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HomeMy WebLinkAbout1/28/2003 - Regular~Norking document -Subject to 1~evision Roanoke County Board of Supervisors Action Agenda January 28, 2003 Good afternoon and welcome to our meeting for January 28, 2003. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursdays at 7:00 p.m. and on Saturdays at 4:00 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. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call ROLL CALL AT 3:01 P.M. WITH JPM ABSENT (ARRIVED AT 3:03 P.M.) 2. Invocation: Dr. Charles G. Fuller Pastor Emeritus -First Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS NONE C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS NONE D. BRIEFINGS NONE E. NEW BUSINESS NONE 1 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 READINGS 2 READINGS AND PUBLIC HEARINGS - 2/25/03 URC 1. First reading of an ordinance to rezone .67 acres from C-1 Office District to C-2 General Commercial District in order to operate a beauty salon located at 3505 Brambleton Avenue, Windsor Hills Magisterial District, upon the petition of Windsor House, Inc. 2. First reading of an ordinance to rezone 17.034 acres from R-3 Medium Density Multi-Family Residential District to R-4 High Density Multi-Family Residential District in order to construct multi-family dwellings located at the east side of Plantation Road at the intersection with Hershberger Road, Hollins Magisterial District, upon the petition of Carroll Investment Properties, Inc. G. FIRST READING OF ORDINANCES NONE H. SECOND READING OF ORDINANCES NONE APPOINTMENTS 1. Blue Ridge Behavioral Healthcare 2. Commission for Senior and Challenged Citizens (Appointed by District) 3. Grievance Panel 4. Library Board (Appointed by District) HOM NOMINATED MS. PHYLLIS AMOS TO SERVE AFOUR-YEAR TERM WHICH WILL EXPIRE DECEMBER 31. 2006. HE REQUESTED THAT HER NAME BE PLACED ON THE CONSENT AGENDA FOR CONFIRMATION AT THIS MEETING. 2 5. Roanoke Regional Airport Commission HOM NOMINATED ARTHUR M. WHITTAKER. SR. TO SERVE AN ADDITIONAL FOUR-YEAR TERM WHICH WILL EXPIRE FEBRUARY 10, 2007. 6. Roanoke Valley Resource Authority J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. R-012803-1 JBC MOTION TO ADOPT RESOLUTION URC 1. Approval of minutes -January 2 and January 14, 2003 2. Confirmation of appointments to the Disability Services Board and the Library Board (appointed by district) A-012803-1.a 3. Donation of .1567 acre portion of land for public right-of-way from Richard A. Blusher, Vinton Magisterial District A-012803-1.b 4. Request from schools to accept and appropriate $369 from the Virginia Commission for the Arts A-012803-1 c 5. Request to accept water and sewer facilities serving Innsbrooke Estates A-012803-1.d K. REQUESTS FOR WORK SESSIONS NONE 3 L. REQUESTS FOR PUBLIC HEARINGS NONE M. CITIZENS' COMMENTS AND COMMUNICATIONS NONE N. REPORTS HOM MOTION TO RECEIVE AND FILE THE FOLLOWING REPORTS URC 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Report of Claims Activity for the Self-Insurance Program for the period ended December 31, 2002. O. CLOSED MEETING pursuant to Code of Virginia Section 2.2-3711 A (7) consultation with legal counsel and briefings by staff pertaining to contract discussion with the Town of Vinton. JPM MOTION TO GO INTO CLOSED MEETING FOLLOWED BY WORK SESSIONS AT 3:12 P.M. P. WORK SESSIONS (4th Floor Conference Room) RCF REQUESTED THAT AN ADDITIONAL WORK SESSION BE ADDED TO DISCUSS A SCHOOL GRANT. IT WAS THE CONSENSUS OF THE BOARD TO ADD THIS AS ITEM P-0. 0. Work session to discuss the development of regional prevention community coalitions throughout the County. (Jo Ann Burkholder, Student Assistance Program Administrator) TIME: 3:45 P.M. UNTIL 3:53 P.M. MS. BURKHOLDER REPORTED THAT IN SEPTEMBER 2001 THE COUNTY RECEIVED A GRANT TOTALING $349,000 TO BE USED TO IMPLEMENT PROGRAMS TO ENHANCE THE HEALTHY DEVELOPMENT OF YOUTH. PART OF 4 THIS PLAN INCLUDES THE IMPLEMENTATION OF FIVE REGIONAL PREVENTION COMMUNITY COALITIONS. BOARD MEMBERS WERE ASKED TO SUBMIT THE NAMES OF TWO INDIVIDUALS IN EACH DISTRICT TO SERVE ON THE COALITION. Work session to discuss General Assembly process. (Paul Mahoney, County Attorney) TIME: 3:53 P.M. UNTIL 4:27 P.M. PMM REPORTED THAT THE CHARTER BILL AMENDMENT TO ALLOW THE COUNTY TO IMPOSE A TAX ON TOBACCO PRODUCTS WAS DEFEATED 9-6 IN THE GENERAL ASSEMBLY. HE INDICATED THAT MOST OF THE TAX BILLS HAVE BEEN REFERRED TO THE HANGER-MCDONNELL TAX STUDY COMMISSION PMM ALSO EXPRESSED APPRECIATION TO JOYCE WAUGH, ROANOKE REGIONAL CHAMBER OF COMMERCE, FOR HER COMMENTS IN SUPPORT OF THE COUNTY'S CHARTER BILL AMENDMENT AND THE EQUAL TAXING AUTHORITY LEGISLATION. ELAINE CARVER, DIRECTOR OF INFORMATION TECHNOLOGY, BRIEFED THE BOARD ON PENDING HOUSE BILL 2792 WHICH WOULD MAKE LOCALITIES UNABLE TO PROVIDE SUPPORT FOR FUNCTIONS IF THERE WERE TWO PRIVATE SECTOR COMPANIES THAT PROVIDE THAT SERVICE (I.E., WIRELESS TECHNOLOGY COULD NO LONGER BE PROVIDED TO CAMP ROANOKE, TOWN OF VINTON, ETC.) 2. General discussion of objectives for 2003. (Joseph McNamara, Chairman; Elmer Hodge, County Administrator) TIME: 4:27 P.M. UNTIL 5:26 P.M. IT WAS THE CONSENSUS OF THE BOARD TO SCHEDULE SIX MEETINGS WITH STAFF TO REVIEW THE PROPOSED 2003-2004 BUDGET. LINE ITEM DETAILS WILL BE PROVIDED TO THE BOARD FOR EACH DEPARTMENT. ELAINE CARVER REPORTED THAT THE HP MIGRATION IS CURRENTLY ON SCHEDULE AND WITHIN BUDGET. THE $500,000 APPROPRIATED IN THE CURRENT YEAR HAS BEEN USED TO UPGRADE COMMUNICATION LINKS, PROVIDE WIRELESS LINKS, INCREASE SECURITY, AND REDUCE REDUNDANCY. BANDWIDTH BETWEEN BUILDINGS AND TO THE INTERNET HAS ALSO BEEN INCREASED. SHE INDICATED THAT THE TOTAL PROJECTED COST IS $5 MILLION OVER THE NEXT FIVE YEARS. IT WAS THE CONSENSUS OF THE BOARD THAT A FUNDING STREAM NEEDS TO BE IDENTIFIED FOR THE COUNTY'S CAPITAL NEEDS. THE BOARD EMPHASIZED THE NEED TO ADDRESS A COMPREHENSIVE LAND USE PLAN SPECIFICALLY WITH REGARD TO THE IMPACT DEVELOPMENT IS HAVING ON ROADS AND WATER AND SEWER. THE BOARD IDENTIFIED CONTINUED COOPERATION WITH SURROUNDING REGIONS AS AN OBJECTIVE, AND DISCUSSED THE POSSIBILITY OF ALSO INVOLVING SALEM, BOTETOURT, AND FRANKLIN COUNTIES IN THESE REGIONAL EFFORTS. IT WAS THE CONSENSUS OF THE BOARD TO SCHEDULE A RETREAT IN THE SUMMER 2003 TO FURTHER REFINE PRIORITIES AND POTENTIAL FUNDING SOURCES. EVENING SESSION Q. CERTIFICATION RESOLUTION CLOSED MEETING HELD FROM 3:20 P.M. UNTIL 3:40 P.M. R-012803-2 JPM MOTION TO ADOPT RESOLUTION URC R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS Resolution of appreciation to Aaron Conner for his assistance following a robbery at a Roanoke restaurant R-012803-3 MWA MOTION TO ADOPT RESOLUTION URC JPM AND MWA PRESENTED THE RESOLUTION OF APPRECIATION TO AARON CONNER ALSO PRESENT WERE REGGIE AND ELLEN CONNER, PARENTS. Resolution of congratulations to Pat Carr for being named Art Educator of the Year by the Virginia Art Education Association. R-012803-4 HOM MOTION TO ADOPT RESOLUTION URC JPM PRESENTED THE RESOLUTION OF CONGRATULATIONS TO PAT CARR. ALSO PRESENT WERE DR. LINDA WEBER, SUPERINTENDENT OF SCHOOLS, AND MARTHA COBBLE, PRINCIPAL -CAVE SPRING HIGH SCHOOL. S. NEW BUSINESS 1. Resolution affirming the commitment 1932 Seagrave fire truck stationed at (Paul Mahoney, County Attorney) R-012803-5 MWA MOTION TO ADOPT RESOLUTION URC of Roanoke County to retain the the Mt. Pleasant Fire Department. PRESENT AT THE MEETING REPRESENTING THE MT. PLEASANT FIRE DEPARTMENT WERE CHIEF COLIN GEE, BOBBY SCRUGGS, JACK GEE, DEAN RORRER. AND MIKE GEE. T. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES Second reading of ordinance to rezone from R-1, Low Density Residential District, to C-2, General Commercial District, and to obtain a special use permit on a .6 acre parcel for the operation of a used automobile dealership located at 6521 Bent Mountain Road, Windsor Hills Magisterial District, upon the petition of Michael W. Christley. (Janet Scheid, Chief Planner) WITHDRAWN AT THE REQUEST OF THE PETITIONER 2. Second reading of ordinance to obtain a special use permit to construct a religious assembly facility on 3.28 acres located at 7300 Williamson Road, Hollins Magisterial District, upon the petition of Sovereign Grace Community Church. (Janet Scheid, Chief Planner) 0-012803-6 RCF MOTION TO ADOPT ORDINANCE URC 3. Second reading of ordinance to rezone 22.743 acres from AR Agricultural Residential District to R-1 Low Density Residential District for development of single family housing located at Virginia Secondary Route 688 (Cotton Hill Road) and Raintree Road, Cave Spring Magisterial District, upon the petition of Cotton Hill Land Company, LC. (Janet Scheid, Chief Planner) A-012803-7 HOM MOTION TO RETURN THE MATTER TO THE PLANNING COMMISSION AYES: RCF, HOM, MWA, JPM NAYS: JBC 7 THE FOLLOWING CITIZENS SPOKE REGARDING THIS MATTER: MARC BURAC, DOROTHY RUNION, KATHERINE SHANK, ANNIE KROCHALIS, DIANE CAMPBELL, PAM BERBERICH, STEVEN BURAK, AND CLAUDINE UJVARY U. CITIZENS' COMMENTS AND COMMUNICATIONS NONE V. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church• (1) He requested that Mr. Hodge follow up with Roanoke City regardinq the fees charged for admission to Carvin's Cove. (2) He extended condolences to the family in Botetourt County where the house fire occurred. (3) He extended condolences to the family of Lewis Cassell, Broadview Neighborhood Watch Coordinator since 1990, who passed away recently. He noted the many contributions Mr. Cassell made to the Neighborhood Watch Program. Supervisor Altizer• (1) He advised that he will be out of town the week of February 17. Supervisor Flora• (1) He reminded staff to follow up regardinq a letter to VDOT requesting a reduction in the speed limit on Brambleton Avenue/Route 221. W. ADJOURNMENT JPM ADJOURNED THE MEETING AT 8:45 P.M. UNTIL TUESDAY, FEBRUARY 11 2003 AT 2.00 P.M. AT THE ROANOKE COUNTY ADMINISTRATION CENTERi BOARD MEETING ROOM. Roanoke County Board of Supervisors Agenda January 28, 2003 Good afternoon and welcome to our meeting for January 28, 2003. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursdays at 7:00 p.m. and on Saturdays at 4:00 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. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Dr. Charles G. Fuller Pastor Emeritus -First Baptist 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 AWARDS D. BRIEFINGS E. NEW BUSINESS F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these ifems 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 an ordinance to rezone .67 acres from C-1 Office District to C-2 General Commercial District in order to operate a beauty salon located at 3505 Brambleton Avenue, Windsor Hills Magisterial District, upon the petition of Windsor House, Inc. 1 2. First reading of an ordinance to rezone 17.034 acres from R-3 Medium Density Multi-Family Residential District to R-4 High Density Multi-Family Residential District in order to construct multi-family dwellings located at the east side of Plantation Road at the intersection with Hershberger Road, Hollins Magisterial District, upon the petition of Carroll Investment Properties, Inc. G. FIRST READING OF ORDINANCES H. SECOND READING OF ORDINANCES APPOINTMENTS 1. Blue Ridge Behavioral Healthcare 2. Commission for Senior and Challenged Citizens (Appointed by District) 3. Grievance Panel 4. Library Board (Appointed by District) 5. Roanoke Regional Airport Commission 6. Roanoke Valley Resource Authority 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 -January 2 and January 14, 2003 2. Confirmation of appointments to the Disability Services Board and the Library Board (appointed by district) 3. Donation of .1567 acre portion of land for public right-of-way from Richard A. Blusher, Vinton Magisterial District 4. Request from schools to accept and appropriate $369 from the Virginia Commission for the Arts 5. Request to accept water and sewer facilities serving Innsbrooke Estates 2 t K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Report of Claims Activity for the Self-Insurance Program for the period ended December 31, 2002. O. CLOSED MEETING pursuant to Code of Virginia Section 2.2-3711 A (7) consultation with legal counsel and briefings by staff pertaining to contract discussion with the Town of Vinton. P. WORK SESSIONS (4th Floor Conference Room) 1. Work session to discuss General Assembly process. (Paul Mahoney, County Attorney) 2. General discussion of objectives for 2003. (Joseph McNamara, Chairman; Elmer Hodge, County Administrator) EVENING SESSION Q. CERTIFICATION RESOLUTION R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of appreciation to Aaron Conner for his assistance following a robbery at a Roanoke restaurant 2. Resolution of congratulations to Pat Carr for being named Art Educator of the Year by the Virginia Art Education Association. 3 r a- S. NEW BUSINESS 1. Resolution affirming the commitment of Roanoke County to retain the 1932 Seagrave fire truck stationed at the Mt. Pleasant Fire Department. (Paul Mahoney, County Attorney) T. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to rezone from R-1, Low Density Residential District, to C-2, General Commercial District, and to obtain a special use permit on a .6 acre parcel for the operation of a used automobile dealership located at 6521 Bent Mountain Road, Windsor Hills Magisterial District, upon the petition of Michael W. Christley. (Janet Scheid, Chief Planner) WITHDRAWN AT THE REQUEST OF THE PETITIONER 2. Second reading of ordinance to obtain a special use permit to construct a religious assembly facility on 3.28 acres located at 7300 Williamson Road, Hollins Magisterial District, upon the petition of Sovereign Grace Community Church. (Janet Scheid, Chief Planner) 3. Second reading of ordinance to rezone 22.743 acres from AR Agricultural Residential District to R-1 Low Density Residential District for development of single family housing located at Virginia Secondary Route 688 (Cotton Hill Road) and Raintree Road, Cave Spring Magisterial District, upon the petition of Cotton Hill Land Company, LC. (Janet Scheid, Chief Planner) U. CITIZENS' COMMENTS AND COMMUNICATIONS V. REPORTS AND INQUIRIES OF BOARD MEMBERS W. ADJOURNMENT 4 ACTION NO. ITEM NO. F ~ - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 28, 2003 AGENDA ITEM: Requests for Public Hearing and First Reading for Rezoning Ordinances; Consent Agenda COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions, rather approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for Februa 25. 2003 The titles of these ordinances are as follows: 1) The petition of Windsor House, Inc., to Rezone .67 acres from C-1 Office District to C-2 General Commercial District in order to operate a beauty salon located at 3505 Brambleton Avenue, Windsor Hills Magisterial District. 2) The petition of Carroll Investment Properties, Inc., to Rezone 17.034 acres from R-3 Medium Density Multi-Family Residential District to R-4 High Density Multi-Family Residential District in order to construct multi- family dwellings located at the east side of Plantation Road at the intersection with Hershberger Road, Hollins Magisterial District. MAPS ARE ATTACHED; MORE DETAILED INFORMATION IS AVAILABLE IN THE CLERK'S OFFICE. STAFF RECOMMENDATION: Staff recommends as follows: F~~- (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 February 25, 2003. (2) That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Items 1_2, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Respectfully submitted, Paul M. Mahoney County Attorney Action No Yes Abs Approved () Motion by Church Flora Denied () McNamara Received ( ) Referred Minnix to Altizer ~-1 County of Roanoke Community Development ` Planning & Zoning 5204 Bernard Drive P o Box 29go0 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 772-2108 tLLL f1PPLIC~.~VTS Check type of application filed (check all that apply) 7LXRezoning O Special Use ~ Variance COPfrAC~~5-81~80D A. , Applicants name!address w/zip Phone Windsor House, Inc. ~~~-0126 c/o Dr. Enrique Silberblatt Fax No. - - 0 Bra leton Avenue Roanoke VA 24018 Owners name/address w/zip Phone: Same as above for Applicant Fax No. Property Location Magisterial District: Windsor Hi 3505 Brambleton Avenue Roanoke, VA 24018 Community Planning area: Windsor Hi I I Tax Map No.: 77.09-04-36 Existing Zoning: C-1 Size of parcel(s): Acres: 0.67 acre Existing Land Use: med i ca I c I i n i c REZO~VI~VG~~~JD SPECL=IL LSE PER1YfIT APPLIC~1_VT5 iR/S) Proposed Zoning: C-2 Proposed Land Use: med i ca I clinic and persona I services (beauty sa I on) Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes ~ No ~ IF NO, A V.~iRIANCE IS REQUIIED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes ~ No O IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes ~F No O D°-IRIc1NCE _~1PPLIC~VTS (I~' Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: For Staff Use Onlv Date received: Received by: ,^ ~ . Application fee: PG~B~:4-~a~e: ~~~ . '' i ~ Placards issued: BOS dace: Case Number 3 s ~ ,~f Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED iF ANY OF THESE ITEMS ARE iVIISSING OR INCONIl'LETE. v v ! V X Consultation 8 1/2" x 11" concept plan X Application fee Application X Nietes and bounds description X Proffers, if applicable justification Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. W I , By ~ Owners Signature Dr. Enrique Silberblatt Its President JUSTIFICATION FOR REZONING OR SPECIAL USE PERMIT REQUEST Applicant WINDSOR HOUSE, INC. 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. Brambleton Avenue is a mixed-use zoning district. Almost immediately adjacent to the subject property are many commercial uses, including automobile parts distributorships, restaurants, various retail commercial uses and other beauty salons. The proposed rezoning would result in no exterior changes to the structure and would provide for beauticians to utilize the available space in the subject building. The individuals who will utilize the space work in conjunction with Dr. Silberblatt in his cosmetic surgery business and, as a result of locating the beauty shop in the premises, would be available at all times without the necessity of having two separate operations. Since there will be no exterior renovations or advertising, the impact on the surrounding area would be negligible. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The Roanoke County Community Plan allows for commercial uses, including personal service uses, along Brambleton Avenue. The proposed use in the existing structure without any advertising would have no impact on the surrounding neighborhood. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. There will be no adverse impacts on public services and facilities as a result of this operation. . Fi Address of Subject Property Tax Map No.: Applicant's Name: LEGAL DESCRIPTION 3505 Brambleton Avenue Windsor Hill Magisterial District Roanoke County 77.09-04-36 Windsor House, Inc. METES AND BOUNDS BEGINNING at a point on the northerly side of Brambleton Avenue at the southeast corner of the property of Springwood Associates, L.L.C.; thence leaving Brambleton Avenue N. 28° 24' 00" W. 188.77 feet; thence S. 60° 25' 00" W. 173.5 feet to a point on the westerly line of Pinevale Road; thence with the same S. 29° 25' 00" E. 170.85 feet; thence S. 15° 41' 00" W. 35.68 feet to a point on the northerly line of Brambleton Avenue; thence with the same S. 60° 25' 00" W. 151.13 feet to the point and place of BEGINNING. F:\USERS\CBaumgardner\ZONING\Silberblatt-Windsor House LEGAL.doc F~ Address of Subject Property: Tax Map No.: Applicant's Name: PROFFERS 3505 Brambleton Avenue Windsor Hill Magisterial District Roanoke County Portion of 77.09-04-36 Windsor House, Inc. PROFFERS The undersigned owner does hereby proffer the following conditions in conjunction with the rezoning request: 1. The C-2 uses on the subject property shall be limited to a beauty salon. 2. There will be no advertising for the beauty salon other than identification signs for the location of the business. 3. There will be no changes to the exterior structure of the existing building. WINDSOR U , INC BY ITS r F:\USERS\CBaumgardner\ZONING\Silberblatt-Windsor House PROFFERS.doc ROANOKE COUNTY Aplicants name: Windsor House, Inc DEPARTMENT OF Rezoning from Existing C-1 COMMUNITY DEVELOPMENT To proposed Zoning C-2 Tax Map No. 77.09-4-36 ~i DE~v-i6-?t~Gt_ 1"..~~4 C~STE='t-Ll_fLiT ='F~ILLAf1^~tti' MATT 1540774G9E1 P.~2/~17 . ~ ~-a County of Roanoke F tT, e nl~ Community Deveioprnrnt Dau racez~ad; t:ec:ive by: Planning & honing ",= 52Q4 Berraxd T3rive Apg]ic~ua fnc: PCr te: p o BAx z4saa r ~ ~ ~ E~oanoke, VA 24-013-0798 f~facnrds issued: ;305 date. (54C) 772~2p68 F'AY ~5~0) 772.2i0S `~ C:~e Number U ._ ,.~ ~ o[ C!C-!~ - ~:.t _ ~ ~, ...~ r, ,~.: ~ : ,;,, ,~:: ~.... Check ryge ox application filed (s:heck sll that apply) I i ~ Rezoning d Special Use ~ Vararce Applicants aarneladdxess w~zip Phoztc 336-707-tE~0 Carry! I I rwestment Prol~eri i es, Inc. ~~~-333-Q0~4 4048 North ene Stre+at Fax Na, owner's nameladdress whip Pfaone; l~orrtinion Trust S M. F. Human c!o First Union Fax No. e, FL 32231 P. 0. Box 40062, Jacksarnriil _ Property Locatiazt __.__..___ ~~ East side Plantation Load at Inter- magisterial 17i,s:rict: fio i I i rts '~` sect i an with Hershberg~wr Road , Community plann+n area: ins Tax Map No, : 313 ,16-1-3. X09 Baisting Zoning: R-3 Size of azce!(s): R.:zes: 1 acres Existing Land Use: Vacsnt__ .~'; _y { i r~' ,fit;; ~ ,; ~, i + ti' ~x :.k, „ r• 4 ti ' 4~) r4,; ry,{~luYu ~L TILR`~, Proposed Zoning: R-4 Proposed Land Z'se: Multi-farm 1 a artments Does the gsrcel meet the minimatn lat area, width, and frontage requirements oi' the requzested district? Yes 1@ No ~ TF' Nt), A VARIANCE IS REQITI1tEn FIRST. Does tape parcel meet the tninimutn criteria for the requested Use 'T`ype? Yes ~ Nu O IF NO, A V,4,)~ANCIE IS RE(ZUIRED FIRST If xtzonutg request, dre candxtzGtls be.ng profrered with this r~quest~ Yes ~ ltio ~ Variance~of See.ion~s) of the Roanoke Caunty Zonin$ Ordinance in o-der to: Is the appliaatian complete? Pie~se eheelc if enclosed. ApP)vICaTION WQ,L NOT BE ACCEPTED IF AN"Y OP' THESE 3I'E1Vli5 ARE ?YIISSTii G 41t INCOMPLETE. v v r---~ v CoASUttatioa 8 iPZ" x l I" concept plan i p;pp;icariGn fea Appiicstion Motes and b4urt3S descrptic~n Praffeta, if applicsblc lnstitica[ion Water and sewer application Adjoining groFarty owners I hereby certify tftat Z am either the'. owner of the pr©pem ar the owner's agent or contract p~~rchaser and am acting with the knowledge &nd consent at~ the owner. f,AR~LL IN~S~d ART F~; .._l NC. + gY: ----~``` Owner's 5ignaiure DE+~-16-2G~©~ i i ~ 55 O:~TE=~'I-~OUL~T °R I LLAI"IAN hJATT JUSTIPIGATION ROR REZONING OR SPECIAL USE PERMIT REQUEST Applicant CARRt7LL INVESTNtENT PROPERTIES, INC. 154©?74~~'?51 P . 03. C~ The Planning Commission will study rezoning and special use permit requests to determine the need and justification fqr the Change in terms Of public health, safety, and general welfare. Please answer thg fo8owing questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance {Section 3t)-3) as well as the purpose found at the ba9lnning of the applicable zoning district classiFcation in the Zoning Ordinance. The existing zaning of the property is R-3, which allows multi-family development. The prapos~d zoning is R-4 for the safe use of mufti-family development. Tha only change in zaning requested is to allow the increase of density. The existing zoning allows up to twelve (12) units per acre, which would allow 204 units. The proposal is for a maximum of 273 units, which would increase the density by less than 4 units per acre. The area 's designated as Core on the County's Comprehensive Plan. The purposes of the R-4 zoning designation indicates the district coincides with recommandatians far the transition In Care Land Use categories where residential development appears to be appropriate, From the existing zaning, it is apparent that residential zaning is appropriate. The property has direct access to major streets and other public services and the size of the parcel allows far well-planned residential development. Please explain how the project conforms to the general guidelines and policies cantalnad In the Roanoke County Cammuniity Plan. A review of the economic opportunity areas far North County indicates that this property is designated as "Other". This is Consistent with the existing zoning. The Future Land Use Plan indicates the use to be Core and, as set out above, the purpose provision of the Core Area indudes R-4 uses. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding ars~a, as well as the impacts on public services and facilities, Including water/sa++var, roads, schools, parkshecreatian and fire and rescue The applicant is of opinion that all necessary County services are available at this tocatian to provide for the development of the property. It must be reminded that the property is already zoned far development at twelve {12) units/aere and the sole purpose of the proposed rezoning is to increase the number of units by a total of approximately 68. The size of the parcel will permit this without any further negative impact on the provision of C~~unty services. DEC-16-~~~~~: 11~5~ OSTERHOUDT ~RILL.AP~fAr~~ h•JATT 15d0~ ~~~~a61 P.~~E'~'' Address of Subie~~t Pro 17.03 Acres, situate on the east side of Plantation Road and adjacent to its intersection with Hershbsrger Road, Hollins Magisterial District, Roanoke County, Virginia Tex Man No.; 1138.16-1-3.09 Applicant/Owner'ti~ Name: Carroll Investment Properties, inc. LEGAL DESCRIPTION All that cerkain parcel of land situate in the County of Roanoke, Virginia: BEGINNING at a point on the east side of Plantation Road at the northwest corner of the property of CBL Plantation Plaza Ltd. (Tax Map No. 38.16.1-3.3); thence with the easterly side of Plantation Road the following courses and distances: N. 25° 25' 56" W. 372.42 feet; N. 19° 43' 18" W. 251.25 feet; N. 2~'° 2U' 29" W. 150.OS feet; N. 30° 14' 36" W. 194.96 feet; N. 18° 25' 50" W. 94.13 feet; N. 07° 51' 08" W. 223.82 feet; thence leaving Plantation Road and with the line of Ethel V. Fulcher (Tax Map No. 3~g.12-5-6) N. S4° 04' 05" E. 572.46 feet; thence S. 16° 00' 28" E. 441.80 feet; thence S. 15° 28' 10" E, 85.44 feet; thence N. 7?° 07' S5" E. 175.10 fast; thence S. 21 ° 40' 1 S" E. 296,34 feet; thence S. 34° 38' 3Q" E. 111.56 feet; thence S. 36° 34' 20" E. 197.11 feet; thence S. 64° 34' 04" W. 749.23 feet to the paint and place of BEGINNING, and cs~ntaining 17.034 acres (excluding the area in the cemetery). l1JQLLYISYSUJSERS1CB~iumgar'dnvrlZbNlNGlcarrol! fnvestmant ?rpperties L~GAL,doC Page z aP 1 F~ Pf~(~FFE!~S Address of Subie~;t Pro e : 17.03 Acres, Situate on the east side of Plantation f~oad and adjacent to its intersection with Hershberger Road, Hollins Magisterial District, Roanoke Count<,~, Virginia Tax Mai No.: Aaplicant/Ownet':~ Name: 038.16-1-3.09 Carroll Investment Properties, Inc. PRt~FFERS The undersigned applicantlowner does hereby proffer the following conditions in conjunction with the rezoning request: 1. They subject property will be developed in substantial conformity with the "Preiirninary Ske1~ch Pian for Carroll Investment Properties, Inc., Roanoke, Virginia," prepared by GPT Engineering and Surveying, Inc. under date of December 9, 20n2. 2. An area, equal to ten percent (10%} of the square footage of the buildings, will be reserved fryr recreation end open space use. CARRpLI. iNVESTM 'F-P-R RTIES, INS. BY 'I ..--'' ,-~' ITS __ `~- _ . ~~,Jp(,~,y1SY$~,USFRSICF.~aumgarcinenZONINCaICatroll Investment Prepertles PROFFERS.doc a` TOTAL F.~7 ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Aplicants name: Carroll Investman Properties, Inc. Rezoning from Existing R-3 To proposed Zoning R-4 Tax Map No. 38.16-1-3.9 ,/ ; ~, , ~/ ~i \ ~~ ~ ~~ /' ~ TS b~ \`\\ 5 /~ i ti 6 I„ I ~ /~~ jj $1 S ~ . _ ~) ~p ( ~ ~ C / I ~ ~ ~ ~ U ~ ~ / I ~ \`l rr~~~ ~I ~ r . ' NN V /J \ ~ I ~I ~ ; . i ~ \J ~~ ,- r~, (y '', r h ~:~ 'J_ l `~ ` I Il 1 I I ~~ ~~ ( ' ~ ~, t ~+ ~ ~ ~ ~ ~ ~ :~ ~ _ ,, -~ x, ~ ~ ~ . ~ ,, , . , ~ T ~ _ ~ERSH C~j ~~++ ` ^ y~ ` BL'I`~L I `~ I_ ROAD ~ ~ I ~ ~ ~ ~, ~ , t a S R \ ~ ~ ~ r ~ ~ , .. . . 625 ~ . I ~~ ~, , s . r' ~ m ~I ~-. ~ . ` ~ ~ ~~ ~ ~ . iF' I I . . ~~ ~~ ~ ~ ~ ~ ~~I ~. ~ ~ *~ ~ ~ ~~ ~ ~ , __ m \~~ _ U I ~ ~ ~ \Y {p~ I I _ ~ ~~ 1.\ ', C . l ~ v ~ ~ ~I I ~~~ I I I ~ I ~ 1 N I \+ ~ T I ~ ~ a ~~ ~ I \~~- J'jj' ~ v l ~ ~ I ' 1 . `y _- . I ~ '. I ; ,_ : -i )~ v I y ~ ~ -.i ~..~ ~__. - I~', ,~ ~'( ~_._ _- - - - i I r~~ I ~± ~1 I / . -~ t 1 ~ -Y ,- :~~ ~il ~ ~ . '~ ~ ~ ~ ~ PRELIMINARY SKETCH PLAN FOR ~ ti ~ O), ~ ENGINE N~~nSU`p~~NG, INC. II gg 4 ~ ~~ CARROLL INVESTMENT PROPERTIES, INC. ~OC~4 ° ~',~~~~w. a: ~`~'" '~ ~ ~~~'~~ ~ ", ROANOKE, VIRGINIA '~ ~ ~~ I ~' _: __ Lp~N . _.. T,IN~ERSELL~-~ - a R + ~p~l~ r. ti ACTION NO. ITEM NO. ~ ~ -~p AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 14, 2003 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge ~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. BLUE RIDGE BEHAVIORAL HEALTHCARE The unexpired three-year term of Gary L. Kelly who resigned effective December 31, 2002. This term will expire on December 31, 2003. 2. COMMISSION FOR SENIOR AND CHALLENGED CITIZENS (Appointed by District) James W. Hufton, representing the Hollins District, and Linda Lang, representing the Windsor Hills District, have resigned from the Commission. Members of the commission are looking for citizens to replace these vacancies and will make a recommendation. There are no term limits for these appointments. The Commission for Senior and Challenged Citizens has recommended Ms. Marie Papp who has indicated that she would be willing to serve. 3. GRIEVANCE PANEL The three-year term of Raymond C. Denny, Alternate, expired October 10, 2001. ~~~~ 4. LIBRARY BOARD (Appointed by District) The four-year term of Nancy Greene, Cave Spring District, expired December 31, 2002. Ms. Greene has indicated that she does not wish to serve an additional term. Supervisor Minnix has indicated that he will nominate Ms. Phyllis Amos and has requested that her name be placed on the Consent Agenda for confirmation at this meeting. 5. ROANOKE REGIONAL AIRPORT COMMISSION The four-year term of Arthur M. Whittaker, Sr. expires on February 10, 2003. 6. ROANOKE VALLEY RESOURCE AUTHORITY The unexpired four-year term of Douglas J. Anderson who resigned effective November 30, 2002. This term will expire on December 31, 2005. r ~I - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 28, 2003 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for January 28, 2003 designated as Item J -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5, inclusive, as follows: 1. Approval of minutes -January 2 and January 14, 2003 2. Confirmation of appointments to the Disability Services Board and the Library Board (appointed by district) 3. Donation of .1567 acre portion of land for public right-of-way from Richard A. Blusher, Vinton Magisterial District 4. Request from schools to accept and appropriate $369 from the Virginia Commission for the Arts 5. Request to accept water and sewer facilities serving Innsbrooke Estates 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. 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 28, 2003 RESOLUTION 012803-1 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for January 28, 2003 designated as Item J -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5, inclusive, as follows: 1. Approval of minutes -January 2 and January 14, 2003 2. Confirmation of appointments to the Disability Services Board and the Library Board (appointed by district) 3. Donation of .1567 acre portion of land for public right-of-way from Richard A. Blusher, Vinton Magisterial District 4. Request from schools to accept and appropriate $369 from the Virginia Commission for the Arts 5. Request to accept water and sewer facilities serving Innsbrooke Estates 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 Church to adopt the Consent Resolution and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 1 A C PY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney Rebecca Owens, Director, Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board 2 ~- Januar 2 2003 1 Y Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 January 2, 2003 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the organizational meeting and the 2"d day of January, 2003. IN RE: CALL TO ORDER Chairman Church called the meeting to order at 9:02 a.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph B. "Butch" Church, Vice Chairman Joseph McNamara, Supervisors Michael W. Altizer, Richard C. Flora, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Diane S. Childers, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan O'Donnell, Assistant County Administrator; Diane D. Hyatt, Chief Financial Officer IN RE: OPENING CEREMONIES The invocation was given by the John M. Chambliss, Assistant County Administrator. The Pledge of Allegiance was recited by all present. 3 January 2, 2003 Chairman should be rotated. Board members who have previously served as Chairman include Supervisors McNamara, Minnix, and Church. It is his position that in keeping with the consensus to rotate, Mr. Flora or Mr. Altizer should be given an opportunity to serve as Chair. Supervisor Church nominated Supervisor Flora to serve as Chairman. Supervisor Flora thanked Supervisor Church for the nomination but stated that in accordance with discussions held in January 2002, it was his understanding that Supervisor McNamara would serve as Chairman in 2003 and he would serve in 2004. He respectfully declined the nomination. Supervisor Flora nominated Supervisor McNamara to serve as Chairman. Supervisor Church stated that if there was a discussion concerning the next Chairman, he was not privy to the discussion. He stated that if it was the Board's desire to rotate the position of Chair, then it would be fair for the two members who have not served to have an opportunity to be elected as Chairman. He stated that he felt the Board is sending mixed signals and it would be four years before he and Supervisor Flora would be serving under a true system of rotation. He asked if Supervisor Flora is comfortable with this decision. Supervisor Flora restated that he felt a moral obligation to adhere to the conversation held in January 2002 which indicated that he would serve as Chairman in January 2, 2003 5 position. He stated that every area should be represented by the Chairman, but indicated that the Board has been consistent in that new Board members serve as Vice- Chairman in their second year and as Chairman in their third year. He thanked the majority of the Board for their support. Supervisor Minnix nominated Supervisor Flora to serve as Vice-Chairman. Supervisor Church stated that in light of Supervisor Flora declining the nomination to serve as Chairman, he nominated Supervisor Altizer to serve as Vice- Chairman. There were no other nominations and Supervisor Flora was elected by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer NAYS: Supervisor Church The motion to appoint Supervisor Altizer to serve as Vice-Chairman was defeated by the following recorded vote: AYES: Supervisor Church NAYS: Supervisors Flora, McNamara, Minnix, Altizer Supervisor Flora stated that he never would have suspected that there would be five Republicans on the Board of Supervisors at one time. He stated that he sincerely regrets that the Board seems to be divided because this is an opportunity for the Board to set an example of how Republicans can lead Roanoke County. He stated January 2, 2003 7 Mr. Mahoney reviewed the proposed meeting dates for 2003. He indicated that there were three issues that the Board may wish to consider: (1) It is the custom of the Board to meet on the second and fourth Tuesdays of each month and it was assumed that the Board would continue with this custom. (2) In the past the Board has modified the schedule in November and December to avoid potential conflicts with Election Day, Holidays, etc. (3) The organizational meeting is typically held on January 2. In 2004, January 2 will be on a Friday. It was suggested in the draft resolution that the organizational meeting be scheduled for Monday, January 5, 2004 to avoid potential conflicts with travel over the holiday. Supervisor Minnix asked Mr. Hodge if the floating holiday system had worked well. Mr. Hodge responded that the floating system had worked very well by enabling the County to keep the offices open for citizens while at the same time providing greater flexibility for the staff. He suggested that the Board continue with this system. Supervisor Flora indicated that the April 22, 2003 meeting occurs during the week of Spring Break for Roanoke County Schools and he will be unable to attend that meeting. Supervisor Minnix moved to adopt the resolution establishing the meeting schedule for 2003. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church January 2, 2003 Tuesday, December 2, 2003 at 3 pm Tuesday, December 16, 2003 at 3 pm and 7 pm 9 2. That the organizational meeting for 2004 shall be held on Monday, January 5, 2004 at 9 am. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None IN RE: CLOSED MEETING At 9:27 a.m. Supervisor McNamara moved to go into Closed Meeting pursuant to Section 2.2-3711 A (5) discussion concerning a prospective business or industry where no previous announcement has been made. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None IN RE: CLOSED MEETING The Closed Meeting was held from 9:30 a.m. until 9:42 a.m. IN RE: CERTIFICATION RESOLUTION R-010203-2 At 9:42 a.m., Supervisor McNamara moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Altizer, Church NAYS: None 11 January 14, 2003 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 January 14, 2003 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the second Tuesday and the first regularly scheduled meeting of the month of January, 2003. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph McNamara, Vice Chairman Richard C. Flora, Supervisors Michael W. Altizer, Joseph B. "Butch" Church, H. Odell "Fuzzy" Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Diane S. Childers, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan O'Donnell, Assistant County Administrator; Diane D. Hyatt, Chief Financial Officer IN RE: OPENING CEREMONIES The invocation was given by David Fuller, Pastor of Missions and Discipleship, Church of the Holy Spirit, Roanoke, Virginia. The Pledge of Allegiance was recited by all present. Januar 14 2003 13 y • Approval of a resolution concerning prayer in public buildings, including schools, and in support of U.S. House Joint Resolution 81 proposing an amendment to the Constitution restoring religious freedom • Celebration of the opening of Novozymes Biological, the first business to locate in the Center for Research and Technology • Adoption of a DUI ordinance to add civil penalties to drunken driving convictions resulting in accidents • Continuation of regional cooperation efforts through participation in the Regional Summit meetings of local governments in Southwest Virginia • Opening of the new Hidden Valley High School and completion of renovations to Glenvar Middle School • Celebration of the completion of the Roanoke Regional Tactical Training Facility, a cooperative effort between Roanoke City and Roanoke County • Extinguishing of the Starlight Lane Tire Fire without injury or loss of life • Approval of funding for Fire & Rescue to increase career staffing by 20 firefighter/paramedics • Approval of a plan to enhance countywide Advanced Life Support coverage by providing for 24-hours a day, 7-days a week Advanced Life Support at the Fort Lewis, Hollins, and Vinton Stations • Approval of the lease-purchase of two new ladder trucks and two pumper trucks • Approval of funding to place Automatic External Defibrillators in County buildings and fire stations • Combination of Roanoke County and Roanoke City personnel for 24-hours a day, 7-days a week fire and rescue coverage at the Clearbrook Station • Recognition of Roanoke County Library as the first public library to receive the SOLINET Outstanding Library Programs Award • Hosting of the National Softball Association World Series in cooperation with the Cities of Salem and Roanoke WHEREAS, Mr. Church worked diligently during his term to represent all the citizens of Roanoke County and to promote regional projects that benefit all the residents of the Roanoke Valley. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia does hereby extend its deepest appreciation to Joseph B. "Butch" Church for his service as Chairman during 2002 and for his belief in democracy and championing of citizen participation in local government. Janua 14 2003 15 ~v easement will be held by the Western Virginia Land Trust. The easement prohibits the subdivision or logging of the land, and Dr. Durham will retain ownership of the property. Dr. Durham has expressed interest in donating the land for public recreation and conservation at a future time, and the easement has been written to allow for this possibility. IN RE: NEW BUSINESS 1. Ratification of Early Action Compact with the U.S. Environmental Protection Agency to work cooperatively in preparing a plan for ozone reduction. Elmer C. Hodge, County Administrator) A-011403-2 Mr. Hodge stated that the purpose of the Early Action Compact is to improve the air quality in the Roanoke Valley. He indicated that much of the State of Virginia is in a similar situation. The Department of Environment Quality (DEQ) measures the amount of contamination in the air (air quality) and the Roanoke Valley has exceeded the acceptable limit. The Environmental Protection Agency (EPA) is requiring those localities who do not meet the acceptable standards to take measures to bring the air quality into compliance. The localities involved in the compact include Roanoke County, Roanoke City, City of Salem, Town of Vinton, and Botetourt County. It is the County's desire to avoid being placed on the DEQ's list of non-attainment areas. Accordingly, the Fifth Planning District Commission has arranged a partnership between Januar 14 2003 17 Y 2. Resolution of support for House Bill 1397. as requested ~ the Virginia Association of Counties, which will rp ovide Counties with the same taxing authorities currently available to municipalities. Paul Mahoney, County Attorne R-011403-3 Mr. Mahoney reported that the resolution would support House Bill 1397 which would allow Counties to be treated like municipalities with regard to expanded authority for local taxation initiatives. Mr. Jim Campbell, Executive Director of the Virginia Association of Counties (VACo), contacted the County seeking support for this legislation. Mr. Mahoney stated that this initiative is consistent with the Board's legislative program. Supervisor Church stated that our neighboring localities already have these taxing authorities and it places Roanoke County at a disadvantage at a time when revenues are uncertain. He indicated that he supports this resolution. Supervisor Minnix stated that the County currently imposes no tax on tobacco products and people travel from surrounding areas to purchase these products at a low price for resale. This places Roanoke County at an unfair disadvantage. In addition, this legislation would provide the possibility for lodging taxes. 19 January 14, 2003 WHEREAS, seventy-five percent of this local revenue is derived from four sources: the real estate tax, the personal property tax, charges for services, and the sales tax; and WHEREAS, the real estate tax makes up the largest portion of local revenue at forty-three percent of the total; and WHEREAS, in Roanoke County the real estate tax comprises 50.9 percent of locally generated revenue; and WHEREAS, because counties have very few unrestricted revenue options available, the burden to balance county budgets often falls on the real estate tax; and WHEREAS, counties in Virginia need to diversify their revenue base to reduce the burden on the real estate tax; and WHEREAS, Section 15.2-1104 of the Code of Virginia sets forth the financial powers of cities and towns but counties do not have comparable language in the Code; and WHEREAS, Section 15.2-1104 of the Code of Virginia therefore allows cities and towns to raise taxes and assessments on property, persons, and other subjects of taxation that are not otherwise prohibited by law and the practical application of this results in the ability of cities and towns to levy cigarette taxes and admissions taxes, levy transient occupancy taxes without a cap or restrictions, and levy a meals tax without a cap and without holding a voter referendum; and WHEREAS, Section 15.2 of the Code of Virginia should be amended to grant counties the same powers of taxation as cities and towns; and WHEREAS, HB 1397 (Hull) amends Sections 15.2-204 and 15.2-1200 of the Code of Virginia to grant counties the same powers of taxation as cities and towns; and NOW, THEREFORE, BE IT RESOLVED, that Roanoke County supports HB 1397 and urges its General Assembly delegation to support HB 1397 in the 2003 General Assembly. On motion of Supervisor Church to adopt the Resolution and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 21 January 14, 2003 Supervisor Minnix moved to approve staff recommendation (inclusion of Goodwill Industries of the Valleys in the recycling program). The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 4. Appointments of Board Members to Committees, Commissions and Boards for 2003. Diane S. Childers, Clerk to the Board Ms. Childers reported that the Chairman is the Board's representative on the Roanoke Valley Economic Development Partnership, the Urban Partnership, and the Fifth Planning District Regional Alliance. In 1992, the Virginia Association of Counties (VACo) requested that a Board Member be appointed to work directly with the regional representative on the VACo Board of Directors. Ms. Childers stated that the Chairman has served in this capacity for several years, however any Board Member can be appointed. In 1994, VACo also requested that a member of the governing body be appointed to interact directly with VACo regarding legislative matters, and the Board recommended that the Vice-Chairman serve in this capacity. Any Board Member is, however, eligible to fill this appointment. There was no discussion on this matter. 23 January 14, 2003 AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None ORDINANCE 011403-6 AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH ROANOKE CATHOLIC SCHOOL FOR THE EXPANSION, DEVELOPMENT AND JOINT USE OF VINYARD PARK FOR INTERSCHOLASTIC ATHLETIC AND RECREATIONAL PURPOSES WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of several 32.18 acres of real estate, located in Roanoke County, Virginia, and designated on the Roanoke County Land Records as Tax Map #060.12-09-01.01-0000, and commonly referred to as Vinyard Park; and, WHEREAS, the County has developed this property for the purpose of providing parks, recreation and tourism benefits to the citizens of Roanoke County; and, WHEREAS, the County has implemented partnership agreements with private organizations to develop public facilities in exchange for beneficial and priority uses of public property; and, WHEREAS, Roanoke Catholic School has submitted an offer to make certain improvements to Vinyard Park, and to pay the County to construct additional improvements and facilities, and staff has negotiated with it to lease the premises for a period of fifteen years from January 1, 2003, with the option to renew the lease for an additional five years, with annual renewals thereafter; and WHEREAS, it would serve the public interest to lease the premises to Roanoke Catholic School in order to develop, expand and jointly use interscholastic athletic and recreational facilities; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading and public hearing of this ordinance was held on December 17, 2002; and the second reading was held on January 14, 2003. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That lease of commencing as of January 1, 2003, and ending on December 31, 2017, with the option to renew said lease for an additional period of five years, with year to year renewals thereafter, is hereby authorized and approved. 2. That the County Administrator or an Assistant County Administrator is hereby authorized to execute a lease agreement on behalf of the Board of Supervisors of the County of Roanoke and to execute such other documents and take such further Januar 14 2003 25 Y AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None ORDINANCE 011403-7 AUTHORIZING THE CREATION OF AND FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT PROJECT IN THE CLEARBROOK AREA -AMANDA LANE WATER LINE EXTENSION 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 Amanda Lane in the Clearbrook 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 water system over ten years at an interest rate of 8%; and WHEREAS, the first reading of this Ordinance was held on December 17, 2002, and the second reading was held January 14, 2002; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: That pursuant to the authority of Ordinance 112288-7, the Board authorizes and approves a local public works improvement project, namely, public water extension to Amanda Lane in the Clearbrook community. The total construction cost of this public water project is estimated to be $56,705.00, to be initially financed as follows: Citizen Participation (6 at $5,155.00) $30,930 each) Advance from the Public Works $25,775 Participation Fund TOTAL $56,705 Januar 14 2003 27 Y 4. That the payment by citizens in the project service area, in excess of those anticipated in this ordinance, who elect to participate shall be made to the various funds as follows: The off-site facility fee shall be returned to the Water Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid; any further payment of construction costs shall be returned to the Water Fund. 5. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. On motion of Supervisor Minnix to adopt the Ordinance and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: APPOINTMENTS 1. Commission for Senior and Challenged Citizens (Appointed District Supervisor Flora requested that the Clerk follow up with the Commission to determine if recommendations are available for individuals to fill the two vacancies on this committee. 2. Disability Services Board Supervisor Church nominated Debbie Pitts, Assistant Director of Recreation, to serve athree-year term which will expire December 31, 2005. 3. Parks and Recreation Advisory Commission (Appointed District 29 January 14, 2003 carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 011403-8 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 January 14, 2003 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 9, inclusive, as follows: 1. Confirmation of appointments to Roanoke County Planning Commission (appointed by district), Parks and Recreation Advisory Commission, and Roanoke Valley Resource Authority 2. Request to appropriate Mentor Teacher Grant in the amount of $7,727.64 3. Request for acceptance of Federal Grant for $10,500 under the Criminal Justice Record System Improvement Program from the Department of Criminal Justice Services 4. Request to accept Bear Creek Drive and Twin Creek Circle into the State Secondary System 5. Donation of water easement for the Castle Rock Lower Water Line Replacement Project in the Cave spring Magisterial District. 6. Donation of an off-site sanitary sewer easement across property of John S. Reeves for the Wade Subdivision off Ruritan Road in the Hollins Magisterial District. 7. Request to appropriate $12,500 from the Board Contingency Fund towards the Roanoke Regional Airport Alliance 8. Request for approval of resolutions of appreciation upon the retirements of the following employees: 31 January 14, 2003 Seconded By: None Required Yeas: Supervisors Flora, Church. Minnix, Altizer, McNamara Nays: None Absent: None RESOLUTION 011403-8.h EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF JACK H. McCORKLE, JR., POLICE DEPARTMENT WHEREAS, Jack H. McCorkle, Jr., was employed by Roanoke County on November 15, 1973, as a Deputy Sheriff, and advanced to the rank of Assistant Chief of Police; and WHEREAS, Assistant Chief McCorkle was one of the original members of the Police Department which was established in 1990; and WHEREAS, Assistant Chief McCorkle retired from Roanoke County on January 1, 2003, after more than twenty-nine years of service; and WHEREAS, Assistant Chief McCorkle served as the Officer in Charge of every major Division in the Police Department including Patrol; Investigations, and Services, improving the quality of service to the public in each of those divisions and making substantial contributions to the establishment and command of the newly formed County Police Department in 1990; and WHEREAS, Assistant Chief McCorkle was responsible for the timely construction of the Police Firing Range at Dixie Caverns within budget allocations due to his knowledge of construction and his ability to assemble a cohesive work crew; and WHEREAS, Assistant Chief McCorkle served until his retirement on the Command Staff of the Department where his knowledge, wisdom, and insight into human nature served him well in this capacity; and WHEREAS, the status of the Roanoke County Police Department today is due in part to the many contributions made by Assistant Chief McCorkle; and WHEREAS, Assistant Chief McCorkle has served with professionalism and integrity and through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to JACK H. McCORKLE, JR. for more than twenty-nine years of capable, loyal and dedicated service to Roanoke County; and. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. 33 January 14, 2003 It was the consensus of the Board to schedule the work session for March 11, 2003. 2. Request for work session on January 28, 2003, to review the Secondary Road System Six Year Construction Plan (2003-2009) and consideration of ro'ects for FY 2003-2004 VDOT Revenue Sharing Program. Arnold Covey' Community Development Director It was the consensus of the Board to schedule the work session for January 28, 2003. IN RE: REPORTS Supervisor Flora moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Ca ital Reserve 5. Report from VDOT of changes to the Secondary Road System in November 2002 Janua 14 2003 35 ~v Approximately 6 lots per acre can be created where there is no public water and sewer. This illustrates the changes in densities that occur with the extension of public water and sewer. Mr. Covey also stated that developers are required to install all the utilities within a development at their own expense. This present a dilemma in that many subdivisions contain wide, paved roads with curb and gutters which connect with a small two-lane secondary road. Mr. Robertson noted that the original intent of the offsite facilities fees policy, adopted in 1987, was that when development occurred it could do so with public water and sewer to avoid the use of private wells. Prior to adoption of this policy, there were numerous pockets of development occurring with private wells and septic systems because it was not feasible for a developer to extend public water and sewer to their property. At present, connection to the County water system is required if the lot size is less than 40,000 sq. ft. or if the road frontage is less than 150 feet with County water system at lot line or within street. Connection to the sewer system is required if the building to be connected is within 300 feet of the County sewer system. Mr. Robertson reported that offsite facilities fees are assessed to all Roanoke County water and sewer customers. Current rates are $2,690 for water and $2,000 for sewer. The fees are used to pay for treatment facilities, storage facilities, pumping facilities and/or trunk/interceptor lines. The fees from water generate 37 January 14, 2003 development conforms to the County's Comprehensive Plan and zoning requirements. There was general discussion concerning zoning issues and the use of pump stations vs. gravity lines. It was the consensus of the Board that: (1) Gary Robertson will develop proposed revisions to the offsite facilities fees. (2) Arnold Covey will research legislation pending in the General Assembly which would give Counties the authority to stop development in areas where water and sewer, roads, schools, etc. are inadequate and will also examine other planning issues. 2. Work session to review response from Whitt Clement regarding proposed construction schedule for I-73. The work session was held from 4:50 p.m. until 5:05 p.m. Supervisor Altizer stated that his intention in requesting the work session was to attempt to clarify the issue of when or if construction will begin on I-73 for the citizens being affected by the designed route. In addition, he also would like to build consensus among the Board members for a resolution to VDOT requesting that they remove the chosen route and place I-73 on the table. He indicated that he did not feel that this course of action would cause the County to lose any Federal funding. Supervisor Altizer reported that Virginia was the only state that did not receive recurring funds at year-end. This was the result of not having the funds required to provide the State's matching share. He indicated that the County has a responsibility to the citizens to not keep them in limbo waiting 20 or more years for construction on I-73 to begin. Januar 14, 2003 39 Y session was to determine how to help these residents. Supervisor Flora questioned if the objection was to the proposed route of I-73. Supervisor Altizer indicated that removing the chosen route until such time as funds are available to proceed with construction will remove the uncertainty for the citizens currently being affected. It was the consensus of the Board that I-73 is important to the region, and it was decided to postpone action until the Environmental Impact Study is completed and the General Assembly determines whether to adopt the pending legislation. 3. Work session to discuss Fire & Rescue staffing allocation and response overview for 2002. Richard Burch, Fire and Rescue Chie The work session was presented by Chief Rick Burch and was held from 5:06 p.m. until 6:09 p.m. Supervisor McNamara reported that Ms. Annie Krochalis had requested time to address the Board regarding the fire and rescue staffing issue. Supervisor Church requested that any citizens from the Catawba area also be allowed to speak. It was the consensus of the Board to allow this change in the agenda. Mr. Hodge reported that the County's objective has been to help people. During the past year, fees have been implemented to increase staffing which improved response times. The goal was to reach Advanced Life Support (ALS) response times 41 January 14, 2003 possible partnership with the hospital was discussed. Chief Burch reviewed the staffing allocations, response times, total number of fire, EMS, and fire and accident responses in 2002, and the percentage of staffing allocations for all stations in the County. The following approach was recommended: (1 }Place the highest priority on life. (2) Maintain a proactive systematic approach. (3) Work to benefit the most people and the most serious calls. (4) Maintain a regional cooperation approach. (5) Pursue a partnership with Catawba Hospital. (6) Investigate the possibility of a new station in the Hanging Rock area. (7) Bring any issues that are budget related back to the Board for review. Ms. Annie Krochalis, 9248 Patterson Drive, spoke in support of the full staffing of all fire and rescue stations and equal delivery of services within the community. She noted that fire and rescue is a basic service for which taxes are paid, in addition to a user fee, and for which most of the service is provided by volunteers. She stated that the lack of service implies a lesser value on lives and property in the more rural areas of the County. Mr. Glen Branscom noted that one individual had previously been assigned to the Catawba station with the necessary second person to be handled by the Catawba Hospital. He indicated that this did not work, and the staff member was reassigned to the Mason's Cove station. He also indicated he did not support the station at Hanging Rock which he felt was designed to service the interstate. He 43 January 14, 2003 to be pursued, as well as the partnership with Catawba Hospital? He stated that he supports staffing the Catawba station, but feels that this raises many more issues which need to be addressed. He also noted that the funds for additional personnel need to be provided during the budget process. Mr. Hodge reported that if the board wishes to do so, staffing can be allocated for the Catawba station but staff cannot be used for Catawba to the detriment of the Hollins station. Supervisor McNamara stated that the Board should not let emotions dictate actions. He stated that fire and rescue coverage for Catawba is not determined by whether or not the Catawba station is staffed. There were people assigned to the Catawba station and the determination was made by Fire and Rescue staff that this was not the logical application of those resources. Supervisor McNamara noted that there are two stations in his district which have longer average fire response times than the Catawba District. The average response time in Catawba is 8:41, Back Creek is 10:39, and Bent Mountain is 13:34. He noted that if 3 people are allocated to Catawba to handle approximately 40 calls per year and if this same ratio were applied to the remainder of the County station, it would require 1,287 firefighters. He indicated that the number of fire and rescue personnel have been increased 7% since he has been on the Board, and feels that the Board should allow the fire and rescue professionals to determine staffing allocations. Supervisor Minnix requested that staff provide a cost breakdown for the .Janus 14 2003 45 ~v IN RE: WORK SESSIONS (CONTINUED) 4. Work session to discuss Health Insurance Portability and Accountability Act Requirements. Dan O'Donnell, Assistant County Administrator- The work session was presented by Dan O'Donnell and was held from 6:12 p.m. until 6:27 p.m. Mr. O'Donnell presented an overview of the Federal legislation which is designed to protect the privacy of personal health information. He reported that the Health Insurance Portability and Accountability Act (HIPAA) is an unfunded mandate similar to the Equal Employment Opportunity Act and the Americans with Disabilities Act in that it provides new rights but no funds to pay for mandated compliance. HIPAA regulations apply to self-funded health insurance programs such as health and dental insurance, employee assistance program, and flexible benefits program. Other areas possibly affected include ambulance billing, CPMT, and the jail. Compliance is mandated by April 14, 2003, with additional electronic regulations to be implemented in October 2003. Violations of the regulations can result in civil or criminal penalties with a maximum $250,000 criminal penalty. Complaints will be investigated by the Office of Civil Rights in the Department of Health and Human Services. Mr. O'Donnell indicated the process of identifying the covered services is nearing completion. The Board now needs to authorize the County Administrator to Januar 14 2003 47 Y AYES: Supervisors Flora, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Minnix RESOLUTION 011403-9 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 McNamara to adopt the Resolution and carried by the following recorded vote: AYES: Supervisors Flora, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Minnix IN RE: NEW BUSINESS -CONTINUED 1. Consideration of claim of Gardner W. Smith. Paul Mahoney, County Attorne Mr. Mahoney reported that a letter dated December 20, 2002 was received from Ms. Kristen Johnstone, Attorney for Mr. Gardner Smith. The claim is Janua 14 2003 49 ry last fiscal year without any reduction in services to citizens. In February 2002, Roanoke County engaged in a comprehensive review of vacant and existing positions and other operating expenses. Many positions were left unfilled or transferred to other higher priorities. All offices in the County felt the effects of these budget adjustments. The Department of Community Relations was eliminated and those duties distributed among other departments. The Purchasing Director and Property Manager positions were eliminated. He reported that cuts were made at the management level first rather than making reductions within one department while leaving other departments untouched. All departments were asked to contribute and operate more efficiently. At the same time that state and local budgets were being reduced, additional demands were being passed on to local governments. In order to reduce their budget, the State Police are no longer handling E-911 cellular calls. This necessitated the addition of six dispatchers in the County's police department to handle an increase of almost 50% in calls. Some vacant positions were transferred to the dispatch center for this purpose. A school resource officer was also added for the new Hidden Valley High School, and another position was reclassified as a Zoning Enforcement Officer to handle the increase in violations throughout the County. While the elimination of these positions is regrettable, the review process was both sound and adequate to prepare for state budget cuts and tax revenue shortfalls without reducing citizen services. Mr. Hodge stated that as the state considers further cuts this year, it is important to maintain a review process which .~ ACTION NO. A-012803-1 .a ITEM NO. J-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: January 28, 2003 Confirmation of appointments to Disability Services Board and Library Board (appointed by district) Diane S. Childers Clerk to the Board Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. DISABILITY SERVICES BOARD At the January 14, 2003 meeting, Supervisor Church nominated Debbie Pitts, Assistant Director of Recreation, to serve an additional three-year term which will expire December 31, 2005. 2. LIBRARY BOARD (APPOINTED BY DISTRICT) Supervisor Minnix has indicated that he plans to nominate Ms. Phyllis Amos to serve a four year term which will expire December 31, 2006. He has asked that her name also be placed on the consent agenda for confirmation at this meeting. STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed. VOTE: Supervisor Church motion to approve staff recommendation. Motion approved. Yes No Abs Mr. Flora ® ^ ^ Mr. Church ® ^ ^ Mr. Minnix ® ^ ^ Mr. Altizer ® ^ ^ Mr. McNamara ® ^ ^ cc: File Disability Services Board File Library Board File ACTION NO. A-012803-1.b ITEM NO. J-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 28, 2003 AGENDA ITEM: Donation of .1567 acre portion of land, for public right-of-way, from Richard A. Blusher (Tax Map No. 80.00-03-34) to the Board of Supervisors of Roanoke County in the Vinton Magisterial District. SUBMITTED BY: Arnold Covey, Director Department of Community Development APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves conveyance of .1567 acre portion of land to the Board of Supervisors for public right-of-way in the Vinton Magisterial District of the County of Roanoke: That .1567 acre portion, more or less, of Roanoke County Tax Map Number 80.00- 03-34 shown on the plat attached hereto as Exhibit "A" and by this reference made a part hereof, (the "Property"); and Being a portion of the property conveyed to Richard A. Blusher by deed dated October 19, 1998, of record in the Clerk's Office, Circuit Court for the County of Roanoke, Virginia, in Deed Book 1597, page 1315. i FISCAL IMPACT: No County funding is required. STAFF RECOMMENDATION: Staff recommends acceptance of this property. VOTE: Supervisor Church motion to approve staff recommendation. Motion approved. Yes No Abs Mr. Flora ® ^ ^ Mr. Church ® ^ ^ Mr. Minnix ® ^ ^ Mr. Altizer ® ^ ^ Mr. McNamara ® ^ ^ cc: File Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney ~." Exemption claimed: Grantee is exempt from recordation taxes and fees pursuant to Section 58.1-811A(3) of the Code of Virginia. Prepared by: Law Office of Kirk A. Ludwig P.O. Box 989 Roanoke, Virginia 24005 Tax Map No. 80.00-03-34 THIS DEED, made this .~ day of~,/__R~~ 200.!~by and between RICHARD A. BLUSHER (whether one or more, "Grantor"), and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA ("Grantee") W I T N E S S E T H THAT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid, and other good and valuable consideration paid by Grantee to Grantor, the receipt, adequacy and sufficiency of which is hereby acknowledged, Grantor does hereby GRANT and CONVEY to Grantee in fee simple, with General Warranty and Modern English Covenants of Title, the following described real estate lying in the County of Roanoke, Virginia, for the location and construction or other improvement of a road right-of-way: That .1567 acre portion, more or less, of Roanoke County Tax Map Number 80.00-03-34 shown on the plat attached hereto as Exhibit "A" and by this reference made a part hereof, (the "Property"); and Being a portion of the property conveyed to Richard A. Blusher by deed dated October 19, 1998,of record in the Clerk's Office, Circuit Court for the County of Roanoke, Virginia, in Deed Book 1597, page 1315. Law Office Of Kirk A. Ludwig ~~" Also granted herein is the temporary right and easement to use such additional areas as located and staked on the ground as being required for the proper execution of the work. Said temporary easement will terminate at such time as the construction or improvement of the aforesaid route is completed. The Grantor by execution of this instrument acknowledges that the plans for the aforesaid right-of-way as it affects Grantor's property have been fully explained to Grantor or Grantor's authorized representative. The Grantor covenants and agrees for Grantor and for Grantor's heirs, successors, successors in title, executors, legal representatives and assigns that the consideration aforementioned shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, reconstruction, operation or maintenance of said road right-of-way. This conveyance is made expressly subject to all recorded conditions, reservations, easement and restrictions affecting title to the property herein conveyed. The road right-of-way herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. To have and to hold unto the Grantee, its successors and assigns, forever. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby Law Office Of Kirk A. Ludwig joins in the execution of this instrument to signify the acceptance by said Board of Supervisors of the real estate conveyed herein pursuant to Ordinance Number adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of , 200_. ~~ t_ '~ '~ ~ "°'~. (SEAL) RI HA D A. S USHER r _ ~"~ ~ STATE OF~~~-~ ~'~'~~'~= COUNTY/' 01=.f~~~~._ ~.- , to-wit: The foregoing instrument was acknowledged before me this ~~~ ~ day of ~C.~.3'Li.cC~.~.tr~ , 200 ~ by Richard A. Blusher. ;.~ Notary Public My commission expires' .~,~.,t.(! ~/ ~ f , -~C~'~ J Approved as to form: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA ~~ .~- ~~ gy: (SEAL) Kirk A. Ludwig, Elmer C. Hodge Attorney at law STATE OF COUNTY/CITY OF to-wit: The foregoing instrument was acknowledged before me this day of , 200_ by Elmer C. Hodge, County Administrator, on behalf of the County of Roanoke. Notary Public My commission expires: Law Office Of Kirk A. Ludwig METES AND BOUNDS DESCRIPTION SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. -~-~ `~ s s ~' <S 6'0 ~ ~~ O ~s o; ~~ OD ~ PROPERTY OF RONALD A. CHUMAN 3.031 Ac. TAX # 80.00-03-20.00 D.B. 1512 PG. 1090 END STATE MAINT. SIGN #~o p''W p~ 2 J' S~ ~ C~ 1 ~p 12 ~ W RS~S Dp,~ o. o 1~D~~ , R ~ 8E X30 LINE TAB LE POINT BEARING DISTANCE 1-2 N71'49'42"E 107.02' 2-3 N18'1018 40.00' 3-4 S71'49'42"W 5.00' 5- 6 N 18'10'18"W 25.00' 6-7 S71'49'42"W 40.00' 7-8 S18'10'18"E 25.00' 9-10 N71'49'42"E 12.02' 10-1 S36'09'00"E 42.05' TAX MAP N0. T.4X,¢~ 80.00-03--34.00 SCALE: 1 " - 60' s~, ~~s- EXHIBIT: PLAT SHOW/NG NEW R/GHT-OF-WA Y BEING CONI/EYED TO ROANOKE COUNTY t ~ ~, BY RICHARD A. BLUSHER PREPARED BY.• ROANOKE COUNTY ENGINEERING DEPARTMENT DATE: 9/19/02 ~~ s~ O ~s~, N36'09'00"W 21.03' ~ 514 ~vv ,~ ~p .3 S36'09'00"E 21.03' CURVE "A" R=25.00' L=39.27' D=90'00'00" T=25.00' CH=S63'10'18"E CHORD DIST.=35.36' CURVE "B" R= 25.00' L=39.27' D=90'00'00" T=25.00' CH=N26'49'42"E CHORD DIST.=35.36' 5~ »A» O , ~, 5 ,.- ,, 4 „B ~, \ i O~~ ~~ ~O O N~ g1 ~8g ,, _~/ s.` ~j O • OOJ PROPERTY OF LEWIS D. & LORENE E. DENT 0.320 Ac. TAX # 80.00-03-21.00 D.B. 896 PG. 541 PROPERTY OF RICHARD A. BLUSHER TRACT 1 A 34.052 Ac. TAX # 80.00-03-34.00 D.B. 1597 PG. 1315 ~~ P.B. 14 PG. 154 ~o O~J ~~9 ~O ; o ~ ~~'s, PROPERTY OF LEWIS D. & LORENE E. DENT 7.880 Ac. TAX # 80.00-03-22.00 D.B. 695 PG. 79 ' i~;~%'"''°'`~~ ~ 0.1567 Ac. TO BE ACQUIRED / i 1l. ~` ,y`; ,~ ~'"£ ~.~ rfr ;, FOR RIGHT-A-WAY PURPOSES R.•/CAD/EPPERLEY/HORSESHOE_BEND. DWG ACTION NO. A-012803-1 .c ITEM NO. J-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 28, 2003 AGENDA ITEM: Request to accept and appropriate $369 from the Virginia Commission for the Arts. SUBMITTED BY: Mr. Greg Denton Coordinator of Fine Arts APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Commission for the Arts approved a grant in the amount of $369 for Roanoke County Schools to apply towards professional development conference expenses. A check in the amount of $369 was sent to the school system upon receipt of a final report. FISCAL IMPACT: No fiscal impact. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the $369 Virginia Commission for the Arts grant. 1 VOTE: Supervisor Church motion to approve staff recommendation. Motion approved. Yes No Abs Mr. Flora ® ^ ^ Mr. Church ® ^ ^ Mr. Minnix ® ^ ^ Mr. Altizer ® ^ ^ Mr. McNamara ® ^ ^ cc: File Greg Denton, Coordinator of Fine Arts Rebecca Owens, Director, Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board ACTION NO. A-012803-1.d ITEM NO. J-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 28, 2003 AGENDA ITEM: Acceptance of water and sewer facilities serving Innsbrooke Estates SUBMITTED BY: Gary Robertson Utility Director APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Developers of Innsbrooke Estates, Innsbrooke, LLC, have requested that Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the Innsbrooke Estates subdivision along with all necessary easements. The water and sanitary sewer facilities are installed, as shown on plans prepared by Lumsden Associates, P.C. entitled Innsbrooke Estates, and the plans are on file in the Community Development Department. The water and sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the water and sanitary sewer construction is $23,900.00 and $29,500.00 respectively. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Innsbrooke Estates subdivision along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. 1 ti VOTE: Supervisor Church motion to approve staff recommendation. Motion approved. Yes No Abs Mr. Flora ® ^ ^ Mr. Church ® ^ ^ Mr. Minnix ® ^ ^ Mr. Altizer ® ^ ^ Mr. McNamara ® ^ ^ cc: File Gary Robertson, Director, Utilities Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William E. Driver, Director, Real Estate Evaluation 2 Return to: Roanoke County Attorney's Office THIS DEED, made this ~ day of ~ ~1 , 2003, by and between Innsbrooke, LLC, a Limited Liability Company, party of the first part, hereinafter referred to as the Developer; and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, its successors or assigns, party of the second part, hereinafter referred to as the "County." WITNESSETH: THAT FOR AND IN CONSIDERATION of the mutual benefits accruing to the parties, the receipt and sufficiency of which is hereby acknowledged, the Developer hereby GRANTS CONVEYS, ASSIGNS AND TRANSFERS unto the County, with GENERAL WARRANTY OF TITLE, all water and/or sewer lines, valves, fittings, laterals, connections, storage facilities, sources of water supply, pumps, manholes and any and all other equipment and appurtenances thereunto belonging, in and to the water and/or sewer systems in the streets, avenues, public utility easement areas, and water and sewer easement areas that have been or may hereafter be installed by the Developer, along with the right to perpetually use and occupy the easements in which the same may be located, all of which is more particularly shown, described and designated as follows, to wit: As shown on the plans entitled Innsbrooke Estates, made by Lumsden Associates, P.C., and on file in the Roanoke County Department of Community Development. The Developer hereby covenants and warrants that it will be responsible for the proper installation, construction and maintenance of the said water and/or sewer systems, including repair of surface areas affected by settlement of utility trenches, for a period of one (1) year after date of acceptance by the County and will perform any necessary repairs at its cost. This instrument is executed by a duly authorized administrator of Roanoke County, Virginia, to signify acceptance of this conveyance by the Board of Supervisors of Roanoke County, Virginia, pursuant to Resolution No. the day of WITNESS the following signatures and seals: 2002. Developer: NNSBROOKE, LLC E S. CO TRUCTI INC., Member By; (SEAL) As: Peter R. fields, President State of Virginia C,b,~~it/~/City of S a 1 em , to-wit: adopted by said Board on The foregoing instrument was acknowledged before me this air day of January , 2n0 0~y3 /~~~9-~ b5' Pr~i-,p,,.z' R ~i al rlc ~ pr'~'~~,A*,~ on behalf of ~~s~r~ak~~I,C ~,_~,, Developer. and as Member for Fields Con t ctions, J Notary Public My commission expires 12/31/06 2 Approved as to form: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: County Attorney State of Virginia, County/City of Roanoke, to-wit: (SEAL) The foregoing instrument was acla~owledged before me this day of 2002, by , on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My commission expires: 3 . .- '~ I 1~ 1. 12 ~ 3 1-~4 3~ .o ~9 r8 y~P ~X. ~ 17 3 1~ ~ ~8 ~0 10 0 - ~0 ~ ~ z -21 _21. 8 m N -22 N O _ _22. ~ ~ ~ -5 23. ~ 24. 3 1 ~~ 9 - 25. 14 28. %'\ l^A 37. _'~ 36. ~~ ~ 2 6 g14~e~ ~'~~ ~~ 2'2 o ~, ROANOKE COUNTY UTILITY ACCEPTANCE OF HATER AND SEIPER FACILITIES SERVING DEPARTMENT " INNSBROOKE ESTATES" DATE: f 0-,~6-02 ~i - ~I GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Balance at June 30, 2002 July 1, 2002 Explore Park Loan Repayment Balance at January 28, 2003 Changes below this line are for information and planning purposes only. Balance from above 6.95%I $9,095,656 6.95% 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 2002 - 2003 General Fund Revenues $130,889,561 6.25% of General Fund Revenues $8,180,598 Submitted By Diane D. Hyatt Chief Financial Officer ~~ Approved By Elmer C. Hodge County Administrator of General Amount Fund Revenues $9,070,656 6.93% $25,000 $9,095,656 $9,095,656 N-_~ CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Balance at June 30, 2002 $1,380,050.57 Remaining funds from completed projects at June 30, 2002 9,020.97 Balance at January 28, 2003 $1,389,071.54 Submitted By Diane D. Hyatt Chief Financial Officer Approved By Elmer C. Hodge County Administrator ._. ~l RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2002-2003 Original Budget $100,000.00 August 13, 2002 Special Assistant for Legislative Relations (18,000.00) January 14, 2003 Consultant for Roanoke Regional Airport Alliance (12,500.00) Balance at January 28, 2003 $69,500.00 Submitted By Diane D. Hyatt Chief Financial Officer Approved By Elmer C. Hodge Vim'" ~~ County Administrator IV'-l FUTURE SCHOOL CAPITAL RESERVE COUNTY OF ROANOKE, VIRGINIA Savings from 1996-1997 debt budget Transfer from County Capital Projects Fund FY1997-1998 Original budget appropriation Savings from 1997-1998 debt fund FY1998-1999 Original budget appropriation FY1999-2000 Original budget appropriation Less increase in debt service Savings from 1998-1999 debt fund FY2000-2001 Original budget appropriation Less increase in debt service FY 2001-2002 Original budget appropriation Less increase in debt service Savings from 2001-02 debt fund FY 2002-2003 Original budget appropriation Less increase in debt service Balance at January 28, 2003 Reserved for Future School Operations 2,000,000 (1,219,855) 2,000,000 (1,801,579) 2,000,000 (465,400) $670,000.00 1,113,043.00 2,000,000.00 321,772.00 2,000,000.00 780,145.00 495,363.00 198,421.00 1,534,600.00 116,594.00 2,000,000 (2,592,125) (592,125.00) $8,637,813.00 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 Junly 1, 2002 School Budgeted Start-Up Costs HVHS/Glenvar Middle July 1, 2002 Transfer to Operating in origina12002-03 Budget Balance at January 28, 2003 $1,500,000.00 (290,000.00) 1,500,000.00 (1,858,135.00) (35,047.00) (566,818.00) 250,000.00 Submitted By Diane D. Hyatt Chief Financial Offi~ce~r Y Cam"- Approved By Elmer C. Hodge County Administrator r ACTION NO. ITEM NO. ~ -5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: January 28, 2003 Report of Claims Activity for the Self-Insurance Program Robert C. Jernigan Risk Manager ~~y~~ APPROVED BY: Elmer C. Hodge ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In accordance with the Self-Insurance Program, Ordinance #61494-4, Section 2-86.C, attached is the Fiscal Year to Date claims activity report including the second quarter that ended December 31, 2002. Please refer to Attachment A -Auto and Attachment B - General Liability. FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: None K-5 H Z. 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N' ~ N' ~ N, ' ~I N. ~ ~- _ ~ Ni i Ni N N N _ N N N ~ ~ N i I - p Z Q W ~ Z O O O', O' - W W Oi O~ Oi O p F- N Ni N'' N ' 0~ O N O O N O' O N O O N O OI O O N'. N O O O O~, N' O O~ Ni : O' O N O O N~ O O N O' O' NC O O O O ~ ~ ~ W , ~', ~''' U ~ ~i Ni ~' N~ U h ~ W O ~ '~ Q O O O' O~ ~ N m O N' ~ O~ N~ O O N ~ O N _~.• ~ W O~ O N (O O~ CO O (Di O (D: O (O~ O~ i ~ ~ I O. N O N N N' O ~ j I W ~ , , i . ~ O W F- ~ I (~ ~ Z O O U O N V O N M O N M O N M O ~N M O N M O N M O M M O ~ M O ~ M O ~ M O ~ M O ~ M O (O ~ O N ~ O (O In O ~ fp O p O. M N ~ s M N M N c i N M N M C~ M C~ c~ N M C~ M N ('~ (~ M N M C~ M N M C~ M N M N M N >- N O) f0 a 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: AGENDA ITEM: SUBMITTED BY: January 28, 2003 Work Session to discuss General Assembly process Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time will be set aside to update the Board on the current legislative issues pending before the General Assembly. ACTION NO. ITEM NO. Q~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 28, 2003 AGENDA ITEM: General discussion of objectives for 2003 APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time will be set aside for the Board to engage in a general discussion of objectives they wish to pursue in 2003. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 28, 2003 RESOLUTION 012803-2 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 McNamara to adopt the Resolution and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A OPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Closed Meeting File t ' ~, ~` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 28, 2002 RESOLUTION 012803-3 OF APPRECIATION TO AARON CONNER FOR HIS ASSISTANCE FOLLOWING A ROBBERY AT A ROANOKE RESTAURANT WHEREAS, Aaron Conner attends William Byrd High School where he is a football player and was recently named to the Timesland List of "Sizzlin' Sophomores"; and WHEREAS, Aaron was at the Western Sizzlin Restaurant on Orange Avenue on Saturday, January 4, 2003, waiting for a table with his parents and sister; and WHEREAS, Aaron saw a man with a stocking cap approach the cash register, take a fistful of money, and run out the door; and WHEREAS, Aaron decided to get involved when he saw a restaurant worker running after the robber; and WHEREAS, Aaron tackled the robbery suspect from behind and with the aid of two restaurant employees, held him until the police arrived; and WHEREAS, the Roanoke County Board of Supervisors wishes to recognize the bravery and initiative demonstrated by Mr. Conner when he became involved in a potentially dangerous situation without regard for his well being. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to AARON CONNER for his quick actions which greatly benefited the restaurant, the restaurant workers and the community; and FURTHER, BE IT RESOLVED that the Board of Supervisors expresses its heartfelt pride in the manner in which Mr. Conner conducted himself in this sensitive situation. 1 ~ ~ On motion of Supervisor Altizer to adopt the Resolution and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A OPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Resolution of Appreciation File 2 .. ACTION NO. ITEM NO. R AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: January 28, 2003 Resolution of appreciation to Aaron Conner for his assistance following a robbery at a Roanoke restaurant Diane S. Childers Clerk to the Board ~~' _ ~ Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Aaron Conner, a student attending William Byrd High School, assisted in the capture of a robbery suspect at the Western Sizzlin Restaurant on Orange Avenue on January4, 2003. Aaron plays football at William Byrd High School where he was recently named to the Timesland List of "Sizzlin' Sophomores". Present to accept the resolution will be Aaron and his parents, Reggie and Ellen Conner. R-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 28, 2002 RESOLUTION OF APPRECIATION TO AARON CONNER FOR HIS ASSISTANCE FOLLOWING A ROBBERY AT A ROANOKE RESTAURANT WHEREAS, Aaron Conner attends William Byrd High School where he is a football player and was recently named to the Timesland List of "Sizzlin' Sophomores"; and WHEREAS, Aaron was at the Western Sizzlin Restaurant on Orange Avenue on Saturday, January 4, 2003, waiting for a table with his parents and sister; and WHEREAS, Aaron saw a man with a stocking cap approach the cash register, take a fistful of money, and run out the door; and WHEREAS, Aaron decided to get involved when he saw a restaurant worker running after the robber; and WHEREAS, Aaron tackled the robbery suspect from behind and with the aid of two restaurant employees, held him until the police arrived; and WHEREAS, the Roanoke County Board of Supervisors wishes to recognize the bravery and initiative demonstrated by Mr. Conner when he became involved in a potentially dangerous situation without regard for his well being. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to AARON CONNER for his quick actions which greatly benefited the restaurant, the restaurant workers and the community; and FURTHER, BE IT RESOLVED that the Board of Supervisors expresses its heartfelt pride in the manner in which Mr. Conner conducted himself in this sensitive situation. .,, -- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 28, 2002 RESOLUTION 012803-4 OF CONGRATULATIONS TO PAT CARR FOR BEING NAMED ART EDUCATOR OF THE YEAR BY THE VIRGINIA ART EDUCATION ASSOCIATION WHEREAS, Ms. Pat Carr has been teaching art for 32 years in the Roanoke County Schools, having taught five years in the elementary schools and the reminder at Cave Spring High School; and WHEREAS, Ms. Carr is a dedicated teacherwho also paints and exhibits herworks at approximately 30 shows, contests and exhibits annually, having won more than 70 awards, including several Best in Show Awards, and is currently a Signature member of the Virginia Watercolor Society and the Baltimore Watercolor Society; and WHEREAS, Ms. Carr, for most of the last twenty years, has been an officer in the Southwest Region of the Virginia Art Education Association which is the third largest state art education affiliate in the country; and WHEREAS, Ms. Carr has been chosen as the Southwest Region's Secondary Art Teacher of the Year twice and as Virginia's Secondary Art Teacher of the Year once; and WHEREAS, Ms. Carr's current award "Virginia's Art Educator of the Year" has only been given to a classroom art teacher once in its history and she is the first person to receive this award from the Southwest Region; and WHEREAS, the Board of Supervisors wishes to congratulate Ms. Carr for this award, recognize her excellence as a teacher, and commend her dedication to the art profession. 1 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, congratulates PAT CARR for receiving the Art Educator of the Year Award from the Virginia Art Education Association; and FURTHER, BE IT RESOLVED that the Board of Supervisors expresses its deepest appreciation to Ms. Carr for her many years of teaching and for setting an example by her dedication to the art profession. On motion of Supervisor Minnix to adopt the Resolution and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Resolution of Congratulations file Dr. Linda Weber, School Superintendent 2 ACTION NO. ITEM NO. R - o~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY. VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 28, 2003 AGENDA ITEM: Resolution of congratulations to Pat Carr for being named Art Educator of the Year by the Virginia Art Education Association SUBMITTED BY: Diane S. Childers Clerk to the Board ~~~ APPROVED BY: Elmer C. Hodge ~'~" County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Ms. Pat Carr, a teacher at Cave Spring High School, received the Art Educator of the Year award from the Virginia Art Education Association at their 2002 Conference. The award is one of the highest honors available for an art teacher in the State. Ms. Carr is the first classroom art teacher to receive this award, and it is also the first time that anyone from the Southwest Region has received this award. Ms. Carr will be present to accept the resolution. Also invited and expected to attend are Dr. Linda Weber, School Superintendent, and Martha Cobble, Cave Spring High School Principal. ~-a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 28, 2002 RESOLUTION OF CONGRATULATIONS TO PAT CARR FOR BEING NAMED ART EDUCATOR OF THE YEAR BY THE VIRGINIA ART EDUCATION ASSOCIATION WHEREAS, Ms. Pat Carr has been teaching art for 32 years in the Roanoke County Schools, having taught five years in the elementary schools and the reminder at Cave Spring High School; and WHEREAS, Ms. Carr is a dedicated teacherwho also paints and exhibits herworks at approximately 30 shows, contests and exhibits annually, having won more than 70 awards, including several Best in Show Awards, and is currently a Signature member of the Virginia Watercolor Society and the Baltimore Watercolor Society; and WHEREAS, Ms. Carr, for most of the last twenty years, has been an officer in the Southwest Region of the Virginia Art Education Association which is the third largest state art education affiliate in the country; and WHEREAS, Ms. Carr has been chosen as the Southwest Region's Secondary Art Teacher of the Year twice and as Virginia's Secondary Art Teacher of the Year once; and WHEREAS, Ms. Carr's current award "Virginia's Art Educator of the Year" has only been given to a classroom art teacher once in its history and she is the first person to receive this award from the Southwest Region; and WHEREAS, the Board of Supervisors wishes to congratulate Ms. Carr for this award, recognize her excellence as a teacher, and commend her dedication to the art profession. 1 ~. R-a NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, congratulates PAT CARR for receiving the Art Educator of the Year Award from the Virginia Art Education Association; and FURTHER, BE IT RESOLVED that the Board of Supervisors expresses its deepest appreciation to Ms. Carr for her many years of teaching and for setting an example by her dedication to the art profession. 2 -w4 ~~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 28, 2003 RESOLUTION 012803-5 AFFIRMING THE COMMITMENT OF ROANOKE COUNTY TO RETAIN THE 1932 SEAGRAVE FIRE TRUCK STATIONED AT MT. PLEASANT FIRE DEPARTMENT WHEREAS, by Resolution 040897-1 the Board of Supervisors designated the 1932 Seagrave Fire Truck stationed at Mt. Pleasant Fire Department as Roanoke County's #1 Fire Truck in recognition of the historical significance of this fire equipment and of the contribution by Chief Wagner and many volunteers in refurbishing this engine and in their joint service to the residents and businesses of Roanoke County; and, WHEREAS, the Board of Supervisors desires to affirm its commitment to maintain the 1932 Seagrave Fire Truck/Roanoke County's #1 Fire Truck at the Mt. Pleasant Fire Station for historical display and for use in appropriated County-wide functions and to not sell or transfer custody, use or ownership of this fire engine to another department or entity without the approval and support of the Mt. Pleasant Volunteer Fire Department. NOW, THEREFORE, BE RESOLVED, by the Board of Supervisors of Roanoke County, Virginia: 1. That the Board of Supervisors affirms its designation of the 1932 Seagrave fire truck as Roanoke County's #1 Fire Truck to be housed at the Mt. Pleasant Fire Station and maintained by personnel of the Mt. Pleasant Volunteer Fire Department with such assistance from Roanoke County as may be reasonably necessary for preserving this fire truck. 1 ,•~ 2. That the County's #1 Fire Truck shall be made available for appropriate use for County-wide functions as requested by the County Administrator or his designee. 3. That the Board of Supervisors agrees not to sell, lease, assign or otherwise dispose of this 1932 Seagrave Fire Truck without the agreement of the Mt. Pleasant Volunteer Fire Department or its successor in interest. In the event that the Mt. Pleasant Volunteer Fire Department is unable to maintain this fire truck, this fire truck will be placed in a County museum, station or place of protection as designated by the Board. 4. That the Board of Supervisors is committed to maintaining the County's #1 Fire Truck in its present condition in so far as it is possible to do so. On motion of Supervisor Altizer to adopt the Resolution and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Richard Burch, Chief of Fire and Rescue Colin Gee, Volunteer Fire Chief, Mount Pleasant Fire Department 2 ACTION NO. ITEM NO. .~, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: APPROVED BY: January 28, 2003 Resolution affirming the commitment of Roanoke County to retain the 1932 Seagrave fire truck stationed at the Mt. Pleasant Fire Department Elmer C. Hodge ~~'~"r ~`~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The volunteer firefighters from Mt. Pleasant Fire Department have asked that Roanoke County's #1 fire truck, a 1932 Seagrave, be retained by the County for historical and ceremonial purposes. They have also asked permission to keep this truck at the Mt. Pleasant station where it will be kept in the station to insure it is preserved and maintained for use at County-wide functions as requested. Former Volunteer Chief, Gene Wagner, and some of the volunteers restored this vehicle when it was surplused by the County in 1972. In accordance with resolution 040897-1, Mt. Pleasant has already been designated as the custodian of this fire truck. They are now asking that it not be sold, transferred to another department, or otherwise disposed of without the support of the Mt. Pleasant Volunteer Fire Department. Mr. Altizer, Chief Burch, and I support their request and recommend your approval of the attached resolution that has been prepared by the County Attorney's office. This is a very rare and beautifully restored fire truck which is valuable. The County expresses its appreciation to all who have restored and cared for this truck over the years. It is in excellent mechanical condition but is not easy to drive. Therefore, its operation should be restricted to those who are familiar with the braking system, transmission, and engine. -1 We recommend this to you with the understanding that: 1. The 1932 Seagrave will be housed indoors where it will be maintained and preserved. The County may be required to provide funds for its upkeep. 2. Other County departments and stations may call on Mt. Pleasant to provide the truck for ceremonial purposes. 3. The Board of Supervisors agrees not to sell or dispose of this vehicle without the agreement of the Mt. Pleasant Fire Department volunteer firefighters. 4. The Mt. Pleasant volunteers understand that if they are no longer able to maintain this truck as described, they will allow it to be placed in a County museum, station or place of protection as designated by the Board. The Board agrees that should this become necessary, the 1932 Seagrave will continue to be owned and preserved by the County as it is now by the Mt. Pleasant station. This truck is very special to Roanoke County and to the Mt. Pleasant volunteers. They have affectionately named it the "Gene Wagner Fire Truck" in honor of his restoring it. This vehicle has been owned by Roanoke County for 71 years. It is with pleasure that I recommend this action to you. Colin Gee, Volunteer Fire Chief of the Mt. Pleasant Fire Department; Jack Gee, his father who is also a retired volunteer; and others will be present to accept this resolution. The Mt. Pleasant Fire Station was formed in 1955 and Bobby Scruggs, the remaining Charter Member, has also been invited to attend. Thank you for your support of this request. 5-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 28, 2003 RESOLUTION AFFIRMING THE COMMITMENT OF ROANOKE COUNTY TO RETAIN THE 1932 SEAGRAVE FIRE TRUCK STATIONED AT MT. PLEASANT FIRE DEPARTMENT WHEREAS, by Resolution 040897-1 the Board of Supervisors designated the 1932 Seagrave Fire Truck stationed at Mt. Pleasant Fire Department as Roanoke County's #1 Fire Truck in recognition of the historical significance of this fire equipment and of the contribution by Chief Wagner and many volunteers in refurbishing this engine and in their joint service to the residents and businesses of Roanoke County; and, WHEREAS, the Board of Supervisors desires to affirm its commitment to maintain the 1932 Seagrave Fire Truck/Roanoke County's #1 Fire Truck at the Mt. Pleasant Fire Station for historical display and for use in appropriated County-wide functions and to not sell or transfer custody, use or ownership of this fire engine to another department or entity without the approval and support of the Mt. Pleasant Volunteer Fire Department. NOW, THEREFORE, BE RESOLVED, by the Board of Supervisors of Roanoke County, Virginia: 1. That the Board of Supervisors affirms its designation of the 1932 Seagrave fire truck as Roanoke County's #1 Fire Truck to be housed at the Mt. Pleasant Fire Station and maintained by personnel of the Mt. Pleasant Volunteer Fire Department with such assistance from Roanoke County as may be reasonably necessary for preserving this fire truck. ~-i 2. That the County's #1 Fire Truck shall be made available for appropriate use for County-wide functions as requested by the County Administrator or his designee. 3. That the Board of Supervisors agrees not to sell, lease, assign or otherwise dispose of this 1932 Seagrave Fire Truck without the agreement of the Mt. Pleasant Volunteer Fire Department or its successor in interest. In the event that the Mt. Pleasant Volunteer Fire Department is unable to maintain this fire truck, this fire truck will be placed in a County museum, station or place of protection as designated by the Board. 4. That the Board of Supervisors is committed to maintaining the County's #1 Fire Truck in its present condition in so far as it is possible to do so. ~- PETITIONER: Michael W. Christley CASE NUMBER: 1-0112003 Planning Commission Hearing Date: February 4, 2003 (Postponed from January 7, 2003 by request of the petitioner) Board of Supervisors Hearing Date: February 25, 2003 (Postponed from January 28, 2003 by request of the petitioner) A. REQUEST Petition of Michae- W. Christley to rezone from R1, Low Density Residential District to C- 2, General Commercial District and to obtain a Special Use Permit on a .6 acre parcel for the operation of a used automobile dealership located at 6521 Bent Mountain Road, Windsor Hills Magisterial District. (PETITION WITHDRAWN BY REQUEST OF THE PETITIONER) B. CITIZEN COMMENTS C. SUMMARY OF COMMISSION DISCUSSION D. CONDITIONS E. COMMISSION ACTION(S) F. DISSENTING PERSPECTIVE G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission 61/i5/2663 62:13 5469893260 Ca~1E SPRING EXC PAGE 62 T- ~ January 15, 2003 To Whom It May Concern: Please be advised that we are retluesting to withdraw our petition to rezone our property located at: 6521 Bent h~fountain Road, Roanoke, VA 24018. W e appreciate all of your help. Sincerely, ~~~ u1 Michael W. Christley, President and Owner Cave Spring Excavating, Inc. ~• ~.. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 28, 2003 ORDINANCE 012803-6 GRANTING A SPECIAL USE PERMIT TO SOVEREIGN GRACE COMMUNITY CHURCH TO CONSTRUCT A RELIGIOUS ASSEMBLY FACILITY ON 3.28 ACRES LOCATED AT 7300 WILLIAMSON ROAD (TAX MAP NO. 27.10-7-2), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Sovereign Grace Community Church has filed a petition for a special use permit to construct a religious assembly facility on 3.28 located at 7300 Williamson Road (Tax Map No. 27.10-7-2) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on January 7, 2003; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on December 17, 2002; the second reading and public hearing on this matter was held on January 28, 2003. 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 Sovereign Grace Community Church to construct a religious assembly facility on 3.28 acres located at 7300 Williamson Road (Tax Map No. 27.10-7-2) 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 condition: (1) ~~,~~i^I I~ DGO.rr~~j ~i^I~~~j In~~ ~~~ nh~irnh~~ ~+ I•nn^r+~ ui 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 the modification that that Condition (1) is removed, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A C PY_TESTE: ' Diane S. Childers Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 2 ~~~x iz. \\@ _ // ROANOKE COUNTY Applicants Narne: Brrzcce Chick DEPARTMENT OF Zoning: 5UP COMMUNITY DEVELOPMENT Proposed Zoning: C2 Tax Map No.,27.10-7-2 ~ ~ za. fi{ \ ~s io. TT ~4 f 19. 1\ P~ A'98 T- PETITIONER: Sovereign Grace Community Church CASE NUMBER: 2-0112003 Planning Commission Hearing Date: January 7, 2003 Board of Supervisors Hearing Date: January 28, 2003 A. REQUEST Petition of Sovereign Grace Community Church to obtain a Special Use Permit to construct a religious assembly facility on 3.28 acres, located at 7300 Williamson Road, Hollins Magisterial District. B. CITIZEN COMMENTS No citizens spoke. C. SUMMARY OF COMMISSION DISCUSSION Mr. David Holladay presented the staff report. The Commission raised questions about loss of commercial space to anon-profit organization. The Commission asked the petitioners how long they anticipated using the building. The petitioners responded that they have afour-year lease, and plan only interior alterations to the portion of the building to be used for the church. Citing concerns about potential loss of property taxes if the church were to buy the property in the future, Mr. Witt suggested a condition that the Special Use Permit only be issued as long as the church is a tenant and not a property owner. D. CONDITIONS 1. The Special Use Permit is valid as long as the church is a tenant at this location, and not a property owner. E. COMMISSION ACTION(S) Ms. Martha Hooker made a motion to approve the request, with the suggested condition. Motion carried 3-0. F. G DISSENTING PERSPECTIVE None. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission -j--_ a rf ~i ~ ~ _ ~TAF~~ ~ ~'T ~~ .. ;~ Petitioner: Sovereign Grace Community Church Request: Special Use Permit for Religious Assembly Location: 7300 Williamson Road Magisterial District: Hollins Proffered/Suggested none Conditions: EXECUTIVE SUMMARY: The petitioners propose to use approximately one third of the available space in the existing building. They plan to alter the interior for a sanctuary, Sunday school classrooms, and possibly office space and a fellowship hall. The petitioner's conceptual interior drawing shows approximately 215 seats in the sanctuary. The church currently has average attendance of 75 worshipers. No exterior alterations are planned. The property is designated Core in the 1998 Roanoke County Community Plan. The core areas are where high intensity urban development is encouraged. Core areas are central business districts, and are also appropriate for highway-oriented retail uses and regionally-based shopping facilities. Typical Core land use types include Retail Shops and Personal Services, Office and Institutional Uses, and Limited Industrial Uses. While churches have been historically located in business districts, due to limited availability of commercial property, the Community Plan discourages tax-exempt facilities in core areas. The site is fully developed, with adequate parking and driveway access from Williamson Road. The property owner hopes to have the church as a tenant, then lease the other two-thirds of the building to one or two other tenants. While the traffic generated by the proposed church would not conflict with the parking needs for other potential commercial uses on the property, the loss of commercial business space is a concern. 1. APPLICABLE REGULATIONS Churches are allowed by special use permit in the C2 zoning district 2. ANALYSIS OF EXISTING CONDITIONS Background -The property at 7300 Williamson Road is zoned C2C, General Commercial District. The property was rezoned in 1980 to construct a Moore's lumber yard. The only condition of the rezoning required screening of the outdoor storage yard. Moore's closed in January, 1998, and the building has been vacant since, with the exception that it was used for an indoor amusement center and go-kart track for approximately one year. The building is approximately 30,000 square feet, with approximately 75 parking spaces in the front parking lot. Topography/Vegetation -The property is flat, with the building and parking area slightly elevated from Williamson Road. Surrounding Neighborhood -The surrounding properties are zoned C2. All surrounding properties support commercial land uses, with the exception of a mobile home park to the northwest. T- ~ 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture -The petitioners propose to use approximately one third of the available space in the existing building. They plan to alter the interior for a sanctuary, Sunday school classrooms, and possibly office space and a fellowship hall. The petitioner's conceptual interior drawing shows approximately 215 seats in the sanctuary. The church currently has average attendance of 75 worshipers. No exterior alterations are planned. If the petitioners, or the building owners wish to make exterior alterations, staff would encourage them to consult the Williamson Road design guidelines. Access/Traffic Circulation -Access would continue via the existing driveway entrance from Williamson Road. According to the petitioner, traffic generated by the church would be greatest on Sunday mornings and occasional Tuesday evenings. Economic Development - Citing a continuing loss of potentially productive commercial property, the Roanoke County Department of Economic Development strongly objects to the proposed special use permit. They further state that existing commercial land in the county is limited and must be preserved. Removing commercial property from the county's inventory will impact future tax revenue and employment. Fire & Rescue/Utilities -Fire and Rescue service would continue as currently provided. The building is currently served by public water and sanitary sewer services. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The property is designated Core in the 1998 Roanoke County Community Plan. The core areas are where high intensity urban development is encouraged. Core areas are central business districts, and are also appropriate for highway-oriented retail uses and regionally-based shopping facilities. Encouraged land use types include Retail Shops and Personal Services, Office and Institutional Uses, and Limited Industrial Uses. While some churches have been historically located in business districts, due to limited availability of commercial property, the Community Plan discourages tax-exempt facilities in core areas. 5. STAFF CONCLUSIONS The site is fully developed, with adequate parking and driveway access from Williamson Road. The property owner hopes to have the church as a tenant in approximately one-third of the building, then lease the other two-thirds to one or two other tenants. While the traffic generated by the proposed church would not conflict with the parking needs for other potential commercial uses on the property, the loss of commercial business space is a concern. CASE NUMBER: 02-01/2003 PREPARED BY: David Holladay HEARING PC: 1/7/03 BOS: 1/28/03 DATES: 2 ~~~ County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 ALL AFPLICANTS Check type of application filed (check all that apply) Rezoning Special Use Variance Waiver Administrative Appeal Applicants name/address w/zip Phone: S y~ ~~ a - ~~ ~ A ,~.~~ ~",n-.. ~'i,:,-~`~ Work: r~~ %7~-~.~~~ lcaWr::~.\ ~«. , ~4 ~ '" `~ ~ ~ , <„ ~ ~;,es~ C`,~~.t~. Cell#• ~ -e,. r} ' ~ G ~;1 7 t:~~~~ k~ , tip ~=i~~~r, Fax No.: ~ /~ ~z~-3'~.[~ Owner's name/address w/zip ~~"l~ti. °~'~"'~ ~ F'rt"si C~ f Phone #: ~ i 7,.2 ~ "~~, n~.t ~~. Work: S~/t' `~~5~ 8`;tt~. . i ~ ~' ' ~ ' ~ . ,i i iC, ~~~;. f~~~c.~1 . l ,f`j r ~y - ~ Fax No. #: a'~-' `1 •q ~,~. ..~ ~iK^~. ~___.._---.__ Pro y Location ` Magisterial District: ~ '~ Community Planning area: Tax Map N"o.'--_.- _~.__ _ ____.. _ c~ ~"7, i~_~,I_o1 ~vv -~,~U Existing Zoning: E`_' ~, C Size of parcel(s): Acres: ~~ ~ Existin Land Use: REZONING SPECIAL USE PERMITAND WAIVER APPLICANTS (R/S/W) Proposed Zoning: ~^ r Proposed Land Use: y'.~,.,~ch Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes No IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes No IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes No VARIANCE, WAVER AND ADMINISTRATIVE APPEAL APFLfCANTS (V/W/AA) Variance/Waiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to For Staff Use Only Date received: ~// v z / Applic 'on fee: PC/BZA date: Placards issued: BOS date: ~ as/d r Z~' U Case Number ; > Z -- D r ~-, _,~ ~ `,> Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/S/W V/AA R/S/W V/AA R/S/W V/AA Consultation 8 1/2" x 11" concept plan ~~ Application fee ,/" Application Metes and bounds description Proffers, if applicable ,~ Justification Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the roperty or the ow is agent or contract purchaser and am acting with the knowledge and consent of the owner. ~~ ~ ,~ (~ /'kk~C~ l~l~, ~ Owner's Signature ~-- cal JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT OR WAIVER REQUEST Applicant: Sovereign Grace Community Church The Planning Commission will study rezoning, special use permit or waiver 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 Roanoke County Ordinance as well as the purpose found at the beginning of the applicable district classification in the Zoning Ordinance. The current zoning classification is C2C. We request a "Special Use Permit" to locate a church within one- third of the building at 7300 Williamson Road. We believe that the use of this location by a church can be consistent with the purposes of the Roanoke County Ordinance because the "purpose of this district is to provide locations for a variety of commercial and service related activities within the urban service area serving a community of several neighborhoods or large areas of the county." Sovereign Grace Community Church is aservice-related organization whose mission and practice will serve the surrow~dulg community of Roanoke County. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The proposed Church will provide a link in enhancing and supporting other commercial enterprises in the surrowiding area by providing consumers who will frequent local establishments. Further, the intended use of the building provides a safe, wholesome, well- maintained environment which is consistent with the Roanoke Community Plan Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks recreation and fire and rescue. The owner (Mike Amos) prefers aoommunity-oriented organization, which will maintain the aesthetics and functionality of the building as well as provide a steady source of income. Presently, two of the three corners of the Peters Creek/Williamson uitersection have large vacant buildings. The aforementioned building (formally Moore's Lumber) has been vacant for the better part of a decade. Occupation of the property would possibly attract other business ventures in addition to providing an increased consumer base to local establishments. The peak periods for parking and traffic for the church are at times (Sunday morning and occasional Tuesday evenings) when most of the surrounding traffic patterns are at low use levels. The building has parking for at least 85 cars -current attendance of the church is approximately 75. The impact on public services such as water and sewer, fire and rescue will be minimal due to the limited meeting times, and the present infrastructure will require no alteration. Y ~i~l~l~~~~~~~~~~s ~ ~.~_l~~'~i~-1_01-.d'a--=,~~=~ ~~~~~~~o_ ~C ~`- ~a ~F~ =c 1~1~-J~~~1~~d=~'~~~ ~ L,11= ~l _B1 Id..l~ ~~ . DE _o~~ tsl~~~~~~~d_. at~-~1 .~'~_~ ~-~ u_ _e~_=u-_oc-o~_k~~,d =~~ _~ ___ ~.~~~ N~ _ ~ =R~I~:~P.~b~~-J~ ~ t' ~ ~~ ~ ~~ ~ ~ y. ~~--~ ~,, ~~ p N ~ - i ~ , „~~ I_~ SIC I~ ~E ~ ~~ ~~ ~~ --II ~ _ _ - A~ . ~~ _.- ._ . ~ ,\ ~""~ S D 0 11 0 C~ v i0~j ~NIQ'IIilfl Sm~3 89T8SEBOCS Xd,~ Z6~ZT ZO/80/TT 28. ~~ ~o. ~, ~~ ,, ~s. ~.~ ~~. 6 ~ ~~ ~~~ .¢ ROANOKE COUNTY Applicants Name: Bruce Chick DEPARTMENT OF Zoning: SUP COMMUNITY DEVELOPMENT Proposed Zoning: C2 Tax Map No.27.10-7-2 \\~ _ / -~-- a T-'~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 28, 2003 ORDINANCE GRANTING A SPECIAL USE PERMIT TO SOVEREIGN GRACE COMMUNITY CHURCH TO CONSTRUCT A RELIGIOUS ASSEMBLY FACILITY ON 3.28 ACRES LOCATED AT 7300 WILLIAMSON ROAD (TAX MAP NO. 27.10-7-2), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Sovereign Grace Community Church has filed a petition for a special use permit to construct a religious assembly facility on 3.28 located at 7300 Williamson Road (Tax Map No. 27.10-7-2) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on January 7, 2003; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on December 17, 2002; the second reading and public hearing on this matter was held on January 28, 2003. 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 Sovereign Grace Community Church to construct a religious assembly facility on 3.28 acres located at 7300 Williamson Road (Tax Map No. 27.10-7-2) 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 condition: (1) The Special Use Permit is valid as long as the church is a tenant at this location, and not a property owner. 1 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. 2 .4 ACTION NO. A-012803-7 ITEM NO. T-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 28, 2003 AGENDA ITEM: Second reading of ordinance to rezone 22.743 acres from AR Agricultural Residential District to R-1 Low Density Residential District for development of single family housing located at Virginia Secondary Route 688 (Cotton Hill Road) and Raintree Road, Cave Spring Magisterial District, upon the petition of Cotton Hill Land Company, LC. SUBMITTED BY: APPROVED BY: Janet Scheid Chief Planner Elmer C. Hodge County Administrator SUMMARY OF INFORMATION: The first reading of this ordinance was held on September 24, 2002. The second reading and public hearing was scheduled for December 17, 2002, and postponed to January 28, 2003, by request of the Petitioner. The Roanoke County Planning Commission held a public hearing on this matter on November 5, 2002, and recommended against approving the rezoning request with the proffers that were submitted at that time. At the January 28, 2003 Board meeting, the petitioner presented a set of proffers for consideration. After the public hearing was held, there was discussion and the Board decided to return the matter to the Planning Commission. i VOTE: Supervisor Minnix moved to return the matter to the Planning Commission. Motion Approved. Yes No Abs Mr. Flora ® ^ ^ Mr. Church ^ ® ^ Mr. Minnix ® ^ ^ Mr. Altizer ® ^ ^ Mr. McNamara ® ^ ^ cc: File Janet Scheid, Chief Planner Arnold Covey, Director, Community Development Paul M. Mahoney, County Attorney ROANOKE COUNTY .Applicants Name: Ctton Hill Land Co. LC DEPARTMENT OF Zoning: Existing C2, Proposed Zoning R> COMMUNITY DEVELOPMENT Tax Map No. 96.02- >-33 / ~ _ ~ 1 29. 22."l' \ 1.62 M. 1 I I I ` ` ~+} /~ PETITIONER: Cotton Hill Land Company, LC CASE NUMBER: 23-10/2002 Planning Commission Hearing Date: November 5, 2002 Board of Supervisors Hearing Date: January 28, 2002 (Postponed from December 17, 2002 by request of the petitioner) A. REQUEST The petition of Cotton Hill Land Company, LC to Rezone 22.743 acres from AR Agricultural Residential District to R-1 Low Density Residential District for a development of single family housing located at Virginia Secondary Route 688 (Cotton Hill Road) and Raintree Road, Cave Spring Magisterial District. B. CITIZEN COMMENTS Approximately 15 citizens expressed concerns regarding increased traffic, the status of improvements to Cotton Hill Road, conflicts with the Community Plan, decrease of wildlife habitat, overcrowded schools, and possible damage to current wells near the proposed development. Several citizens also expressed concerns regarding the future of the nearby Roanoke Wildlife Rescue facility. C. SUMMARY OF COMMISSION DISCUSSION Mr. Chris Lowe presented the staff report. Mr. Witt began the discussion among the Planning Commission by stating that a line had to be drawn somewhere concerning approving higher density developments within areas that are not designated so and do not have the public facilities and infrastructure to support them. Mr. Witt declared that Cotton Hill would be a good start. Mr. Witt said that the other side of Cotton Hill was primarily zoned R-1 and had higher density development occurring. Mr. Witt then said that this side of Cotton Hill was exclusively AR and this rezoning would set a precedent for the other properties along this side of the road. Mr. Witt made a motion to forward a unfavorable recommendation to the Board of Supervisors. Ms. Hooker stated that the proffers submitted by the applicant provide some control on the way this development can occur, specifically concerning entrances and driveways. Mr. Robinson concurred with Ms. Hooker. Mr. Ross had concerns about incompatibility with the surrounding AR zoning and incompatibility with the Community Plan. D. CONDITIONS 1. There will be no driveways from Cotton Hill Road. 2. There will be one entrance to the subdivision from Cotton Hill Road. 3. The property will be developed to a maximum extent of 2.75 lots per acre. E. COMMISSION ACTION(S) Mr. Witt made a motion to deny the request. Motion carried 4-1. F. DISSENTING PERSPECTIVE G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission .~ -~ LAW OFFICES OSTERI3OUDT, PRILLAMAN, NATT, HELSCHER, POST, MAXWELL & FERGUSON, PLC Edward A. Natt Please reply to: P. O. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8180 Fax: (540)772-0126 E-mail: enatt@opnlaw.com 3912 ELECTRIC PiOAD, s.w, P. O. BO% 20487 ROANOHE, VIRGINIA 24018 - 0049 (540) 989-0000 FAX (540) 772-0120 January 16, 2003 The Honorable Chairman and Members Board of Supervisors County of Roanoke P. O. Box 29800 Roanoke, VA 24018 Re: Rezoning Request of Cotton Hill Land Company (Virginia Secondary Route 688/Raintree Road Dear Chairman and Members: SALEM, VIRGINIA 24153 P. O. Box 27e l05 N. COLORADO STRRRT (540) 388-2348 FAX (540) 389-8560 ~-' ~ ~ ;=~ I}Ji i vii ~ ~ PM C~' CLERK'S UFFIGE C~~ ~~~~ The above matter is set for consideration by the Board of Supervisors at its meeting scheduled for January 28, 2003, at 7:00 PM. The matter was initially considered by the Planning Commission on November 5, 2002. The Planning Commission recommended against the rezoning request with the proffers that were submitted at that time. Because of scheduling conflicts, and because the Petitioner desired to submit a revised request, the matter was not considered by the Board of Supervisors at its December or early January meeting. The matter is now scheduled for January 28tH The Petitioner has developed a set of proffers which, in its opinion, significantly changes the rezoning request. A copy of those proffers is enclosed for your information. It is our opinion that these proffers significantly change the very essence of the rezoning request as presented in November. My client would respectfully request that the matter be referred back to the Planning Commission for its reconsideration of the new request. We would submit that this could occur at the January 28, 2003 meeting prior to the actual public hearing scheduled on that date. My client will be present at the January 28th meeting and will be prepared to go ahead with the rezoning request but will be, and is by this letter, submitting the revised proffers as contained herein and would prefer to have the matter returned to the T-3 The Honorable Chairman and Members Board of Supervisors County of Roanoke Page 2 January 16, 2003 Planning Commission for consideration of the new proffers. As stated above, because of the significant change, we would again request that the matter be returned to the Planning Commission without the necessity of proceeding with afull-scale public hearing on January 28tH Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. ~.¢~9lan~ Edward A. Natt EAN/csb T- 3 PROFFERS Address of Subject Property: Situate along Virginia Secondary Route 688 and Raintree Road, Cave Spring Magisterial District, Roanoke County, Virginia Tax Map No.: 096.02-01-33 Applicant/Owner's Name: Cotton Hill Land Company, L.C. PROFFERS The undersigned applicant/owner does hereby proffer the following conditions in conjunction with the rezoning request: 1. Development of the property will be limited to forty-four (44) lots in substantial conformity with the plan entitled "Hampshire Prepared for Cotton Hill Land Co., LC" by Lumsden Associates, P.C. under date of January 8, 2003, entitled "Layout With New Proffers For Revised Rezoning Request;" provided, however, that should VDOT require the entrance to be relocated, the internal street pattern may be adjusted to provide for forty-four (44) lots. 2. No driveways for lots will be permitted on Cotton Hill Road, Raintree Road or Sylvan Road. 3. The property will be accessed by a single entrance from Cotton Hill Road at a location to be approved by VDOT. 4. Designated areas along Raintree and Sylvan Roads, as shown on the plan, shall be left in their natural, undisturbed state. 5. A water line easement shall be provided through the property to Sylvan Road. LAND COMPANY, L.C. B \\JOLLY\SYSIUSERS\CBaumgardner\ZONING\Cotton Hill Land PROFFERS.doc ~~ O c -~ z a m s c~i z s~ c T-3 Z x z Z ~ -3 b -~ Z O ~_ .~ Z Z .S~ 7d ~ `` \ ~ ~~ i\ll d~n~s ~I \ ¢7 //ff ~~ ~~ a 1~ / ~~ '- / a a q V '' ~- - i/ w ~ a a ~ ~~ . / ~ a t I i I w e4 ~ 1 1, 3 1111, d~~~ ~ a ~ a a V g b ~1 1 ~ m 1 1 ° 11}11 c 1~ a 1 } 1 m 1 1 1t w w 11 11 a m w A w lg l ~ ~ 1~1 ~ ~ ~~;'?~ ' ~ '~'?ie..., V , ~ ~ ~ '~ I ~ I w a ,~`-rt, wa :=.- i ~ ~ ~°: ~. psi % % 1 ~ ~~~_ ~~/ ~!! ~ a~p~f , ~~°~ R ao I~ ,~~ ,1 ~ 11, , ~ ,~ ~ , , ; ,, , , ,~/ ~~ \ ~ ~Y '/ \\ ` / ~ - 1 ~ - _. _ , - , ~_'-~l \~-------- __ _ _ ~i ~' ° °"° HAMPSHIRE ~ ~~~ ` COTTON HILL LANb CO, LC. ~ ~ '$ CAVE 9AiNB W618i9MAlpBiitlCf i W H i1DAN01~ CQM'Y~ Y~1~A PRELIMINARY PLAN'' a~ Ee Saar _ qY C$ .~ f ~ ~~ ~ ~~ ~R~~~~~ n S ` ~ ~ /~ LUMSDEN ASSaC1ATES, P.C. ENGINEERS-SURVEYORS-PLANNERS ROANOKE,VIRGINIA STAFF REPORT Petitioner: Cotton Hill Land Company, LC C/O Steve Strauss, P.O. Box 20287 Roanoke, VA 24018 Request: Rezoning from AR to R-1 Location: Va. Sec. Rt. 688 (Cotton Hill Road) and Raintree Road Magisterial District: Cave Spring Proffers: 1. There will be no driveways from Cotton Hill Road. 2. There will be one entrance to the subdivision from Cotton Hill Road. 3. The property will be developed to a maximum extent of 2.751ots per ac. EXECUTIVE SUMMARY: This is a rezoning request from AR to R-1 for 22.743 acres, at Cotton Hill Road. The property is zoned AR, Agriculture Residential and is designated as Development in the 1998 Roanoke County Community Plan. The petitioner requests to rezone the entire tract. 1. APPLICABLE REGULATIONS Building Permit for Single Family Home Required. V DOT Entrance Approval Required. 2. ANALYSIS OF EXISTING CONDITIONS United States Department of Interior -The petitioned property lies to the north and down slope from the Parkway. Between the Parkway road and the petitioned property there is a fairly dense wooded area and Raintree Road, all within the Parkway's property. This provides a substantial visual buffer for travelers using both the Parkway motor road and Parkway overlook. Utility rights-of--way will not be required of the National Park Service, so there will be no direct or secondary impacts from that use. The Parkway requests that the Parkway boundary be clearly surveyed and marked by the developers on proposed lots, which share a common property line with the Parkway. The National Park Service's major concern is the continued growth on Cotton Hill Road and the inevitable need to improve this secondary road. With that eventual improvement will come the need to remove and rebuild the parkway overpass. Topo~raphy/Ve etation -The property has a ridge, which runs from south to north down the center of the property. The property drops 100' from the top of this ridge in the south east corner to the northwest corner. Swales run along both sides of the ridge following Cotton Hill Road to the north and Sylvan Brook Road to the south. East Tennessee Natural Gas has a 50' easement from the northwest portion of the property to the western edge of the property. The property is ~ - J mostly open field with sporadic bushes and a tree line to the rear of the property. Surrounding Neighborhood -This property adjoins AR zoned residential properties to the Southeast, Southwest, West, and Northwest ranging from 3-acre lots to 3/4 acre lots. Across Cotton Hill Road are R-1 zoned residential properties ranging from 1/3-acre lots to 1-acre lots. 3. ANALYSIS OF PROPOSED DEVELOPMENT Background -Current conceptual plans show a subdivision ranging from 44 to 57 lots. Anticipated use is asingle-family neighborhood, which will fit into the existing community. The proffered condition allows a maximum of 621ots. Site Layout/Architecture -The conceptual plans show two different possible layouts. One has a main arterial drive with lots placed along this road. The second conceptual plan shows one main arterial drive with multiple cul-de-sacs accessed off this arterial. Both plans access Cotton Hill and are aligned with Monet Drive. Most lots show approximately 85' of frontage. No -- architecture plans have been submitted. Access/Traffic Circulation - V DOT states that the development of this single-family residential subdivision will have an impact on the peak hour traffic. Traffic on Cotton Hill Road is 2,300 VPD. Increased traffic as a result of this development would be approximately 440-620 additional vehicle trips per day. As a minimum a right turn lane will be required for the new entrance. Additional right of way will be needed for construction of this turn lane. The development of the proposed entrance will need to include the development potential for the property south of the Parkway. A left turn may also be required. Fire & Rescue/IJtilities -Fire and rescue services will continue, as they currently exist. Public water and sanitary sewer is currently available. This petition does not affect the existing public water and sanitary sewer systems. Department of Economic Development -The Department of Economic does not object to the rezoning request from the petitioners to rezone from AR to R-l. Long-Range Impacts -Cumulative long-range impacts of this proposed subdivision as well as others, include impacts on school populations and attendance zones, road improvements, parks and recreation facilities, emergency services and other general services such as trash collection and libraries. The Park Service has noted in their comments their concern about road improvements and the subsequent impacts on Blue Ridge Parkway facilities; the school administration has recently dealt, at least in the short-run, with overcrowding at Back Creek Elementary by shifting school attendance zones. There is the recognition on the part of staff that continued residential growth has a direct impact on school capacities and other capital improvement needs such as roads and park facilities. These capital improvement needs must be met in order to maintain a high quality of life in Roanoke County. 2 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN 5. The site is designated as Development in the 1998 Community Plan. Development designated land use areas are where most new neighborhood development will occur, including large-scale planned developments which mix residential, retail and office uses. Innovation in housing design, environmental sensitivity by incorporating natural features and resources within the developed area, greenways and bike and pedestrian trails are all key objectives of the Development designation. Clustered developments are also encouraged. Without additional information from the petitioner it is not possible to determine whether or not this proposed development meets these objectives or not. Land use types, which fall under the designation of Development, are Conventional Residential, Cluster Residential, Multi-Family, Planned Residential Development, Planned Community Development, and Community Activity Centers. The proposed petition would fall under the land use type designation of Conventional Residential. This would include single-family developments in conventional lots, which include attached, detached, and zero lot line housing options. This petition is consistent with the Development designation of the Roanoke County Community Plan. STAFF CONCLUSIONS This is a request to obtain a rezoning from AR to R-1. The request involves a 22.743 acre tract off of Cotton Hill Road. The petitioner's request is consistent with the policies and guidelines of the Roanoke County Community Plan. The site has ample space to conform to all applicable development standards. No negative impacts are anticipated. CASE NUMBER: 23-10/2002 PREPARED BY: Chris Lowe HEARING PC: October 1, 2002 BOS: October 22, 2002 DATES: A Count/ of Roanoke Community Development . Planning & Zoning 5204 Bernard Drive P 0 Box 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 772-2108 Rnr CYaff TTca Only Date received: Received by: Application tee: PC/BZA date: Placards issued: BOS date: Case Vumber _i ~~ fl:L~ ,~PPLIC~INTS ~~ Check type of application filed (check all that apply) Rezoning ~ Special Use ~ Variance CUNTACT : Q7WARD A . MATT, 3 912 ELECTRIC F2QAD, RO-AJVOK~, VA 2 4 018 Applicants name/address w/zip one• 7 5-81 SO Cotton Hill Land Company, LC c/o Steve Strauss, P. O. Box 20287 Fax No.- 772-0126 Roanoke VA 24018 Owner's name/address w/zip Phone: Same as above Fax No. Property Location Magisterial District: Cave S r i Va. Sec. Rte. 688 and Ra i nt ree Road Community Planning area: Back Creek .Map No. 096.02-01-33 Existing Zoning: ,cam (Arr i cu I tuna I . Res i dent i a ( ) Size of parcel(s): Acres: 22.743 Existing Land Use: vacant If~+`ZO~'VING.=~~VD SPECI4L~-'USE PER~IITAPPLIC~~IVTS.(R~S)~ Proposed Zoning: Rl (Low Density Res i dent i a t ) Proposed Land Use: residential - s i ng I e- fam i l Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes ~ No ~ IF NO, A V.~.RIANCE IS REQUIItED FIl~ST. 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 ~ T~~RI~I:VCE :YPP~,IC:~b:TS' (V) _ Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: ~-3 Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED II' ANY OF TI~SE ITEMS ARE NIISSING OR INCOMPLETE. / v r v / v X ! Consultation 8 1/2" x 11" concept plan Application fee X Application ll~Ietes and bounds description Proffers, if applicable X ~ Iustification Water and sewer application Adjoining property owners reby certiry that I am either the owner of the property or the owner s agent or contract purchaser and am acting with the knowledge and .sent of the owner. ' Owner's Sisnature .liS'ITir'Ii:?~T~C~N F()R 1~E7_Otti~Z1`+s3 OR S1?ECtAL:USE PER`.CV1t~ REC?z.11JS? Applicant Cotton Hili Land Company, L.C. Th~ nning Commission will study rezoning and special use permit requests to determine the need and justification for the chali5~ in terms of public health, safety, and general welfare. P?ease answer he following questions as thoroughly as possioie. Use additional space if necessary. Please e:~plain how the request furthers the purposes of the Zoning Ordinance (Section 30 3) as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The zoning of land in the subject area is basically single family residential. The entire area has been developed as a close-knit coim~ariity of single family homes. The proposed zoning adds to this existing use in this area. Please eYp_ lain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. ,The guidelines and policies in the County's Comprehensive Plan call for appropriate uses of property so that they fit into a community. The use of the subject property as single family residential will continue the development of the subject area as single family residential. Appropriate utilities are available for the development. The 1998 Comprehensive Plan for Roanoke County designates this property as development. Single family residential development, i.n a variety of formats, is strongly recommended in the development area. Thus, the single family residential zoning is a most appropriate zoning for this use. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. The physical impact on the adjoining properties wil! be minimal as the development will continue the single family residential growth in the area. Public utilities and facilities in the area ha/e been and are being developed to serve the property. Therefore, no negative impact is expected from the development of the property as single family residential. ~-3 T-3 Address of Subject Property: Situate along Virginia Secondary Route 688 and Raintree Road, Cave Spring Magisterial District, Roanoke County, Virginia Tax Map No.: 096.02-01-33 Applicant/Owner's Name: Cotton Hill Land Company, L.C. LEGAL DESCRIPTION All that certain parcel of land situate in the County of Roanoke, Virginia: BEGINNING at a point at the northwest corner of the property of Jon K. Ayers (D.B. 1416, PG. 1692 -Tax #96.02-1-30) on the northeasterly side of Sylvan Road (VA. SEC. RTE. #888); thence N 32° 48' 00" W 732 feet to a point; thence N 47° 17' 00" E 178.50 feet to a point; thence N 86° 00' 00" E 245 feet to a point; thence N 38° 49' 00" E 350.40 feet to a point in Cotton Hill Road (VA. SEC. RTE. 688); thence with the same S 69° 21' 25" E 391.47 feet to a point; S 51° 11' 25" E 350 feet to a point; thence S 39° 00' 25" E 353.11 feet to a point; thence leaving Cotton Hill Road (VA. SEC. RTE. 688) the following courses and distances: S 62° 10' 46" W 442.87 feet to a point; thence S Ol ° 12' 43" W 32222 feet to a point; thence S 76° 57' 28" W 250.66 feet to a point; thence N 65° 26' 31" W 458.79 feet to the place of BEGINNING and being designated as New Tract 1, containing 22.743 acres as shown on the "Plat Showing The Subdivision of 27.668 acres Property of Nlary M. Helvestine & The Dorothy W. Helvestine Estate Creating Hereon New Tract 1 (22.743 ac.), New Tract 2 (3.085 ac.) & New Tract 3 (1.840 ac.)" of record in Plat Book 22, page 191 of the Clerk's Office of the Circuit Court of Roanoke County, Virginia. ~~3 ~ W -- I ~ Ems" w C7 U] ~ rn ~ o P, a W r-, .--, U ce ~, r j Z °d W ~ j C.J CL z j ~ ! a~ ~ Z W z <~ U l m v o z ~ ~ o O ~ F, p-) ~ O m ~< ~ U] w r c~ ""'' w I,. ~ W zo ~: O ~ ci ~ a S a ~ cn ~ ~a z ~ ~ o W ~ ~ C~2 O ~ w ~ ¢ ~xrx a ~_ ~ ~~ ~ = Q a ~ ~ W = ~~~ <~ N z z ar5 i o~ ~ N W mw W,17c~ e') >z coo d w i c z ~ ¢ .~- ~ a0 ~ F ~ ~ _ ~ ~ OU cD ~ ~ X ~ < a "'a U7 a d ~ ~ ~., ~, U of o Z Y a ~ rn z a~° O ~" U U U Q. 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LC DEPARTMENT OF Zoning: Existing C2, Proposed Zoning R 1 COMMUNITY DEVELOPMENT Tax Map No. 96.02-1-33 29. 2.2. i.ez ac. ~ - << `l~ `III / ~; J d { / T;- / ~ti ,~ i `~i t ~ ~ 4 , i ,r ~ jf'~ ~' 1 f ~% :; / ` ~ ~~ r J M /: ~° ! ,!r ~ ~' ~ ~ 0 ~~ ~y j {, 4 4 c; ~Jj /! / ~. W' ~' /~ i, ~5~~ ~f ~ ~~ ~ K.a`•. i ~ ~" j'~` / i ~z ~ ~ ~~, { / X~a ~- -. -Y/ O ~. ~.~~ ~~,, , ~~ , ~~ i ~,w IT ~i!',! v/ ~-,C i -...~- z ,,s ~' T ~ ~- ~ ~ ~r ~ L ~ ~ L r '1/ ,, ' ,~ ~ ii. ~' ~ `a. 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SECONDARY ROUTE 688 (COTTON HILL ROAD) AND RAINTREE ROAD (TAX MAP NO. 96.02-1-33) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AR TO THE ZONING CLASSIFICATION OF R-1 WITH CONDITIONS UPON THE APPLICATION OF COTTON HILL LAND COMPANY, LC WHEREAS, the first reading of this ordinance was held on September 24, 2002, and the second reading and public hearing was scheduled for December 17, 2002, and postponed to January 28, 2003, by request of the Petitioner; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 5, 2002; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 22.743 acres, as described herein, and located at VA. Secondary Route 688 (Cotton Hill Road) and Raintree Road (Tax Map Number 96.02-1-33) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of AR, Agricultural Residential District, to the zoning classification of R-1, Low Density Residential District. 2. That this action is taken upon the application of Cotton Hill Land Company, LC. 1 i -3 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: (1) There will be no driveways from Cotton Hill Road. (2) There will be no entrance to the subdivision from Cotton Hill Road. (3) The property will be developed to a maximum extent of 2.75 lots per acre. 4. That said real estate is more fully described as follows: Beginning at a point at the northwest corner of the property of Jon K. Ayers (DB 1416, page 1692 -Tax Map #96.02-1-30) on the northeasterly side of Sylvan Road (VA. Sec. Rt. 888); thence N. 32 deg. 48' 00" W. 732 feet to a point; thence N. 47 deg. 17' 00" E. 178.50 feet to a point; thence 86 deg. 00' 00" E. 245 feet to a point; thence N. 38 deg. 49' 00" E. 350.40 feet to a point in Cotton Hill Road (VA. Sec. Rt. 688); thence with the same S. 69 deg. 21' 25" E. 391.47 feet to a point; thence S. 51 deg. 11' 25" E. 350 feet to a point; thence S. 39 deg. 00' 25" E. 353.11 feet to a point; thence leaving Cotton Hill Road (VA. Sec. Rt. 688) the following courses and distances: S. 62 deg. 10' 46" W. 442.87 feet to a point; thence S. 01 deg. 12' 43" W. 322.22 feet to a point; thence S. 76 deg. 57' 28" W. 250.66 feet to a point; thence N. 65 deg. 26' 31" W. 458.79 feet to the place of Beginning and being designated as New Tract 1, containing 22.743 acres as shown on the "Plat Showing the Subdivision of 27.688 acres Property of Mary M. Helvestine & the Dorothy W. Helvestine Estate creating hereon New Tract 1 (22.743 ac.), New Tract 2 (3,085 ac.) & New Tract 3 (1.840 ac.)" of record in Plat Book 22, page 191 of the Clerk's Office of the Circuit Court of Roanoke County, Virginia. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 2 w LAW OFFICES OSTERHOUDT, PRILLAMAN, MATT, HELSCHER, POST, MAXWELL & FERGUSON, PLC Edward A. Natt 3912 ELEOTRIG LiOAD, .S.w. Please reply to: P. O. BoX 20487 P. O. BOX 20487 Roanoke, VA 24018 ROANOKE, VIRGINIA 240 18 - 0049 Direct: (540) 725-8180 Fax: (540) 772-0126 (s4o) 9sa-oooo E-mail: enatt@opnlaw.com FAx (s4o) 772-o12g January 27, 2003 The Honorable Chairman and Members Board of Supervisors Co;:nty of Raanoke P. O. Box 29800 Roanoke, VA 24018 Re: Rezoning Request of Cotton Hill Land Company (Virginia Secondary Route 688 / Raintree Road) Dear Chairman and Members: ~~ w ~F • ~'' `~ Y b y' "~ ^6 5.,- ` i'.1.~+- L~ ~VJJi ,,,.. U.-FtlCE SALEM, VIRGINIA 24153 P. O. Box 2743 105 N. COLORADO STREET (540) 380-2344) FAX (540) 389-9580 Enclosed is a revised set of proffers for the above rezoning scheduled before the Board on Tuesday evening. These proffers were developed after Mr. Boone and Mr. Strauss met with the neighbors at a community meeting last week. Respectfully submitted, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P~¢,...adn~ Edward A. Natt EAN/csb Enclosure pc: Mr. Len Boone Mr. Steve Strauss VIA FACSIMILE: 989-1739 VIA FACSIMILE: 989-7062 ~3 Address of Subject Property: Tax Map No.: Applicant/Owner's Name: PROFFERS Situate along Virginia Secondary Route 688 and Raintree Road, Cave Spring Magisterial District, Roanoke County, Virginia 096.02-01-33 Cotton Hill Land Company, L.C. PROFFERS The undersigned applicant/owner does hereby proffer the following conditions in conjunction with the rezoning request: 1. Development of the property will be limited to forty-four (44) lots in substantial conformity with the plan entitled "Hampshire Prepared for Cotton Hill Land Co., LC" by Lumsden Associates, P.C. under date of January 8, 2003, entitled "Layout With New Proffers For Revised Rezoning Request;" provided, however, that should VDOT require the entrance to be relocated, the internal street pattern may be adjusted to provide for forty-four (44) lots. 2. Other than as necessary for the installation of the road system within the property, the installation of utilities, storm drainage and detention basins required by the appropriate governmental officials for development of the property, and the clearing and grading for the proper use of the building sites on the lots, no trees will be removed. 3. Developer will cause to be recorded among the land records of Roanoke County covenants which prohibit future owners of any lots from removing any tree that measures 3 inches or greater in diameter at a height of 4 feet above the ground as long as said tree is healthy. Said covenants shall further include provisions establishing an Architectural Review Committee which shall be charged with the responsibility of reviewing requests of future owners to change the existing landscaping and grounds on any lot once the lot has been developed and have a home constructed on that lot. Said Architectural Review Committee shall prohibit the removal of any trees 3 inches or greater in diameter at a height of 4 feet above the ground unless the removal of such tree is in the interest of safety as determined by the Architectural Review Committee. 4. No driveways for lots will be permitted on Cotton Hill Road, Raintree Road or Sylvan Road. 5. The property will be accessed by a single entrance from Cotton Hill Road at a location to be approved by VDOT. \\JOLLY\SYS\USERS\CBaumgardner\ZONING\Cotton Hill Land PROFFERS.doc 6. Developer agrees to dedicate to VDOT the parts of the property that are between Cotton Hill Road and the existing gas line easement except such dedicated area shall not include any land that would make any point of any abutting developed lot less than 120 feet in depth. 7. Designated areas along Raintree and Sylvan Roads, as shown on the plan, shall be left in their natural, undisturbed state. 8. A water line easement shall be provided through the property to Sylvan Road. The Developer shall install a water line within said easement and place a fire hydrant at Sylvan Brook Road. 9. Developer shall install a 6-foot wood fence at the rear of Lots 2 through 6 as shown on the Development Plan. COTTA. LAND COMPANY, L.C. BY IT \\JOLLY\SYS\USERS\CBaumgardner\ZONING\Cotton Hill Land PROFFERS.doc AGENDA ITEM NO. APPEARANCE REQUEST PUBLIC HEARING -ORDINANCE -CITIZEN COMMENTS SUBJECT: I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW; • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. • The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. • All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. • Both speakers and the audience will exercise courtesy at all times. • Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. • Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: C`ncxrrC ~~ c~o.~L ADDRESS: S~`3a ~~~~L Lam' ~~~' PHONE: Q~~~-~°13C~ O~ QOAN ~~` a 9 ~^ ~ ~ z o :. 'a 1839 AGENDA ITEM NO. APPEARANCE REQUEST _~PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW; ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ADDRESS: PHONE: ~~~" ~f~ _ ~ ~OANpi(rF ~ ~ ~ /) % FL G ,~ O b o- z U-~ ~ L ~ ~ o Z 9 ---_~ f~- ~. ~ a J~~~/ F~ 1835 AGENDA ITEM NO. APPEARANCE REQUEST PUBLIC HEARING ORDINANCE ~~CITIZEN COMMENTS SUBJECT: I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW: ^ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME:/~~fz~ ~~ S~ ~C- ADDRESS: ~% :~33 ~~~ ~ ~ ~ ~~J f ~~ PHONE: ~,~ ~~ __ ,~ ~ / ,,2 ~~; :~. •~. .~• ~e ~~~ ova' ~~~~~~~ ComRnettts to Re~noke G`auntX Bortt~d of Supetwfsors Jenr~ory 28, 2UD3 Re: Cohan Hf!/ Road Rezonfng My name is Annie Krochalis, and my address is 9428 Patterson Drive, bent Mountain. I am here to address the reaoning of property on Cotton Hill Road. I have followed this process and note that this is the third scheduled public hearing on this request. A community meeting was held recently to facilitate communication between the developers and the community. This was a progressive initiative and I congratulate Janet Scheid and the Planning Dept., on the introduction of this practice. I am hopeful that this practice will continue and suggest that it be entered into the process at an earlier point. I nm here as a consultant to the Wildlife Rescue Center, an ad,~acent property owner. I am concerned that this pre-existing facility be able to operate ns it has if this development is completed. Several new proffers suggested at the community meeting included the construction of an 8 foot chain link fence, as required by USDA, be built by the developers around the property of the Center. I urge that this be included in whatever decision is made here tonight. f~~'~tlfcl ~f:~~~~~al~.s a ~._a~ Q r'~#jr~j~ns"nw fi:: !t-'r~yf~l3~c~ Yr~i'Y~r~~,i Lrr"p {~`~iiirJ[1 ~+?~~ ?~Ur?t'~ .__.. ,V __{._._.. My other concerns about this request are the following: Traffic nr~t safety- I question the safety of the site distnr~ces. The only posted road signs suggest dangerous curves and speed limits of f0 to 25 mph, white the legal speed is 55mph since no speed limit is posted. This is n 3.5-mile road that may have nn additional 39 to 64 homes on one development, and up to 800 on n second, plus the additionnt homes in the Groves. There is no exit from these developments except to Cotton Hill Road, even if the commun#ies are seif- contained. There is nn approved commercial site on the development past the Parkway. VDOT imQrovements to Cotton Hitt Rand? I remind us all of Mr. Minnix description that the projected 10 trips a day per household, each with 3 vehicles, totaling 27,000 trips "would score .an undertaker". The existing road will not support development of this size. The status of VDOT plans and funding is uncertain. I question if we are wise to push development expecting VDOT to follow once the problems of congestion and accidents occur. I remind you that during a recent storm the dice requested citizens NOT to drive on Cotton Hill Road. Con#irwity with the existitw comnrnu~tity and the comprehensive plan- The existing community is of a mare rural character than the proposed developments. annie krochatis Page 2 Ol/~8/03 ` .!"~ _ ~ 9 r n. , 1 ~~~;it~a~~K~ ~~. r~r~ri{c~~; ~~~g~tcSl i~~~ ~,~,Y~:~~~s ~-i~it ra~r~i The issue of population density is a primary concern. This was expressed at the community meeting as a sense of the project "being imposed on the existing community that does not want to be so unalterably changed". The Neighborhood Plan cites a value on rural character being respected in new development. It lists "the land to the rear of the Back Creek Elementary School" as n resource "to be reserved for educational purposes". The Plan stresses respect for the" existing rural character of the community" and "mitigating the impact of new development on adjacent land use". The plan also includes a request to "promote continued support "for the fire and rescue squads "full time staffing during the day". Will the demands of increased development be covered, and would such coverage decrease the available shared coverage with Bent Mountain and other areas? Environmental impart- The community has expressed concern about environmental impact including the potential impact on wells and the water table, erosion, tree barriers and the existing wildlife habitat. How well have these concerns been studied? Integrity of the process- The Board denied the request to send this back to the Planning Commission, yet we are faced with that same issue today. The process has included dialogue of a threatening nature suggesting that if this is not rezoned then the developers are able to do whatever they wish, and disparaging remarks about families in the neighborhood. This is inappropriate. In annie krochalis Page 3 01/28/03 gd~.twC[I~tt~~+ it`. GtA>iCitILD i~'i~LI.C;JL Cl~l L ~~ t~V~i C"C1CC ~.<Itlltl fairness, I must acknowledge. that the community meeting was an attempt to move past this level of dialogue. It was only partially successful. The creditability of the process is impacted by such dialogue and by the accommodation of the developers requests, which appears to be beyond the usual level. This type of development seems to be one reflecting the concept of "if we build it they will come". Do we have the local economy, the available jobs, the road safety, and the service infrastructure to support this? I suggest that we need to be more proactive and thoughtful in community planning, otherwise I fear that the long-term costs of supporting these self-contained communities will be greater than the benefits to the County. annie krochalis Page 4 0 U2$/03 AGENDA ITEM NO.I.~ APPEARANCE REQUEST PUBLIC HEARING -ORDINANCE _CITI2EN COMMENTS SUBJECT: ~~~ ~/'// ~~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: Y~~ ~~~a "~ ADDRESS: ~_/ ~'6 ~ ~~~ "' r~~ -~'"' " /YI~ PHONE: ~~~ ~ lS~'~ ~~ AGENDA ITEM NO.~_ APPEARANCE REQUEST PUBLIC HEARING ORDINANCE CITIZEN COMMENTS i SUBJECT: ,.. ;~~ ~;~~:~--; ~;, -~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD. /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW: • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. • The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. • All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. • Both speakers and the audience will exercise courtesy at all times. • Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. • Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD -, ;~ --~ C ~ ~ .rte NAME: .~:: ~-t~~l -~- ~ ,ry -,r -,,, ~- ~ ~ ADDRESS: l -EE'..h ~ ~c ..,n,- ~. `(~ ~! PHONE: ~j ~~_, `~ -~ . > AGENDA ITEM NO. { ? > APPEARANCE REQUEST ~UBLIC HEARING -ORDINANCE _ CITIZEN COMMENTS ;_ j ~ SUBJECT: ~...._ ~ -i--~ ,:. ~-, j-- n r 1 ~ ~ ~ ~. 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: ~ cz_~~-, 1~~~ ~~ ~~ ~ ~ ~. ti~ ~: ADDRESS: l,_.(.~~] ~,~ n'~ r ~. ~ c~ ,~- ~ ~ c~_ ~L_c:3 ~_ --~.-. ~ C PHONE: ~ ~~ ~ ___ AGENDA ITEM NO. APPEARANCE REQUEST PUBLIC NEARING -ORDINANCE -CITIZEN COMMENTS SUBJECT: ~~ ~.~;~~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW,- • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. • The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. • All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. • Both speakers and the audience will exercise courtesy at all times. • Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. • Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: o~~~ ~~ ADDRESS: S~~ ~ .~~ 1_~ ~ PHONE: °l cS~l- ~'i~~-, a. w AGENDA ITEM NO. APPEARANCE REQUEST PUBLIC HEARING ORDINANCE '-' CITIZEN COMMENTS SUBJECT: `. ` <;' % ~%c; ,~,' ;~~`~ ; L ~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I 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: L~ ~- L~ ~ ~.~~ ~~ ~~~A ADDRESS: ~ `~~ ~C~ ~ C~"~?o ~~i ~~-~ ~ ~ L PHONE: 7 ~ 1~ '`~~ ~ ~ i ~ pOANp,I. O F ti A Z G) °c~ a 1838 ',A J C~~~z~~ ~f ~~~t~a~~ Board of Supervisors P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VA 24018-0798 Joseph McNamara, Chairman Windsor Hills Magisterial District Richard C. Flora, Vice-Chairman Hollins Magisterial District Ms. Nancy Greene 4837 Topping Hill Drive Roanoke, VA 24018 Dear Ms. Greene: January 29, 2003 Michael W. Altizer Vinton Magisterial District Joseph B. "Butch" Church Catawba Magisterial District H. Odell "Fuzzy" Minnix Cave Spring Magisterial District The members of the Roanoke County Board of Supervisors have asked me to express their sincere appreciation for your many years of service on the Library Board. Citizens, like you, who are responsive to the needs of their community and are willing to donate their time and talent toward making Roanoke County a better place to live are special people. Roanoke County is fortunate to have benefited from your unselfish contribution to our community. Allow me to personally thank you for the time that you served on this Board, and as a small token of appreciation, we enclose a Certificate of Appreciation for your service to Roanoke County. With kindest regards, seph McNamara, Chairman Roanoke County Board of Supervisors Enclosure OFFICE: (540) 772-2005 FAX: (540) 772-2193 VOICE MAIL: (540) 772-2170 E-MAIL: bos ~ co. roanoke.va. us 4fi ~~ ~' w z~, +-F-t :~ mod` a z_ W~ Q V z N F- V O V W h W V D 0 O W W a N O O N ~~ M ~W E ~ r~ ~ U O~w~ Paz ~H~ ~~~ O M ~Ww ~p~ =WOW ~U ~~ O w O .~ O O G L ~ G - v OF POANp~~ r; ~ ~ z s' ~ ~ ~ a 1838 DIANE S. CHILDERS CLERK TO THE BOARD Email: dchilders~co.roanoke.va.us C~n~xr~~ a~ ~~~t~oC~.e P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 January 29, 2003 Ms. Debbie Pitts Assistant Director of Recreation Parks, Recreation & Tourism Department 1206 Kessler Mill Road Salem, VA 24153 Dear Ms. Pitts: BRENDA J. HOLTON, CMC DEPUTY CLERK Email: bholton~co.roanoke.va.us The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Disability Services Board. am pleased to inform you that, at their meeting held on Tuesday, January 28, 2003, the Board of Supervisors voted unanimously to re-appoint you as a member of the Disability Services Board for another three-year term. Your new term began on December 31, 2002, and will expire on December 31, 2005. 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. Very truly yours, ~D C~1~; Diane S. Childers, Clerk to the Board of Supervisors Enclosure OF ROANp,~~ ~ "~ ~ z ~, J .a 1838 DIANE S. CHILDERS CLERK TO THE BOARD Email: dchilders~co.roanoke.va.us Ms. Phyllis Amos 3255 Londonderry Lane, SW Roanoke, VA 24018 Dear Ms. Amos: P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 January 29, 2003 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, January 28, 2003, the Board of Supervisors voted unanimously to appoint you as a member of the Library Board, representing the Cave Spring Magisterial District, for afour-year term. Your term began on December 31, 2002, and will expire on December 31, 2006. 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. State law requires that you take an oath of office before the Clerk of the Roanoke County Circuit Court. This oath must be administered prior to your participation on this Board. Please telephone Steven A. McGraw, at 387-6205, to arrange to have this oath administered. Mr. McGraw has asked that you bring this letter with you. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, ~a~[-~U.~~GLJJ Enclosures cc: Diana Rosapepe, Director, Steven A. McGraw, Clerk, C~v~xt~~ .vf ~n~rtnC~ Diane S. Childers Clerk to the Board of Supervisors Libraries Circuit Court ~~ t of Roaroo~~ • ~, , ~ s~ Z c~ yeas Board of Supervisors P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VA 24018-0798 Joseph McNamara, Chairman Windsor Hills Magisterial District Richard C. Flora, Vice-Chairman Hollins Magisterial District January 29, 2003 Dr. Charles G. Fuller Pastor Emeritus First Baptist Church 515 Third Street Roanoke, VA 24011 Dear Rev. Fuller: Michael W. Altizer Vinton Magisterial District Joseph B. "Butch" Church Catawba Magisterial District H. Odell "Fuzzy" Minnix Cave Spring Magisterial District On behalf of the Board of Supervisors, I would like to thank you for offering the invocation at our meeting on Tuesday, January 28, 2003. We believe it is most important to ask for divine guidance at these meetings, and the Board is very grateful for your contribution. Thank you again for sharing your time and your words with us. It was good to have you with us. With kindest regards, ~~~~~~ seph McNamara, Chairman Roanoke County Board of Supervisors OFFICE: FAX: VOICE MAIL: (540) 772-2005 (540) 772-2193 (540) 772-2170 E-MAIL: bos ~co.roanoke.va.us _ -- - -- - Diane Childers - RE: Legal Notice Page 1 From: Martha Plank <Martha.Plank@Roanoke.com> To: 'Diane Childers' <DCHILDERS@co.roanoke.va.us> Date: 1/10/03 8:38AM Subject: RE: Legal Notice Good morning Diane. This ad is scheduled for Jan. 14 and 21 -cost is 165.60... thanks.. LEGAL NOTICE~~ROANOKE COUNTY~~BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, January 28, 2003, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Cotton Hill Land Company, LC to Rezone 22.743 acres from AR Agricultural Residential District to R-1 Low Density Residential District for a development of single family housing located at Virginia Secondary Route 688 (Cotton Hill Road) and Raintree Road, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: January 10, 2003Diane S. Childers, Clerk (2054549) Martha F. Plank The Roanoke Times Legal Advertising Rep. Phone 540.981.3440 Fax 540.981.3415 Email: legals@roanoke.com > From: Diane Childers > Sent: Thursday, January 9, 2003 3:35 PM > To: legals@roanoke.com > Subject: Legal Notice > «File: 01-28-legal-Cotton Hill.doc» > Martha, > Attached is an additional ad to be published on January 14 and January 21. > Thanks! > Diane S. Childers > Clerk to the Board > County of Roanoke > E-mail: dchilders@co.roanoke.va.us > Phone: (540) 772-2003 > Fax: (540) 772-2193 _ __ D;ane,,Childers - RE: Legal Notice ~~ ~~ From: Martha Plank <Martha.Plank@Roanoke.com> To: 'Diane Childers' <DCHILDERS@co.roanoke.va.us> Date: 1/13/03 2:54PM Subject: RE: Legal Notice HI DIANE -this is running Jan. 14 and 21 -cost 147.20... (sorry I didn't send you this last week...) ~~~3 °3 i ~ LEGAL NOTICE~~ROANOKE COUNTY~~BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, January 28, 2003, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Sovereign Grace Community Church to obtain a Special Use Permit to construct a religious assembly facility on 3.28 acres located at 7300 Williamson Road, Hollins Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: January 10, 2003Diane S. Childers, Clerk (2054415) Martha F. Plank The Roanoke Times Legal Advertising Rep. Phone 540.981.3440 Fax 540.981.3415 Email: legals@roanoke.com > From: Diane Childers > Sent: Monday, January 13, 2003 2:46 PM > To: Martha.Plank@Roanoke.com > Subject: RE: Legal Notice > This one looks good Martha. Do you have a proof of the ad for Sovereign > Grace > Community Church? Thanks. > Diane S. Childers > Clerk to the Board > County of Roanoke > E-mail: dchilders@co.roanoke.va.us > Phone: (540) 772-2003 > Fax: (540) 772-2193 > »> Martha Plank <Martha.Plank@Roanoke.com> 01/10/03 08:38AM »> > Good morning Diane. This ad is scheduled for Jan. 14 and 21 -cost is > 165.60... thanks.. > LEGAL NOTICE~~ROANOKE COUNTY~~BOARD OF SUPERVISORS The Roanoke County > Board > of Supervisors will hold a public hearing at 7 - _ _ Page 1 - ----~ ,_..__ - _ _.. - _ -- D~anc~Childers - RE: Legal Notice Page 2 ~. , > p.m. on Tuesday, January 28, 2003, in the Board Meeting Room of the > Roanoke > County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the > petition of Cotton Hill Land Company, LC to Rezone 22.743 acres from AR > Agricultural Residential District to R-1 Low Density Residential District > for a development of single family housing located at Virginia Secondary > Route 688 (Cotton Hill Road) and Raintree Road, Cave Spring Magisterial > District. A copy of this application is available for inspection in the > Department of > Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: January 10, > 2003Diane S. Childers, Clerk (2054549) > Martha F. Plank > The Roanoke Times > Legal Advertising Rep. > Phone 540.981.3440 > Fax 540.981.3415 > Email: legals@roanoke.com > > From: Diane Childers > > Sent: Thursday, January 9, 2003 3:35 PM > > To: legals@roanoke.com > > Subject: Legal Notice > > «File: 01-28-legal-Cotton Hill.doc» > > Martha, > > Attached is an additional ad to be published on January 14 and January > 21. > > Thanks! > > Diane S. Childers > > Clerk to the Board > > County of Roanoke > > E-mail: dchilders@co.roanoke.va.us > > Phone: (540) 772-2003 > > Fax: (540) 772-2193 .~, i ~ ~ ~ LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, January 28, 2003, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Cotton Hill Land Company, LC to Rezone 22.743 acres from AR Agricultural Residential District to R-1 Low Density Residential District for a development of single family housing located at Virginia Secondary Route 688 (Cotton Hill Road) and Raintree Road, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: January 10, 2003 Diane S. Childers, Clerk Please publish in the Roanoke Times: Tuesday, January 14, 2003 Tuesday, January 21, 2003 Direct the bill for publication to: Edward A. Natt, Esquire Osterhoudt, Prillaman & Natt 3912 Electric Road Roanoke, VA 24018 (540) 725-8180 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Diane S. Childers Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 • -1 ,. LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, January 28, 2003, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Sovereign Grace Community Church to obtain a Special Use Permit to construct a religious assembly facility on 3.28 acres located at 7300 Williamson Road, Hollins Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: January 10, 2003 Diane S. Childers, Clerk Please publish in the Roanoke Times: Tuesday, January 14, 2003 Tuesday, January 21, 2003 Direct the bill for publication to: Sovereign Community Church c/o Bruce Chick 3337 Hollyfield Circle Roanoke, VA 24018 540/772-4226 540/725-4147 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Diane S. Childers Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 1 Diane Childers - RE: Legal Notice Page 1 t. From: Martha Plank <Martha.Plank Roanoke.com> d To: 'Diane Childers' <DCHILDERS@co.roanoke.va.us> ~ ~D~ Date: 1/10/03 8:38AM ~~\ ~'~ ~~ Subject: RE: Legal Notice ` Good morning Diane. This ad is scheduled for Jan. 14 and 21 -cost is 165.60... thanks.. LEGAL NOTICE~~ROANOKE COUNTY~~BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, January 28, 2003, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Cotton Hill Land Company, LC to Rezone 22.743 acres from AR Agricultural Residential District to R-1 Low Density Residential District for a development of single family housing located at Virginia Secondary Route 688 (Cotton Hill Road) and Raintree Road, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: January 10, 2003Diane S. Childers, Clerk (2054549) Martha F. Plank The Roanoke Times Legal Advertising Rep. Phone 540.981.3440 Fax 540.981.3415 Email: legals@roanoke.com > From: Diane Childers > Sent: Thursday, January 9, 2003 3:35 PM > To: legals@roanoke.com > Subject: Legal Notice > «File: 01-28-legal-Cotton Hill.doc» > Martha, > Attached is an additional ad to be published on January 14 and January 21. > Thanks! > Diane S. Childers > Clerk to the Board > County of Roanoke > E-mail: dchilders@co.roanoke.va.us > Phone: (540) 772-2003 > Fax: (540) 772-2193 Board of Supervisors • • • • C I erk's Office F ~Ah4 . h ,A ~ G Fax Transm ~ttal o a To: Chief Colin Gee rs a From: Diane S. Childers Clerk to the Board Date: 1 /21 /2003 No. of Pages: 2 including cover I am sending you a copy of Resolution 040897-1 which was adopted by the Board of Supervisors in 1997. This resolution designated the 1932 Seagrave fire truck as the County's #1 fire truck and as historical equipment. In addition, it designated the Mt. Pleasant Fire Department as the custodian of the vehicle. If you have any questions concerning this resolution, please feel free to contact me. County of Roanoke P. O. Box 29800 Roanoke, VA 24018 (540) 772-2005 (Phone) (540) 772-2193 (Fax) TRANSMIT ME55AGE CONFIRMATION REPORT ~ NAME:RKE BOARD SUPERVISOR TEL :540 772 2193 DATE:01/21'03 10:01 TRANSMIT: 94273049 DURATION PAGE SESS RESULT ~ TYPE MEMORY TX I ~ MODE ~ E- 14 ~ I I I 00'53 ~ I 02 ~ I 201 ~ I OK ~ 1 Board of Supervisors -.. Clerk's Office Fax Transmittal To: il=rom: Date: No. of Pages: Chief Colin Gee Diane S. Chiiders Clerk to the Board 1 /21 /2003 2 including cover I am sending you a Dopy of Resolution 040897-1 which was adopted by the Board of Supervisors in 1997. This resolution designated the 1932 Seagrave fire truck as the County's #1 fire truck and as historical equipment. In addition, it designated the Mt. Pleasant Fire Department as the custodian of the vehicle. If you have any questions concerning this resolution, please feel free to contact me. County of Roanoke P. O. Bqx 29800 Roanoke, VA 24018 (540) 772-2005 (Phone) (540) 772-2193 {Fax) 2. Resolution designating as historical equipment the 1932 Seagrave Fire Truck located at Mt. Pleasant Fire Station and recognition of Chief Gene Wagner and Mt. Pleasant Fire Station. R-040897-1 Chairman Johnson presented Certificates of Appreciation to Chief Wagner and the Mt. Pleasant Fire Station. Chief Wagner presented a framed painting of the old courthouse to the Board of Supervisors. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 040897-1 DESIGNATING THE 1932 SEAGRAVE FIRE TRUCK STATIONED AT MT. PLEASANT FIRE DEPARTMENT AS THE COUNTY'S #1 FIRE TRUCK AND AS HISTORICAL EQUIPMENT. WHEREAS, the Board of Supervisors in June, 1932 purchased a new Seagrave Fire Truck to be housed at the Salem Fire Department to be used to fight fires in Roanoke County, and WHEREAS, in April, 1972, another unit was purchased by the County for this purpose and the Seagrave unit was taken out of active service, and WHEREAS, Chief Gene Wagner and other volunteers of the Mt. Pleasant Volunteer Fire Department undertook the task and worked from 1972 to 1975 to refurbish the truck for use in parades and other appropriate ceremonies, and WHEREAS, the members of the Mt. Pleasant Fire Department have faithfully maintained this vehicle and taken the unit upon request for such ceremonial presentations. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY that the 1932 Seagrave Fire Truck refurbished by Chief Gene Wagner and the Mt. Pleasant Volunteer Fire Department is hereby designated as the County's #1 fire truck and as historical equipment in recognition of the service this unit provided to the residents and businesses of Roanoke County and the Board further expresses its appreciation to Chief Wagner and the members of the Mt. Pleasant Fire Department for their efforts to restore and maintain this truck for use by the County. THE BOARD OF SUPERVISORS FURTHER DESIGNATES the Mt. Pleasant Fire Department as with the understanding that they will continue to present the vehicle in appropriate ceremonial occasions on behalf of the County. On motion of Supervisor Nickens to adopt the Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A c~s~oc~'-irY` b ~ dc~i(1~`~~a~ ~ iS ~ en--~'~,ky ~lcr1' S a`~_oJ~ 5 cnd ~~1b S ~, ~sefi, ~~ .~ d ~ ~ ~ ~C I~,~e~e -~-1~c ~"ef M ~~~-~~~5 Sc~S~. '~cv~rl~,~S Ie~a1 ~,,,~~'~ STS ---- -------- Diane Childers -Agenda item for 1932 firetruck P~ From: Elmer Hodge To: Childers, Diane ' I ^^ ~j Date: 1 /20/03 9:31 AM `"I' c~(~ ~ `" ~ '~ _ ~ ~~ - ~~: Subject: Agenda item for 1932 firetruck CC`~+1 Diane, The Mt. Pleasant volunteers have asked for greater assurance that the 1932 Seagrave fire truck will not be sold or reassigned without their concurrence. I am placing on your desk, a copy of a resolution from 1997 giving some support but they would like more. Please fax a copy of this to Chief Colon Gee (phone 427-3038) for his review. He can invite others as he wishes. Put this on for 7:00 on the 28th. Chief Burch and I have no problem with this so please prepare an agenda item worded as follows: The volunteer firefighters from Mt. Pleasant Fire Department have asked that Roanoke County's #1 fire truck, a 1932 Seagrave be retained by the County for historical and ceremonial purposes. They have also asked permission to keep this truck at the Mt Pleasant station where it will be kept in the station, preserved, maintained and used for County-wide functions as requested. Former Volunteer Chief, Gene Wagner, and some of the volunteers restored this vehicle when it was surplused by the County in 1972. Mt. Pleasant has already been designated as the custodian of this fire truck and they have now asked that it not be sold, transferred to another department or otherwise disposed of without the support of the Mt. Pleasant Volunteer Fire Department. Mr. Altizer, Chief Burch, and I support their request and recommend your approval of the attached resolution that has been prepared by Mr. Mahoney's office. This is a very rare and beautifully restored fire truck. It is valuable and we express appreciation to all who have restored and cared for this truck over the years. It is in excellent mechanical condition but is not easy to drive so it's operation should be restricted to those who are familiar with the braking system, transmission, and engine. We recommend this to you with the understanding that: 1. The 1932 Seagrave will be housed indoors, maintained, and preserved. The County may be required to provide funds for it's upkeep. 2. Other County departments and stations may call on Mt. Pleasant to provide the truck for ceremonial purposes. 3. The Board of Supervisors agree not to sell or dispose of this vehicle without the agreement of the Mt. Pleasant Volunteers. 4. The Mt. Pleasant volunteers understand that if they are no longer able to maintain this truck as described, they will allow it to be placed in a County museum, station or place of protection as designated by the Board. Should this be necessary, the Board agrees that the 1932 Seagrave will continue to be owned and preserved by the County as it is now by Mt. Pleasant. This truck is very special to Roanoke County and to the Mt. Pleasant volunteers. They have affectionately named it the Gene Wagner fire truck in honor of his restoring it. This vehicle has been owned by Roanoke County for 71 years. It is with pleasure that I recommend this action to you. Coln Gee, Volunteer Fire Chief of Mt. Pleasant Fire Department and his father, Jack Gee, also a retired volunteer and others will be present to accept this resolution. The Mt. Pleasant tation was formed in 'q~} 4s3x~rand Bobby Scruggs, the remaining Charter Member has been invited to att nd also. Thank you for your support of this request. ~H: ~ ~ ~. Note: Mike, does this seem ok to you and would you like to make any changes? 1 Elmer Hodge Roanoke County Administrator 540-772-2004 Diane Childers -Agenda item for 1932 firetruck __ 3 - .~ ._ ~• CC: Altizer, Mike; Mahoney, Paul Page 2 I -..., High school football player tackles robbery suspect ck heat Carriers wanted! ~~~~~~ , . #FiE~iKd~?a N~UdS @lPUATE~ ~2eF~lays 6y 4 p.ro_ Page 1 of 2 Gs~ osnttn~e be~"ore }~~- dine. F'1'7DrtYS lAitC~1l~ ~Ii~iiYSTiPS SUBSCE ~IID1lEii1't5~ CC1MT~4CTlP5 Tuesday, January 07, 2003 'I was scared the whole time that he was going to turn around and shoot me,' 16-year-old says High school football player tackles robbery suspect Aaron Conner thought the man was joking until he pulled a stocking cap over his face and took a fistful of cash. By l:lAURF..;NC;F..; IIAMM:ACK THE ROANOKE TIMES If police reports were stat sheets, Aaron Conner ~,~~~ This would be credited for arobbery-saving tackle. g~a ~~ _ ~~ a_ ~r~er~d_ , Conner, a football standout at William Byrd High School, helped break up a robbery at a Roanoke restaurant by chasing down the suspect and tackling him on a nearby side street. Conner was waiting for a table with his parents and sister Saturday night at the Western Sizzlin on Orange Avenue when he noticed something strange. A large man pulled a stocking cap over this face and headed for the cash register. "I thought it was just a joke or something," the 16-year-old said. Then he saw the man take a fistful of cash from the clerk and run out the door. When a woman who worked at the restaurant went after the robber, Conner decided to get involved. "I was like, man, she's going to get hurt," he said Monday. Conner, who recently was named to the Timesland list of "sizzlin' sophomores," didn't have any problems catching the man. Conner excels at running back, but found his linebacker skills handy in making the tackle. He likened it to atouchdown-saving tackle from behind. But Conner had more to worry about than Mockers. "I was scared the whole time that he was going to turn around and shoot me," he said. Although the man was unarmed, Conner had no way of knowing that. Conner said two restaurant employees helped him hold the man down until police arrived. http://www.roanoke.com/roatimes/news/story 142515.htm1 1 /7/2003 High school football player tackles robbery suspect Page 2 of 2 Jay Lee Thorne, 36,~ of Roanoke County was arrested at the scene and charged with robbery and wearing a mask, police spokeswoman Shelly Alley said. Thorne was being held without bond Monday in the Roanoke City Jail. Western Sizzlin officials, who treated Conner and his family to a free meal Saturday night, declined to comment, referring questions to police. Restaurant employees Lisa Fewox, Bonnie Lee and Ray Harper were credited with helping in the capture. At school Monday, people were calling Conner a hero. He's not so sure. "In a way," he said. "But in a way it was kind of dumb for me to go after him, in case he did have a gun." Conner has already heard from his football coach. "He told me that tackle doesn't count," Conner said. "He said I needed to make my tackles during the regular season." S ~nd I'is st~~ ~ tt~ a fri nd. Click here for today's headlines Click here for the past seven day's headlines Let any elected or appointed official know what you think and how you feel by CLICKING HERE. http://www.roanoke.com/roatimes/news/story142515.htm1 1/7/2003 Diane Childers -Agenda Page 1 From: Diane Childers To: Joe Obenshain Subject: Agenda Joe, Following are the agenda items for which I will need a resolution from your office: 1. Resolution authorizing the County Administrator to enact policies and procedures to comply with the Health Insurance Portability and Privacy Act (HIPAA). (Paul Mahoney, County Attorney; Dan O'Donnell, Assistant County Administrator) 2. Resolution designating the Mt. Pleasant Fire Department as legal custodian of Roanoke County's #1 Fire Truck, a 1932 Seagrave, which was designated as historical equipment in 1997. Also, there are two items scheduled for public hearings which will need ordinances: 1. Second reading of ordinance to obtain a special use permit to construct a religious assembly facility on 3.28 acres located at 7300 Williamson Road, Hollins Magisterial District, upon the petition of Sovereign Grace Community Church. (Janet Scheid, Chief Planner) 2. Second reading of ordinance to rezone 22.743 acres from AR Agricultural Residential District to R-1 Low Density Residential District for development of single family housing located at Virginia Secondary Route 688 (Cotton Hill Road) and Raintree Road, Cave Spring Magisterial District, upon the petition of Cotton Hill Land Company, LC. (Janet Scheid, Chief Planner) If you have any questions, feel free to contact me. Diane S. Childers Clerk to the Board County of Roanoke E-mail: dchilders@co.roanoke.va.us Phone: (540) 772-2003 Fax: (540) 772-2193 CC: Sue Bane; Vicki Walker From: Brenda Holton To: SUSAN G. WATSON Date: 12/9/02 4:39PM Subject: Re: Recognition of Pat Carr Susan, thanks very much. I received the copy and will get with Pat in January on her recognition. Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors E-mail: bholton@co.roanoke.va.us. Phone: (540) 772-2005 Fax: (540) 772-2193 »> "SUSAN G. WATSON" <swatson@res.k12.va.us> 12/09/02 02:53PM »> I spoke with Pat and will fax you a copy of her information. CC: Diane Childers ~~?>~03 ~~ ~' ~ ~,u~ ~~ ~ ,~z~ ~ ~~ti ~.~.,~.~ 1210°/2002 16:06 ROANOKE COUNTY SCHOOLS ~ 97722193 N0.419 D01 2 fi 1 O3 4oaNty ~°*~ ~~ e ~, r ~°4r g 5937 Covc Road Roanoke, Virginia 24x19 o .,. e>ovv ~ ~ ~ 0.1/-4mo14 k1~L~~ DATE ~o~ - ~` ~`"Q FAX # 7 % ~ ~ ~ / 9 FROM ~~' FAQ # ~~o aZ- 3~ /~ # OF PAGES TO FOLLOW cexccwrNO cavErt rncis~ COMMENTS. ~ ~ 1210°i2002 16:06 ROANOKE COUNTY SCHOOLS ~ 97722193 .. { ~~ ,. , `Printed by: PATRICtA T CARR Tuesday, November 19, 2002 6:08:29 PM Idle: Re: Information far neMref9iter Page 1 of 2 Mvn~t, November 18, 2002 2:22:54 PM Message N0.419 D02 ~~ ~~/ ~~~ From: ~ PATRICIA T. CARR Subject: Re: infwrnation for newsletter I stave been teaching 32 years in Roanoke Courriy Schools. The first 5 were in elerYterrtary art and ever since I've been fiats at CSHS. While t~ching elementary, t taught in 20 drfierent sd~ools =the fir~i year I~ taught, I had to cover students in grades 3-7 in 9 diltenent sd~rools {l Only gad around my no4atlon orroe every 3 weeks). I was one of Qnly 2 elementary art teachers in Roanoke Cswnty at the time. Eventualy 7 slam aR teachers were hired ~ the 5th year and I only had 5 schools that 1891 yeaN'! But, In. an effort to balance the budget, they elirnirtated the elementary art program and the 5 of us had to move to middle or secondary or to another system. Hence, 1 came to CSHS1 By the time school had started in August, they "found" the furxts and reinstarted the program. when they asked me to ga back to elementary - I said no way - I'm staying in a position with more security. (Flernentary art, music, guidance and PE are not funded on the Iocal level by the state ~ s4 these programs wiR always be vunerable.) When I same to CS, t knew 1 would be the ari teacher that had to teach Painting. Knowing that i vwuld need to brush up an my painting skills, I took a curse with Katherine Chang uu. SFre actually taught the WA extension course dgM herein my art naom at CSHS. Katherine isnow aworld-renowned order Hving in Callfomia. C3ther WA courses irtcltxt+ad Vert Dickerson and Joan Henley and Emest Johnson =all wonderful artists and teachers. I was hooked on patnttngl Wsitervplpr medium seemed to fit my wait habits and li#e style the best =working at home late at night and having so many other art education tasks kept me busy all the tune. So being able to stop and start quickly and easily without messy Geanup was very appealing. I began to paint and exhibit my vuprk at every opportunity'and Continue to do ao. I enter about 30 shows, contest and exhibits annually, some are one~persOn shows, some are wtt~iooi'teitt exhibitslsales, some are juried exhibits, and same ens group exhibits. About 12 years ago, I got up enough nerve to eater the Virginia Watercolor Society juried exhibition. After being accepted in that show, my confidence t~oosted, and I ventured into other states and galleries. I've own more than 90 awards and have had works shown ih exhltrits in Colorado, Florida, North Carolina, South Candina, Maryland, West Virginia, Pennsylvania, L,ouisena, VYrsoonsin, Missouri, and Roland in national and irrtemattonal cvmpeti6ons. IYe had several 9egt in Shaw Awards and am currently a Signature Member df the VWS and BWS. I paint approximately 50 warics a ye$r so that ! have a large inventory for al! the exhibits and sales that I enter. FCeeping up with inventory, matting, framing, slipping, entry deadlines. pick up dates, sales, and applications is extr+ememly time eonsprning and part of the profession that takes away from my creativetime =but it has to be dohs. (1Msh I had a sea~atarY!) 1 love teaching! Being with art students is very inspiring - I team fran them evaryday- Keeping up wltll new techniques, solving problsrns, challenging them oath' tnnavative ideas. watching students find themselves, helping them to reach neW heaghtS ~ going abotie their 12i09~2002 16:06 ROANOKE COUNTY SCHOOLS ~ 97722193 ~ ~ r `,Printed by: PATRICIA T GARR ' . Tuesday IVovernl~vr 19, 2002 8:08:29 PIVo Title: tte: irrfot~atlon fo. rrevusl6tter Paget of Z expectations -this is what it's all about. We have Incredible art students here at C8- They have i~d good art instn,ctors in elementary and middle schools in the CS. area and are eager to build their art portfolios when they dome here. For marry of our students, ar't is a cdiege and career focus. And for others, the art experience they have at CS is merely a creative .. "outleC'. It's so important that we educate bath sides of the brain = acrd a visas) or performing '~ ~ arts Bass trains students to work with their right brain -seldom used. in some of our academic ,' ~. ~ ~` "~ ooul''8v9:' In some of our Courses, having all Ic~rals of student ability Is "intral~5ting" -but usually it Wor1cS out that everXone learns togeb'rer.. Qur advanced class have students that '~'wotlcing on a ootl®gs levol-for quality and quantity of wr~rks to create a ~portfolia.body of f have been an officer In the SW Regiq~fa orlon the State levet of the Virginia Art Education .. Association for most of the (21sT 20 years. Advocating good art erlucatlon fir our children Is:. r;`' orre of my primary teaching goals. With it's membership at almost 900, the VAEA is the 3rd largest state art education afflliate in the country. In the past, I have been ~chosan as the "Southwest Region Secondary Art Teacher of th9 Year" twice, and as "1/irginia's Secondary Art Teacher of the Year" once. This current award, "Virginia's Art Educ~ltor of the Year' has only been given to a classroom art teacher once in tt's history.=usually going to a1 cd4ege N0.419 D03 ~ ' :`~ professor or a school system art superyisor qr a museum art director prvMtiomaver; And this ~ ~ `S award has never been won by anyone-west of Richmond, until now! I guess, that's ~t,y'I fives S ~ ~ ~`'~' so ovenMrelmed when they celled my Warne out at the n3oerrt VAEA Annual Coraferenoe~= ~. .~ ~,~ what a big surpriserlf I have had gnaat mentors. prlrrcipalls, calteagues, aqd studejrt~ ~ f wouldn't be who I am without those relationsihps. Leadership does not exist with erne pereanr ~ ~~~ The marry "ham' that 1 wear all contribute to me being a utter t~cher. For me this is NOT' a ~"~' MoD - it is a ~piofession ~ a career that I try to perfect every day bec2luse I pra.ctioe what 1 teach. ~ . ~ I Pat Carr, Art teacher, trSHS ~ ,~ ,. , •~;. f,~' From: Brenda Holton To: swatson@res.k12.va.us Date: 12/9/02 9:28AM Subject: Recognition of Pat Carr Susan, I talked with Pat Carr and she will be unable to attend the Dec 17 BOS meeting to be recognized as Art Educator of the Year by the VAEA. She would like to come Jan 28 at 7 p.m. Can you email or fax (772-2193) the information about this award so that we can prepare the recognition and have in the file for Jan 28th? Thanks, Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors E-mail: bholton@co.roanoke.va.us. Phone: (540) 772-2005 Fax: (540) 772-2193 CC: Diane Childers December 9, 2002 Talked with Pat Carr and she will be unable to attend the Dec 17 Board meeting for recognition. CSHS is having Christmas Party. She would like to come Jan 28 at 7 pm. We are to call her Jan 20 and confirm. Number at CSHS is 772-7550. called Susan Watson, Coordinator of Fine Arts, and she was to get email me some information. I have not heard from her but I will email her with new date for recognition. 1. Recognition of Pat Carr, Cave Spring High School, for being named Art Educator or the Year for Virginia by the Virginia Art Education Association. - - -- _- - - Diane Childers -reports Page 1 From: "BRENDA F. CHASTAIN" <bchastain@res.k12.va.us> To: <dchilders@co.roanoke.va.us> Date: 11/22/02 3:47PM Subject: reports Attached are three board reports .................2 are for Dec. 3 and 1 is for Dec. 17. FYI - Our board recognized Dr. Jane James for being named the 2002 Region VI Educational Technology Leadership award. It also recognized Virginia Art Education Association Conference winners: Pat Carr - CSHS, Art Educator of the Year for Virginia Lazzelle Parker, CSMS, Middle School Art Teacher for the SW Region Sandi D'Allessandro, HVHS, Best in Show Pam Rose, GMS, Honorable Mention The contact person is Susan Watson, Coordinator of Fine Arts .3~ 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 ~~~. 3a~ Life may not be the party we hoped for, but while we are here we might as well dance. g(0. , -r~.,9~t~ a~n ~ ~. ~ec~~~~cros ~ ~`--' ROANOKE COUNTY ATTORNEY'S OFFICE Roanoke County Administration Center 5204 Bernard Drive, S.W. -Room 4:31 Roanoke, VA 24018-0798 Phone 772-2007 -Fax 772-2089 MEMORANDUM To: Board of Supervisors ,n(~ From: Paul M. Mahoney ~y\ ;._;~A c:i Date: January 22, 2003 ~~:~, Subject: Sovereign Grace Community Church - ,~ This memorandum is submitted to you within the range of the attorney-client privilege, and as such, is confidential. Further, it is exempt from disclosure as a public record under the provisions of the Virginia Freedom of Information Act, Section 2.2-3705.A.7 and 14 Item T-2 on your January 28, 2003, agenda includes a request for a special use permit to construct a religious assembly facility. The Planning Commission recommended approval of this SUP with the following condition: The Special Use Permit is valid as long as the church is a tenant at this location, and not a property owner. I do not believe that this condition could survive a legal challenge. Therefore, I recommend that the Board not include this condition if it decides to grant this SUP. Under the Federal Religious Land Use and Institutionalized Persons Act of 2000 "no government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution ... is in furtherance of a compelling governmental interest." In addition, this regulation must be the least restrictive means of furthering that compelling governmental interest. It is difficult to see how this condition satisfies the compelling governmental interest. Under the Roanoke County Zoning Ordinance conditions must have a reasonable relation to the zoning, they must be conformity with the Community Plan and it must be reasonable. It is questionable that this condition satisfies these requirements. Please call me if you have any questions concerning this recommendation. PMM/sb David Holladay Roanoke County Comrriunity%Schools Prevention Council "Fostering the Healthy Development of Roanoke County's Youth" Information Roanoke County Regional Prevention Community Coalitions In September 2001, the Roanoke County Community/School Prevention Council received a State Incentive Grant ($349,000) to be used over athree-year period to implement programs and increase community capacities that would enhance the healthy development of the youth of Roanoke County. Several initiatives such as the completion of the "Youth Risk Behavior Survey," "Partners For Kids," "Youth In Action," the "Underage Drinking Project" and "Regional Prevention Community Coalitions" are being implemented in Roanoke County. The formation of the five "Regional Prevention Community Coalitions" is one of the most important components of this prevention plan. The members of the coalitions need to have leadership capacity and the commitment to solving problems in their community that impede the healthy development of youth. The Community Coalition Coordinator will facilitate the meetings and provide materials and resources. Funding is available to support the efforts of the coalition. The initial meetings will be for two hours once a month. The coalition committees will set the future meeting schedule at the first meeting. The County Board of Supervisors and School Board Members are asked to contact one or two individuals in their districts to serve on the coalition. The coalition members must be representatives from the district they will serve and include individuals from the following sectors: Youth Parents Business Media Schools Youth-serving Organizations Law Enforcement Agencies Religious or Fraternal organizations Civic and Volunteer groups Healthcare Professionals Notify Diane Akers, Community Coalition Coordinator, by February 6, 2003, with your appointees' name, address and phone number at (540) 989-5030 or email her at: dianela~,ComBizSolutions.com . Thank you for your support and assistance. 5937 Cove Road, N.W. Roanoke, VA 24oi9 Roanoke County Community/3chools Prevention Council "Fostering the Healthy Development of Roanoke County's Youth" January 28, 2003 On behalf of the Roanoke County Community/Schools Prevention Council, we are writing to thank you for agreeing to participate on the Community Coalition for North County. An organizational meeting will be held on Monday, March 10, 2003 at 7:00 p.m. in the community room of the Hollins Public Library. The Community/Schools Prevention Council is comprised of parents, youth, community and business leaders, educators, and representatives from law enforcement, juvenile justice, social services and health care. The Partnership was formed in March 2001 with the goal of fostering the healthy development of Roanoke County's youth by: • Raising community awareness of and addressing the social, mental and health needs of our youth; • Implementing programs that foster responsible parenting skills; • Providing avenues for positive character development for youth; • Advocating for interagency collaboration by establishing a comprehensive prevention strategy; • Preventing substance abuse in the community. The meeting in March will begin the Council's focus of developing community coalitions throughout the County to discuss issues, develop strategies for action, advocate for change and apply for grant funds to implement neighborhood projects to support youth and families. We are pleased to be part of this project and encourage you to attend the organizational meeting on March 10. During this meeting you will learn more about the Council and how you can be involved with the Community Coalition. With your support, we can achieve our goal of fostering the healthy development of Roanoke County's youth. For more information, or if you cannot attend, please contact Delores Phillips, Prevention Council Coordinator, at 562-3900, ext. 202. We look forward to seeing you at the meeting. Sincerely, `~C' `"'.t C~ John Pendavis Marion G. Roark Jerry Canada Joseph B."Butch" Church Richard Flora Roanoke County Roanoke County Roanoke County Roanoke County Roanoke County CommunitylSchools School Board School Board Board of Supervisors Board of Supervisors Prevention Council 5937 Cove Road, N.W. Roanoke, VA 24019 Roanoke County Community%Schools Prevention Council "Fostering the Healthy Development of Roanoke County's Youth" January 28, 2003 On behalf of the Roanoke County Community/Schools Prevention Council, we are writing to thank you for agreeing to participate on the Cave Spring Community Coalition. An organizational meeting will be held on Monday, February 17, 2003 at 7:00 p.m. in the community room of the Public Library at 3131 Electric Roanoke S.W. The Community/Schools Prevention Council is comprised of parents, youth, community and business leaders, educators, and representatives from law enforcement, juvenile justice, social services and health care. The Partnership was formed in March 2001 with the goal of fostering the healthy development of Roanoke County's youth by: • Raising community awareness of and addressing the social, mental and health needs of our youth; • Implementing programs that foster responsible parenting skills; • Providing avenues for positive character development for youth; • Advocating for interagency collaboration by establishing a comprehensive prevention strategy; • Preventing substance abuse in the community. The meeting in February will begin the Council's focus of developing community coalitions throughout the County to discuss issues, develop strategies for action, advocate for change and apply for grant funds to implement neighborhood projects to support youth and families. We are pleased to be part of this project and encourage you to attend the organizational meeting on February 17. During this meeting you will learn more about the Council and how you can be involved with the Community Coalition. With your support, we can achieve our goal of fostering the healthy development of Roanoke County's youth. For more information, or if you cannot attend, please contact Delores Phillips, Prevention Council Coordinator, at 562- 3900, ext. 202. We look forward to seeing you at the meeting. Sincerely, Debbie Harris Roanoke County Community/Schools Prevention Council William Irving Roanoke County School Board er,2 r C~. ~-° ~ ~~,4~` H. Odell "Fuzzy" Minnix Roanoke County Board of Supervisors 5937 Cove Road, N.W. Roanoke, VA 24oi9 Roanoke County Community/Schools Prevention Council "Fostering the Hea/thy Development of Roanoke County's Youth" January 28, 2003 On behalf of the Roanoke County Community/Schools Prevention Council, we are writing to thank you for agreeing to participate on the Community Coalition for the William Byrd attendance area. An organizational meeting will be held on Tuesday, February 18, 2003 at 7:00 p.m. in the community room of the Public Library in Vinton. The Community/Schools Prevention Council is comprised of parents, youth, community and business leaders, educators, and representatives from law enforcement, juvenile justice, social services and health care. The Partnership was formed in March 2001 with the goal of fostering the healthy development of Roanoke County's youth by: • Raising community awareness of and addressing the social, mental and health needs of our youth; • Implementing programs that foster responsible parenting skills; • Providing avenues for positive character development for youth; • Advocating for interagency collaboration by establishing a comprehensive prevention strategy; • Preventing substance abuse in the community. The meeting in February will begin the Council's focus of developing community coalitions throughout the County to discuss issues, develop strategies for action, advocate for change and apply for grant funds to implement neighborhood projects to support youth and families. We are pleased to be part of this project and encourage you to attend the organizational meeting on February 18. During this meeting you will learn more about the Council and how you can be involved with the Community Coalition. With your support, we can achieve our goal of fostering the healthy development of Roanoke County's youth. For more information, or if you cannot attend, please contact Delores Phillips, Prevention Council Coordinator, at 562-3900, ext. 202. We look forward to seeing you at the meeting. Sin erely, 1 Debbie Harris Mike Stovall Jerry Canada Michael W. Altizer Richard Flora Roanoke County Roanoke County Roanoke County Roanoke County Roanoke County Community/Schools School Board School Board Board of Supervisors Board of Supervisors Prevention Council 5937 Cove Road, N.W. Roanoke, VA 24oi9 ,. Roanoke County Community/Schools Prevention Council "Fostering the Healthy Development of Roanoke County's Youth" January 28, 2003 On behalf of the Roanoke County Community/Schools Prevention Council, we are writing to thank you for agreeing to participate on the Hidden Valley Community Coalition. An organizational meeting will be held on Monday, March 17, 2003 at 7:00 p.m. in the community room of the Public Library at 3131 Electric Roanoke S.W. The Community/Schools Prevention Council is comprised of parents, youth, community and business leaders, educators, and representatives from law enforcement, juvenile justice, social services and health care. The Partnership was formed in March 2001 with the goal of fostering the healthy development of Roanoke County's youth by: • Raising community awareness of and addressing the social, mental and health needs of our youth; • Implementing programs that foster responsible parenting skills; • Providing avenues for positive character development for youth; • Advocating for interagency collaboration by establishing a comprehensive prevention strategy; • Preventing substance abuse in the community. The meeting in March will begin the Council's focus of developing community coalitions throughout the County to discuss issues, develop strategies for action, advocate for change and apply for grant funds to implement neighborhood projects to support youth and families. We are pleased to be part of this project and encourage you to attend the organizational meeting on March 17. During this meeting you will learn more about the Council and how you can be involved with the Community Coalition. With your support, we can achieve our goal of fostering the healthy development of Roanoke County's youth. For more information, or if you cannot attend, please contact Delores Phillips, Prevention Council Coordinator, at 562-3900, ext. 202. We look forward to seeing you at the meeting. Sincerely, Debbie Harris Roanoke County Community/Schools Prevention Council C. Drew Barrineau Roanoke County School Board ~~ ~ ,- Joseph P. McNamara Roanoke County Board of Supervisors 5937 Cove Road, N.W. Roanoke, VA 24oi9 ,~ Roanoke County Community/Schools Prevention Council "Fostering the Healthy Development of Roanoke County's Youth" January 28, 2003 On behalf of the Roanoke County Community/Schools Prevention Council, we are writing to thank you for agreeing to participate on the Glenvar Community Coalition. An organizational meeting will be held on Tuesday, February 25, 2003 at 7:00 p.m. in the community room of the Glenvar Public Library. The Community/Schools Prevention Council is comprised of parents, youth, community and business leaders, educators, and representatives from law enforcement, juvenile justice, social services and health care. The Partnership was formed in March 2001 with the goal of fostering the healthy development of Roanoke County's youth by: • Raising community awareness of and addressing the social, mental and health needs of our youth; • Implementing programs that foster responsible parenting skills; • Providing avenues for positive character development for youth; • Advocating for interagency collaboration by establishing a comprehensive prevention strategy; • Preventing substance abuse in the community. The meeting in February will begin the Council's focus of developing community coalitions throughout the County to discuss issues, develop strategies for action, advocate for change and apply for grant funds to implement neighborhood projects to support youth and families. We are pleased to be part of this project and encourage you to attend the organizational meeting on February 25. During this meeting you will learn more about the Council and how you can be involved with the Community Coalition. With your support, we can achieve our goal of fostering the healthy development of Roanoke County's youth. For more information, or if you cannot attend, please contact Delores Phillips, Prevention Council Coordinator, at 562- 3900, ext. 202. We look forward to seeing you at the meeting. Sincerely, "'0" John Pendarvis Marion G. Roark Jerry Canada Joseph B. "Butch Church Roanoke County Roanoke County Roanoke County Roanoke County Community/Schools School Board School Board Board of Supervisors Prevention Council 5937 Cove Road, N.W. Roanoke, VA 24oi9 • '^,•' •ii1i• 1~W1Yq lVgf3190VW OWdB 3AY~ _ x 11M„ '»' M•`f ''y Ol "00 ONVI 111H NO1100 0 risioain woNroa a stQ uoi muraaw w sadNSt'id saoAdnanssaddsio~~ NVId J.FIVNIWII3l1d ~ d ~5~1 ~' I ASSN N34SW(ll ~ ' a2` ' ~aIHSdWdH "' Q ~~ 7 C !~ ~,~ i , ~ i i ~ ~ r~ ~,~ ~ i i "' . e~ +~ ~ i ~ i h O ^~ c` ~° / / i ~ ~ / / ~ ~ h/ ~ b h ~ / / ~ O ~ / ~ ~M H n N ~ / O / ~ / ~ ~ / N ~ N / / ~ N 01 ~ O ~ ~ ~ ~ O Y I h ` q q \ ~ N \ h ~ 'Y \ pp ~ ~ p ;G~ ~ e~gY ~ ~~~~\ rs~~ at~r \ `04 ~ ~ V ~~~ ~ ~~~' ~ ~ ~ \ ~ / ~ j + ~ ,' ~a`~ ~V ~ ~ ~ ~ ~ ~ .~'. 1 a y cr ~ i ? ~i a i i \ ~ ~ ;e Yr Z~; e ~~ror `5 ,~ , -----~ ~ ~. ' a ~ i ' ,SIN 2 ~ 2003 ~'. , s" ~ ~' PHILIP A. SHUCET COMMISSIONER January 24, 2003 Board of Supervisors County of Roanoke Post Office Box 29800 Roanoke, Virginia 24018 Dear Board Members: DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, VIRGINIA 23219-2000 gg, ~ :.,.. , ;>~W5' r L.~ ~~' Oi=i=iCE „ ~, i ~~~s ~~ ;~'; >-~ } , fi~ ~ , Changes in the Primary System made necessary by the relocation and construction on Route 221, Project: 0221-080-107, C-501 in Roanoke County were confirmed by the Commonwealth Transportation Board on January 16, 2003 as shown on the attached sketch and described as follows: SECTIONS ABANDONED AS PROVIDED UNDER § 33.1-148 OF THE 1950 CODE OF VIRGINIA: Section 1 thru 4 Old location of Route 221, located east and west of the new location, from Station 136+50 to Station 173+10 0.69 Mi. Sincerely, C. F. Sheets Transportation Engineer, Sr. CFS/mht Attachments VirginiaDOTorg WE KEEP VIRGINIA MOVING l 8NI A ®S V Y6 V Y ®1 V V V ~~~~~ ®~ ~~~ `3J1 ~6 V ~~ COMMONWEALTH TRANSPORTATION BOARD Post Office Box 1475 RICHMOND, VA 23218 WHITTINGTON W. CLEMENT CHAIRMAN A;endn item # 8 RESOLUTION OF THE COMMONWEALTH TRANSPORTATION BOARD January 16, 2003 MOTION Made By: Mr. Ware Seconded Bv: Mr. Bowie Action: Motion Carried Title:: Abandonment, change in the Primary System due to relocation and construction-Roanoke County -Route 221 WHEREAS, Route 221 in Roanoke County has been altered and reconstructed as shown on the plat for Project: 0221-080-107, C-501; and WHEREAS, four sections of the old road are no longer necessary as a public road, the new road serving the same citizens as the old; and BE IT FURTHER RESOLVED, that pursuant to Section 33.1-148 of the Code of Virginia of 1950, as amended, 0.69 mile of old Route 21,1, designated as Sections 1, 2, 3 and 4 on the plat dated August 25, 1994, Project: 0221-080-107, C-501 be abandoned as a part of the State Highway System. ### www.sotrans.state.va.us ,r- w ,. 0 .u 2 ~ a ~ ~ ~ ~ J C~ u rj '17 ~ ~~1 ~Q q ~ a b ~ 'O ~ ~ C -~ 1` i~ ~yy~ o C .5 ~ 'O O O y` Q ~ 1 I // ,, m ~ t~ .D •~ ~~ ~ v ~ o ~~ :~! H I ~ 0 `~ '~ ,9 ,n p p o$ a v C ~~ O O O ~ ~ O ~ C "' a v~ e~~'+ c~~+ •a 't7 O ~ ,`. ~~_ ~ ~ K 0 o V ~ ~ ~ 'D -D V c0 cavil 11 ~ ~' O ~ e odo ~ ~ LL °~ °~ y O -o ~` S a C ~ V] C C O ~ - N I J c~. c.. ~. w c.. c.. O w ~cn -- ~ ^- ~= 1 ~ ~, ~ O O O O O O O l- ~1 ~~ E o 0 0 o v o 0 0 ~ o Zt'y h '~ ~~ ~ U U v N u v ~ U Z ~ °" d v] cis v~ c% cis ~% v~ U v] r> ~ ~ a ~ 3 N - ~~FG( MC . ' I 11 l 'Y N ~ _f 00 y _ yy C ~ ~~~ ~ / -•~ . ~ 1 '~ \ Zo vZl d N 9 4 4 Vt w z ~ ~ e ~ { g v L ~ ~ I~ ` F / ~ o- ~~~ I Z ~1S 3bt11~.:i ~ ~ L ~„N I \ ,/~\~: ~ ti lHb 'ans _ ~o'6L~ 041 '1'd ~ - - ~'~L ~~4 'R3b 'jjo °l4'9L+OF.I 1'U~ --~~ ... it ~ C; ~h li ter`` ~'I ~~ ; i ~ ~' I`I a . ~yM. . ~= f--- - Q I~ 1 `'~ 07 N ~ I ~ ~ ~Z ~s\` . ~~ i ;~I a ~~. N M ~~`,~ l~~ ~ ~•, ~Q ~ ~ ~ ~ `~ tV I, ~`, rl / ~~ /,. II ' ' -~'" qq0 ra~ _ _ =; lam. ssss v a- q ~(o~~ ~ ~ c' ~ ~r ` ~bS pl sZ „ \~a G 1~ 4 Y a N ~ ~ ~ N O ~ ~ C •~ O O U LL o N -- c - ~ 3 ~ ~ 0 N w ~~~ ~ ~ ~ti ~ T .o .o ~~ a~ > ..., n "rn c ~ a~ a~°'~• ~n~nc a~ 14.t°av° 0 0 •~ ~ •> a ~ N C ~ f... os~~ N C N E w ~ U 7 a- ~ °D ~`~~ 0 c . v, y Roanoke Wildlife =~ Rescu e "i3'ivir~ YYildife A l9ecotd Chsnoel' 5931 Cotton Hill Road - Roanoke, VA 24018-6268 540.989.3798 Thursday, January 23, 2003 Roanoke County Board of Supervisors 5204 Bernard Drive Roanoke, Va. 24018 ATTN: Mr. H. Odell (Fuzry) Minnix Dear Mr. Minnix: This is yet another letter asking for the Board's wisdom regarding Cotton Hill Road. There are several items that I want to bring to your attention and some of them relate to the January 21St meeting held by Len Boone and Steve Strauss. As I am sure you are aware, that was to "inform" the Cotton Hill community of their building options. So here is where we will begin: Item My neighbors have been tactfully threatened by Drawing 2. It's the same position Ed Natt took with the planning commission. at the first meeting, it was just more subtle. I refer to the "driveways" on Cotton Hill Road, Raintree and Sylvan Brook Roads. A very select group of my neighbors who live on Sylvan Brook took the more common American Defeatist Attitude and asked for concessions (Proffers) with the suggested re-zoning of Drawing 3. I hate bullies and people who reach their aspirations through manipulation and deceit. So let's took at what's going on in these two examples. • Drawing 2 is an illustration of what "could" happen if the re-zoning does not take place. This is the "numerous driveway" scare tactic. 1. The topography of the land to be developed on Cotton Hill Road leading up to the "entrance" of the new subdivision does not lend it's self gracefully to housing with driveways. I don't doubt that Boone & Strauss can build something and sell it; but I have reservations with this theory that I will pursue later in this letter; Mr. Minnix Cotton Hill Road Page 2 2. And doesn't the Board of Supervisors have the power to say "No' to more individual driveways on this brief stretch of road? Can't you protect the integrity of what little bit of unspoiled land we have left? 3. Driveways on Raintree are "ify" depending upon whether or not the Dept. of Interior will allow these developers to put driveways on Federal property. My mom and I both have property which borders the parkway and their restrictions have been very limiting in the past. 4. Sylvan Brook has numerous concerns that warrant attention, and the threat of additional homes and driveways onto this very limited roadway is an issue that should be looked at. It was at this point, however, that the group from Cotton Hill Road began to drift apart and proffers were discussed as we digressed to Plan 3 - which is just where we were supposed to be led. The plan worked just like the developers wanted it too. In summary of this "numerous driveway's" approach, I understand the tactic but do not agree with the resolution. The housing density of this secondary road -which may or may not be improved upon within the next six years - is already out of control. Any land that is currently zoned as A/R should remain A/R until the road conditions have been addressed and corrected for the safety of the residents that use Cotton Hill on a daily -and even hourly - basis. Until the road can safely support urban sprawl, this area of Roanoke County should be closely watched by the Board of Supervisors to assure the safety of the residents who are already here. ITEM 2 My husband, David, went back to the Virginia Department of Highways office this morning to gather additional information about the status of planned road improvements to our area at this point in time. He as advised as follows: • Cotton Hill Road is still on the six-year plan. However, the process to achieve these road improvements depends on State and County funds, and with Virginia's current economic condition, there can be no guarantees. • Sight Distance is usually based on the visibility from an entrance or exit in either direction and based on visual acuity of the lay of the land, regardless of who owns it. However, on a rural road such as ours, this .rule may not apply. On my land, I may decide to put in a row of deciduous trees that may block the sight of traffic coming out of the new proposed development. The sight distance would become greatly compromised; therefore, Mr. Strauss may need to consider putting his "entrance" at a more suitable location where his property totally protects the `sight distance' issue. • Widening the road to accommodate the needs of the many residents is not a clear cut issue. Parkway property begins below my driveway at 5931 Cotton Hill Road. From that point to the 3 A SBOOItf~ CF18nceI" underpass, the Federal Government calls the shots on road improvements. We requested some time ago that we be allowed to lower the bank at our driveway entrance so that we could have better visibility for cars leaving the driveway and entering Cotton Hill Road. We were told, DEFINITELY NOT! This road issue does not appear to me to be one that we can make general assumptions about. And the residents of my particular area of Cotton Hill road and always perceived the Parkway as an added safety buffer to our desire for country living. The Department of Interior has not been impressed with the Strauss/Boone develop- ments to date, and I don't see them dancing to a different drummer just because these developers are used to getting their way. The reality of the situation here is that the developers only care about building too many houses on any given amount of property and have absolutely no regard for (1) whether the current road conditions can safely accommodate their plans; (2) whether the density of the housing compliments the area rather than making it look like a trailer park; (3) whether the long time residents of that area who value the privacy of their county living become caught up in the jumble of houses that encumber the charm and comfortable setting we have tried to guard so closely; (7) the mess they leave behind as they move on to other areas to cause they same mass destruction. (8) the cost to the County for the additional fire and rescue, police, garbage collection, and numerous other services that must be provided as the county budget tightens it's belt. ITEM 3 Mr. Boone indicated at the meeting of January 21St that they once again plan to ask you to send the "new" plan back to the Planning Commission for their blessing before having a public hearing with the Board of Supervisors. More time wasted, once again. He wants the Board of Supervisors to accommodate the developer rather than the community. He wants to further inconvenience an already hostile group of voters by seeking favoritism rather than face the music of a public hearing. His plan to win is built on deception, manipulation and wearing down his opposition. We don't want our neighborhood so drastically changed. 1 believe you were the supervisor who said "We have to draw the line somewhere and we might as well start here." Well, I'm asking you to begin here with a clear voice to the rest of the County of Roanoke and all of the developers out there who have this attitude. We need controls in place to protect the citizens of Roanoke County. count on our representatives to look out for our interests and make the right decisions. We Putting Cotton Hill Road into a larger population explosion than it already has endured is throwing caution to the wind and disregard to the p4ablic safety of the residents of this area. "Oivk-g V1Nldife A 8eoond Chancel" Minnix Cotton Hill Road Page 4 This development will put me out of business. We do not have the financial means to provide the privacy and security required to continue to run our wildlife shelter which will almost be encased in a housing development. The future looks very grim. My neighbors have been very supportive in the work we do here, and I am told that it was suggested that Mr. Strauss provide the fencing required to retain our USDA permit. It seems to be that any favor comes with some long strings attached -and this string says that I am agreeable to re-zoning this area. Don't be mislead. 1 DO NOT want re-zoning. Please consider the responsible limitations that A/R zoning maintains in Roanoke County. Most sin erely ours, ~' oro , y a io ~ ~~G~~-'fi't"'- Executive Di F ctor Land Owner & Resident of Roanoke County p.s. Can you have the minutes from the meeting of the 21St available at the Board Meeting for clarification. ~ A second Chance[" ~ -t ~., I / // ~r4_ ~. z ~ag ~aiw~s~sk h ~ p v`~..++~er. }b~fi sG e`. ~~ .NV~d J.adNIVW"l3Nd ,e .~ s } ~~ ~ ~~ ~=~i rho _ !\ ~ ~/// J I V:l WAY t •"~~"""' W! lBlYd~ld . ~~itHSdW~fH ~ ~~~ , ~~ , \~ \ \ \\ ]~ ~ * g: ~ / ~ ~~~4 , A ~ ~`€qY / // o ~~~ '' ~' / /I ~ / ~ / ~ / / J :. d , ~( , Fy~~~,r w •;y`:. ~'.. ~ r ~/ e ~r_ ~%~+_ ~ _ r 1 w~,`•~f •~~ . ~:~.r..X','cn. .T t `~', , W.~ . 5 ` e `'~'sa•. t t '~'_ e ~ ~ ~ ~ ~~ ~~ e ~~~ ` n ~ ~ _ 10 .}~~, ' `~ ~ b °f' ~ m " f a ~ 1, "a ~ ,\ ~i ~ ~ ` f rr N ~ ~~ ~~ c~ ~ N ' ~~ ~ ~ ~ /_~~_^~ ~ ~i ~ / 1 0 h ~ Q ~ i ~ j~ , 1 %/ // w / i ,// /~ ~ \~ uGYY \ ~ 3~gq W 7 Z Z_ 33' O J~"' Z x P Z „~.,~,y, ac,u _________._,_ ~ ' • ~l "O~ 4Ntl'1 lBH Nv11uu vINIJyu'~IONYON •~ NVId AaVNIWfl3tid "'d`~"~1d ,~~~ ~aiHSd~~t~ ~~ '~'d'S3.lyl~ x~aswn~ ~~ z _ ~----- ~. ~ r =--- ~_: ~~ ,, .} ~ ~' ~ ~"~Q ~ gar ~ ~ , o ,~' ~ .~I~,}r. S'.~ `~'~ 5~' h rE v ";~:~:. ro ~ 2 ,. ^ ~ ~~; p 'F'i ff ~ '~' ~;- '. f_.{~s ''F.h°.`.~~~ fi ax~o~ ~ Sy °i ~ ~h h? N 4 ,X~r~~? ao ~ ~ N p q ~ ~ V ~ ~,` ` f N ~ ~ i a~~ ~ w et.~ 7 ^: ~ '~ ~~§~ l H ~} y5 y ,'~ N K `t~, ~ ~X ? fj~ ~~„ '~.~J M .' X.fI ~~ y:~n,.H~yC ..IHE _ {' 1 y ~3 pT~ p+.. .d -r -.:-F . ~ ,5. r.7 :H ..., ~.~. N ~\ .. ~~ / \ 1 Z w i ~~ ~. ~_ ° ~ ~ 3 m~. m. a °`~ ~~y ~~ ~~ ~ ~ ~`~Y ° .~ ~ \ ``' ~ ~d. \ ~ ~a's i - \ }yc~yt Ce ~a e .^b ~ ' 'ttip ~~~K JKary 9K. ~feCvestine 5909 ~jaintree Q~joad Q~,oanoke, ~V.A 24018 January 23, 2003 Mr. H. Odell (Fuzzy) Minnix Roanoke County Board of Supervisors 5204 Bernard Drive Roanoke, Va. 24018 RE: Continued Development on Cotton Hill Road Dear Mr. Minnix: My property boarders the land that Strauss & Boone have plans to develop. My residence is at the intersection of Cotton Hill Road and Raintree Road. We moved into our home in October of 1957. And like everyone else in this neighborhood, I have grave concerns. This land was family property that my husband insisted on disposing of. While other members of my family supported my wishes to keep all of the property in tact, he recklessly made a deal with a local developer, Steve Strauss. was powerless then because the land belonged to his family and I had no legal rights in the decision making. And I feel powerless now because my wonderful rural neighborhood is quickly being destroyed by urban development that we don't want or even need. don't wish to waste your time so 1 will get right to the point. My daughter and son-in-law, Dorothy and David Bunion, live in the house next door. Dorothy has attended all of the meetings pertaining to this matter and she shared information with me following the Boone/Strauss meeting held on Tuesday, January 21. Through this letter, I want to share my thoughts with you. Copies are enclosed of the three plans that were presented. I am asking you to please consider leaving this property with an A/R zoning. Plan #2 reflects what Mr. Boone claims would happen if they don't get their re-zoning. It is the only choice that offers any population control. Just look across the street!! The houses are `bumper to bumper'. It's not a well planned community -it's an explosion of houses that do not reflect the flow of the countryside or even faintly suggest acountry/county landscape. Please vote NO to re-zoning. These developers are totally out of control and the Board of Supervisors must put them in their place. I hope that you will share my frustration with the other members and express how destructive this type of continued development is to our wonderful county. '~ Sincerely, =, ~ ~ (_. ~ ~~,~.~,°-~-,~~-%~-k~ ~;~~ ," ~iLt,'~ O O c z m z C d 7~ / - ~_ _~ ^L .~i " Z Z :~ 8~~a RT RA;a i i ~@R` ..' / N ~~ ° a~~°r ~ A~ ~~ C m d Eg~E ~d.,v Ts YIR- , ~''~11. m V 1 66 / w 1 1 '' ' A f ~ ' ~ ~ W ~ / °§ fi V OD 1 ~ ~~~tr p W N 1 ~ m A i s Q O W N O N ~ N N r N m V W c° w o~ :. ~ o' '' ~A e ~ 1 A m ~~~~~ , ~~ a~~~ R V . ~ /. ,. ~~R ~ 1 ~~ ~ ~ ~' -~- ~ ~~C a, ;-~g ~ _ ~ ~$~ ~ ~ ~ `~ HAMPSHIRE LUMSDEN ASSOCIATES, P.C. m ~ ENGINEEILS-SURYEYORS-PLANNERS "~ ~'~ rn~~Fan .PRELIMINARY PLAN ROANOKE,YIRGINIA COTTON H~L LAND CO., LC 0 ~ n c~vE agora waetsw. oismcr o"' °P"'"°1A1b'""""'E ~~ ~;;, r,~+ ~ m ~ m~xa~cat+ri vr+a~u _ o_oo.~,~.o ,,,'~„'•"-°'" ~ ~~ C ?e~~ 1 \ ~r{VT 1 ~1 ~ ~ i i n ~ °• g ~ V /~o~ 1 ~ q ~ ~ i i i ~ 1 ~' ~_ i ~ N V CO b w _ i O O w a V _ ~ ~~ ~ i a I W F n?~o qy ~ ° / / ~_ E l R ~3 i d>j~~ =€Qti x N N 1111 a~~s a Aw. V ~ u. w I I $ • 11 r m a A 1 1 ~ ~ Z 1 11 N 1', 1 c w ~~1 N al ` m N ~ 1 1 11 01 w ~ 1 1 N 0 a of _ Z. 1 11..1 ~1 a ~ 1 ~ c 1 ~ V I v W I a w ~' ' ~ ~ I I r - ` l w `~° ro co ~I / L ~ 1 a `~ o .S{` % / 1~ ~ ~ ~~ ~ , m ~~ ~ ~~~ ~ ~~ 4 V~ ~l / / aR~`p , ~~..~ W ~ ~.j/. j 1 1 m . »~= ~Jji ~ ~ \1\ \~ \ 1 ~ ~ r~i~ '~< ~\ /~ ~ ~~ ~ ~„ ~, 61~ // / ~ / ~ / / ~ ~/ /~ i, r ~~~~ ~~ ~~~~~~ ~R~ ~~~ g fi 6 a' R ~ s ` i » ~ ~ n _ ,~ _ ~. LUMSDEN ASSOCIATES, P.C. HAMPSHIRE ENGINEERS-SURYEYORS-PLANNERS ja ~~FOn PRELIMINARY ROANOKE.YIRGINIA COTTON FIRL IANO CO., LC. PLAN' o r -. .wee~.ene*~e~ue e„o,E:~:,wn.«,~ $ _. _ me awins7ws T. ~ NOMIptFYNfiu Pa.v~ieL n zwie t+.w~rai~ltY.afoeKmN w w N 0 w V w m w ~~ i /, 'LAW OFFIOES OSTERHOUDT, PRILLAMAN, MATT, HELSCHER, YOST, MAXWELL & FERGUSON, PLC Edward A. Natt Please reply to: P. O. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8180 Fax: (540) 772-0126 E-mail: enatt@opnlaw.com 3912 ELEGTRIG };OAD, S.W. P. ~. BOX 20487 ROANOKE, `VIRGINIA 240 18 - 0049 (540) 989-0000 FAx (540) 772-o12e January 27, 2003 The Honorable Chairman and Members Board of Supervisors Co;:nty of Roanoke P. 0. Box 29800 Roanoke, VA 24018 Re: Rezoning Request of Cotton Hill Land Company (Virginia Secondary Route 688 / Raintree Road) Dear Chairman and Members: ~..-. a- ~ ~,;~ ~~ ~, 'i=, _ , , ~~.~.,- L..2 ti ~~1~YI ~3 ~/~~r~lf\~.~ ,~ U11=FICE SALEM, `'IRGINIA 24153 F. n. s~X 2~B 105 N. CiOLOHADO STHEET (S 40) 380-2348 Fwx (540) 388-8580 Enclosed is a revised set of proffers for the above rezoning scheduled before the Board on Tuesday evening. These proffers were developed after Mr. Boone and Mr. Strauss met with the neighbors at a community meeting last week. Respectfully submitted, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P~...odn~ EANlcsb Enclosure pc: Mr. Len Boone Edward A. Natt VIA FACSIMILE: 989-1739 Mr. Steve Strauss VIA FACSIMILE: 989-7062 PROFFERS Address of Subject Property: Situate along Virginia Secondary Route 688 and Raintree Road, Cave Spring Magisterial District, Roanoke County, Virginia Tax Map No.: 096.02-01-33 Applicant/Owner's Name: Cotton Hill Land Company, L.C. PROFFERS ~= 3 The undersigned applicant/owner does hereby proffer the following conditions in conjunction with the rezoning request: 1. Development of the property will be limited to forty-four (44) lots in ~c~ substantial conformity with the plan entitled "Hampshire Prepared for Cotton Hill Land ~~'~ Co., LC" by Lumsden Associates, P.C. under date of January 8, 2003, entitled "Layout With New Proffers For Revised Rezoning Request;" provided, however, that should VDOT require the entrance to be relocated, the internal street pattern may be adjusted to provide for forty-four (44) lots. ,/2. Other than as necessary for the installation of the road system within the . property, the installation of utilities, storm drainage and detention basins required by the ,~ ,~,~ ° appropriate governmental officials for development of the property, and the clearing and grading for the proper use of the building sites on the lots, no trees will be removed. ~3. Developer will cause to be recorded among the land records of Roanoke County covenants which prohibit future owners of any lots from removing any tree that measures 3 inches or greater in diameter at a height of 4 feet above the ground as long ~e~', as said tree is healthy. Said covenants shall further include provisions establishing an Architectural Review Committee which shall be charged with the responsibility of reviewing requests of future owners to change the existing landscaping and grounds on any lot once the lot has been developed and have a home constructed on that lot. Said Architectural Review Committee shall prohibit the removal of any trees 3 inches or greater in diameter at a height of 4 feet above the ground unless the removal of such tree is in the interest of safety as determined by the Architectural Review Committee. ~ye~~ ~. No driveways for lots will be permitted on Cotton Hill Road, Raintree Road ~~ or Sylvan Road. 5. The property will be accessed by a single entrance from Cotton Hill Road at a location to be approved by VDOT. \\JOLLY\SYS\USERS\CBaumgardner\ZONING\Cotton Hill Land PROFFERS.doc ~~ ~". Developer agrees to dedicate to VDOT the parts of the property that are between Cotton Hill Road and the existing gas line easement except such dedicated area shall not include any land that would make any point of any abutting developed lot less than 120 feet in depth. 7. Designated areas along Raintree and Sylvan Roads, as shown on the plan, shall be left in their natural, undisturbed state. ~. A water line easement shall be provided through the property to Sylvan Road. The Developer shall install a water line within said easement and place a fire hydrant at Sylvan Brook Road. ~. Developer shall install a 6-foot wood fence at the rear of Lots 2 through 6 as shown on the Development Plan. LAND COMPANY, L.C. BY \\JOLLY\SYS\USERS\CBaumgardner\ZONING\Cotton Hill Land PROFFERS.doc t .. • LAW OFFICES OSTERHOUDT, PRILLAMAN, MATT, HELSCHER, POST, MAXWELL & FERGUSON, PLC Edward A. Natt Please reply to: P. O. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8180 Fax: (540) 772-0126 E-mail: enatt@opnlaw.com 3912 ELECTRIC ROAD, S.W. P. O. BOX 20487 ROANOIiE, VIRGINIA 240 18 - 0049 (540) 989-0000 FAX (540) 772-0128 January 27, 2003 The Honorable Chairman and Members Board of Supervisors County of Roanoke P. O. Box 29800 Roanoke, VA 24018 Re: Rezoning Request of Cotton Hill Land Company (Virginia Secondary Route 688 / Raintree Road) Dear Chairman and Members: i~ - L~i~ "~i~r~~ .~ ~,~ -k~:ib ~ J~"'M C~ c~~r;~c.s „a.,. UFFiCE ~§ f #~:ti ~- 6~ fix. ~i aft .e SALEM, VIRGINIA 24153 H O. Box 279 103 N. COLORADO STREET (540) 388-2348 FAX (540) 380-9560 Enclosed is a revised set of proffers for the above rezoning scheduled before the Board on Tuesday evening. These proffers were developed after Mr. Boone and Mr. Strauss met with the neighbors at a community meeting last week. Respectfully submitted, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FER-G-USON, P.L.C. Ctl ~~ %~ Edward A. Natt EAN/csb Enclosure pc: Mr. Len Boone Mr. Steve Strauss VIA FACSIMILE: 989-1739 VIA FACSIMILE: 989-7062 f ,~ PROFFERS Address of Subject Property: Situate along Virginia Secondary Route 688 and Raintree Road, Cave Spring Magisterial District, Roanoke County, Virginia Tax Map No.: 096.02-01-33 Applicant/Owner's Name: Cotton Hill Land Company, L.C. PROFFERS The undersigned applicant/owner does hereby proffer the following conditions in conjunction with the rezoning request: 1. Development of the property will be limited to forty-four (44) lots in substantial conformity with the plan entitled "Hampshire Prepared for Cotton Hill Land Co., LC" by Lumsden Associates, P.C. under date of January 8, 2003, entitled "Layout With New Proffers For Revised Rezoning Request;" provided, however, that should VDOT require the entrance to be relocated, the internal street pattern may be adjusted to provide for forty-four (44) lots. 2. Other than as necessary for the installation of the road system within the property, the installation of utilities, storm drainage and detention basins required by the appropriate governmental officials for development of the property, and the clearing and grading for the proper use of the building sites on the lots, no trees will be removed. 3. Developer will cause to be recorded among the land records of Roanoke County covenants which prohibit future owners of any lots from removing any tree that measures 3 inches or greater in diameter at a height of 4 feet above the ground as long as said tree is healthy. Said covenants shall further include provisions establishing an Architectural Review Committee which shall be charged with the responsibility of reviewing requests of future owners to change the existing landscaping and grounds on any lot once the lot has been developed and have a home constructed on that lot. Said Architectural Review Committee shall prohibit the removal of any trees 3 inches or greater in diameter at a height of 4 feet above the ground unless the removal of such tree is in the interest of safety as determined by the Architectural Review Committee. 4. No driveways for lots will be permitted on Cotton Hill Road, Raintree Road or Sylvan Road. 5. The property will be accessed by a single entrance from Cotton Hill Road at a location to be approved by VDOT. \\JOLLY\SYS\USERS\CBaumgardnerizONING\Cotton Hill Land PROFFERS.doc ~' ~" ,~ 6. Developer agrees to dedicate to VDOT the parts of the property that are between Cotton Hill Road and the existing gas line easement except such dedicated area shall not include any land that would make any point of any abutting developed lot less than 120 feet in depth. 7. Designated areas along Raintree and Sylvan Roads, as shown on the plan, shall be left in their natural, undisturbed state. 8. A water line easement shall be provided through the property to Sylvan Road. The Developer shall install a water line within said easement and place a fire hydrant at Sylvan Brook Road. 9. Developer shall install a 6-foot wood fence at the rear of Lots 2 through 6 as shown on the Development Plan. COTT91'4~.~} LAND COMPANY, L.C. BY \\JOLLY\SYSIUSERS\CBaumgardner\ZONING1Cotton Hill Land PROFFERS.doc ~._~ ,. ROANOIiE COUNTY ATTORNEY'S OFFICE Roanoke County Administration Center 5204 Bernard Drive, S.W. -Room 481 Roanoke, VA 24018-0798 Phone 772-2007 -Fax 772-2089 MEMORANDUM To: Board of Supervisors „~n From: Paul M. Mahoney ~y` Date: January 22, 2003 Subject: Sovereign Grace Community Church -SUP This memorandum is submitted to you within the range of the attorney-client privilege, and as such, is confidential. Further, it is exempt from disclosure as a public record under the provisions of the Virginia Freedom of Information Act, Section 2.2-3705.A.7 and 14 Item T-2 on your January 28, 2003, agenda includes a request for a special use permit to construct a religious assembly facility. The Planning Commission recommended approval of this SUP with the following condition: The Special Use Permit is valid as long as the church is a tenant at this location, and not a property owner. I do not believe that this condition could survive a legal challenge. Therefore, I recommend that the Board not include this condition if it decides to grant this SUP. Under the Federal Religious Land Use and Institutionalized Persons Act of 2000 "no government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution ... is in furtherance of a compelling governmental interest." In addition, this regulation must be the least restrictive means of furthering that compelling governmental interest. It is difficult to see how this condition satisfies the compelling governmental interest. Under the Roanoke County Zoning Ordinance conditions must have a reasonable relation to the zoning, they must be conformity with the Community Plan and it must be reasonable. It is questionable that this condition satisfies these requirements. Please call me if you have any questions concerning this recommendation. PMM/sb c: David Holladay