSIONS 1. Request for work session on March 12, 2002, for Stormwater Phase II, National Pollutant Discharge Elimination System (NPDES) requirements. (George Simpson, Assistant Director, Community Development) 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 -January 2002 6. Statement of the Treasurer's Accountability per investment and portfolio policy as of January 31, 2002 7. Statement of Expenditures and Estimated and Actual revenues for the month ended January 31, 2002 O. CLOSED MEETING pursuant to Code of Virginia 2-2-3711 A P. WORK SESSION (4T" FLOOR CONFERENCE ROOM) 1. Budget Work Session to discuss revenues and expenditures for 2001 /2002 fiscal year. (Brent Robertson, Budget Director) EVENING SESSION Q. CERTIFICATION RESOLUTION 4 R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND PRESENTATIONS 1. Resolution of Appreciation to Mary T. Hollingsworth, Social Services, upon her retirement after ten years of service. 2. Proclamation declaring February 2002 as School Board Appreciation Month. 3. Resolution of Congratulations to Glenvar High School Girls Basketball Team for winning the State Group A Championship. S. PUBLIC HEARINGS T. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES The followin_q petition has been continued by the Planning Commission. Second reading of ordinance to obtain a Special Use Permit for a private kennel on 1.50 acres located at 5606 Barns Avenue, Hollins Magisterial District, upon the petition of Jerry and Donna Green. 1. Second reading of ordinance to obtain a Special Use Permit to operate a Home Occupation for a beauty salon on .27 acres located at 5704 Malvern Road, NW, Hollins Magisterial District, upon the petition of Betty J. F. Henderson. (Janet Scheid, Chief Planner) 2. Second reading of ordinance repealing Appendix B. Subdivisions in its entirety and adopting Chapter 29 Subdivisions, of the Roanoke County Code. (John Murphy, Associate Planner) U. CITIZEN COMMENTS AND COMMUNICATIONS V. REPORTS AND INQUIRIES OF BOARD MEMBERS W. ADJOURNMENT 5 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: February 26, 2002 AGENDA ITEM: Visiting Japanese Students COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: We are pleased to have five Japanese students from Kawaguchi Junior College in Saitoma City, Japan, visiting the Roanoke Valley from February 17 -March 20. They are Shinako Miyazato, Aoi Suzuki, Yuka Masui, Megumi Nakagawa, and Kana Yamada. Their visit is part of an extension of a Japanese student exchange program previously sponsored by Virginia Western Community College. We have been working with Dr. Jennifer Mulligan from VWCC, along with Ms. A. J. Jeffries of Senator Allen's office, in helping them set up the itinerary for the students. During their stay, they will be housed in one of our 4th floor conference rooms for classroom study. The students will be introduced at the afternoon session. Respectfully submitted, mer C. H dge County Administrator ACTION Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Church Flora VOTE No. Yes Abs McNamara Minnix Nickens ACTION NO. ITEM NUMBER -Z7 - ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 26, 2002 AGENDA ITEM: Annual Report from the Roanoke Valley Economic Development Partnership COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Phil Sparks, Executive Director of the Roanoke Valley Economic Development Partnership, has requested time on the agenda to present the Partnership's Annual Report. This report is presented annually to the Board of Supervisors. I Elmer C. Hodge County Administrator ACTION Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) VOTE No. Yes Abs Motion by: Church Flora McNamara Minnix Nickens 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: February 26, 2002 AGENDA ITEM: Briefing on Citizen Concerns on Appraisal Process COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Staff would like to clarify to the Board of Supervisors information concerning the appraisal process, and how it relates to our annual reassessment. Overview Includes: a) Market Value and the appraisal process b) Data from the neighborhoods discussed in citizen comments on January 22, 2002 and February 12, 2002. In conducting a reassessment the primary focus is attaining marketvalue and equalization. Roanoke County has 42,156 parcels that must be appraised annually. Each appraiser is responsible for an average of 4684 parcels, while making inspections of over 1561 parcels per year. Every property is inspected or reviewed throughout the reassessment year. Each parcel is assigned to a neighborhood, based on style, size, zoning, age of buildings, and a desire for homogeneity, or similar factors. This allows the appraisers to compare sales that have occurred within this neighborhood, to the individual properties that lie within this area. Sales are the basis of the market comparison approach, and are explained to citizens if they make an appeal of their appraisal to our office. Recently, citizens have come before the board expressing concern thattheir2002 property appraisals have increased identically with other properties within their neighborhood. These citizens are concerned that identical increases are being assigned to every parcel within their area. Research indicates that there is no trend of properties increasing at identical amounts, but varies as market indicates. ~,,,. Attached is the information from these three neighborhoods showing the amount of change between the 2001 and 2002 reassessment values. Review of sixty five parcels indicated only three parcels received an increase of four thousand dollars. Each of the reviewed parcels is within close proximity of the people who appeared before the Board of Supervisors during citizen comment. Respectfully Submitted by: William E. Driver Director of Real Estate Valuation Approved by: ~~ f~~~~ Elmer C. Hodge County Administrator ACTION VOTE No. Yes Abs Approved () Motion by: Church Denied () Flora _ Received () McNamara- _ _ Referred () Minnix To () Nickens _ _ '`7 APPRAISAL DIFFERENCES ON GLENVA R HEIGHTS BLVD. Tax Map # 2001 Appraisal 2002 Appraisal $ Amt.Difference 54.03-1-57*'` 18,000 18,700 700 54.03-1-58 155,300 162,100 6,800 54.03-1-59 146,200 151,500 5,300 54.03-1-60 216,400 224,200 7,800 54.03-1-61 107,900 113,800 5,900 54.03-1-62''* 20,600 21,300 700 54.03-1-63*'` 23,200 23,900 700 54.03-1-64* 95,500 98,800 3,300 54.03-1-65 121300 126,600 5,300 54.03-1-66''* 17,100 17,800 700 54.03-1-67 103,100 107,500 4,400 54.03-1-68 171,300 178,900 7,600 54.03-1-69*'` 7,100 7,400 300 54.03-1-6 152,000 158,200 6,200 54.03-1-7** 22,600 23,500 900 54.03-1-8*` 9,400 9,700 300 54.03-1-9*` 9,300 9,700 400 54.03-1-10*'` 21,700 22,600 900 54.03-1-11 98,900 103,200 4,300 54.03-1-12** 21,500 22,400 900 54.03-1-13'`'` 21,400 22,300 900 54.03-1-14 106,100 110,500 4,400 54.03-1-64* Mr.Martin 54.03-1-63** Mr.Martin ** Vacant Lot 19 . ~ ~ 5a57 1.21 Ac. 33 ^ ^ ~~ 18 P/0 54.04-51 ' ~ ~ ~° ~ 17. ~'~ ,32 1 "=200' i ~' ^ ~~~ ° `~ o i 5275 ,'1 92 Ac. J7 d s ^ ° ~ ao$~ 16. 3o s ~ ° f z . Q' _ ,.~ $ ^ ^ ~3. '° ° 15. ^ ~`~~ 5228 ~°o ~'L ,2' j ~ ~ti 14. ,' 29 ~ ^ ^ ° 55. 51A9 ,~ 27 ° .'2 01 A ^ ti 3`~ ° . c. ' ^ f°°29 56 ~ zs ~°° // 1.Q4 Ac. ^ ~ 5272 ti '1' 13 25 ^ 28 q . 5 7 ^ , . 1 .07 Ac. ^ ~`,~'1, 5192 1 r~ 24 $27 58. ' ' ~ i ~ 1.09 Ac. i ~ :' il. 23 ^ 2s ~,~ 1.44 Ac. a° ~~ 5175 1.12 Ac. i' S1B0 ~ 10. 22 ~~ ~` , 2s 59. °° 1.1 ~ Ac. 24 1 .1 6 mac. ~ ~° °° 5 ° 176 ,.y?. ~ ~ 20 ' 23 5764 6- i ' $ ~~ 'o° ~1f 1 .1 9- Ac. ' ` is .~, ' co / 7. \ 27 °0 63. o ' cp , ,' 3.40 Ac. i' , o ,/ .y'.3ry 5740 ~,~ ,/' ~ ~ , ' i .° 20 64. ' ° '°O s ' '/ ,~,3~" 51.72 ,dj / . 51,9 ,i ~ 019 65. o° a _ ~`~ry 7B 66. '° ' ? ° _ se !' ti 'S`~ 5778 70 '~ 77 °° 6 ~ ' 6 s '~ ~ sllo ,° ~~ 2 is .~ 6 8. ~ ~1` '6969 ~ `9'? /5 P 9~6 o ~¢ 0 ?~ 70. 5.15 Ac. >3 C 12 // 70 '\ 1 .1 ~ Ac. 5070 ~~~ 6o`y~ ~~ 'X4. 1 ~°~ '~r~ 1.9~ Ac. ~ 1~ o o I ~ ~~~ 0 ~~ 77. 5090 ~ ss ~ APPRAISAL DIFFERENCES ON BRADSHAW ROAD Tax Map # 2001 Appraisal 2002 Appraisal $Amt.Difference 32.00-1-6** 6,000 6,500 500 32.00-1-7** 23,600 24,700 1,100 32.00-1-8 109,300 116,300 7,000 32.00-1-10 148,000 152,500 4,500 32.00-1-11 65,000 67,300 2,300 32.00-1-12 64,700 67,300 2,300 32.00-1-13* 86,600 90,600 4,000 32.00-1-14 99,800 104,500 4,700 32.00-1-14.1 63,800 66,600 2,800 32.00-1-14.2 175,100 181,600 6,500 32.00-1-14.3 167,100 173,000 5,900 32.00-14.4*** 97,600 110,100 12,500 32.00-1-15 81,300 84,500 3,200 32.00-1-16** 37,300 38,800 1,500 32.00-1-28** 18,800 19,300 500 32.00-1-29 82,900 86,100 3,200 32.00-1-30** 2,100 2,100 0 32.00-1-31 ** 3,200 3,300 100 32.00-1-31.1 127,700 132,100 4,400 32.00-1-32 143,700 148,100 4,400 32.00-1-33** 12,000 12,500 500 32.00-1-34 70,300 73,300 3,000 32.00-1-13* Mr.Martin ** Vacant Lot *** Build Permit - ,~,. e 1 6. 20.00 Ac. 7. r 63.50 AC. 13 16. 55.81 Ac. 51.93 Ac. 14.1 46.10 AC. / z 15. 6 26.90 Ac. 31. ~' 1.65 Ac. 28. ,5° e ~ 2.00 . 14.4 14.3 rn ,SOA ~ 29.s~, o w 4.98 Ac v o ~» 39.~~ ~ob 0 31.1 ,63°b 7550 2os Ac. ~~~ 7a~s w R 34. ~ 8. Ac. n0l Deus Tadgha. 1.75- Ac. 6.9` /3 ~~ 7795 ~~~ p Ter nar r~ "> 2. / 33. lee, o~ 14. ~ J >~s \ 21.71 Ac.(°) O P/0 42.00 ~~ ~ '. 23.34 Aa(C) / 32. 1 "=40' O - / 0 ~ 35.52 Ac. (` 10. 7eie 19.00 Ac. ~~~~~~~~~~~~ eel . ~ Gt 79,7' a~`c~° t .62- Ac. 14.2 \ 20.22 Ac.(D) 18.27 Aa(C) V Cp - O O •~~\ •. ~~ ~ \ _ ~e «,. APPRAISAL DIFFERENCES ON OAKLAND BOULEVARD Tax Map # 2001 Appraisal 2002 Appraisal $ Amt Difference 38.07-3-1 101,400 106,300 4,900 38.07-3-2 96,300 100,900 4,600 38.07-3-3 87,300 93,100 5,800 38.07-3-4 106,900 111,000 4,100 38.07-3-5 82,100 85,100 3,000 38.07-3-6 85,800 88,900 3,100 38.07-3-7 * 86,300 90,300 4,000 38.07-3-8 * 103,200 107,200 4,000 38.07-3-9 102,900 107,900 5,000 38.07-3-10 91,200 96,000 4,800 38.07-2-51 107,900 112,000 4,100 38.07-2-52 113,300 117,600 4,300 38.07-2-53 94,800 97,400 2,600 38.07-2-54 116,600 120,900 4,300 38.07-2-57 104,500 108,400 3,900 38.07-2-58 113,200 120,500 7,300 38.07-2-59 92,800 96,300 3,500 38.07-2-60 94,500 98,000 3,500 38.07-2-61 106,400 109,300 2,900 38.07-2-62 98,200 102,100 3,900 38.07-3-7 Mrs. Motley 38.07-3-8 Mr.Waddell ~ ~ i - - - ~ h0 ~ 5752 `r - - 54. 5117/ `r 9 O `s 15 5748 `' - ~ . rn° B 5 3 - ~ - g281 3 ~ N ,5° 10 H _ ,°° 16 574 ~ ~ 52- 90 `~ 37. 0 38. - 11 N - `~6' ~ \\ 575J 5747 ~'' ,50 5~ \ 9 - ,6g 21. o ~ \127.14 1610 72 ~ 51- >2 it 5757 ~ 5A.77 ~o, s _ ~ 20_ o 6762 r ~ l so 39. 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ITEM NUMBER _ f AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 26, 2002 AGENDA ITEM: Authorization to accept donations for the Playdreamers Playground Project to build a playground in Starkey Park COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval provided that the only County funding will be the annual maintenance costs listed under the Fiscal lrnpact. Playdreamers must raise all the necessary funds before beginning the project, and the funds must also be appropriated by the Board. My only concern with this polity is equity throughout the County. BACKGROUND: Last year, a group of parents, calling themselves the Playdreamers, represented here today by Ms. Kelly St. Clair, approached Roanoke County Parks, Recreation, and Tourism looking for a piece of property on which to construct a large community playground. Their concept was based on the Robert Leathers Process, an interactive community design/build process where a playground consultant facilitates a series of design shirettes with groups of children to develop a theme and the actual design for a playground. Concurrent with this process the project sponsor, in this case the Playdreamers would initiate a fundraising campaign to purchase the materials for the actual construction of the playground. They would develop the construction plan with community volunteers who would do the actual construction over a three to four day period. This is similar to an old-fashioned barn raising. After looking at numerous land options the Playdreamers chose Starkey Park for this project. Parks and Recreation staff enthusiastically recommend this project as it is consistent with the approved Starkey Park Master Plan and will provide much needed recreation facilities much sooner than we would be able to. SUMMARY OF INFORMATION: On October 23, 2001, the Board of Supervisors adopted policies and procedures for accepting contributions and donations for County projects. Attached is a copy of the policy. The request today is for approval from the Board of Supervisors under this ~- --~ / policy, to accept donations and establish an account for this project. It also authorizes the County Attorney to issue a Tax Exempt letter to the Playdreamers in support of this project. This will assist the organization in their fundraising efforts and also allows the county to assist in the procurement process etc. Once sufficient funds are obtained staff will come back to the Board for an appropriation to complete the construction of this project. FISCAL IMPACT: After the playground is constructed, the maintenance will cost $500.00 per year ($250.00 for mulch and $250.00 for maintenance staff). This will be funded from the Parks and Recreation budget. ALTERNATIVES: Alternative 1. To approve the acceptance of donations and the establishment of an account for the Playdreamers playground project. Alternative 2. Do not approve the request. STAFF RECOMMENDATION: Staff recommends Alternative 1, to approve the acceptance of donations and the establishment of an account for the Playdreamers playground project. Submitted by: Pete Haislip, Director Parks, Recreation & Tourism ACTION VOTE No Yes Approved (x) Motion by: H. Odell Minnix to approve Church _ x Denied () staff recommendation Flora _ x Received () McNamara- x Referred () Minnix _ x To () Nickens _ x cc: File Pete Haislip, Director, Parks, Recreation & Tourism Danial Morris, Director, Finance Approved by: ~~~~~ Elmer Hodge County Administrator Abs C~ ~~ A-102301-5 ACTION N0. ITEM NUMBER AT A REGULAR MEETING O E R ANOKERCDOUNTY ADM N SOTRRATIONROANOER COUNTY, VIRGINIA HELD AT TH MEETING DATE: October 23, 2001 AGENDA ITEM: Request for Approval of Policies and Procedures for Accepting Contributions and Donations for County Projects COUNTY ADMINISTRATOR'S COMMENTS: Following our discussion at the Work Session on improvements to Bent Mountain Library, we have prepared these policies and procedures for your approval. It is very likely thaf we will need to make changes to respond to questions or suggestions you may have. Essentially this policy is intended to encourage citizens to donate to County projects of their choice, and we express our appreciation in advance to all who wish to do so. This policy will work in concert with and not replace the C1P program, nor will contributions affect the priority listing of any capital project. The policy is separafe from the matching grant program sponsored by fhe Department of Parks, Recreation and Tourism. !f the Board wishes to have a work session to incorporate your suggestions, we will do so. BACKGROUND: During the work session with the Library Board on October 9, 2001 concerning the improvements to the Bent Mountain Library, the Board of Supervisors discussed a need to establish policies and procedures for the acceptance of contributions and donations to the County or its departments and agencies. In the past, we have accepted cash for specified items as welWe have oaccetted P expenses(Alford Trust for the Vinton Library); real estate with and without conditions and restrictions (Ex. Vinyard Park) ; and we ha~ebaconetof oure ag npc1iesl (E a.pVehicle for the use of the County o y use by the Mason Cove Fire Department). The contributions or donations are not a substitute for proper planning for capital or operations such as through the crocess Improvements Program (CIP) or our normal operating budge ra is as nor do they replace programs such as the matc Re g eation and established through the Department of Parks, Tourism. These budgeting tools look at our needs and consider the 1 1~ .._~„ j impact on a Countywide basis. We also need to be aware that some communities or departments may be better able to solicit and receive donations than other groups and the practice, if used to fund major facilities or programs, could results in inequities in the levels of service provided. The attached policy establishes guidelines for accepting these contributions and donations of major types of assets and prescribes an accounting so that the intended purpose may be achieved. Before items with restrictions are accepted, the Board of Supervisors should receive recommendations from the impacted Department, Advisory Boards and the County Administrator to determine the impact of accepting such a gift. The County Attorney should also determine if there are any other concerns such as discrimination that should be considered. In instances where the gift would result"~~ in a liability or hardship for the County, the recommendation may be to not accept the gift. In the case of cash or cash equivalent gifts, the Director of Finance should establish an escrow account outlining any restrictions for the donation(s), maintain an accounting of the funds available, assure that receipts have been issued f or the donations, and when the monies are needed for expenditures, to request an appropriation of these monies from the Board of Supervisors to accomplish the purpose of the donation. Any cash equivalents donated should be converted to cash as soon as possible to minimize the accounting procedures. All cash items must be appropriated before the expenditure can be made. Donations of real estate should first have an environmental audit performed to assure that we are not assuming a liability. We should also examine any restrictions as to the impact to the County and implications to on-going costs. Finally, we should look at the impact to our tax base and how we plan to re-use the property. Acceptance of such real property would require two readings of an appropriate ordinance as required by our Charter. Motor Vehicles that are donated should be looked at from the standpoint of necessity and from the manner the vehicle is to be used and the impact to our operating budgets. A determination must be made as to whether the specified inventory of vehicles is to be increased or if the vehicle is a replacement. Other property may be donated and should be considered by the Board of Supervisors before acceptance to assure that the donation is in the best interest of Roanoke County. Equipment may have a minimal cost associated with acceptance, but may become a maintenance nightmare if parts are not readily available or if the 2 -~,, ~..w ~:._ service is not compatible or available in the area. This policy would become part of the County Policy and Procedures and would be administered by the County Administrator or designated staff. Donations and Contributions can obviously have a positive effect on our cash management, but can present accounting nightmares if projects are not clearly defined or when de-minimus donations are received. ALTERNATIVES: 1. Adopt the attached policy which would outline the conditions upon which assets donated or contributed to the County would be handled. 2. Continue to consider the impact of donations and contributions on an individual basis as they present themselves. FISCAL IMPACT: All cash donations must be appropriated before they can be expended. Other assets must be accepted by the Board and should receive the recommendation of the Department or Advisory Board before the final determination is made. RECOMMENDATIONS: Staff recommends adoption of the attached policy. Respectfully submitted, Approv d by,. ~,~~ ~ John M. Chambliss, Jr. Elmer C. Hodge Assistant Administrator County Administrator ------------------------------------ ACTION V®TE No Yes Abs Approved (x) Motion by: Joseph McNamara to approve Church - x - Denied ( ) policy with revision to IC to establish Johnson - x - Received ( ) $1 000 threshold McNamara____ x Referred ( ) Minnix - x .- To ( ) Nickens _ x cc: File John M. Chambliss, Jr., Assistant County Administrator Wanda Rifey, Executive Secretary, Policy Manual 3 ~: POLICY FOR THE ACCEPTANCE OF DONATIONS PURPOSE: To establish guidelines for the acceptance of donations of money and other property for public use by Roanoke County. POLICY Money A. Roanoke County may accept donations of money or cash equivalents from citizens, corporations or other organizations for general County purposes or for specified projects or expenditures. B. Donations for general County purposes, unencumbered by any conditions or restrictions are preferred. C. Donations for specific purposes or with restrictions shall be deposited in the General Fund in an escrow account established by the Director of Finance and maybe expended for general County purposes upon appropriation by the Board of Supervisors. The minimum acceptable donation of money or cash equivalents with restrictions shall be $1,000 before a unique escrow account may be established D. Conditions, limitations or restrictions placed upon the donation of money shall be reviewed by the County Attorney for compliance with County ordinances and policies and compliance with United States and Commonwealth laws and regulations with respect to nondiscrimination. The County will not accept any donation that discriminates against any person because of his/her race, religion, color, sex or national origin, age, disability, or other basis prohibited by state or federal law. E. Donations with restrictions or for specific purposes should be reviewed by the Department Head, Advisory Boards and County Administrator to determine the impact of the donation to operating budgets, the Capital Improvements Plan, and equity in operations. F. Donations of cash or cash equivalents to the County for general purposes without any restrictions may be deposited into the General Fund of the County. Should the County choose to use this for a specific purpose, an appropriation by the Board of Supervisors is required. _.' ~' 2. Real Estate A. Roanoke County may accept donations of real estate from citizens, corporations or other organizations for general County purposes or for special purposes. B. Donations for general County purposes, unencumbered by any conditions or restrictions are preferred. C. Donations of real estate shall be reviewed by the appropriate County department for recommendation as to suitability for particular County purposes or needs, and for impact on the County tax base. D. Environmental audits will be conducted for donated real estate to insure that the County will not accept any real estate contaminated with hazardous wastes, or substances that will cause substantial expense to remediate. E. The condition, state of repair and compliance with current building and fire codes of any buildings or structures on the real estate shall be reviewed to avoid any environmental hazards or any significant liabilities arising from such conditions. F. Conditions, limitations or restrictions placed upon the donation of real estate shall be reviewed by the County Attorney for compliance with County ordinances and policies and compliance with United States and Commonwealth laws and regulations with respect to nondiscrimination. The County will not accept any donation that discriminates against any person because of his/her race, religion, color, sex or national origin, age, disability, or other basis prohibited by state or federal law. G. Donations with restrictions or for specific purposes should be reviewed by the Department Head, Advisory Boards and County Administrator to determine the impact of the donation to operating budgets, the Capital Improvements Plan, and equity in operations. 3. Other Personal Property A. Roanoke County may accept donations of personal property from citizens, corporations or other organizations for general County purposes or for specific uses. B. Donations for general County purposes, unencumbered by any conditions or restrictions are preferred. 2 ~• u., ~. _• C. Donations of personal property shall be reviewed by the appropriate County department for recommendation as to suitability for particular County purposes or needs. D. Conditions, limitations or restrictions placed upon the donation of personal property shall be reviewed by the County Attorney for compliance with County ordinances and policies and compliance with United States and Commonwealth laws and regulations with respect to nondiscrimination. The County will not accept any donation that discriminates against any person because of his/her race, religion, color, sex or national origin, age, disability, or other basis prohibited by state or federal law. E. Donations of vehicles may require an increase in the authorized inventory of our fleet unless the vehicle is replacing an existing item. F. Donations with restrictions or for specific purposes should be reviewed by the Department Head, Advisory Boards and County Administrator to determine the impact of the donation to operating budgets, the Capital Improvements Plan, and equity in operations. 4. Miscellaneous A. Donations of any property with limitations or restrictions on its use shall be reviewed by the receiving department, any impacted Advisory Board, the County Administrator and the Board of Supervisors to determine suitability for general County purposes, and to avoid undue administrative burdens. B. Acceptance of any donation shall not commit the County to additional funding or obligations to operate or add any new programs, personnel or facilities. ~:.: ~_. ~-- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, FEBRUARY 26, 2002 RESOLUTION 022602-2 DETERMINING THAT APPALACHIAN POWER COMPANY IS THE ONLY SOURCE PRACTICABLY AVAILABLE TO PROVIDE ELECTRIC SERVICE AND STREET LIGHTING SERVICE TO THE COUNTY AND AUTHORIZING AN EXTENSION OF CURRENT CONTRACTS FOR SUCH SERVICES UPON CERTAIN TERMS AND CONDITIONS WHEREAS, the VML/VACo APCo Steering Committee (Committee) comprised of representatives of local governments and political subdivisions has for many years negotiated on behalf of such governmental units within the service area of Appalachiari Power Company (sometimes d/b/a American Electric Power) (APCo) the terms of standard contract forms which have included rates for the purchase of electricity supply and delivery service and for the installation, maintenance and delivery service for street lights by and for such governmental units from APCo as a single or sole source provider; and WHEREAS, the County's most recent contract for the purchase of electricity supply is for the period beginning July 1, 2000, and will terminate on June 30, 2002, and for street lighting service is for the period beginning July 1, 1998, and will terminate on June 30, 2008; and WHEREAS, on or about February 12, 2001, APCo agreed with the Committee to extend the term of all such contracts to December 31, 2003, at rates set forth in the Company's Schedule 17 on file with the Virginia State Corporation Commission (the "Commission"); and WHEREAS, on or about July 24, 2001, American Electric Power Co. ("AEP"), parent corporation of APCo, filed a proceeding in the Federal Energy Regulation Commission i ("FERC") seeking approval of amendment of its intercompany agreement which inter alia affects the supply and computation of the price for electricity furnished to APCo in excess of that produced by APCo, in which proceeding the Committee and the Town of Wytheville appeared and objected; and WHEREAS, in consideration of the Committee and the Town of Wytheville agreeing to a negotiated settlement of the FERC proceeding which provides substantial protection against potential escalation of the fuel factor which is a component of APCo's total pricing for electricity supplied to its retail customers, including the governmental units, APCo has granted to the governmental units the election or option to: (1) terminate the current contracts on June 30, 2002; or (2) extend the contracts at Schedule 17 rates to December 31, 2003 pursuant to the offer dated February 12, 2001; or (3)(a) to extend the current contracts through June 30, 2007, at rates contained in APCo's unbundled Standard Rate Schedules, or any successor or replacement schedules then on file and approved by the Commission; and (b) to extend street light service at rates as in effect July 1, 2000, but subject to changes in the fuel factor; provided that election (3) is conditioned upon the governmental unit so electing and notifying APCo of its election within 90 days of December 18, 2001, that: (i) it has chosen APCo to provide generation service through June 30, 2007; (ii) that it will not chose a different supplier prior to such date; and (iii) it will not request the Commission to determine rates and provisions for default service different from that provided under its contract, as amended by election (3); and WHEREAS, the Committee has recommended that all jurisdictions in the APCo service area elect option (3) to extend contracts from June 30, 2002, through June 30, 2007, at the rates and subject to the conditions all as set forth in the settlement agreement; z and WHEREAS, inconsideration whereof, APCo is the only source practicably available which can and will supply electricity service and delivery thereof and to supply street lighting service for the entire needs of the County at established rates for such bundled service or unbundled generation service for the period from July 1, 2002 through June 30, 2007, as negotiated and recommended by the Committee; and furthermore, based upon the information and recommendation provided by the Committee, it appears that even if in the future there should develop a truly competitive market in the APCo area for generation service, it is questionable whether the Virginia Electricity Restructuring Act (the "Act") provides for capped rates or default rates for public authorities in the APCo area which could place the County at a disadvantage in the event it elects to contract with an alternative supplier or if such alternative generation supplier should default and be unable to provide the electricity; and it further appearing that the contract extensions recommended and agreed to by the Committee will provide this County with a safeguard against excessive electricity generation costs both at this date and in the foreseeable future due to a lack of real competition in this area of Virginia. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: 1. Since APCo is the only electricity generation provider which can and will contract to supply electricity service and delivery to the County for the entire needs of the County at established rates for such services for the period from July 1, 2002, through June 30, 2007, and to supply street lighting service to the County at established rates for such service in accordance with the Agreement dated May 28,1998, for the period through June 3 30, 2008, all as set forth above, it is hereby determined by this Board that APCo is the only source practicably available to provide such services, as more particularly set forth in the Board Report dated February 26, 2002. 2. This Board accepts the offer of APCo to extend its current contracts for electric service on a bundled basis from July 1, 2002 through June 30, 2007, and for street lighting service through June 30, 2008, and in accordance with the conditions in APCo's offer, this Board agrees that: (i) it has chosen APCo to provide generation service through June 30, 2007; (ii) it will not choose a different supplier prior to such date; and, (iii) it will not request the State Corporation Commission to determine rates and provisions for default service different from that provided in the contracts, as amended and extended, all as more particularly set forth in the Board Report dated February 26, 2002. 3. The County Administrator and the Clerk to the Board of Supervisors are authorized to execute and attest, respectively, and deliver on behalf of this Board, inform approved by the County Attorney, all documents and take such actions as shall be deemed necessary and appropriate to carry out and administer the foregoing election. 4. The Clerk to the Board of Supervisors is directed to notify APCo of the aforesaid election and agreement by transmitting a certified copy of this resolution to counsel for the Committee, Howard W. Dobbins, 1021 East Cary Street, P.O. Box 1320, Richmond, VA 23218-1320, who is authorized to deliver the same to APCo. 5. Incompliance with Section 2.2-4303.E of the Code of Virginia governing sole source procurement, the County's Purchasing Agent is hereby directed this day to post a certified copy of this resolution in the County's public area for posting such notices. On motion of Supervisor Nickens to adopt the resolution, and carried by the following 4 recorded vote: AYES NAYS Supervisors Flora, McNamara, Minnix, Nickens, Church None A COPY TESTE: Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: File Gary Robertson, Director, Utility Paul M. Mahoney, County Attorney Howard W. Dobbins, Council for the Committee Gardner W. Smith, Director, Purchasing I hereby certify that the foregoing is a true and correct copy of Resolution 022602-2 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, February 26, 2002. Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors 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: February 26, 2002 SUBJECT: RESOLUTION DETERMINING THAT APPALACHIAN POWER COMPANY IS THE ONLY SOURCE PRACTICABLY AVAILABLE TO PROVIDE ELECTRIC SERVICE AND STREET LIGHTING SERVICE TO THE COUNTY AND AUTHORIZING AN EXTENSION OF CURRENT CONTRACTS FOR SUCH SERVICES UPON CERTAIN TERMS AND CONDITIONS COUNTY ADMINISTRATOR'S COMMENTS: ~i _ w ~~ ~'''"`~' BACKGROUND: Roanoke County participates with other local governments through the Virginia Municipal League (VML) and the Virginia Association of Counties (VACO) to negotiate governmental electric power rates contract every three years. These contracts have included all three components of retail electric service, which are generation, transmission and distribution. The current contract with APCO expires on June 30, 2002. SUMMARY OF INFORMATION: In 1999 the General Assembly adopted the Virginia Electric Utility Restructuring Act, which theoretically granted customers a choice for the generation element of electric service. The transmission and distribution elements will continue to be provided by APCO. The VML/VACO steering committee has been able to negotiate a settlement agreement dated December 18, 2001, whereby, APCO has agreed to provide public authorities the following options: (1) terminate the current contracts on June 30, 2002; (2) extend the contracts at scheduled rates to December 31, 2003; or (3) extend the current contracts through June 30, 2007 at rate schedules approved by the State Corporation Commission (SCC). i ~~ If option 3 is chosen, the locality must notify APCO by March 18, 2002 that is has chosen APCO to provide generation service through June 30, 2007; that it will not choose a different supplier prior to that date, and that it will not request the SCC to determine rates and provisions for default service different from that provided under its contract. A copy of the settlement agreement dated December 18, 2001, is available for review in the County Attorney's office. It should be noted that the settlement agreement is subject to certain conditions, including approval by the Virginia State Corporation Commission. In the event these conditions are not met, the agreement would terminate and expire as of December 31, 2003. Currently available information suggests that during the period July 2, 2002, through June 30, 2007, there will be no real open market competition for APCO in the County's service area and there will be no other source practicably available to supply electricity service and delivery for the entire needs of the County at established rates for such service as negotiated by the Committee. According to the Committee, APCO's generation rate structure is one of the lowest in the country. APCO has conducted a pilot program whereby APCO's retail customers could select an alternative service provider for generation service and yet not a single customer switched to an alternative provider during the entire time of the program. FISCAL IMPACT: Roanoke County presently budgets $878,920 for electric service. Of this amount $526,000 is in the utility fund and $352,920 is in the general fund. Roanoke County schools are not included in these numbers. It is the opinion of the steering committee that open market prices for electricity in the next 5 to 7 years will be extremely volatile which will make budgeting difficult. While remaining with APCO for power generation will provide a stable rate structure, we can expect increases in the range of 5 - 10% per year under the settlement proposal. Customers with constant electric demands will likely see less of an increase, while customers with variable demands will see larger increases. A report by GDS Associates, Inc. concluded that competitive retail market prices available to public authorities on the open market are likely to be at least 50% higher than charges under the proposed settlement agreement with APCO. RECOMMENDATION: APCO's generation rate structure is one of the lowest in the country. Even though option 3 will result in a rate increase, the steering committee believes that this increase will be less than the rates obtained on the open market. The Committee has recommended that all jurisdictions in the APCO service area elect option (3) to extend contracts from June 30, 2002, through June 30, 2007, at the rates and subject to the conditions all as set forth in the settlement agreement. This recommendation is contained in a 2 memo from the Committee dated January 24, 2002, available for review in the County Attorney's Office. In accordance with the terms of the proposed settlement, a governing body electing option (3) must do so by resolution or ordinance and notify APCO through the Committee's counsel no later than March 18, 2002. Counsel for the Committee has verified that most, if not all, of the eligible jurisdictions and public authorities in the APCO service area, including Roanoke City and Roanoke County, intend to elect option (3). Staff recommends that the Board approve the attached resolution, which recommends that the contract with APCO be extended to June 30, 2007. The School Board was presented with this option at their meeting on February 14, 2002, and will make their decision on February 28, 2002. SUBMITTED BY: Gary Robertson, P.E. Utility Director ACTION Approved () Motion by: Denied ( ) Received ( ) Referred to APPROVED: C/ -rs'`''~'-~ ~j Elmer C. Hodge County Administrator VOTE No Yes Abs Church _ _ Flora _ _ McNamara _ Minnix _ _ Nickens 3 ~„ ~ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, FEBRUARY 26, 2002 RESOLUTION DETERMINING THAT APPALACHIAN POWER COMPANY IS THE ONLY SOURCE PRACTICABLY AVAILABLE TO PROVIDE ELECTRIC SERVICE AND STREET LIGHTING SERVICE TO THE COUNTY AND AUTHORIZING AN EXTENSION OF CURRENT CONTRACTS FOR SUCH SERVICES UPON CERTAIN TERMS AND CONDITIONS WHEREAS, the VML/VACo APCo Steering Committee (Committee) comprised of representatives of local governments and political subdivisions has for many years negotiated on behalf of such governmental units within the service area of Appalachian Power Company (sometimes d/b/a American Electric Power) (APCo) the terms of standard contract forms which have included rates for the purchase of electricity supply and delivery service and for the installation, maintenance and delivery service for street lights by and for such governmental units from APCo as a single or sole source provider; and WHEREAS, the County's most recent contract for the purchase of electricity supply is for the period beginning July 1, 2000, and will terminate on June 30, 2002, and for street lighting service is for the period beginning ,and will terminate on ;and WHEREAS, on or about February 12, 2001, APCo agreed with the Committee to extend the term of all such contracts to December 31, 2003, at rates set forth in the Company's Schedule 17 on file with the Virginia State Corporation Commission (the "Commission"); and WHEREAS, on or about July 24, 2001, American Electric Power Co. ("AEP"), parent corporation of APCo, filed a proceeding in the Federal Energy Regulation Commission G:\ATTORNEY\PMM\AGENDA\AEP.electricity.resolution.wpd 1 ""' ("FERC")seeking approval of amendment of its intercompany agreement which inter alia affects the supply and computation of the price for electricity furnished to APCo in excess of that produced by APCo, in which proceeding the Committee and the Town of Wytheville appeared and objected; and WHEREAS, in consideration of the Committee and the Town of Wytheville agreeing to a negotiated settlement of the FERC proceeding which provides substantial protection against potential escalation of the fuel factor which is a component of APCo's total pricing for electricity supplied to its retail customers, including the governmental units, APCo has granted to the governmental units the election or option to: (1) terminate the current contracts on June 30, 2002; or (2) extend the contracts at Schedule 17 rates to December 31, 2003 pursuant to the offer dated February 12, 2001; or (3)(a) to extend the current contracts through June 30, 2007, at rates contained in APCo's unbundled Standard Rate Schedules, or any successor or replacement schedules then on file and approved by the Commission; and (b) to extend street light service at rates as in effect July 1, 2000, but subject to changes in the fuel factor; provided that election (3) is conditioned upon the governmental unit so electing and notifying APCo of its election within 90 days of December 18, 2001, that: (i) it has chosen APCo to provide generation service through June 30, 2007; (ii) that it will not chose a different supplier prior to such date; and (iii) it will not request the Commission to determine rates and provisions for default service different from that provided under its contract, as amended by election (3); and WHEREAS, the Committee has recommended that all jurisdictions in the APCo service area elect option (3) to extend contracts from June 30, 2002, through June 30, 2007, at the rates and subject to the conditions all as set forth in the settlement agreement; and WHEREAS, inconsideration whereof, APCo is the only source practicably available which G:\ATTORNEY\PMM\AGENDA\AEP.electricity.resolution.wpd 2 r ~~., ~ ~ A can and will supply electricity service and delivery thereof and to supply street lighting service for the entire needs of the County at established rates for such bundled service or unbundled generation service for the period from July 1, 2002 through June 30, 2007, as negotiated and recommended by the Committee; and furthermore, based upon the information and recommendation provided by the Committee, it appears that even if in the future there should develop a truly competitive market in the APCo area for generation service, it is questionable whether the Virginia Electricity Restructuring Act (the "Act") provides for capped rates or default rates for public authorities in the APCo area which could place the County at a disadvantage in the event it elects to contract with an alternative supplier or if such alternative generation supplier should default and be unable to provide the electricity; and it further appearing that the contract extensions recommended and agreed to by the Committee will provide this County with a safeguard against excessive electricity generation costs both at this date and in the foreseeable future due to a lack of real competition in this area of Virginia. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: Since APCo is the only electricity generation provider which can and will contract to supply electricity service and delivery and to supply street lighting service thereof to the County for the entire needs of the County at established rates for such services for the period from July 1, 2002, through June 30, 2007, as set forth above, it is hereby determined by this Board that APCo is the only source practicably available to provide such services, as more particularly set forth in the Board Report dated February 26, 2002. 2. This Board accepts the offer of APCo to extend its current contracts for electric G:\ATTORNEY\PMM\AGENDA\AEP.electricity.resolution.wpd ~ _'. service on a bundled basis and for street lighting service from July 1, 2002 through June 30, 2007, and in accordance with the conditions in APCo's offer, this Board agrees that: (i) it has chosen APCo to provide generation service through June 30, 2007; (ii) it will not choose a different supplier prior to such date; and, (iii) it will not request the State Corporation Commission to determine rates and provisions for default service different from that provided in the contracts, as amended and extended, all as more particularly set forth in the Board Report dated February 26, 2002. 3. The County Administrator and the Clerk to the Board of Supervisors are authorized to execute and attest, respectively, and deliver on behalf of this Board, in form approved by the County Attorney, all documents and take such actions as shall be deemed necessary and appropriate to carry out and administer the foregoing election. 4. The Clerk to the Board of Supervisors is directed to notify APCo of the aforesaid election and agreement by transmitting a certified copy of this resolution to counsel for the Committee, Howard W. Dobbins, 1021 East Cary Street, P.O. Box 1320, Richmond, VA 23218- 1320, who is authorized to deliver the same to APCo. 5. Incompliance with Section 2.2-4303.E of the Code of Virginia governing sole source procurement, the County's Purchasing Agent is hereby directed this day to post a certified copy of this resolution in the County's public area for posting such notices. G: \ATTORNEY\PMM\AGENDA\AEP.electricity. resolution.wpd 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, FEBRUARY 26, 2002 RESOLUTION DETERMINING THAT APPALACHIAN POWER COMPANY IS THE ONLY SOURCE PRACTICABLY AVAILABLE TO PROVIDE ELECTRIC SERVICE AND STREET LIGHTING SERVICE TO THE COUNTY AND AUTHORIZING AN EXTENSION OF CURRENT CONTRACTS FOR SUCH SERVICES UPON CERTAIN TERMS AND CONDITIONS WHEREAS, the VML/VACo APCo Steering Committee (Committee) comprised of representatives of local governments and political subdivisions has for many years negotiated on behalf of such governmental units within the service area of Appalachian Power Company (sometimes d/b/a American Electric Power) (APCo) the terms of standard contract forms which have included rates for the purchase of electricity supply and delivery service and for the installation, maintenance and delivery service for street lights by and for such governmental units from APCo as a single or sole source provider; and WHEREAS, the County's most recent contract for the purchase of electricity supply is for the period beginning July 1, 2000, and will terminate on June 30, 2002, and for street lighting service is for the period beginning July 1, 1998, and will terminate on June 30, 2008; and WHEREAS, on or about February 12, 2001, APCo agreed with the Committee to extend the term of all such contracts to December 31, 2003, at rates set forth in the Company's Schedule 17 on file with the Virginia State Corporation Commission (the "Commission"); and WHEREAS, on or about July 24, 2001, American Electric Power Co. ("AEP"), parent corporation of APCo, filed a proceeding in the Federal Energy Regulation Commission G:\ATTORNEY\PMM\AGENDA\AEP.electricity.resolution.doc 1 ("FERC")seeking approval of amendment of its intercompany agreement which inter alia affects the supply and computation of the price for electricity furnished to APCo in excess of that produced by APCo, in which proceeding the Committee and the Town of Wytheville appeared and objected; and WHEREAS, in consideration of the Committee and the Town of Wytheville agreeing to a negotiated settlement of the FERC proceeding which provides substantial protection against potential escalation of the fuel factor which is a component of APCo's total pricing for electricity supplied to its retail customers, including the governmental units, APCo has granted to the governmental units the election or option to: (1) terminate the current contracts on June 30, 2002; or (2) extend the contracts at Schedule 17 rates to December 31, 2003 pursuant to the offer dated February 12, 2001; or (3)(a) to extend the current contracts through June 30, 2007, at rates contained in APCo's unbundled Standard Rate Schedules, or any successor or replacement schedules then on file and approved by the Commission; and (b) to extend street light service at rates as in effect July 1, 2000, but subject to changes in the fuel factor; provided that election (3) is conditioned upon the governmental unit so electing and notifying APCo of its election within 90 days of December 18, 2001, that: (i) it has chosen APCo to provide generation service through June 30, 2007; (ii) that it will not chose a different supplier prior to such date; and (iii) it will not request the Commission to determine rates and provisions for default service different from that provided under its contract, as amended by election (3); and WHEREAS, the Committee has recommended that all jurisdictions in the APCo service area elect option (3) to extend contracts from June 30, 2002, through June 30, 2007, at the rates and subject to the conditions all as set forth in the settlement agreement; and WHEREAS, inconsideration whereof, APCo is the only source practicably available which G:\ATTORNEY\PMM\AGENDA\AEP.electricity.resolution.doc 2 can and will supply electricity service and delivery thereof and to supply street lighting service for the entire needs of the County at established rates for such bundled service or unbundled generation service for the period from July 1, 2002 through June 30, 2007, as negotiated and recommended by the Committee; and furthermore, based upon the information and recommendation provided by the Committee, it appears that even if in the future there should develop a truly competitive market in the APCo area for generation service, it is questionable whether the Virginia Electricity Restructuring Act (the "Act") provides for capped rates or default rates for public authorities in the APCo area which could place the County at a disadvantage in the event it elects to contract with an alternative supplier or if such alternative generation supplier should default and be unable to provide the electricity; and it further appearing that the contract extensions recommended and agreed to by the Committee will provide this County with a safeguard against excessive electricity generation costs both at this date and in the foreseeable future due to a lack of real competition in this area of Virginia. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County as follows: Since APCo is the only electricity generation provider which can and will contract to supply electricity service and delivery to the County for the entire needs of the County at established rates for such services for the period from July 1, 2002, through June 30, 2007, and to supply street lighting service to the County at established rates for such service in accordance with the Agreement dated May 28, 1998, for the period through June 30, 2008, all as set forth above, it is hereby determined by this Board that APCo is the only source practicably available to provide such services, as more particularly set forth in the Board Report G:\ATTORNEY\PMM\AGENDA\AEP.electricity.resolution.doc ~ dated February 26, 2002. 2. This Board accepts the offer of APCo to extend its current contracts for electric service on a bundled basis from July 1, 2002 through June 30, 2007, and for street lighting service through June 30, 2008, and in accordance with the conditions in APCo's offer, this Board agrees that: (i) it has chosen APCo to provide generation service through June 30, 2007; (ii) it will not choose a different supplier prior to such date; and, (iii) it will not request the State Corporation Commission to determine rates and provisions for default service different from that provided in the contracts, as amended and extended, all as more particularly set forth in the Board Report dated February 26, 2002. 3. The County Administrator and the Clerk to the Board of Supervisors are authorized to execute and attest, respectively, and deliver on behalf of this Board, in form approved by the County Attorney, all documents and take such actions as shall be deemed necessary and appropriate to carry out and administer the foregoing election. 4. The Clerk to the Board of Supervisors is directed to notify APCo of the aforesaid election and agreement by transmitting a certified copy of this resolution to counsel for the Committee, Howard W. Dobbins, 1021 East Cary Street, P.O. Box 1320, Richmond, VA 23218- 1320, who is authorized to deliver the same to APCo. 5. Incompliance with Section 2.2-4303.E of the Code of Virginia governing sole source procurement, the County's Purchasing Agent is hereby directed this day to post a certified copy of this resolution in the County's public area for posting such notices. G:\ATTORNEY\PMM\AGENDA\AEP.electricity.resolution.doc 4 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: February 26, 2002 AGENDA ITEM: Request from Wal-Mart for Waiver of Noise Ordinance to Expedite Construction COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County recently received the attached letter from Wal-Mart, requesting a waiver of the noise ordinance, under Section 13-23 "Undue hardship waiver", from Monday March 4, 2002 through Friday, March 15, 2002. As the letter explains, the construction will require 190,000 square feet of concrete floor slabs that need to be poured in individual sections of 45,000 square feet. The colder temperatures require a longer time for the concrete to "setup". They would like to pour on Monday, Wednesday, and Friday nights, with a maximum of five nights to complete these slab pours. In order to minimize the noise and traffic problems, they would like to begin pouring the concrete at 1:00 a.m. with the last concrete truck leaving the site by 6:30 a.m., thereby avoiding school bus and rush hour traffic. There will be 30 to 35 concrete trucks used for each floor slab section. The trucks will enter the site on Crumpacker Drive, but Wal-Mart has agreed to construct a temporary access road for the concrete trucks that will move the traffic away from the neighborhood. A map of this proposed temporary access is attached to this board report. This request has merit. It will reduce the impact on the neighborhood by shortening the time frame from several weeks to three to five days. Mike Koon, President of the Bonsack Area Residents Coalition, and I believe that the citizens might be supportive of this request if Wal-Mart will agree to additional work on the berm. On January 24, 2002, we co-signed a letter asking for the berm to be 10-12 feet higher and a fence installed on the top of the berm. i FISCAL IMPACT: This request does not have any fiscal impact. However, a mutual agreement may result in more accommodations for the neighbors. STAFF RECOMMENDATION: I have a meeting scheduled with Mike Koon and the contractors on Monday, February 25, 2002, in order to reach an agreement on this issue. We will present a recommendation to the Board at the meeting on Tuesday, February 26, 2002, based on the outcome of this meeting. If a favorable agreement is reached, the waiver will need to be approved with the attached resolution. Respectfully submitted, ~- ~/ ~~ Elmer C. Hodge County Administrator ACTION Approved () Motion by: Church Denied () Flora Received () McNamara Referred () Minnix To () Nickens VOTE No. Yes Abs cc: File ' rttf-C1J-GK1~~ ;o• p r ~ N r i ciuciv ~.~. }~~ ~-+~ ~l'.1~. FleYdea CQ., Lac. • General Contr~-ctt~ P.O. Boa 9a'lB ~ Kao:viAe. Tht' 8?8Z?-378 • {865) BZS~d606 • ~euc (886) b94-b188 Nolte County Administrator 52Q4 Bernard Dr., S.W. Roanoke, VA 24012 RF: Wal-Mint Supercenfier Boesack, V'A Alto; Mr. Elmer dodge Dear llrir. l~iodge, J.Apieldera Co., Iuc., rho Csnelsl Caatracxor ofthe ne'uv above-reFere~oed VV'al-Haft, are requesting a variance or waiver to RoattalCe anurty noise ot+droauca wndcr SaC. I3-23 `"Undue hardship waiver." Wa are r'equestiag this wa4ru~er from M~day, M2.tCls a'" to Friday, March l5~ due to our interior oonctnta slab ir~alla~Cion, We have approximately Y 90,OOp square fe@t aFcancrete floor slabs to parr and we geed to pour these in secxioru of no mare than 45, OQ0 square feet each, Beeauaa of tf~ ccSlclcr tz~dratures this time of year, cancr+ets takes lnn~ to `set up' or reach a state during the curling prooess that will allow fbr troweling rtadri~s to be used to achievia the desixerl i~ish. la order to mitsiittize the noise and traffic problasrss fnan this prow, rwe r~vouki lilst bo begin potering the concrete at l :00 a.m with the last concrete trucrc leaving tha site by 6:30 a.m., thereby avoiidmg school bm~s and rushfiour traffso problems. We feel tt-e noise 5~re thane truckers $r less the the noise from the tr+aweling rr~chaeas, which would ba t,~ed d~~g nom~l workirxg hours ftiir the finishing ad the concrete. Furthernwre, we wneuid not be pouripg every tti$hL, ratter with weettter permitting, yrctottld Xike to flour on Mo~clay, Wedr~e~ay and Friday ttigbts with a rnaxirtzum c+f f ve nights to oon'~l~ these slab pours, 11~er+e would be 30 to 3 S oanct+ete trucks used far rmed7 front slab section. "mesa trucks will erib~ering the site offa~f Crw»petc~r Drive but will be using t~ US 4G©ar~d US 22(} du® to mIc concrete plant Ipcatiotrs. Without this v~raivet, we vvaWet need t4 pour zpproximalely I d to 12 diflhretrt soctiar~a during r+ormal working hours and would harrQ se~+ers-( concrete truc)cs enterpsg aria eaast~g the site drtring peak trnt~ac hoots. Additionally, ws have the paaaibilidy csf nc~ being able to properly finish the concrete dine to the te~r~eratures, This wautd require euttistg out these areas and repourintg thorn, at consid,orablC ti~iC mid -~. In closirng, we would greatly appreciate ~e gratn~g ofthis waiver and will offer any additional information raquir+od to bitter illustrate our clilefrrtmt. We rralir~ that this process cxceass an unwetcortut nuisance to thg ras%dents and assure you thact this request best rniaittiizes the impact those concrete pours will have oa them- Please £eol ~ to tattlaet me if you need any additional irufomuttia- or haws arty qugati~oaa coonceming tlxia request. I undetstaad (here is a imaring sahodr,le fiat Ttty, Fe~ary 26, 2ap2 and I vrill be in adtandanx at this meeting to anav~rer any quaati~s that may arise, Yours truly, J. A. kIELDE~T Ct1_, INC_ Mike J, )vlcGaugh Project Maaagar "~Ol"AL P . t ~o 'ter rolion In10 ~~~ w. ~' oe' w. ion pin sec: t. 74' 55' S3' w, chord beoring ~. sY 02' t~' w. IIM pin sel; 5' S2 w. 80.7 YI het; [hence E. 96.99 feet to ante N. 43. 05' t9' E. ~ an iron pln found; i7' S2' E. 303.19 OrIM ($tOte ROU[~ harOrl-h. i ~~ {~ I `\ 0~ l 1 I I I + dlf .~'; ~_ r;~ .` ~ ~/~1' ~ ~ ~~_ ,. , ~- ~ \ ' ;v, ~ a~ i /, `C ~, `, ~ , E \ ~~~ ~~ ~. . ~ ~ D li a~ ~~ ~ ~ ~ • ,~ ~~ ~ , ~ ',,, .',ti. \f y»w i ~J, rte' ~ ~~ ~, „-.r" ~~ 1~ STORMWATER ~[ I ,~V d wisY ~~ 6~.~~' ~'' j u !- 5' ~ 'P'..,', ,~ ~~ T 5.~~_' li Cum ! I -w~. - NZ~ `.54SQI'02''If _ - - - r+; - - ^ M~SDS'~!'C' Z• 1' ~' ; .~ CUpV( • I IC .~ ., 71,10' `~`- ? + /~ ~' ,~. 11'x`. I r j CUARORAII{ r J++ rt r / . ~ 13 66 ' ~ ~1', ~ ~ ti~ ;\ I ~.. ~ . I i - ~ I I - ~ ; ,. .. 1 ~ . .. ~ .. = .. _ RA _ ~. _ - ~ j I' ~ ~ ~ ~ :~ i ~' - - _ _ - - -" ~ ' - ~ ~ ~ PRINCIPAL STRUCTURE; ~ i~ ~OGTED BEHIND TkE - ,,. AS ^ E,., -_ i i i 'i it, ACCE$SDRY $TRUCTUR[4 ~ - _ - - P _ ~ _ 4 ~ I ~ ! i ~ SIDE YARD: - - 11T F NONE I 1+ I ~ y ~. REAR YARD, F - _ - - ~ E I ~? y ', PRINCIPAL STRUCTURES: - - - / `~ ~ ACCESSORr STRUCTURESt ^ '"r-~ t I ~ I r 1 ~ ~ MEJCN7 UTAITATiCW$: t s ' ` 'f. ~ ~5' FDR Ak STqucTUq~ 4AYIYU7A COVEgAGE: r' r ~ e '1 i ' , BUILDING COVERAGE r~uRna•u' I ~~~ / ~, ~ lOT COKpACE - 90x ~ Z0 3JCd N~Q1~Idt~f ZbbELL60bS EZ ~9Z Z00Z18TIZ0 ~~~f' ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2002 RESOLUTION GRANTIIVG A WAIVER UNDER SECTION 13-23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDIIVANCE, ARTICLE II. NOISE OF CHAPTER 13: OFFENSES - MISCELLANEOITS OF THE ROANOKE COUNTY CODE WHEREAS, J. A. Fielden Co., Inc., the general contractors for the construction of a new Wal-Mart Supercenter store on Rt. 460 East in Roanoke County, has requested a waiver of the County's noise ordinance as contemplated under Sec. 13-23. Undue hardship waiver, to permit construction activity related to pouring of the concrete floor for the new store building as early as 1:00 a.m. for a period of two weeks as necessitated by winter weather conditions and in order to eliminate construction related noise after 7:00 p.m and to reduce the total concrete floor construction time for this project from as long as six weeks; and WHEREAS, Section 13-23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance, Article II. Noise of Chapter 13: Offenses - Miscellaneous to avoid undue hardship upon consideration of certain factors set forth in subsection (b) of Sec. 13-23 and after making certain alternative findings. BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: `' 1. In making its determination as to whether to grant to J. A. Fielden Co., Inc., the requested waiver from the County's noise ordinance, the Board of Supervisors has considered the following factors: a. The time of day the noise will occur and the duration of the noise: Beginning not earlier than 1:00 a.m. on a Monday, Wednesday and Friday morning, respectively, for not more than two weeks and ending not later than 9:00 p.m. on each day, respectively; b. Whether the noise is intermittent or continuous: The noise produced during the process of pouring, spreading and finishing or "troweling" a concrete floor becomes louder or more intense during each day's operations due to the increased use of machinery in the finishing stages of the "troweling" process; c. The extensiveness of the noise: The noise will be more extensive by a matter of several weeks without the granting of a waiver due to the substantially increased period of time required to complete pouring of the building's concrete floor if no waiver is granted; d. The technical and economic feasibility of bringing the noise into conformance with the noise ordinance: Due to the weather conditions and average ambient outdoor temperature during February and March, it requires approximately seventeen (17) hours of time for the concrete of a building floor to be poured and properly 2 "troweled" and finished. There are no practical ways to reduce this time without a significant negative impact upon the construction schedule of this project and severe potential costs to the contractor in terms of delays and penalties; e. Other matters related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship resulting from enforcement of the ordinance: By substantially reducing the amount of time which will be required to complete the pouring of the concrete floor for this building without any detrimental impact upon the health, safety and welfare residents in the vicinity of this project and the probable improvement in safety by removing a large number of concrete trucks from the highways during the period of most school bus travel and commuting to work, the community will be benefitted. At the same time, a potential for substantial economic hardship and disruption of the construction schedule for this project will be avoided. f. The extent to which the noise is necessary and incidental to the commercial and industrial use generating the sound: The noise to be generated by this phase of construction of the Wal-Mart facility is normal and expected for this type of operation. 2. The Board of Supervisors makes the following finding: Compliance with 3 ~° the provisions of the County's noise ordinance concerning the specific act of noise disturbance by construction machinery or operations under subsection (1) of Sec. 13-21. Specific acts asnoise disturbance. or under the provision of Sec. 13-20. General prohibition. would produce serious economic hardship for J. A. Fielden Co., Inc. without producing any substantial benefit to the public either living in the area of this construction or generally. 3. That the provisions of Sec.13-21. Specific acts asnoise, subsection (1) and Sec. 13-20. General prohibition. of Article II. NOISE of Chapter 13. OFFENSES -MISCELLANEOUS be WAIVED for a period of twenty-one (21) days until March 19, 2002. 4. This Waiver is granted specifically to J. A. Fielden Co., Inc., its officers, employees and agents for construction related activities at the Wal-mart site located at the intersection of U.S. Route 460 and Cloverdale Road (U.S. Route 220 -Alternate) in Roanoke County, Virginia. 5. That this Waiver may only be extended upon written application and approval by the Board of Supervisors. 6. That this Resolution shall be in full force and effect from its passage. g: \.. \jbo\agenda\refiuid. ord 4 s AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2002 RESOLUTION 022602-3 GRANTING A WAIVER UNDER SECTION 13-23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II. NOISE OF CHAPTER 13: OFFENSES -MISCELLANEOUS OF THE ROANOKE COUNTY CODE WHEREAS, J. A. Fielden Co., Inc., the general contractors for the construction of a new Wal-Mart Supercenter store on Rt. 460 East in Roanoke County, has requested a waiver of the County's noise ordinance as contemplated under Sec. 13-23. Undue hardship waiver, to permit construction activity related to pouring of the concrete floor for the new store building as early as 1:00 a.m. for a period of two weeks as necessitated by winter weather conditions and in order to eliminate construction related noise after 7:00 p.m and to reduce the total concrete floor construction time for this project from as long as six weeks; and WHEREAS, Section 13-23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance, Article I I. Noise of Chapter 13: Offenses - Miscellaneous to avoid undue hardship upon consideration of certain factors set forth in subsection (b) of Sec. 13- 23 and after making certain alternative findings. BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. In making its determination as to whether to grant to J. A. Fielden Co., Inc., the requested waiver from the County's noise ordinance, the Board of Supervisors has considered the following factors: a. The time of day the noise will occur and the duration of the noise: Beginning not earlier than 1:00 a.m. on a Monday, Wednesday and Friday morning, respectively, for not more than two weeks and ending not later than 9:00 p.m. on each day, respectively; b. Whether the noise is intermittent or continuous: The noise produced during the process of pouring, spreading and finishing or "troweling" a concrete floor becomes louder or more intense during each day's operations due to the increased use of machinery in the finishing stages of the "troweling" process; c. The extensiveness of the noise: The noise will be more extensive by a matter of several weeks without the granting of a waiver due to the substantially increased period of time required to complete pouring of the building's concrete floor if no waiver is granted; d. The technical and economic feasibility of bringing the noise into conformance with the noise ordinance: Due to the weather conditions and average ambient outdoor temperature during February and March, it requires approximately seventeen (17) hours of time for the concrete of a building floor to be poured and properly "troweled" and finished. There are no practical ways to reduce this time without a significant negative impact upon the construction schedule of this project and severe potential costs to the contractor in terms of delays and penalties; e. Other matters related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship resulting from enforcement of the ordinance: By substantially reducing the amount of time which will be required to complete the pouring of the concrete floor for this 2 building without any detrimental impact upon the health, safety and welfare residents in the vicinity of this project and the probable improvement in safety by removing a large number of concrete trucks from the highways during the period of most school bus travel and commuting to work, the community will be benefitted. At the same time, a potential for substantial economic hardship and disruption of the construction schedule for this project will be avoided. f. The extent to which the noise is necessary and incidental to the commercial and industrial use generating the sound: The noise to be generated by this phase of construction of the Wal-Mart facility is normal and expected for this type of operation. 2. The Board of Supervisors makes the following finding: Compliance with the provisions of the County's noise ordinance concerning the specific act of noise disturbance by construction machinery or operations under subsection (1) of Sec. 13-21. Specific acts as noise disturbance. or under the provision of Sec. 13-20. General prohibition. would produce serious economic hardship for J. A. Fielden Co., Inc. without producing any substantial benefit to the public either living in the area of this construction or generally. 3. That the provisions of Sec.13-21. Specific acts as noise, subsection (1) and Sec. 13-20. General prohibition. of Article II. NOISE of Chapter 13. OFFENSES - MISCELLANEOUS be WAIVED for a period of twenty-one (21) days until March 19, 2002. 4. This Waiver is granted specifically to J. A. Fielden Co., Inc., its officers, employees 3 and agents for construction related activities at the Wal-Mart site located at the intersection of U.S. Route 460 and Cloverdale Road (U.S. Route 220 -Alternate) in Roanoke County, Virginia. 5. That this Waiver may only be extended upon written application and approval by the Board of Supervisors. 6. That this Resolution shall be in full force and effect from its passage. On motion of Supervisor Flora to adopt the resolution waiving the noise ordinance for a period of five days within a time frame of 21 days ending March 19, 2002, subject to a written agreement with Wal-Mart to increase the height of the berm, place a fence on top of the berm, and if the days change, County will be notified two days in advance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: Brenda J. Holto , CMC Deputy Clerk to the Board of Supervisors cc: File Paul M. Mahoney, County Attorney Arnold Covey, Director, Community Development A. J. Fielden Co., Inc. Wal-Mart Supercenter, Bonsack, VA 4 ACTION NO. ITEM NO. Jam= ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE AGENDA ITEM: February 26, 2002 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 March 26, 2001 The titles of these ordinances are as follows: 1) The petition of Fellowship Baptist Church to rezone 15 acres from I-1 C Industrial District with conditions to C-1 Commercial District and to obtain a special use permit for a Religious Assembly and Daycare located on 5022 Hollins Road, Hollins 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 March 26, 2002. i >~/ (2) That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item 1~,~ and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Respectfully submitted, (`'~ Paul M. Mahone Y County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to No Yes Abs Motion by Church Flora McNamara Minnix Nickens County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P O Box 29800 Roanoke, VA 24418-0798 (540) 772-2068 FAX (540) 772-2108 For Staff Use Only Date received: Received by: 1 f 25 ~ D 2 TlJ`? Application fee ~ Z,~ 6 PCBZA date: 35'02 q~Fs+ ~go+. ~0 Placards issued: BOS date: 31a~olo~ Case Number ~v - ~ ! Z U ~ 2 Check type of application filed (check all that apply) Rezoning ~ Special Use ^ Variance Applicants name/address w/zip. Fellowship Baptist Church Phone: 540-344-6322 Friendship Manor, Inc. 929 Murray Ave. S.E (see owner info below} Attn: Pastor Mike 'Ward Roanoke, VA 24103 Fax No. 540-344-9118 Owner=s name/address w/zip Friendship Manor, Inc. Phone 540-,x'65-2233 327 Hershberger Rd. NW Z Attn: Dr. James D. Harvey Roanoke, VA 24012 Fax No. S~ o - Z65 - 22~ ~ Property Location Magisterial District: Hollins 5022 Hollins Road Roanoke, VA 24019 Community Planning area: Hollins Tax Map No.: 39.09-1-2 Existing Zoning: I-1C Size of parcel(s): Acres: 15 Acres Existing Land Use: Principle Industrial Proposed Zoning: C-1 Proposed Land Use: Religious Assembly, Daycare Dces 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 ~ No ^ IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes ^ No 8 Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/S V R/S V R/S V X Consultation X 8 1/2" x 11"concept plan X Application fee X Application X Metes and bounds description NA Proffers, if applicable X Justi£cation X Water and sewer application X Adjoining property owners I hereby cerkify that I am either the owner of the propertypr the owner=s agent or contract purchaser and am acting with the knowledge and consent of the awner. lr'V C Eo g ~ ~'~~„ ;,,~ L. L. n ~ (~ a Ownet-s Si nature Contract Purchaser Signature Please explain how the request furthers the purposes of the Zoning ®rdinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The property is currently located in the northern portion of a Principal Industrial area. However, the adjacent property to the north is currently zoned R-2 and the property north of that is zoned C-2. The request to rezone this property to C-1 is consistent with the surrounding properties and satisfies the requirements of Principal Industrial. Principal Industrial areas are distributed throughout the community and intended to be convenient to residential areas. Allowing the church to locate on this site will support this intent as residential areas are commonly associated with community buildings such as churches. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The project will be constructed in phases. Phase I will consist of a daycare./multipurpose building of approximately 22000 S.F. as well as a playground area and associated parking. The church plans to begin construction on this phase within approximately two years of properly purchase. once constructed, the church will also conduct weekly church services in the building while raising enough money to construct Phase II. This phase will begin approximately 3-5 years after completion of Phase I and will consist of a sanctuary addition for roughly 400 (approx. 8000 s.f.) people. Also included wiIl be the construction of a softball field and picnic shelter. ~ Please describe the impact(s) of the request on the property itself, the adjoining properties, anti the surrounding area, as well Applicant Friendship Nlanor, Inc. James Harvey Fellowship $aptist Church, Pastor 1Vlike Ward The Plannin$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. .as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. The request to rezone the property to C-1 will have a positive effect on this and the surrounding property. As previously stated the adjacent property on the northern boundary is zoned R-2 with property zoned C-2 beyond that. Ilawever, the actual land use of the property zoned C-2 is residential Therefore, the construction of this church project will have the affect of buffering the current residential property fram the existing Hanover Direct facility. The proposed long-term building plan consists of assembly structures which typically consume far less in public utilities than industrial facilities. A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and othex regulations. A concept plan is required with all rezoning, special use permit and variance applications. ALL APPLICANTS ~ a. Applicant name and name of development ~ b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions -~- d. Location, names of owners and Roanoke County tax map numbers of adjoining properties ~ e. Physical features such as ground cover, natural watercourses, floodplain, etc. k f. The zotung and land use of all adjacent properties g. All properly lines and easements k- h. A11 buildings, existing and proposed, and dimensions, floor area and heights i. Location, widths and names of all existing or platted streets ar other public ways within or adjacent to the 1 ~~ ~ ~'~ + ~d~~ ~( § , U ,1p gyp( 1$i ~{+},y Dip{ ~ ~9i l.~a~ O `~1y C.,~ ~`~ ~ ~*~ ~ ~o~~~ ~~a, ~~~~~ -~n ~-qa~• ~ O~ ~~~~ ~ ~ ~ff~ ~ v L O i ~§;n Y 0 $ s r_ ~ I~ 3~~n $ 8 8 ~~ ~~a € ~ _ ~~~ ~~~ ~~n m m n ~ o ~ sn1 O a ~ ~ _ ~p~FN ~~gV o ~ ~~ ~ \ xn ffi 9 ~ ~ t,7~ r ~ . m+ Q! ~ s ~~s m ~ ~ ~ ~ ~' m~ „ ~ __ y 04.~~ ~ BY r Z 111 J q ~p ~ 2 /' ~ ~yny110 A pl'1~ x ~-4. u ~~$ I n~ w _~ ~i co-s~e=~=N 3,u> ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Applicants Name: Fellowship Baptist Church. Rezoning: Special Use Proposed Zoning: C-1 Tax Map No. 39.09-1-2 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: February 26, 2002 AGENDA ITEM: ORDINANCE AMENDING THE ROANOKE COUNTY CODE BY THE ADOPTION OF A NEW SECTION 2-7. REIMBURSEMENT OF EXPENSES INCURRED FOR EMERGENCY RESPONSE TO ACCIDENTS OR INCIDENTS CAUSED BY DRIVING WHILE IMPAIRED COUNTY ADMINISTRATOR'S COMMENTS: `~~t~rh~ BACKGROUND: The operation of a motor vehicle while under the influence of alcohol or drugs often results in accidents or incidents which require emergency response by Roanoke County law enforcement, fire fighting, rescue and emergency medical personnel and volunteers. This ordinance provides an opportunity for Roanoke County to recover its reasonable expenses in providing an appropriate emergency response to such accidents or incidents. SUMMARY OF INFORMATION: Section 15.2-1716 of the Code of Virginia authorizes any locality in this Commonwealth to adopt a local ordinance to recover in a separate civil action the reasonable expenses incurred in providing appropriate emergency response to accidents or incidents arising from the operation of a motor vehicle, engine, train, or water craft while under the influence of alcohol or drugs. This provision of the State Code limits the reasonable expense to an amount not to exceed $1,000 in the aggregate for a particular accident or incident. The attached draft ordinance implements the provisions of this enabling legislation. The first reading of this ordinance is scheduled for February 26, 2002; and the second reading is scheduled for March 12, 2002. FISCAL IMPACT: Staffis unable at this time to calculate the possible civil recovery of the County's reasonable U:\WPDOCS\AGENDA\CODE\sec.2-7.report.wpd `-,7 .-" expenses in responding to such accidents or incidents. RECOMMENDATIONS: It is recommended that the Board favorably consider the adoption of the attached ordinance. Respectfully submitted, ~~~ Paul M. Mahoney Roanoke County Attorney ----------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Church Received ( ) Flora Referred ( ) McNamara To ( ) Minnix Nickens U:\WPDOCS\AGENDA\CODE\sec.2-7.report.wpd ~ ~/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 2s, 2002 ORDINANCE AMENDING THE ROANOKE COUNTY CODE BY THE ADOPTION OF A NEW SECTION 2-7. REIMBURSEMENT OF EXPENSES INCURRED FOR EMERGENCY RESPONSE TO ACCIDENTS OR INCIDENTS CAUSED BY DRIVING WHILE IMPAIRED WHEREAS, the operation of a motor vehicle, engine, train, or watercraft while under the influence of alcohol or drugs often results in accidents or incidents requiring emergency response by Roanoke County law enforcement, fire-fighting, rescue and emergency medical personnel and volunteers; and WHEREAS, the County incurs reasonable expenses in providing an appropriate emergency response to such accidents or incidents; and WHEREAS, Section 15.2-1716 of the Code of Virginia authorizes any locality in this Commonwealth to adopt an ordinance to recover in a separate civil action the reasonable expenses incurred in providing an appropriate emergency response, subject to certain statutory limitations; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, hereby finds that the adoption of such an ordinance is in the public interest; and WHEREAS, the first reading of this ordinance was held on February 26, 2002; and the second reading was held on March 12, 2002. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a new Section 2-7. Reimbursement of Expenses Incurred for Emergency Response to Accidents or Incidents Caused by Driving While Impaired be adopted to read and provide as follows: ~-°.~ Chapter 2. Administration Article I. In General ~~~~ Section 2-7. Reimbursement of Expenses Incurred for Emergency Response to Accidents or Incidents Caused by Driving While Impaired (a) Any person who is convicted of violation of Section 12-8 of this Code, or of Sections 18.2-51.4, 18.2-266 or Section 29.1-738 of the Code of Virginia, when his operation of a motor vehicle, engine, train or water craft while impaired is the proximate cause of any accident or incident resulting in an appropriate emergency response, shall be liable in a separate civil action. to the county, and to any fire/rescue squad, which may provide such emergency response for the reasonable expense thereof, in an amount not to exceed one thousand dollars ($1,000.00) in the aggregate for a particular accident or incident. In determining the "reasonable expense," a locality may bill a flat fee of one hundred dollars ($100.00) or aminute-by-minute accounting of the actual costs incurred. (b) As used in this section, "appropriate emergency response" includes all costs of providing law-enforcement, firefighting, rescue, and emergency medical services. (c) The provisions of this section shall not preempt or limit any remedy available to the commonwealth, the city, or any fire/rescue squad to recover the reasonable expenses of an emergency response to an accident or incident not involving impaired driving or operation of a vehicle as set forth herein. 2. That this ordinance shall be in full force and effect from and after its adoption. U:\ WPDOCS\AGENDA\CODE\sec.2-7.reimbursement.expenses.driving.impaired.wpd x f 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: February 26, 2002 SUBJECT: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. BLUE RIDGE BEHAVIORAL HEALTHCARE BOARD OF DIRECTORS The three year term of Roger Laplace, County Representative, expired December 31, 2001. 2. 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 3. GRIEVANCE PANEL The three year term of Raymond C. Denny, Alternate expired October 10, 2001. 4. PARKS AND RECREATION ADVISORY COMMISSION The unexpired three-year term of Wayne Gauldin, Catawba Magisterial District who has resigned. His term expires June 30, 2003. 5. ROANOKE COUNTY PUBLIC SAFETY VOLUNTEER BENEFITS BOARD OF TRUSTEES The four-year terms of Mike Gee, Volunteer Fire, Leon Martin, Volunteer member- 1 ~r' at-large, and Mariah Roberts, Volunteer Rescue Squads expired January 2002. Members of the Board are recommended by the Volunteer Fire and Rescue Chiefs Board and are confirmed by the Board of Supervisors. The Chiefs Board anticipates making a recommendation in March. 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 () Flora _ _ _ Received () McNamara- Referred () Minnix _ To () Nickens _ _ _ 2 "~/ i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2002 RESOLUTION 022602-4 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 February 26, 2002 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 6, inclusive, as follows: Approval of Minutes -October 23, 2001, November 13, 2001, December 4, 2001, and January 2, 2002. 2. Confirmation of Committee appointments to the Grievance Panel and League of Older Americans Advisory Council. 3. Acceptance of $1,500 Youth Awareness of Impaired Drivers Grant from Department of Motor Vehicles to purchase fatal vision goggles to stimulate the effects of intoxicants on students for use by School Resource Officers. 4. Acceptance of $1,500 Highway Safety Trailer Grant from Department of Motor Vehicles to purchase highway safety trailer by the Police Department. 5. Acceptance of $25,000 Quality Initiative Day Care Grant by Department of Social Services. 6. Acceptance of $2,717 Carl Perkins Entitlement Supplement from Department of Education for career and technical education. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item 1 . ~. pursuant to this resolution. On motion of Supervisor McNamara to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: Brenda J. Hol n, CMC Deputy Clerk to the Board of Supervisors cc: File Ray Lavinder, Chief of Police Danial Morris, Director, Finance Betty McCrary, Director, Social Services Roger Johnson, Career, Technical and Adult Education Administrator Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board 2 .. ~ .. ,- October 23, 2001 60 5 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 October 23, 2001 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of October, 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: Elmer C. Hodge, County Administrator; Vickie L. Huffman, Senior Assistant County Attorney; Brenda J. Holton, Clerk to the Board; John M. Chambliss, Assistant County Administrator; 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. Chairman Minnix welcomed to the meeting Vinton Town Mayor Don Davis; members of Vinton Town Council Bob Altice, Brad Grose, Tom Rotenberry; and Town Manager Clay Goodman. tN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS October 23, 2001 607 NAYS: None RESOLUTION 102301-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF HENRY A. WILEY, GENERAL SERVICES DEPARTMENT, AFTER TWENTY-EIGHT YEARS OF SERVICE WHEREAS, Henry A. Wiley was first employed by Roanoke County on September 14, 1973, in the General Services Department as Janitor I and also held the position of Janitor II; and WHEREAS, Mr. Wiley retired from Roanoke County on October 1, 2001 as Custodian after twenty-eight years of service; and WHEREAS, Mr. Wiley was particularly helpful in assuring that the Board Meeting Room was clean and organized, and could always be counted on to assist with any official or special County functions; and WHEREAS, Mr. Wiley performed his duties and responsibilities in anefficient and effective manner and was held in high regard by his fellow County employees; and WHEREAS, Mr. Wiley, 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, the appreciation of Mr. Wiley's fellow County employees, and the appreciation of the citizens of Roanoke County to HENRY A. WILEY for over twenty-eight years of cheerful, 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 3. Recognition of Virginia Municipal League Award to Town of Vinton for Gain Sharin Agreement. Vinton Mayor Davis advised that the Town of Vinton was awarded a Virginia Municipal League Achievement Award for the Gain Sharing Agreement between the Town of Vinton and Roanoke County which went into effect July 1, 1999. This award was one of five presented at the VML Conference on October 16, 2001 in Virginia Beach. He thanked the Board members and staff for their cooperation on the agreement which will be l w October 23, 2001 609 years were Schools and economic development for providing jobs. Supervisor Church thanked the people involved with the survey and suggested that even with the excellent grades, the County must strive for the best customer service possible. Supervisor Johnson pointed out that the schools which the citizens chose as the top issue facing the County within the next five years went from 31 % in 1999 to 22.2% now. He suggested that the County research this downward trend with Martin Associates for future consideration. Ms. Scearce advised that surveys were done by Martin Research in 1995, 1997, 1999 and 2001, with 500 randomly selected households to provide a sampling of opinions. She introduced Mr. Martin to summarize the survey results. Mr. Martin thanked the Board, County staff and the citizens for their cooperation and assistance on the survey. He advised that the survey was a 25 minute telephone documentation by Martin Research trained interviewers. The questionnaire was jointly designed by County staff and Martin Research. He reported that 63% of those surveyed indicated they were very satisfied with services provided by the County. The percent of citizens dissatisfied on the survey in 1997 was 6.2 % and for 2001, it is .8% which is a big improvement. He gave the results of the rest of the questions in the report indicating that this is an exceptional report; the scores are very high for any locality; it represents a high degree of satisfaction; and provides excellent information. IN RE: NEW BUSINESS 1. Motion to reconsider resolution opposing Alternative 6A for the Interstate-73 Highway Project• Paul Mahoney, County Attorne Chairman Minnix advised that Mr. Mahoney was absent due to a death in his October 23, 2001 611 more concerned about the constituency in the Western corridor than the people in Southeast County. Supervisor Johnson advised that the issue was one of equality and fairness and that he voted previously with the other supervisors to protect the citizens of the Catawba, Cave Spring and Windsor Hills Districts and agreed that the Southeast County residents deserve the same consideration. Supervisor Minnix advised that it is not only east and west residents who need protection but he also has a responsibility to the citizens of the Clearbrook community. Supervisor McNamara advised that by defeating this resolution, the Board still has a resolution on record approving the Central route for I-73 which they have reaffirmed many times and that the Board has been on record numerous times in support of I-73. Supervisor Nickens advised that a vote in favor of opposing Alternative 6A would not change what may happen to the Clearbrook community, and does not adversely affect anything voted on prior to this time. Supervisor Nickens moved to adopt the resolution opposing Alternative 6A for the Interstate 73 Highway project. The motion was defeated by the following recorded vote: AYES: Supervisors Johnson, Nickens NAYS: Supervisors McNamara, Church, Minnix 2. Approval of an aare,,,~ ement with the Town of Vinton concerning the development of the McDonald Farm Economic Development Pro~ect• Elmer Hodge, Count Administrator) A-102301-2 Mr. Hodge advised that the McDonald Farm property is now ready to be October 23, 2001 6 ~ 3 through the Clearbrook Overlay process to guide future development in Clearbrook. The rezoning was approved but since that time, Mr. Walker has purchased West Motor Sales on Franklin Road and owns dealerships for Mercedes-Benz, Jaguar and Land Rover. He purchased another 2.5 acres adjacent to his original parcel to build two stand-alone automobile dealerships, aMercedes-Benz dealership and a Premier Dealership for Jaguar and Land Rover. These two parcels are zoned C-2 and this use is permitted by right. The Board had already established the Stable Road Water and Sewer District to facilitate the extension of water and sewer infrastructure in this area. The original agreement was that $500,000 was to be allocated from the General Fund to build the infrastructure and liens would be placed on the properties and as development occurred, the development would pay the lien off to satisfy that water and sewer fund. Staff has come up with a program to allow Mr. Walker a period of three years to produce new revenues to County in amount of $300,000 which equal the liens which have been placed on the properties and the water and sewer hook up fees. Instead of the County making an immediate appropriation as in the performance agreement previously proposed, the development creates $100,000 a year new revenue and as the new revenues are received by the County, they will then be appropriated by the Board one year at a time to satisfy the $300,000 lien and water and sewer hook up fees for this project. The project needs no formal approval process by planning and zoning but Ms. Goodlatte, attorney for the developer, and County staff attended a neighborhood meeting to inform the citizens of the changes in the project. Utility Director Robertson, Ms. Goodlatte, Mr. Hodge and Mr. Chittum responded to various questions from the Supervisors. Supervisor Johnson advised that he would like to see acut-off date for construction to start added to the performance October 23, 2001 615 option fee. Staff is not recommending appropriation of $5,000 from the Board Contingency Fund as stated in the Board report. This appropriation would be postponed until a later time when the environmental assessment and title work needs to be done. In response to Supervisor Nickens, Ms. Scheid advised that if the Read Mountain Alliance is successful in protecting the upper elevations of Read Mountain from 1800 feet up, and with the top of the mountain being 2350 feet, this would protect the mountain from cell towers. She advised that about 600 acres would have to be protected in order to cover the ridge, and she credited the Read Mountain Alliance for pushing this environmental protection. Supervisor Johnson suggested that the County put a conservation easement on the property before the County conveys it to another party. Supervisor Johnson moved to approve the agreement and appropriation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 5. Request for approval of olp icies and procedures for accepting contributions and donations for Count projects. John Chambliss, Assistant Count Administrator) A-102301-5 Mr. Chambliss advised that during the work session with the Library Board on October 9, 2001 concerning the improvements to the Bent Mountain Library, the Board asked staff to establish policies and procedures for the acceptance of contributions and donations to the County or its departments and agencies. Working with staff from the County Attorney's Office and the Finance Department, a policy has been developed to October 23, 2001 617 IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA Supervisor Nickens moved to approve the first readings and set the second readings and public hearings for November 13, 2001. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 1. First readin of ordinance to obtain a Special Use Permit for 11.71 acres fora rid vats stable located at 4911 Poor Mountain Road, Catawba Magisterial District upon the etp ition of Stephen D. and Ruth E. Nash. 2. First readin of ordinance to obtain a Special Use Permit for 8.77 acres for a religious assembly located at Va. Rte. 311/Laurel Mountain Road intersection, Catawba Magis~ District upon the etp ition of Star City Church of Christ. 3. First readin of ordinance to amend the Roanoke Count Zonin Ordinance, Section 30-92 Screening, Landscaping, and Buffer Yards upon the eta ition of the Roanoke Count Planning Commission. 4. First readin of ordinance to amend the Roanoke Count Zonin Ordinance, Section 30-23, Non-Conforming Uses and Structures upon the petition of the Roanoke Count Planning Commission. IN RE: FIRST READING OF ORDINANCES First readin of ordinance authorizing creation and financing for a local public works improvement rp oject _ Paint Bank Road Water Project• Gary Robertson, Utilit Director 0-102301-6 Mr. Robertson reported that private wells serving properties on Paint Bank Road provide a less than adequate supply of water, and several property owners were required to drill several wells trying to find adequate water. During the fall of 1999, several October 23, 2001 619 expense. Chairman Minnix advised that the first reading of the ordinance was hereby waived and the Board would vote on the second reading and approval of the ordinance. Supervisor Church advised that he appreciated Supervisor McNamara's support for Alternative #1 and agreed that this would save the citizens having to pay the additional $500. He moved to adopt the ordinance with Alternative #1. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 102301-6 AUTHORIZING THE CREATION OF AND FINANCING FORA LOCAL PUBLIC WORKS IMPROVEMENT PROJECT, PAINT BANK ROAD WATER PROJECT WHEREAS, Ordinance 112288-7 authorizes the financing of local public works improvements and the imposition of special assessments upon abutting property owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and WHEREAS, the County Administration has negotiated the extension of the public water system to Paint Bank Road community; and WHEREAS, the extension of the public water system and the creation of a special utility (water) service area will alleviate a critical public health and safety problem; and WHEREAS, several of the residents have requested that the County allow them to pay their portion of the costs of connection to the public sewer system over ten years at an interest rate of 8%; and WHEREAS, the first reading of this Ordinance was held on October 23, 2001, and the second reading was waived because of the emergency nature of this request; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public water extension for the Paint Bank Road community. The total construction cost of this public water project is estimated to be $36,550.00, to be initially financed as follows: Citizen Participation (4 at $3,655 each) $14,620 Advance from the Public Works $21,930 Participation Fund TOTAL $36,550 October 23, 2001 621 2. First readin of ordinance authorizing the acquisition of real estate for the Carvin Creek Hazard Mitigation Pro'ect Phase II to reduce the number of structures in the Carvin Creek Floodplain. Geor a Simpson, Communitv Development Ass_ Director Mr. Simpson advised that in February, 1999, staff brought a list of 13 properties to be acquired in Palm Valley along Carvin Creek. During the acquisition of Phase I, one of the property owners changed his mind so staff added another property to that list. This ordinance identifies the Woods property, and authorizes staff to take the necessary actions to acquire this property as part of Phase II. Supervisor Johnson moved to approve the first reading and set the second reading for November 13, 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 readin of ordinance authorizing the vacation of an existin 20' drainage easement and acceptance of the relocated 20' drainage easement on ro ert of Leon P. Harris and Beverl Y. Harris, Lot 3A, Section 26" Huntin Hills, located in the Cave S rin Magisterial District. Arnold Cove Communitv Development Director This item was heard at the evening session at the request of Assistant County Attorney Huffman because it was advertised for a public hearing. IN RE: APPOINTMENTS October 23, 2001 623 2. Resolutioof i s 50t~ Annlatersary in the Roanoke Val eympany on the occasion 3. Resolution of appreciation upon the retirement of Daniel A. LaPrade, Police Department. 4. Request from Sheriff's Office to accept $8,115 grant for the Adult Literacy and Basic Education Program. 5. Request for acceptance of Monet Drive into the Virginia Department of Transportation Secondary System. g. Acceptance of donation of 20' sanitary sewer easement from Professional Coordinated Services, Inc. on Reservoir Road, Hollins Magisterial District. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 102301-7_f, OF CONAS ON OF TIS 50 "ANN VERSARY INSURANCE COMPANY ON THE OCC IN THE ROANOKE VALLEY WHEREAS, Allstate Insurance Company was founded in 1931 as part of Sears, Roebuck and Company, being named after an automobile tire line that Sears carried at that time; and WHEREAS, the Allstate Insurance Company is celebrating its 70t anniversary in the United States, its 50th anniversary in the Roanoke Valley and its 315` anniversary in the County of Roanoke; and WHEREAS, Allstate Insurance Company is ranked the ninth largest employer in the Roanoke Valley by the Chamber of Commerce, employing over 1,400 employees in multiple County locations, incdluding the National Support Center which services customers and agents countrywide; an WHEREAS, Allstate Insurance Company, lives up to its slogan "You're in Good Hands with Allstate," by service to the community through the Allstate Foundation established in 1952 that awa s Pgoa am which wror~ks with commune ty gro ps to dent~y and of life and The Helping Hand g address their most pressing needs; and WHEREAS, Allstate Insurance Company employees in the Roanoke Valley give of their time and talent through volunteer involvement in Junior Achievement, the West End Center, Boys and Girls Club, Meals on Wheels delivery, blood donor drives, and various other charitable organizations. NOW, THERoEffOR ti sBon ratulationsEo AI state InB~randce Company on its Roanoke County. Virginia, 50th anniversary m the Roanoke Valley; and October 23, 2001 625 WHEREA ent on Marcha9~1999 forncomDprehens veost mwateradetention entered into an agreem which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the seconds entys S bdivisioneStreet Requpements, and 33.1-229, Code of Virginia, and the Departm BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FUR EnERe Ef Othe Virg n a Departfinent opTransportationution be forwarded to the resident g Recorded Vote Moved By: Supervisor Johnson Seconded By: None Required Yeas: Supervisors Johnson, McNamara, Church, Nickens, Minnix Nays: None Absent: None IN RE: REQUESTS FOR WORK SESSIONS 1. Request for work session on November 13, 2001 to review the Secondary Road System Six Year Construction Plan 2( 002- 2008 and Consideration of Projects for FY 2002-2003 VDOT Revenue Sharin Program. Arnold Cove Community Development Director It was the consensus of the Board to set a work session for November 13, 2001. 2. Request for work session on November 13, 2001 to review proposed changes to Roanoke Count Zonin Ordinance, Screening, Landscaping, and Buffer Yards. Janet Scheid, Senior Planner October 23, 2001 627 discuss plans to protect public safety as it relates to terrorist activity. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: CLOSED MEETING The Closed Meeting was held from 5:20 p.m. until 6:50 p.m. IN RE: CERTIFICATION RESOLUTION R-102301-8 Chairman Minnix advised that he was absent for part of the Closed Meeting and came in at the beginning of the discussion on the Route 419 Crossover at Springwood Park. At 7:00 p.m., Supervisor Minnix moved to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 102301-8 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 October 23, 2001 62g 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 then instructed staff to place the building for sale, and 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. She described three alternatives as follows: (1) Renovate the building for use as office space which 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. (2) Demolish the existing structure and build a new facility. Two alternatives for a new building are (a) build a four story 26,400 sq. ft. building with 17,124 sq. ft of office space at cost of $84/sq. ft. or (b} building a four story 24,000 sq. ft. building with 14,799 sq. ft. of office space at a cost of $84.50/sq. ft. Funding for Alternative 1 and part of Alternative 2 is available from the proceeds of the sale of the Lloyd property which the County sold for $984,000 in March, 2001. (3) Approve the first reading of the ordinance and authorize the County Administrator to execute the necessary documents to consummate this transaction. Ms. Green advised that staff recommends Alternative 1. The need for additional space in the Courthouse has existed almost since the building was completed, and will only grow in the future. The County has looked at various options throughout the October 23, 2001 63~ 0-102301-9 Ms. Scheid advised that on August 14, 2001, the Board held a work session to discuss enforcement procedures for nuisance code and zoning violations. She explained that Section 30 of the Roanoke County Code (Zoning Ordinance) allows 15 days to correct violations that deal with the parking of recreational vehicles, boats and commercial vehicles. Staff is recommending that this time be reduced from 15 to 10 days to make this section of the Code consistent with other sections of the Code. There were no citizens present to speak on this item. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 102301-9 AMENDING THE ROANOKE COUNTY ZONING ORDINANCE, SECTION 30-21.B.. "ENFORCEMENT PROCEDURES" BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Sec. 30-21. Enforcement Procedures. (B) Property owners, permit applicants, and/or establishment owners/managers, as applicable, shall be notified in writing of violations of the provisions of this ordinance. The administrator shall, in the notice of violation, state the nature of the violation, the date that it was observed, and the remedy or remedies necessary to correct the violation. The administrator may establish a reasonable time period for t~ e c ~rOrecdtaos of the violation, however in no case shall such time period exceed €t#te-5j . n ~ Y from the date of written notification, except that the administrator may allow a longer time period to correct the violation if the correction would require the structural alteration of a building or structure. (C) If the violation is not corrected within the time period specified in the first notification, a second written notice shall be sent. The second notification shall request compliance with these provisions within a pe*iod not to exceed seven (7) days. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None October 23, 2001 633 common access road. Ed Natt, Attorney for the petitioner was present. There was no discussion and no citizens present to speak on this issue. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 102301-10 TO CHANGE THE ZONING CLASSIFICATION OF A 3.71-ACRE TRACT OF REAL ESTATE LOCATED AT 3990 CHALLENGER DRIVE (PART OF TAX MAP NO. 50.05-1-1) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-1 TO THE ZONING CLASSIFICATION OF R-3 WITH CONDITIONS UPON THE APPLICATION OF BOWMAN DALTON, INC. WHEREAS, the first reading of this ordinance was held on July 24, 2001, and the second reading and public hearing were held August 28, 2001, at which time this matter was referred to the Planning Commission for further consideration; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 7, 2001, and on October 2, 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 3.71-acres, as described herein, and located at 3990 Challenger Drive (Part of Tax Map Number 50.05-1-1) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-1, Office District, to the zoning classification of R-3, Medium Density Multifamily Residential District. 2. That this action is taken upon the application of Bowman Dalton, Inc. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (a) The subject property will be developed in substantial conformity with the plat entitled "Plat Showing Rezoning Exhibit, Property of Robert L. Metz and Reba S. Metz," prepared by Lumsden Associates, P.C., under date of August 8, 2001, Exhibit A. (b) The C-1 and R-3 property shall share a common access road. 4. That said real estate is more fully described as follows: Beginning at a point on the northerly side of Challenger Avenue at the southeasterly corner of the property of W. M. Witt and Mary B. Witt (Tax Map No. 50.05-1-3); thence N. 37 deg. 15' 00' W. 200.85 feet to the actual place of beginning; thence S. 37 deg. 15' 00" E. 298.52 feet to a point; thence N. 51 deg. 00' E. 539.88 feet to a point; thence S. 37 deg. 15' 00" E. 277.28 feet to a point; thence S. 48 deg. 45' W. 301.79 feet to a point on the easterly October 23, 2001 635 Development Department budget. Staff recommended approval of the ordinance. There were no citizens present to speak on this item. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 102301-11 AUTHORIZING THE VACATION OF AN EXISTING 20' DRAINAGE EASEMENT AND ACCEPTANCE OF THE RELOCATED 20' DRAINAGE EASEMENT ON PROPERTY OF LEON P. HARRIS AND BEVERLY Y. HARRIS, NEW LOT 3A, SECTION 26, HUNn lAP NO 87.16 4 3)BN TOHEICAVE SPRING MAG SOTERIAL D STRICT TAX WHEREAS, by subdivision platentitled `SECTION N0.26, HUNTING HILLS', dated May 3, 1994, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 16, page 165, a "NEW 20' D.E." [drainage easement] was dedicated and shown across Lot 3; and, WHEREAS, the subject drainage easement is further shown on `NEW LOT 3A' and designated as "20' D.E., P.B. 16, pg. 165" on re-subdivision plat entitled `PLAT OF SUBDIVISION FOR PROPERTY OF ROBERT C. LAUGHER AND ANNAJEAN LAUGHER CREATING HEREON NEW LOT 1A (1.657 AC.) AND NEW LOT 3A (1.624 AC.) BEING ORIGINAL LOTS 1, 2 & 3, SECTION NO. 26 "HUNTING HILLS" (PLAT BOOK 16, page 165),' dated August 9, 1996, and recorded in the aforesaid Clerk's Office in Plat Book 19, page 20; and WHEREAS, Leon P. Harris and Beverly Y. Harris are the current owners of `New Lot 3A', Section 26, Hunting Hills, designated on the Roanoke County Land Records as Tax Map No. 87.16-4-3; and, WHEREAS, the owners have requested that, pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia, vacate the above-described existing 20' drainage easement, and accept in exchange a new 20' drainage easement across New Lot 3A, Section 26, Hunting Hills, P. B. 19, Pg. 20; and, WHEREAS, this vacation and acceptance will involve minimal cost to the County and the relocation has been approved by the County's engineering staff; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (19ublic hear nndandd~ secdond reading oaf 9 sf ordinaalce was held ondOctobe~23r 9, 2001, the p 9 2001. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. Thatthe existing 20' drainage easement on Lot 3, designated as "NEW 20' D.E."and dedicated by subdivision plat entitled `SECTION NO. 26, HUNTING HILLS', dated May 3, 1994, and recorded in the aforesaid Clerk's Office in Plat Book 16, page 165, October 23, 2001 ~37 Supervisor McNamara: (1) He inquired if the County had used the financing part of the Southwest Development Financing Committee, and Mr. Hodge informed him that the County has not but it is receiving network benefits. (2) He announced several statistics in the Draper Arden's report on the water and sewer rates for Virginia and that Roanoke County is one of two counties out of 176 counties that lowered their water rates. He feels that the citizen's perspective is that the County has high water rates but in reality, they are below average. He feels that the Spring Hollow Reservoir is an asset and was great idea. Supervisor Minnix: (1) He followed upon Supervisor McNamara's briefing on water rates and agreed that the County did great planning in building the reservoir. He asked that staff keep as much water in the reservoir as possible. (2) He advised that he enjoyed the press conference and the scenery was beautiful. He commended Supervisor Johnson for his financial pledge on behalf of his grandchildren to the Read Mountain group; commended the citizens for working hard; and advised that we are the only County to tackle ridge line protection. IN RE: ADJOURNMENT Supervisor Minnix moved to adjourn the meeting at 7:34 p.m. with a unanimous voice vote. Submitted by, Approved by, Brenda J. Holton, CMC Deputy Clerk to the Board H. Odell Minnix Chairman November 13, 2001 639 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 November 13, 2001 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the third Tuesday and the only regularly scheduled meeting of the month of November, 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 Joseph McNamara, Harry C: Nickens MEMBERS ABSENT: Supervisor Bob L. Johnson STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; John M. Chambliss, Assistant County Administrator; 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 Mr. Hodge: (1) advised that Mr. Haile has requested to postpone his rezoning request until December 18, 2001; and (2) added a briefing from Chief Burch ' November 13, 2001 641 3. Recognition of Board member H. Odell Fuzz Minnix for 10 years service on the Board of Supervisors. Supervisor Nickens recognized Chairman Minnix and presented him with a plaque from the Virginia Association of Counties for his ten years of service as a member of the Board of Supervisors. IN RE: BRIEFINGS ~. Briefin on Brush Fire on Bent Mo= Fire and Re_ Chief Rick Burch and Chuck Hu__ ts_?I~, State Forest Department) Chief Burch and Mr. Hutsell reported on the recent fire on Bent Mountain. Chief Burch advised that the initial dispatch call came at 1:23 a.m. on Friday, November 9. Clearbrook, Bent Mountain, Back Creek, and later, Cave Spring responded. Additional units were requested from Vinton, Read Mountain and Hollins. There were also brush fires on Bandy Road, Poage Valley, Roberta Road and Bradshaw Road. The State Forestry Department, Federal Park Service and Roanoke County activated and utilized a unified command approach throughout the incident. Mr. Hutsell commended the Roanoke County Fire and Rescue Department. He advised there were helicopters, tractors, 60 wild land firefighters from Utah and Wyoming and the Forestry Department had 50-60 people involved at all times. Supervisor McNamara advised he visited the brush fire on Poage Valley and expressed appreciation to the Department of Forestry. Chief Burch reported that they had much support from the public including food brought by volunteers. IN RE: NEW BUSINESS ~, gpproval of a Riaht-Of-Entry Agreement with Willie J. Keelin November 13, 2001 643 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 contractors. Mr. Mahoney recommended that: 1) 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; 2) 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; 3) 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; 4) authorize the expenditure of an amount not to exceed $20,000 to pay Mr. Keeling's legal counsel fees from funds previously appropriated by the Board for outside counsel fees; and 5) the Board of Supervisors appropriate $1,410,000 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. In response to questions from Supervisor Minnix, Mr. Mahoney advised that $1.4 million was the best estimate of the cost. This will mitigate many of the problems if it does not solve all of them. It may be possible to get grant funds also. He also advised that it may be possible for DEQ to cover the cost of Mr. Keeling's legal fees and the temporary employee. Supervisor McNamara inquired whether the individual hired to follow the school construction projects could also oversee this project, but Mr. Hodge responded that the employee is already involved in current County construction projects. He requested permission to establish the position and --- -TNovember 13, 2001 6,4,5 recently purchased and rezoned additional adjacent property to locate the proposed impoundment portion of the facility. Mr. Chambliss advised that the new impoundment facility must be constructed to meet current standards established by the State Veterinarian's office and 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. Mr. Chambliss advised that 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 will be in the form of lease payments for the 15 - 20 year term of the financing. 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 required according to 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. November 13, 200'1 647 Springwood Park. The property owners were provided notice of the rezoning actions by the Board on two separate occasions. Upon completion of the road construction by Springwood, the owners of the Office Park and Wachovia Bank became aware of the crossover closure and objected because of the negative impact to their businesses. The Office Park owners filed suit against VDOT. Mr. Hodge explained that among the several alternative proposals, the solution that is economically feasible and satisfactory to all parties is to reopen the crossover solely for cleft-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. The County's share of $25,000 would be paid from the Public Private Partnership Account. Mr. Hodge recommended approval of the following: (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; and (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. Supervisor Minnix noted that Springwood Associates has requested the stop light within nine months. Mr. Hodge responded that VDOT has agreed to this. Supervisor McNamara noted that he had an office in the Office Park and would abstain from voting to avoid any appearance of conflict and has not participated in past November 13, 2001 649 REZONING ORDINANCES -CONSENT AGENDA Supervisor McNamara moved to approve the first readings and set the second readings and public hearings for December 18, 2001. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson 1. First readin of ordinance of etp ition 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 readin 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 op rtion of 3512 Brambleton Avenue, Cave S rin Magis~ terial District. 3. First readin of ordinance of etg ition of Calva Chapel of Roanoke to obtain a Special Use ep rmit for .891 acres for a religious assembly located at 4903 Starke Road, Cave S rin Magisterial District. 4. .First readin of ordinance of etp ition of Chase Potter to rezone 23.5 acres from AR, Agricultural Residential to AG-1 Agricultural/Rural Low Densit District and obtain a Special Use Permit for a Shooting Range, Outdoor located at 3454 Randall Drive, Vinton Magisterial District. IN RE: SECOND READING OF ORDINANCES 1. Second readin of ordinance authorizing the acquisition of real estate for the Carvin Creek Hazard Mitigation Pr~ect, Phase II to reduce the number of structures in the Carvin Creek Floodplain. Geor a Simpson, Community Development Assistant Director November 13, 2001 651 2. That the consideration for this property acquisition shall not exceed a value to be determined bhe consideeationtfoa~ this real estate apqu sation dshall be paid 3. That t from the Carvin Creek Hazard Mitigadtion Project Grant funds, not to exceed and subject to the amount of funds available, a 4. That in order to accomplish the provisions of the Grants and ordinances, the Board hereby a educe b and requirements by which acquis tion~ of a I Policy," which establishes the proc 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 accepte and appropriated, and are available in the DrainagelFlood Control capital account. 6. That the County Administrator, or any Assistant County Administrator, is hereby authoriz Id h theseuacquis do ocumeof whicdhtshall be on form as may be necessary to accomp 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 2. Second readin of ordinance accepting an offer for and authorizing the sale of ro ert located at 400 East Main Street, Salem, Virginia Salem Office Supply Buildin =City of Salem Tax Map No. 107-6-1 . Anne Marie Green, Dir= of General Services This item was moved to Item 6 in the evening session. IN RE: APPOINTMENTS 1. Roanoke Valle Res_ Authority Supervisor Church announced that he would appoint a resident of the Bradshaw Road area at the evening session. IN RE: CONSENT AGENDA R-111301-4; R-111301-4.e; R-111301-4.f November 13, 2001 653 RESOLUTION 111 RPE111 RpE S0 AL HPROPERTY H WITHA THE V RGINIA EXCHANGE OF 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 human resources, vehicle wherever possible in the areas of finance, procurement, 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 ao enofdt~ansferp~gc exchanging, IeasingF or conveyi g county department for the purp public personal property assets. NOW THEREFORE, Be It Resolved, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the VRFA onveeanced of personal pop rty,t equipme~tea d the transfer, exchange, lease, or c y other similar assets. 2. That the Co oncem~n ~nsa'dt property oeSassetssasllhe may deem to approve such transactions g 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 IN RE: REQUESTS FOR WORK SESSIONS The Legislative Program work session was scheduled for December 4, 2001. IN RE: REPORTS Supervisor Nickens moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix • November 13, 2001 655 industry where no previous announcement has been made of the business or industry's interest in locating its facilities in Roanoke County; and (5) §2.2-3711 A (7) - Consultation with legal counsel concerning probable litigation, namely City/County boundary adjustments. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson IN RE: WORK SESSIONS 1. Work Session to review the Secondary Road System Six Year Construction Plan X2002-2008 and Consideration of Projects for FY 2002-2003 VDOT Revenue Sharin Program. Arnold Cove Community Development Director The work session was held from 5:05 p.m. until 5:20 p.m. and was presented by Arnold Covey and Jay Knight, and Bill Manning from the Virginia Department of Transportation staff. Mr. Covey reported that Roanoke County received approximately $3.56 million last year and Roanoke County's budget for FY 2001-2002 is estimated to be approximately $4.0 million. 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 the staff is currently working on are Creekside Drive and Artrip Lane. Mr. Covey explained that 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 November 13, 2001 657 NAYS: None ABSENT: Supervisor Johnson RESOLUTIONFORMITY WITH TIHEICODE OF VIRG NIAMEETING WAS HELD IN CO 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 IN RE : PUBLIC HEARINGS AND SECOND READING OF ORDINANCES The following petition was continued by the Planning Commission and will not be heard this evening Second readin 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 etp ition of Star C~ Church of Christ. 1. Second readin of ordinance to obtain a Special Use Permit for 11.71 acres fora ri,~ vats stable located at 4911 Poor November 13, 2001 659 (2) All animal grazing areas n off and eros onent ground cover to minimize storm water ru (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 harts f of o~dinan es fincconflict(w~thd the after its final passage. All ordinances or p rovisions of this ordinance be, and the san edistr cbymap toereflectd the change ig Administrator is directed to amend the zon g zoning classification authorized by this ordinance. On motion of Supervisor Church to adopt the ordinance with Condition #4 added, and c Sueerbvisors MlcNamara, ChurdCh, Nickens, Minnix AYES: p NAYS: None ABSENT: Supervisor Johnson 2• Second readin of ordi_ a to rezone •398 acres from R-1 Residential Dis= to C-1 Office Dis= with conditions for expansion of a me= clinic and related arkin loc_ ated at 3500 block of Pinevale Road,. Windsor Hills Magisterial Dis= upon the et~itizn of Windsor Ho__us?- Janet Sc= Chief Planner 0-111301-9 Ms. Scheid reported that the Board originally heard this request on October 23 and sent it back to the Planning Commission. Since that time, the petitioner has added option #4 and requested that only a narrow seven foot strip be rezoned from R-1 to C-1 and that all parking will be squeezed onto the front portion on Brambleton Avenue. Ed Natt, attorney for the petitioner advised that the Planning Commission recommended approval both times they heard the request. The residents requested that there be no rezoning. The petitioner is now only requesting rezoning of a seven foot strip in the back to meet the necessary set back requirements. In response to a November 13, 2001 661 ABSENT: Supervisor Johnson ORDINANCE 111301_9 C SA ~AREHFEEOTNOF ALTRACT OFIOREAL APPROXIMATELY 1200 Q ESTATE LOCATED IN THE 3500 BLOCK OF PINEVALE ROAD, (A PORTION OF TAX MAP FROM THE ZONING CLASSIFICATIONIOF MAGISTERIAL DISTRICT R-1 RESIDENTIAL DISTRU ON HE APPLICAT ON SOFC WINDSOR C-1 OFFICE DISTRICT HOUSE, INC. WHEREAS, the first reading of this ordinance was held on August 28, 2001, and the second reading and batik to the~Plann g Commissionbor further study which time this matter was referred and review; and WHEREAS, the Roanoke County Planning Commission held a pub is hearing on this matter on Sepal not cre and advertisement has been2provided as required WHEREAS, leg by law. BE IT ORDAINED by the Board of Supervisors of Roanoke Coun y, Virginia, as follows: roximatel 1200 square feet, as 1: That the zoning classification of app Y described herein, of a certain tract of real estate located in the 3500 block Ma ~ steaal Road (a portion of Tax Map Number 77.09-4-36.01) in the Cave Spring g . District, is hereby changed from the zoning classification of R-1, Residential District, to the zoning classification of C-1, Office District, with condition lication of Windsor House, 2. That this action is taken upon the app Inc. 3. That said real estate is more fully described as fo ows: BEGINNING at the iron pin set at the northeast corner of Lot 2, proceed S. 29 deg: 25 20 E. 7.00 feet; thence S. 60 deg. 25' W. 173.50 feet a roximatel parallel to the existing property line of Lot 2; thence S. 28 degp 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 prepa cd a~d datedeNove beer 13, 2001 ia, prepared by Marasco & Associates, 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All oe ~ a d the same sherebydare, crepealed nflThe Zoning provisions of this ordinance b , 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 November 13, 2001 663 Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson ORDINANCE 111301-1ON A30 9 DINS SCREENING, OLANDSCAPING~ AND ORDINANCE, SECTI BUFFER YARDS" BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That Section 30-92. "Screening, Landscaping; and Buffer Yards" oft e Roanoke County Zoning Ordinance be, and hereby is, repealed in its entirety. 2. That a new S acmendedto readrand providedas follows: nd Buffer Yards" of the Roanoke County Zoning be Sec. 30-92. Screening, Landscaping, and Buffer Yards. Sec. 30-92-1. Intent. (p) 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 rotection of the natural environment throughaplantings thattlabsorb 3. Promote the p 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 havelthe authoritn ouasuln an of the, e r0-90 ments as alcond tion of board shall also Y pp y y q 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 November 13, 2001 665 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. November 13, 2001 ss7 3. All plant species chosen shall be t th bsize~e uirementsnn the followingltable proposed environment and shall mee q Plants used for screening purposes shall be planted in accordance with the on- center requirements of the tabl n ed wi hin a buf ar yard to achieve the lintent of required landscaping shall be arra g this section. Size/Spacing/Nui-nber/Minimums Screening & Spacing Hei ht At Plantin Final Hei ht Requirements 24„ 6' minimum 5' on center Evergreen/deciduousshrubs 5' 15' minimum 15' on center Small evergreen trees 20' on center 6_g~ 50' minimum Large evergreen trees 15' on center 1 `/2" caliper 15' minimum Small deciduous trees 30' on center 1 '/2" caliper 50' minimum Large deciduous trees ~E) Protection and Preservation Methods 4. Vegetation designated for protection and/or prese~ Lion disturbance too the root protection zone which establishes limits of const area of designated plant material. All protection zones and measures shall be established to the satisfaction e inst 1 ed the per meter of all~pr to t on zones n, plastic or wood fencing shall b Vegetation of specimen quality~e comlleteslrotection/preslervationue: Provide extraordinary measures to ensu p P *Type of material sped cl~ al fabr c materoials a e notlacdceptable forsuselas erosion control, or geote vegetation protection. 2, Areas designated for pstruction eraod by actin st includang, but not 1 mited throughout the entire con p to: Placing, storing, or stockpiling baclcfill 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. November 13, 2001 669 TYPE OPTION 1 (Large Buffer, Minimal ~andsOcaping/Sicrelenirig)ffer With More Landscaping) A B C D 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 sluubs and a row of deciduous shrubs 50' buffer Large and small trees One row of deciduous shnibs 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' 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 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. (C) Parking Areas 1. New parking areas shall include landscaped medians, peninsulas or planters that are planned, a d d fine and separate parking areas and aislescilitate storm water management, 2. Each landscaped area shall be planted with large deciduous trees with a minimum caliper of one and one half (1 '/2") inches at the time of planting in accordance with Section 30-92-3(C). November 13, 2001 671 refuse service areas, outdoor storage areas, mech ~nical equipment, etc.) related to do not apply toward Crown Coverage allowancerraequdo not apply toward Crown 4. Groundcovers, perennial plantings, or turf g Coverage allowance requirements. (g) Additional Screening Requirements 1. All refuse service (dumpsters/containe and nd outdoor storage areas in all zoning views. In addition, ground level districts shall be screened from Burro g mechanical equipment shall be screened or landscaped. 2. Commercial and industrial use types shah screen frpom surrounding views al ' ained re aired, processed, erected, articles and materials being stored, main fabricated, dismantled, or salvaged. Articles and maeeruirement able for retail sale by a commercial use type shall be exempt fro q 2. That this ordina erv's r1M nnixf tocadopt the ordinance 5 a d carried by the following On motion of Sup recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson 5 ge_ cond readin of ordi_Ce to amend the Ro_a= Count Zonin Ordinance,. Se= 30-23, Non-Conformina Uses and Stru=res upon the eta ition of the Ro=e Count Plannin Commission. Janet Scheid. Chief Planner 0-111301-11 Ms. Scheid advised that at their September 25 meeting, the Roanoke County Board of Supervisors asked staff to review a situation involving a non- formin residential use located in an industrial zoning district. Citizens on Country con g arm Road were attempting to sell their home and the potential purchaser was having F ~ ordinance difficulty obtaining financing due to the non-conforming use. The zoning ribes nonconforming use as structures, land uses, or characteristics of properties desc ere lawful before the adoption of the ordinance, but which would be prohibited which w the terms of the current ordinances. They are permitted to remain until removed, under ` November 13, 2001 673 permitted in the district regulations, or; 3, The buildings and tiontures containing the nonconforming use are maintained in their then structural c , r ~_~J ." ~, ~t**7k (E) Where nonconforming use status applies to a building or structure, removal of the building or structure, shall eliminate the nonconforming status of the building or structu *e or land. Sec. 30-23-3. Nonconforming Buildings and Structures. (A) Where a lawful~bcod~ndg of be bu It under the terms of thi pord nan~e amendment of this ordinance, whic ards, or other by reason of restrictions on area, bulk, lot coverage, height, such building or characteristics of the b ed Aso Ion sas t rema~nslotherw se lawful protvided: structure may be contin g wa which 1, No building or structure shall be enlarged in any y increases or extends its nonconformity. ,_ _~, ~.~ ~2. Any building or structur u at ons Ifo the district n which t ~s located distance, shall thereafter conform to the reg after it is moved. 2. That this or dir aisoe N ckebs to adopt the ord~idnantce,~tanda cadged by On motion of S p the following recorded vote: AYES:' SupervNone McNamara, Church, Nickens, Minnix NAYS: ABSENT: Supervisor Johnson 6, Second readin of ordinance acc~ an offer for and authorizing the sale of ro ert located at 400 East Main Street, Salem, Vir inia Salem Office Supply Buildin _ C~ of Salem Tax Map No. 107-6-1 . Anne Marie Green, Dir= of General Services 0-111301-12 Ms. Green reported that this was the second reading of a proposed ' November 13, 2001 67 5 Accept one of the offers for the sale of the property and approve the second reading of this ordinance; authorizing the execution of the necessary documents to consummate this transaction. While the County wi{I receive payment from this alternative, it will not equal the amount already invested in the property. Ms Green recommended that the Board approve alternative #1 at this time. Supervisor Nickens moved to approve alternative #1, reject all offers and direct staff to research the options currently available more fully. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson ORDINANCE 111111 gUTHORIZING THEO SA ES OF PROPERTY LOCATED AT 400 EAST MATAX MAP NO 07E6-1)VIRGINIA (SALEM OFFICE SUPPLY BUILDING BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant t~ t hap been dec~ared toobe16 Opl of tand has been Roanoke County, the subject prope y made available for sale; and 2. That the public nothe Roanoke Time P&bWorld News ontOct ber 9, this surplus property was advertised in 2001 and October 16, 2001; and 3. That pursuant to the prf c ~ hearir°f of th sn ordi~anocethwas hheldr on Roanoke County, a first reading and pub g October 23, 2001; and the second reading oof tho erdi jocated at 400 East Ma n Street, 2001, concerning the sale and dispositio p p Y Salem, Virginia, Tax Map No. 107-6-1, known as the "Salem Office Supply" building; and ~__._i'_4 L f November 13, 2001 677 Supervisor Church: (1) He thanked 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) He 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. He asked Mr. Hodge to work with the Airport staff to find a way for people to see the airplanes landing and taking off. (3) He wished his granddaughter a happy birthday. Supervisor Minnix: He received a list of people who have made generous donations to Clearbrook Elementary School and he plans to write 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. IN RE: WORK SESSIONS 1. Work Session to review proposed changes to Roanoke Count Zonin Ordinance, Screening,. Landscaping, and Buffer Yards. Janet Scheid, Chief Planner The work session was held from 8:35 p.m. until 8:40 p.m. and was presented by Janet Scheid and Chris Lowe. These amendments were made at the request of the Planning Commission to provide more flexibility to both the development and the nursery provider in the placement of landscaping. A public hearing on the proposed changes was scheduled for the evening session. 2. Budget Work Sessions to review: ~ Overview Elmer Hodge" Count Administrator) Results of Count operations for the year ended June 30, 2001 Danial Morris, Finance Director November 13, 2001 679 1. Request for appropriation as a result of operations for the xear ended June 30, 2001. Dania) Morris, Finance Director A-111301-6 This item was discussed and action taken after the work session. Mr. Morris reported that the surplus after pre-approved expenditures and loans was $1,026,790. The approved departmental rollovers total $113,194 which leaves a net department expenditure savings of $144,301 which should be appropriated to the Capital Fund Unappropriated Balance. The remaining net increase should be appropriated to the General Fund Unappropriated Balance. Supervisor McNamara moved to approve the appropriations. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson 2. Authorization for the Count Administrator to execute such documents as may be necessary to release Roanoke Count and Advance Store Com~any, Inc. from obligations related to the Advance Headquarters expansion ro'ect. Elmer Hodge, Count Administrator) A-111301-7 Mr. Hodge advised that 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 November 13, 2001 AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson IN RE: FIRST READING OF ORDINANCES 681 1. First readin of ordinance authorizing the conv~ance of approximately 30 acres of Count-owned ro ert located at the Center of Research and Technology to the Industrial Development Authority. Dou las Chittum, Economic Development Director Mr. Chittum advised that Roanoke County typically utilizes the powers and services of the Industrial Development Authority to assist with Economic Development projects. The Economic Development Department 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. Mr. Chittum reported that the IDA met last week and will bring back the details to the meeting in December. Mr. Chittum requested 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. Supervisor McNamara moved to approve the first reading and set the second reading for December 4, 2001. The motion carried by the following recorded November 13, 2001 683 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 IN RE: ADJOURNMENT Chairman Minnix moved to adjourn the meeting at 9:53 p.m. The motion carried by a unanimous voice vote with Supervisor Johnson absent. Submitted by, Mary H. Allen, CMC Clerk to the Board Approved by, H. Odell Minnix Chairman December 4, 2001 685 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 4, 2001 The Board of Supervisors of Roanoke County, Virginia, rnet this day at the Roanoke County Administration Center, this being the first Tuesday and the first regularly scheduled meeting of the month of December, 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: Elmer C. Hodge, County Administrator; Paul M Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan R. O'Donnell, Assistant County Administrator; Kathi B. Scearce, Community Relations Director IN RE: OPENING CEREMONIES The invocation was given by Gardner W. Smith, Director, Purchasing Department. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS December 4, 200'! V ~7 Roanoke County, Virginia, extends its sincere congratulations to Cox Communications, Inc. on its 25th anniversary in the Roanoke Valley; and FURTHER, the Board of Supervisors expresses its appreciation to Cox for being an outstanding corporate citizen and providing employment to many residents in the Roanoke Valley. 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 IN RE: BRIEFINGS 1. Briefin on the National Softball Association Girls Fast Pitch Softball Class B World Series to be held in the Roanoke Valley on July 13-20, 2002.(Pete Haisli Director of Parks, Recreation and Tourism Mr. Haislip advised that he was pleased to report that Roanoke County is part of a partnership with the Cities of Salem and Roanoke which will host the 2002 N.S.A. Girls Fast Pitch Class B World Series. This event, scheduled for July 14-20, 2002, is probably the largest single sporting event in the history of the Roanoke Valley and will bring millions of dollars of economic activity to the Valley. Mr. Haislip reported that it is anticipated that 300 teams from the eastern United States will be participating, requiring a minimum of 3,000 hotel rooms per night, for the first four days of the tournament alone. It is also projected that this tournament will book in excess of 12,000 hotel room nights. Valley restaurants, gas stations, grocery stores, shopping centers, and cultural attractions will receive a tremendous boost from the event. Also present were Charlie Hammersley, City of Salem and Vic Garber, City of Roanoke who are also involved in planning the event. The Board members expressed appreciation to the three localities and their regional approach to the event. December 4, 2001 689 consists of representatives from schools, social services agencies, police, court services, public health, County Administration, parents and students. To date the CSPC has secured grant funds totaling $359,310 to implement a new substance abuse prevention strategy within Roanoke County. The mission statement of the Community /School Prevention Council is to foster the healthy development of Roanoke County Youth through: (1) Raising community awareness of and addressing the social, mental, and health needs of its youth; (2) Implementing programs that foster responsible parenting skills; (3) Providing avenues for positive character development for youth; (4) Comprehensively and efficiently collaborating with Roanoke Valley agencies; (5) Preventing substance abuse in our community; and (6) Advocating inter-agency collaboration in establishing a comprehensive prevention strategy. Mr. O'Donnell reported that the grant funding will not pass through the County's budget and Blue Ridge Behavioral Health Care has agreed to act as fiscal agent. Mr. O'Donnell introduced Jo Anne Burkholder, Student Assistance Program Coordinator, Janet Shaner and John Pendarvis who described the program in more detail. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 120401-2 IN SUPPORT OF THE ROANOKE COUNTY COMMUNITY SCHOOL PREVENTION COUNCIL IN ITS EFFORTS TO PROVIDE SUBSTANCE ABUSE PREVENTION PROGRAMS TO THE YOUTH OF ROANOKE COUNTY December 4, 2001 691 commercial rate of $55/ton. The Rescue Mission has asked for assistance with reducing the cost of disposing of the remaining items. The Rescue Mission is currently bringing approximately 242 tons of unusable waste to the Resource Authority each year. Staff discussions with the Rescue Mission indicate that this is a 50% recycling effort, thereby diverting another 242 tons from our landfill. The Resource Authority Board of Directors agreed in principal to support this request, and asked Roanoke County to provide the administrative assistance for the program. Qualifying agencies will take leftover materials to the Transfer Station, and the County will then be billed at the government rate for the tonnage. The County will, in turn, bill the agency at that rate, thus saving the agency $13/ton at the current rates. This will reduce the income to the Resource Authority, but it is not anticipated to be a significant amount. Mr. Hodge advised that the County staff would like to implement this program, and establish criteria for participation by other similar organizations. These criteria would include the following: (1) The agency would provide a service that diverted and recycled residential waste. (2) The agency would have a way to collect the donations, thus avoiding collection by the County refuse department; and (3) There would be a sufficient volume of tonnage diverted from the waste stream to make the contract feasible. In response to an inquiry from Supervisor McNamara, General Services Director Anne Marie Green advised that the John Hubbard, CEO of the Resource Authority provided the tonnage figures from a local hauler. Supervisor McNamara emphasized caution because of possible abuse and suggested that this be reevaluated December 4, 2001 693 Supervisor Church moved to approve the first reading and set the second reading for December 18, 2001. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 2. First readin of ordinance authorizinct the donation of an easement to Cox Communication for Cable TV and internet service in the Bent Mountain area. Anne Marie Green, General Services Director Ms. Green reported that Cox Communications is extending cable and internet service to homes in the Bent Mountain area. In order to make this extension, Cox requires space for a ground mount power supply in the vicinity. Based on Cox's research in the area, the best place for the power supply is at the intersection of Bent Mountain and Slings Gap Roads, on County property at the Bent Mountain Fire Station. This new service for the Bent Mountain area will allow the Bent Mountain Fire Station and the Bent Mountain School to have cable television and cable modem internet access for the first time. The easement area needed for the power supply is 10 feet x 10 feet and will not impede Fire and Rescue operations at the Station. Cox is requesting that the County donate this easement to the company so that the service to the citizens of Bent Mountain can be improved. Ms. Green advised that there is no fiscal impact to the County, and both the Fire Station and Elementary School will receive free cable hookups, as per the terms of our franchise agreement with Cox Communications. December 4, 2001 695 Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None ORDINANCE 120401-4 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: 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 is hereby made available to the Roanoke County Industrial Development Authority for other public uses, namely, economic development. 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 December 2, 2001; and 3. 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. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: December 4, 2001 697 NAYS: None ABSTAIN: Supervisor Johnson RESOLUTION 120401-5 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 December 4, 2001, designated as Item I -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. Confirmation of Committee appointments to the Industrial Development Authority, the Roanoke Valley Resource Authority and ratification of at-large appointment to the Blue Ridge Behavioral Healthcare Board of Directors. 2. Appropriation of $50,000 Virginia Department of Conservation and Recreation and Land and Water Conservation grant for the North Roanoke Park. 3. Approval to accept and appropriate $1,000 donation from the Salem Jaycees for the Police Youth Camp. 4. Approval of Procedures for the preservation of the Board of Supervisors records and providing information to the Board of Supervisors, the public and the staff. 5. Acceptance of Split Rail Lane into the Virginia Department of Transportation Secondary System. 6. Acceptance of $8,000 grant from the Department of Motor Vehicles for targeted patrols of impaired drivers. 7. Acceptance of donation of sanitary sewer easement across property of Old Heritage Corporation in the Cave Spring Magisterial District. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Minnix to adopt the Consent Resolution with Item 7 removed for a separate vote, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None _ December 4, 2001 ~99 Supervisor Johnson suggested looking at a refinancing schedule because of the lower interest rates. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital. Reserve 5. Accounts Paid _ October 2001 6. Update on EMS billin and staffin since November 1 2001. 7. Acceptance of roads into the Virginia Department of Transportation Secondary System in October 2001. 8. Report on Clean Valley Council activities in November IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Johnson: (1) He noted that everyone is dealing with the day- to-day affects of the recession and stock market, but fortunately, the Roanoke Valley does not suffer the highs and lows of other localities. (2) He expressed concern about the billion dollar state deficit due to the car tax and challenged the Board to minimize December 4, 2001 '701 increasing the tire tax and authorizing its use to remediate illegal or abandoned waste tire dumps, and support for an additional one-half percent local option sales tax. The revised resolution will be brought back on the Consent Agenda on December 18, 2001. 2. Work Session on the Roanoke Va11ey SPCA contract. John Chambliss, Assistant Count Administrator) The work session was held from 4:55 p.m. until 5:40 p.m. Mr. Chambliss described the details of the proposed contract which would include the City of Roanoke, the Counties of Roanoke and Botetourt and the Town of Vinton. Supervisor McNamara asked why the new facility needed to be so much larger than the old one and why the localities didn't own the facility at the end of the loan instead of the SPCA. Supervisor Minnix expressed concern that so many animals are not being spayed or neutered. Dr. Bridget Quatmann, veterinarian with the Roanoke Animal Hospital, explained that the pound will not be offering the animals for adoption, that will be handled by the SPCA, and that the facility will include spaying and neutering through area agencies. The pound will be used by Animal Control officers and the SPCA will be the adoption facility. The total cost of the impoundment facility is estimated at $3.5 million and the operating cost for the first year is estimated at $478,618 and will be shared by the participating localities. December 4, 2001 7~3 RESOLUTION 120401-6 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 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 Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: NEW BUSINESS 1. Request to appropriate funds for facilities security upgrades. Dan O'Donnell, Assistant Count Administrator) A-120401-7 Mr. O'Donnell advised that staff is requesting an appropriation of $60,000 from the Capital Fund Unappropriated Balance for security upgrades. The details of the security upgrades were discussed in Closed Meeting. Supervisor Johnson moved to appropriate $60,000 from the Capital Unappropriated Fund. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None Y December 4, 2001 705 Mr. Hodge reported that the project will be completed in three phases. Phase I includes construction of the administration, research and development facility on the property. Phase II will be the construction of manufacturing space and phase III will full develop the property. Supervisor Johnson asked if there are any deed restrictions and if they will prevent Novozymes from developing anthrax or other such biomedical activities. Mr. Mahoney responded that there were restriction and he will check whether they include hazardous activities. Mr. Hodge requested authorization to execute a Performance Agreement between Roanoke County, the Industrial Development Authority of Roanoke County and~Novozymes Biologicals, Inc., allowing for Novozymes expansion in the Center for Research and Technology, and appropriate $220,574 from the Public Private Partnership Account to the IDA/Novozymes Account to be used for water and sewer connection fees. Supervisor Church moved to approve performance agreement and appropriate $220,574 from the public private partnership account. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 4. Request for infrastructure improvements on Route 220, at Clearbrook Elementary School and the Clearbrook Fire Station. Elmer C. Hodge, County Administrator) A-120401-10 December 4, 2001 707 Supervisor Church moved to adjourn at 7:50 p.m. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None Submitted by, Approved by, Mary H. Allen, CMC H. Odell Minnix Clerk to the Board Chairman r f January 2, 2002 Roanoke County Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive S. W. Roanoke, Virginia 24018 January 2, 2002 1 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the organizational meeting and the 2nd day of January, 2002. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 9:03 a.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice Chairman Joseph B. "Butch" Church; Supervisors Richard C. Flora, Joseph P. McNamara, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan R. O'Donnell, Assistant County Administrator IN RE: OPENING CEREMONIES The invocation was given by Supervisor Nickens. The Pledge of Allegiance was recited by all present. l January 2, 2002 3 3. Resolution establishing the Schedule for Board Meetinas in 2002. R-010202-1 Supervisor Nickens moved to adopt the resolution establishing the meeting schedule for 2002. The motion carried by the following recorded vofie: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 010202-1 ESTABLISHING A MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 2002 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That for calendar year 2002, the regular meetings of the Board of Supervisors of Roanoke County, Virginia, are set forth below with public hearings scheduled for 7:00 p.m. unless otherwise advertised. Tuesday, January 8, 2002, at 3:00 p.m. Tuesday, January 22, 2002, at 3:00 p.m. and 7:00 p.m. Tuesday, February 12, 2002, at 3:00 p.m. Tuesday, February 26, 2002, at 3:00 p.m. and 7:00 p.rn. Tuesday, March 12, 2002, at 3:00 p.m. Tuesday, March 26, 2002, at 3:00 p.m. and 7:00 p.m. Tuesday, April 9, 2002, at 3:00 p.m. Tuesday, April 23, 2002, at 3:00 p.m. and 7:00 p.m. Tuesday, May 14, 2002, at 3:00 p.m. Tuesday, May 28, 2002, at 3:00 p.m. and 7:00 p.m. Tuesday, June 11, 2002, at 3:00 p.m. Tuesday, June 25, 2002, at 3:00 p.m. and 7:00 p.m. January 2, 2002 5 The meeting was held from 9:40 a.m. to 10:30 a.m. Present were Senators Malfourd W. "Bo" Trumbo (arrived at 9:50 a.m.) and John S. Edwards, and Delegates H. Morgan Griffith, Clifton "Chip" Woodrum, and A. Victor Thomas. Chairman Church welcomed the legislators and thanked them for attending the meeting. Mr. Mahoney presented the legislative resolution and advised they had narrowed the issues to those that were most significant to Roanoke County. The first three are funding issues and the fourth request is to grant local governments the option to create civil penalties for some zoning violations such as junked vehicles and high weeds, because judges do not want to impose criminal penalties for these types of violations. Mr. Mahoney also presented a summary from VML of Governor Gilmore's proposed budget. Supervisor Church asked for an overview of what the County may receive from the state budget. Delegate Griffith advised that the House and Senate will work together to make sure gridlock does not happen again this year. They have looked at Governor Gilmore's budget and will look atGovernor-elect Warner's budget, but the figures will probably fluctuate until the middle of January. Delegate Thomas expressed concern about taking funding away from the Game and Inland Fisheries and funding for autism which have not been addressed. Senator Edwards reported that they have less money than last year and the figures may even go lower. He expects there will be no new initiatives this year. He hopes there will be some funding available for the cultural organizations. Senator Edwards advised they could get up to $1 billion in bonds for higher education and could get $900 million from the "Rainy Day" fund. NAYS: None Submitted by: Mary H. Allen, CMC Clerk to the Board January 2, 2002 Approved by: Joseph "Butch" Church Chairman 7 .~ A-022602-4.a ACTION NO. .~. ITEM NUMBER ~~ AT A REGULAR MEE"PING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 26, 2002 AGENDA ITEM: Confirmation of Committee Appointments to the Grievance Panel and League of Older Americans Advisory Council COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION At the February 12, 2002, meeting, the following nominations were made: GRIEVANCE PANEL as an alternate Supervisor Church nominated Joann Thompson toserve athree-year terrr~vhich will expire October 31, 2004. LEAGUE OF OLDER AMERICANS ADVISORY COUNCIL Supervisor Church nominated Beverly Eyerly to serve cone-year term which will expire March 31, 2003 STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed. Submitted by: Mary H. Allen CMC Clerk to the Board Approved by, L~~~ Elmer C. Hodge County Administrator 1 rt ACTION VOTE No Yes Abs Approved (x) Motion by: Joseph McNamara to approve Church _ x _ Denied () Flora _ x _ Received () McNamara- x _ Referred () Minnix _ x _ To () Nickens _ x _ cc: File Grievance Panel File League of Older Americans Advisory Committee File 2 A-022602-4. b ACTION NO. .~ ITEM NUMBER: J ~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: February 26, 2002 AGENDA ITEM: Acceptance of $1,500 Youth Awareness of Impaired Drivers Grant from Department of Motor Vehicles to purchase fatal vision goggles for use by School Resource Officers COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke County Police Department has School Resource Officers assigned to the high schools in Roanoke County. The School Resource Officers are planning to teach classes in the high schools during the spring term of 2002 about alcohol use and impaired driving. School officers will use the fatal vision goggles to simulate the effects of intoxicants on the students and allow the students to experience first hand the effects of intoxicants on motor skills and the ability of the student to perform tasks while intoxicated. The use of the goggles will allow the School Resource Officer to supply information to the students about the hazards of intoxicated driving and of being intoxicated in an interactive manner. SUMMARY OF INFORMATION: The Police Department wants to purchase two sets of fatal vision goggles. The fatal vision goggles will be issued to School Resource Officers who are teaching classes about alcohol and intoxicated driving in the Roanoke County High Schools. Budget constraints do not allow the purchase of the fatal vision goggles without additional DMV grant funding. FISCAL IMPACT: The DMV has provided $1,500.00 in grant funds with no matching funds required. The grant period runs between January 2002 and September 2002. ~' - 3 STAFF RECOMMENDATION: The staff recommends acceptance of the DMV grant for $1,500.00 SUBMITTED BY: Ray Lavinder Chief of Police -------------------- Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) AP~`PR~OVED: / ~~-~,'''^' J/ Elmer Hodge County Administrator ACTION VOTE No Yes Abs Motion by: Joseph McNamara to approve Church _ x Flora _ x _ McNamara- x _ Minnix _ x _ Nickens x cc: File Ray Lavinder, Chief of Police Dania) Morris, Director, Finance 2 .. .~ A-022602-4 . c ACTION NO. ITEM NUMBER: "" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AT THE ROANOKE COUNTY ADMINISTRATIVE CENTER MEETING DATE: February 26, 2002 AGENDA ITEM: Acceptance of $1,500 Highway Safety Trailer Grant from Department of Motor Vehicles to purchase highway safety trailer by the Police Department COUNTY ADMINISTRATOR'S COMMENTS: ~ ~~ BACKGROUND: The Roanoke County Police Department conducts DUI checkpoints and child safety seat inspections on a regular basis. To conduct either type of operation requires the transport of a large amount of equipment, such as cones, signs, and child safety seats. In the past, the Police Department has experienced difficulty in transporting the equipment necessary for these operations. SUMMARY OF INFORMATION: The Police Department wants to purchase an enclosed, weather tight 5' x 8' trailer in which to transport equipment necessary for DUI checkpoints and child safety seat inspections. The highway safety trailer will be marked with Roanoke County Police decals, and have safety and emergency lights. Budget constraints do not allow for the purchase of the highway safety trailer without additional DMV grant funding. FISCAL IMPACT: The DMV has provided $1,500.00 in grant funds with no matching funds required. The grant period runs between January 2002 and September 2002. STAFF RECOMMENDATION: •~ r i_ `~~ ~` ~ The staff recommends acceptance of the DMV grant for $1,500.00. SUBMITTED BY: APPROV Chief of Police County Administrator Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION VOTE No Yes Abs Motion by: Joseph McNamara to approve Church _ x Flora _ x _ McNamara- x Minnix _ x _ Nickens _ x _ cc: File Ray Lavinder, Chief of Police Danial Morris, Director, Finance A-022602-4 . d 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: February 26, 2002 AGENDA ITEM: Request to Accept $25,000 Quality Initiative Day Care Grant by the Department of Social Services COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The first Quality Initiative Day Care Grant was received in FY 98-99. The department submits a yearly funding request for continuation of funds and we were selected again this year to receive these funds. Funds are designated by the state for improved quality of life for children. SUMMARY OF INFORMATION: Child eligibility for these grant funds is based on family income. Funds are available for entry and activity fees in child care facilities, gym suit fees, school supplies, lice prevention, etc. Two scholarships are awarded yearly to high school graduates who are going to college to pursue study in early childhood education. A part-time child care provider and on site day care room is funded at the Social Services Department for children whose parents are applying for benefits or services, participating in job training, applications and interviews, or going to counseling. The Department of Social Services cannot access these State funds until the County has appropriated the same. The Board of Supervisors is requested to appropriate $25,000 to the Social Services budget and to appropriate same revenue from the State. FISCAL IMPACT: No fiscal impact; 100% state funds ~ • r. a ,/ STAFF RECOMMENDATION: Staff recommends appropriation of $25,000 to the 01/02 Social Services budget for the Quality Initiative Day Care Grant, and to appropriate same revenue from the State. Respectfully Submitted by Betty R. McCrary, Ph.D. Director of Social Services ACTION Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Approved by: Ci~'~~- Elmer C. Hod e County Administrator Motion by: Joseph McNamara to approve cc: File Betty McCrary, Director, Social Services Danial Morris, Director, Finance Lisa Ward Brent Robertson John Chambliss VOTE No Yes Abs Church _ x _ Flora _ x _ McNamara- x _ Minnix _ x _ Nickens x A-022602 4.e ACTION # ITEM NUMBER MEETING DATE: February 26, 2002 AGENDA ITEM: Acceptance of $2,717 Carl Perkins Entitlement Supplement from Department of Education for career and technical education. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Virginia Department of Education provides Roanoke County Schools with an annual Carl Perkins entitlement for Career and Technical Education. The Department of Education has notified Roanoke County Schools that it will receive a supplement to its entitlement from funds unexpended by other school divisions for the 2000-2001 school year. SUMMARY OF INFORMATION: The supplement for Roanoke County Schools was $2,717. FISCAL IMPACT: None, no local matching required. STAFF RECOMMENDATION: Staff recommends appropriation of the $2,717 for Career and Technical Education. ~~ ~~ Signa ure Mr. Roger Johnson Career, Technical and Adult Education Administrator ACTION Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ~ ~~ Signature Elmer C. Hodge County Administrator Motion by: Joseph McNamara to approve VOTE No Yes Abs Church _ x _ Flora _ x _ McNamara- x Minnix _ x Nickens _ x _ cc: File Roger Johnson, Career, Technical and Adult Education Administrator Danial Morris, Director, Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board 1 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: February 26 2002 AGENDA ITEM: Request for a work session Requirements. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In January of last year, the Board of Supervisors directed staff to engage a consultant to prepare an "Action Plan Report" for the National Pollutant Discharge Elimination System (NPDES), Phase II. The County of Roanoke and the Town of Vinton subsequently hired AMEC Earth & Environmental to prepare the report for the purpose of identifying what actions need to be taken to comply with this federal mandate for stormwater quality under the Clean Water Act by March 2003. AMEC and staff will present the findings of the report to the Board at the scheduled work session. STAFF RECOMMENDATION: Staff requests the Board to authorize a work session, as stated above, for the March 12, 2002 meeting. SUBMITTED BY: Stormwater Phase II, NPDES APPROVED BY: ~~L ~ r :~ George .Simpson, III, P.E., Assistant Director Elmer C. Hodge Department of Community Development County Administrator 1 ACTION Approved ()Motion by: Denied ( ) Received ( ) Referred ( ) To ( ) VOTE Church Flora McNamara Minnix Nickens No Yes Abs AGENDA ITEM~.~ APPEARANCE REQUEST PUBLIC HEARING ORDINANCE !~ CITIZEN COMMENTS SUBJECT: ~~~ % ~~"~ • ~OJ~cl~f ~i~2D ~s~ ~~~~7 I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / 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: ,~~~G rLl~/4 ~ ADDRESS: ~f/ 2 ~ ~~~DD~ ~ fZ/(J~ PHONE: ~¢~I77~ ~ ~3 2 v r ~~.. ~J±_ ,T~. Y~,.. ~.: ~T, lat. r I4ai~ WhaYs newv: ~r~yie~ua` Tentative and. upcoming tournament datres: Front Ofl9ce Important money matters. You're Outta' Here Rule definitions. The Box Score Stat terminology. 7`" Innfir-g Stretch News >~ events you rr-ay have missed. ' Farce facts Fun trivia contest. Doing >rour Best Is BeiCter Than Being the Best, The. Cave Spring Force AAU Baseball Club allow players an environment and means to enhance their baseball skills in a more competitive arena, utilizing truer "baseball- like" strategies learned in a safe, fun and energetic instructional atmosphere. The Cave Spring Force AAU Baseball Club 5622 Warwood Drive Roanoke, VA 24018 540/774-4322 540/989-8294 email: force@cox.net EIN #31-18115518, a 501(c)(3) non-profit VA corporation. © 2002, all rights reserved. AAU shield and logo ®trademark of AAU USA The Focus In the Dugout Meet your Force staff & players. Manager Mike Walters, 42, inspired to take local baseball to a higher level -founded the Force in July 2001. Walters has coached state level baseball in the past. Mike has coached the Little League All Stars, winning District in '94, '95 and '96, and competed in State Tournaments in '95, '96 and '97. Mike has also coached various divisions of boys recreation basketball and soccer. Mike is a Roanoke area native. Mike and his wife, Tammy, have two children, Force player Camden W. and Mary Grace. Mike also has two older sons, Jamie and Pat. Mike is a project manager for VDOT and operates a landscape business. Administrator/Assistant Manager Craig Hodge, 41, and Mike have worked together before. Before the Force, they coached a youth soccer team and one season of Little League together. They combine talents to form the Force. ' Craig has coached various ~ ~ ' ~ ~ sports -soccer, boys and girls' basketball and baseball. Craig grew up in Syracuse, NY but Roanoke has been his home for nearly 20 years. He and his wife, Penny, have two children -Courtney (14) and Force player Camden H. (9). Craig is an avid Cleveland Browns fan, a blues music enthusiast and collector, and enjoys cooking. He operates CS Hodge, LLC - a Lawn & Garden and Agricultural Industries Supply Chain Consulting business. Treasurer/Coach Bob Wagstaff, 43, has coached baseball, girls' softball and basketball. He grew up in Winston-Salem, North Carolina and moved to Roanoke in 1987. Bob and his wife, Sherry, have four children -Laura (14), Sarah (12), Force player Will W. (9) and David (5). Bob is an actuary for Shenandoah Life and directs product development. Coach Tom Porter, 38, grew up in Northern Virginia and has lived in Roanoke since 1983. Tom, along with Mike and Craig, was instrumental in forming the Force. Tom has coached three years of Little League baseball, played high school ball and has played on several different softball teams. Tom and his wife, Traci, have two children, Force player Thomas (10) and Amber (6). Tom owns Tom Porter Ceramics Tile Company and enjoys hunting and spending time at the Outer Banks. Outside the Park What's new. Trophies Sent To Reds. The Force recently arranged for trophies to be made and sent to the Richmond Reds player and coaches. The Reds took top honors at the recent Salem Tournament, but were not presented with trophies by tournament directors. In a gesture of goodwill, the club purchased engraved trophies for the Reds. Reds Manager, Mike Kluver was very appreciative of our thoughtfulness. Holiday Cards Sent. The Force sent Holiday wishes to each of our financial contributors. See Front Ohrce for list of 2001 contributors. New Uniforms. The Force recently unveiled its new look. Vendors are being evaluated and purchases will be made in time for our 2002 season. Sign Your Forms. Parents are reminded to read, sign and return your Force Philosophy forms quickly. We Need Your Photos. Parents, if you have taken photos of your son or the Force during any Force event we'd like to use them. Photos may be used on the website or in this publication. 26 February 2002 Board of Supervisors Roanoke County, VA RE: County Field Use Dear Mr. Supervisors: I'm writing you today on behalf of the Cave Spring Force AAU Baseball Club to voice our concern with the County's practice of prohibiting organized teams from using county park facilities during the months of November, December January, February and March. This policy came to my attention as I inquired with County staff as to the procedures of securing practice times and places during the upcoming busy recreational league season. It is ironic that in my quest to learn the means to use facilities during busy times, I discover a policy that bars our using a facility during slower times. I am told that this policy is in place to allow fields a rest and recuperation time. I don't fault that practice -just the performance. If indeed it is the desire of the County to allow fields a fallow time -then, and justly so, these facilities should be off limits to all and not discriminating "organized" teams, as is your policy today. But, given that, we offer a plan of action. Roanoke County has at least 60 baseball diamonds spread throughout 19 of the county's 22 parks. Several of these fields are logically off limits as they are protected by turf blankets, locked or marked with no-trespassing signs. I hope it is understood that we are not interested in access to these fields whatsoever. Our appeal is being allowed to instruct baseball on an unencumbered baseball diamond. Currently all 60 diamonds are off-limits to organized teams for 5 months. We would suggest that 3 to 5 locations be left open on a rotating basis each of those 5 months. For instance, 3 fields be open for use in November, 3 different facilities being reopened and allowed for use in December-and then closed, 3 different fields being allowed for use in January, etc. This plan allows for 60% or more of your facilities to get your desired 5 months rest, while the remaining 40% of the fields are rested for at least 4 months -closed for 1/3 of the whole year. 1 am, of course, speaking on behalf of my organization - a youth baseball team -however, it is Parks and Recreations belief that if this is done for one - it must be done for all. And that, gentlemen, is exactly what this is all about. If your facilities are off limits to my Roanoke County boys for 5 months -then they should also be off limits to all Roanoke County boys, girls, men and women. Chain them up, lock them tight, post them as "No Trespassing" and keep them off your fields -because that is what your doing to us. With a rotating schedule as I've outlined you're well on your way to eliminating cries of "foul" and opening up our facilities to all. Gentlemen, I respectfully request that you consider our proposal for a most logical resolution and issue a directive to Mr. Hodge and staff to commence with an equitable plan immediately. Best regards, ___--- Craig Hodge email: fordc~r.net L~ X31 ~811561d, , a~1{c~3j ~rpro~t vh m~porana,. ~a t. • ~ GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA of General Amount Fund Revenues Audited Balance at June 30, 2001 $8,572,589 6.80% July 24, 2001 Appropriation to the VRFA -Explore Park ($100,000) July 24, 2001 Loan to VRFA -Explore Park (250,000) Nov 13, 2001 Release of Funds from Advance Auto Agreement 937,329 Balance at February 26, 2002 $9,159,918 7.2 Changes below this line are for information and planning purposes only. Balance from above $9,159,918 $9,159,918 7.27 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 Morris Director of Finance Appr d By,~ o~~ Elmer C. Hodge County Administrator -~~ CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Audited balance at June 30, 2001 Nov 13, 2001 Transfer from Department Savings 2000-01 Aug 6,2001 Lloyd Property Settlement Proceeds Aug 14, 2001 Solid Waste Collection Canisters ep 11, 2001 Mason Cove Fire/Rescue Station Septic System Dec 4, 2001 Facility Security Upgrades Dec 4, 2001 Infrastructure Improvements, Rt. 220 Clearbrook Balance at February 26, 2002 Respectfully Submitted, Danial Morris Director of Finance Apr edB, Elmer C. Hodge County Administrator Amount 656,424.43 144,301. 984,000. (42,000.00) (40,000.00) (60,000.00) (300,000.00) $1,342,725.43 n-s RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2001-2002 Original Budget $100,000. August 28, 2001 Citizen Satisfaction Survey (12,000.00) September 25, 2001 RV Employers of People with Disabilities Awards (1,000.00) February 12, 2002 Catawba Community Center Lead Paint Abatement (12,000.00) Balance at February 26, 2002 $75 Respectfully Submitted, Danial Morris Director of Finance Appro ed By, / ~~ ~ ~~ Elmer C. Hodge County Administrator N~~~ FUTURE SCHOOL CAPITAL RESERVE COUNTY OF ROANOKE, VIRGINIA Savings from 1996-1997 debt budget $670,000.00 Transfer from County Capital Projects Fund 1,113,043.00 FY1997-1998 Original budget appropriation 2,000,000.00 June 23, 1998 Savings from 1997-1998 debt fund 321,772.00 FY1998-1999 Original budget appropriation 2,000,000.00 FY1999-2000 Original budget appropriation 2,000,000 Less increase in debt service (1,219,855) 780,145.00 Nov 9, 1999 Savings from 1998-1999 debt fund 495,363.00 FY2000-2001 Original budget appropriation 2,000,000 Less increase in debt service (1,801,579) 198,421.00 FY 2001-2002 Original budget appropriation 2,000,000 Less increase in debt service 465,400 1,534,600.00 Audited Balance at February 26, 2002 FY2000-2001 Original budget appropriation July 11, 2000 SW Co Regional Stormwater FY2001-2002 Original budget appropriation July 1, 2001 School Budgeted Start-Up Costs HVHS/Glenvar Middle Audited Balance at February 26, 2002 $9,113,344.00 $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 App~B/ J Elmer C. Hodge County Administrator 1 L 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: February 26, 2002 AGENDA ITEM: Accounts Paid -January 2002 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors: Payroll 1 /4/02 Payroll 1 / 18/02 Manual Checks Voids Direct Deposit Checks $5,563,387.21 $696,891.82 $171,163.54 868,055.36 691,371.53 150,620.50 841,992.03 0.00 0.00 0.00 0.00 $7,273,434.60 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. SUBMITTED BY: ~ /:~ Danial Morris Director of Finance Approved ( ) Denied ( ) Received ( ) Referred ( ) To ~ Church Flora McNamara Minnix Nickens .~. No Yes Abs i~ 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: February 26, 2002 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of January 31, 2002. SUMMARY OF INFORMATION: BANKERS ACCEPTANCE: SUNTRUST CAP 346,597.23 346,597.23 CASH INVESTMENTS: WACHOVIA 471,231.97 471,231.97 CERTIFICATE OF DEPOSITS: FIRST AMERICAN 100,000.00 SOUTHWEST VIRGINIA SAVINGS & LOAN 100,000.00 200,000.00 CORPORATE BONDS EVERGREEN - G.O. 2,373,699.67 EVERGREEN - R.A. 2,228,867.51 SUNTRUST -CAP 8,921.58 4,611,488.76 COMMERICAL PAPER: EVERGREEN - G.O. 244,365.84 EVERGREEN - R.A. 260,244.35 SUNTRUST 994,588.33 SUNTRUST -CAP 3,652,591.89 5,151,790.41 GOVERNMENT: EVERGREEN - G.O. 3,293,139.54 EVERGREEN - R.A. 3,507,144.09 PAINE-WEBBER 6,000,000.00 PAINE-WEBBER - LB&T 3,302,589.00 SUNTRUST -CAP 2,070,406.17 WACHOVIA CAP 2,242,500.75 20,415,779.55 LOCAL GOVT INVESTMENT POOL: GENERAL OPERATION (G.O.) 8,668,353.36 RESOURCE AUTHORITY (R.A.) 2,073,206.09 10,741,559.45 Page 1 of 2 N-~ MONEY MARKET: EVERGREEN - G.O. 248,463.59 EVERGREEN - R.A. 264,608.97 FIRST UNION 2,251,863.46 PAINE-WEBBER LB&T 788,245.77 PAINE-WEBBER LIR 16,777,490.28 SUNTRUST -CAP 9,266,745.96 SUNTRUST -SWEEP 1,150,166.49 TOTAL STAFF RECOMMENDATION: Respectfully Submitted y ~' =t~'.~~`U~ Alfred C. Anderson bounty Treasurer ACTION Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) 30, 747, 584.52 72,686,031.89 Approved b ~/ ~"""' ~ ~~~~ Elmer C. 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U O ~ ,~ U N (-~ ~~ .~"" ~' ~ S -i CO ~ O a ~ ~ O U O a ~ ~. ~ CC ~ Or, L ~ O o + ~ O o a U o ,UWU o W l E-+t~U~ ~~ -~ N M .-r N M Vl '--~ N M ~ ~ ~ 00 ~--+ N O O O O O O O 0 0 0 0 0 0 0 O O ~O ~O ~ [~ [~ l~ l~ 00 00 00 00 00 00 00 O~ O~ O O O O O O O 0 0 0 0 0 0 0 O O h.? / } ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 26, 2002 AGENDA ITEM: Work Session on Expenditure and Revenue Update for FY01-02. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for a budget work session to discuss items related to development of the FY 2002-03 budget. This work session will focus on the following items for discussion: Departmental Expenditure Review of Operations for Current Year Update of Revenue Projections for FY01-02 Discussion of Critical Capital/Operational Items for FY03 Information pertaining to the above items will be handed out at the work session. Respectfully submitted, Approved by, ent Robertson Elmer C. Hodge Budget Director County Administrator ACTION VOTE Approved Denied Received Referred To () Motion by: O (1 (1 No Yes Abs Church _ _ Flora _ _ _ McNamara _ _ _ Minnix _ _ _ Nickens ~- ~ ~, N ~ ~ N ~ O ~ O N O Y O ~ O ~ L ~ ~ w ~ ~ G ,~ ++ O C O O V ~ ~ ~ ~ L •~ 0 o a V r01 ~ v '~ L O ~ C7 M a ~ d~~ C ~ U ~ ~ Q Q V N } e O <L } ~ LL d N R O 0 N } LL m M O O M ~ ~ ° ~ ~ CO M ~ ~ N O O a0 ~ N `v ° M Lrj N (h Lfi ~ N O (~ O~ ~ O ~ N O ~ ~? 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(0 C E m ~ O U w C T 7 ~ ~ ~ C ~ ~- N N N L ~ ~ Q ~ N fl. LQ O ~ N N LIJ U ,n _y 3 `II (Q N Q_J ~ y m w F- Ln O N O Y 3 Y Q a~ m N U c State Revenue Summary VML Update February 26, 2002 HB 599 Funding Reduction of $10.4 million (5.8%) Reduction of $3.8 million (2.1)% The House proposes freezing 599 funding at FY2000 levels. This would reduce current County revenue by $300,000. Senate proposal keeps allocation as illustrated. Aid to Libraries Decrease funding by $5.1 million (25%) Senate has proposed reducing the cuts from 25% across the board to 7% in FY03 and 8% in FY04. The current year 25% reduction would remain intact. ABC Profits Reduction of $7.5 million; less transfer available (47%) Senate proposes to increase reduction by another $2.2 million (14%). Additional loss to County would be approximately $26,180. Compensation Board Senate proposes providing only a 90% reimbursement rate for approved full-time positions with expectation that locality will fund remaining 10%. House proposes reducing Sheriffs by $23 million. Senate's version could cost County $650,000. Comprehensive Services Act 50/50 local match for non-Medicaid expend. - $26.8 million Potential LOCAL Impact FY01-02 FY02-03 (98,600) (132,000) (68,750) (68,750) (87,890) !100,000 -2- County of Roanoke FY01-02 Departmental Expenditure Report through February 22, 2002 Percent Adjusted Actual Remaining Expended Budget Expenditures Encumbered Balance YTD General Government Subfund General Administration: Board of Supervisors 270,781 169,047 83 101,651 62.5% County Administrator 225,325 154,323 316 70,686 68.6% Chief Financial Officer 137,508 83,192 54,316 60.5% Asst Co Admin-Mgt Services 116,838 74,560 42,278 63.8% Asst Co Admin-Human Services 163,565 101,828 61,737 62.3% Community Relations 196,360 111,247 83 85,030 56.7% County Attorney 381,113 243,117 137,996 63.8% Human Resources 491,366 299,276 192,090 60.9% Economic Development 566,563 382,172 6,301 178,090 68.6% Constitutional Officers - CornrrtissionerofRevenue 661,114 383,043 6,902 271,169 59.0% Commonwealth Attorney 621,803 396,824 1,328 223,651 64.0% Sheriff 5,186,068 3,493,471 2,611 1,689,986 67.4% Treasurer 728,331 387,223 873 340,235 53.3% Clerk of the Circuit Court 792,849 496,699 1,251 294,899 62.8% Judicial Administration - Circuit Court Judges 157,068 10,803 146,265 6.9% Courthouse Maintenance Monies 15,120 7,302 21,436 (13,618) 190.1% General District Court 40,478 10,650 29,828 26.3% Magistrate 1,655 909 746 54.9% Juvenile & Domestic Relations Court 13,429 8,240 5,189 61.4% Court Service Unit 644,919 238,535 2,414 403,970 37.4% Management Services - Real Estate Assessments 818,029 515,060 302,969 63.0% Finance 866,484 524,385 - 342,099 60.5% Management and Budget 157,198 92,332 331 64,535 58.9% Public Transportation 182,857 171,446 11,411 93.8% Purchasing 371,370 231,285 140,085 62.3% Public Safety - Police 8,001,119 4,976,304 189,571 2,835,244 64.6`3% Fire and Rescue 7,371,992 4,580,122 246,456 2,545,414 65.5% Community Services - Community Development 3,647,570 2,049,336 12,794 1,585,440 56.5% General Services 6,020,596 3,435,421 35,058 2,550,117 57.6% \Expenditures thru 2-22-02 02/26/2002 Page I of 2 -3- County of Roanoke FY01-02 Departmental Expenditure Report through February 22, 2002 Percent Adjusted Actual Remaining Expended Budget Expenditures Encumbered Balance YTD Human Services - Grounds Maintenance 1,591,578 1,039,580 7,381 544,617 65.8% Parks and Recreation 2,399,572 1,627,371 2,247 769,954 67.9% Public Health 475,908 344,552 131,356 72.4% Social Services 4,948,191 3,103,216 18,128 1,826,847 63.1% Library 2,055,610 1,199,720 4,215 851,675 58.6% VPI Extension 97,867 53,098 44,769 54.3% Elections 238,269 152,816 85,453 64.1% Contributions -Social Serv. Orgs. 167,755 58,878 108,877 35.1% Contributions -Human Serv. Orgs. 93,910 77,410 16,500 82.4% Contributions -Cultural Serv. Orgs. 216,409 146,237 70,172 67.6% Total General Government Subfund 51,134,537 31,431,030 559,779 19,143,728 62.6% Other Subfunds: Law Library 158,304 22,708 135,596 14.3% Information Technology 2,712,518 1,746,231 107,718 858,569 68.3% County Garage 264,705 ]45,956 118,749 55,1% Total Other Subfunds 3,135,527 1,914,895 107,718 1,112,914 64.5% Grand Total General Fund $ 54,270,064 $ 33,345,925 $ 667,497 20,256,642 62.7% \Expenditures thru 2-22-02 02!26!2002 Page 2 oft -4- ' County of Roanoke Departmental Budget Reduction Targets FY2001-2002 and FY2002-2003 Desciption Job Bank -Positions Frozen Planning and Zoning -Assoc. Planner General Services -Asst. Director General Services -Garage Supervisor Commissioner of Revenue -Tax Clerk I Parks and Rec - MEO I Community Relations -Director FY2001-2002 FY2002-2003 One-Time Recurrina One-Time Recurrina The Job Bank Committee is currently reviewing all vacant positions. These positions have been frozen indeflnately and the related savings are included in the department detail below. County Administrator Travel and Training PC Replacement Economic Development 1, 500 2,000 3,500 0 0 0 Tanglewood Mall Appropriation 75,000 0 Advance Auto 54,171 0 Valley Gateway 103,200 0 Small Capital (from rollover) 5,000 0 Out-of-State Marketing Travel 10,000 0 247.371 0 Library Reduced Hours-1 night/week Reduce Book Purchases General Services Holding 2 Positions (until 6/30/02) Property Mgmt-telephone Tipping Fees Deferred Bldg Maintenance--RCAC Sheriff Utility Savings Defer PC Replacement; Administrative Training; Defer Capital Maintenance Vehicle Replacement Information Technology Parks & Recreation Craig Center-Reduce PM Hours Other Operational Items Therapeutics (fund w/ Fee Class accounts) Part-Time Mowing Crew Outdoor Telephones Defer Capital Maintenance Projects 0 0 6,000 16,000 18,000 18,000 24,000 34,000 28, 000 ? 2,600 2,600 30,000 0 26,000 26,000 86,600 28,600 26,182 32,769 0 58,951 No Reductions 2, 800 5,000 8,200 8, 800 2, 080 26,000 44,000 44,000 26,000 No Reductions 2,800 8,800 2,080 25, 000 25, 000 25,000 26,880 25,000 13,680 -5- County of Roanoke Departmental Budget Reduction Targets FY2001-2002 and FY2002-2003 FY2001-2002 FY2002-2003 Desciption One-Time Recurrina One-Time Recurrina Fire and Rescue Shared Salary Costs 139,000 139,000 Vehicle Replacement 23,000 23,000 139,000 0 139,000 RE Valuation Training 3,400 3,400 Internet Development (from rollovers) 8,900 8,900 3,400 0 3,400 Public Information Freezing Department 40,000 99,000 Human Resources Rollover for Training and DP Equipment 7,200 Employee Circle Program 10,000 0 17,200 0 0 Community Development Personnel Savings-frozen positions and turnover 70,000 Deferred GIS Development-DP Equip. 100,000 100,000 Illegal Dump Fund 10,000 10,000 Hollins Village Incentives 35,000 35,000 170,000 45,000 0 145,000 Police Defer Hiring 45,000 Elections Staff Travel and Training 3,500 3,500 Finance Defer Hiring 8,462 PC and Workstation (from rollovers) 4,467 12, 929 0 0 0 Board of Supervisors Warrants and Fees 1,000 1,000 Employee Newsletter 2,000 2,000 Flags and Promotions 700 700 0 3,700 0 3,700 County Attorney PC Replacement 1,480 Copying-County Code 5,000 5,000 1,480 5,000 0 5,000 Purchasing Overtime and Part-time 3,700 Postage 1,000 Travel and Training 2,000 6,700 0 0 0 Management and Budget Training and Travel 1,500 Printing and Binding 1,000 Part-time 1,000 3,500 0 0 0 -6- ~- ' ~ County of Roanoke Departmental Budget Reduction Targets FY2001-2002 and FY2002-2003 FY2001-2002 FY2002-2003 Desciption One-Time Recurrina One-Time Recurrina Social Services Expenditures tied to state mandated programs Treasurer Postage 4,000 Repairs and Maintenance 2,500 Defer PC Replacements 4,000 10, 500 0 0 0 Commissioner of Revenue Delaying Hire of Personnel Travel and Training Clerk of Circuit Court Deferral of Year-end PC Replacements Assistant County Administrators Chief Financial Officer Miscellaneous: Budgeted Fuel Cost Increases Total Potential Reducfions 9,500 1,000 10,500 0 0 0 12,000 0 0 0 4,200 0 0 0 2,000 0 0 0 200,000 0 0 0 790,080 449,731 69,000 500,880 -7- County of Roanoke Other Considerations -Projected Budget Deficit FY2001-2002 and FY2002-2003 General Services Free Loader Service Library Increase Fines for Lost Books (from early 1980's) Charge for Recurring Use of Meeting Rooms Charge for Computer Labs Police Emergency Response Charge (convictions) 25,000 Motor Carrier Enforcement 31,200 Tower Rental Space (cell towers) 93,600 Other Considerations: Volunteer Fire & Rescue Appreciation Dinner 5,000 Human Service, Dues, Cultural, and Tourism Contributions -8- County of Roanoke Significant Issues -Funding Needs FY2002-2003 Budget Development Wireless E-911 New High School Community Development: NPDES 6 Additional Dispatchers School Resource Officer: Personnel Operating/Capital (1st year) Phase II; Clean Water Act 196, 394 31,429 35,133 66,562 197,600 Information Technoloav: Systems Migration Enterprise-wide Server Database Migration Study Report Writer/Indexing Tools Staff Training 150,000 100,000 150,000 75,000 25, 000 500,000 -9- ~.~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2002 RESOLUTION 022602-5 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 Church to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Nickens, Church NAYS: None ABSENT: Supervisor Minnix cc: File Closed Meeting File A COPY TESTE: Brenda J. Holt , CMC Deputy Clerk to the Board of Supervisors 1 ... AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2002 RESOLUTION 022602-6 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF MARY T. HOLLINGSWORTH, SOCIAL SERVICES, AFTER TEN YEARS OF SERVICE WHEREAS, Mary T. Hollingsworth was first employed by Roanoke County on December 2, 1991, in the Social Services Department as an Eligibility Aide I and also served as an Eligibility Worker and Social Worker; and WHEREAS, Ms. Hollingsworth retired from Roanoke County on January 1, 2002, as a Social Services Aide II after ten years and one month of service; and WHEREAS, Ms. Hollingsworth often worked with the foster care, adult and day care teams and provided excellent support and direction concerning purchases of services and tracking payments; and WHEREAS, Ms. Hollingsworth was always diligent in providing timely and accurate payments to service providers and was always available to lend additional administrative support to staff; and WHEREAS, Ms. Hollingsworth, through heremploymentwith 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 1 County to MARY T. HOLLINGSWORTH for ten 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Nickens, Church NAYS: None ABSENT: Supervisor Minnix A COPY TESTE: Brenda J. Holto , CMC Deputy Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File Betty McCrary, Director, Social Services Joe Sgroi, Director, Human Resources 2 • R-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2002 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF MARY T. HOLLINGSWORTH, SOCIAL SERVICES, AFTER TEN YEARS OF SERVICE WHEREAS, Mary T. Hollingsworth was first employed by Roanoke County on December 2, 1991, in the Social Services Department as an Eligibility Aide I and also served as an Eligibility Worker and Social Worker; and WHEREAS, Ms. Hollingsworth retired from Roanoke County on January 1, 2002, as a Social Services Aide II after ten years and one month of service; and WHEREAS, Ms. Hollingsworth often worked with the foster care, adult and day care teams and provided excellent support and direction concerning purchases of services and tracking payments; and WHEREAS, Ms. Hollingsworth was always diligent in providing timely and accurate payments to service providers and was always available to lend additional administrative support to staff; and WHEREAS, Ms. Hollingsworth, through heremploymentwith 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 1 w '` A G~ - ~ County to MARY T. HOLLINGSWORTH for ten 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. 2 ACTION NUMBER ITEM NUMBER ~" ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 26, 2002 SUBJECT: Proclamation declaring February 2002 as School Board Appreciation Month COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia School Boards Association designated February 2002 as School Board Appreciation Month, and Governor Warner issued a proclamation recognizing the observance. Attached is a proclamation declaring February 2002 as School Board Appreciation Month in Roanoke County. Bill Irvin, Chairman of the School Board, regrets that he cannot attend but Vice Chairman Marion Roark and School Superintendent Dr. Weber plan to be present. C~~~ Elmer C. Hodge County Administrator ACTION VOTE No. Yes Abs Approved () Motion by: Church Denied () Flora _ _ Received () McNamara- _ _ Referred () Minnix _ _ To () Nickens _ R-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2002 PROCLAMATION DECLARING THE MONTH OF FEBRUARY 2002 AS SCHOOL BOARD APPRECIATION MONTH IN ROANOKE COUNTY WHEREAS, as Virginians and citizens of Roanoke County, we have a responsibility to prepare our children for a successful and fulfilling future, and it is very important to educate all children by increasing knowledge and understanding and developing positive character traits; and WHEREAS, parents are responsible forthe education oftheirchildren,and teachers, principals, and school board members are entrusted by parents to guide, direct and impart knowledge to their children while at school; and WHEREAS, the Roanoke County School Board members, along with a dynamic team of teachers and administrators, set the standard for excellence in Roanoke County's education of its young people; and WHEREAS, School Board members have devoted themselves to providing a high quality education for all students in Roanoke County; and WHEREAS, the citizens of Roanoke County are proud of our educational system and are appreciative of the efforts of the School Board members to make the County's public school system an excellent one to educate our children; and WHEREAS, Governor Mark R. Warner has issued a proclamation recognizing February 2002 as School Board Appreciation Month in the Commonwealth of Virginia. WHEREAS, this year's theme "Together, for the Children" stresses the important role that today`s school boards play in the future of public education. 1 -off NOW, THEREFORE, BE IT PROCLAIMED that the Board of Supervisors of Roanoke County, Virginia, does hereby, on behalf of its members and the citizens of Roanoke County, recognize and proclaim February, 2002, as SCHOOL BOARD APPRECIATION MONTH in the County of Roanoke, and FURTHER, the Board wishes to express its appreciation to the members of the Roanoke County School Board for their efforts on behalf of the County's public school system. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2002 RESOLUTION 022602-7 OF CONGRATULATIONS TO GLENVAR HIGH SCHOOL GIRLS BASKETBALL TEAM FOR WINNING THE STATE GROUP A CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the Glenvar High School Girls Basketball Team won the State Group A basketball championship this year with a 41 to 38 victory over Radford High School at the Salem Civic Center; and WHEREAS, the Highlanders finished the season with a record of 27 wins and 2 losses, having won 21 straight games and their second state championship in the last five years; and WHEREAS, several members of the Highlanders team received special awards including Allyson Fasnacht, who was named All-District, All-Region, All State, Region C Player of the Year, and Associated Press State Player of the Year for Group A; Sarah Frazier, All-District, All-Region, and Amanda Kite, All-District and All-Region; and WHEREAS, the Highlanders are coached by Bryan Harvey, who was selected the Three Rivers District Coach of the Year and Region C Coach of the Year; and Assistant Coaches Gale Moore and Toree Morris. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the GLENVAR HIGH SCHOOL GIRLS BASKETBALL TEAM: Amber Mabry; Sierra Shelor; Allyson Fasnacht; Rebecca Downor; Leigh Ann Woodley; Amanda Kite; Carol 1 Herington; Katie Klik; Sarah Frazier; Elizabeth Kite; and Desiree Millerfortheirathletic ability, their team spirit, and their commitment to each other; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Nickens, Church NAYS: None ABSENT: Supervisor Minnix A COPY TESTE: Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: File Resolutions of Congratulations File Dr. Linda Weber, School Superintendent 2 "' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2002 RESOLUTION OF CONGRATULATIONS TO GLENVAR HIGH SCHOOL GIRLS BASKETBALL TEAM FOR WINNING THE STATE GROUP A CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the Glenvar High School Girls Basketball Team won the State Group A basketball championship this year with a 41 to 38 victory over Radford High School at the Salem Civic Center; and WHEREAS, the Highlanders finished the season with a record of 27 wins and 2 losses, having won 21 straight games and their second state championship in the last five years; and WHEREAS, several members of the Highlanders team received special awards including Allyson Fasnacht, who was named All-District, All-Region, All State, Region C Player of the Year, and Associated Press State Player of the Year for Group A; Sarah Frazier, All-District, All-Region, and Amanda Kite, All-District and All-Region; and WHEREAS, the Highlanders are coached by Bryan Harvey, who was selected the Three Rivers District Coach of the Year and Region C Coach of the Year; and Assistant Coaches Gayle Moore and Toree Morris. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to the members of the GLENVAR HIGH SCHOOL GIRLS BASKETBALL TEAM: Amber Mabry; Sierra Shelor; Allyson Fasnacht; Rebecca Downor; Leigh Ann Woodley; Amanda Kite; Carol 1 Y ~ ~~ ;,~ .~ Herington; Katie Klik; Sarah Frazier; Elizabeth Kite; and Desiree Millerfortheirathletic ability, their team spirit, and their commitment to each other; and BE IT FURTHER RESOLVED, thatthe Board of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, TUESDAY, FEBRUARY 26, 2002 ORDINANCE 022602-8 GRANTING A SPECIAL USE PERMIT TO BETTY J. HENDERSON TO OPERATE A HOME OCCUPATION FOR A BEAUTY SALON TO BE LOCATED AT 5704 MALVERN ROAD (TAX MAP NO. 38.10-3-68), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Betty J. Henderson has filed a petition for a special use permit to operate a home occupation for a beauty salon to be located at 5704 Malvern Road (Tax Map No. 38.10-3-68) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on February 5, 2002; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on January 22, 2002; the second reading and public hearing on this matter was held on February 26, 2002. 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 Betty J. Henderson to operate a home occupation for a beauty salon to be located at 5704 Malvern Road (Tax Map No. 38.10-3-68) in the Hollins 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) That Betty J. Henderson shall be the sole provider of hair care services at this location and may only do so as long as she is a full time resident of 5704 Malvern Road. i (2) The salon shall be limited to one chair only. (3) The retail sale of supplies shall be prohibited. (4) This special use permit shall be for a period of one year and may be renewed administratively for successive one-year periods provided the applicant has complied with these conditions and the use and design standards and the zoning administrator has not received written complaints from adjoining residents. (5) Customer parking will be provided on the property. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Flora to adopt the ordinance with Condition #5 added, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: Y~,~QQ, Brenda J. Ho on, CMC Deputy 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 64. ~~~e~ ~ . ~~ 3.~ ROANOKE COUNTY Aplicants name:Bety Jane F. Henderson DEPARTMENT OF Applticat~,on: SUP COMMUNITY DEVELOPMENT Tax Map No. 38. >0-3-68 J 63. - ,~; ~~ 46. v~ ~ ~ ., .~ ! ~ ,~ --~..-- 1. ~~ ~~ PETITIONER: Henderson Home Occupation ~ "`~ CASE NUMBER: 2-2/2002 Planning Commission Hearing Date: February 5, 2002 Board of Supervisors Hearing Date: February 26, 2002 A. REQUEST This petition is for Betty J. F. Henderson to obtain a Special Use Permit to operate a Home Occupation for a Beauty Salon on acres, located at 5704 Malvern Road, NW, Hollins Magisterial District. B. CITIZEN COMMENTS One citizen spoke with concerns regarding the parking and a home based business in a residential area. C. SUMMARY OF COMMISSION DISCUSSION Mr. Chris Lowe presented the staff report for this petition. Mr. Thomason inquired if there were any concerns from neighbors about the proposed petition and what they were. Three citizens called staff with concerns regarding parking, speeding, trash, and the commercialization of the neighborhood. Mr. Ross asked where parking would be established for the customers. Mrs. Henderson responded that parking would be established in the existing driveway. Mr. Ross asked about the suggested conditions and was informed that these conditions come directly from the zoning ordinance. Mrs. Henderson explained to the commission that this was going to be a few customers that will follow her from her current employment. She went on to explain that her and her husband's medical problems have limited them. Being able to work from home would enable her to take care of her husband who needs supervision and would allow her to take rest breaks as needed. D. CONDITIONS 1. That Betty J.F. Henderson shall be the sole provider of hair care services at this location and may only do so as long as she is a full time resident of 5704 Malvern Road; 2. The salon shall be limited to one chair only; 3. The retail sale of supplies shall be prohibited; 4. This special use permit shall be for a period of one year and may be renewed administratively for successive one-year periods provided the applicant has complied with these conditions and the use and design standards and zoning administrator has not received written complaints from adjoining residents. E. COMMISSION ACTION(S) Mr. Ross made a motion to approve the Special Use Permit. The motion carried 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission . ""C' = STAFF REPORT Petitioner: Henderson Home Beauty Salon Request: Special Use Permit for Home Beauty Salon Location: 5704 Malvern Road, 24012 Magisterial District: Hollins Suggested 1. That Betty J.F. Henderson shall be the sole provider of hair care Conditions: services at this location and may only do so as long as she is a full time resident of 5704 Malvern Road; 2. The salon shall be limited to one chair only; 3. The retail sale of supplies shall be prohibited; 4. This special use permit shall be for a period of one year and may be renewed administratively for successive one-year periods provided the applicant has complied with these conditions and the use and design standards and zoning administrator has not received written complaints from adjoining residents. EXECUTIVE SUMMARY: This is a request for a Special Use Permit for a Home Beauty Salon at 5704 Malvern Road. The property is designated as Neighborhood Conservation in the Roanoke County Community Plan, and is currently zoned R-1. The SUP request involves (1) one parcel, consisting of 0.27 acres. 1. APPLICABLE REGULATIONS Home Beauty Salon is Permitted in R-1 Zoning District with a Special Use Permit. Home Beauty Salons in R-1 shall follow the regulations set forth in Sec. 30-82-2 in the Roanoke County Zoning Ordinance. 1. The applicant shall submit documentation that an infirmity exists which prevents either the salon operator or a permanent occupant of the dwelling unit from regularly leaving the dwelling to pursue gainful employment. 2. The salon shall be limited to one chair only. 3. The retail sale of beauty and barber supplies shall be prohibited. 4. The special use permit shall be granted for a period of one year and may be renewed administratively for successive one year periods provided the administrator has not received written complaints from adjoining residents. 2. ANALYSIS OF EXISTING CONDITIONS Back r~ ound - Ms. Henderson currently rents a unit behind The Tobacco Store on Williamson Road. She has recently had a knee implant has difficulty standing for extended periods of time. Her husband has also begun to show serious signs of Alzheimer's Disease and is in need of daily care. With a home based beauty salon, Ms. Henderson could provide the necessary care for her husband and also can easily take breaks in her home when needed. She currently works approximately five (5) hours a day or 3-5 customers a day. Ms. Henderson has owned and operated Shear Design for forty-years. She has one neighbor who adjoins her property. Topog_raphy/Ve etg ation - Surrounding Neighborhood -The surrounding neighborhood consists of residentially zoned properties. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture -The site is a 0.27-acre site with a large enough driveway to accommodate the homeowner's vehicles and one customers vehicle. Access/Traffic Circulation - V DOT anticipates that the existing entrances are acceptable and that this request will have no impact to Abney Road. 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 are currently provided to this property. This Special Use Permit does not affect the existing public water and sanitary sewer systems. Department of Economic Development -The Department of Economic offer no objections. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The site is designated as Neighborhood Conservation in the 1998 Community Plan. This particular use is not identified in the Community Plan, but does follow the pattern of different categories of housing within this zoning district. Neighborhood Conservation is defined as a future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. 5. STAFF CONCLUSIONS This is a request for a Special Use Permit for a Home Beauty Salon. The request involves (1) one parcel, consisting of 0.27 acres on Malvern Road. This conforms to the Roanoke County Community Plan and the site has ample space to conform to all applicable development standards. No negative impacts are anticipated. CASE NUMBER: 2-02/2002 PREPARED BY: Chris Lowe HEARING PC: February 5, 2002 BOS: February 26, 2002 DATES: 2 _....~ County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive -- P O Box 29800 ~, ~! VA 24018-0798 Roanoke, (540) 772-2068 FAX (540) 72=2~I~~8'~ Date received: Received by: ~ 12i~~.1o1 Application fee: ~~o Po PC/BZA date: I o 2. Placards issued: I ~/llly ~ ~Ies BOS dat~ ~ 26 JO Z Case Number 2 '" 2 (2O ~ z- ALL APPLICANTS Check type of application fi~led~-check all that apply) ^ Rezoning C~'Jpecial Use ^ Variance Applicants name/address w/zip s+~ E A 2 Phone: z.~ ~ ~, ~ ~,;~,C~iJ _ /4~'-ri-~Q:.~ ~ p6 S I ~u~ Work: ~~, Cell #: 7 ~ y ~, ~..~,~,,,~ j~i~' 71, Fax No.: ~i ~ - y~~ 9 Owner's name/address w/zip Phone #: dv -~ L G ya ~ 1- ~` ~ ~ ~-- Y 7 ~ ~. ~<~ -~-`'~~ ~' ~ ~ ~~ , ~ c~.' ~ Fax No. #: Property Location Magisterial District: ~ ~ ~,~ .S S / ~' ~ lE ~ ~~ ~t'' ~ ~'~i ~~ ~ Community Planning area: ~~ ~ ~ t yt 5 7pM Tax Map No.: ~ ~ I Li _ ~ ~ ~ ~~~ Existing Zoning: ~~ Size of parcel(s): Acres: a 7 4cu. (kn G C . Existing Land Use: S I w ~ `~_ ~L ~~ ~ ~ ~- e l ~ ~~ ~. c-~ REZONING AND SPECIAL USE PERMfT APPLICANTS (R/S) Proposed Zoning: f`~- ~ ~ Proposed Land Use: _c; ~,. E, ~ ~~ .1'f-c~ S <~ ~~' eti_ 1 ~- L«L~~ US ~- l iii= ~ t Does the par el 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 ^ No ^ IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes ^ No ^ VARIANCE APPLIC, iNTS f Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: ~~ Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE iVIISSING OR INCOIVIPLETE. R/S V ~ V S V Consultation 8 1/2" x 11" concept plan Application fee Application L'~ Metes and bounds description Proffers, if applicable Justification ,v ,4 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. , ~~ ~ ~v.~ ~, F,~-~:. ~~ . ~~ ~ Owner's Signature JUSTIFICATION FOR REZONING OR SPECIAL USE PERMIT REQUEST Applicant 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. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County 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, schnoolps, parks/recreation and fire and rye-scue. ~,,.;., rte,-~.~--.~-~~ ~ .~' B~- cam.. C~1.~-i -- .~;.,- z~ .5 ~ ~- ~-~-- ~-''~~ //~~ / wvr-LL Chi.? « ~'' C~-~' ~n-- ~~/~, c~ ~,~ ...e~'~,u~ .~ v ~ ~ ~`E`Q+ c'°,P"~, ~ a,i„a,, c~s:~ , ~ 1~ ~"..~-~ - ~ ~~j COQ /~,~~,, .,-~-µf~,,~=.~. `b-, C~S;;.,,„y,,,~; °~ ..~-~' ~~'"~'~ ~~-- f~~n 7~1 S~n ~ t u-~ Ceti.. ~-~-~-~ ~ I ``u:-~..t~'-~- `t r S ~.Gs • JUSTIFICATION FOR VARIANCE REQUEST -~' ~. -"~ Applicant The 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. /~ ~~~ _ ~~~_ ~'~~~ ~'~-' ,~y~L°"~ /!{~y'~~~.~~y. ~ ~,~ ~-. ~~", ll. ~,-,-Q-- cr. a = - ~ G,--yr~~ 1 C` . y. '~~~ ~~ ~~ .-~,u,,~" !~ ~ - ~~ -rte -~~~.~,_- ~ ~~"' ,~~,,~ , 2. The strict application of the zoning ordinance would produce undue hardship; a hardship that approaches confiscation (as distinguished from a special privilege or convenience) and would prohibit or unreasonably restrict the use of the property. 3. The hardship is not shared by other properties in the same zoning district or vicinity. Such hardships should be addressed by the Board of Supervisors as amendments to the Zoning Ordinance. 4. The variance will not be of a substantial detriment to the adjacent properties or the character of the district. CONCEPT PLAN CHECKLTST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff ma exem t some of the items or su est the addition of extra items, but the followin are considered minimum: ALL APPLICANTS a. Applicant name and name of development _ b. Date, scale and north arrow _ c. Lot size in acres or square feet and dimensions ~ ~'-E'~~ ~~~~~ d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. - 'VL.D f. The zoning and land use of all adjacent 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 or other public ways within or adj acent to the development _ j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZONING AND SPECIAL USE PERII~IIT APPLICANTS ~5 k. Existing utilities (water, sewer, storm drains) and connections at the site r1' p 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 twv C ~`'~`-"I _~ o. Locations of all adjacent fire hydrants / GL /~ ~~'~+~ ~'~"'""~^ "' 31e p. Any proffered conditions at the site and how they are addressed ~~~ ~r,..~s ~ q. If project is to be phased, please show phase schedule v "`~' I certify that all items required in the checklist above are complete. ~` Signatutle of applicant Date ~~ I S. CURTISS MULL, M.D. DEA No. AM 5557597 MICHAEL W. WOLFE, M.D. DEA No. BW 3926524 ALONZO H. MYERS, M.D. DEA No. AM 2490679 Te ep one. Office Hours By Appointment LEWIS•GAl'.E CLINIC BERTRAM SPETZLER, M.D. Orthopaedic Surgery, Hand Surgery DEA No. AS 9251252 Spinal Surgery and Sports Medicine Christopher Guth, PA-C 1802 Brael~um Drive Salem, Virgnia 24153 ~ BRIAN A. TORRE, M.D. l72-3530 Offices: DEA No. AT 3090088 Valley View N[edical Center William C. Atkinson, Jr., PA-C 4910 Valley View Blvd. Roanoke, Virginia 24012 1 h • 265 4210 6174 ~ ,~ ' Name ..~ ~ ~ ~ ~2 C~-C'~ ~~c,?~~............ Date ~~f ~~ G .... i .........~/ ....................... (, .................~... '; Address .................................................................1.......................................... LABEL AS TO~~G.'ONTENTS -{~'/. ~ Refill .......................... Times I { ~J Within ....................... Months ..~ ~1~.~~..~. ~ Voluntary Formulary Permitted '>.~ ............................................................ ^ Dispense as written If neither box is marked, a Uolunta~y Formulary product must be dispensed. PARCELID ~.. ~=~~~ w.~,4; ~~p.. -~~. ~,y. Page 1 of 1 Ti 03 8.10-0 3 -6 8.00-0000 Owner Name HENDERSON WILLIAM K & PROPERTY ADDRESS BILLING ADDRESS 5704 MALVERN RD BETTY JFULLER-HENDERSON 5704 MALVERN RD NW ROANOKE VA 24012 ~ ~ /~ ~,~ r src,e.a~,.F t~:c ;~ '~ _. ,. C~~ http://www.co.roanoke.va.us/engineer/data/billing_address. asp?PARCELID=03 8.10-03-68.00-0000 12/3/01 46. .%~ 3. ROANOKE COUNTY Aplicants name:Bety Jane F. Henderson DEPARTMENT OF Application: SUP COMMUNITY DEVELOPMENT Tax Map No. 38. >0-3-68 .. ~ ~~ ,~ . ; 's 1. - ~~.~ ~~ 2 . ~~~ r- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, TUESDAY, FEBRUARY 26, 2002 ORDINANCE GRANTING A SPECIAL USE PERMIT TO BETTY J. HENDERSON TO OPERATE A HOME OCCUPATION FOR A BEAUTY SALON TO BE LOCATED AT 5704 MALVERN ROAD (TAX MAP NO. 38.10-3-68), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Betty J. Henderson has filed a petition for a special use permit to operate a home occupation for a beauty salon to be located at 5704 Malvern Road (Tax Map No. 38.10-3-68) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on February 5, 2002; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on January 22, 2002; the second reading and public hearing on this matter was held on February 26, 2002. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the Board finds that the granting of a special use permit to Betty J. Henderson to operate a home occupation for a beauty salon to be located at 5704 Malvern Road (Tax Map No. 38.10-3-68) in the Hollins 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) That Betty J. Henderson shall be the sole provider of hair care services at this location and may only do so as long as she is a full time resident of 5704 Malvern Road. (2) The salon shall be limited to one chair only. (3) The retail sale of supplies shall be prohibited. (4) This special use permit shall be for a period of one year and maybe renewed U: \WPDOCS\AGENDA\ZONING\henderson.sup.wpd I r- administratively for successive one-year periods provided the applicant has complied with these conditions and the use and design standards and the zoning administrator has not received written complaints from adjoining residents. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. U: \WPDOCS\AGENDA\ZONING\henderson.sup.wpd 2 AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2002 ORDINANCE 022602-9 REPEALING APPENDIX B. SUBDIVISIONS. IN ITS ENTIRETY AND ADOPTING CHAPTER 29. SUBDIVISIONS. OF THE ROANOKE COUNTY CODE WHEREAS, upon the request of the Roanoke County Planning Commission a complete rewrite and revision of Roanoke County's Subdivision Ordinance is appropriate and necessary due to significant changes in the enabling legislation of the Commonwealth of Virginia and complimentary development ordinances of the Roanoke County Board of Supervisors; and WHEREAS, this ordinance has been developed with significant contributions from the professional engineering and surveying community, State agencies, and the Roanoke Regional Homebuilders' Association; and WHEREAS, this ordinance enhances customer service through the use of current technology for electronic submittals; and WHEREAS, the Planning Commission held a public hearing on this ordinance on February 5, 2002; and the Board of Supervisors held the first reading of this ordinance on February 12, 2002, and held the second reading and public hearing on February 26, 2002; public notice having been given as required by law; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Appendix B. Subdivisions of the Roanoke County Code be, and hereby is, repealed in its entirety. 2. That Chapter 29. Subdivisions as set out below be, and hereby is adopted in its entirety. 3. That this ordinance shall be in full force and effect from and after its adoption. A certified copy of this ordinance shall be maintained and on file in the office of the Clerk to the Board of Supervisors of Roanoke County and a certified copy shall be filed in the Clerk's Office of the Circuit Court of Roanoke County, Virginia. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None A COPY TESTE: Brenda J. Hol on, CMC Deputy Clerk to the Board of Supervisors 2 cc: File John Murphy, Associate 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 Gary Robertson, Director, Utility 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 Dania) Morris, Director, Finance O. Arnold Covey, Director, Community Development Janet Scheid, Senior Planner David Davis, 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 s Draft for Planning Commission Public Hearing 1/30/(II2 Roanoke County Subdivision Ordinance ~" ~,~ ~~.: aoo2 Draft for Planning Commission Public Hearing 1/30/62 `"` ~` Subdivision Ordinance from Chapter 29 of the Roanoke County Code Table of Contents Article I Title and Purpose Section 29-1 Division 1. In General Page # 4 4 29-1.1 Title 4 29-1.2 Purpose 4 29-1.3 Jurisdiction and applicability of chapter 5 29-1.4 Relationship to zoning ordinance Article II. Administration Section 29-2 Division 1. In General 5 5 29-2.1 Agent 5 29-2.2 29.2.3 Regulations Authority and process to grant a waiver or variation of the subdivision 6 ordinance 6 29.2.4 Appeal of Decision of Commission Article 111. Definitions Section 29-3 Division 1. Definitions 7 Article IV. Plat Submissions Section 29-4 Division 1. In General 9 9 29-4.1 Submission of subdivision plat to agent 10 29.4.2 Minor Subdivision 10 29-4.3 Major Subdivision 10 29-4.4 Family Exempt Subdivision 10 29-4.5 Series of minor subdivision plats 10 29-4.6 Changing subdivision plats after approval 29-5 Division 2. Concept and Preliminary Plats 10 29-5.1 Process of review -Concept plat review 10 10 29-5.2 Concept sketch standards 11 3 29-5 Process of Review -Preliminary/Final Plat Review . 4 29-5 information, and requirements for apreliminary/final plat Size 12 . 29-5.5 , Term of validity of preliminary plat 13 14 29-5.6 Appeal of failure to act on preliminary plat 14 29.5.7 Appeal of disapproval of preliminary plat 29-6 Division 3. Final Plats 14 14 29-6.1 Deadline for filing final subdivision plat for major subdivisions 14 29.6.2 Final plat documents submitted prior to approval 14 29-6.3 Disapproval of final plat 15 29-6.4 Effect of approval on final plat 15 29-6.5 Recordation in phases 15 29-6.6 Effect of recordation of approved plat 16 29.6,7 Appeal of failure to act on final plat 16 29.6,8 Appeal of disapproval of final plat 29-7 - 29-9 Reserved 16 2 1 Draft for Planning Commission Public Hearing 1/30/02 ~; Article V. Standards Section 29-10 Division 1. General Requirements 16 29-11 Division 2. Street Requirements 16 29-12 Division 3. Stormwater Management Requirements 17 29-13 - 29-15 Reserved 17 Article VI Replats and Vacations Section 29-16 Division 1. Replats 17 29-16.1 Relocation or vacation of boundary lines 17 29.17 Division 2. Vacations 18 29-17.1 Vacation of plat before sale of lot therein by the owners; 18 ordinance of vacation 18 29-17.2 Vacation of plat after sale of lot; ordinance of vacation 18 29-17.3 Effect of vacation of plat after lot has been sold 29-18 - 29-20 Reserved 18 Article VII Ordinance Adoption and Amendments Section 29-21 Division 1. Adoption 18 29-22 Division 2. Amendments 18 29-23 - 29-25 Reserved 18 3 Araft for Planning Commission Public Hearing 1/~fl/02 ;~ '" q. ARTICLE I. TITLE AND PURPOSE 29-1 DIVISION 1. IN GENERAL 29-1.1 Title This ordinance shall be known and cited as the "Subdivision Ordinance of the County of Roanoke, Virginia," or the "Subdivision Ordinance," "this Ordinance," or "this Chapter." The provisions of this ordinance shall apply to all property within the County of Roanoke, Virginia, including any property within the County that may be assessed in an adjoining jurisdiction and excluding any property within the incorporated Town of Vinton, Virginia. 29-1.2 Purpose The purpose of this ordinance is to establish procedures and regulations for the subdivision of land within the limits of the County, and to accomplish the objectives listed below: (a) To achieve the orderly development of land through reasonable standards of design and procedures for subdivision and resubdivision of land; and ensure proper legal description. (b) To protect and provide for the public health, safety and general welfare. (c) To guide future growth and development in accordance with the policies of the comprehensive plan, applicable zoning regulations and other adopted policy documents of the County. (d) To coordinate proposed public facilities and streets in new subdivisions with existing public services in a manner that minimizes adverse effects on adjacent or nearby neighborhoods. (e) To reduce and prevent water pollution and flooding. (f) To ensure appropriate development with regard to natural resources and open space, which will contribute to the beauty of the community and value of the land 29-1.3 Jurisdiction and applicability of chapter (a) This chapter shall constitute the comprehensive regulations governing any and all subdivisions of land located within the County occurring on or after the effective date of this ordinance. No land may be subdivided using any legal description other than with reference to a plat approved by the subdivision agent in accordance with this chapter. (b) No existing subdivision shall be modified except with the agent's approval in accordance with this and other applicable ordinances of the County. (c) The provisions of this chapter shall not apply to any subdivision for which a currently effective preliminary plat was approved on or before the effective date of this chapter. These subdivision plats shall be reviewed and acted on under the applicable prior subdivision ordinance. Any subdivision for which a preliminary or final plat has received written approval prior to the effective date of this chapter and for which a final plat for the subdivision or a section thereof is recorded within six (6) months of the date of such approval, may be developed in accordance with the subdivision ordinance in effect on the date of such approval. (d) This ordinance shall govern all residential and nonresidential subdivisions. (e) Any reference to this ordinance includes all ordinances amending it. 4 Draft for Planning Commission Public Hearing 1/3t°r/02 29-1.4 Relationship to zoning ordinance The zoning ordinance and zoning map shall control the type and intensity of use of all property within the County. Particular reference is made in the zoning ordinance to the minimum lot sizes, setback requirements, road frontage and use restrictions for all zoning districts; the zoning ordinance shall be controlling as to all such matters. ARTICLE II. ADMINISTRATION 29-2 DIVISION 1. IN GENERAL 29-2.1 Agent (a) The Director of Community Development is hereby appointed by the Board to be the County's Subdivision Agent to administer and enforce this ordinance. The Board may appoint, or revoke appointments of, such additional individuals, as it may deem appropriate to serve as a subdivision agent. The agent's approval, disapproval, or other action shall be that of the governing body. (b) The agent shall exercise authority to review, approve and disapprove the concept, preliminary, and final plats for the subdivision of land within the portions of the County as stated in the title of this chapter. (c) The agent may call for opinions or decisions, either oral or written, from other departments or agencies in considering details of any submitted plat. (d) The agent may establish any reasonable administrative procedures deemed necessary for the proper administration of this ordinance. 29-2.2 Regulations (a) No person shall subdivide any tract of land that is located within the jurisdiction of the County except in conformity with the provisions of this ordinance and any other applicable County ordinances. (b) No person shall subdivide land without making and recording a plat of such subdivision and without fully complying with the provisions of this subdivision ordinance and of general law. (c) No such plat of any subdivision shall be recorded unless or until it shall have been submitted to and approved by the agent. (d) No person shall sell or transfer any land of a subdivision before a plat has been approved and recorded as provided herein unless such subdivision was lawfully created before the adoption of this ordinance or any predecessor subdivision ordinance. Nothing herein shall be construed as preventing the passage of title to property that has not been legally subdivided. (e) Any person violating the foregoing provisions of this section shall be subject to a fine of not more than five hundred dollars ($500.00) for each lot or parcel of land so subdivided, transferred or sold; and the description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies herein provided. (f) The agent and County attorney, or his designee, may take such other legal action as may be necessary to enforce the provisions of this ordinance, including suit for injunction, for abatement or restraining order or other appropriate proceeding. (g) The agent, before finally approving any subdivision plat, may personally inspect the proposed subdivision on the ground. Upon approving such final subdivision plat, the agent shall clearly endorse his approval thereon. State law reference - Va. Code § 15.2-2254 5 Draft for Planning Commission Public Hearing 1/3Q/02 4 29-2.3 Authority and process to grant a waiver or variation of the subdivision ordinance (a) In cases of unusual situations or where strict adherence to the general regulations in this ordinance would result in a substantial injustice or hardship to the applicant, the Commission may vary or waive any of the County standards in this ordinance, under the terms, procedures, and conditions established in this section. A variation or waiver may be permitted if, in the opinion of the Commission, exceptional topographic conditions or other extraordinary or unusual conditions necessitate such. No waiver shall be granted which would be illegal, in contravention of any mandatory provisions of state or federal laws or regulations, or prejudicial to the health and safety of County citizens. (b) If a violation or error that is not in accordance with the approved standards is noted during the plat review process, the applicant will be notified through the normal review procedure. The applicant shall submit any request for a variation or waiver, in writing, within sixty (60) days of the date of such notification. If the applicant requests a waiver or variance, the review process will cease until the waiver process is finalized. (c) The applicant shall submit to the agent, with the appropriate application fee, a written request for a variation or waiver of a requirement, stating the requested relief and the reasons the request should be granted. The applicant shall examine and submit to the agent alternative methods to attempt to comply with the intent of that requirement. Any supportive drawings, maps, plans, or other information necessary to review the request must be submitted to the agent. The agent will transmit the application with the supporting documentation to the Commission for review which will take action on a waiver request, or an alternative method provided in lieu of strict compliance, at the next regularly scheduled Commission hearing date, or as soon thereafter as all notice and other requirements may be complied with herein. (d) Notice of the Commission hearing shall be given by publication and by mailing as set forth in Section 15.2-2204 of the Code of Virginia (1950, as amended). The costs for notice shall be the responsibility of the applicant. (e) The Commission shall preserve and record the application and the basis for granting or denying any request. The Commission may grant the variation or waiver with such additional or alternative conditions as it may deem appropriate. 29-2.4 Appeal of Decision of Commission (a) A decision of the Commission on a waiver or variation request may be appealed to the Board of Supervisors by either the applicant or the agent. Written notice of the appeal must be filed with the County Administrator within thirty days of the decision by the Commission. (b) Consideration of the appeal shall be placed on the Board agenda for consideration and public hearing as soon thereafter as all notice and other requirements herein may be complied with, but in no event later than sixty (60) days from date the notice of appeal was filed. Notice of the public hearing shall be given by publication and by mailing as set forth in Section 15.2-2204 of the Code of Virginia (1950, as amended). The costs for notice shall be the responsibility of the party appealing the Commission decision. (c) The County Administrator shall transmit to the Board the applicant's request, together with all supporting documentation, from the records of the Commission and any additional pertinent information and documentation that may be available for consideration at the hearing. (d) The Board shall make and record its decision in accordance with the criteria set forth in §29-2.3 of this chapter. Approval of the applicant's request for a waiver or variation shall be by majority vote of the Board members present at the hearing and the Board may impose such additional or alternative conditions, as it may deem appropriate. 6 Draft for Planning Commission Public Hearing 1/30/02 ~~~V ~' ARTICLE III. DEFINITIONS 29-3 DIVISION 1. DEFINITIONS For the purposes of this ordinance, the words and phrases listed below in this section shall have the meaning described. Where terms are not defined, they shall have their ordinarily accepted meaning, or such as the context may imply. Agent: A duly authorized representative of the Planning Commission appointed by the Board of Supervisors to serve as its agent to administer and enforce the subdivision ordinance. Also, Subdivision Agent. Alley: An open way that affords a service (i.e., garbage collection, delivery, mail) means of access to an abutting property, but is not maintained by any local, state or federal government. Applicant: A person who has submitted a plat and/or plans to the County for the purpose of obtaining approval of a subdivision of property and/or a development. Building Envelope: That area within which the principal structure may be located on a property in compliance with all minimum setback requirements of the zoning ordinance. Chapter. The Subdivision Ordinance of the County of Roanoke, Virginia. Clerk's Office: Clerk's Office of the Circuit Court for the County of Roanoke, Virginia. Commission: The Planning Commission of the County of Roanoke, Virginia. County: The County of Roanoke, Virginia. Conservation Parcel: A parcel that has been dedicated to a land trust, homeowners, condominium, or similar association, government agency or other entity through an easement or other transfer of ownership, and set aside in perpetuity as open space. Department of Transportation Standards of Virginia: The "Subdivision Street Requirements," Virginia Department of Highways and Transportation (1996); "Road and Bridge Standards," Vols. I and II, Virginia Department of Highways and Transportation (1994); and comparable or later revisions of these works. Developer. Any person or legal entity proposing to undertake the construction of buildings or other structures, or the development of land upon or within a subdivision or any portion thereof. Development: A tract of land developed or to be developed as a unit under single ownership or unified control that is to be used for any business or industrial purpose or is to contain five (5) or more residential dwelling units. The term "development" shall not be construed to include any property that will be principally devoted to agricultural production. Driveway: A private road giving access from a public way to a building on abutting grounds. Easement: A right expressed in recorded writing, given by the owner of land to another party of specific limited use of that land (i.e., access, pedestrian, greenway, drainage, water, sewer, public utility). Family, Immediate -Any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent, or parent of the owner. This definition shall automatically include any mandatory family member as defined in the Code of Virginia (1950, as amended), and shall not automatically include any elective family members as allowed in the Code of Virginia (1950, as amended). State law reference - Va. Code § 15.2-2244 Governing body: The Board of Supervisors of the County of Roanoke, Virginia. 7 Draft for Planning Commission Public Hearing 1/30/02 ti Health Official -The term "health official" shall mean the legally designated health authority of the state board of health for the county or his authorized representative. Such definition shall also apply to the term "health director," "director of public health," "health officer" or any other term of similar import. Official Property Identification Maps: The series of tax appraisal maps utilized by the Office of Real Estate Valuation for tax assessment purposes. Parcel: A piece of land shown with a separate identification on the official property identification maps. Also, „« interchangeable with "lot," "tract, plot," or other words defined as a piece of Ian . Person: Any individual, firm, corporation, partnership, joint venture, public or private corporation, association of persons, body politic, trust, estate, or other legal entity, or any agent of any of the foregoing. Plat: A survey prepared and sealed by a professional engineer or land surveyor licensed by the State of Virginia showing thereon a subdivision of land. Plat, Concept: A general drawing depicting a subdivision submitted to the agent by the subdivider before an official preliminary submission. Plat, Final: The plat of a proposed subdivision of land that has been preliminarily approved and signed by the agent as a preliminary plat, subsequently recorded or to be recorded with the Clerk's Office. Plat, Preliminary: A survey drawing of a proposed subdivision submitted for the purpose of obtaining provisional approval prior to the submittal of a final plat. Private Street: A vehicular way owned, operated, provided and maintained by an individual, developer, homeowners association or any other entity other than a local, state or federal government. Public Improvement: Any drainage structure, water and sewer system, storm water management area, or street for which the County or State may ultimately assume the responsibility for maintenance and operation, or which may effect an improvement for which local or state government responsibility is established. Public Street: A vehicular way owned, operated, provided and maintained by a local, state or federal government. The term "street" shall also include any suffixes used in the County's E-911 maintenance list. Resubdivision: Any adjustment or vacation of a boundary line or lines within a subdivision in accordance with the terms of this chapter. Right-of--way: A legally established area or strip of land on which an irrevocable public right of passage has been or is to be recorded, and which may be occupied or intended to be occupied by a street, utility service, water main, sanitary or storm sewer main, or other similar use. Site Plan: A schematic drawing of a proposed development or a subdivision including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space, public facilities and such information as may be required by the County's Land Development Procedures or this Ordinance. Also, Plan. Street: An area of travel used for the purpose of access and conveying vehicular traffic. It may also serve in part as a way for pedestrian or bicycle traffic. Also known as highway, avenue, boulevard, road, lane, alley, or any public way. Subdivider. Aor re euSed b'nlaw t 9 ommencer p~oceedinlgs urnder this chapger to effect a subdivision of land commencing, q Y hereunder for himself or for another. 8 Draft for Planning Commission Public Hearing 1/30/02 Subdivision: The division of a parcel of land into two (2) or more parcels of any size by the establishment of new boundary lines or by the adjustment, relocation, or vacation of existing boundary lines, for the purpose, whether immediate or future, of transfer of ownership or building development. A subdivision includes all changes in street or lot lines, and any portion of any such subdivision previously recorded in which building development or street creation occurs, or is required, subsequent to such recordation. The transfer of ownership of land to theS all not be deemed aglubd~is poas otherw sle'here nhdefined d the division of lands by court order or decree Subdivision Agenf: A duly authorized representative of the Planning Commission appointed by the Board of Supervisors to serve as its agent to administer and enforce the subdivision ordinance. Also, "agent." Subdivision, Major. A subdivision of five (5) or more lots. Subdivision, Minor. A subdivision of four (4) or fewer lots. Survey, ALTA/ACSM (American Land Title Association/American Congress on Surveying & Mapping): A plat generally prepared for le o in at doestnot require' the approvallof the agentd. includes an easement guarantee and title report. This typ p Survey, Boundary: A plat delineating the form, extent and position of a parcel of land. This type of plat does not require the approval of the agent. Vacation of Recorded Plat: The nullification of a previously recorded plat, or portion thereof, before or after the sale of any lot created therein. VDOT: The Virginia Department of Transportation Waiver: An exemption from or variation of the terms of this subdivision ordinance. ARTICLE IV. PLAT SUBMISSIONS 29-4 DIVISION 1. IN GENERAL 29-4.1 Submission of subdivision plat to agent (a} Whenever a subdivision is proposed to be made and before any conveyance of the subdivision as a whole or any part thereof is made, the owner or proprietor of a proposed subdivision, or his duly authorized representative, shall file a plat of the proposed subdivision with the agent for approval. The plat and all procedures relating thereto shall in all respects be in full compliance with the provisions of this chapter and all applicable laws and ordinances affecting or regulating the subdivision of land, the use thereof, and the erection of buildings or structures thereon. (b) All subdivision plats require the review and approval of the agent with the exception of those that show boundary or ALTA/ACSM surveys or those that show parcels meeting certain criteria such as utility and conservation lots. The agent must approve any exemption. The following note shall be placed on these plats: "This plat does not constitute a subdivision under the current Roanoke County Subdivision and/or Zoning Ordinances" (c) When the land proposed to be subdivided lies partly within the County and partly within an adjoining locality, the subdivision plat shall be submitted, reviewed and approved by the planning commission or other designated agent of each locality wherein the land is located. (d) Any change in a recorded subdivision plat that modifies, creates, or adjusts boundary lines in any manner and under the requirements provided herein constitutes a subdivision. This section applies to any subdivision plat of record, whether or not recorded before the adoption of a subdivision ordinance. Where a street, alley, easement for public passage, or other public area or easement laid out or described in such plat is affected, the plat, or pertinent part thereof, shall be vacated before resubdivision. 9 Draft for Planning Commission Public Hearing 1/30/02 ' ' ~~ 29-4.2 Minor subdivision lat to the agent for review. An applicant for a subdivision cr mating flair the applicant shalllssbbmtit a final (plat to the agent for review and After the approval of the prelim ry p approval. 29-4.3 Major subdivision lat and a site plan that An applicant for a subdivision Iroeating five or more lots shall submit a preliminary p ment or a subdivision including all covenants, grants or ease ennspace, shows the proposal for a deve p ro osed other conditions relating to use, location and bulk of buildinghedS bd v s on ordinancetto wh chnthe p p uired by lat and plan, the applicant shall public facilities and such other information as req royal of the preliminary p development or subdiv~lan to the aJgentforerevhew apd approval. submit a final plat and p 29-4.4 Family Exempt Subdivision ift to a member of the immediate ur ose of sale or g lat to the agent for review. Specific requirements are set out in this An applicant for a subdi~eliminaryrpate a parcel for the p p family shall submit a p royal. ordinance and must be followed to obtain final plat app oses consistent with the objective of enhovernmtent The subdivider must subdivide his real estate for pure ersons free of g laces upon the disposition of family estates between living p g ert interests values society p re ulation, such as keeping the family estate within the immediate fau ilyOSenofpshort terml P estment. The g that the proposed family from one living family member to another, leteeaffidavitsoswear'ng and affirming ' 'on is not for the purpose of circumventing tfoe requirements of this ordinance and must aye subdivider/grantor and the grantee must comp re final lat approval can be obtained. subdivisi ent be proposed deed prepared and presented to the ag 29-4.5 Series of minor subdivision plats ear eriod The a determine that a series of matsr subdivision plats submitted during a minty ublic road ent may relates to the same parcel or parcels. Should the series g constitutes a major subdivision if the series o p determine that the series of plats h sical improvements including, but not limited to, storm water manageme , of plats require any p Y ublic water and/or sewer, the agent may rocess for the improvements, or the extension of p in fact constitutes a major subdivision. If so, he shall require the subdivider to follow e P review of major subdivision plats. in subdivision plats after approval 29-4.6 Chang' 9 royal y reliminary or final plat of a subdivision, after app rove No change, erasure or revision shall be made on an p the a ent, unless the agent has granted authoriSaclearlormarkedhas aerevised plat and intcludesethe date of by g roved lat unless it Y a revision of a previously app P and reason for the revision. 29-5 DIVISION 2. CONCEPT AND PRELIMINARY PLATS lat review 29-5.1 Process of review - Concept p ro osed schedule a conference with the agent to review a concept sketch for a p p ' ion in order to determine whether the sketch go nerally meets the requirements of the Zoni og an The applicant may r issues raised by the proposed subdivision. a ho subdivis reliminary appr Subdivision Ordinances, and to identify any concerns agent's comments on the sketch shall be informal, and shall not constitute a formal p disapproval of the subdivision plat. 29-5.2 Concept sketch standards The concept sketch shall conform to the following guidelines: 10 Draft for Planning Commission Public Hearing ^*~ ` ~' 1/30/02 ' dimensions of all streets entering the property, adjacent to the property or (a) Include the name, location, ert to be subdivided; terminating at the boundary of the prop Y roximate gradients, (b) Show the approximate location of natural features, such as slopes with app watercourses; (c} Include approximate dimensions of existing and proposed property lines; (d) Show existing utilities and easements. 29-5.3 Process of Review - PreliminarylFinal Plat Review •ew fee shall be deemed (a) (b) (c) lat acce ted for review and accompanied by the subdivision revs u-ations. A preliminary p p Plats may be submitted digital) in accordance with County reg Y officially submitted to the County. relimina lat for conformity witdh S°of submissions Inrthe event The agent is authorized to review the preliminary plat within sixty (60) Y the agent shall The agent shall complete action on a p relim nary plat by a state agency is necessary, that approval of a feature or features of a p enc or agencies for review. Requirements for forward the preliminary plat to the appropriate state ag Y w including time limitations, shall be in accordance with the provisions of Section 15.2-2260 oft e revie , Code of Virginia (1950, as amended). licant. The agent shall address any items required for final plat approval in writing to the app the preliminary plat (i} The final plat must be recorded in the Clerk's Office mohn hs,l the agent's approval shall be deemed signatur n and thelfinalpp atlshalltbe nulaaad voted six (6) withdraw ies of the recorded minor subdivision plat must be returned to the After recordation, three (3) paper cop' U) lar or black line copy of a recorded major subdivision plat must be returned to the agen . agent; one My of the written notification or resubmission of the plat will be necessary and payment of new re a er copy P lar, vellum, or black line p p royal (e) Once the items have been addressed, the a plicant shall submit a my ent's app of the final plat with original signatures of the owners and land surveyor for the ag signature. The statement of consent to subdivision is set fo Inh ~ described land (hereminsert a' co ect descriPt ° ned (f} the plat: "The platting or dedication of the follow g the land subdivided) is with the free consent tatement shaldl be signed and duly acknohwledged before owners, proprietors, and trustees, if any. The s an officer authorized to take acknowledg5 2 2264 deeds. State law reference - Va. Code § rofessional lat which is intended for recording shall be prepared by a licensed p (g) Every final subdivision p en ineer or land surveyor, who shall endorse up°d and the place o'f record of the Iastninstrulmentrt fthe 9 source of title of the owner of the land subdivi e chain of title. When the plat is of land ac at red from more than one source of title, the outlines o several tracts shall be indicated upon the p 15.2-2262 State law reference - Va. Code § the a ent reviews the final plat and finds it toit has been offic ally subm tted oa resubmitted for (h) Once 9 s after ordinances, it must be signed within sixty (60) day approval. royal 6 months of the agent's app (d) These items must be addressed within six (6) months shall be deemed null and void. Should this occur, a view fees may be required. 11 Second Reading Board of Supervisors Public Hearing February 26, 2002 29-5.4 Size, information, and requirements for apreliminary/final plat 7~ (a) Each parcel, with the exception of utility, conservation, and parcel created to serve as a private road must have an appropriate building envelope. (b) Where public utilities are unavailable, each parcel shall pass a soil evaluation test for the installation of an onsite septic system and drainfield, and have a suitable location for a well contained on the lot it serves. The specific regulations governing septic systems and wells can be found in the Commonwealth of Virginia State Board of Health Sewage Handling and Disposal Regulations and Private Well Regulations, as amended. Parcels may be exempted from the soil evaluation and well requirements in special circumstances such as in the creation of utility, conservation, and parcels created as private roads. (c) All preliminary plats submitted for final approval shall be eighteen (18) by twenty-four (24) inches and drawn to a scale no smaller than 1"=100' unless otherwise approved by the agent. (d) There shall be a reasonable fee charged for the review of a preliminary plat. Such fee schedule shall be established by resolution of the Board and a copy shall be maintained in the agent's office. The plat review fee shall be paid prior to final plat approval. (e) Plat standards shall generally conform to The. Library of Virginia Standards and Guidelines for Microfilm, Plats, Instruments, and Circuit Court Records. (f) All distances and areas shown on a plat shall refer to measurement in a horizontal plane. (g) Both the preliminary and final plats shall demonstrate compliance with the requirements of the County of Roanoke Zoning Ordinance and this chapter. They shall contain the elements as shown in Table 1 below, unless otherwise directed by the agent. Table 1 Subdivision name. Name of the subdivider. Name of the surveyor or engineer. Surveyor's professional seal signed with a permanent marker. II owners, trustees, and beneficiaries must sign the plat with a permanent marker; signatures must be acknowledged by a notary public. If the plat is drawn from record or from a current field survey. Ori final tax map numbers and tax ma numbers assigned to new lots. II monuments and iron pins. Deed references. Date of the plat. Magisterial district. legend. he scale. Boundary coordinates. Bearings and distances of all boundaries. Labeled lots. creage or area of all new tracts, including common open space, park, or public lands, and the remaining tract. II adjacent property owners, deed book and page references, lots, blocks, section numbers and the County's tax map numbers. Identification of graves, objects, or structures marking a place of human burial. vicinity map with a north arrow. north arrow that references either true or magnetic meridian. II existing building structures showing setbacks to nearest property line. Show and name all natural watercourses. Note the following on the plat: "This property is/is not located in a special flood hazard area designated as Zone 'X.' This determination is based on the current FEMA Flood insurance rate ma sand has/has not been verified b actual field elevations." Show FEMA Map Number or Community Panel Number and FEMA flood hazard zone. 1~ `Draft for Planning Commission Public Hearing 1/30/02 " pow FEMA Map Number or Community Panel Number and FEMA flood hazard zone. ~pography map on a suitable scale and contour intervals when required by the agent. how a signature and date blank for the agent, Roanoke County Planning Commission. lat: '?he watercours 'cable the surveyor must determine whether the natu0ral watercourse(s) adjacent to or on this site drains an upstream area of greater t an -ear floodptain on each lot and add the following n d anoe evation certificate may b there apph 00 acres. If so, the surveyor must show the elevation of the 1 y Tossing this property drains an upstream area of greater than 100 acres. A detailed flood study must be made a of Roanoke Subdivision ~~ and the County e uired before an buildin ermits can be issued on this roe ihow the statement of consent to subdivisions from the State Code of Virginia, 1950 (as amended), ~mpliance with the, ordinance reference. livable to the dote the following on the plat: "Approval hereof by the Roanoke County Subdivision Agent is for the purposes of ensunng ke County Subdivision Ordinance. Private mattersith reh a do his subd vis on orr'resubdivision.'ts or other title requirements, app ~oano pro erties shown hereon, are not reviewed or a prove w The general locations of existing draeRfi be n a usedSe e e convent onap!' nonlconbentional Opel of the Virgiroa Department of Health and/or an authorizes note statin the a of se tics s note stating "All lots shown on this subdivision plat have been evaluated by the personn ' evaluator and have met the criteria as set forth in is of ible ffor a selttic f ermit is Sewage Handling and Disposal Regulations entitle nsite soil ode of Vir inia, as amended to date, and each lot or parcel i 9 ny non-public means of water service. ny existing or proposed public utility or other easements and a dedication statement. or roposed private utility or other easements andrivatetement describing which easements serve which lots. If any water meters an c easements ma be re uired to rovide service to the newt confi ured lots. ny existmg p ewer lateral connections were set at old roperty lines. lakesPgreenways, etc. Other important features such as railroad rights-of-way, cress easements from the public right-of-way to the created tract(s). II parcels of land designated, or reasonably expected to be required, f iheuVDOT reet widening shall be dedicated. nd its maintenance, includi that will be accepted by dedication statement for street rights-of-way For private access easements, show the following note on each sheet of the plat: 'The road serving this lot is priva e ' res onsibility. It shall not be eligible for acceptanceDe to the state secondary system for maintenance until such time artment of Transportation for the addition of subdivision stre~ now removal, is not a public P lies with all requirements of the Virgirna P he time of such request. Any costs required to ca nt f Trans eortat on~me eligible for addition mto the state system shall be provi e ~ it is constructed and otherwise come • current at t unds other than those administered b the Vir inia De artme he names and VDOT route numbers for all existing, platted, esdrPrtive easementsif one exists. idth of existing, platted, and proposed streets indicating a p P number -and is not to be used as a sepal livable, a note stating that 'Tax map number _ is to be added and combined with tax map If app buildin lot." lats may show the following note on the plat and will not require the signature of the agent: "This sup Plats showing Boundary and ALTA/ACSM p oes not constitute a subdivision under the current Roanoke Count Subdivision and/or Zoning Ordinance. the Family Exemption provision, in addition to the above requirements, the If a proposed subdivision is using requirements shown in Table 2 must also be included. Table 2 to stating "Approval of this subdivision is subject toi ha endition that the parcel subdivided can only be conveyed to a member of the imme as amended, and the Code of Virginia, as amended. Conveyance to any other pei no amity as set forth in Roanoke County's Subdivision Or to subsequent reconveyance.' interests from r entity voids approval. This restriction does not app y ffidavits that are available in the Development Rose of short to m investmentfamily subdivision is for the passing of real property • anvil member to another, rather than for the u copy of the proposed deed(s) from one family member to the other. description of the family relationship in the consent statement or the following shown and notarized on the plat: is my legal- New tract _is being conveyed to .I ~_, do hereby certify that ____ 29-5.5 Term of validity of preliminary plat royal of the preliminary plat within which to file a The subdivider shall have six (6) months from the date of app this cha ter for the subdivision or section final plat meeting all of the submittal requirements established by to do so shall make the preliminary plat approval null and void and will require a new thereof. Failure submittal and approval. 13 Draft for Planning Commission Public Hearing 1/30/©~ .,~ ; :~~ 29-5.6 Appeal of failure to act on preliminary plat If the agent fails to approve or disapprove the preliminary plat within ninety (90) dgys afte ~it etition the officially submitted for approval, the subdivider, after ten days' written notice to the a ent, ma p royal of circuit court to enter an order with respect thereto as it deems proper, which may include directing app the plat. State law reference - Va. Code § 15.2-2260 29-5.7 Appeal of disapproval of preliminary plat If the agent disapproves a preliminary plat and the subdivider contends that the disapproval was not properly based on the ordinance appll heae and dete~m ne the case as soon aIS may be.aThe appealtmustrbelfiled with the County, which court shal the circuit court within sixty (60) days of the written disapproval by the agent. State law reference - Va. Code § 15.2-2260 29-6 DIVISION 3. FINAL PLATS 29-6.1 Deadline for filing final subdivision plat for major subdivisions The subdivider shall file with the agent the final plat meeting the standards of this ordinance for all, or for one or more sections of, the subdivision within six (6) months of the agent's approval of the preliminary plat. For good cause, and with satis ion o'f this geriod Ifor up to sax (6) monrths ss being demonstrated to the agent, the agent may grant one extens p 29-6.2 Final plat documents submitted prior to approval (a) The final subdivision plat, including the final plat for each phase of a multi-phase development, shall demonstrate compliance with this chapter, the Zoning Ordinance and other applicable County ordinances. (b) The agent shall not approve a final plat until any necessary deed of dedication has been submit~ode~d approved by the County attorney. A deed of dedication is required to convey title to any p p Y, including parkland and pump station sites, to the County. Where appropriate, the agent shall not approve a final plat until any required deeds of easement to the County are submitted and approved by the County any easement for public utilities, or any attorney. A deed of easement is not required to convey streets, easement for the transmission of stormwater, domestic water or sewage, shown and dedicated, or to be dedicated by the final plat within the boundaries of the subdivision. (c) The agent shall not approve a final plat until any necessary subdivision or other performance agreements have been executed and submitted, together with an approved form of guaranty, promising to construct all required improvements in a timely manner and in accordance with County specifications, and have been approved by the County attorney. The Roanoke County Bonding Policy and Section 15.2-2245 of the Code of Virginia (1950, as amended) are hereby incorporated by reference for the County requirements pertaining to the guarantee of completion of all public improvements, provisions for the periodic partial and final releases of performance guarantees, and procedures for enforcement and collection. (d) The agent shall receive any payment due for the fabrication and installation of street name and traffic regulatory signs prior to the approval of the final plat. 29-6.3 Disapproval of final plat. In case of disapproval of a final plat, the agent shall notify the subdivider in writing, either by a separate document or on the plat itself, stating the specific reasons for disapproval, including identification of deficiencies in the plaal berms such mod fcatio~ns or cordreptfons as will permi gapproval of thelplat if any. agent shall provide m gene State law reference - Va. Code § 15.2-2259 14 Draft for Planning Commission Public Hearing 1/30/x2 ,~, 29-6.4 Effect of approval on final plat (a) Only a final subdivision plat approved by the agent may be recorded in the Clerk's Office. Boundary and ALTA/ACSM plats do not require the approval of the agent. Upon review, the agent may exempt other plats, as appropriate. (b) An approved final plat must be recorded in the Clerk's Office within six (6) months of the date of approval. However, in any case where construction of facilities to be dedicated for public use has commenced pursuant to an approved plan or permit, with surety approved by the agent or with surety furnished pursuant to the Roanoke County Bonding Policy, the time for plat recordation shall be extended to one year after final approval or to the time limit specified in the surety agreement, whichever is greater. State law reference - Va. Code § 15.2-2241(8) (c) In any case where a deed of dedication accompanies the final plat, both the final plat and the deed of dedication shall be recorded contemporaneously. (d) The subdivider shall record any required deeds of easement to a homeowner's association contemporaneously with the final plat. (e) No permit or other approval authorizing the erection of any building or structure to be located in any subdivision, a plat of which is required pursuant to the provisions of this ordinance, shall be issued by the building commissioner until such plat has been admitted to record as provided for in this ordinance. (f) If the subdivider fails to timely record the final plat, then the approval shall be null and void and the subdivider shall return the plat to the agent so that it may be so marked. State law reference - Va. Code § 15.2-2241(8) 29-6.5 Recordation in phases If a developer records a final plat which may be a section of a subdivision as shown on an approved preliminary plat and furnishes to the governing body a certified check, cash escrow, bond, or letter of credit in the amount of the estimated cost of construction of the facilities to be dedicated within said section for public use and maintained by the locality, the Commonwealth, or other public agency, the developer shall have the right to record the remaining sections shown on the preliminary plat for a period of five years from the recordation date of the first section, or for such longer period as the agent may, at the approval, determine to be reasonable, taking into consideration the size and phasing of the proposed development, subject to the terms and conditions of this subsection and subject to engineering and construction standards and zoning requirements in effect at the time that each remaining section is recorded. State law reference - Va. Code § 15.2-2241 29-6.6 Effect of recordation of approved plat (a) The recordation of an approved plat shall operate to transfer, in fee simple, to the County the portion of the premises set apart for streets or other public use, and to transfer to the County any easement indicated on the plat to create a public right of passage over the land. The recordation of such plat shall operate to transfer to the County such easement shown on the plat for the conveyance of stormwater, domestic water and sewage, including the installation and maintenance of any facilities utilized for such purposes, as the County may require. (b) When the agent approves, in accordance with this ordinance, a plat or replat of land, then upon the recording of the plat or replat in the Clerk's Office, all rights-of-way, easements or other interest of the County in the land included on the plat or replat, except as shown thereon, shall be terminated and extinguished. However, an interest acquired by the County by condemnation, by purchase for valuable consideration and evidenced by a separate instrument of record, and streets and/or easements for public passage shall not be affected thereby, subject to the provisions in Sections 29-17.1 and 29-17.2 of this ordinance and Sections 15.2-2271 and 15.2-2272 for the vacation of plats. State law reference - Va. Code § 15.2-2265 15 Draft for Planning Commission Public Hearing 1/3002 tt 29-6.7 Appeal of failure to act on final plat If the agent fails to approve or disapprove a final plat within sixty (60) days after it has been officially submitted for approval, the subdivider, after ten days' written notice to the agent, may petition the circuit court to decide whether the plat should or should not be approved. The court shall hear the matter and make and enter an order with respect thereto as it deems proper, which may include directing approval of the plat. State law reference - Va. Code § 15.2-2259 29-6.8 Appeal of disapproval of final plat If the agent disapproves a final plat and the subdivider contends that the disapproval was not properly based on the ordinance applicable thereto, or was arbitrary or capricious, he may appeal to the circuit court within sixty (60) days of the written disapproval. The court shall hear and determine the case as soon as may be. State law reference - Va. Code § 15.2-2259 29-7 - 29-9 Reserved ARTICLE V. STANDARDS 29-10 DIVISION 1. GENERAL REQUIREMENTS (a) In addition to the requirements established by this ordinance, all subdivision plats shall comply with all applicable chapters of the County Code, County Zoning Ordinance, County Land Development Procedures, County Water and Sewer Regulations, County Stormwater Management Ordinance, Commonwealth of Virginia State Board of Health Regulations, VDOT standards, and any other applicable federal, state, or local requirements. (b) Monuments shall be set by the subdivision owner or proprietor or his agent as required by the agent and shown on the final plat. 29-11 DIVISION 2. STREET REQUIREMENTS Unless otherwise noted, any reference to "street" in this chapter shall refer to a publicly maintained street. (a) Right-of-way widths shall be as required by the Virginia Department of Transportation. The setback or building line shall conform to the requirements of the zoning regulations of the County for the district in which the subdivision is located. (b) All newly created dead-end public streets shall terminate in a circular right-of-way with a minimum radius not less than fifty (50) feet. (c) As far as practicable, all proposed streets shall be continuous and made to connect with existing streets without offset. (d) No new lot shall embrace any portion of a public street. (e) In general, side lot lines shall be at right angles or radial to street lines. (f) Reserved strips restricting access to streets, public ways and easements shall not be permitted. (g) Where practicable, the center lines of all intersecting streets shall meet in a common point and shall intersect one another as near to a right angle as it is practicable in each case. (h) Whenever a proposed subdivision abuts a road that is included in the state system of primary highways as designated by VDOT, an access road extending for the full length of the subdivision along such highway and providing limited access thereto may be provided at a distance suitable for the appropriate use of the land between such access road and highway. 16 Draft for Planning Commission Public Hearing 1/30/S2 ~` (i) Street names shall be shown on the preliminary and final plats and shall be approved by the agent. Proposed streets that are in alignment with existing streets shall bear the name of the existing street. In no case shall the name of the proposed streets duplicate or be similar, literally or phonetlacey lane xcourt street names, regardless of the use of the terms street, avenue, boulevard, driveway, p or other suffixes approved by the County for E-911. Any street that is a prolongation or approximately a prolongation of an existing street shall be given the same name. Names of existing streets shall not be changed except by the approval of the County. Q) Except as provided in subsection (i) of this section, no street shall be designated by the same name as that heretofore borne by any other street in the region as determined by the agent, irrespective of the use of any suffix. (k) The subdivider shall make a provision for the dedication to the County of Roanoke of proposed street extensions transferring the fee simple title to land for public streets. These proposed streets shall conform to the duly adopted standards relating to the street design and construction, established in the VDOT of Transportation Subdivision Street Requirements and the County's Public Street and Parking Design Standards and Specifications Manual. (I) Street name and traffic regulatory signs of a design approved by the County and VDOT, as required, shall be installed at the owner's expense at all street intersections if deemed necessary by these entities. (m) Private road subdivisions shall only be permitted in accordance with the zoning ordinance in zoning districts that permit such subdivisions. 29-12 DIVISION 3. STORMWATER MANAGEMENT REQUIREMENTS (a) Streets, pedestrian paths, and greenways shall be designed to minimize their potential for increasing and aggravating the flood level. (b) A drainage system shall be provided for by means of culverts under roadways, outlet drains, necessary head walls, easement for drainage through adjacent properties and other structures that are necessary to provide adequate drainage of both natural and storm water for all streets and adjoining properties. (c) Land in the floodplain overlay district of the zoning ordinance and land deemed to be topographically unsuitable because of flooding shall not be platted for residential occupancy or for such other uses that may increase danger to health, life or property, or cause erosion or flood hazards. Such land within the subdivision shall be identified on the plat as flood hazard areas. (d) All developments shall comply with the County Stormwater Management Ordinance. 29-13 - 29-15 Reserved ARTICLE VI. REPEATS AND VACATIONS 29-16 DIVISION 1. REPEATS 29-16.1 Relocation or vacation of boundary lines (a) Any subdivision plat recordation or part thereof, having been recorded, may be vacated in accordance with the provisions of the Code of Virginia (1950, as amended). (b) The boundary lines of any lot or parcel of land may be relocated or otherwise altered as a part of an otherwise valid and properly recorded plat of subdivision or resubdivision approved by the agent and executed by the owner or owners of such land with their free will and consenubl chor other easements oe relocation or alteration of streets, alleys, easements for public passage, p utility rights-of-way without the express consent of all persons holding any interest therein. 17 " Draft for Planning Commission Public Hearing 1/3rJ/02 . '.~ 29-17 DIVISION 2. VACATIONS 29-17.1 Vacation of plat before sale of lot therein by the owners; ordinance of vacation. Where no lot has been sold or transferred, a recorded plat, or part thereof, may be vacated in accordance with the provisions of Section 15.2-2271 of the Code of Virginia (1950, as amended). State law reference - Va. Code § 15.2-2271 29-17.2 Vacation of plat after sale of lot; ordinance of vacation. In cases where any lot has been sold or transferred, a recorded plat, or part thereof, may be vacated in accordance with the provisions of Section 15.2-2272 of the Code of Virginia (1950, as amended). State law reference - Va. Code § 15.2-2272 29-17.3 Effect of vacation of plat after lot has been sold (a) The recordation of the instrument or ordinance as provided in Section 15.2-2272 of the Code of Virginia, shall operate to destroy the force and effect of the recording of the plat or part thereof so vacated, and to vest fee simple title to the centerline of any streets, alleys or easements for public passage so vacated in the owners of abutting lots free and clear of any rights of the public or other owners of lots shown on the plat, but subject to the rights of the owners of any public utility installations which have been previously erected therein. (b) If any street, alley, or easement for public passage is located on the periphery of the plat, the title for the entire width thereof shall vest in the abutting lot owners. The fee simple title to any portion of the plat so vacated as was set apart for other public use shall be revested in the owners, proprietors and trustees, if any, who signed the statement of consent to the subdivision, on the final recorded subdivision plat, free and clear of any rights of public use in the same. A plat must be prepared and reviewed at the owner's expense and recorded in the Clerk's Office combining the vacated portion with the subject property. State law reference - Va. Code § 15.2-2274 29-18 - 29-20 Reserved ARTICLE VII. ORDINANCE ADOPTION AND AMENDMENTS 29-21 DIVISION 1. ADOPTION In order to effectuate the provisions of this chapter, the Board may adopt by resolution regulations and policies that shall have the force of law. These regulations shall include, among other things, standards for the implementation of the various sections of this chapter and may include other policies, criteria, standards and regulations to implement the provisions of the Subdivision Ordinance and Zoning Ordinance. 29-22 DIVISION 2. AMENDMENTS Nothing contained herein shall prevent the Board from considering and adopting amendments to this ordinance at any time it is deemed appropriate. 29-23 - 29-25 Reserved 18 February 26, 2002 ~~ 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) That Betty J. Henderson shall be the sole provider of hair care services at this location and may only do so as long as she is a full time resident of 5704 Malvern Road. (2) The salon shall be limited to one chair only. (3) The retail sale of supplies shall be prohibited. (4) This special use permit shall be for a period of one year and may be renewed administratively for successive one-year periods provided the applicant has complied with these conditions and the use and design standards and the zoning administrator has not received written complaints from adjoining residents. (5) Customer parking will be provided on the property. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Flora to adopt the ordinance with Condition #5 added, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 2. Second reading of ordinance repealing Appendix B. Subdivisions in its entirety and adopting Chapter 29 Subdivisions, of the Roanoke County Code. (John Murphy, Associate Planner) 0-022602-9 Mr. Murphy advised that staff has been working on revising this ordinance for a year and has received comments from engineering firms, County departments, state 96 February 26, 2002 agencies and the Roanoke Regional Home Builders Association. The Planning Commission held a public hearing on the proposed subdivision ordinance on February 5, 2002, and recommended approval of the ordinance. Since the first reading of the ordinance on February 12, 2002, there has been one revision to Page 12, Chapter 29-5.4, paragraph B. This has been modified from originally asking for 100% reserve area for the drain fields and was revised to be in compliance with State regulations after discussion with the Roanoke Regional Homebuilders Association Mr. Joe Miller, 2812 Longview Avenue, Roanoke Regional Homebuilders Association, thanked the staff for letting them review and comment on the draft ordinance and asked that Board adopt the ordinance as written. Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None ORDINANCE 022602-9 REPEALING APPENDIX B. SUBDIVISIONS. IN ITS ENTIRETY AND ADOPTING CHAPTER 29. SUBDIVISIONS. OF THE ROANOKE COUNTY CODE WHEREAS, upon the request of the Roanoke County Planning Commission a complete rewrite and revision of Roanoke County's Subdivision Ordinance is appropriate and necessary due to significant changes in the enabling legislation of the Commonwealth of Virginia and complimentary development ordinances of the Roanoke County Board of Supervisors; and WHEREAS, this ordinance has been developed with significant contributions from the professional engineering and surveying community, State agencies, and the Roanoke Regional Homebuilders' Association; and February 26, 2002 ~~ WHEREAS, this ordinance enhances customer service through the use of current technology for electronic submittals; and WHEREAS, the Planning Commission held a public hearing on this ordinance on February 5, 2002; and the Board of Supervisors held the first reading of this ordinance on February 12, 2002, and held the second reading and public hearing on February 26, 2002; public notice having been given as required by law; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Appendix B. Subdivisions of the Roanoke County Code be, and hereby is, repealed in its entirety. 2. That Chapter 29. Subdivisions as set out below be, and hereby is adopted in its entirety. 3. That this ordinance shall be in full force and effect from and after its adoption. A certified copy of this ordinance shall be maintained and on file in the office of the Clerk to the Board of Supervisors of Roanoke County and a certified copy shall be filed in the Clerk's Office of the Circuit Court of Roanoke County, Virginia. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None IN RE: CITIZEN COMMENTS AND COMMUNICATIONS James Garris, 3108 Honeywood Lane, spoke of his concerns about traffic backup on Route 220 South from 581 through the Clearbrook community. He suggested that Roanoke City, the County and businesses put up equal shares to add two lanes each way since the Virginia Department of Transportation has budget concerns, and he suggested that a link be put on the Roanoke County home page for citizen input and information about any citizen meetings. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS ,raft for Planning Commission Public Hearing 1/30/02 ,~h: ~*. Roanoke County Subdivision Ordinance 2002 Bvaft for Planning Commission Public Hearing 1/30/02 «,. ~" Subdivision Ordinance from Chapter 29 of the Roanoke County Code Table of Contents Article I. Title and Purpose Section 29-1 Division 1. In General Page # 4 29-1.1 Title 4 29-1.2 Purpose 4 29-1.3 Jurisdiction and applicability of chapter 4 29-1.4 Relationship to zoning ordinance 5 Article II. Administration Section 29-2 Division 1. In General 5 29-2.1 Agent 5 29-2.2 Regulations 5 29-2.3 Authority and process to grant a waiver or variation of the subdivision 6 ordinance 29.2.4 Appeal of Decision of Commission 6 Article III. Definitions Section 29-3 Division 1. Definitions 7 Article IV. Plat Submissions Section 29-4 Division 1. In General 9 29-4.1 Submission of subdivision plat to agent 9 29-4.2 Minor Subdivision 10 29-4.3 Major Subdivision 10 29-4.4 Family Exempt Subdivision 10 29-4.5 Series of minor subdivision plats 10 29-4.6 Changing subdivision plats after approval 10 29-5 Division 2. Concept and Preliminary Plats 10 29-5.1 Process of review -Concept plat review 10 29-5.2 Concept sketch standards 10 29-5.3 Process of Review -Preliminary/Final Plat Review 11 29-5.4 Size, information, and requirements for apreliminary/final plat 12 29-5.5 Term of validity of preliminary plat 13 29-5.6 Appeal of failure to act on preliminary plat 14 29-5.7 Appeal of disapproval of preliminary plat 14 29-6 Division 3. Final Plats 14 29-6.1 Deadline for filing final subdivision plat for major subdivisions 14 29-6.2 Final plat documents submitted prior to approval 14 29-6.3 Disapproval of final plat 14 29-6.4 Effect of approval on final plat 15 29-6.5 Recordation in phases 15 29-6.6 Effect of recordation of approved plat 15 29-6.7 Appeal of failure to act on final plat 16 29-6.8 Appeal of disapproval of final plat 16 29-7 - 29-9 Reserved 16 2 Draft for Planning Commission Public Hearing 1/30/02 ~~ _ Article V. Standards Section 29-10 Division 1. General Requirements 16 29-11 Division 2. Street Requirements 16 29-12 Division 3. Stormwater Management Requirements 17 29-13 - 29-15 Reserved 17 Article VI. Replats and Vacations Section 29-16 Division 1. Replats 17 29-16.1 Relocation or vacation of boundary lines 17 29-17 Division 2. Vacations 1g 29-17.1 Vacation of plat before sale of lot therein by the owners; 18 ordinance of vacation 29-17.2 Vacation of plat after sale of lot; ordinance of vacation 18 29-17.3 Effect of vacation of plat after lot has been sold 18 29-18 - 29-20 Reserved 1 g Article VII. Ordinance Adoption and Amendments Section 29-21 Division 1. Adoption 18 29-22 Division 2. Amendments 18 29-23 - 29-25 Reserved 1 g 3 Draft for Planning Commission Public Hearing -. ,., ' 1/30/02 a~ ~`. ARTICLE I. TITLE AND PURPOSE 29-1 DIVISION 1. IN GENERAL 29-1.1 Title This ordinance shall be known and cited as the "Subdivision Ordinance of the County of Roanoke, Virginia," or the "Subdivision Ordinance," "this Ordinance," or "this Chapter." The provisions of this ordinance shall apply to all property within the County of Roanoke, Virginia, including any property within the County that may be assessed in an adjoining jurisdiction and excluding any property within the incorporated Town of Vinton, Virginia. 29-1.2 Purpose The purpose of this ordinance is to establish procedures and regulations for the subdivision of land within the limits of the County, and to accomplish the objectives listed below: (a) To achieve the orderly development of land through reasonable standards of design and procedures for subdivision and resubdivision of land; and ensure proper legal description. (b) To protect and provide for the public health, safety and general welfare. (c) To guide future growth and development in accordance with the policies of the comprehensive plan, applicable zoning regulations and other adopted policy documents of the County. (d) To coordinate proposed public facilities and streets in new subdivisions with existing public services in a manner that minimizes adverse effects on adjacent or nearby neighborhoods. (e) To reduce and prevent water pollution and flooding. (f) To ensure appropriate development with regard to natural resources and open space, which will contribute to the beauty of the community and value of the land 29-1.3 Jurisdiction and applicability of chapter (a) This chapter shall constitute the comprehensive regulations governing any and all subdivisions of land located within the County occurring on or after the effective date of this ordinance. No land may be subdivided using any legal description other than with reference to a plat approved by the subdivision agent in accordance with this chapter. (b) No existing subdivision shall be modified except with the agent's approval in accordance with this and other applicable ordinances of the County. (c) The provisions of this chapter shall not apply to any subdivision for which a currently effective preliminary plat was approved on or before the effective date of this chapter. These subdivision plats shall be reviewed and acted on under the applicable prior subdivision ordinance. Any subdivision for which a preliminary or final plat has received written approval prior to the effective date of this chapter and for which a final plat for the subdivision or a section thereof is recorded within six (6) months of the date of such approval, may be developed in accordance with the subdivision ordinance in effect on the date of such approval. (d) This ordinance shall govern all residential and nonresidential subdivisions. (e) Any reference to this ordinance includes all ordinances amending it. 4 DYaft for Planning Commission Public Hearing 1/30/02 29-1.4 Relationship to zoning ordinance The zoning ordinance and zoning map shall control the type and intensity of use of all property within the County. Particular reference is made in the zoning ordinance to the minimum lot sizes, setback requirements, road frontage and use restrictions for all zoning districts; the zoning ordinance shall be controlling as to all such matters. ARTICLE II. ADMINISTRATION 29-2 DIVISION 1. IN GENERAL 29-2.1 Agent (a) The Director of Community Development is hereby appointed by the Board to be the County's Subdivision Agent to administer and enforce this ordinance. The Board may appoint, or revoke appointments of, such additional individuals, as it may deem appropriate to serve as a subdivision agent. The agent's approval, disapproval, or other action shall be that of the governing body. (b) The agent shall exercise authority to review, approve and disapprove the concept, preliminary, and final plats for the subdivision of land within the portions of the County as stated in the title of this chapter. (c) The agent may call for opinions or decisions, either oral or written, from other departments or agencies in considering details of any submitted plat. (d) The agent may establish any reasonable administrative procedures deemed necessary for the proper administration of this ordinance. 29-2.2 Regulations (a) No person shall subdivide any tract of land that is located within the jurisdiction of the County except in conformity with the provisions of this ordinance and any other applicable County ordinances. (b) No person shall subdivide land without making and recording a plat of such subdivision and without fully complying with the provisions of this subdivision ordinance and of general law. (c) No such plat of any subdivision shall be recorded unless or until it shall have been submitted to and approved by the agent. (d) No person shall sell or transfer any land of a subdivision before a plat has been approved and recorded as provided herein unless such subdivision was lawfully created before the adoption of this ordinance or any predecessor subdivision ordinance. Nothing herein shall be construed as preventing the passage of title to property that has not been legally subdivided. (e) Any person violating the foregoing provisions of this section shall be subject to a fine of not more than five hundred dollars ($500.00) for each lot or parcel of land so subdivided, transferred or sold; and the description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies herein provided. (f) The agent and County attorney, or his designee, may take such other legal action as may be necessary to enforce the provisions of this ordinance, including suit for injunction, for abatement or restraining order or other appropriate proceeding. (g) The agent, before finally approving any subdivision plat, may personally inspect the proposed subdivision on the ground. Upon approving such final subdivision plat, the agent shall clearly endorse his approval thereon. State law reference - Va. Code § 15.2-2254 5 Braft for Planning Commission Public Hearing 1/30/02 ,,,,r• 29-2.3 Authority and process to grant a waiver or variation of the subdivision ordinance (a) In cases of unusual situations or where strict adherence to the general regulations in this ordinance would result in a substantial injustice or hardship to the applicant, the Commission may vary or waive any of the County standards in this ordinance, under the terms, procedures, and conditions established in this section. A variation or waiver may be permitted if, in the opinion of the Commission, exceptional topographic conditions or other extraordinary or unusual conditions necessitate such. No waiver shall be granted which would be illegal, in contravention of any mandatory provisions of state or federal laws or regulations, or prejudicial to the health and safety of County citizens. (b) If a violation or error that is not in accordance with the approved standards is noted during the plat review process, the applicant will be notified through the normal review procedure. The applicant shall submit any request for a variation or waiver, in writing, within sixty (60) days of the date of such notification. If the applicant requests a waiver or variance, the review process will cease until the waiver process is finalized. (c) The applicant shall submit to the agent, with the appropriate application fee, a written request for a variation or waiver of a requirement, stating the requested relief and the reasons the request should be granted. The applicant shall examine and submit to the agent alternative methods to attempt to comply with the intent of that requirement. Any supportive drawings, maps, plans, or other information necessary to review the request must be submitted to the agent. The agent will transmit the application with the supporting documentation to the Commission for review which will take action on a waiver request, or an alternative method provided in lieu of strict compliance, at the next regularly scheduled Commission hearing date, or as soon thereafter as all notice and other requirements may be complied with herein. (d) Notice of the Commission hearing shall be given by publication and by mailing as set forth in Section 15.2-2204 of the Code of Virginia (1950, as amended). The costs for notice shall be the responsibility of the applicant. (e) The Commission shall preserve and record the application and the basis for granting or denying any request. The Commission may grant the variation or waiver with such additional or alternative conditions as it may deem appropriate. 29-2.4 Appeal of Decision of Commission (a) A decision of the Commission on a waiver or variation request may be appealed to the Board of Supervisors by either the applicant or the agent. Written notice of the appeal must be filed with the County Administrator within thirty days of the decision by the Commission. (b) Consideration of the appeal shall be placed on the Board agenda for consideration and public hearing as soon thereafter as all notice and other requirements herein may be complied with, but in no event later than sixty (60) days from date the notice of appeal was filed. Notice of the public hearing shall be given by publication and by mailing as set forth in Section 15.2-2204 of the Code of Virginia (1950, as amended). The costs for notice shall be the responsibility of the party appealing the Commission decision. (c) The County Administrator shall transmit to the Board the applicant's request, together with all supporting documentation, from the records of the Commission and any additional pertinent information and documentation that may be available for consideration at the hearing. (d) The Board shall make and record its decision in accordance with the criteria set forth in §29-2.3 of this chapter. Approval of the applicant's request for a waiver or variation shall be by majority vote of the Board members present at the hearing and the Board may impose such additional or alternative conditions, as it may deem appropriate. 6 DYaft for Planning Commission Public Hearing 1/30/02 '~"~ '~ ARTICLE III. DEFINITIONS 29-3 DIVISION 1. DEFINITIONS For the purposes of this ordinance, the words and phrases listed below in this section shall have the meaning described. Where terms are not defined, they shall have their ordinarily accepted meaning, or such as the context may imply. Agent: A duly authorized representative of the Planning Commission appointed by the Board of Supervisors to serve as its agent to administer and enforce the subdivision ordinance. Also, Subdivision Agent. Alley: An open way that affords a service (i.e., garbage collection, delivery, mail) means of access to an abutting property, but is not maintained by any local, state or federal government. Applicant: A person who has submitted a plat and/or plans to the County for the purpose of obtaining approval of a subdivision of property and/or a development. Building Envelope: That area within which the principal structure may be located on a property in compliance with all minimum setback requirements of the zoning ordinance. Chapter. The Subdivision Ordinance of the County of Roanoke, Virginia. Clerk's Office: Clerk's Office of the Circuit Court for the County of Roanoke, Virginia. Commission: The Planning Commission of the County of Roanoke, Virginia. County: The County of Roanoke, Virginia. Conservation Parcel: A parcel that has been dedicated to a land trust, homeowners, condominium, or similar association, government agency or other entity through an easement or other transfer of ownership, and set aside in perpetuity as open space. Department of Transportation Standards of Virginia: The "Subdivision Street Requirements," Virginia Department of Highways and Transportation (1996); "Road and Bridge Standards," Vols. I and II, Virginia Department of Highways and Transportation (1994); and comparable or later revisions of these works. Developer. Any person or legal entity proposing to undertake the construction of buildings or other structures, or the development of land upon or within a subdivision or any portion thereof. Development: A tract of land developed or to be developed as a unit under single ownership or unified control that is to be used for any business or industrial purpose or is to contain five (5) or more residential dwelling units. The term "development" shall not be construed to include any property that will be principally devoted to agricultural production. Driveway: A private road giving access from a public way to a building on abutting grounds. Easement: A right expressed in recorded writing, given by the owner of land to another party of specific limited use of that land (i.e., access, pedestrian, greenway, drainage, water, sewer, public utility). Family, Immediate -Any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent, or parent of the owner. This definition shall automatically include any mandatory family member as defined in the Code of Virginia (1950, as amended), and shall not automatically include any elective family members as allowed in the Code of Virginia (1950, as amended). State law reference - Va. Code § 15.2-2244 Governing body: The Board of Supervisors of the County of Roanoke, Virginia 7 I?raft for Planning Commission Public Hearing 1/30/02 ~~ Health Official -The term "health official" shall mean the legally designated health authority of the state board of health for the county or his authorized representative. Such definition shall also apply to the term "health director," "director of public health," "health officer" or any other term of similar import. Official Property Identification Maps: The series of tax appraisal maps utilized by the Office of Real Estate Valuation for tax assessment purposes. Parcel: A piece of land shown with a separate identification on the official property identification maps. Also, interchangeable with "lot," "tract," "plot," or other words defined as a piece of land. Person: Any individual, firm, corporation, partnership, joint venture, public or private corporation, association of persons, body politic, trust, estate, or other legal entity, or any agent of any of the foregoing. Plat: A survey prepared and sealed by a professional engineer or land surveyor licensed by the State of Virginia showing thereon a subdivision of land. Plat, Concept: A general drawing depicting a subdivision submitted to the agent by the subdivider before an official preliminary submission. Plat, Final: The plat of a proposed subdivision of land that has been preliminarily approved and signed by the agent as a preliminary plat, subsequently recorded or to be recorded with the Clerk's Office. Plat, Preliminary: A survey drawing of a proposed subdivision submitted for the purpose of obtaining provisional approval prior to the submittal of a final plat. Private Street: A vehicular way owned, operated, provided and maintained by an individual, developer, homeowners association or any other entity other than a local, state or federal government. Public Improvement: Any drainage structure, water and sewer system, storm water management area, or street for which the County or State may ultimately assume the responsibility for maintenance and operation, or which may effect an improvement for which local or state government responsibility is established. Public Sfreet: A vehicular way owned, operated, provided and maintained by a local, state or federal government. The term "street" shall also include any suffixes used in the County's E-911 maintenance list. Resubdivision: Any adjustment or vacation of a boundary line or lines within a subdivision in accordance with the terms of this chapter. Right-of--way: A legally established area or strip of land on which an irrevocable public right of passage has been or is to be recorded, and which may be occupied or intended to be occupied by a street, utility service, water main, sanitary or storm sewer main, or other similar use. Site Plan: A schematic drawing of a proposed development or a subdivision including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space, public facilities and such information as may be required by the County's Land Development Procedures or this Ordinance. Also, Plan. Street: An area of travel used for the purpose of access and conveying vehicular traffic. It may also serve in part as a way for pedestrian or bicycle traffic. Also known as highway, avenue, boulevard, road, lane, alley, or any public way. Subdivider. Any person, including an owner or developer, or his assignee or successor in interest, commencing, or required by law to commence, proceedings under this chapter to effect a subdivision of land hereunder for himself or for another. 8 I?raft for Planning Commission Public Hearing 1/30/02 ~~ Subdivision: The division of a parcel of land into two (2) or more parcels of any size by the establishment of new boundary lines or by the adjustment, relocation, or vacation of existing boundary lines, for the purpose, whether immediate or future, of transfer of ownership or building development. A subdivision includes all changes in street or lot lines, and any portion of any such subdivision previously recorded in which building development or street creation occurs, or is required, subsequent to such recordation. The transfer of ownership of land to the Commonwealth of Virginia or a political subdivision thereof and the division of lands by court order or decree shall not be deemed a subdivision as otherwise herein defined. Subdivision Agent: A duly authorized representative of the Planning Commission appointed by the Board of Supervisors to serve as its agent to administer and enforce the subdivision ordinance. Also, "agent." Subdivision, Major. A subdivision of five (5) or more lots. Subdivision, Minor. A subdivision of four (4) or fewer lots. Survey, ALTA/ACSM (American Land Title Association/American Congress on Surveying & Mapping): A plat generally prepared for lending institutions showing an as-built survey and includes an easement guarantee and title report. This type of plat does not require the approval of the agent. Survey, Boundary: A plat delineating the form, extent and position of a parcel of land. This type of plat does not require the approval of the agent. Vacation of Recorded Plat: The nullification of a previously recorded plat, or portion thereof, before or after the sale of any lot created therein. VDOT: The Virginia Department of Transportation Waiver. An exemption from or variation of the terms of this subdivision ordinance. ARTICLE IV. PLAT SUBMISSIONS 29-4 DIVISION 1. IN GENERAL 29-4.1 Submission of subdivision plat to agent (a) Whenever a subdivision is proposed to be made and before any conveyance of the subdivision as a whole or any part thereof is made, the owner or proprietor of a proposed subdivision, or his duly authorized representative, shall file a plat of the proposed subdivision with the agent for approval. The plat and all procedures relating thereto shall in all respects be in full compliance with the provisions of this chapter and all applicable laws and ordinances affecting or regulating the subdivision of land, the use thereof, and the erection of buildings or structures thereon. (b) All subdivision plats require the review and approval of the agent with the exception of those that show boundary or ALTA/ACSM surveys or those that show parcels meeting certain criteria such as utility and conservation lots. The agent must approve any exemption. The following note shall be placed on these plats: "This plat does not constitute a subdivision under the current Roanoke County Subdivision and/or Zoning Ordinances." (c) When the land proposed to be subdivided lies partly within the County and partly within an adjoining locality, the subdivision plat shall be submitted, reviewed and approved by the planning commission or other designated agent of each locality wherein the land is located. (d) Any change in a recorded subdivision plat that modifies, creates, or adjusts boundary lines in any manner and under the requirements provided herein constitutes a subdivision. This section applies to any subdivision plat of record, whether or not recorded before the adoption of a subdivision ordinance. Where a street, alley, easement for public passage, or other public area or easement laid out or described in such plat is affected, the plat, or pertinent part thereof, shall be vacated before resubdivision. 9 lYraft for Planning Commission Public Hearing 1/30/02 '~= +~. 29-4.2 Minor subdivision An applicant for a subdivision creating four or fewer lots shall submit a preliminary plat to the agent for review. After the approval of the preliminary plat, the applicant shall submit a final plat to the agent for review and approval. 29-4.3 Major subdivision An applicant for a subdivision creating five or more lots shall submit a preliminary plat and a site plan that shows the proposal for a development or a subdivision including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space, public facilities and such other information as required by the subdivision ordinance to which the proposed development or subdivision is subject. After the approval of the preliminary plat and plan, the applicant shall submit a final plat and plan to the agent for review and approval. 29-4.4 Family Exempt Subdivision An applicant for a subdivision to create a parcel for the purpose of sale or gift to a member of the immediate family shall submit a preliminary plat to the agent for review. Specific requirements are set out in this ordinance and must be followed to obtain final plat approval. The subdivider must subdivide his real estate for purposes consistent with the objective of enhancing the values society places upon the disposition of family estates between living persons free of government regulation, such as keeping the family estate within the immediate family, and passing real property interests from one living family member to another, rather than for the purpose of short-term investment. The subdivider/grantor and the grantee must complete affidavits swearing and affirming that the proposed family subdivision is not for the purpose of circumventing the requirements of this ordinance and must have a proposed deed prepared and presented to the agent before final plat approval can be obtained. 29-4.5 Series of minor subdivision plats The agent may determine that a series of minor subdivision plats submitted during atwo-year period constitutes a major subdivision if the series of plats relates to the same parcel or parcels. Should the series of plats require any physical improvements including, but not limited to, storm water management, public road improvements, or the extension of public water and/or sewer, the agent may determine that the series of plats in fact constitutes a major subdivision. If so, he shall require the subdivider to follow the process for the review of major subdivision plats. 29-4.6 Changing subdivision plats after approval No change, erasure or revision shall be made on any preliminary or final plat of a subdivision, after approval by the agent, unless the agent has granted authorization for such change. In no case shall the agent approve a revision of a previously approved plat unless it is clearly marked as a revised plat and includes the date of and reason for the revision. 29-5 DIVISION 2. CONCEPT AND PRELIMINARY PLATS 29-5.1 Process of review -Concept plat review The applicant may schedule a conference with the agent to review a concept sketch for a proposed subdivision, in order to determine whether the sketch generally meets the requirements of the Zoning and Subdivision Ordinances, and to identify any concerns or issues raised by the proposed subdivision. The agent's comments on the sketch shall be informal, and shall not constitute a formal preliminary approval or disapproval of the subdivision plat. 29-5.2 Concept sketch standards The concept sketch shall conform to the following guidelines: 10 Draft for Planning Commission Public Hearing 1 /30/02 (a) Include the name, location, dimensions of all streets entering the property, adjacent to the property or terminating at the boundary of the property to be subdivided; (b) Show the approximate location of natural features, such as slopes with approximate gradients, watercourses; (c) Include approximate dimensions of existing and proposed property lines; (d) Show existing utilities and easements. 29-5.3 Process of Review -Preliminary/Final Plat Review (a) A preliminary plat accepted for review and accompanied by the subdivision review fee shall be deemed officially submitted to the County. Plats may be submitted digitally in accordance with County regulations. (b) The agent is authorized to review the preliminary plat for conformity with County and State ordinances. The agent shall complete action on a preliminary plat within sixty (60) days of submission. In the event that approval of a feature or features of a preliminary plat by a state agency is necessary, the agent shall forward the preliminary plat to the appropriate state agency or agencies for review. Requirements for review, including time limitations, shall be in accordance with the provisions of Section 15.2-2260 of the Code of Virginia (1950, as amended). (c) The agent shall address any items required for final plat approval in writing to the applicant. (d) These items must be addressed within six (6) months of the written notification or the preliminary plat shall be deemed null and void. Should this occur, a resubmission of the plat will be necessary and payment of new review fees may be required. (e) Once the items have been addressed, the applicant shall submit a mylar, vellum, or black line paper copy of the final plat with original signatures of the owners and land surveyor for the agent's approval signature. (f) The statement of consent to subdivision is set forth in the following statement which must be shown on the plat: "The platting or dedication of the following described land (here insert a correct description of the land subdivided) is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any." The statement shall be signed and duly acknowledged before an officer authorized to take acknowledgement of deeds. State law reference - Va. Code § 15.2-2264 (g) Every final subdivision plat which is intended for recording shall be prepared by a licensed professional engineer or land surveyor, who shall endorse upon each plat a certificate signed by him setting forth the source of title of the owner of the land subdivided and the place of record of the last instrument in the chain of title. When the plat is of land acquired from more than one source of title, the outlines of the several tracts shall be indicated upon the plat. State law reference - Va. Code § 15.2-2262 (h) Once the agent reviews the final plat and finds it to be in conformity with the State and County ordinances, it must be signed within sixty (60) days after it has been officially submitted or resubmitted for approval. (i) The final plat must be recorded in the Clerk's Office within six (6) months of the agent's approval signature. If the final plat is not recorded within six (6) months, the agent's approval shall be deemed withdrawn and the final plat shall be null and void. Q) After recordation, three (3) paper copies of the recorded minor subdivision plat must be returned to the agent; one Mylar or black line copy of a recorded major subdivision plat must be returned to the agent. 11 Draft for Planning Commission Public Hearing 1/30/02 .~,. ~. 29-5.4 Size, information, and requirements for apreliminary/final plat (a) Each parcel, with the exception of utility, conservation, and parcel created to serve as a private road must have an appropriate building envelope. (b) Where public utilities are unavailable, each parcel shall pass a soil evaluation test for the installation of a septic system with both a primary and a one hundred percent (100%) reserve on-site drain field area and have a suitable location for a well contained on the lot it serves. The specific regulations governing septic systems and wells can be found in the Commonwealth of Virginia State Board of Health Sewage Handling and Disposal Regulations and Private Well Regulations, as amended. Parcels may be exempted from the soil evaluation and well requirements in special circumstances such as in the creation of utility, conservation, and parcels created as private roads. (c) All preliminary plats submitted for final approval shall be eighteen (18) by twenty-four (24) inches and drawn to a scale no smaller than 1"=100' unless otherwise approved by the agent. (d) There shall be a reasonable fee charged for the review of a preliminary plat. Such fee schedule shall be established by resolution of the Board and a copy shall be maintained in the agent's office. The plat review fee shall be paid prior to final plat approval. (e) Plat standards shall generally conform to The Library of Virginia Standards and Guidelines for Microfilm, Plats, Instruments, and Circuit Court Records. (f) All distances and areas shown on a plat shall refer to measurement in a horizontal plane. (g) Both the preliminary and final plats shall demonstrate compliance with the requirements of the County of Roanoke Zoning Ordinance and this chapter. They shall contain the elements as shown in Table 1 below, unless otherwise directed by the agent. Table 1 ubdivision name. Name of the subdivider. Name of the surveyor or engineer. urveyor's professional seal signed with a permanent marker. II owners, trustees, and beneficiaries must sign the plat with a permanent marker; signatures must be acknowledged by a notary public. If the plat is drawn from record or from a current field survey. ri final tax ma numbers and tax ma numbers assi ned to new lots. II monuments and iron pins. Deed references. Date of the plat. Magisterial district. legend. he scale. Boundary coordinates. Bearings and distances of all boundaries. Labeled lots. creage or area of all new tracts, inGuding common open space, park, or public lands, and the remaining tract. II adjacent property owners, deed book and page references, lots, blocks, section numbers and the County's tax map numbers. Identification of graves, objects, or structures marking a place of human burial. vicinity map with a north arrow. north arrow that references either true or magnetic meridian. II existing building structures showing setbacks to nearest property line. Show and name all natural watercourses. Note the following on the plat: "This property is/is not located in a special flood hazard area designated as Zone 'X.' This determination is based on he current FEMA flood insurance rate ma sand has/has not been verified b actual field elevations." 12 flraft for Planning Commission Public Hearing 1/30/02 ~- ~ Show FEMA Map Number or Community Panel Number and FEMA flood hazard zone. opography map on a suitable scale and contour intervals when required by the agent. how a signature and date blank for the agent, Roanoke County Planning Commission. here applicable, the surveyor must determine whether the natural watercourse(s) adjacent to or on this site drains an upstream area of greater than 100 acres. If so, the surveyor must show the elevation of the 100-year floodplain on each lot and add the following note to the plat: "The watercours rossing this property drains an upstream area of greater than 100 acres. A detailed flood study must be made and an elevation certificate may b re wired before an buildin ermits can be issued on this ro ert ." Show the statement of consent to subdivisions from the State Code of Virginia, 1950 (as amended), and the County of Roanoke Subdivision rdinance reference. Note the following on the plat: "Approval hereof by the Roanoke County Subdivision Agent is for the purposes of ensuring compliance with th Roanoke County Subdivision Ordinance. Private matters, such as compliance with restrictive covenants or other title requirements, applicable to th ro erties shown hereon, are not reviewed or a roved with re and to this subdivision or resubdivision." he general locations of existing drain fields and reserve areas (if applicable), but not proposed drain fields. note statin the a of se tics stem bein used i.e., conventional, nonconventional . note stating "All lots shown on this subdivision plat have been evaluated by the personnel of the Virginia Department of Health and/or an authorized nsite soil evaluator and have met the criteria as set forth in the Commonwealth of Virginia Sewage Handling and Disposal Regulations entitled 32.1 ode of Vir inia, as amended to date, and each lot or arcel is eli ible for a se tic ermit." ny non-public means of water service. ny existing or proposed public utility or other easements and a dedication statement. ny existing or proposed private utility or other easements and a statement describing which easements serve which lots. If any water meters and/o ewer lateral connections were set at old roe lines, then rivate easements ma be required to rovide service to the newt confi ured lots. ther important features such as railroad rights-of-way, lakes, greenways, etc. cress easements from the public right-of-way to the created tract(s). II parcels of land designated, or reasonably expected to be required, for future street widening shall be dedicated. dedication statement for street rights-of-way that will be accepted by the VDOT. For private access easements, show the following note on each sheet of the plat: "The road serving this lot is private and its maintenance, including now removal, is not a public responsibility. It shall not be eligible for acceptance into the state secondary system for maintenance until such time a it is constructed and otherwise complies with all requirements of the Virginia Department of Transportation for the addition of subdivision street current at the time of such request. Any costs required to cause this street to become eligible for addition into the state system shall be provided with unds other than those administered b the Vir inia De artment of Trans ortation." he names and VDOT route numbers for all existing, platted, and proposed streets. idth of existing, platted, and proposed streets indicating a prescriptive easement if one exists. If applicable, a note stating that "Tax map number _ is to be added and combined with tax map number _ and is not to be used as a separat buildin lot." Plats showing Boundary and ALTA/ACSM plats may show the following note on the plat and will not require the signature of the agent: 'This surve oes not constitute a subdivision under the current Roanoke Coun Subdivision and/or Zonin Ordinance." If a proposed subdivision is using the Family Exemption provision, in addition to the above requirements, the requirements shown in Table 2 must also be included. Table 2 note stating "Approval of this subdivision is subject to the condition that the parcel subdivided can only be conveyed to a member of the immediat amity as set forth in Roanoke County's Subdivision Ordinance, as amended, and the Code of Virginia, as amended. Conveyance to any other person r entity voids approval. This restriction does not apply to subsequent reconveyance." ffidavits that are available in the Development Review office stating that the family subdivision is for the passing of real property interests from on anvil member to another, rather than for the ur ose of short-term investment. copy of the proposed deed(s) from one family member to the other. description of the family relationship in the consent statement or the following shown and notarized on the plat: 'l, , do hereby certify that is my legal .New tract is being conveyed to 29-5.5 Term of validity of preliminary plat The subdivider shall have six (ti) months from the date of approval of the preliminary plat within which to file a final plat meeting all of the submittal requirements established by this chapter for the subdivision or section thereof. Failure to do so shall make the preliminary plat approval null and void and will require a new submittal and approval. 13 Draft for Planning Commission Public Hearing 1/30/02 29-5.6 Appeal of failure to act on preliminary plat If the agent fails to approve or disapprove the preliminary plat within ninety (90) days after it has been officially submitted for approval, the subdivider, after ten days' written notice to the agent, may petition the circuit court to enter an order with respect thereto as it deems proper, which may include directing approval of the plat. State law reference - Va. Code § 15.2-2260 29-5.7 Appeal of disapproval of preliminary plat If the agent disapproves a preliminary plat and the subdivider contends that the disapproval was not properly based on the ordinance applicable thereto, or was arbitrary or capricious, he may appeal to the circuit court of the County, which court shall hear and determine the case as soon as may be. The appeal must be filed with the circuit court within sixty (60) days of the written disapproval by the agent. State law reference - Va. Code § 15.2-2260 29-6 DIVISION 3. FINAL PLATS 29-6.1 Deadline for filing final subdivision plat for major subdivisions The subdivider shall file with the agent the final plat meeting the standards of this ordinance for all, or for one or more sections of, the subdivision within six (6) months of the agent's approval of the preliminary plat. For good cause, and with satisfactory progress in the subdivision process being demonstrated to the agent, the agent may grant one extension of this period for up to six (6) months. 29-6.2 Final plat documents submitted prior to approval (a) The final subdivision plat, including the final plat for each phase of a multi-phase development, shall demonstrate compliance with this chapter, the Zoning Ordinance and other applicable County ordinances. (b) The agent shall not approve a final plat until any necessary deed of dedication has been submitted and approved by the County attorney. A deed of dedication is required to convey title to any property, including parkland and pump station sites, to the County. Where appropriate, the agent shall not approve a final plat until any required deeds of easement to the County are submitted and approved by the County attorney. A deed of easement is not required to convey streets, any easement for public utilities, or any easement for the transmission of stormwater, domestic water or sewage, shown and dedicated, or to be dedicated by the final plat within the boundaries of the subdivision. (c) The agent shall not approve a final plat until any necessary subdivision or other performance agreements have been executed and submitted, together with an approved form of guaranty, promising to construct all required improvements in a timely manner and in accordance with County specifications, and have been approved by the County attorney. The Roanoke County Bonding Policy and Section 15.2-2245 of the Code of Virginia (1950, as amended) are hereby incorporated by reference for the County requirements pertaining to the guarantee of completion of all public improvements, provisions for the periodic partial and final releases of performance guarantees, and procedures for enforcement and collection. (d) The agent shall receive any payment due for the fabrication and installation of street name and traffic regulatory signs prior to the approval of the final plat. 29-6.3 Disapproval of final plat. In case of disapproval of a final plat, the agent shall notify the subdivider in writing, either by a separate document or on the plat itself, stating the specific reasons for disapproval, including identification of deficiencies in the plat by reference to specific duly adopted ordinances, regulations, or policies. The agent shall provide in general terms such modifications or corrections as will permit approval of the plat, if any. State law reference - Va. Code § 15.2-2259 14 draft for Planning Commission Public Hearing 1 /30/02 29-6.4 Effect of approval on final plat (a) Only a final subdivision plat approved by the agent may be recorded in the Clerk's Office. Boundary and ALTA/ACSM plats do not require the approval of the agent. Upon review, the agent may exempt other plats, as appropriate. (b) An approved final plat must be recorded in the Clerk's Office within six (6) months of the date of approval. However, in any case where construction of facilities to be dedicated for public use has commenced pursuant to an approved plan or permit, with surety approved by the agent or with surety furnished pursuant to the Roanoke County Bonding Policy, the time for plat recordation shall be extended to one year after final approval or to the time limit specified in the surety agreement, whichever is greater. State law reference - Va. Code § 15.2-2241(8) (c) In any case where a deed of dedication accompanies the final plat, both the final plat and the deed of dedication shall be recorded contemporaneously. (d) The subdivider shall record any required deeds of easement to a homeowner's association contemporaneously with the final plat. (e) No permit or other approval authorizing the erection of any building or structure to be located in any subdivision, a plat of which is required pursuant to the provisions of this ordinance, shall be issued by the building commissioner until such plat has been admitted to record as provided for in this ordinance. (f) If the subdivider fails to timely record the final plat, then the approval shall be null and void and the subdivider shall return the plat to the agent so that it may be so marked. State law reference - Va. Code § 15.2-2241(8) 29-6.5 Recordation in phases If a developer records a final plat which may be a section of a subdivision as shown on an approved preliminary plat and furnishes to the governing body a certified check, cash escrow, bond, or letter of credit in the amount of the estimated cost of construction of the facilities to be dedicated within said section for public use and maintained by the locality, the Commonwealth, or other public agency, the developer shall have the right to record the remaining sections shown on the preliminary plat for a period of five years from the recordation date of the first section, or for such longer period as the agent may, at the approval, determine to be reasonable, taking into consideration the size and phasing of the proposed development, subject to the terms and conditions of this subsection and subject to engineering and construction standards and zoning requirements in effect at the time that each remaining section is recorded. State law reference - Va. Code § 15.2-2241 29-6.6 Effect of recordation of approved plat (a) The recordation of an approved plat shall operate to transfer, in fee simple, to the County the portion of the premises set apart for streets or other public use, and to transfer to the County any easement indicated on the plat to create a public right of passage over the land. The recordation of such plat shall operate to transfer to the County such easement shown on the plat for the conveyance of stormwater, domestic water and sewage, including the installation and maintenance of any facilities utilized for such purposes, as the County may require. (b) When the agent approves, in accordance with this ordinance, a plat or replat of land, then upon the recording of the plat or replat in the Clerk's Office, all rights-of-way, easements or other interest of the County in the land included on the plat or replat, except as shown thereon, shall be terminated and extinguished. However, an interest acquired by the County by condemnation, by purchase for valuable consideration and evidenced by a separate instrument of record, and streets and/or easements for public passage shall not be affected thereby, subject to the provisions in Sections 29-17.1 and 29-17.2 of this ordinance and Sections 15.2-2271 and 15.2-2272 for the vacation of plats. State law reference - Va. Code § 15.2-2265 15 .Draft for Planning Commission Public Hearing 1/30/02 +~. 29-6.7 Appeal of failure to act on final plat If the agent fails to approve or disapprove a final plat within sixty (60) days after it has been officially submitted for approval, the subdivider, after ten days' written notice to the agent, may petition the circuit court to decide whether the plat should or should not be approved. The court shall hear the matter and make and enter an order with respect thereto as it deems proper, which may include directing approval of the plat. State law reference - Va. Code § 15.2-2259 29-6.8 Appeal of disapproval of final plat If the agent disapproves a final plat and the subdivider contends that the disapproval was not properly based on the ordinance applicable thereto, or was arbitrary or capricious, he may appeal to the circuit court within sixty (60) days of the written disapproval. The court shall hear and determine the case as soon as may be. State law reference - Va. Code § 15.2-2259 29-7 - 29-9 Reserved ARTICLE V. STANDARDS 29-10 DIVISION 1. GENERAL REQUIREMENTS (a) In addition to the requirements established by this ordinance, all subdivision plats shall comply with all applicable chapters of the County Code, County Zoning Ordinance, County Land Development Procedures, County Water and Sewer Regulations, County Stormwater Management Ordinance, Commonwealth of Virginia State Board of Health Regulations, VDOT standards, and any other applicable federal, state, or local requirements. (b) Monuments shall be set by the subdivision owner or proprietor or his agent as required by the agent and shown on the final plat. 29-11 DIVISION 2. STREET REQUIREMENTS Unless otherwise noted, any reference to "street" in this chapter shall refer to a publicly maintained street. (a) Right-of-way widths shall be as required by the Virginia Department of Transportation. The setback or building line shall conform to the requirements of the zoning regulations of the County for the district in which the subdivision is located. (b) All newly created dead-end public streets shall terminate in a circular right-of-way with a minimum radius not less than fifty (50) feet. (c) As far as practicable, all proposed streets shall be continuous and made to connect with existing streets without offset. (d) No new lot shall embrace any portion of a public street. (e) In general, side lot lines shall be at right angles or radial to street lines. (f) Reserved strips restricting access to streets, public ways and easements shall not be permitted. (g) Where practicable, the center lines of all intersecting streets shall meet in a common point and shall intersect one another as near to a right angle as it is practicable in each case. (h) Whenever a proposed subdivision abuts a road that is included in the state system of primary highways as designated by VDOT, an access road extending for the full length of the subdivision along such highway and providing limited access thereto may be provided at a distance suitable for the appropriate use of the land between such access road and highway. 16 Draft for Planning Commission Public Hearing ~" '. 1/30/02 r- (i) Street names shall be shown on the preliminary and final plats and shall be approved by the agent. Proposed streets that are in alignment with existing streets shall bear the name of the existing street. In no case shall the name of the proposed streets duplicate or be similar, literally or phonetically, to existing street names, regardless of the use of the terms street, avenue, boulevard, driveway, place, lane, court, or other suffixes approved by the County for E-911. Any street that is a prolongation or approximately a prolongation of an existing street shall be given the same name. Names of existing streets shall not be changed except by the approval of the County. (j) Except as provided in subsection (i) of this section, no street shall be designated by the same name as that heretofore borne by any other street in the region as determined by the agent, irrespective of the use of any suffix. (k) The subdivider shall make a provision for the dedication to the County of Roanoke of proposed street extensions transferring the fee simple title to land for public streets. These proposed streets shall conform to the duly adopted standards relating to the street design and construction, established in the VDOT of Transportation Subdivision Street Requirements and the County's Public Street and Parking Design Standards and Specifications Manual. (I) Street name and traffic regulatory signs of a design approved by the County and VDOT, as required, shall be installed at the owner's expense at all street intersections if deemed necessary by these entities. (m) Private road subdivisions shall only be permitted in accordance with the zoning ordinance in zoning districts that permit such subdivisions. 29-12 DIVISION 3. STORMWATER MANAGEMENT REQUIREMENTS (a) Streets, pedestrian paths, and greenways shall be designed to minimize their potential for increasing and aggravating the flood level. (b) A drainage system shall be provided for by means of culverts under roadways, outlet drains, necessary head walls, easement for drainage through adjacent properties and other structures that are necessary to provide adequate drainage of both natural and storm water for all streets and adjoining properties. (c) Land in the floodplain overlay district of the zoning ordinance and land deemed to be topographically unsuitable because of flooding shall not be platted for residential occupancy or for such other uses that may increase danger to health, life or property, or cause erosion or flood hazards. Such land within the subdivision shall be identified on the plat as flood hazard areas. (d) All developments shall comply with the County Stormwater Management Ordinance. 29-13 - 29-15 Reserved ARTICLE VI. REPEATS AND VACATIONS 29-16 DIVISION 1. REPEATS 29-16.1 Relocation or vacation of boundary lines (a) Any subdivision plat recordation or part thereof, having been recorded, may be vacated in accordance with the provisions of the Code of Virginia (1950, as amended). (b) The boundary lines of any lot or parcel of land may be relocated or otherwise altered as a part of an otherwise valid and properly recorded plat of subdivision or resubdivision approved by the agent and executed by the owner or owners of such land with their free will and consent. This shall not apply to the relocation or alteration of streets, alleys, easements for public passage, public or other easements or utility rights-of-way without the express consent of all persons holding any interest therein. 17 Draft for Planning Commission Public Hearing " ~ ~ 1/30/02 k 29-17 DIVISION 2. VACATIONS 29-17.1 Vacation of plat before sale of lot therein by the owners; ordinance of vacation. Where no lot has been sold or transferred, a recorded plat, or part thereof, may be vacated in accordance with the provisions of Section 15.2-2271 of the Code of Virginia (1950, as amended). State law reference - Va. Code § 15.2-2271 29-17.2 Vacation of plat after sale of lot; ordinance of vacation. In cases where any lot has been sold or transferred, a recorded plat, or part thereof, may be vacated in accordance with the provisions of Section 15.2-2272 of the Code of Virginia (1950, as amended). State law reference - Va. Code § 15.2-2272 29-17.3 Effect of vacation of plat after lot has been sold (a) The recordation of the instrument or ordinance as provided in Section 15.2-2272 of the Code of Virginia, shall operate to destroy the force and effect of the recording of the plat or part thereof so vacated, and to vest fee simple title to the centerline of any streets, alleys or easements for public passage so vacated in the owners of abutting lots free and clear of any rights of the public or other owners of lots shown on the plat, but subject to the rights of the owners of any public utility installations which have been previously erected therein. (b) If any street, alley, or easement for public passage is located on the periphery of the plat, the title for the entire width thereof shall vest in the abutting lot owners. The fee simple title to any portion of the plat so vacated as was set apart for other public use shall be revested in the owners, proprietors and trustees, if any, who signed the statement of consent to the subdivision, on the final recorded subdivision plat, free and clear of any rights of public use in the same. A plat must be prepared and reviewed at the owner's expense and recorded in the Clerk's Office combining the vacated portion with the subject property. State law reference - Va. Code § 15.2-2274 29-18 - 29-20 Reserved ARTICLE VII. ORDINANCE ADOPTION AND AMENDMENTS 29-21 DIVISION 1. ADOPTION In order to effectuate the provisions of this chapter, the Board may adopt by resolution regulations and policies that shall have the force of law. These regulations shall include, among other things, standards for the implementation of the various sections of this chapter and may include other policies, criteria, standards and regulations to implement the provisions of the Subdivision Ordinance and Zoning Ordinance. 29-22 DIVISION 2. AMENDMENTS Nothing contained herein shall prevent the Board from considering and adopting amendments to this ordinance at any time it is deemed appropriate. 29-23 - 29-25 Reserved 18 F . Commission Public Hearing Draft fir Planning 1/30102 Roc~noke County Subdivision Ordinance ~~~, I 2002 Ds aft for Planning Commission Public Hearing . -1/30/02 ~ Article V. Standards 16 Section 29-10 Division 1. General Requirements 16 29-11 Division 2. Street Requirements 29-12 Division 3. Stormwater Management Requirements 17 17 29-13 - 29-15 Reserved article VI Replats and Vacations 17 Section 29-16 Division 1. Replats Relocation or vacation of boundary lines 17 29-16.1 18 29-17 Division 2. Vacations Vacation of plat before sale of lot therein by the owners; 18 29-17.1 ordinance of vacation Vacation of plat after sale of lot; ordinance of vacation 18 18 29-17.2 29-17.3 Effect of vacation of plat after lot has been sold 18 29-18 - 29-20 Reserved Article VII. Ordinance Ado tion and Amendments 18 Section 29-21 Division 1. Adoption 18 29-22 Division 2. Amendments 18 29.23 - 28.25 Reserved 3 ''braft for Planning Commission Public Hearing 1/30/02 29-1.4 Relationship to zoning ordinance The zoning ordinance and zoning map shall control the type and intensity of use of all property within the County. Particular reference is made in the zoning ordinance to the minimum lot sizes, setback requirements, road frontage and use restrictions for all zoning districts; the zoning ordinance shall be controlling as to all such matters. ARTICLE II. ADMINISTRATION 29-2 DIVISION 1. IN GENERAL 29-2.1 Agent (a) The Director of Community Development is hereby appointed by the Board to be the County's Subdivision Agent to administer and enforce this ordinance. The Board may appoint, or revoke appointments of, such additional individuals, as it may deem appropriate to serve as a subdivision agent. The agent's approval, disapproval, or other action shall be that of the governing body. (b) The agent shall exercise authority to review, approve and disapprove the concept, preliminary, and final plats for the subdivision of land within the portions of the County as stated in the title of this chapter. (c) The agent may call for opinions or decisions, either oral or written, from other departments or agencies in considering details of any submitted plat. (d) The agent may establish any reasonable administrative procedures deemed necessary for the proper administration of this ordinance. 29-2.2 Regulations (a) No person shall subdivide any tract of land that is located within the jurisdiction of the County except in conformity with the provisions of this ordinance and any other applicable County ordinances. (b) No person shall subdivide land without making and recording a plat of such subdivision and without fully complying with the provisions of this subdivision ordinance and of general law. (c) No such plat of any subdivision shall be recorded unless or until it shall have been submitted to and approved by the agent. (d) No person shall sell or transfer any land of a subdivision before a plat has been approved and recorded as provided herein unless such subdivision was lawfully created before the adoption of this ordinance or any predecessor subdivision ordinance. Nothing herein shall be construed as preventing the passage of title to property that has not been legally subdivided. (e) Any person violating the foregoing provisions of this section shall be subject to a fine of not more than five hundred dollars ($500.00) for each lot or parcel of land so subdivided, transferred or sold; and the description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies herein provided. (f) The agent and County attorney, or his designee, may take such other legal action as may be necessary to enforce the provisions of this ordinance, including suit for injunction, for abatement or restraining order or other appropriate proceeding. (g) The agent, before finally approving any subdivision plat, may personally inspect the proposed subdivision on the ground. Upon approving such final subdivision plat, the agent shall clearly endorse his approval thereon. State law reference - Va. Code § 15.2-2254 5 D~~aft for Planning Commission Public Hearing 'i/30/02 ~. ARTICLE III. DEFINITIONS 29-3 DIVISION 1. DEFINITIONS For the purposes of this ordinance, the words and phrases listed below in this section shall have the meaning described. Where terms are not defined, they shall have their ordinarily accepted meaning, or such as the context may imply. Agent: A duly authorized represented enforche the subdv lion ordSnance.pAlsoe Sbbd vesionaAgentSupervisors to serve as its agent to administer an Alley: An open way that affords a ed b scan{I localastate or federal govelrnmen mail) means of access to an abutting property, but is not maintain y Y Applicant: A person who has submitted a plat and/or plans to the County for the purpose of obtaining • and/or---a .development. approval of a subdivision of property- Building Envelope: That area within which the principal structure may be located on a property in compliance with all minimum setback requirements of the zoning ordinance. Chapter. The Subdivision Ordinance of the County of Roanoke, Virginia. Clerk's Office: Clerk's Office of the Circuit Court for the County of Roanoke, Virginia. Commission: The Planning Commission of the County of Roanoke, Virginia. County: The County of Roanoke, Virginia. Conservation Parcel: A parcel that has be ntidedh~oue h tan easement or o he transferoof owne ship, and set association, government agency or other e y g aside in perpetuity as open space. Department of Transportation Stan oatatioof 1996);raRoadeand Brd'~dge Standards,RVolsemand II, Virginia Department of Highways and Transp ( Department of Highways and Transportation (1994); and comparable or later revisions of these works. Developer. Any person or legal entity proposing to undertake the construction of buildings or other structures, or the development of land upon or within a subdivision or any portion thereof. Development: A tract of land developoed dustr al d urposeeo ais to contanefive {5) orNmore es dential dwell g that is to be used for any business P units. The term "development" shall not be construed to include any property that will be principally devoted to agricultural production. Driveway: A private road giving access from a public way to a building on abutting grounds. Easemenf:Aright expressed in recorded writing, give Y by theg caner of land to ublic utilipa~y of specific limited use of that land (i.e., access, pedestrian, greenwa , draina e, water, sewer, p tY)• randchild, Family, Immediate -Any person who is a natural or legally defined offspring, spouse, sibling, g grandparent, or parent of the owner. Thi as ame~~ded)aland shalaltnotlautomatica ly ncludetanyf e ect e fam ly as defined in the Code of Virginia (1950, members as allowed in the Code of Virginia (1950, as amended). State law reference - Va. Code § 15.2-2244 Governing body. The Board of Supervisors of the County of Roanoke, Virginia. 7 Drift for Planning Commission Public Hearing 1/30/02 Subdivision: The division of a parcel of land into two (2) or more parcels of any size by the establishment of new boundary lines or by the atilt ansfer of lowne~sh'prorabuild ngfdevlelopmentndA sulbd visionthnc udes all whether immediate or future, o changes in street or lot lines, and any portion of any such subdivision previously recorded in which building subsequent to such recordation. The transfer of development or street creation occurs, or is required, ownership of land to the Commonwealth of Virgiubd°is poas otherw slelherem defined d the division of lands by court order or decree shall not be deemed a Subdivision Agent: A duly authorized representa~ enforce the/ subdv is on or'd Hance. Alsoe~agente Board of Supervisors to serve as its agent to administer an Subdivision, Major. A subdivision of five (5) or more lots. Subdivision, Minor. A subdivision of four (4) or fewer lots. Survey, ALTq/ACSM (American Land Title Asso niatian/as-bu'It survey nd nc udesean easementnguara nee generally prepared for lending institutions show 9 royal of the agent. and title report. This type of plat does not require the app Survey, Boundary: A plat delineating the form, extent and position of a parcel of land. This type of plat does not require the approval of the agent. Vacation of Recorded Plat: The nullification of a previously recorded plat, or portion thereof, before or after the sale of any lot created therein. VDOT: The Virginia Department of Transportation Waiver: An exemption from or variation of the terms of this subdivision ordinance. ARTICLE IV. PLAT SUBMISSIONS 29-4 DIVISION 1. IN GENERAL 29-4.1 Submission of subd'+vision plat to agent (a} Whenever a subdivision is proposed to be made and before any conveyance of the subdio sIh s duly whole or any part thereof is made, the owner or proprietor of a proposed subdivision, royal. The authorized representasi relat nallthee t shal°Ifin all pespects be bdfull ompliance wgh the propp ions of this plat and all procedure g chapter and all applicable laws nns orrst uctures thereon, or regulating the subdivision of land, t e use thereof, and the erection of bu~ldi g (b) All subdivision plats require the review and approval of the agent with the exception of those that show boundary or ALTA/ACSM surveys or thos a ant exempfionel The followc g note hall be p aced o~lntthese conservation lots. The agent must appro y plats: "This plat does not constitute a subdivision under the current Roanoke County Subdivision and or Zoning Ordinances." (c) When the land proposed to be subdi sidbmittedpaevl ewed and approvted by the planln ng comrn1 fission or locality, the subdivision plat shall be other designated agent of each locality wherein the land is located. (d) Any change in a recorded subdivision plat that modifies, creates, or adjusts boundary lines in Iiesntonany and under the regecordewhetpher or not recorded before the adoptionlof a subdiv seonl ordnance. Where subdivision plat of r , a street, alley, easement for public passage, or other public area or easement laid out or described in such plat is affected, the plat, or pertinent part thereof, shall be vacated before resubdivision. 9 Drai"t for Planning Commission Public Hearing 1130102 (a) Include the name, location, dimensions of all streets entering the b ndary of the property to be subdivided; property, adjacent to the property or terminating at the ou roximate gradients, (b) Show the approximate location of natural features, such as slopes with app watercourses; (c) Include approximate dimensions of existing and proposed property lines; (d) Show existing utilities and easements. 29-5.3 Process of Review - PreliminarylFinal Plat Review f e shall be deemed (a) (b) (c) ted for review andyaccompanied by they ubdivision review a re ulations. A preliminary plat accep officially submitted to the County. Plats ma be submitted digital) in accordance with Coun 9 The agent is authorized to review the preliminary plat for conformity with County and State ordinances. reliminar lat within sixty (60) days of submission. In the event The agent shall complete action on a p Y P the agent shall royal of a feature or features of a preliminary plat by a state agency is necessary, uirements for that app fat to the appropriate state agency or agencies for review. Req forward the preliminary p rovisions of Section 15.2-2260 of the review, including time limitations, shall be in accordance with the p Code of Virginia (1950, as amended). The agent shall address any items required for final plat approval in writing to the applicant. h reliminary plat (d) (e) (fl These items must be addressed within six (6) months of the written notification or t e p be deemed null and void. Should this occur, a resubmission of the plat will be necessary and shall payment of new review fees may be required. a er copy r black line p p (9 (h) Once the agent revs s after it has been o ~ci y ordinances, it must be signed within sixty (60) day approval. ent's approval months of the ag (i) The final plat must be recorded in the Clerk's Office within- six (6 months, the agent's approval shall be deemed signature. If the final plaatlshaotbe n~ laadnd voted six (6) withdrawn and the final p a er copies of the recorded minor subdivision plat must be returned to the (j) After recordation, three (3) p p of a recorded major subdivision plat must be returned to the agent. agent; one Mylar or black line copy )leant shall submit a mylar, veyum, o royal Once the items have been addressed, the app of the final plat with original signatures of the owners and land surve or for the agent's app signature. The statement of consent to subdivision is set fo'nh ~ descr beldvland (here insert a' co ect descnpt ° ned the plat: "The platting or dedication of the follow g the land subdivided) is with the free consent stateme t shaldl be signed and duly acknohwledged before owners, proprietors, and trustees, if any.' The an officer authorized to take acknowledge 2 2264 deeds. State law reference - Va. Code § rofessional re ared by a licensed p forth the Every final subdivision plat which is intended for recording shall be p P him setting engineer or land surveyor, who shall endorse upon each plat a certificate signed y f the land subdivided and the place of record of the last instrument in the source of title of the owner o chain of title. When the plat is of land acquired from more than one source of title, the outlines oft e several tracts shall be indicated upon t 15P2a2262 State law reference - Va. Code § 'ews the final plat and finds it to be in conf ffma I subm'tted oa resubmitted for 11 Dr ~ ftlfor Planning Commission Public Hearing 1/30/02 ~. nr FEMA Map Number or Community Panel Number and FEMA flood ha the agent. ~graphy map on a suitable scale and contour intervals when rP tinning Commission. w a signature and date blank for the agent, Roanoke County adjacent to or on this site drains an upstrea at reThe waterecoursn :re app must show the elevation of the 100-year floodplain on each lot and aid s beolmade and anoe evation certificate may b livable, the surveyor must determine whether th hant 100 acres.oA detailed flood study acres. If so, the surveyor stream area of greater t of Roanoke Subdivision using this property drains an up and the County uired before an buildin ermits can be issued on this roe ~mpliance with the ~w the statement of consent to subdivisions from the State Code of Virginia~'sion Agentas fo tithe Purposes of ensurinng nts, applicable to the royal hereof by the Roanoke County Subdiv finance reference. tat: "App to the following on the p liance with restrictive covenants or other title requi anoke County Subdivision Ordinance. Private matters, such as cAmP ro osed drain fields. ~ ernes shown hereon, are not reviewed or apP serve areas (if applicable)bbut n'ot p r psubdivision.' ~e general locations of existing drain fields and r the personnel of the Virginia Department of Health and/or an authorizes ulations entitled 32.' note statin the ~ ShoWntonsthisesubdivision plat have beentevaauated b nventiona . rand have met the criteria as set forth ~ I is elig b enfor a settic permit ^a Sewage Handling and Disposal e9 note stating "All Io site soil evaluato ode of Vir inia, as amended to date, and each lot or parse ny non-public means of water service, water meters andR ,ny existing or proposed public utility or other easements and a dedication statement. osed private utility or other easementse nd a statement describing which easements serve which lots. I any n rivate easements ma be re uired to rovide service to the newt confi ured lots. any existing or prop ro ert lines, th p ;ewer lateral connections were set at old p P Y lakes, greenways, etc. ether important features such as railroad rights-oft a created tract(s). ublic right-of-way shall be dedicated. 4ccess easements from the p ex ected to be required, for future street widening All parcels of land designated, or reasonably that will be accepted by the VDOT. dedication statement for street rights-of-way this lot is private and its maintenance, includ' s stem for maintenance until such time For private access easementsf show the following note on each sheot of the plat: 'The road servin t It shall not be eligible for acceptance into the state secondary Y rovided ~ ' es onsibility. e Vir inia Department of Transportation he state sy ism shall beI psion stye now removal, is not a public p lies with all requirements oft 9 9 it is constructed and otherwise cornP costs required to cause this street to become elf ible for addition into current at the time of such request. Any ro osed streets. unds other thanVDOT aoute numbers foh all~exi ting, plattedeandfp r p s ortation. he names and rescri tive easement if one exists. and is not to be used as a sepa tatted, and proposed streets indicating a p P number _., idth of existing, p number _ is to be added and combined with tax map ent: 'This su If applicable, a note stating that 'Tax map buildin lot:' fats may show the following note on the plat and will not require the signature oft e a Plats showing Boundary and ALTAIACSM p does not constitute a subdivision under the current Roanoke Count Subdivision and/or Zoning OOf1 tO the above requlrementS, the the Family Exemption provision, in add/ If a proposed subdivision is using requirements shown in Table 2 must also be included. Table 2 ' subdivision is subject to the condition t nat the parcel subdivided can only be conveyed to a member of the imme ded and the Code of Virginia, as amended. Conveyance to any other p~ note stating Approval of this , amity as set forth in Roanoke County's Subdivision Ordinance, as am I to subsequent reconveyance." interests fror r entity voids approval. This restriction does not app Y vailable in the Development Review offi ~ to m investment amity subdivision is for the passing of real property ffidavits that are a anvil member to another, rather than for the ur ose of s o copy of the proposed deed(s) from one family member to the other. escri tion of the family relationship in the consent statement or the following showYractd notas be 9 conveyed to ~~ ~ P is my legal-----= New do hereby certify that ______- reliminary plat 29-5.5 Term of validity of p royal of the preliminary plat within which to file a The subdivider shall have six (6) months from the date of app this chapter for the subdivision or section tat meeting all of the submittal requirements established y final p so shall make the preliminary plat approval null and void and will require a new thereof. Failure royal submittal and app 13 fi raft for Planning Commission Public bearing 1/30/02 ,~ ~~ 29-6.4 Effect of approval on final plat lat a roved by the agent may be recorpded in the Clerk' gOffice. exempt other (a) Only a final subdivision p PP royal of the agent. U on review, the a ent may ALTA/ACSM plats do not require the app plats, as appropriate. royal. (b) An approved final plat must be recorded in the Clerk's Office within six (6) months of the date of app However, in any case where construction of facil~te~s ao boveddbytthefage bor with suSety furnished pursuant to an approved plan or permit, with su y pP pursuant to the Roanoke County Bonding Pelcf dhn the suretylagreement,'wh chelvere greaaerd to one year after final approval or to the time limit sp 15.2-2241(8) State law reference - Va. Code § c In an case where a deed of dedication accompanies the final plat, both the final plat and the deed of () y dedication shall be recorded contemporaneously. d The subdivider shall record any required deeds of easement to a homeowner's association () contemporaneously with the final plat. e) No permit or other approval authorizing th ant totthe prow syobslodf'tgs ordinance, shalbt be issued Iby the ( subdivision, a plat of which is required pursu building commissioner until such plat has been admitted to record as provided for in this ordinvoid and the If the subdivider fails to timely record the final plat, then the approval shall be null and (~ subdivider shall return the plat to the agent so that it may be so marked. State law reference - Va. Code § 15.2-2241(8} 29-6.5 Recordation in phases roved If a developer records a final plat wh~ie nin abody a cert'fied checkSCash lescrow, bond or~etter ofp edit in preliminary plat and furnishes to the go 9 the amount of the estimated cost of construction °ealthfor'lother publicd agency thehdevelloper shallfhapebhe use and maintained by the locality, the Commonw ~ lat for a period of five years from th right to record the remaining sections shown on the of Old s the agent may, at the approval, determine to recordation date of the first section, or for such longer P hasin of the proposed development, subject to the be reasonable, taking into consideration the size and p 9 terms and conditions of this subsection and subject sectionlns recorded construction standards and zoning requirements in effect at the time that a 15 2 2241 ing State law reference - Va. Code § roved lat 29-6.6 Effect of recordation of app p to the County the portion of (a) The recordation of an approved plat shall operate to transfer, in fee simple, an easement the premises set apart for to aetub~c right oppassage overdtheoland SThe~ecordation of such plat shall indicated on the plat to crea p operate to transfer to the County such the installatio ~ and ma ntenlancerof any fac ties utilf zed foWSUCh domestic water and sewage, including purposes, as the County may require. roves, in accordance with this ordinance, a plat or replat of land, then upon the (b) When the agent app recording of the plat or replat in the Clerk's O~~lat elxce ttas shownethereon,tshsll be terminated and P urchase for valuable County in the land included on the plat or rep , extinguished. However, an interest acquired by the County by condemnation, by p consideration and evidenced by a separate instrumhet oores'onds an Sections 29-17.1 and 29117 2 of th s passage shall not be affected thereby, subject to p ordinance and Sections 15.2-2271 and 16 2 2265 for the vacation of plats. State law reference - Va. Code § 15 Draft for Planning Commission Public Hearing 1/30/02 ~~ (i) Street names shall be shown on the preliminary and final plats and shall be approved by the agent. Proposed streets that are in alignment with existing streets shall bear the name of the existing street. In no case shall the name of the proposed streets duplicate or be similar, literally or phonetically, to existing street names, regardless of the use of the terms street, avenue, boulevard, driveway, place, lane, court, or other suffixes approved by the County for E-911. Any street that is a prolongation or approximately a prolongation of an existing street shall be given the same name. Names of existing streets shall not be changed except by the approval of the County. (j} Except as provided in subsection (i) of this section, no street shad be designated by the same name as that heretofore borne by any other street in the region as determined by the agent, irrespective of the use of any suffix. (k) The subdivider shall make a provision for the dedication to the County of Roanoke of proposed street extensions transferring the fee simple title to land for public streets. These proposed streets shall conform to the duly adopted standards relating to the street design and construction, established in the VDOT of Transportation Subdivision Street Requirements and the County's Public Street and Parking Design Standards and Specifications Manual. (I) Street name and traffic regulatory signs of a design approved by the County and VDOT, as required, shall be installed at the owner's expense at all street intersections if deemed necessary by these entities. (m) Private road subdivisions shall only be permitted in accordance with the zoning ordinance in zoning districts that permit such subdivisions. 29-12 DIVISION 3. STORMWATER MANAGEMENT REQUIREMENTS (a) Streets, pedestrian paths, and greenways shall be designed to minimize their potential for increasing and aggravating the flood level. (b) A drainage system shall be provided for by means of culverts under roadways, outlet drains, necessary head walls, easement for drainage through adjacent properties and other structures that are necessary to provide adequate drainage of both natural and storm water for all streets and adjoining properties. (c} Land in the floodplain overlay district of the zoning ordinance and land deemed to be topographically unsuitable because of flooding shall not be platted for residential occupancy or for such other uses that may increase danger to health, life or property, or cause erosion or flood hazards. Such land within the subdivision shall be identified on the plat as flood hazard areas. (d) All developments shall comply with the County Stormwater Management Ordinance. 29-13 - 29-15 Reserved ARTICLE VI. REPEATS AND VACATIONS 29-16 DIVISION 1. REPEATS 29-16.1 Relocation or vacation of boundary fines (a) Any subdivision plat recordation or part thereof, having been recorded, may be vacated in accordance with the provisions of the Code of Virginia (1950, as amended). (b) The boundary lines of any lot or parcel of land may be relocated or otherwise altered as a part of an otherwise valid and properly recorded plat of subdivision or resubdivision approved by the agent and executed by the owner or owners of such land with their free will and consent. This shalt not apply to the relocation or alteration of streets, alleys, easements for public passage, public or other easements or utility rights-of-way without the express consent of all persons holding any interest therein. 17 1 V ~M 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: February 26, 2002 AGENDA ITEM: Second reading of ordinance repealing Appendix B. Subdivisions in its entirety and adopting Chapter 29 Subdivisions, of the Roanoke County Code. COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: Staff is requesting the Board of Supervisors to adopt the attached subdivision ordinance in whole to replace the existing subdivision ordinance. SUMMARY OF INFORMATION: At the request of the Planning Commission, staff has reviewed and rewritten the Roanoke County Subdivision Ordinance. The existing ordinance has become dated since there have been significant changes to the supporting ordinances including the zoning ordinance. Staff has developed a more comprehensive ordinance that will be more user friendly and allow for electronic technology for subdivision plat submittals to the county. Professionals from the engineering and surveying community, county departments, state agencies as well as the Roanoke Regional Homebuilders Association have been involved in the rewrite process and have offered significant contributions for the rewrite. The Planning Commission held a public hearing on the proposed subdivision ordinance on February 5, 2002. The Planning Commission forwarded a positive recommendation with a 5-0 vote for consideration by the Board of Supervisors. ..., k ALTERNATIVES: 1) Conduct the public hearing and adopt the subdivision ordinance. 2) Conduct the public hearing and refer the subdivision ordinance back to the Planning Commission. STAFF RECOMMENDATION: Staff recommends alternative 1. Respectfully Submitted, Approved, John Murphy, Associate Planner Elmer C. Hodge Department of Community Development County Administrator -------------------------------------------------------------------------------------------------------------------- ACTION VOTE No. Yes Abs Approved () Motion by: Church Denied () Flora Received () McNamara Referred () Minnix To () Nickens PETITIONER: Roanoke County Planning Commission Subdivision Ordinance Re-write CASE NUMBER: 01/2002 Planning Commission Hearing Date: February 5, 2002 Board of Supervisors Hearing Date: February 26, 2002 A. REQUEST The petition of the Roanoke County Planning Commission to re-write the Roanoke County Subdivision Ordinance. B. CITIZEN COMMENTS There were no citizen comments C. SUMMARY OF COMMISSION DISCUSSION Mr. Murphy gave a brief history from Spring 2001 until the present. He described the process the County took in involve the surveyors and engineering professionals and Roanoke Regional Homebuilders Association. Mr. Witt had one question regarding storm water management in Section 29-12 Division 3 #C and the phrase "topographically unsuitable." Mr. Murphy explained that the reason for the wording was that not all the flood plain is mapped. Mr. Witt stated that the ordinance was well put together and an excellent job was done and he hoped that the surveyors, engineers and developers would appreciate all the work. D. CONDITIONS None. E. COMMISSION ACTION(S) Mr. Don Witt made a motion to recommend approval of the Subdivision Ordinance Re-write. The motion carried 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 26, 2002 ORDINANCE REPEALING APPENDIX B. SUBDIVISIONS. IN ITS ENTIRETY AND ADOPTING CHAPTER 29. SUBDIVISIONS. OF THE ROANOKE COUNTY CODE WHEREAS, upon the request of the Roanoke County Planning Commission a complete rewrite and revision of Roanoke County's Subdivision Ordinance is appropriate and necessary due to significant changes in the enabling legislation of the Commonwealth of Virginia and complimentary development ordinances of the Roanoke County Board of Supervisors; and WHEREAS, this ordinance has been developed with significant contributions from the professional engineering and surveying community, State agencies, and the Roanoke Regional Homebuilders' Association; and WHEREAS, this ordinance enhances customer service through the use of current technology for electronic submittals; and WHEREAS, the Planning Commission held a public hearing on this ordinance on February 5, 2002; and the Board of Supervisors held the first reading of this ordinance on February 12, 2002, and held the second reading and public hearing on February 26, 2002; public notice having been given as required by law; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Appendix B. Subdivisions of the Roanoke County Code be, and hereby is, repealed in its entirety. 2. That Chapter 29. Subdivisions as set out below be, and hereby is adopted in its entirety. +; ~ ,. 3. That this ordinance shall be in full force and effect from and after its adoption. A certified copy of this ordinance shall be maintained and on file in the office of the Clerk to the Board of Supervisors of Roanoke County and a certified copy shall be filed in the Clerk's Office of the Circuit Court of Roanoke County, Virginia. AGENDA ITEM NO. APPEARANCE REQUEST -PUBLIC NEARING ORDINANCE -CITIZEN COMMENTS SUBJECT: `~v~3~,~~~,.-ti CUiZD„~~,v~~:-- 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: J off= h^-u-~. ~..R-~~-~~~- ADDRESS: 2 ~ i z Lu mac, a ~~-.r. /~v_~ ~2.~- PHONE: ~ ~~ aZ- ~ ~ Second Reading Board of Supervisors Public Hearing February 26, 2002 29-5.4 Size, information, and requirements for a preliminarylfinal plat ~- ~ (a) Each parcel, with the exception of utility, conservation, and parcel created to serve as a private road must have an appropriate building envelope. (b) Where public utilities are unavailable, each parcel shall pass a soil evaluation test for the installation of an onsite septic system and drainfield, and have a suitable location for a well contained on the lot it serves. The specific regulations governing septic systems and wells can be found in the Commonwealth of Virginia State Board of Health Sewage Handling and Disposal Regulations and Private Well Regulations, as amended. Parcels may be exempted from the soil evaluation and well requirements in special circumstances such as in the creation of utility, conservation, and parcels created as private roads. (c) All preliminary plats submitted for final approval shall be eighteen (18} by twenty-four (24) inches and drawn to a scale no smaller than 1"=100' unless otherwise approved by the agent. (d) There shall be a reasonable fee charged for the review of a preliminary plat. Such fee schedule shall be established by resolution of the- Board and a copy shall be maintained in the agent's office. The plat review fee shall be paid prior to final plat approval. (e) Plat standards shall generally conform to The. Library of Virginia Standards and Guidelines for Microfilm, Plats, Instruments, and Circuit Court Records. (f) All distances and areas shown on a plat shall refer to measurement in a horizontal plane. (g) Both the preliminary and final plats shall demonstrate compliance with the requirements of the County of Roanoke Zoning Ordinance and this chapter. They shall contain the elements as shown in Table 1 below, unless otherwise directed by the agent. Table 1 Subdivision name: Name of the subdivider. Name of the surveyor or engineer. Surveyor's professional seal signed with a permanent marker. II owners, trustees, and beneficiaries must sign the plat with a permanent marker; signatures must be acknowledged by a notary public. If the plat is drawn from record or from a current field survey. Ori final tax ma numbers and tax map numbers assigned to new lots. II monuments and iron pins. Deed references. Date of the plat. Magisterial district. legend. he scale. Boundary coordinates. Bearings and distances of all boundaries. Labeled lots. creage or area of all new tracts, including common open space, park, or public lands, and the remaining tract. II adjacent property owners, deed book and page references, lots, blocks, section numbers and the County's tax map numbers. Identification of graves, objects, or structures marking a place of human burial. vicinity map with a north arrow. north arrow that references either true or magnetic meridian. II existing building structures showing setbacks to nearest property line. -Show and name all natural watercourses. Note the following on the plat: "This property is/is not located in a special flood hazard area designated as Zone 'X.' This determination is based on the current FEMA flood insurance rate ma sand has/has not been verified b actual field elevations." Show FEMA Map Number or Community Panel Number and FEMA flood hazard zone. 12 AGENDA ITEM IpO. LL APPEARANCE REQUEST PUBLIC FIEARING -ORDINANCE CITIZEN COMMENTS 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 TD 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: ~ ~ ~ ~e~ 5 ~~~/' >i~ ( S _ .---~ ADDRESS: ~l C~ ~ ~~ ~ ~~~ ~/,~1~) ~~~,~,~ . PHONE: 5~ ~ _ ~ ~7,~ - 7~~~U CERTIFICATION OF CLOSED MEETING BY MEMBER WHO LEFT PRIOR TO ADOPTION OF CERTIFICATION RESOLUTION ON TUESDAY, FEBRUARY 26, 2002 This is to certify that while I was not present to vote on the Certification Resolution following the Closed Meeting on February 26, 2002, to the best of my 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. ~' . ~~~ . !ter ' c~ ~-- H. Odell "Fuzzy" Minnix of ROANp,Y~ f ' . a ~ ti• ~ y z c~ a ~~~xxY~ ~r~ ~~xxY~Or .~ 1838 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540)772-2005 MARY H. ALLEN, CMC FAX (540) 772-2193 CLERK TO THE BOARD Email: mallen®co.roanoke.va.us March 1, 2002 Ms. Beverly Eyerly 4904 Cherokee Hills Drive Salem, VA 24153 Dear Ms. Eyerly: BRENDA J. HOLTON, CMC DEPUTY CLERK Email: bholton~co.roanoke.va.us I am pleased to inform you that, at their meeting held on Tuesday, February 26, 2002, the Board of Supervisors voted unanimously to appoint you as a citizen at large representative to the League of Older Americans Advisory Council for a one year term. This position is currently vacant and your term will expire on March 31, 2003. 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. 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. Very truly yours, Mary H. Allen, CMC Clerk to the Board of Supervisors bj h Enclosures cc: Mrs. Susan B. Williams Executive Director League of Older Americans 706 Campbell Avenue Roanoke, Va 24009 o~ ROANp~~ t , ' ~ ~ p z ~ a C~~~~~ ~~ ~~xx~~.~..~ 1838 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 MARY H. ALLEN, CMC FAX (540) 772-2193 CLERK TO THE BOARD Email: mallen®co.roanoke.va.us March 1, 2002 Ms. Joann Thompson 344 Buckwood Trail Salem, VA 24153 Dear Ms. Thompson: BRENDA J. HOLTON, CMC DEPUTY CLERK Email: bholton ~co.roanoke.va.us I am pleased to inform you that, at their meeting held on Tuesday, February 26, 2002, the Board of Supervisors voted unanimously to appoint you as an alternate member to the Grievance Panel. Your three year term will expire on October 31, 2004. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, Mary H. Allen, CMC Clerk to the Board of Supervisors Enclosures cc: Joe Sgroi, Director, Human Resources 4 4 ~ o~ aoarvo~.~ ` , >~ ti ~~ v a 2 C~:a~xx~~ ~~ .~~x~~.~.~ 1838 - Board of Supervisors P.O. BOY 29800 5204 BERNARD DRIVE ROANOKE, VA 24018-0798 Joseph B. "Butch" Church, Chairman Richard C. Flora Catawba Magisterial District Hollins Magisterial District Joseph McNamara, Vice-Chairman H. Odell "Fuzzy" Minnix Windsor Hills Magisterial District Cave Spring Magisterial District Harry C. Nickens Vinton Magisterial District .~vlarcG~, 4, Zoo2 ,~vfr. 3~enr~y .~-L. ~l~Vise 7594 Countrytivood Drive, S~YV Roanoke, vA 24018 Dear ~Ir. ~1Nise: On 6e~.alf of tGr.e members of tFie Roanoke County Board of Stipervisors, I tivant to express oua-sincere appreciation for your service on tl2e Roanoke County Grievance Panel. I want to personally tank you for your many years of capable and dedicated-service on t~iis Board: Citizens, like you, tivGto are responsive to tie needs of their com~~.unity and~are tiviCling to d-ovate their time and talent totivard-making Roanoke County a better place to live are special people. Roanoke County is fortunate to have 6enefittec~ from your unseCfis(~. contribution to our co~~imunity. .~ls a small token of appreciation, 'we enclose a Certificate of Appreciation for your service to Roanoke County. Sincerely, ` / ~ /~ p sef ,josep~ B. "Butch" Church, Chairman Roanoke County Board of Supervisor Enclosure cc: Joe Sgroi, Director, 3~urnan Resources OFFICE: FAX: VOICE MAIL: (540)772-2005 (540)772-2193 (540)772-2170 E-MAIL: bos C~co.roanoke.va.us 4~ ,~ w #~, ~-F-~ O~ Z~ 7~ a_ z W~ 0 Q O V F-. 0 Z N V O V W h W V O W 0 ~~ 0 O ~ W W ci ~ 4~ W H dW H~ w ~U 4~. ~ W ~~ ~~ w~ H~ ww ~O H Z N 0 O N x v V.. 0 -°v ~d M c >_ i. '; i '~1~,. ~~ o~ .y ~ L ~+ av ~~ ~~ o o~ m ~ _ .~ D ~ ~ '0 0 ,z ~ O~ ROANp~~ i ti A ~ ' 2 L7 a ~~~~~ ~~ ~~~~.~t..~ 1838 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540)772-2005 MARY H. ALLEN, CMC FAX (540) 772-2193 CLERK TO THE BOARD Email: mallen~co.roanoke.va.us March 1, 2002 Appalachian Power Company 3 James Center, Suite 702 Richmond, VA 23219-4029 Gentlemen: BRENDA J. HOLTON, CMC DEPUTY CLERK Email: bholton~co.roanoke.va.us Attached is a certified copy of Resolution No. 022602-2 determining that Appalachian Power Company is the only source practicably available to provide electric service and street lighting service to the County and authorizing an extension of current contracts for such services upon certain terms and conditions. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, February 26, 2002. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, CMC Clerk to the Board of Supervisors Attachment cc: Howard W. Dobbins, Council for VML/VACo APCo Steering Committee Gardner W. Smith, Roanoke County, Director of Purchasing Paul M. Mahoney, Roanoke County Attorney Gary Robertson, Roanoke County Director of Utility February 26, 2002 County staff requests the Board to adopt a motion to enter into closed session within the provisions of the Virginia Freedom of Information Act as follows 1. Section 2.2-8711 A.1. -Discussion in consideration of the assignment or performance of specific public officers, appointees, or employees of the County, and evaluation of performance of certain departments. • • .3~s-g~y~--w ~._ UQ a ya ~~ ~o~~n~ 1s ~ ~ o •-~ S ~ ,~`" ,, Butch: League of Older Americans Advisory Council As a result of my speaking at the Quarterly Civic League meeting on Committees, Commissions and Boards, we finally have someone for the League of Older Americans Advisory Council and she comes from your district. Can you nominate her at the next meeting? I'll add it to your agenda. Her name: Beverly Eyerly 4904 Cherokee Hills Drive Salem, Virginia 24153 Phone: 380-4510 Mary Allen 2/7/02 Brenda Holton -Japanese exchange students Page 1 w From: Brenda Holton To: Kimberly Date: 2/25/02 9:21 AM Subject: Japanese exchange students Below are names of students from Kawaguchi Junior College in Saitoma City, Japan. We are giving them Certificates of Honorary Citizenship. I probably won't have to read but have listed the information printed on the certificate below the students' names. Shinako Miyazato Aoi Suzuki Yuka Masui JJ Megumi 1Kakagawa Kana Yamada Certificate of Honorary Citizenship Be it hereby known that (name) has, on February 26, 2002, been named an Honorary Citizen of Roanoke County, Virginia, and shall hold and enjoy a place of high esteem in the minds and heart of the Citizens of the County of Roanoke. Signed by Chairman, County Administrator and attested by Clerk to the Board. Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors 540-772-2005 bholton@co.roanoke.va.us CC: Mary Allen ,m_m~_.. __... Wanda Riley - Re. HELP!!! From: Jennifer Mulligan <JMULLIGAN@vw.vccs.edu> To: "Wanda Riley" <WRILEY@co.roanoke.va.us> Date: 2/22/02 10:18AM Subject: Re: HELP!!! Ms. Riley Here are the names of the students that you requested: Shinako Miyazato Aoi Suzuki Yuka Masui Megumi Nakagawa Kana Yamada They are from Kawaguchi Junior College in Saitoma City Japan. _:_ _ _ _ Page 1 At 08:24 AM 2/22/2002 -0500, you wrote: >I just found out that Elmer wants the full names, schools, city, etc. of the Japanese students. He wants to put this in a report to the Board. The agenda goes out today. Need this by 10:00. Can you help me???? Thanks. >P.S. I didn't receive the new itinerary. Shinako Miyazato Aoi Suzuki Yuka Masui Megumi Kakagawa Kana Yamada T C O V E R FAX S H E E T Clerk to the Board To: Mike Sisler, Principal Glenvar High School Fax #: 387-6347 ~ ~:.~1 ~~ •- ~,~ Subj: Board of Supervisors Recognition Date: January 10, 2002 Pages: This will confirm our telephone conversation of today. The Board of Supervisors will recognize the Lady Highlanders Basketball team at the February 26 meeting at 7 p.m. I will call you the week before to verify everything and have you review the spelling of the girls names, etc. If you have any questions, please call me at 772- 2003. Mary H. Allen Clerk to the Board 772-2003 fax - 772-2193 boa. ~ - -~.~ ~~.~ ~~ ~ ~ C ~-ate?-c.~.J . t.~,~-e.~._,~._ TRANSMIT MESSAGE CONFIRMATION REPORT v-~-• NAME:RKE BOARD SUPERVISOR TEL :540 772 2193 DATE:01/10'02 1b:Ob TRANSMIT: 9P387P6347 ~ DURATION ~ PAGE ~ SESS ~ RESULT ~ TYPE MEMORY TX ~ MODE ~ E - 14 ~ 00'26 ~ 01 ~ 275 ~ OK C O V E R FA~~ 5 H E E T Clerk to the Board ~'o: Mike Sisler, Principal Glenvar High School Fax #: 387-6347 Sub,: Board of Supervisors Recognition Date: January 10, 2002 Pages: This will con.fi.rnn oux telephone conversation of today. The Boaz~d off' Supervisors will recognize th,e Lady Highlanders Basketball team at the February 26 ~.neeting at ~ p-m- ~ will call you the week Uefore to verify everything and. have you review the spelling of the girls names, etc_ If you, have any questions, please call ~me at 772 2003. 1VIary H. AIIen Clerk to the Board 772-2003 fax - 7722193 Jan-29-OZ O8:Z6A ~~ rl~-- ~-./~. ~ ~,~~ Y~lejrle ~fi ~~ ~~ C~I~envar• Flerncr~t~r y Scf~uol '~'~ ~ 4507 Malus f)rive r ' ~ ' Sr~lern, VA 2453 °o,, ^~:' ,~~~ 54U-387-G54t) ~~ ~~,~ beg~~`s E~~ax# (541))387-Ci351 1711' f' f ;: __ ~~ `C~ KU..~~.-.~,,.~ ...__ ~~~G ~ ~~(-~: .M~ ~ . A~ ..... P_Ol Nl.JM13LiR OTC i'ACikS 'I'(.} f~f)f .1,,,OW: _....5~~c~E~ A~----~~~~...._.~4 S -~- . '~.~~~ ._.-..cad .... ------ Jan-29-02 08:26A P.02 ' Glenvar Lady Highlanders Basketball -Season f3ox Scare Non Retard __ OweraN. Home A_war. „Newtrsl All asme~s __ 27-2 16-1 _ 9-0 __ Z-1 Conf*_ronae 10.0 _ _ 5_-0 _ 5-0_ 0.0 _ _ -Conference _ 9-2~~ _ 3-1 a-0 2-1~~ Plapaftf _ , 8.0 8-0._ 0-0 .,, 0-0__ Name G/GS fiO FGaNn 3Pt 3pt9~b FT FTaYb PT'S Avp P/5 ORB DRB tR AvQ PF AST TO eS ST DA 1 Amber Matxy 16/0 1/13 7.69 0/i 0.00 1/4 25.0 3 0.19 0.20 1 4 5 0.31 5 3 16 0 3 0 Sierra Shelor Z7/1 17/61 27.9 3/8 37.5 11/18 61.1 48 1.y8 0.69 11 22 33 1.22 Zl 5 23 0 19 0 Apyson Fasnacht 29/19 124/283 43.8 10/30 33.3 158/220 71.8 416 14.3 1.06 22 120,142 4.90 49 121 71 16 120 0 Rebeoc~ Downor 29/21 54/159 34.0 41/125 32.8 16/19 84.2 165 5.69 0,98 13 3a 47 1.62 48 51 64 1 22 0 Leigh Ann WoOdley 29/28 79/227 34.8 41/128 34.7 18/Z6 69.2 217 7,48 0.90 21 42 63 2.17 37 49 69 3 52 0 Amanda Kite 29/28 130/279 46.6 11/48 22.9 63/91 69.2 334 11.5 1.03 57 115 172 5.93 55 36 60 23 46 0 Cherie Twine 11/8 15/59 25.4 3/7 4Z.9 8/15 53.3 41 3.73 0.62 9 24 33 3.00 Z3 21 25 2 14 0 Caryl Fier(ngbon 29/0 16/32 50.0 0/0 0.00 3/8 37.5 35 1.21 0.97 ZS 24 5Z 1.79 Z5 6 16 3 6 0 Katie Kllk Z9/1 4/36 25.0 3/7 42.9 15/24 62.5 36 1.24 0.75 20 45 65 2.24 44 8 26 5 10 • 0 Sarah Frazier Z9/Z9 119/Z38 50.0 0/0 0.00 52/113 46,0 Z90 iQ0 0.99 96 129 Z25 7.76 75 A9 79 31 41 0 Elizabettr Kite 13/0 4/iz 33.3 7_/8 25.0 0/0 0.00 10 0.77 0.89 2 7 9 0.69 10 4 10 0 4 0 oeslree Mliler 1/0 0/0 0.0o a/o O.UO o/0 0.00 0 o.ao 0.00 0 2 z z.00 1 0 0 0 0 0 < team 51 37 8$ 61 15 97 Total Z9 568/1399 40.6 114/352 3Z.4 345/$38 64.1 1595 55.0 0.90 331 805 936 3Z.3 393 414 474 84 434 0 G/GS FG F~i9Ro apt 3Ptab F7' FT9~6 PTS Avp p/S ORB pRB TR AvQ PF AST t0 BS ST DA Opponenb Z9 405/1330 30.5 57/244 23.2 213/395 83.9 3.080 37.2 0.71 306 ri14 8Z0 28.3 435 198 545 4Z Z41 0 '~100'fINQ Field Goafg6 2Pt Goal% apt Goal9b Free Throw 46 IIJLLI HANDLIIrjG Assists Turnovers Steals Def. Assists i3H 6rra{Y6 OTHER HiphlBnders Oppotren>bs 40,6 30.5 43.4 32.1 32.4 23.z 64.1 53.9 414 {14.3) 474 (16.3) 434 (15.0) b (a.o) 20.6 Off. possesskxis 2304 (79.4) pts per Pussessbn 0,69 Def. Effidency 50.30 Charges Taken 4 198 (6.8) 545 (18.8) 241 (8.3) o (o.o) Z3.8 2288 (78.9) 0.47 42.9°~ 4 REBOUPIDING Hiphlandere Opponents Total }rebound gib 53.3 46,7 Off. Rebound 9b 39.2 33.6 13ef. Rebound °W 66.4 60.8 Total Rebounds 936 {32.3) 820 {28.3) Off. Rebounds 331 (11.4) 306 (10.6) Def. Rebounds 605 (20,9) 519 (17.7) Team Rebounds 88 (3.0) 93 (3.2) SCORING TOta! Points 1595 (55.0) 1080 (37.2) pts off Turnovers 542 (18.7) 273 (9.4) 2nd Effort Pts 2Z7 (7.8) 173 (6.0) Pts oft eencf- 186 (6.4) 164 (5.7} 3Pt Points 342 (11.8) 171 (5.9) Free Throw Pts 345 (11.9) Z13 (7.3) Jan-29-02 08:26A .. w. Special Awards Allyson Fasnacht--All-District, All-.Region, All-State Region C Player of the Year, AP State Player of the Yea C,~-, Sarah Frazier-- All-District, All-Region Amanda Kite-- All-District, All-Region P_03 Bryan Harvey-- Three Rivers District Coach of the Year, Region C Coach of the Year Sports -high School -Highlanders supreme Page 1 of 4 ~~ ~~., ~: News ~ Columnists i Sp01"tS ~ Destinations ~ Business ~ Outdoors.& Recreation Freetime (Health i Communi~ ~ Jobs i Yellow_Pa~c es, Maps, White Pages ~ Shopping VT Football I VT_Basketball ~ UVA Football ~ UVA Basketball ~ VT Insider ~ UVA Insider ~ Notebook I Golf I Hockey I Racing I Baseball ~ Hlgf'1 SC~'100~ Group A championship: Glenvar 41, Radford 38 Highlanders supreme Glenvar fulfills coach Bryan Harvey's preseason prediction of a state championship. By ROBERT_ANDERSON THE ROANOKE TIMES Before Saturday, Glenvar and Radford had been to court together four times this season. Heading for one last stand, their coaches were pleading one thing: Glenvar did. The Highlanders captured the Group A girls' basketball championship with their fifth victory over Radford this year, a 41-38 verdict at Salem Civic Center. Glenvar coach Bryan Harvey gave testimony that showed he was highly concerned about meeting the Highlanders' Three Rivers District rival for the fifth time. "I was scared," Harvey said. "I'm not going to lie. I was worried. They're a good team. To beat a team four times and then lose in the state championship, that would be really tough." Harvey could have turned to Allyson Fasnacht http://www l .roanoke.com/sports/highschool/4186.htm1 12/03/2001 It was quite a trial. Radford held a 38-37 lead inside the final 30 seconds before Glenvar (27-2) escaped with its 21st straight win and their second state championship in the last five years. Sports - ~digh School -Highlanders supreme for relief. The sophomore point guard didn't admit to the jitters. "We knew that we beat them four times and we knew we could do it again," Fasnacht said. "We figured they wanted to play us, and we just said, 'Bring it on."' Radford (19-10) certainly did. The Bobcats led by as many as four points in the first half and went toe-to-toe with Glenvar in a rollicking fourth quarter behind the inside work of Sydni Day, who scored half of her team-high 14 points in the final period. When forward Ashley Franklin converted a feed from Day with 1:21 left, Radford went up 38-37, its first lead since the second quarter. Franklin, who finished with 12 points and 12 rebounds, then pulled down a defensive board, and suddenly the Highlanders had possession and the lead with 48 seconds left. Radford went into a delay game, but Day found herself with the ball at the head of the key in an awkward position. Glenvar's Sarah Frazier popped it loose, then Fasnacht got fouled on the way to the hoop. "She was off-balance and I just tipped it," Frazier said. Radford coach Larry Mannon said the Bobcats weren't necessarily looking for the deep freeze. "It was only a free throws and layups type of deal right there," Mannon said. "In that situation you need to stay spread out and keep the ball moving, not hold on to it." Fasnacht made both free throws fora 39-38 Glenvar lead with 22 seconds to play. Radford had a chance to go back up, but Jennifer Turner missed aone-and-one. The rebound popped free, but Fasnacht snared it with abelly-flop dive near the sideline and called a timeout. "Coach Harvey always talks about getting on the floor and outhustling everybody," Fasnacht said. "I saw it rolling and I got it." Radford fouled Fasnacht before the inbounds pass, and she again made both shots fora 41-38 lead and the last of her game-high 17 points. http://www l .roanoke.com/sports/highschool/4186.htm1 Page 2 of 4 12/03/2001 Sports - Fdigh School -Highlanders supreme Fasnacht, who made five of 15 free throws in the season opener, drilled nine of 10 on Saturday. "We were hoping to deny her and foul somebody else," Mannon said. "We know that she can make 'em in the clutch. She's the glue to their whole team. There's no doubt about that. They're a good team, but without her, it's not quite the same." With 11.7 seconds left, Radford had plenty of time. The Bobcats tried to set up Hillary Hayes behind the 3-point line, but Glenvar's defense didn't allow any daylight. The buzzer sounded before Radford could launch an attempt. "We had the play, but the screens weren't solid enough to get the shot off," Mannon said. "I'm disappointed for the players because they worked so hard. I think they deserved to win it all, but hey, give Glenvar credit. They somehow find a way." Perhaps it was because Glenvar had a road map. Harvey unabashedly pegged his team as a state title contender before the season began. "A lot of people don't like to talk about a state championship too early," Harvey said. "They don't want to come across as being arrogant, but you've got to set some goals for yourself. You've got to decide where you want to get to. Then you've got to decide what you want to do to get there. That was my approach." Now Glenvar has its second trophy, matching the one from 1997. That is, unless there's another game against Radford to play. "We'd beat 'em again." Fasnacht said. "Maybe." ROBERT ANDERSON can be reachedat 981- 3123 or robertand@roanoke.com. RADFORD (38) Turner 0-1 2-3 2, Franklin 6-12 0-0 12, Day 5- 12 4-6 14, Hayes 2-6 0-0 6, Lewis 2-5 0-0 4, Hash 0-1 0-0 0. Totals 15-38 6-9 38. GLENVAR (41) Page 3 of 4 http://wwwl .roanoke.com/sports/highschool/4186.htm1 12/03/2001 Sports - Thigh School -Highlanders supreme Woodley 2-3 2-2 7, A.Kite 2-7 2-2 7, Frazier 3- 7 4-5 10, Fasnacht 4-9 9-10 17, Downor 0-1 0-0 0, Klik 0-0 0-0 0, Shelor 0-0 0-0 0, Herington 0-0 0-0 0. Totals 11-28 17-19 41. Radford 119414-38 Glenvar139712-41 3-point goals: Radford 2-6 (Hayes 2-5, Lewis 0-1 ), Glenvar 2-6 (Woodley 1-1, A.Kite 1-3, Downor 0-1 ). Rebounds: Radford 26 (Franklin 12), Glenvar 16 (Fasnacht 4). Assists: Radford 9 (Lewis 6), Glenvar 6 (Downor 3). Total fouls: Radford 13, Glenvar 12. Fouled out: Franklin. Advertise I About Us LAdvertiser's_.Index I SurveX I Roanoke.com _Feedback All material ©Copyright 2001 - roanoke.com and partners. Page 4 of 4 http://www l .roanoke.com/sports/highschool/4186.html 12/03/2001 Mary Allen - Re: Glenvar Ladies Basketball Team Page 1 • y ~~ ~ From: Mary Allen To: Brenda Chastain Subject: Re: Glenvar Ladies Basketball Team Thanks. I'll call Mr. Sisler myself and set up for Jan. 22 at 7 p.m. Thanks for you help. Do you know who the coach is? »> "BRENDA F. CHASTAIN" <bchastain@res.k12.va.us> 01/09/02 08:05AM »> We will recognize them tomorrow night. Principal Mlke Sisler has not given me names yet of any individual winners or statistics. I will remind him today that I need that info and will forward it on to you. Brenda F. Chastain, Clerk Roanoke County School Board 5937 Cove Road Roanoke, VA 24019 562-3900 Extension 112 562-3993 (fax) bchastain aC~res.k12.va.us CC: Brenda Holton; Butch Church Mary Allen -Fwd: Re: recognitions Page 1 From: Mary Allen To: Brenda Chastain Subject: Fwd: Re: recognitions Is she from the Glenvar team? If so, we'll include that in our reso and her certificate. »> "BRENDA F. CHASTAIN" <bchastain@res.k12.va.us> 01/09/02 08:21AM »> Allyson Fasnacht was named State "A" Player of the Year for 2001 Girl's Basketball. Quite an exceptional feat for a sophomore! Mary Allen - Re: Fwd: Re: recognitions From: "BRENDA F. CHASTAIN" <bchastain@res.k12.va.us> To: <mallen@co.roanoke.va.us> Date: 1 /9/02 11:28AM Subject: Re: Fwd: Re: recognitions Allyson is part of the Glenvar team............the coach is Bryan Harvey Brenda F. Chastain, Clerk Roanoke County School Board 5937 Cove Road Roanoke, VA 24019 562-3900 Extension 112 562-3993 (fax) bchastain@res.k12.va.us - 9 - Pa e1' Mary Allen -Fwd: Brenda, Page 1 From: Brenda Holton To: Mary Allen Date: 1 /7/02 8:07AM Subject: Fwd: Brenda, Mary, please put this in the Board meeting folder with the Glenvar information. Do we have any idea when they will be recognized? Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors 540-772-2005 bholton@co.roanoke.va.us »> Joe McNamara 01/04/02 06:22PM »> Brenda, Glenvar High School Girls Basketball Team will undoubtedly be recognized at some future Board Meeting since they were State CHamps. A gentleman, Marshall Frazier, 309-6271, has requested that he be notified when this occurs...so that he can come and observe the recognition. Would you please notify Mr. Frazier when the date and time for this recognition is established. Thank you. Joe Mary Allen -Fwd: Brenda, From: Brenda Holton To: Mary Allen Date: 1/7/02 8:07AM Subject: Fwd: Brenda, Page 1 Mary, please put this in the Board meeting folder with the Glenvar information. Do we have any idea when they will be recognized? Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors 540-772-2005 bholton@co.roanoke.va.us »> Joe McNamara 01/04/02 06:22PM »> Brenda, Glenvar High School Girls Basketball Team will undoubtedly be recognized at some future Board Meeting since they were State CHamps. A gentleman, Marshall Frazier, 309-6271, has requested that he be notified when this occurs...so that he can come and observe the recognition. Would you please notify Mr. Frazier when the date and time for this recognition is established. Thank you. Joe -_ Mary Allen -Glenvar Ladies Basketball Team From: Mary Allen To: Brenda Chastain Subject: Glenvar Ladies Basketball Team Hi Brenda, has the School Board recognized the Glenvar Ladies Basketball team yet? I would like to contact the coach but wanted to wait until after the SB recognized them. If you have, do you have any statistics you could send us for our resolution? Also, do you have any info on individuals who made All state football and are you going to recognize them? Thanks for you help. This seems to be working. Page 1 CC: Brenda Holton; Butch Church G~ ,~~ ~~ ~ ~ ~ ,~ ~~~ k~ ~ ~~ ~~ ~~~ ~ ~9-~ ~ ~ ~ ~~. `-I'~ ~ ~ ~~(' Virginia School Boards Association "Children Are Our Common Wealth" December 3, 2001 Together, for the Children Governor-Elect Mark R. Warner has been asked to proclaim the month of February as School Board Appreciation Month in Virginia. This observance was established by the Virginia School Boards Association in 1989 to encourage public recognition of the roles and responsibilities of school board members and to highlight the importance of public education throughout the Commonwealth. Many school divisions plan local appreciation activities for school boards in conjunction with this special month. This year's theme "Together, for the Children" stresses the important role that today's school boards play in the future of public education. More than 850 school board members in Virginia aze entrusted with establishing goals and policies for 1321oca1 school divisions. As constitutional officers of the Commonwealth, school board members are responsible for setting educational policies, employing school personnel, providing buildings and equipment, operating a transportation system, and disbursing school funds. As community leaders, school boards serve as advocates of the children in local public schools and must study, evaluate and decide what actions aze in the best interest of those students. Camera-ready promotional ads are included for your convenience. For further information, contact Gina Patterson, Director of Membership Services at the Virginia School Boards Association, at (434) 295-8722. 2320 Hunter's Way • Charlottesville, Virginia 22911-7931 • (804) 295-8722 Fax: (804) 295-8785 • E-mail: vsba@vsba.org • Homepage: www.vsba.org • ~ ~~~~~~ LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board Of Supervisors will hold a public hearing at 7 p.m. on Tuesday, February 26, 2002, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Jerry and Donna Green to obtain a Special Use Permit for a Private Kennel on 1.50 acres located at 5606 Barns Avenue, Hollins Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: February 8, 2002 Mary H. Allen, CMC Clerk to the Board Please publish in the Roanoke Times Tuesday, February 12, 2002 Tuesday, February 19, 2002 Direct the bill for publication to: This is a private citizen, payment will be sent (or contact made for payment) prior to noon Friday, February 8, 2002. Jerry & Donna Green 5606 Barns Avenue Roanoke, VA 24019 (540) 362-9490 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, February 26, 2002, 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 re-write the Roanoke County Subdivision Ordinance. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: February 8, 2002 Mary H. Allen, CMC Clerk to the Board Please publish in the Roanoke Times Tuesday, February 12, 2002 Tuesday, February 19, 2002 Direct the bill for publication to: Roanoke County Community Development Planning & Zoning P. O. Box 29800 Roanoke, VA 24018 (540) 772-2068 Attn: Tammi Wood 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, February 26, 2002, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Betty J. F. Henderson to obtain a Special Use Permit to operate a Home Occupation for a Beauty Salon on .27 acres, located at 5704 Malvern Road, NW, Hollins Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: February 8, 2002 Mary H. Allen, CMC Clerk to the Board Please publish in the Roanoke Times Tuesday, February 12, 2002 Tuesday, February 19, 2002 Direct the bill for publication to: Shear Design 5704 Malvern Road, NW Roanoke, VA 24012 (540) 366-4069 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Mary H. Allen Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 Mary Allen -Legal Notices -Reply Page 1 ~, From: Legals Staff <legals@roanoke.com> To: <mallen@co.roanoke.va.us> Date: 2/11 /02 10:02AM Subject: Legal Notices -Reply thanks -this runs Feb. 12 & 19 -cost is $137.94... martha LEGAL NOTICE ~ROANOKE COUNTY ABOARD OF SUPERVISORS The Roanoke County Board Of Supervisors will hold a public hearing at 7 p.m. on Tuesday, February 26, 2002, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Betty J. F. Henderson to obtain a Special Use Permit to operate a Home Occupation for a Beauty Salon on .27 acres, located at 5704 Malvern Road, NW, Hollins Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: February 8, 2002 Mary H. Allen, CMC Clerk to the Board (1844968) Mary Allen -Legal Notices -Reply . - . ~ ~. From: Legals Staff <legals@roanoke.com> To: <mallen@co.roanoke.va.us> Date: 2/11!02 10:10AM Subject: Legal Notices -Reply this also runs Feb. 12 & 19 -cost $121.22... thanks.. martha LEGAL NOTICE ~ROANOKE COUNTY ABOARD OF SUPERVISORS The Roanoke County Board Of Supervisors will hold a public hearing at 7 p.m. on Tuesday, February 26, 2002, 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 re-write the Roanoke County Subdivision Ordinance. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: February 8, 2002 Mary H. Allen, CMC Clerk to the Board (1844985) Page 1 Mary Allen -electric service contract Page 1 .-.~ ~a From: Paul Mahoney To: Gary Robertson Date: 1 /24/02 12:43PM Subject: electric service contract Gary: I have several questions concerning the VMWACO APCo electric service negotiations and future BOS action. 1) Will you be attending the Jan. 24 informational meeting in Roanoke? ECH-- will you also attend? 2) The steering committee is recommending local government action on one of the options by March 18, 2002. When do you want our BOS to act, Feb. 12, Feb. 26 or March 12? I will modify the draft resolution for the Board. I suggest that we modify the cover memo from VML/VACo and import its key elements into the BOS Board Report. 3) When we last discussed this matter, I recall we favored the extension of the contract thru 2007. Is that still your recommendation? Do we know what the School Board is going to do? 4) What other action do we have to take? This communication and advice is provided to you within the scope of the attorney-client privilege,. and as such, it is confidential and is exempt from disclosure under the provisions of the Virginia Freedom of Information Act. Paul M. Mahoney County Attorney CC: Elmer Hodge; Mary Allen