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HomeMy WebLinkAbout9/23/2003 - RegularWorking Document -Subject to Revision Roanoke County Board of Supervisors Action Agenda September 23, 2003 Good afternoon and welcome to our meeting for September 23, 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 All present at 3:02 p.m. 2. Invocation: Pastor Myron Atkinson Penn Forest Wesleyan Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge added briefing on the Community Meeting held September 22, 2003, concerning the proposed Methadone Clinic at Ogden Road and Colonial Avenue C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring October 5 through October 11, 2003, as Mental Illness Awareness Week in Roanoke County Proclamation presented to the following representatives of the National Alliance for the Mentally III (NAMI): Charles Wohlford, Vice President; June Poe, Past President; and Shonna Allen, Editor of NAMI's quarterly paper. 1 2. Recognition of the Finance Department for receiving the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA) for fiscal year 2001-2002 Award presented to Diane D. Hyatt, Chief Financial Officer; Rebecca E. Owens, Director of Finance; and members of the Finance Department D. BRIEFINGS 1. Briefing to update the Board on the Community Meeting held September 22, 2003, concerning the proposed Methadone Clinic at Ogden Road and Colonial Avenue Mr. Hodge updated the Board on the meeting. He advised that as suggested by Supervisor Minnix, a citizen task force has been formed with Mark Graham as Chair. Mr. Graham introduced the other members of the committee who were present. E. NEW BUSINESS 1. Request to approve a contract with the City of Roanoke, City of Salem, County of Botetourt and Town of Vinton for the upgrade and expansion of the present sewage treatment facility. (Gary Robertson, Utility Directory, and Paul Mahoney, County Attorney) A-092303-1 RCF motion to approve staff recommendation (approve the contract) URC F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. HOM motion to approve 1St readings 2"d readings and public hearings -10/28/03 URC 1. First reading of an ordinance to obtain a special use permit to construct a mini warehouse facility and offices located one-half mile from Plantation Road on Angel Lane, Catawba Magisterial District, upon the petition of MJH Development 2. First reading of an ordinance to rezone 99.38 acres from PTD (Planned Technology District) to PTD with revised proffered conditions, located in the 2 2100 block of Hardy Road, Vinton Magisterial District, upon the petition of the Town of Vinton 3. First reading of an ordinance to amend the Roanoke County Zoning Ordinance, Section 30-36-2(A) Agricultural/Village Center, 30-51-2(A) Neighborhood Commercial, 30-53-2(A) C-1 Office and 30-54-2(A) C-2 General Commercial to remove "medical office" as a permitted use in each district and amend Section 30-36-2(B) Agricultural/Village Center, 30-51-2(B) Neighborhood Commercial, 30-53-2(B) C-1 Office and 30-54-2(B) C-2 General Commercial to add "medical office" as a use allowed only by Special Use Permit upon the petition of the Roanoke County Planning Commission G. FIRST READING OF ORDINANCES None H. SECOND READING OF ORDINANCES None I. APPOINTMENTS 1. Capital Improvements Program (CIP) Advisory Committee (Appointed by District) Supervisor Church appointed Barbara Fasnacht to serve as the Catawba District representative 2. Grievance Panel 3. Hanging Rock Battlefield and Railway Preservation Foundation 4. Industrial Development Authority 5. Virginia Western Community College Board 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-092303-2 JPM motion to adopt consent resolution 3 URC 1. Approval of minutes -September 9, 2003 2. Confirmation of committee appointment to the Industrial Development Authority A-092303-2.a 3. Request to accept water and sanitary sewer facilities serving Orchard Park, Section 4 A-092303-2.b 4. Resolution of appreciation upon the retirement of Sandra K. Sutherland, Social Services Department, after twenty-two years of service R-092303-2.c 5. Request to accept and appropriate grant in the amount of $7,275 from the State Department of Education for the adult literacy and basic education program A-092303-2.d K. REQUESTS FOR WORK SESSIONS None L. REQUESTS FOR PUBLIC HEARINGS 1. Request to hold a public hearing on October 28, 2003, for citizen comments concerning a proposed amendment to the Roanoke County Charter seeking authority to levy a cigarette and tobacco tax. (Paul Mahoney, County Attorney) Consensus of the Board to schedule the public hearing on October 28, 2003 M. CITIZENS' COMMENTS AND COMMUNICATIONS Ms. Annie Krochalis advised that she supports the County leadership pursuing negotiations on another site for the Methadone Clinic and does not want to see a lawsuit filed at taxpayers' expense. She also asked that the Board identify the criteria used in any decision because their actions will set a precedent in future matters of land use. 4 N. REPORTS JPM 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 Capital Projects 5. Accounts Paid -August 2003 6. Statement of expenditures and estimated and actual revenues for the month ended August 31, 2003 7. Statement of the Treasurer's accountability per investment and portfolio policy as of August 31, 2003 O. CLOSED MEETING pursuant to the Code of Virginia (1950 as amended) Section 2.2-3711 A (5) discussion concerning prospective businesses or industries where no previous announcements have been made; Section 2.2-3711 A (30) discussion of the terms or scope of a contract pertaining to Explore Park where discussion in open session would adversely affect the bargaining position or negotiating strategy of the County; Section 2.2-3711 A (30) discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, namely public safety center; and Section 2.2-3711 A (7) consultation with legal counsel pertaining to probable litigation, namely methadone clinic. At 4:14 p.m. JPM moved to go into closed meeting. URC The closed meeting was held from 4:20 p.m. until 5:32 p.m. P. WORK SESSIONS (4th Floor Conference Room) None EVENING SESSION Q. CERTIFICATION RESOLUTION 5 R-092303-3 JPM motion to adopt certification resolution URC R. PUBLIC HEARINGS 1. Public hearing and request to adopt a resolution for the issuance of bonds through the Virginia Resources Authority (VRA) for an amount not to exceed $11,300,000 for improvements to the wastewater treatment facility and appropriation of funds. (Diane D. Hyatt, Chief Financial Officer) R-092303-4 RCF motion to adopt resolution URC 2. Public hearing and request to adopt a resolution for the issuance of general obligation school bonds through the Virginia Public School Authority (VPSA) for an amount not to exceed $23,000,000 to finance certain capital projects for public school purposes. (Diane D. Hyatt, Chief Financial Officer) R-092303-5 HOM motion to adopt resolution URC S. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of an ordinance to rezone .777 acres from I-1, Industrial District, to C-2, General Commercial District, to operate a retail sales facility located on Plantation Road, Hollins Magisterial District, upon the petition of EP Properties, LC. (Janet Scheid, Chief Planner) 0-092303-6 RCF motion to adopt ordinance URC 2. Second reading of an ordinance to rezone .37 acres from AVC, Agricultural Village District with Conditions, to C-2, General Commercial District with conditions, to operate a retail sales facility located on 5999 Franklin Road, S.W., Cave Spring Magisterial District, upon the petition of Richard Anderson. (Janet Scheid, Chief Planner) 0-092303-7 HOM motion to adopt ordinance URC 6 3. Second reading of an ordinance to amend the Roanoke County Zoning Ordinance, Section 30-93, Signs, upon the petition of the Roanoke County Planning Commission. (Janet Scheid, Chief Planner, and David Holladay, Senior Planner, Zoning Administrator) Referred to the Planning Commission at the July 22, 2003 meeting. 0-092303-8 MWA motion to adopt the ordinance with the deletion of Paragraph 7 of Sec. 30- 93-13. District Regulations (B) "Backlighted signs shall not be permitted in the R- 1zoning district" URC Two Citizens spoke: (1) Ms. Twila Briscoe presented a petition objecting to the billboard advertising a Gentleman's Club which is posted in the Hollins area on Williamson Road. Chairman McNamara referred the petition to Mr. Mahoney and asked that he respond to Ms. Briscoe. (2) Robert Frydrych spoke of his concern about restricting businesses to five signs. JPM asked that Ms. Scheid provide Mr. Frydrych with a copy of the sign ordinance. Chairman McNamara recognized Eric Call, Assistant Scoutmaster, and members of Troop 352, Locust Grove United Methodist Church in Salem, who were present working on their citizenship and community merit badges. T. CITIZENS' COMMENTS AND COMMUNICATIONS Rick Gordon distributed copies of a letter from Ms. Green, General Services Director, and several Roanoke County Code sections. He advised that he had been unable to get a trash can for an unoccupied house. Chairman McNamara asked Mr. Hodge to meet with Mr. Gordon. U. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church: (1) He advised Donnie Daniels of Cherokee Hills that he is referring his concerns about paving the roads in his neighborhood to Arnold Covey, and he will contact Mr. Daniels when more information is received. (2) He advised that there are two more community meetings to be held in the County concerning the proposed Regional Water and Wastewater Authority as follows: September 25 at Glenvar High School and September 30 at Northside High School. (2) He advised that while Hurricane Isabel spared the Roanoke Valley, other areas such as Williamsburg and Richmond were not so fortunate. There are thousands of people without power, water and homes, and he encouraged all citizens to do what they can to help others. Supervisor Altizer: He asked that Mr. Hodge schedule a meeting with Mr. Burgess, Botetourt County Administrator, Supervisor Flora, and other Botetourt County Board members to discuss the Hill Drive situation. 7 Supervisor McNamara: (1) He asked Mr. Hodge for a status report on a citizen's complaint of barking dogs on Bighorn Road. This situation has been ongoing and has involved some enforcement activities and he would like an update. (2) He advised that there are several County/City water authority meetings upcoming and that the citizens attending these meetings have been quite positive. There continues to be progress on the authority. Mr. Hodge advised that in response to requests for assistance with the aftermath of Hurricane Isabel in Richmond, the County sent fire and rescue personnel. The County also sent a truck and driver from the general services department. V. ADJOURNMENT JPM adjourned the meeting at 8:23 p.m. 8 Roanoke County Board of Supervisors Agenda September 23, 2003 Good afternoon and welcome to our meeting for September 23, 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: Pastor Myron Atkinson Penn Forest Wesleyan 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 1. Proclamation declaring October 5 through October 11, 2003, as Mental Illness Awareness Week in Roanoke County 2. Recognition of the Finance Department for receiving the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA) for fiscal year 2001-2002 D. BRIEFINGS E. NEW BUSINESS 1. Request to approve a contract with the City of Roanoke, City of Salem, County of Botetourt and Town of Vinton for the upgrade and expansion of the 1 present sewage treatment facility. (Gary Robertson, Utility Directory, and Paul Mahoney, County Attorney) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. First reading of an ordinance to obtain a special use permit to construct a mini warehouse facility and offices located one-half mile from Plantation Road on Angel Lane, Catawba Magisterial District, upon the petition of MJH Development 2. First reading of an ordinance to rezone 99.38 acres from PTD (Planned Technology District) to PTD with revised proffered conditions, located in the 2100 block of Hardy Road, Vinton Magisterial District, upon the petition of the Town of Vinton 3. First reading of an ordinance to amend the Roanoke County Zoning Ordinance, Section 30-36-2(A) AgriculturalNillage Center, 30-51-2(A) Neighborhood Commercial, 30-53-2(A) C-1 Office and 30-54-2(A) C-2 General Commercial to remove "medical office" as a permitted use in each district and amend Section 30-36-2(B) AgriculturalNillage Center, 30-51-2(B) Neighborhood Commercial, 30-53-2(B) C-1 Office and 30-54-2(B) C-2 General Commercial to add "medical office" as a use allowed only by Special Use Permit upon the petition of the Roanoke County Planning Commission G. FIRST READING OF ORDINANCES H. SECOND READING OF ORDINANCES I. APPOINTMENTS 1. Capital Improvements Program (CIP) Advisory Committee (Appointed by District) 2. Grievance Panel 3. Hanging Rock Battlefield and Railway Preservation Foundation 4. Industrial Development Authority 5. Virginia Western Community College Board J. CONSENT AGENDA 2 ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of minutes -September 9, 2003 2. Confirmation of committee appointment to the Industrial Development Authority 3. Request to accept water and sanitary sewer facilities serving Orchard Park, Section 4 4. Resolution of appreciation upon the retirement of Sandra K. Sutherland, Social Services Department, after twenty-two years of service 5. Request to accept and appropriate grant in the amount of $7,275 from the State Department of Education for the adult literacy and basic education program K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS 1. Request to hold a public hearing on October 28, 2003, for citizen comments concerning a proposed amendment to the Roanoke County Charter seeking authority to levy a cigarette and tobacco tax. (Paul Mahoney, County Attorney) M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future Capital Projects 5. Accounts Paid -August 2003 3 6. Statement of expenditures and estimated and actual revenues for the month ended August 31, 2003 7. Statement of the Treasurer's accountability per investment and portfolio policy as of August 31, 2003 O. CLOSED MEETING pursuant to the Code of Virginia (1950 as amended) Section 2.2-3711 A (5) discussion concerning prospective businesses or industries where no previous announcements have been made; Section 2.2-3711 A (30) discussion of the terms or scope of a contract pertaining to Explore Park where discussion in open session would adversely affect the bargaining position or negotiating strategy of the County; Section 2.2-3711 A (30) discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, namely public safety center; and Section 2.2-3711 A (7) consultation with legal counsel pertaining to probable litigation, namely methadone clinic. P. WORK SESSIONS (4th Floor Conference Room) EVENING SESSION Q. CERTIFICATION RESOLUTION R. PUBLIC HEARINGS Public hearing and request to adopt a resolution for the issuance of bonds through the Virginia Resources Authority (VRA) for an amount not to exceed $11,300,000 for improvements to the wastewater treatment facility and appropriation of funds. (Diane D. Hyatt, Chief Financial Officer) 2. Public hearing and request to adopt a resolution for the issuance of general obligation school bonds through the Virginia Public School Authority (VPSA) for an amount not to exceed $23,000,000 to finance certain capital projects for public school purposes. (Diane D. Hyatt, Chief Financial Officer) S. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES Second reading of an ordinance to rezone .777 acres from 1-1, Industrial District, to C-2, General Commercial District, to operate a retail sales facility located on Plantation Road, Hollins Magisterial District, upon the petition of EP Properties, LC. (Janet Scheid, Chief Planner) 2. Second reading of an ordinance to rezone .37 acres from AVC, Agricultural Village District with Conditions, to C-2, General Commercial District with 4 Conditions, to operate a retail sales facility located at 5999 Franklin Road, S.W., Cave Spring Magisterial District, upon the petition of Richard Anderson. (Janet Scheid, Chief Planner) T U V. 3. Second reading of an ordinance to amend the Roanoke County Zoning Ordinance, Section 30-93, Signs, upon the petition of the Roanoke County Planning Commission. (Janet Scheid, Chief Planner, and David Holladay, Senior Planner, Zoning Administrator) Referred to the Planning Commission at the July 22, 2003 meeting. CITIZENS' COMMENTS AND COMMUNICATIONS REPORTS AND INQUIRIES OF BOARD MEMBERS ADJOURNMENT 5 ACTION NO. ITEM NUMBER C AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 2003 AGENDA ITEM: Proclamation declaring October 5 through October 11, 2003, as Mental Illness Awareness Week in Roanoke County APPROVED BY: Elmer C. Hodge F~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside to issue a proclamation increasing awareness of mental health issues and the impact on families. Accepting the proclamation from the National Alliance for the Mentally III (NAMI) will be Charles Wohlford, Vice President; June Poe, Past President; Shonna Allen, Editor of NAMI's quarterly paper; and Phyllis Scruggs, Secretary of the local chapter. NAMI is a grass roots organization that advocates for services for the mentally ill and strives to educate the public regarding the importance of getting treatment for those affected by mental illness. is (~ k L__ -` h AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2003, PROCLAMATION DECLARING OCTOBER 5 THROUGH OCTOBER 11, 2002, AS MENTAL ILLNESS AWARENESS WEEK IN ROANOKE COUNTY WHEREAS, mental health is essential to good health. Every individual, family and community must understand that mental health is a necessary part of overall health care and suicide prevention must be increased by reducing the stigma of seeking care; and WHEREAS, it is essential to eliminate disparities in mental health care by promoting well-being for all, regardless of race, ethnicity, language, place of residence or age and ensure equity of access, delivery of services and improvement of outcomes, through public and private partnership to ensure culturally competent care to all; and WHEREAS, individuals and families must have the necessary information and the opportunity to exercise choice over their care decisions, including individualized plans of care, expanded supported employment, enhanced rights protections, better criminal and juvenile justice diversion and re-entry programs, improved access to housing, and an end to chronic homelessness; and WHEREAS, every individual must have the opportunity for early and appropriate mental health screening, assessment and referral to treatment; and WHEREAS, adults and children with mental illness must have ready access to evidence-based best treatments, services and supports leading to recovery; and WHEREAS, the mental health system must provide consumers, providers and the public with quality, accessible and accountable. information supporting improved care. 1 ,. (~~ - IOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia do hereby proclaim October 5 through October 11, 2003 as MENTAL ILLNESS AWARENESS WEEK throughout the County of Roanoke to increase public awareness of severe mental illness to promote greater access to effective treatments for those who suffer from the potentially disabling symptoms of these disorders. 2 ACTION NO. ITEM NO. C- a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 2003 AGENDA ITEM: Recognition of the Finance Department for receiving the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA) for fiscal year 2001-2002 APPROVED BY: Elmer C. Hodge ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke has received the Certificate of Achievement for Excellence in Financial Reporting for its Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2002. This is the nineteenth consecutive year in which the award has been received. The award is presented by the Government Finance Officers Association to governments that achieve the highest standards in governmental accounting and financial reporting. Accepting the recognition on behalf of the Finance Department will be Diane D. Hyatt, Chief Financial Officer, and Rebecca E. Owens, Director of Finance. i ACTION NO. A-092303-1 ITEM NO. E-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 2003 AGENDA ITEM: Request to approve a contract with the City of Roanoke, City of Salem, County of Botetourt and Town of Vinton for the upgrade and expansion of the present sewage treatment facility SUBMITTED BY: APPROVED BY: Gary Robertson Utility Director Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: The proposed contract is in essentially the same form as has previously been discussed with the Board in work sessions and closed sessions. Staff is in the process of arranging a joint signing ceremony for the participating localities. BACKGROUND INFORMATION The five valley governments (City of Salem, City of Roanoke, Town of Vinton, and the Counties of Roanoke and Botetourt) have been working on a plan for upgrading and expanding the wastewater treatment facility since 1999. The five partners have agreed on a cost sharing plan and the necessary improvements to increase wet weather flow capacity at the treatment plant. This plan has also been approved by the Department of Environmental Quality. SUMMARY OF INFORMATION: Construction drawings for the $47 million dollar project have been completed and divided into three contracts (A, B & C). Contract A has been bid and is in the process of being approved for construction. Contracts B and C will be bid in late fall 2003 and early winter 2004. (Roanoke County's share of the project will be $11.3 million dollars.) The plant was expanded from 35 million gallons per day (MGD) to 42 MGD with the 1994 improvements. This project will increase the capacity to at least 55 MGD and possibly to 62 MGD under certain conditions. Prior to award of the construction contract, a new agreement between the five partners' jurisdictions must be executed. This agreement has been reviewed, negotiated, and approved by County staff and other partnering jurisdictions. 1994 Flow 1994 Cost 2003 Flow 2003 Cost Flow Ca acit Jurisdiction Share % Share % Share % Share Existing 42 MGD Expanded 55 MGD City of Roanoke 45.7% 37.3% 45.7% 45.7% 19.2 25.1 Roanoke County 24.5% 29.2% 24.5% 24.5% 10.3 13.5 Salem 18.4% 20.9% 18.4% 18.4% 7.7 10.1 Vinton 4.9% 5.6% 4.9% 4.9% 2.1 2.7 Botetourt County 6.5% 7% 6.5% 6.5% 2.7 3.6 TOTALS 100.0% 100.0% 100.0% 100.0% 42.0 55.0 Roanoke City Council is scheduled to approve this agreement at its meeting on October 6, 2003; Vinton's Council on October 7, 2003; Salem's Council on October 13, 2003; and Botetourt's Board of Supervisor's on October 28, 2003. This contract is available for your review in the offices of the County Attorney or the Utility Director. FISCAL IMPACT: The County's portion of the Wastewater Treatment Upgrade is $11.3 million. This project will be financed with a subsidized loan from the Virginia Water Quality Revolving Fund, to be issued through the Virginia Resources Authority As part of the new wastewater contract, the percentage forwhich the County is responsible is reduced from 29.2% to 24.5%. The City will reimburse the County $706,345 to retroactively change this percentage for the first upgrade. This reimbursement will be credited against the first five bills that the City sends the County for expenses related to the current upgrade. This credit had been factored into the County's estimated expense of $11.3 million. In addition, there will be some expenses that do not qualify for reimbursement through the loan program (such as easement acquisition). There is approximately $500,000 of County sewer funds remaining in the capital account for the completed phases of the Wastewater Treatment Plant Upgrade. These funds can be moved to this new Upgrade and used to pay for these non-qualifying expenses. In July, 2002, the County received a check of $545,164 from Roanoke City as a reimbursement in the first upgrade. We were required by VRA to use this check to downsize the County's previous VRA loan. 2 r Later this evening, the Board will hold a public hearing on borrowing $11.3 million to finance the County's portion of this upgrade. Following the public hearing, the Board will be asked to adopt a resolution, and appropriate funding for this project. STAFF RECOMMENDATION: Staff recommends authorizing the Chairman of the Board of Supervisors to execute the agreement, upon form approved by the County Attorney. VOTE: Supervisor Flora 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, Utility Paul Mahoney, County Attorney Rebecca Owens, Director, Finance Diane D. Hyatt, Chief Financial Officer 3 t' ACTION NO. ITEM NO. ~ I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 2003 AGENDA ITEM: Request to approve a contract with the City of Roanoke, City of Salem, County of Botetourt and Town of Vinton for the upgrade and expansion of the present sewage treatment facility SUBMITTED BY: APPROVED BY: Gary Robertson Utility Director Elmer C. Hodge ~'~~ fr~''~~.- County Administrator COUNTY ADMINISTRATOR'S COMMENTS: The proposed contract is in essentially the same form as has previously been discussed with the Board in work sessions and closed sessions. Staff is in the process of arranging a joint signing ceremony for the participating localities. BACKGROUND INFORMATION The five valley governments (City of Salem, City of Roanoke, Town of Vinton, and the Counties of Roanoke and Botetourt) have been working on a plan for upgrading and expanding the wastewater treatment facility since 1999. The five partners have agreed on a cost sharing plan and the necessary improvements to increase wet weather flow capacity at the treatment plant. This plan has also been approved by the Department of Environmental Quality. SUMMARY OF INFORMATION: Construction drawings for the $47 million dollar project have been completed and divided into three contracts (A, B & C). Contract A has been bid and is in the process of being approved for construction. Contracts B and C will be bid in late fall 2003 and early winter 2004. (Roanoke County's share of the project will be $11.3 million dollars.) The plant was expanded from 35 million gallons per day (MGD) to 42 MGD with the 1994 improvements. This project will increase the capacity to at least 55 MGD and possibly to 62 MGD under certain conditions. ~: ~. Prior to award of the construction contract, a new agreement between the five partners' jurisdictions must be executed. This agreement has been reviewed, negotiated, and approved by County staff and other partnering jurisdictions. 1994 Flow 1994 Cost 2003 Flow 2003 Cost Flow Ca act Jurisdiction Share % Share % Share % Share Existing 42 MGD Expanded 55 MGD City of Roanoke 45.7% 37.3% 45.7% 45.7% 19.2 25.1 Roanoke County 24.5% 29.2% 24.5% 24.5% 10.3 13.5 Salem 18.4% 20.9% 18.4% 18.4% 7.7 10.1 Vinton 4.9% 5.6% 4.9% 4.9% 2.1 2.7 Botetourt County 6.5% 7% 6.5% 6.5% 2.7 3.6 TOTALS 100.0% 100.0% 100.0% 100.0% 42.0 55.0 Roanoke City Council is scheduled to approve this agreement at its meeting on October 6, 2003; Vinton's Council on October 7, 2003; Salem's Council on October 13, 2003; and Botetourt's Board of Supervisor's on October 28, 2003. This contract is available for your review in the offices of the County Attorney or the Utility Director. FISCAL IMPACT: The County's portion of the Wastewater Treatment Upgrade is $11.3 million. This project will be financed with a subsidized loan from the Virginia Water Quality Revolving Fund, to be issued through the Virginia Resources Authority As part of the new wastewater contract, the percentage for which the County is responsible is reduced from 29.2% to 24.5%. The City will reimburse the County $706,345 to retroactively change this percentage for the first upgrade. This reimbursement will be credited against the first five bills that the City sends the County for expenses related to the current upgrade. This credit had been factored into the County's estimated expense of $11.3 million. In addition, there will be some expenses that do not qualify for reimbursement through the loan program (such as easement acquisition). There is approximately $500,000 of County sewer funds remaining in the capital account for the completed phases of the Wastewater Treatment Plant Upgrade. These funds can be moved to this new Upgrade and used to pay for these non-qualifying expenses. In July, 2002, the County received a check of $545,164 from Roanoke City as a reimbursement in the first upgrade. We were required by VRA to use this check to downsize the County's previous VRA loan. `=- Later this evening, the Board will hold a public hearing on borrowing $11.3 million to finance the County's portion of this upgrade. Following the public hearing, the Board will be asked to adopt a resolution, and appropriate funding for this project. STAFF RECOMMENDATION: Staff recommends authorizing the Chairman of the Board of Supervisors to execute the agreement, upon form approved by the County Attorney. ACTION NO. ITEM NO. ~ ~ _3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 2003 AGENDA ITEM: Requests for public hearing and first reading for rezoning ordinances; consent agenda SUBMITTED BY: Janet Scheid Chief Planner APPROVED BY: Elmer C. Hodge ~~ County Administrator 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 October 28. 2003. The titles of these ordinances are as follows: The petition of MJH Development to obtain a Special Use Permit to construct mini warehouse facility and offices located 1/2 mile from Plantation Road on Angel Lane, Catawba Magisterial District. 2. The petition of the Town of Vinton to rezone 99.38 acres from PTD to PTD with revised proffered conditions, located in the 2100 block of Hardy Road, Vinton Magisterial District. 3. Petition of the Roanoke County Planning Commission to amend the ' Roanoke County Zoning Ordinance, Sections 30-36-2(A) AgriculturalNillage Center, 30-51-2(A) Neighborhood Commercial, 30-53- 2(A) C-1 Office and 30-54-2(A) C-2 General Commercial to remove "medical office" as a permitted use in each district and amend Section 30- 36-2(B)RgriculturalNillage Center, 30-51-2(B) Neighborhood Commercial, 30-53-2(B) C-1 Office and 30-54-2(B) C-2 General Commercial to add "medical office" as a use allowed only by Special Use Permit. Maps are attached. More detailed information is available in the Clerk's Office. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for October 28. 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 11=3, 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. 2 ~• }County of Roanoke For Staff Use Only Community Development Pianni;tag c& Zoning Date received: ~ ~ Received by: ~l: 5204 Bernard Drive Application fee: ~ p ~ Q ~ ~ , PCBZA date: 1 p -~ P O Box 29800 Placards issued: BOS date: Roanoke, VA 24018-0798 t 6 (540) 772-20b8 FAX (540) 776-7155 Case Number ~, 3 -'Q ~jQ ALL APPLICANTS Check type of application filed (check all that apply} ^ Rezoning ~ Special Use ^ Variance ^ Waiver ^ Administrative Appeal Applicants name/address w/zip Phone: 540-977-41 i 3 MJH Development Work: 539 Parkview Dr. Cell #: Blue Ridge, VA 24064 Fax No.: Owner's name/address w/zip Phone #: 540-977-4113 John Bane Work: 539 Parkview Dr. Blue Ridge, VA 24064 Fax No. #: Property Location: it 146 I 81 lli H E N Magisterial District: Catawba - ns x on ear o Community Planning area: Tax Map No.: 017.00-01-02.00-0000 Existing Zoning: I-1 size of parcel(s): Acres: 50.62 Existing Land Use: Vacant REZONING SPECIAL USE FER1tIITA1VD W,4IVER APPLICANTS (R/S/VV) Proposed Zoning: I-1 w/ SUP Proposed Land Use: mini warehouse facility, offices 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 pazcel meet the minimum criteria for the requested Use Type? Yes ® No ^ IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, aze conditions being proffered with this request? Yes ^ No ^ V14.RIANCE, WAILER AND AD~ISTRATIVEAPPEAL APPLICANTS (Y/W/~4A) Vaziance/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 Is the aonlication complete? Please check if enclncerl APPT,T('. ATTnN Wii.L NnT RE AC'CF.PTF.T) TF ANY riF THESE ITE ARE NIISSING OR INCOMPLETE. R/S/W V/AA R/S/W V/AA R/SIW VIAA x Consultation x 8 1/2" x 11" concept plan x Application x Metes and bounds description x Justification N{A Water and se~wesr~application `:hereby certify that I am either the owner of t3~\propSt-t,or the oi~ ~" . r c nt~ of the owner. ~, , ~I MS x Application fee N/A Proffers, if applicable x Adjoining property owners purchaser and am acting with the Irnowledge and consent Owner's JUSTIFICATION FOR REZONING, SPECIAL USE PERP+'IIT ©R 5'4-'AIITER REQUEST 2 _. ~ - Applicant MJH Development ~ '~ The Planning Commission will study rezoning, special use permit or waiver requests to determine the need and justification for the change in terms ofpublic 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 Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. As stated in the Roanoke County C7dinance (Section 30-61-1), the purpose of the I-1 zone is to accommodate light industrial activities while maintaining accessibility to urban areas. The proposed usage of the parcel is for mini warehouse storage and offices. This facili#y will serve urban areas and needs a convenient location. The site's easy access to Interstate I-8I facilitates the transportation activities that the site will produce. Due to the location of the site, the proposed use(s) will not add to traffic congestion or large vehicles in more densely used areas. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The proposed project will provide general and/or professional office space, thereby encouraging economic growth. The added revenue will also provide the County with more tax income. 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 goal of the owner is to only develop the 4.5 acre portion of the entire 50.6 acre parcel. The portion of the site that has a slope greater than 33% is intended to remain undeveloped, which will minimize the impacts on forested areas. Other than slight increases in daily traffic on Angel Lane, the proposed development will have virtually no impacts on adjoining properties. Due to its location and physical boundaries, the proposed development will not be visible from any of the adj oining properties except the unmanned power substation and cellular tower site. Since public sanitary sewer is located 1200 feet away along Angel Lane, an extension ofpublic sewer would be necessary. The estimated water demand is a nominal 1000 gallons per day on the size of the facilities and the proposed use(s). A private well would be necessary since public water currerrtly is not located within the vicinity of the property. The proposed development will have no impacts on schools, parks and recreation or fire and rescue (since fire protection will not be available due to the lack of public water service) The southern portion of the site has an existing adequate drainage channel, which would be an ideal location for storm water management discharge. Erosion and Sediment Control measures will be provided to mitigate the unpacts on the downstream properties. The proposed use(s) for this site also do not produce significant noise or air pollution as is the potential of most other ;industrial sites. NSTIFICATION FOR V~:RL4NCE REQUEST 3 i CONCEPT PLAN CHECKLIST ~ concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by' so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan maybe altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALI/APPLICANTS ~/ a. Applicant name and name of development b. Date, scale and north avow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. f. The zoning and land use of all adjacent properties g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development j. Dimensions and locations of all driveways, parking spaces and loading spaces AdditionaP information required for REZQNING and SPECL4L USE PERMIT APPLICANTS V k. Existing utilities (water, sewer, storm drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers ~/ m. Topography map in a suitable scale and contour intervals ~// n. Approximate street grades and site distances at intersections ~/ o. Locations of all adjacent fire hydrants f a p. Any proffered conditions at the site and how they are addressed N~ q. If project is to be phased, please show phase schedule all items required-tl~e checklist above are complete. Signature of applicant -fe~'-~- Date 6 N SG1EY~2Q4' W E I ~ ~ S I ~ \ i \ asEr (I/Alf-w,varlals~ ~ stieACx - 1aEr FEN! SEiBhCN . 10F7 i ~ \ notovmraE -sax ~r .vt~A for ccoEnACE .Sox for NiEA \ rexww m ~ z' a nc oFOwercE cnF couF~EtE usr~: I ~ ~wNmlou~ (xrm sPE17M. ~ PEIaN9 \ toorsE 1 src P~m~rE I \ SPC~00 UfYf50NltiEpFFFfER 7+4,1705F)-I1,86a'iF 2 BIDGS s ~0955F-8.1905E EYELOPED PftOPEKfY \ N. 11N1 WMEFMUSE txDG N3EM24.9905F WOOOINID \ uiFi-vNm+ousE uFFS (est.)-1eo uwrs-a sPN~s Ytli • 1 .s <GAC£5 s~~y~A~C/a~~»~~Ena / 7TBI.OA9 Y 7 a0A5F-14.OMG AL OmCE &DC NSFA-14.0005E OfFlOE t9D6 NIFM74A001r/1.0007YJYM 9PN:~ FIOb. / ~ Jm.~$ tYAtER: W15FE WFle M15'f BE OF1LLID r SrOFAOE 7AlIK PRV.Wm / ~.~,` ~iw~aF sue- ewA~rr sDrme wsr eE onENOm 7o sDE ~ j ~'~ ~ ECf m NN txitTM rowDt FFOV POIE^i ON9ffE /./ ~' NM11WL lLGildl meln. / Fm wsr ~ • wrs of 1100aFD•/ ~ saez~ ~. ~ - -- - = = ~ / • ~ _ / ~ _ ~ / / % ~_ / ~ • / _ a /• /- / /• /' \ / / / ~• i ~ ~ ~ r7Fmr,~ ~~ i _/ ~' i ~ ' oast. roxtr~ • eac 1w. NOEttiLOPED PROPQitt ~ • __v{~~~. l' ~ /.~ ~ • ~, ~ / /• ~,..~~ 1 ~ ~ ~ ~~ ^,,. ~'y~-~ yaw, %~~ ~~~~ .~ ~~f'` ~ i _ ~ ~ ~i .~_ "' I ~° ,. «I~ :~ ~~..R- / I awc su ~ i~ ro ~~~ sonE aeoFOSm %~ ADJOlNERS ax71eFY FwE - mn PIIRFl A PNIIP E &IlE 1-I 17-00-1-1 e AvPA<.o,uF voMm ealiANY ~, ,7.aa-,_2., e APPAIApYN/ vowEn conaAm i-, lzoo-,-~ o auFa or coo c-2 laao-l-e E CMIRGt or GDD - c-2 laao-l-la E erlr ar AaMiOi¢ A0a iaco-l-9 o FoneFt A, n+aaF H1 noo-i-1 E ~R Q ~ '/Q E~ 1 / > ~ ' E EN G / N EER / l V G ' fQNSULTtNG ENGfNEERS 815 Nall Road Boones Mill, Virginia 24065 (540} 334-4294 fax: (540} 334-4293 Email: providence@metwood.com CONCEPT FLAN FOR MJH DEVELOPMENT ROANOKE COUNTY, VA Design: SCG Sheet No. Dra~rn: $CGf H~5 Checked: SCG ~ 1 Date: 08-20-09 1 Comm. No.: 0 F,\ ~~ ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Applicants name: MJH Development Existing Zoning:I-> Rezoning: Proposed Special Use Tax Map No. >7.00-1-2 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 APPLICANTS Ch k type of application filed (check all that apply) Rezoning O Special Use O Variance Applicants name/address w/zip Owner's name/address w/zip Property Loca//ti~,ofn ! (~ Tax Map No.: ' ~~~ -~.. (. t \ - ~ 1 For Staff Use Date received: ~~ 1'~G v Application fee: Placards issued: I Case Number ~~ Received PGBZA date: C~c~- ~ v BOS dace: O Waiver O Administrative Appeal Phone: Work: Cell #: ~~! .~ ~ i ~ ~ Fax No.: Phone #: Work: Fax No. #: ___ Magisterial District: ~ ~ ~ ,t~ Community Planning area: ''~ ~ Existing Zoning: ~ i se of parcel(s): Acres: ~ ~~ REZONING SPECIAL USE PERT Proposed Zoning: 'C ~~ ~~ Proposed Land Use: ~ ^ F~ `JZ ~, Existing Land Use: ~~,{, D-WAIVER APPLICANTS ~/S/VV) I _. _ ~ 1 '~~- D the parcel meet the minimum lot area,~width, and frontage requirements of the requested district? es No IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? es No IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes No -VARIANCE, WAIVER AND`ADMINISTRATIVE APPEAL APPLICANTS (V/WfAA) 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 Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/5/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 .iereby 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. ~ .--~' ~, ~C`a~, ~,~ ~ ,,~ "1 Owner's Signature I ~ta~ M c~ tv r~C E 2 2 ROANOKE COUNTY Applicants Name: Town of Vinton DEPARTMENT OF Zoning: Rezoning to PTD COMMUNITY DEVELOPMENT ~/ changes conditions Tax Map No. 7 >.11-1-1 r Y APPENDIX A-ZONING ORDINANCE § 30-36-2 _'3 personal service businesses, in addition to public and institutional buildings such as schools, post offices and places of religious assembly, are commonly found at these crossroad locations. These areas bring a sense of community to the surrounding rural areas, with an emphasis on providing the essential goods and services to rural residents, but are not intended as employment destinations for urban residents. New development should therefore be carefully considered for its compatibility with the surrounding development and the purpose and intent of this district. Any expansion of these areas should be contiguous to existing village center areas to avoid leap-frog commercial development. Similarly additional development may warrant additional public services, such as commu- nity sewer and water systems. (Ord. No. 042799-11, §§ lf., 2, 4-27-99) Sec. 30-36-2. Permitted Uses. (A) The foIlowing uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article N, Use and Design Standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture Stable, Private * Wayside Stand 2. Residential Uses Accessory Apartment Home BeautyBarber Salon Home Occupation, Type I Kennels; Private Manufactured Home Manufactured Home, Emergency Residential Human Care Facility Single Family Dwelling, Attached Single Family Dwelling, Detached . T~,vo Family Dwelling 3. Civic Uses Administrative Services Clubs Community Recreation Cultural Services Supp. No. 5 1803 t~ r § 30-36-2 ROANOKE COUNTY CODE Day Care Center Educational Facilities, Primary/Secondary * Family Day Care Home * Park and Ride Facility * Post Office Public Parks and Recreational Areas Safety Services Utility Services, Minor 4. Office Uses Financial Institutions * General Office Medical Office 5. Commercial Uses Antique Shops Bed and Breakfast Consumer Repair Services Personal Improvement Services Personal Services Restaurant, Family Studio, Fine Arts Veterinary HospitaUClinic 6. Miscellaneous Uses Amateur Radio Tower (B) The following uses are allowed only by Special Use Permit pursuant to Section 30-19. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. • . 1. Agricultural and Forestry Uses Stable, Commercial * 2. Residential Uses Alternative Discharging Sewage Systems Multi-family Dwelling * Townhouse * -~ _` i J Supp. No. 5 1804 APPENDIX A-ZONING ORDINANCE § 30-51-2 SEC. 30-49. RCO RESIDENTIAL CLUSTER OVERLAY DISTRICT (RESERVED). SEC. 30-50. RESERVED. SEC. 30-51. NC NEIGHBORHOOD COMMERCIAL DISTRICT. Sec. 30-51-1. Purpose. (A) The purpose of this district is to provide for the development of low intensity retail sales and service establishments developed either as a coordinated unit or on individual parcels which primarily serve the residents of a geographically limited neighborhood or residential area. The total district size should be no more than three (3) acres and expansion beyond this size should be limited. Neighborhood Commercial districts are most appropriately found along or near a residential collector street or minor arterial roadway which serves the residents of a particular subdivision or cluster of residences. These areas should also be served by public sewer and water. Land uses permitted in this district are compatible with the recommendations set forth in the Neighborhood Conservation and Development categories of the Comprehensive Development Plan. In order to enhance the general character of the district, its function of neighborhood service, and its compatibility with residential surroundings, building heights, the size of certain uses and characteristics are all limited. Sec. 30-51-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Civie Uses Community Recreation Cultural Services Day Care Center Educational Facility, Primary/Secondary Family Day Care Home Post Office Religious Assembly * Public Parks and Recreational Areas * Safety Services Utility Services, Minor 2. Office Uses General Office * Supp. No. 5 1827 § 30-51-2 ROANOKE COUNTY CODE Medical Office * 3. Commercial Uses Convenience Store * Personal Services Restaurant, Family * 4. Miscellaneous Uses Amateur Radio Tower (B) The following uses are allowed only by Special Use Permit pursuant to Section 30-19. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those spec uses. 1. Commercial Uses Gasoline Station * Studio, Fine Arts 2. Miscellaneous Uses Outdoor Gatherings (Ord. No. 82493-8, § 2, 8-24-93) _ 1 - Sec. 30.51-3. Site Development Standards. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. For all lots: a. Area: 20,000 square feet. b. Frontage: 100 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: 30 feet for all buildings, structures and parking areas. 2. Side yard: 15 feet for all buildings. 3. Rear yard: 25 feet for all structures, 35 feet when adjoining a residential use. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. Principal structures: 30 feet, including rooftop mechanical equipment. b. Accessory structures: 15 feet. Supp. No. 5 1828 APPENDIX A-ZONING ORDINANCE § 30-53-2 (D) Maximum coverage. 1. Building coverage: 35 percent of the total lot area for all buildings and 7 percent for accessory buildings. 2. Lot coverage: 65 percent of the total lot area. SEC. 30-52. RESERVED. SEC. 30-53. C-I OFFICE DISTRICT. Sec. 30-53-1. Purpose. (A) The purpose of the C-1 Office District is to provide for the development of attractive and efficient office uses in the urban service area which serve both community and county-wide needs. The C-1 district allows for varying intensities of office development as part of either a planned office complex or, to a limited degree, small scale office uses. Retail uses are permitted, to a limited extent, where they are supportive of the office environment. The C-1 districts are most appropriately found along or near major arterial streets where existing commercial development has occurred and/or where commercial zoning has been established, or near existing residential development where it would serve as a logical buffer strip between conflicting land use types. _ Land uses permitted in the C-1 Office District are generally consistent with the recommen- dations forth in the Transition and Core land use categories of the Comprehensive Development Plan. Site development standards are intended to ensure compatibility with adjacent land uses. Sec. 30-53-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article N, Use and Design Standards, for those specific uses. 1. Residential Uses Accessory Apartment Home BeautyBarber Salon Home Occupation, Type I * Multi-family Dwelling Two-family Dwelling * 2. Civic Uses Administrative Services Clubs Cultural Services Supp. No. 5 1829 § 30-53-2 ROANOKE COUNTY CODE ~_ Day Care Center * Educational Facilities, College/University Educational Facilities, Primary/Secondary Guidance Services Park and Ride Facility * Post Office Public Parks and Recreational Areas Safety Services * Utility Services, Minor 3. Office Uses Financial Institutions * General Office Medical OfFce 4. Commercial Uses Business Support Services Business or Trade Schools Communications Services Studio, Fine Arts Veterinary HospitaUClinic 5. Miscellaneous Uses Amateur Radio Tower Parking Facility (B) The following uses are allowed only by Special Use Permit pursuant to Section.30-19. An asterisk (*) indicates additional, modified or more stringent standards. are listed in Article IV, Use and Design Standards, for those specific uses. 1. Civic Uses Religious Assembly * Utility Services, Major 2. Office Uses Laboratories 3. Commercial Uses Commercial Indoor Sports and Recreation Supp. No. 5 1830 § 30-53-3 ROANOKE COUNTY CODE - _ each required side and rear yard adjoining the R-1 or R-2 district is increased two feet for each foot in height over 45 feet. In all other locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: 15 feet. (D) Maximum coverage. 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 80 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93) SEC. 30-54. C-2 GENERAL CONIlVIERCIAL DISTRICT. Sec. 30-54-1. Purpose. (A) 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 neighbor- hoods or large areas of the county. This district is intended for general application throughout the county. General Commercial Districts are most appropriately found along major arterial thoroughfares which serve large segments of the county's population. The C-2 district permits a wide variety of retail and service related uses. Land uses permitted in this district are generally consistent with the recommendations set forth in the Transition and Core land use categories of the Comprehensive Development Plan. Site development regulations are designed to ensure compatibility with adjoining land uses. Sec. 30-54-2. Permitted Uses. (A) The following uses are permitted by right. subject to all other applicable requirements contained in this ordinance. An asterisk t*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Residential Uses Accessory Apartment Nome BeautyBarber Salon Home Occupation, Type I * Multi-Family Dwelling * Two-Family Dwelling 2_ Civic Uses Administrative Services Clubs Cultural. Services Day Care Center Supp. No. 5 1532 APPENDIX A-ZONING ORDINANCE § 30-54-2 •, Educational Facilities, College/University Educational Facilities, Primary/Secondary * Family Day Care Home Guidance Services Park and Ride Facility Post Office Public Assembly Public Parks and Recreational Areas Safety Services * Utility Services, Minor 3. Office Uses Financial Institutions General Office Medical Office Laboratories 4. Commercial Uses Agricultural Services Antique Shops Automobile Dealership, New Automobile Repair Services, Minor * Automobile RentaULeasing Automobile Parts/Supply, Retail Bed and Breakfast Boarding House Business Support Services Business or 1~ade Schools Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communications Services Construction Sales and Services Consumer Repair Services Supp_ No. 5 1833 § 30-54-2 ROANOKE COUNTY CODE Funeral Services Garden Center Gasoline Station Hospital Hotel/MoteI/Motor Lodge Kennel, Commercial Pawn Shop Personal Improvement Services Personal Services Restaurant, General Restaurant, Family Retail Sales Studio, Fine Arts Veterinary HospitaUClinic 5. Industrial Uses Recycling Centers and Stations * 6. Miscellaneous Uses Amateur Radio Tower * Parking Facility (B) The following uses are allowed only by Special Use Permit pursuant to Section 30-19. An asterisk (*) indicates additional, modified or more stringent standazds are listed in Article IV, Use and Design Standards, for those specific uses. 1. Civic Uses Adult Care Residences Halfway House Life Care .Facility Nursing Home Religious Assembly Utility Services, Major 2. Commercial Uses Automobile Dealership, Used Automobile Repair Services, Major * Car Wash * Supp. No. 5 1834 § 30-36-2 ROANOKE COUNTY CODE Day Care Center Educational Facilities, Primary/Secondary Family Day Care Home Park and Ride Facility * Post Office Public Parks and Recreational Areas * Safety Services * Utility Services, Minor 4. Office Uses Financial Institutions General Office Medical Office * 5. Commercial Uses Antique Shops * Bed and Breakfast * Consumer Repair Services Personal Improvement Services Personal Services Restaurant, Family Studio, Fine Arts Veterinary HospitaUClinic 6. Miscellaneous Uses Amateur Radio Tower (B) The following uses are allowed only by Special Use Permit pursuant to Section 30-19. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Agricultural and Forestry Uses Stable, Commercial 2. Residential Uses Alternative Discharging Sewage Systems * Multi-family Dwelling * Townhouse * Supp. No_ 5 1$04 APPENDIX A-ZONING ORDINANCE § 30-36-3 3. Civic Uses Cemetery Crisis Center Halfway House Home for Adults Life Care Facility Nursing Home Religious Assembly Utility Services, Major * 4. Commercial Uses Agricultural Services Automobile Repair Services, Minor * Automobile Parts/Supply, Retail * Boarding House Clinic Convenience Store Funeral Services Garden Center Gasoline Station Kennel, Commercial Restaurant, General 5. Industrial Uses Construction Yards Custom Manufacturing * Recycling Centers and Stations * 6. Miscellaneous Uses Outdoor Gatherings * (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99) Sec. 30-36-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article 1V, Use and Design Standards. Supp. No. 5 1805 § 30-51-2 ROANOKE COUNTY CODE -- ~-. ,~ Medical Office 3. Commercial Uses Convenience Store * Personal Services Restaurant, Family 4. Miscellaneous Uses Amateur Radio Tower (B) The following uses are allowed only by Special Use Permit pursuant to Section 30-19. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Commercial Uses Gasoline Station Studio, Fine Arts 2. Miscellaneous Uses Outdoor Gatherings (Ord. No. 82493-8, § 2, 8-24-93) Sec. 30-51-3. Site Development Standards. ~' General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum Zot requirements. 1. For all lots: a. Area: 20,000 square feet. b. Frontage: 100 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: 30 feet for all buildings, structures and parking areas. 2. Side yard: 15 feet for all buildings. 3. Rear yard: 25 feet for all structures, 35 feet when adjoining a residential use. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. Principal structures: 30 feet, including rooftop mechanical equipment. b. Accessory structures: 15 feet. Supp. No. 5 1828 § 30-53-2 ROANOKE COUNTY CODE Day Care Center Educational Facilities, College/University Educational Facilities, Primary/Secondary Guidance Services Park and Ride Facility * Post Office Public Parks and Recreational Areas * Safety Services * Utility Services, Minor 3. Office Uses Financial Institutions General Office Medical Office 4. Commercial Uses Business Support Services Business or Trade Schools Communications Services Studio, Fine Arts Veterinary Hospital/Clinic 5. Miscellaneous Uses Amateur Radio Tower Parking Facility (B) The following uses are allowed only by Special Use Permit pursuant to Section.30-19. An asterisk (*) indicates additional, modified or more stringent standards. are listed in Article lV, Use and Design Standazds, for those specific uses. 1. Civic Uses Religious Assembly Utility Services, Major 2. Off ce Uses Laboratories 3. Commercial Uses Commercial Indoor Sports and Recreation Supp. No. 5 1$30 APPENDIX A-ZONING ORDINANCE § 30-53-3 °,.. 4. Industrial Uses Landfill, Rubble 5. Miscellaneous Uses Broadcasting Zbwer Outdoor Gatherings (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 042799-11, § 2, 4-27-99) Sec. 30-53-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line. b. Accessory structures: Behind front building line. 2. Side yard: a. Principal structures: 10 feet on any one side, with a combined total on both sides of at least 25 feet. b. Accessory structures: 10 feet behind the front building line, or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C} Maximum height of structures. I. Height limitations: a. Principal structures: When adjoining property zoned R-1 or R-2, 45 feet, including rooftop mechanical equipment. The maximum height maybe increased, provided Supp. No. 5 1831 § 30-54-2 ROANOKE COUNTY CODE ~~ Funeral Services Garden Center Gasoline Station Hospital Hotel/MoteUMotor Lodge Kennel, Commercial Pawn Shop Personal Improvement Services Personal Services Restaurant, General Restaurant, Family Retail Sales Studio, Fine Arts Veterinary HospitaUClinic 5. Industrial Uses Recycling Centers and Stations * 6. Miscellaneous Uses Amateur Radio Tower Parking Facility (B) The following uses are allowed only by Special Use Permit pursuant to Section 30-19. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article N, Use and Design Standards, for those specific uses. 1. Civic Uses Adult Care Residences Halfway House Life Care .Facility . Nursing Home Religious Assembly Utility Services, Major * 2. Commercial Uses Automobile Dealership, Used * . Automobile Repair Services, Major Car Wash Supp. No. 5 1834 APPENDIX A-ZONING ORDINANCE § 30-54-3 •- Commercial Indoor Amusement Convenience Store * Dance Hall Equipment Sales and Rental Manufactured Home Sales Mini-warehouse Recreational Vehicle Sales and Service Restaurant, Drive-in and Fast Food Surplus Sales Truck Stop 3. Industrial Uses Custom Manufacturing Landfill, Rubble * Transportation Terminal 4. Miscellaneous Uses Broadcasting Tower Outdoor Gatherings (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 022796-14, § 1, 2-27-96; 042297-i4, § 1, 4-22-97; Ord. No. 042799-11, § 2, 4-27-99) Sec. 30-54-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Ilse and Design Standards_ (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback requirements. I. Front yard: a. Principal structures: 30 feet, or 20 feet when all. parking is located behind the front building line. Supp. No. 5 1835 1 'a ACTION NO. ITEM NO. T ~~ S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 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. CAPITAL IMPROVEMENTS PROGRAM (CIP) ADVISORY COMMITTEE (Appointed by District) Citizen representatives to the CIP Advisory Committee will serve one-year terms beginning September 1, 2003 and expiring August 31, 2004. The district representative for Catawba needs to be appointed. 2. GRIEVANCE PANEL The three-year terms of King Harvey and Karen Ewell, alternate members, will expire on October 28, 2003. 3. HANGING ROCK BATTLEFIELD AND RAILWAY PRESERVATION FOUNDATION The three-year term of Pete Haislip, Director, Parks, Recreation & Tourism Department, will expire on October 25, 2003. 4. INDUSTRIAL DEVELOPMENT AUTHORITY The four-year term of Carole Brackman, Catawba Magisterial District, will expire on September 26, 2003. i 5. VIRGINIA WESTERN COMMUNITY COLLEGE BOARD Mr. John P. Frye, Jr., who was appointed to a four-year term expiring on June 30, 2007, has notified the Board that he will be unable to serve in this capacity due to other business commitments. .,~ I ~ `~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2003 RESOLUTION 092303-2 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 September 23, 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 -September 9, 2003 2. Confirmation of committee appointment to the Industrial Development Authority 3. Request to accept water and sanitary sewer facilities serving Orchard Park, Section 4 4. Resolution of appreciation upon the retirement of Sandra K. Sutherland, Social Services Department, after twenty-two years of service 5. Request to accept and appropriate grant in the amount of $7,275 from the State Department of Education for the adult literacy and basic education program 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: 1 w AYES : Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: Brenda J. Ho on, CMC Deputy Clerk cc: File Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Paul Mahoney, County Attorney Joe Sgroi, Director, Human Resources Dr. Betty McCrary, Director, Social Services Sheriff Gerald Holt Rebecca Owens, Director, Finance 2 September 9, 2003 783 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 September 9, 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 September, 2003. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:03 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 Pastor Joe Coppolo, Glad Tidings Assembly of God. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS a September 9, 2003 785 WHEREAS, Mr. Guthrie received the National Little League Volunteer of the Year Award for the Little League's District 12 that reaches across southwest Virginia in 1998; and WHEREAS, Mr. Guthrie has been a positive influence on the children of Roanoke County by fostering teamwork and sportsmanship through his management of Roanoke County's organized youth team sports; and WHEREAS, Mr. Guthrie has served with professionalism and integrity, and through his employment with Roanoke County, has been instrumental in improving the quality of life and safety 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 HOWARD R. GUTHRIE for thirty 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 and success as he continues to coach youth baseball. 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 2. Certificate of recognition to Roanoke County Schools for being selected one of the best 100 Communities for Music Education in America in 2003. Chairman McNamara presented the certificate of recognition to Dr. Lorraine Lange, Assistant Superintendent, and Greg Denton, Coordinator of Fine Arts. IN RE: NEW BUSINESS 1. Request for approval of revisions to the Roanoke County Employee Handbook. (Joe Sgroi, Director of Human Resources) A-090903-2 September 9, 2003 787 handbook is available on the County's Intranet website and available to all employees with access to a personal computer. In addition to the handbook, employees have immediate and easy access to information on the Intranet such as detailed benefit reports, training schedules, and a list of frequently asked human resources related questions and answers. These communication efforts give employees ready access to human resources information and provide a cost savings to the County by reducing the volume of printed materials. Supervisor Minnix referenced page 40, paragraph B, in the handbook and inquired if employee counseling sessions are documented. Mr. Sgroi advised that counseling sessions are not part of an employee's permanent file. It was noted that a written reprimand is necessary to begin documentation in the personnel file. Mr. Sgroi confirmed that these records remain active for 24 months. Supervisor Minnix also questioned how thoroughly the handbook is reviewed with new employees. Mr. Sgroi stated that regular monthly orientation sessions are held for new employees, and approximately one hour of this training is used to highlight the employee handbook. Supervisor Church thanked the Human Resources Department for their work. Supervisor McNamara noted that he did not see a reference to dress code and questioned if this has been an area of concern in the past. Mr. Sgroi advised that there is a portion of the handbook which addresses appropriate attire. e September 9, 2003 78(~ IN RE: CONSENT AGENDA R-090903-3 Supervisor McNamara moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 090903-3 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 September 9, 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 4, inclusive, as follows: 1. Approval of minutes -August 22 and August 26, 2003 2. Request to appropriate grant in the amount of $48,500 for the TANF hard to serve grant program in the Department of Social Services 3. Request to appropriate dual enrollment net revenues in the amount of $1,215.50 to the Roanoke County Schools instructional program 4. Request to transfer a 1975 GMC step van to the County of Appomattox Sheriffs Office for the fee of $1.00 That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor McNamara to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: REQUESTS FOR PUBLIC HEARINGS 1. Request to hold a public hearing on September 23 regarding the issuance of bonds through the Virginia Resources Authoritv September 9, 2003 791 noted that this is an area that is regulated by federal law and local governments have no authority in this regard. Mr. Church requested that Mr. Mahoney contact the City of Salem to confirm if they have such an ordinance. (2) He notified the citizens on Harborwood Road that he is working to resolve their safety concerns regarding horse trailers on the road. (3} He conveyed sympathy to Anita Hassell, Assistant Director of Human Resources, upon the death of her husband. Supervisor Altizer: (1) He advised Mr. Hodge that the drains on Horsepen Mountain Drive are still clogged with sand and it has been three weeks since it was requested that these be cleaned. He questioned if this was the County's responsibility or the Virginia Department of Transportation (VDOT). Mr. Hodge advised that this is a VDOT issue and that staff has contacted VDOT with a request to clean the drains. He advised that staff will follow up with VDOT again concerning this matter. Supervisor Altizer also requested that Mr. Hodge contact Roanoke City and advise him when the Roanoke City drains in that area will be cleaned. Supervisor McNamara: (1) He notified citizens that the Household Hazardous Waste Collection Day will be held on Saturday, September 13 from 9:00 a.m. - 2:00 p.m. at the Roanoke Civic Center. (2) He advised citizens that a series of community meetings regarding the proposed regional water and wastewater authority have been scheduled. Citizens interested in attending may contact the Clerk's Office at 772-2005 for the meeting schedule. 6 September 9, 2003 793 Mr. Hodge noted that the community meetings regarding the proposed regional water and wastewater authority will begin on Thursday, September 11. The meetings will begin at 6:00 p.m. and display tables will be available for citizens to gather information and ask questions regarding legal, financial, and operational issues related to the proposed authority. Citizens will be encouraged to submit written questions that will be addressed in the presentation portion of the meeting which begins at 7:00 p.m. The presentation will be followed by a question and answer session. Supervisor Minnix noted that while Roanoke County and the City of Roanoke will be conveying assets to the authority, the authority will be assuming the debt responsibility. Supervisor Church advised that the authority is not "a done deal" and much negotiating remains to be done. Mr. Mahoney reviewed the proposed articles of incorporation with the Board and requested input on issues such as membership on the authority. He also requested input from the Board regarding the content of the operational agreement between Roanoke County and the City of Roanoke. He noted that issues such as growth management should be considered in drafting these documents. Supervisor Flora recommended that once the authority is implemented, Roanoke County staff and the Board of Supervisors should have the right to review requests for extensions of water lines in Roanoke County. 6 September 9, 2003 795 Mr. Hodge advised that the anticipated year-end surplus is $1.4 million and he recommended reserving these funds for the CIP. Specifically, he indicated that these funds could be used for the new public safety building. Ms. Owens advised that the preliminary, unaudited financial information indicates revenues in excess of budget totaling $1,230,772. In addition, expenditure savings totaled $248,689 for a total increase in overall position from operations totaling $1,479,461. She stated that general fund actual revenues were $2,483,641 over budget and of that amount: (1) $119,000 is designated revenue for an economic development incentive for Wal-Mart. (2) $27,122 is designated revenue for Courthouse fees for maintenance as stipulated by state code. (3) $396,483 is designated revenue for rescue fees which were above budget estimates. (4) $230,463 is committed for the HP migration project. (5) $103,801 is committed for the purchase of touch screen voting machines. (6) $376,000 is committed for the purchase of equipment and additional staffing to expand the bulk and brush collection service. After these adjustments are made, revenues exceeding budget total $1,230,772. Supervisor McNamara questioned what the excess $396,483 in rescue fees would be used to fund. Mr. Hodge responded that these revenues were designated by the Board to be used for fire and rescue. Supervisor McNamara questioned if this was for buildings. Mr. Hodge advised that this could include personnel, equipment, or buildings. Staff is recommending that this amount be used to fund the capital improvements program (CIP), which includes the new public safety September 9, 2003 797 Mr. Robertson reviewed the year-end revenue summary and noted that revenues increased in the last quarter, particularly in the areas of sales tax, meals tax, and business license tax. He advised that original revenue estimates were conservative, and fiscal year 2002-2003 actual revenues were $125,703,429 compared to budgeted revenues of $123,215,858. The total unaudited revenue surplus is $2,483,641. IN RE: CLOSED MEETING The closed meeting was held from 5:45 p.m. until 6:10 p.m. IN RE: CERTIFICATION RESOLUTION R-090903-4 At 6:10 p.m., Supervisor Flora moved to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 090903-4 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: a .y i ACTION NO. A-092303-2.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: September 23, 2003 AGENDA ITEM: Confirmation of committee appointment to the Industrial Development Authority SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: INDUSTRIAL DEVELOPMENT AUTHORITY At the September 9, 2003 meeting, Supervisor Minnix nominated Neil A. Gallagher, Cave Spring Magisterial District, to serve an additional four-year term which will expire on September 26, 2007. STAFF RECOMMENDATION: It is recommended that the above appointment to the Industrial Development Authority be confirmed. 1 ..~ VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved Yes No Abs Mr. Flora ® ^ ^ Mr. Church ® ^ ^ Mr. Minnix ® ^ ^ Mr. Altizer ® ^ ^ Mr. McNamara ® ^ ^ cc: File Industrial Development Authority File 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: September 23, 2003 AGENDA ITEM: Confirmation of committee appointment to the Industrial Development Authority SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: INDUSTRIAL DEVELOPMENT AUTHORITY At the September 9, 2003 meeting, Supervisor Minnix nominated Neil A. Gallagher, Cave Spring Magisterial District, to serve an additional four-year term which will expire on September 26, 2007. STAFF RECOMMENDATION: It is recommended that the above appointment to the Industrial Development Authority be confirmed. ~~ ACTION NO. A-092303-2.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: September 23, 2003 AGENDA ITEM: Request to accept water and sanitary sewer facilities serving Orchard Park, Section 4 SUBMITTED BY: Gary Robertson Utility Director APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The developers of Orchard Park, Section 4, F & W Community Development Corporation, have requested that Roanoke County accept the deed conveying the water and sanitary sewer facilities serving the Orchard Park, Section 4 subdivision along with all necessary easements. The water and sanitary sewer facilities are installed, as shown on plans prepared by Lumsden Associates, PC entitled Orchard Park, Section 4, which is 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 $19,590 and $24,520.00 respectively. 1 t STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Orchard Park, Section 4 subdivision along with all necessary easements, and authorize the County Administrator to execute a deed for the transfer of these facilities. VOTE: Supervisor McNamara 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 Gary Robertson, Director, Utility Paul Mahoney, County Attorney 2 ,, r . ` ACTION NO. ITEM NO. ~ -3 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: September 23, 2003 Request to accept water and sanitary sewer facilities serving Orchard Park, Section 4 Gary Robertson Utility Director Elmer C. Hodge ~'~- County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The developers of Orchard Park, Section 4, F & W Community Development Corporation, have requested that Roanoke County accept the deed conveying the water and sanitary sewer facilities serving the Orchard Park, Section 4 subdivision along with all necessary easements. The water and sanitary sewer facilities are installed, as shown on plans prepared by Lumsden Associates, PC entitled Orchard Park, Section 4, which is 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 $19,590 and $24,520.00 respectively. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Orchard Park, Section 4 subdivision along with all necessary easements, and authorize the County Administrator to execute a deed for the transfer of these facilities. ." . , '~ .r ROAN ~ OKE f~~~% ~ BOTETOURT COUNTY .~ / o COUNTY \~~, ,~ .~ .~- ,~ '9 F~~ AF,a ~` ~-~`K~e~~~`GP~a9, G, a,~ ,F3" :. ~ ~a ta3'1 it c~ O \wr ~g3 Sr • ~: ` :~ ~` \ ~ ~, f ` Y, , i . ~t~ ,i ~~~ ~\ y Usti ` .. , '~ir.\ p~ ~ . ury ~ ~• ~. 5 ! ~ k ~ i '1•~, 9 ~ \ ",,nn ~=- 6" WATER LINE ' ~ ' ~ / ~ .off ~?`"qh~' . ~ cp Cr ~9. ;~ ~~~ ~~ P i ~' 0 yE' \ ` ~ y F~. ~l~r E. •~`--`'', - ~ i ~~~ ``~\ •~"•~ye g» WATERLfNE ~~~ i~p. jkt -tip f• ~y~'~~'°~'rL' ~ s~ ~ ~r ~t C• ` 'l%/Y ~~p~ f,L 5f. ~ 'rc• ~ fi ~ ,. ot^. ~1 ?`~ F• s ~ .~~.• i~'e~' ~w`:J1• j% ~, ' -•~~.. ~ `Q4 ~' ~~ ~`g~'^ :''tt~~ i. • .~~.. 1..'9\cb. ~'J riol.~ yY~r,~`•~. ',..., ? f:~j ~. . ,~, ~: ~ ~` '~~. ~~. ~s~~~'`_~ SEWER 4~$n; ~ 1 F., •r ~ .S.s. t ~- V'.h~ ~~. ~ ., R®~®~ COUNTY ORCHARD PARK, SECTION 4 • UTILITY I)EFARTN.CElVT . • Acceptance of water and sanitary sewer facilities r ~ ' ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2003 RESOLUTION 092303-2.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF SANDRA K. SUTHERLAND, DEPARTMENT OF SOCIAL SERVICES WHEREAS, Sandra K. Sutherland was employed by Roanoke County on December 1, 1980, as an Eligibility Worker in the Department of Social Services; and WHEREAS, Ms. Sutherland retired as a Customer Service Representative from Roanoke County on September 1, 2003, after twenty-two years and nine months of service; and WHEREAS, Ms. Sutherland has exhibited great flexibility in providing an array of social services, and was very empathic with her clients; and WHEREAS, Ms. Sutherland was always a citizen advocate and was compassionate and caring about her clients' situation while striving to find resources to meet their needs; and WHEREAS, Ms. Sutherland has served with professionalism and integrity, and through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke 1 ,.- County to SANDRA K. SUTHERLAND for more than twenty-two 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. 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 COPY TESTE: Brenda J. H ton, CMC Deputy Clerk cc: File Resolution of Appreciation File Joe Sgroi, Director, Human Resources Dr. Betty McCrary, Director, Social Services 2 ACTION NO. ITEM NO. J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 2003 AGENDA ITEM: Request for approval of resolution of appreciation upon the retirement of Sandra K. Sutherland, Social Services Department, after twenty-two years of service SUBMITTED BY: Brenda J. Holton Deputy Clerk to the Board APPROVED BY: Elmer C. Hodge E County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Human Resources Department has notified us that Sandra K Sutherland, Social Services Department, retired on September 1, 2003. Ms. Sutherland advises that she will be unable to attend a Board meeting and requested that the resolution be mailed. STAFF RECOMMENDATION: It is recommended that the Board approve the attached resolution and direct the Deputy Clerk to mail it to Ms. Sutherland with the appreciation of the Board members for her many years of service to the County. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2003 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF SANDRA K. SUTHERLAND, DEPARTMENT OF SOCIAL SERVICES WHEREAS, Sandra K. Sutherland was employed by Roanoke County on December 1, 1980, as an Eligibility Worker in the Department of Social Services; and WHEREAS, Ms. Sutherland retired as a Customer Service Representative from Roanoke County on September 1, 2003, after twenty-two years and nine months of service; and WHEREAS, Ms. Sutherland has exhibited great flexibility in providing an array of social services, and was very empathic with her clients; and WHEREAS, Ms. Sutherland was always a citizen advocate and was compassionate and caring about her clients' situation while striving to find resources to meet their needs; and WHEREAS, Ms. Sutherland has served with professionalism and integrity, and through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke 1 County to SANDRA K. SUTHERLAND for more than twenty-two 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. 2 ACTION NO. A-092303-2.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: September 23, 2003 AGENDA ITEM: Request to accept and appropriate grant in the amount of $7,275 from the State Department of Education for the adult literacy and basic education program SUBMITTED BY: APPROVED BY: Gerald S. Holt Sheriff Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Grant funding approval has been received from the State Department of Education for the adult literacy and basic education/GED program operated by Roanoke City Schools and administered by TAP -This Valley Works, under the auspices of the Roanoke County/City of Salem jail facility. The funding period is from July 1, 2003 through June 30, 2004. The total funding is in the amount of $7,275. Matching funds in the amount of $14,299 are required and will be supplied from the Sheriff's Office inmate sub-fund. Acceptance of this grant will require no additional funding from the Board of Supervisors. FISCAL IMPACT: None. Matching funds are available in the Sheriff's Office budget. ALTERNATIVES: 1. Accept and appropriate grant in the amount of $7,275 from the State Department of Education for the adult literacy and basic education program. 2. Do not accept and appropriate grant in the amount of $7,275 from the State Department of Education for the adult literacy and basic education program. STAFF RECOMMENDATION: Staff recommends Alternative #1. VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved Yes No Abs Mr. Flora ® ^ ^ Mr. Church ® ^ ^ Mr. Minnix ® ^ ^ Mr. Altizer ® ^ ^ Mr. McNamara ® ^ ^ cc: File Sheriff Gerald Holt Rebecca Owens, Director, Finance 2 ~ 5 ACTION NO. ITEM NO. J ~ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 2003 AGENDA ITEM: Request to accept and appropriate grant in the amount of $7,275 from the State Department of Education for the adult literacy and basic education program SUBMITTED BY: APPROVED BY: Gerald S. Holt Sheriff Elmer C. Hodge ~H County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Grant funding approval has been received from the State Department of Education for the adult literacy and basic education/GED program operated by Roanoke City Schools and administered by TAP -This Valley Works, under the auspices of the Roanoke County/City of Salem jail facility. The funding period is from July 1, 2003 through June 30, 2004. The total funding is in the amount of $7,275. Matching funds in the amount of $14,299 are required and will be supplied from the Sheriff's Office inmate sub-fund. Acceptance of this grant will require no additional funding from the Board of Supervisors. FISCAL IMPACT: None. Matching funds are available in the Sheriff's Office budget. ALTERNATIVES: 1. Accept and appropriate grant in the amount of $7,275 from the State Department of Education for the adult literacy and basic education program. 2. Do not accept and appropriate grant in the amount of $7,275 from the State Department of Education for the adult literacy and basic education program. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION NO. ITEM NO. L' ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 2003 AGENDA ITEM: Proposed Amendment to the Roanoke County Charter SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: During the 2003 Session of the Virginia General Assembly, Roanoke County requested an amendment to the Roanoke County Charter authorizing the levy of a local tax on cigarettes and tobacco products. This measure was defeated. Staff would once again like to bring this matter to the General Assembly. This report requests Board concurrence to schedule this Charter amendment public hearing. Sec. 15.2-202 of the State Code sets out the procedure for a locality to request an amendment to its existing Charter. The locality must publish in a newspaper of general circulation the text or an informative summary of the Charter amendment. This publication must also provide at least ten days notice of the time and place of a hearing on this Charter amendment. Upon completion of the public hearing and adoption of the amendments the locality may request the General Assembly to grant it an amendment to its existing Charter. Staff proposes that the Charter amendment public hearing be scheduled for October 28, 2003, at 7:00 p.m. The notice will be published in the Roanoke Times and World News on October 14, 2003. ALTERNATIVES: Publish and schedule a public hearing for a Charter amendment seeking authority to levy a cigarette and tobacco tax. 2. Don't publish and schedule a public hearing for a Charter amendment seeking ' w authority to levy a cigarette and tobacco tax. STAFF RECOMMENDATION: Staff recommends that the Board authorize the publication of this proposed Charter amendment on October 14, 2003, and schedule the public hearing on this Charter amendment for October 28, 2003. If this amendment is adopted by the Board after the public hearing, then staff will request a Charter bill amendment in the 2004 session of the Virginia General Assembly. AGENDA ITEM NO. ~' ~ ~ J 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, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given three (3) minutes to comment, whether speaking as an individual or representative. The Chairman 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 shat! 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^ 11~, ~OC~C1 ~ S ADDRESS ~ 7 ~ ~ PCF ~k)~ ~/li (M ~i~ ~, PHONE (OPTIONAL): ~~ ~J~G 2J GROUP/ORGANIZATION: ti 6 • 0 0 The Pcrw rand Whisker research and grantsmanship far conservation and community based services Comments to the Board of Supervisor's September 23, 2003 Re: Proposed Methadone C/inic Good afternoon, my name is Annie Krochalis. I live nt 9428 Patterson Drive on Bent Mountain. As a clinical professional having worked in the valley for more than n quarter of a century, I agree with several concerns that have been expressed. I would not recommend methadone • treatment as a treatment of choice, and would recommend it be short term, hospital bused or with a physician on site. I understand the concerns expressed by community members and suggest that other locations be explored. I am here to speak in support of two voices that I heard at Inst night's meeting. Two voices that I believe may need support to be heard and considered. The first is a voice of leadership. Elmer Hodge spoke saying we should not simply block this facility, but should work toward finding a suitable location. He said he did not want to fail to provide services, "we are bigger than that". The second voice is representing the law. Country Attorney Paul Mahoney said that this facility has a legitimate lease, is appropriately zoned, and has "vested rights" concerning the property use. He stated that "courts disfavor localities that change the Inw mid-stream". I notice that there is an agenda item today that references "probable litigation" on this matter. I hope that we are not setting up the County for n lawsuit nt citizen's expense. I know that the voices of leadership and the law can lead to a place of negotiation, and not continue on a path driven by fear and anger. My concern is bused on the precedent this may set. I nm asking this Board to identify the decision criteria used in this decision, as this precedent may be one that others may want to reference on future matters of Innd use brought before the Board. Andrea Krochalis • annie krochalis Page 1 9/24/2003 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA of General Amount Fund Revenue Unaudited Balance at June 30, 2003 July 1, 2003 Explore Park Loan Repayment Balance at September 23, 2003 Changes below this line are for information and planning purposes only. Balance from above $8,977,656 6.60% $25,000 $9,002,656 6.62% $9,002,656 $9,002,656 6 Note: On December 18, 1990, the Board of Supervisors adopted a goal statement to maintain the General Fund Unappropriated Balance at 6.25% of General Fund Revenues 2003 - 2004 General Fund Revenues $135,971,831 6.25% of General Fund Revenues $8,498,239 Submitted By Rebecca E. Owens Director of Finance N-i Approved By Elmer C. Hodge ~ Ir- County Administrator N -~ CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Unaudited Balance at June 30, 2003 $360,172.56 Balance at September 23, 2003 $360,172.56 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge ,~~ County Administrator RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2003-2004 Original Budget $107,940.00 July 8, 2003 Appropriation towards Roanoke Regional Airport Alliance (8,193.00) July 22, 2003 Appropriation towards Project 50 Capital Campaign (10,000.00) July 22, 2003 Reserve towards Project 50 Capital Campaign (5,000.00) August 12, 2003 Appropriation for debris removal and stablilization (15,000.00) Balance at September 23, 2003 $69,747.00 Submitted By Rebecca E. Owens Director of Finance ~Y-3 Approved By Elmer C. Hodge ~~ County Administrator IN~~ FUTURE CAPITAL PROJECTS 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 FY 2003-2004 Original budget appropriation Less increase in debt service Balance at September 23, 2003 Reserved for Future School Onerations $670,000.00 1,113,043.00 2,000,000.00 321,772.00 2,000,000.00 2,000,000 (1,219,855) 780,145.00 495,363.00 2,000,000 (1,801,579) 198,421.00 2,000,000 (465,400) 116,594 1,651,194.00 2,000,000 (2,592,125) (592,125.00) 2,000,000 (2,202,725) (202,725.00) $8,435,088.00 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 July 1, 2002 School Budgeted Start-Up Costs HVHS/Glenvar Middle July 1, 2002 Transfer to Operating in origina12002-03 Budget July 1, 2003 Transfer to Operating in original 2003-04 Budget Balance at September 23, 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 Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge ~~ County Administrator N_5 September 23, 2003 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: Accounts Paid -August 2003 Rebecca E. Owens Director of Finance ACTION NO. ITEM NO. Elmer C. Hodge ~'~'F County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors Payroll 8/1 /2003 Payroll 8/15/2003 Payroll 8/29/2003 Manual Checks Voids Grand Total Direct Deposit $ - 860,992.66 806,500.01 779,550.47 Checks $ - 177,052.08 162, 762.11 152,553.48 1,062.59 Total $ 4,494,227.24 1,038,044.74 969,262.12 932,103.95 1,062.59 $ 7,434,700.64 ~~~ °O ° n ~ ° :+ ~ w v i ~ o o p D c ~ ~ °+ N ~ ~ [~ ~ ~ N C y ~ C e 7 N .~ ti o ~ ~ ~ ~ ~ m ~o ~ rn A m a p CO C b0 L d .~ O C 0 a ~ 0 ., C O U ~ N z N L%, ~ 9 d ~ y E ~ C u C ~ C ~ u u G d ~ .°J.. 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C O O 7 G 7 W N1 O y M N O O N N O u 1-i (M1. W V] fi ~ ~ A c ~ ° D °e ~ ~ C W m 8,a ~ ~ r m I '- g N _ 4` d P1 d O e ' ~ ~ a O 0 L ~ y ~ O ~ d a ~. d R ~C .~ v O C 0 a w a ~. O U N d '~ u d C L C ca .7 m d R ~ y 7 a~+ ~ L G ~ ~ ~ a M N ~ = d C G O d ~ a b G W .d 'C a s 0 N O d s 0 w d s c 0 w L Y C d O O 9 C Q ~ M M M w z N 4. ~ ACTION N ITEM NUMBER - I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: September 23, 2003 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of August 31, 2003. SUMMARY OF INFORMATION: BANKERS ACCEPTANCE: SUNTRUST CAP 1,206,031.40 1,206,031.40 CASH INVESTMENT:: ALEXANDER KEY - LIR 5,295.77 5,295.77 CERTIFICATE OF DEPOSITS: SOUTHWEST VIRGINIA SAVINGS & LOAN 100,000.00 100,000.00 COMMERICAL PAPER: ALEXANDER KEY FED 1,995,500.00 BRANCH BANKING & TRUST 997,925.00 EVERGREEN 3,269,022.78 6,262,447.78 CORPORATE BONDS ALEXANDER KEY FED 222,370.42 EVERGREEN 1,798,593.35 2,020,963.77 GOVERNMENT: ALEXANDER KEY FED 7,995,575.56 ALEXANDER KEY -Sub Acct 3,921,174.00 EVERGREEN 7,784,843.27 MORGAN KEEGAN 2,000,000.00 SUNTRUST -CAP 9,669,614.77 31,371,207.60 LOCAL GOVT INVESTMENT POOL: GENERAL OPERATION (G.O.) 9,022,219.70 9,022,219.70 N- `~ MONEY MARKET: ALEXANDER KEY FED 21,202,815.57 EVERGREEN (749,575.01) FIRST UNION 2,296,679.66 ALEXANDER KEY -Sub Acct 407,409.00 SUNTRUST -CAP 4,250,450.53 SUNTRUST -SWEEP 5,779,551.65 33,187,331.40 REPURCHASE AGREEMENT: EVERGREEN 1,243,491.00 1,243,491.00 TOTAL 84,418,988.42 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2003 RESOLUTION 092303-3 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 COPY TESTE: ~-- Brenda J. H ton, CMC Deputy Clerk cc: File Closed Meeting File R-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2003 RESOLUTION 092303-4 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF THE COUNTY OF ROANOKE, VIRGINIA, SEWER REVENUE BOND, SERIES 2003, IN THE MAXIMUM PRINCIPAL AMOUNT OF $11,300,000, AND SETTING FORTH THE FORM, DETAILS AND PROVISIONS FOR THE PAYMENT THEREOF RECITALS A. The Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and desirable to issue its Sewer Revenue Bond, Series 2003, in the maximum principal amount of $11,300,000 (the "Bond"), and to use the proceeds thereof, along with other available funds, if any, to (i) finance the County's portion of upgrades to the Roanoke Regional Wastewater Treatment Facility and (ii) pay the costs of issuance of the Bond (the "Project"). B. On September 23, 2003, the Board held a public hearing on the issuance of the Bond in accordance with the requirements of Section 15.2-2606 of the Code of Virginia of 1950, as amended (the "Virginia Code"). C. The Bond will be sold by the County to the Virginia Resources Authority ("VRA), as administrator of the Virginia Water Facilities Revolving Fund, pursuant to the terms of a Financing Agreement (the "Financing Agreement") between the County and VRA, to be dated as of a date specified by VRA. D. The Bond will be issued as a "Parity Bond" as defined in the Financing Agreement dated as of December 1, 1996 (the "1996 Financing Agreement") between the County and the Virginia Water Facilities Revolving Fund, acting by and through VRA and the Financing Agreement dated as of February 1, 2000 (the "2000 Financing Agreement") between the County and VRA. The Bond will be secured by a pledge of the revenues (as more particularly defined in the Financing Agreement, the "Revenues") derived by the County from the ownership and operation of its wastewater system (as more particularly defined in the Financing Agreement, the "System"). The Bond will be secured on parity with the County's outstanding Sewer Revenue Bond, Series 1996 the "1996 Bond") and Sewer Revenue Bond, Series 2000 (the "2000 Bond"), with respect to the pledge of Revenues. E. The foregoing arrangements will be reflected in the Financing Agreement, a form of which has been presented to this meeting and filed with the County's documents. NOW, THEREFORE, be it resolved by the Board of Supervisors of the County of Roanoke, Virginia that: -1- 1. Election to Proceed Under Public Finance Act of 1991. The Board hereby elects to issue the Bond under the provisions of the Public Finance Act of 1991, Chapter 26, Title 15.2 of the Virginia Code (the "Public Finance Act") without regard to the requirements, restrictions or other provisions contained in the Charter of the County. 2. Authorization of Bond and Use of Proceeds. The Board hereby finds and determines that it is advisable and in the best interest of the County to contract a debt and to issue the Bond in the maximum principal amount of $11,300,000, and to award and sell the Bond to VRA, all pursuant to the Public Finance Act and the terms of this Resolution and the Financing Agreement. Such issuance, award and sale of the Bond are hereby authorized and approved. The Bond shall be known as the "County of Roanoke, Virginia, Sewer Revenue Bond, Series 2003." The proceeds from the issuance and sale of the Bond shall be used, together with other available funds, if any, to pay the costs of the Project. 3. Details of Bond. The Bond shall be issued as a single bond in fully registered form and shall be dated the date of its issuance and delivery. The County Administrator is authorized and directed to determine and approve all of the other final details of the Bond, including without limitation, the maximum principal amount authorized to be advanced thereunder, the interest rate, the maturity or payment dates and amounts and the final maturity date; provided, however, that (i) the maximum principal amount authorized to be advanced under the Bond shall not exceed $11,300,000, (ii) the interest rate on the Bond shall not exceed three and seventy-five hundredths percent (3.75%) per annum, (iii) the Bond shall have a substantially level maturity or payment schedule from and after the date on which the first payment of principal is due thereunder, and (iv) the final maturity date of the Bond shall be no later than December 31, 2026. The County Administrator's approval of such details shall be evidenced conclusively by the due execution and delivery to VRA of the Bond on the County's behalf. 4. Pledge of Revenues. The Bond shall be a limited obligation of the County and, except to the extent payable from the proceeds of the sale of the Bond or the income, if any, derived from the investment thereof, is payable exclusively from the Revenues of the System which the County hereby pledges to the payment of the principal of and interest on the Bond pursuant to the terms of the Financing Agreement. The Bond will be issued as a Parity Bond as defined in the 1996 Financing Agreement and 2000 Financing Agreement, and will be secured on parity with the 1996 Bond and the 2000 Bond with respect to the pledge of Revenues. Neither the Commonwealth of Virginia nor any of its political subdivisions, including the County, shall be obligated to pay the principal of or interest on the Bond or other costs incident to it except from the revenues and any other money or property pledged for such purpose, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any of its political subdivisions, including the County, is pledged to the payment of the principal of or interest on the Bond or other costs incident to it. The issuance of the Bond does not directly, indirectly or contingently obligate the Commonwealth of Virginia or any of its political subdivisions, including the County, to levy any taxes for the payment of the Bond. -2- 5. Form of Bond. The Bond shall be in substantially the form attached as Exhibit A to the Financing Agreement, with such variations, insertions or deletions as may be approved by the Chairman of the Board (the "Chairman") or the Vice Chairman of the Board (the "Vice Chairman"). There may be endorsed on the Bond such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 6. Evidence of Approval. The Chairman's or Vice Chairman's approval or determination of all of the details and provisions of the Bond that he has been authorized and/or directed to approve under this Resolution shall be evidenced conclusively by his execution and delivery of the Bond on the County's behalf. 7. Redemption of Bond. The Bond shall be subject to optional redemption at the direction of the County, without penalty or premium, in whole or in part, at any time, upon the terms set forth in the Bond and the Financing Agreement. 8. Execution and Delivery of Bond. The Chairman or Vice Chairman is authorized and directed to execute the Bond. The Clerk of the Board (the "Clerk") or the Deputy Clerk of the Board (the "Deputy Clerk") is authorized and directed to affix the seal of the County to the executed Bond and to attest it and then to deliver the Bond or cause the Bond to be delivered to VRA upon payment of the first principal advance thereunder. An authorized representative of VRA shall enter the amount and date of each principal advance as provided in the Certificate of Advances attached to the Bond when the proceeds of such advance are delivered to the County. 9. Registration Transfer and Exchange. The Board appoints the Chief Financial Officer as its registrar and transfer agent to keep books for the registration and transfer of the Bond and to make such registrations and transfers on such books under such reasonable regulations as the County may prescribe. Upon surrender for transfer or exchange of the Bond at the office of the Chief Financial Officer, the County shall cause the execution and delivery in the name of the transferee or registered owner, as applicable, of a new Bond for a principal amount equal to the Bond surrendered and of the same date and tenor as the Bond surrendered, subject in each case to such reasonable regulations as the County may prescribe. If surrendered for transfer, exchange, redemption or payment, the Bond shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the Chief Financial Officer, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. A new Bond delivered upon any transfer or exchange shall be a valid limited obligation of the County, evidencing the same debt as the Bond surrendered and shall be entitled to all of the security and benefits of this Resolution to the same extent as the Bond surrendered. -3- 10. Charges for Exchange or Transfer. No charge shall be made for any exchange or transfer of the Bond, but the Chief Financial Officer may require payment by the holder of the Bond of a sum sufficient to cover any tax or any other governmental charge that may be imposed in relation thereto. 11. Mutilated, Lost, Stolen or Destroyed Bond. If the Bond has been mutilated, lost, stolen or destroyed, the County shall execute and deliver a new Bond of like date and tenor in exchange and substitution for, and upon delivery to the Chief Financial Officer and cancellation of, such mutilated Bond, or in lieu of and in substitution for such lost, stolen or destroyed Bond; provided, however, that the County shall execute, authenticate and deliver a new Bond only if its registered owner has paid the reasonable expenses and charges of the County in connection therewith and, in the case of a lost, stolen or destroyed Bond (i) has filed with the Chief Financial Officer evidence satisfactory to him or her that such Bond was lost, stolen or destroyed and that the holder of the Bond was its registered owner and (ii) has furnished to the County indemnity satisfactory to the Chief Financial Officer. If the Bond has matured, instead of issuing a new Bond, the County may pay the Bond without surrender upon receipt of the aforesaid evidence and indemnity. 12. Approval of Financing Agreement. The Financing Agreement is approved in substantially the form presented to this meeting, with such changes, insertions or omissions as may be approved by the Chairman or Vice Chairman, whose approval shall be evidenced conclusively by the execution and delivery of the Financing Agreement on the County's behalf, and the Chairman or Vice Chairman is authorized to complete the Financing Agreement with the final terms and details of the Bond as determined pursuant to paragraph 3. The Chairman or Vice Chairman is authorized to execute and deliver the Financing Agreement and such other documents and certificates as such officer may consider necessary in connection therewith. 13. Further Actions; Authorized Representative. The Chairman, the County Administrator and the Chief Financial Officer and such officers and agents of the County as may be designated by any of them are authorized and directed to take such further actions as they deem necessary regarding the issuance and sale of the Bond and the execution, delivery and performance of the Financing Agreement, including, without limitation, the execution and delivery of closing documents and certificates. All such actions previously taken by such officers and agents are ratified and confirmed. The Chairman, County Administrator and the Chief Financial Officer are designated the County's Authorized Representatives for purposes of the Financing Agreement. 14. Filing of Resolution. The County Attorney is authorized and directed to file a certified copy of this Resolution with the Circuit Court of the County of Roanoke, Virginia, pursuant to Sections 15.2-2607 and 15.2-2627 of the Virginia Code. 15. Effective Date. This Resolution shall take effect immediately. -4- On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: File Diane D. Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Paul M. Mahoney, County Attorney Gary Robertson, Director, Utility I hereby certify that the foregoing is a true and correct copy of Resolution 092303-4 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, September 23, 2003. Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors -5- 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: September 23, 2003 AGENDA ITEM: Public hearing and request to adopt a resolution for the issuance of bonds through the Virginia Resources Authority (VRA) for an amount not to exceed $11,300,000 for improvements to the wastewater treatment facility and appropriation of funds SUBMITTED BY: Diane D. Hyatt Chief Financial Officer APPROVED BY: Elmer C. Hodge ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The City of Roanoke is in the process of making additional improvements to the wastewater treatment facility. The costs of these improvements are currently estimated to be $47,600,000, including construction, engineering, land and easements. The five participating localities (City of Roanoke, Roanoke County, Botetourt County, City of Salem, and Town of Vinton) will share in the cost of the upgrade. Roanoke County's share is currently estimated to be $11.3 million. The County has been approved for a subsidized loan from the Virginia Water Quality Revolving Fund, to be issued through the Virginia Resources Authority. The bonds will be for athirty-year term, with an interest rate of 3.75%. As part of the bond sale process, the County is required to hold a public hearing on the issuance of these bonds, and then adopt a resolution authorizing the sale of the bonds. ~.. FISCAL IMPACT: The first debt payment will be due October 2006, which is six months after the anticipated completion date. Accumulated interest expense will be due at this time; however, we will need to accrue and expense interest expense on an annual basis. This first principal payment will be due April 2007. Annual payments from that point forward will be $821,460. Based upon an estimated County portion of construction costs of $9 million, the Board approved and implemented the first sewer rate increase of 8.36% effective September 1, 2002. It was anticipated that the Board would approve a second sewer rate increase of 8.36% effective January 1, 2004. This increase is still needed; however with the pending Authority formation, it can be delayed until July 1, 2004, and factored into the new rates for the Authority. If the Authority is not formed, the County will need an additional sewer rate increase July 1, 2004. In addition, because the County portion of the construction cost has now increased to $11.3 million, an additional sewer rate increase (estimated at 3%) will be needed in 2007-08, when the full debt service payments begin. There will be some expenses that do not qualify for reimbursement through the loan program (such as easement acquisition). There is approximately $550,000 of County sewer funds remaining in the capital account for the completed phases of the wastewater treatment facility upgrade. These funds can be appropriated to this new upgrade and used to pay for these non-qualifying expenses. STAFF RECOMMENDATION: At the conclusion of the public hearing, staff recommends the following: Adopt the attached resolution that authorizes the issuance of up to $11.3 million in bonds through the Virginia Resources Authority. 2. Appropriate $11,300,000 of Bond Proceeds to the Wastewater Treatment Facility Upgrade. 3. Appropriate any remaining funds from the earlier phases of the Wastewater Treatment Facility upgrade to this new upgrade. These funds are estimated to not exceed $550,000. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2003 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF THE COUNTY OF ROANOKE, VIRGINIA, SEWER REVENUE BOND, SERIES 2003, IN THE MAXIMUM PRINCIPAL AMOUNT OF $11,300,000, AND SETTING FORTH THE FORM, DETAILS AND PROVISIONS FOR THE PAYMENT THEREOF RECITALS A. The Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and desirable to issue its Sewer Revenue Bond, Series 2003, in the maximum principal amount of $11,300,000 (the "Bond"), and to use the proceeds thereof, along with other available funds, if any, to (i) finance the County's portion of upgrades to the Roanoke Regional Wastewater Treatment Facility and (ii) pay the costs of issuance of the Bond (the "Project"). B. On September 23, 2003, the Board held a public hearing on the issuance of the Bond in accordance with the requirements of Section 15.2-2606 of the Code of Virginia of 1950, as amended (the "Virginia Code"). C. The Bond will be sold by the County to the Virginia Resources Authority ("VRA), as administrator of the Virginia Water Facilities Revolving Fund, pursuant to the terms of a Financing Agreement (the "Financing Agreement") between the County and VRA, to be dated as of a date specified by VRA. D. The Bond will be issued as a "Parity Bond" as defined in the Financing Agreement dated as of December 1, 1996 (the "1996 Financing Agreement") between the County and the Virginia Water Facilities Revolving Fund, acting by and through VRA and the Financing Agreement dated as of February 1, 2000 (the "2000 Financing Agreement") between the County and VRA. The Bond will be secured by a pledge of the revenues (as more particularly defined in the Financing Agreement, the "Revenues") derived by the County from the ownership and operation of its wastewater system (as more particularly defined in the Financing Agreement, the "System"). The Bond will be secured on parity with the County's outstanding Sewer Revenue Bond, Series 1996 the "1996 Bond") and Sewer Revenue Bond, Series 2000 (the "2000 Bond"), with respect to the pledge of Revenues. E. The foregoing arrangements will be reflected in the Financing Agreement, a form of which has been presented to this meeting and filed with the County's documents. NOW, THEREFORE, be it resolved by the Board of Supervisors of the County of Roanoke, Virginia that: -1- 1. Election to Proceed Under Public Finance Act of 1991. The Board hereby elects to issue the Bond under the provisions of the Public Finance Act of 1991, Chapter 26, Title 15.2 of the Virginia Code (the "Public Finance Act") without regard to the requirements, restrictions or other provisions contained in the Charter of the County. 2. Authorization of Bond and Use of Proceeds. The Board hereby finds and determines that it is advisable and in the best interest of the County to contract a debt and to issue the Bond in the maximum principal amount of $11,300,000, and to award and sell the Bond to VRA, all pursuant to the Public Finance Act and the terms of this Resolution and the Financing Agreement. Such issuance, award and sale of the Bond are hereby authorized and approved. The Bond shall be known as the "County of Roanoke, Virginia, Sewer Revenue Bond, Series 2003." The proceeds from the issuance and sale of the Bond shall be used, together with other available funds, if any, to pay the costs of the Project. 3. Details of Bond. The Bond shall be issued as a single bond in fully registered form and shall be dated the date of its issuance and delivery. The County Administrator is authorized and directed to determine and approve all of the other final details of the Bond, including without limitation, the maximum principal amount authorized to be advanced thereunder, the interest rate, the maturity or payment dates and amounts and the final maturity date; provided, however, that (i) the maximum principal amount authorized to be advanced under the Bond shall not exceed $11,300,000, (ii) the interest rate on the Bond shall not exceed three and seventy-five hundredths percent (3.75%) per annum, (iii) the Bond shall have a substantially level maturity or payment schedule from and after the date on which the first payment of principal is due thereunder, and (iv) the final maturity date of the Bond shall be no later than December 31, 2026. The County Administrator's approval of such details shall be evidenced conclusively by the due execution and delivery to VRA of the Bond on the County's behalf. 4. Pledge of Revenues. The Bond shall be a limited obligation of the County and, except to the extent payable from the proceeds of the sale of the Bond or the income, if any, derived from the investment thereof, is payable exclusively from the Revenues of the System which the County hereby pledges to the payment of the principal of and interest on the Bond pursuant to the terms of the Financing Agreement. The Bond will be issued as a Parity Bond as defined in the 1996 Financing Agreement and 2000 Financing Agreement, and will be secured on parity with the 1996 Bond and the 2000 Bond with respect to the pledge of Revenues. Neither the Commonwealth of Virginia nor any of its political subdivisions, including the County, shall be obligated to pay the principal of or interest on the Bond or other costs incident to it except from the revenues and any other money or property pledged for such purpose, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any of its political subdivisions, including the County, is pledged to the payment of the principal of or interest on the Bond or other costs incident to it. The issuance of the Bond does not directly, indirectly or contingently obligate the Commonwealth of Virginia or any of its political subdivisions, including the County, to levy any taxes for the payment of the Bond. -2- 5. Form of Bond. The Bond shall be in substantially the form attached as Exhibit A to the Financing Agreement, with such variations, insertions or deletions as may be approved by the Chairman of the Board (the "Chairman") or the Vice Chairman of the Board (the "Vice Chairman"). There may be endorsed on the Bond such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 6. Evidence of Approval. The Chairman's or Vice Chairman's approval or determination of all of the details and provisions of the Bond that he has been authorized and/or directed to approve under this Resolution shall be evidenced conclusively by his execution and delivery of the Bond on the County's behalf. 7. Redemption of Bond. The Bond shall be subject to optional redemption at the direction of the County, without penalty or premium, in whole or in part, at any time, upon the terms set forth in the Bond and the Financing Agreement. 8. Execution and Delivery of Bond. The Chairman or Vice Chairman is authorized and directed to execute the Bond. The Clerk of the Board (the "Clerk") or the Deputy Clerk of the Board (the "Deputy Clerk") is authorized and directed to affix the seal of the County to the executed Bond and to attest it and then to deliver the Bond or cause the Bond to be delivered to VRA upon payment of the first principal advance thereunder. An authorized representative of VRA shall enter the amount and date of each principal advance as provided in the Certificate of Advances attached to the Bond when the proceeds of such advance are delivered to the County. 9. Registration, Transfer and Exchange. The Board appoints the Chief Financial Officer as its registrar and transfer agent to keep books for the registration and transfer of the Bond and to make such registrations and transfers on such books under such reasonable regulations as the County may prescribe. Upon surrender for transfer or exchange of the Bond at the office of the Chief Financial Officer, the County shall cause the execution and delivery in the name of the transferee or registered owner, as applicable, of a new Bond for a principal amount equal to the Bond surrendered and of the same date and tenor as the Bond surrendered, subject in each case to such reasonable regulations as the County may prescribe. If surrendered for transfer, exchange, redemption or payment, the Bond shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the Chief Financial Officer, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. A new Bond delivered upon any transfer or exchange shall be a valid limited obligation of the County, evidencing the same debt as the Bond surrendered and shall be entitled to all of the security and benefits of this Resolution to the same extent as the Bond surrendered. -3- 10. Charges for Exchange or Transfer. No charge shall be made for any exchange or transfer of the Bond, but the Chief Financial Officer may require payment by the holder of the Bond of a sum sufficient to cover any tax or any other governmental charge that may be imposed in relation thereto. 11. Mutilated, Lost, Stolen or Destroyed Bond. If the Bond has been mutilated, lost, stolen or destroyed, the County shall execute and deliver a new Bond of like date and tenor in exchange and substitution for, and upon delivery to the Chief Financial Officer and cancellation of, such mutilated Bond, or in lieu of and in substitution for such lost, stolen or destroyed Bond; provided, however, that the County shall execute, authenticate and deliver a new Bond only if its registered owner has paid the reasonable expenses and charges of the County in connection therewith and, in the case of a lost, stolen or destroyed Bond (i) has filed with the Chief Financial Officer evidence satisfactory to him or her that such Bond was lost, stolen or destroyed and that the holder of the Bond was its registered owner and (ii) has furnished to the County indemnity satisfactory to the Chief Financial Officer. If the Bond has matured, instead of issuing a new Bond, the County may pay the Bond without surrender upon receipt of the aforesaid evidence and indemnity. 12. Approval of Financing Agreement. The Financing Agreement is approved in substantially the form presented to this meeting, with such changes, insertions or omissions as may be approved by the Chairman or Vice Chairman, whose approval shall be evidenced conclusively by the execution and delivery of the Financing Agreement on the County's behalf, and the Chairman or Vice Chairman is authorized to complete the Financing Agreement with the final terms and details of the Bond as determined pursuant to paragraph 3. The Chairman or Vice Chairman is authorized to execute and deliver the Financing Agreement and such other documents and certificates as such officer may consider necessary in connection therewith. 13. Further Actions; Authorized Representative. The Chairman, the County Administrator and the Chief Financial Officer and such officers and agents of the County as may be designated by any of them are authorized and directed to take such further actions as they deem necessary regarding the issuance and sale of the Bond and the execution, delivery and performance of the Financing Agreement, including, without limitation, the execution and delivery of closing documents and certificates. All such actions previously taken by such officers and agents are ratified and confirmed. The Chairman, County Administrator and the Chief Financial Officer are designated the County's Authorized Representatives for purposes of the Financing Agreement. 14. Filing of Resolution. The County Attorney is authorized and directed to file a certified copy of this Resolution with the Circuit Court of the County of Roanoke, Virginia, pursuant to Sections 15.2-2607 and 15.2-2627 of the Virginia Code. 15. Effective Date. This Resolution shall take effect immediately. -4- Adopted this day of , 2003 Chairman Clerk -5- `_. R-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE, VIRGINIA SEWER REVENUE BOND, SERIES 2003 INTEREST RATE 3.75% 2003 REGISTERED OWNER: PRINCIPAL AMOUNT: MATURITY DATE 1, 20_ DATED DATE The COUNTY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"), for value received, promises to pay, solely from the revenues and other property pledged to the payment of this Bond, to the registered owner of this Bond or legal representative, the principal sum stated above, together with interest thereon at the annual rate stated above, as set forth below. This Bond shall be payable as follows. Interest only on amounts disbursed under this Bond shall be due and payable on 1, 20_. Commencing 1, 20_, and continuing semi-annually thereafter on and in each year, the principal of and interest on this Bond shall be payable in equal installments of $ , with a final installment of $ ,due and payable on 1, 20_, when, if not sooner paid, all amounts due hereunder shall be due and payable in full. Each installment shall be applied first to the interest due and payable on this Bond, and then to the principal. If principal advances up to $ are not made, the principal amount due on this Bond shall not include the unadvanced amount and shall be reduced as provided in the Financing Agreement (as defined below). If any installment of principal of and interest on this Bond is not paid to the registered owner of this Bond within ten days after its due date, the County shall pay to the registered owner of this Bond a late payment charge in an amount equal to five percent of the overdue installment. The principal of and interest on this Bond are payable in lawful money of the United States. -6- The principal balance of this Bond shall be equal to the principal amount stated above, less the aggregate amount of the payments and any prepayments of principal which may have been made on this Bond. No notation is required to be made on this Bond of the payment or prepayment of principal. HENCE, THE FACE AMOUNT OF THIS BOND MAY EXCEED THE PRINCIPAL SUM REMAINING OUTSTANDING AND DUE HEREUNDER. The issuance of this Bond has been duly authorized by the Board of Supervisors of the County by a resolution adopted September 23, 2003 (the "Resolution"), and is issued for the purpose of financing the Project (as defined in the Resolution). This Bond is a limited obligation of the County and, except to the extent payable from the proceeds of the sale of the Bond or the income, if any, derived from the investment thereof, is payable exclusively from the revenues (as more particularly defined in the Financing Agreement, the "Revenues") derived by the County from the ownership and operation of its wastewater system (as more particularly defined in the Financing Agreement, the "System"). This Bond has been issued as a "Parity Bond" as defined in the Financing Agreement dated as of December 1, 1996 (the "1996 Financing Agreement"), between the County and the Virginia Water Facilities Revolving Fund, acting by and through the Virginia Resources Authority ("VRA") and the Financing Agreement dated as of February 1, 2000 (the "2000 Financing Agreement") between the County and VRA. This Bond will be secured on parity with the County's outstanding Sewer Revenue Bond, Series 1996 (the "1996 Bond") and Sewer Revenue Bond, Series 2000 (the "2000 Bond"), with respect to the pledge of Revenues. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY OF ITS POLITICAL SUBDIVISIONS, INCLUDING THE COUNTY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THIS BOND OR THE OTHER COSTS INCIDENT TO IT EXCEPT FROM THE REVENUES AND ANY OTHER MONEY OR PROPERTY PLEDGED FOR SUCH PURPOSE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA OR ANY OF ITS POLITICAL SUBDIVISIONS, INCLUDING THE COUNTY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BOND OR OTHER COSTS INCIDENT TO IT. THE ISSUANCE OF THIS BOND DOES NOT DIRECTLY, INDIRECTLY OR CONTINGENTLY OBLIGATE THE COMMONWEALTH OF VIRGINIA OR ANY OF ITS POLITICAL SUBDIVISIONS, INCLUDING THE COUNTY, TO LEVY ANY TAXES FOR THE PAYMENT OF THIS BOND. This Bond is issued pursuant to the terms of the Resolution, a Financing Agreement dated as of 1, 2003 (the "Financing Agreement"), between the County and VRA, and the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2 of the Code of Virginia of 1950, as amended. The obligations of the County under this Bond shall terminate when all amounts due and to become due pursuant to this Bond have been paid in full. The County may issue additional bonds ranking on a parity with this Bond and the 1996 Bond and 2000 Bond with respect to the pledge of the Revenues under the terms of the Financing Agreement, the 1996 Financing Agreement and the 2000 Financing Agreement. -7- This Bond is subject to prepayment at the option of the County in whole or in part, without penalty, at any time, upon not less than ten days written notice to VRA, in accordance with the terms of the Financing Agreement. If an Event of Default (as defined in the Financing Agreement) occurs, the principal of this Bond may be declared immediately due and payable by the registered owner of this Bond by written notice to the County. This Bond may be transferred only by an assignment duly executed by the registered owner hereof or such owner's attorney or legal representative in form satisfactory to the Director of Finance, as registrar. Such transfer shall be made in the registration books kept by the Director of Finance, as registrar, upon presentation and surrender hereof. It is hereby certified and recited that all acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to the issuance of this Bond have happened, exist or been performed in due time, form and manner as so required and that the indebtedness evidenced by this Bond is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. -8- IN WITNESS WHEREOF, the Board of Supervisors of the County of Roanoke, Virginia, has caused this Bond to be signed, by the Chairman of the Board of Supervisors, the County's seal to be affixed and attested by the signature of the Clerk of the Board of Supervisors and this Bond to be dated the Dated Date. COUNTY OF ROANOKE, VIRGINIA By: Chairman, Board of Supervisors of the County of Roanoke, Virginia [SEAL] ATTEST: Clerk, Board of Supervisors of the County of Roanoke, Virginia -9- ,- r Certificate of Advances The principal sum payable under this Bond, not to exceed $ ,shall be an amount equal to the aggregate of all principal advances noted hereunder. The aggregate amount of all principal advances under this Bond shall be certified by an authorized representative of the registered owner of this Bond. Amount Date Authorized Signature 2003 -10- . • ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE OF ASSIGNEE.) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and does hereby irrevocably constitute and appoint attorney, to transfer said Bond on the books kept for registration of said Bond, with full power of substitution in the premises. Dated: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union or Savings Association which is a member of a medallion program approved by The Securities Association, Inc.) Registered Owner (Notice: The signature above must correspond with the name of the Registered Owner as it appears on the books kept for registration of this Bond in every particular, without alteration or change.) -11- -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2003 RESOLUTION 092303-5 AUTHORIZING THE ISSUANCE AND SALE OF A MAXIMUM AMOUNT OF $23,000,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $23,000,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the Board held a public hearing on September 23, 2003, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia of 1950, as amended (the "Virginia Code"). WHEREAS, the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds and has consented to the issuance of the Bonds. WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $22,000,000 is the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School Authority (the "VPSA") in connection with the sale of the Bonds. WHEREAS, the VPSA's objective is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration such factors as the amortization schedule the County has requested for the Bonds, the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of VPSA's bonds. WHEREAS, such factors may result in the Bonds having a purchase price other than par and consequently (i) the County may have to issue a principal amount of Bonds that is greater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Bonds set forth in section 1 below does not exceed the amount of the discount (plus an amount equal to the Proceeds Requested) the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in the aggregate principal amount not to exceed $23,000,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of VPSA to purchase from the County, and to sell to the VPSA, the Bonds at a price determined by the VPSA and accepted by the Chairman of the Board or the County Administrator and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into the Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2003" (or such other designation as the County Administrator may approve) shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 2004, at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. The Interest Payment Dates and the Principal Payment Dates are subject to change at the request of VPSA. 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be no more than ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six percent (6%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 2 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Paving Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) SunTrust Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2013, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2013 are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2013 and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2013 are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2013 upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2013 to July 14, 2014, inclusive ........................................... 101 July 15, 2014 to July 14, 2015, inclusive ........................................... 100.5 July 15, 2015 and thereafter .............................................................. 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such 3 other redemption provisions, including changes to the redemption dates set forth above, as may be requested by the VPSA. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. The manner of such execution may be by facsimile, provided that if both signatures are by facsimile, the Bonds shall not be valid until authenticated by the manual signature of the Paying Agent. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate; Non-Arbitrage Certificate. The Chairman of the Board and the County Administrator, or either of them and such officer or officers of the County as either may designate are hereby authorized and directed to execute aNon-Arbitrage Certificate, if required by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman of the Board, or either of them and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 4 12. Continuing Disclosure Agreement. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. 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: Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: File Diane D. Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Paul M. Mahoney, County Attorney Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Penny Hodge, Director, Schools Budget & Finance I hereby certify that the foregoing is a true and correct copy of Resolution 092303-5 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, September 23, 2003. Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors L ACTION NO. ITEM NO. I~ -~ 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: September 23, 2003 Public hearing and request to adopt a resolution for the issuance of general obligation school bonds through the Virginia Public School Authority (VPSA) for an amount not to exceed $23,000,000 to finance certain capital projects for public school purposes Diane D. Hyatt Chief Financial Officer Elmer C. Hodge ~'/~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: ~~~,~,,,.Q SUMMARY OF INFORMATION: On May 21, 2002, the School Board approved a listing of capital projects to be funded under Phase 2 of the School Capital Improvement Plan. The School Board and Board of Supervisors met in a joint work session on September 24, 2002 to review the projects and discuss funding options. At that time, the Board of Supervisors indicated their approval to proceed with the architecture and engineering services (A&E) for the top five projects on the list, which include the following: • Mountain View Elementary • Herman L. Horn Elementary • Oak Grove Elementary • Northside High (A&E only) • Cave Spring High/Hidden Valley High Stadium and Playing Fields The Board of Supervisors approved advancing the funds to the School Board to begin these projects at their meeting on July 8, 2003. These funds were advanced in anticipation of participating in the Fall 2003 VPSA bond sale. On August 26, 2003, the Board of Supervisors approved the submittal of an application to participate in the Fall 2003 VPSA bond sale for an amount not to exceed $23,000,000. This amount exceeds the actual amount needed by $1,000,000 because the VPSA cannot predict the interest rate coupon structure of the winning bid. Therefore, VPSA is requesting that each locality authorize a "not to exceed" principal amount of bonds that is sufficiently in excess of the amount of proceeds requested. In so doing, we will be able to obtain funding for the full $22,000,000 needed to finance the capital projects included in the application. These bond proceeds will be allocated to the projects as outlined in Attachment A. Staff has submitted the required application and resolutions to participate in the Fall 2003 bond sale. As part of this application process, a public hearing must be held and the Board must adopt a specific resolution as to the form of bonds. FISCAL IMPACT: The first debt payment for this borrowing will not occur until the 2004-05 fiscal year and has been factored into the debt capacity for school capital improvements. Future county budgets will include the annual debt service. Debt payments are estimated to be $2,175,458 for 2004-05. STAFF RECOMMENDATION: Staff recommends that at the conclusion of the public hearing, the Board adopt the attached resolution that authorizes the issuance of VPSA bonds in the Fall 2003 bond sale for an amount not to exceed $23,000,000. 4 Roanoke County VPSA Fall 2003 Issue Attachment A Total VPSA Previously Estimated Project Funding Funded Cost Herman L. Horn Elementary Mountain View Elementary Oak Grove Elementary Northside High A&E South County Stadium/Fields Roof Replacements Construction Contingency - 3% 6,500,252 305,008 6,805,260 6,779,422 310,881 7,090,303 5,886,818 383,574 6,270,392 357,857 284,618 642,475 1,427,542 115,707 1,543,249 313,200 - 313,200 734,909 - 734,909 22,000,000 1,399,788 23,399,788 9-23-Phase2 VPSA Attachment A.xls 7 ~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2003 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A MAXIMUM AMOUNT OF $23,000,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $23,000,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the Board held a public hearing on September 23, 2003, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia of 1950, as amended (the "Virginia Code"). WHEREAS, the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds and has consented to the issuance of the Bonds. WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $22,000,000 is the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School Authority (the "VPSA") in connection with the sale of the Bonds. WHEREAS, the VPSA's objective is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration such factors as the amortization schedule the County has requested for the Bonds, the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of VPSA's bonds. WHEREAS, such factors may result in the Bonds having a purchase price other than par and consequently (i) the C~ Bonds that is greater than or less that amount of proceeds that is substantia maximum authorized principal amoun not exceed the amount of the disc Requested) the purchase price to be Price Objective and market conditions, aunty may have to issue a principal amount of i the Proceeds Requested in order to receive an '~y equal to the Proceeds Requested, or (ii) if the of the Bonds set forth in section 1 below does punt (plus an amount equal to the Proceeds paid to the County, given the VPSA Purchase will be less than the Proceeds Requested. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in the aggregate principal amount not to exceed $23,000,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of VPSA to purchase from the County, and to sell to, the VPSA, the Bonds at a price determined by the VPSA and accepted by the Chairman of the Board or the County Administrator and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into the Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2003" (or such other designation as the County Administrator may approve) shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 2004, at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. The Interest Payment Dates and the Principal Payment Dates are subject to change at the request of VPSA. 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be no more than ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six percent (6%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 2 ~~ 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Paving Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) SunTrust Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2013, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2013 are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2013 and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2013 are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2013 upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2013 to July 14, 2014, inclusive ........................................... 101 July 15, 2014 to July 14, 2015, inclusive ........................................... 100.5 July 15, 2015 and thereafter .............................................................. 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such 3 other redemption provisions, including changes to the redemption dates set forth above, as may be requested by the VPSA. 8. Execution of the Bonds: The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. The manner of such execution may be by facsimile, provided that if both signatures are by facsimile, the Bonds shall not be valid until authenticated by the manual signature of the Paying Agent. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate; Non-Arbitrage Certificate. The Chairman of the Board and the County Administrator, or either of them and such officer or officers of the County as either may designate are hereby authorized and directed to execute aNon-Arbitrage Certificate, if required by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman of the Board, or either of them and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 4 12. Continuing Disclosure Agreement. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 23, 2003, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting, and (iii) the vote of each member, including any abstentions. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Roanoke, Virginia, this 23~d day of September, 2003. Clerk, Board of Supervisors of the County of Roanoke, Virginia (SEAL) 5 e ' EXHIBIT A NO. TR-1 (FORM OF TEMPORARY BOND) UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE General Obligation School Bond Series 2003 The COUNTY OF ROANOKE, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of Dollars ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2004 and annually on July 15 thereafter to and including July 15, 2023 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year commencing on January 15, 2004 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, SunTrust Bank, Richmond, Virginia, as bond registrar (the "Bond Registrar") shall make all payments of principal, premium, if any, and interest on this Bond, without 6 presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624 of the Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 7 This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended, and resolutions duly adopted by the Board of Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, having an equal aggregate principal amount, having principal installments or maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, 2013 and the definitive Bonds for which this Bond may be exchanged that mature on or before July 15, 2013 are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after July 15, 2013, and 8 e the definitive Bonds for which this Bond may be exchanged that mature after July 15, 2013 are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2013, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2013 to July 14, 2014, inclusive ........................................... 101 July 15, 2014 to July 14, 2015, inclusive ........................................... 100.5 July 15, 2015 and thereafter .............................................................. 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK 9 IN WITNESS WHEREOF, the Board of Supervisors of the County of Roanoke, Virginia, has caused this Bond to be issued in the name of the County of Roanoke, Virginia, to be signed by its Chairman or Vice-Chairman, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated November _, 2003. COUNTY OF ROANOKE, VIRGINIA (SEAL) ATTEST: Clerk, Board of Supervisors of the County of Roanoke, Virginia By: Chairman, Board of Supervisors of the County of Roanoke, Virginia 10 ~ 1 r ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: Registered Owner (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended.) (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) 11 S_~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 23, 2003 ORDINANCE 092303-6 TO CHANGE THE ZONING CLASSIFICATION OF A .777-ACRE TRACT OF REAL ESTATE LOCATED ON PLANTATION ROAD (TAX MAP NO. 27.06-5-10) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF I-1 TO THE ZONING CLASSIFICATION OF C-2 UPON THE APPLICATION OF EP PROPERTIES, LC WHEREAS, the first reading of this ordinance was held on August 26, 2003, and the second reading and public hearing were held September 23, 2003; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 2, 2003; 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 777 acres, as described herein, and located on Plantation Road (Tax Map Number 27.06-5-10) in the Hollins Magisterial District, is hereby changed from the zoning classification of I-1, Industrial District, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of EP Properties, LC. 3. That said real estate is more fully described as follows: BEGINNING at a point on the northwest corner of the property of Page Distributing Company, Inc. and First Union National Bank of Virginia being Tax Map #27.06-5-2 and along the northerly side of Plantation Road (VA Route 115) N. 17° 08' S3" W. 170.85 feet to a point; thence leaving said Plantation Road N. 1 60° 40' 12" E. 192.84 feet to a point; thence S. 16° 55' 48" E. 180.00 feet to a point; thence S. 60° 40' 12" W. 192.14 feet to the Place of Beginning, and containing .777 acres as more particularly shown on "Plat Showing Rezoning Exhibit of Tax #27.06-5-20, Property of Page Distributing Company, Inc. 0.777 acres (DB 1364, page 234) currently Zoned I-1, Being Rezoned to C-2 Situated along Plantation Road, Hollins Magisterial District, Roanoke County, Virginia," and prepared by Lumsden Associates, P.C., Engineers-Surveyors-Planners, dated July 10, 2003. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: Brenda J. H ton, CMC Deputy Clerk cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 2 • ~~ ~, ANOKE COUNTY Applicants Narne: EP Rroperties, PARTMENT OF L. C; % Gene Podell COMMUNITY ~EYELOPMENT Z°n~,ng: Rezoning I-1 Proposed Zoning: C2 Tax Map No. 27.06-5-10 , ~_. v t r PETITIONER: EP Properties, LC S_ 1 CASE NUMBER: 20-912003 Planning Commission Hearing Date: September 2, 2003 Board of Supervisors Hearing Date: September 23, 2003 A. REQUEST The petition of EP Properties, LC to rezone .777 acres from I-1, Industrial District to C-2, General Commercial District to operate a retail sales facility located on Plantation Road, Hollins Magisterial District. B. CITIZEN COMMENTS Mr. Lee Osborne from Carter, Osborne, & Miller introduced himself as the petitioners lawyer and then sat down. There was no further discussion. C. SUMMARY OF COMMISSION DISCUSSION Mr. Chris Lowe presented the staff report. D. CONDITIONS E. COMMISSION ACTION(S) Mr. Ross made the motion to recommend approval for the rezoning. The motion passed 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission 1 r. Petitioner: !equest: Location: Magisterial District: ST1=OFF REPORT E P Properties, LC Rezoning from I-1 to C-Z Plantation Road Hollins EXECUTIVE SUMMARY: ~ -- This is a Rezoning request from I-1 to C-2, at Plantation Road. The property is zoned I-1, Industrial and is designated as Principal Industrial in the 1998 Roanoke County Community Plan. The request involves one parcel, consisting of .777 acres. 1. APPLICABLE REGULATIONS Site Plan Review required. V DOT approval required for commercial entrance. ANALYSIS OF EXISTING CONDITIONS Back rg ound -The petitioner's business, Carpetland, is located on Williamson Road. The applicant is looking for a larger building to accommodate their business. The applicant feels that the close proximity to Interstate 81 will be a benefit. Topograph~e etg ation -The site is relatively flat with little vegetation. Surrounding Neighborhood -The surrounding neighborhood consists of a mix of commercial and principal industrial uses. 3. ANALYSIS OF PROPOSED DEVELOPMENT Background -This request is for a rezoning of .777 acres to C-2 for an existing Roanoke County business. Site Layout/Architecture -The proposed building is 10,575 square feet. No building plans have been submitted. Access/Traffic Circulation -Access is proposed on Plantation Road. V DOT will have to approve a commercial entrance and will work with the applicant on concerns about their entrance. 1 Fire & Rescue/Utilities -Fire and rescue services will continue, as they currently exist. Public t-- water and sanitary sewer is currently available. This petition does not affect the existing public _ ~~ water and sanitary sewer systems. 4. 5. Department of Economic Development -The Department of Economic Development's position normally is to preserve industrially zoned land. However, they do not object to this rezoning request which will facilitate the expansion of an existing county business on a relatively small parcel, in a corridor currently mixed with commercial and industrial land uses. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The site is designated as Principal Industrial in the 1998 Community Plan. It should be noted that the Core Designation changes to a Principal Industrial designation along the northern property line of the parcel. The Core designation would actually fit this property as well as Principal Industrial. This rezoning has no impact on the 1998 Community Plan. STAFF CONCLUSIONS This is a request to obtain a Rezoning from I-1 to C-2. The request involves a .777 acre parcel off of Plantation Road. This petition conforms to the Roanoke County Community Plan and the site has ample space to conform to all applicable development standards. No negative impacts are anticipated. CASE NUMBER: 20-9/2003 DREPARED BY: Chris Lowe _~CEARING PC: September 2, 2003 DATES: BOS: September 23, 2003 2 County of Roanoke For Staff Use Only COI11II1llIIlty DeVeIOPIDCIIt ' Date received: _ Re a ved by: Planning & Zoning ~ ~ ~ r~,~ Application fee: PCBZA date: 5204 Bernard Drive ~ - ~ P O Box 29800 Placards issued: BOS date: Roanoke, VA 24018-0798 ~~, ~ '~ (540) 772-2068 FAX (540} 776-7155 Case Number ~©- , .:ALL :4PPLICANTS Check type of application filed (check all that apply) ezonmg Special Use Variance Waiver Administrative Appeal Applicants name/address w/zip Phone: 540-265-1919 EP Properties, LC; c/o Gene Podell Work: 540-265-1919 7511 Williamson Road Cell#• Roanoke, VA 24019 Fax No.: 540-265-2890 Owner's name/address w/zip Phone #: 540-265-1919 EP Properties, LC; c/o Gene Podell Work: 540-265-1919 7511 Williamson Road Fax No.#:540-265-2890 Roanoke, VA 24019 Property Location Magisterial District: Hollins Plantation Road Roanoke, VA Community Planning area: Hollins '''^v Map No.: :;~~' 027.06-05-10 Existing Zoning: I-1 Size of parcel(s): Acres: .777 acre Existing Land Use: vacant REZONINGSPECIAL USE PERMITAND WEER APFLIC.9NTS (R%Sl~ . Proposed Zoning: C_2 Proposed Land Use: Retail floor coverings and furnishings Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? es No IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? es No IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes No V.ARIAIVCE, WAIVER AND AII~LfINISTRATIVE ;4PPEAL API'LIG~ANTS (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 IS the application complete? Please check if enclosed. APPLICATION WIIJL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/S!W V/AA R/S/W V/AA R1SIW V/AA Consultation 8 112" x 11" concept plan Application fee Application Metes and bounds description Proffers, if applicable Justification. Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the lrnowledge and consent of the owner. 2 c ~ ~ C ,~'' ,~ r ,~ ~ ~ Owner's Si nature fr ~[TS'FIFIC~'TIOiV FOR REZONL'~iG, SPECI~~L tiSE PERI~IIT OR WAIVER REQUEST '.ant EP Properties, LC The Planning Commission will study rezoning, special use permit or waiver requests to determine the need and justification far 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 Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. To erect a retail establishmnet for the sale of floor coverings and furnishings. This location is near an interstate access and will allow customers from other regions of the state to come to this location. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Conforms with general policies contained in the Roanoke County Community Plan. Please describe the impact{s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. Does not impact water/sewer, roads, schools, parks/recreation and fire and rescue. 3 CONCEPT°PLAN CITECI~IST ?ncept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the .i use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on thenature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following aze considered minimum; ALL APPLICANTS ~_ a. Applicant name and name of development ~_ b. Date, scale and north arrow ~ c. Lot size in acres or square feet and dimensions X d. Location, names of owners and Roanoke County tax map numbers of adjoining properties X e. Physical features such as ground cover, natural watercourses, floodplain, etc. f. The zoning and land use of all adjacent properties ~_ g. All property lines and easements X h. All buildings, existing and proposed, and dimensions, floor area and heights ~_ i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development X j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZOMNG and SPECIAL USE PERMIT APPLICANTS ~ k. Existing utilities (water, sewer, storm drains) and connections at the site --~ 1. Any driveways, entrances/exits, curb openings and crossovers _~ m. Topography map in a suitable scale and contour intervals X n. Approximate street grades and site distances at intersections ,~_ o. Locations of all adjacent fire hydrants X p. Any proffered conditions at the site and how they are addressed X q. If project is to be phased, please show phase schedule `:ertify that all items required in the checklist above aze complete. County of Roanoke,Virginia ~~ Parcel Id: 027.06-OS-10.00-0000 ~ Card Numhea•: 001 of 001 P---' ' ~+y Address: 0 PLANTATION RD Unit# Jurisdiction: COUNTY Magisterial District: HOLLINS 1r g Name: Census Block: 511610302032006 Owner Name: PAGE DISTRIBUTING COMPANY INC Billing Address: P O BOX 15047 Deeded Acre (AC) or Lot (LT): 0.84 AC Calculated Acreage: WINSTON SALEM N C 27103 In Land Use: N Legal Description: HOLLINS ON RT 115 Neighborhood: 02008 Use Model: COMMERCIAL -VACANT Assessor: 11 Year Built (Est): 1000 Style: County Utilities: Billing Type Class: Not ala Utilities included. See Help. 2003 Land Value: $137,200 ~ , 2003 Building Value: $0 Click here for 2003 Total Market Value: $137,200 2003 Values Flood Certificate: Zoning: I 1. Zoning Conditions: Transfers Instrument References Year/1Vlonth Sales Price Type Number PLAT 000000000 199204 $20,060 DEED 013640234 Bed Rooms: Lower 0, Base 0, Upper 0, Total 0 Full Baths: Lower 0, Base 0, Upper 0, Total 0 Half Baths: Lower 0, Base 0, Upper 0, Total 0 $0 $0 $0 $0 Foundation: Sub Floor: Floor Cover #1: Floor Cover #2: Interior Wall #l: Interior Wall #2: Exterior Wall #1: Exterior Wall #2: Commercial Structure Frame: Fire Place Description: Roof Structure: Roof Cover: Heat Fuel: Sub Area Description Sq. Ft. Heat Type: Air Condition Type: # Apartment Units: 0 °F• Every effort is made to produce and publish. the mast cun'ent and accurate ini'ormation possible. No warranties, expressed or implied, ;ue provided For tltc data hereut. i.. 1 its interpretation. In all instances the official county reeorels shall lac consulted for verification of data. ,hod gyp. ~P~~ r^ ~~ FY GeV 5 81 ~ ~~ ~ ~ \P~ ~~ ~ 5 ~ O ~\e -o 5• ' ~ ~~ ~ \a ~ 0 Sp\~ '~~ SITE t ~ o~ o ~~ J~ O~~ g~ y~Q t ~~ t0 ~ ~~ ~ LOCATION MAP s R J TAX X27.08-06-11 NOT TO SCALE FIIi3T UNION NATIONAL HANK OF VIRGINIA D.H. 1326, PG. 449 _ ZONED Il S 165'48' E 180.00' D ~E~,iy Q A ,o~g ,y ~. ~ 660 z TAX #27.08-05-10 "' ~ PAGE DISTRIBUTING ~ ° ` Ig COMPANY, INC. $ ~ ; D.H. 1384, PG. 234 rn ZONED Il ~ 0.777 ACRES TAX /{27.08-05-02 FD3.ST ANION CORPORATION OF VD?GDdIA D.H. 1326, PG. 449 ~ ip ZONED C2C N N EXISRNG APCO EASEMENT ~. \ VDOT PROJECT PLANTAAON ROAD R/W / '\ 0115-080-103, C-501 WOT PROJECT ~~T if4 0115 8 c -0 0-103, C-501 SHEET /4 N 17108 53 W 179.85 PLANTATION ROAD - VA. ROUTE #115 (VARIABLE WIDTH R/W) r~' PLAT SHOWING 'n~7ES: REZONING EXHIBIT OF 1. THIS PLAT WAS PREPARED WITHOUT THE BENEFlT OF A• TAX #27.06-05-10 CURRENT TITLE REPORT AND 1HERE MAY EXIST ENCUMBRANCES PROPERTY OF NOT SHOWN HEREON WHICH MAY AFFECT THIS PROPERTY. 2. 71US PLAT IS BASED ON A CURRENT FIELD SURVEY. PAGE DISTRIBUTING 3. THIS PROPERTY lS NOT LOCATED WITHIN THE UMITS OF A 100 Y1=AR FLOOD BOUNDARY AS COMPANY INC DESIGNATED 8Y FEMA. IBIS OPINION !S , . BASED ON AN INSPEC7)ON OF THE FLOOD INSURANCE RATE MAP 0.777 ACRES (D.B. 1364, PG. 234) AND HAS NOT BEEN VERIFlED BY ACTUAL FIELD ELEVATIONS SEE CURRENTLY ZONED I1 COMMUNITY MAP NUMBER 5116100022 D, PANEL NUMBER 510190 BEING REZONED TO C2 0022 D, DATED OCTOBER 15, 1993, ZONE X. , 4. LEGAL REFERENCE TAX ,27.06-05-10. SITUATED ALONG PLANTATION ROAD 5. CURRENT OWNER: PAGE DISIRIBUIING COMPANY, INC. - D.B. HOLLlNS MAGISTERIAL DISTRICT 1364, PG. 234. ROANOKE COUNTY, VIRGINIA DATE: JULY 10, 2003 LUMSDEN ASSOCIATES P.C. scALE: " ' , ENGINEERS-SURVEYORS-PLANNERS 1 =50 COMM NO ROANOI(E VIRGINIA . .: , 03-218 4664 8RAM8LETON A VENUE PHONE (540) 774 4411 CADD FILE: P.O. BOX 20669 : - FAX: (540) 77Z-9445 Fs\2003\03218\SUR\032188AS.DWO ROANOKE, VIRGINIA 24018 E-MAIL: MAILQLUMSDENPC.COM I III I V`ox~ ~aaaaa ~~ry 3sNOistn3a ~'li ~i '7 i Wei F 8~~ ~s~ ~ -~sn aN~"113d~~~ ~ ~~~ ~o~ 1 s ~ -I;~{ ~ r '~'~ ~® R ~ ~ ~ ~ ~ ~ ~°~ ~® ~ yips a ~ ~~ ~ ~~ ~ ~~ a B a e ~~k~ ~~~~ x ~ ~ ~~s~ ~~~ qRR ~ ~ ~k~~g~~~~ ~~ ~ _. ~~a~~~ k ~~~~~ ~ ~ ~~ ~~~~e~~~~~~~~~~ ~ ~~a~~~~~~~~~~~~~~~ ~.,ti .~ • rrw• I I I ~~ ~ ~ ~ ~~ ; ~~ III I I >~I • . ~ o h~ I ~ ~I I ~ I ~~I I I ~~I . I I H I III I I I I I ~~ Yir . , AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 23, 2003 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A .777-ACRE TRACT OF REAL ESTATE LOCATED ON PLANTATION ROAD (TAX MAP NO. 27.06-5-10) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF I-1 TO THE ZONING CLASSIFICATION OF C-2 UPON THE APPLICATION OF EP PROPERTIES, LC WHEREAS, the first reading of this ordinance was held on August 26, 2003, and the second reading and public hearing were held September 23, 2003; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 2, 2003; 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 .777 acres, as described herein, and located on Plantation Road (Tax Map Number 27.06-5-10) in the Hollins Magisterial District, is hereby changed from the zoning classification of I-1, Industrial District, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of EP Properties, LC. 3. That said real estate is more fully described as follows: 1 BEGINNING at a point on the northwest corner of the property of Page Distributing Company, Inc. and First Union National Bank of Virginia being Tax Map #27.06-5-2 and along the northerly side of Plantation Road (VA Route 115) N. 17° 08' 53" W. 170.85- feet to a point; thence leaving said Plantation Road N. 60° 40' 12" E. 192.84 feet to a point; thence S. 16° 55' 48" E. 180.00 feet to a point; thence S. 60° 40' 12" W. 192.14 feet to the Place of Beginning, and containing .777 acres as more particularly shown on "Plat Showing Rezoning Exhibit of Tax #27.06-5-20, Property of Page Distributing Company, Inc. 0.777 acres (DB 1364, page 234) currently Zoned I-1, Being Rezoned to C-2 Situated along Plantation Road, Hollins Magisterial District, Roanoke County, Virginia," and prepared by Lumsden Associates, P.C., Engineers-Surveyors-Planners, dated July 10, 2003. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 2 ROANOKE COUNTY Applicants Name: EP Rroperties, L. C; % Gene Pode ll ~'PARTMENT OF Zoning: Rezoning I-1 Progoosed Zoning: C2 COMMUNITY DEVELOPMENT Tax Map No. 27.06-5-10 s ~r~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 23, 2004 ORDINANCE 092303-7 TO CHANGE THE ZONING CLASSIFICATION OF A .37-ACRE TRACT OF REAL ESTATE LOCATED AT 5999 FRANKLIN ROAD (TAX MAP N0.98.04-2-20) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AVC WITH CONDITIONS TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF RICHARD ANDERSON WHEREAS, the first reading of this ordinance was held on August 26, 2003, and the second reading and public hearing were held September 23, 2003; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 2, 2003; 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 .37 acres, as described herein, and located at 5999 Franklin Road (Tax Map Number 98.04-2-20) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of AVC, Agricultural Village District, with conditions, to the zoning classification of C-2, General Commercial District, with conditions. 2. That this action is taken upon the application of Richard Anderson. 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 (1) Use of the property will be restricted to the sale and storage of the following: Oriental/Persian rugs, area rugs and flooring materials and antiques. (2) Signage shall be limited to a maximum of 140 square feet. (3) No off-premises signage shall be installed. 4. That said real estate is more fully described as follows: BEGINNING at an iron on the west side of U. S. Route 220 at the southerly corner of the .20 acre tract being herein described; thence with a new division line through the property of Howard T. Campbell estate, N. 63° 35' W. 30 feet to an iron; thence N. 6° 27' W. 79.7 feet to an iron; thence N. 15° 26' W. 130 feet to an iron; thence still with a new division line N. 66° 08' E. 60.8 feet to an iron on the west side of a driveway, which driveway is not included in the real property hereby conveyed; thence S. 23° 43' E. 93.35 feet to an iron on the west side of U. S. Route 220; thence with the west line of U. S. Route 220, S. 3° 37' W. 186.3 feet to the Beginning and containing .20 acre and being as more fully shown on survey made by T. P. Parker, SCE, dated 12 June 1965. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: ~~~~~ ~~ Brenda J. Ho ton, CMC Deputy Clerk cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 2 ~~ ~~~ 6 "~~ ~~ ~~ 11. 5954 ~'V (. 592 0.98 Ac.(C) ° 195.2 ' ~o^ ~ r ., 10. ~ N_ N 59r~6 ~ ~ 8 0 . 9~`° 8os ~~ - ~, 164.5 rn ~ ~ 24 51 v ~ _ ~ Ln ~ 18.E 17 o . ~ `~~' h 19 5995 ~'? ~`~' X01 ~ 16. ~~ _ ao 20.0 5953 ry ~ 5~~~ so Zon~tr~,g: A 21. 6~°~° ;~ `J: rr,`..(,. C 6013 a _ ~ _2 zones: Avc ~" 5999 co„_ ;~. 6188 ~ ~~ ~~ >65 ~ti .~ p~ 1~ r..r v . w rn w 5724 ~~ 68) c~ 2~2' ~~. NORTH 5986 31. 5992 35. ,~ NOKE COUNTY Applicants Name: Richard N. Anderson ARTMENT OF Zoning: Rezoning: AYC COMMUNITY DEVELOPMENT Proposed Zoning: C2 Tax Map No. 98.04-02-20 ~ ~' ;~~ s-~ PETITIONER: Richard Anderson CASE NUMBER: 21-9/2003 Planning Commission Hearing Date: September 2, 2003 Board of Supervisors Hearing Date: September 23, 2003 A. REQUEST The petition of Richard Anderson to rezone .37 acres from AVC, Agricultural Village District with Conditions to C-2, General Commercial District with Conditions to operate a retail sales facility located on 5999 Franklin Road, S.W., Cave Spring Magisterial District. B. CITIZEN COMMENTS Mr. Anderson was the only citizen speaker. The applicant stated that sale of the property is subject to rezoning. He summarized the land use history of the site dating back to its use as a general store and service station in the 1920's and noted letters of support from three neighboring property owners. C. SUMMARY OF COMMISSION DISCUSSION Mr. Tim Beard presented the staff report. Mr. Azar asked if antique tractors would be sold and Mr. Witt asked if a right-turn lane would be constructed. The applicant replied that he had not been in touch with VDOT. Mr. Witt asked if the applicant would consider deleting the phrase "antique seats and furniture items" in favor of the word "antiques" at the end of proffered condition 1) regarding use of the property. Mr. Anderson agreed to the suggestion. This change would also allow antique vehicles to be sold. Ms. Hooker asked if off- premises signage could be placed on the property. Mr. Witt asked staff if off- premises signage would be precluded by the proffer limiting sign square footage to 140 square feet. Staff replied that the 140 square-foot limitation does not apply to off-premises advertising. Mr. Witt than asked the applicant if he would proffer that no off-premises signage would be installed. Mr. Anderson replied that he would proffer that no off-premises signage would be installed. D. CONDITIONS 1) Use of the property will be restricted to the sale and storage of the following: Oriental/Persian rugs, area rugs and flooring material and antiques; 2) Signage shall be limited to a maximum of 140 square foot; 3) No off-premises signage shall be installed. E. COMMISSION ACTION(S) Mr. Witt made the motion to recommend approval for the rezoning. The motion passed 4-1. F. DISSENTING PERSPECTIVE Mr. Ross stated that he did not support the additional antique uses allowed by proffer 1). G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission STAFF REPORT Petitioner: Richard N. Anderson Request: Rezoning from AV Agricultural /Village Center Conditional to C-2 General Commercial Location: 5999 Franklin Road Magisterial District: Cave Spring Suggested Conditions: 1) Use of the property will be restricted to the sale and storage of the following: Oriental /Persian rugs, area rugs and flooring material; antique seats and furniture items; 2) Signage shall be limited to a maximum of 140 square feet. EXECUTIVE SUMMARY: This application requests the rezoning of a 0.329 acre parcel from AV Agricultural/Village Center with conditions to C-2 General Commercial. The purpose of the petition is to convert an existing antique sales operation into a rug, flooring material and antique furniture specialty business. The site is designated Rural Village in the 1998 Community Plan. 1. APPLICABLE REGULATIONS Site plan review will be required. No architectural conversion plan or engineering evaluation will be required if no interior alterations are made to the existing structure. VDOT approval for a commercial entrance is required. 2. ANALYSIS OF EXISTING CONDITIONS Back rg ound -The existing building was constructed in 1920 per county records. Per property owner Ruth Hammer, the structure originally housed a general store and automobile service station dating to the 1920's. As an antiques store, the operation currently lists weekend business hours only. The site has been zoned AV Conditional since late 1992, B-2 Conditional from October 1991 (reflecting the antiques only requirement) until the end of 1992 and B-1 Office prior to October 1991. Topo~raphy / Floodplain -The parcel is flat approaching the steeply rising rear (west) boundary. A small portion ofgrass-covered area lies in the northwest corner of the site and a gravel parking lot dominates the remaining property outside of the building. Balzer & Associates staff surveyed the subject property, physically located a tributary to Back Creek flowing immediately northeast of the site and determined that this tract lies within F.E.M.A. Zone X unshaded (outside the 500-year floodplain). The surveyor has offered to provide a flood certificate verifying this information. County staff indicated the possibility that the site may lie within shaded Zone X - in a 500-year flood area or a 100- year flood area with average water depths of less than one foot or with a drainage area containing less than one square mile. The proposal calls for no expansion of the building. Surrounding_Nei~hborhood -Surrounding uses include rural residential, debris landfill, open space and institutional. This portion of the U.S. 220 corridor is characterized by a low-lying street network radiating from Route 220, short depth tracts of land and steep upslopes above 220. All adjoining parcels are zoned Agricultural/Village Center. 3, ANALYSIS OF PROPOSED DEVELOPMENT Site Layout /Architecture -The existing one-story, columned brick structure is centrally located on the .329 acre lot with a parking area immediately south of the building capable of accommodating 8-10 vehicles. The approximate 3,000 square foot building displays brick exterior and a hip roof with plaster interior walls and hardwood floors. Anew roof and water system were installed in the past several years per the applicant. A retaining wall also extends off the south end of the building adjoining the parking area. Most of the unrestricted access from U.S. 220 lies within VDOT right-of--way (160 feet wide per survey). No expansion of the principal structure is proposed. Access /Traffic Circulation -Public access is from the site's east boundary -186 feet bordering U.S. 220 right-of--way. A private gravel drive adjoining the subject property extends north serving several residences and a church. The ordinance requires one parking space per 500 square feet of gross building floor area for carpet and furniture stores, one space per 400 square feet for antique shops. The proposed use would require six spaces which can be accommodated by modifying the outside fenced area south of the building into parking spaces. A 24-foot wide aisle behind (west of) the parking area can not be constructed without encroaching into U.S. 220 right-of--way. Traffic generation is estimated at fewer than 100 vehicle trip ends per weekday. The 1999 Annual Average Daily Traffic was 25,000 vehicle trips along the six-mile segment of U.S. 220 from the Franklin County Line to the Blue Ridge Parkway. Two accidents were reported from 150 feet north of the subject property to 500 feet south of the Carriage House site during the three- year period ending March 2002 on Route 220. VDOT has noted that current commercial entrance permit standards call for one of the two existing crossovers in front of the site to be closed and for a single controlled access point to be constructed doing away with the wide-open access currently available. VDOT has also stated that, if required, aright-turn lane would necessitate right-of--way acquisition. No left-turn lane will be possible due to the existing narrow median on Route 220. The posted speed limit is 45 miles per hour. Fire & Rescue /Utilities / Drainage -Emergency vehicle travel time is within acceptable limits with Clearbrook Fire and Rescue Squads as the primary response units. Public water and sewer are not available to the property. Stormwater management will not be required if no additions to the building occur. VDOT noted that stormwater discharge into the U.S. 220 right-of--way may require improvements to drainage infrastructure. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN This property is designated Rural Village by the 1998 Community Plan. Rural Villages are areas where limited development has historically occurred and where urban or suburban development patterns are discouraged. These rural community areas normally occur between established intense suburban growth and designated Rural Preserve areas. Clearbrook residents have indicated their desire for quality future development allowing for small-scale commercial businesses to serve the needs of citizens of the community while also improving sites with multiple access points. Residents have previously noted that historic structures and sites located throughout the area provide a link to the history and culture of the community. 5. STAFF CONCLUSIONS The proposed rezoning is in general conformity with the Community Plan. However, compliance with the zoning ordinance cannot be achieved under the normal site plan review process. While adequate parking spaces can be created and a commercial loading and unloading area can be designated, a 24-foot wide drive aisle can only be utilized by encroaching on VDOT right-of--way as has occurred over many years under a variety of commercial uses. County divisions contacted -including Building, Engineering and Planning & Zoning are in agreement that specific architectural / ADA, stormwater management and off-street parking (drive aisle) requirements may not be fully applied provided the proposed use occurs as planned, i.e. no building additions are made. Uses proposed are similar to current activities. The sign proffer was requested due to the nearly 280 square feet of total signage that could be installed under normal ordinance regulations. If the Planning Commission is in support of this request, staff suggests acceptance of the proffers. Additionally, the C-2 district permits Off-Premises Signs at those locations where ordinance standards allow. The subject property could be considered for such signage. If traffic concerns can be resolved, no unmanageable impacts are anticipated. CASE NUMBER: 21 - 9 / 2003 PREPARED BY: Timothy Beard HEARING USES: P.C.: 9/2/2003 B.O.S. 9/23/2003 ~G~'d ~H1G1 ' _~ Cnnrsty nann~ra Fbr Staff Use f~nl~v CD~t~EUmlty t}evElb~ImLn~ Pji$.1).i1i11~ ~ 17ronin~ ZJata ra:ei r~~ ~ ~ ~ ~~ ~ Rcocived by: "~~ 5204 ~er~ard Drive Appticaciatx fro: Do ~~ ~ ~ g"t7 ~ PC($Z4 au: q ;~ { G- ~ O a47t 298~J0 Placards issued: Bt7S data: 1 t1~ ' - Rt~anoke, VA 24018-Q798 . ~ ~ ~ (544) 772-2058 FAX (5~0) 776-7I55 Cass Number ~ 1 - ~ ,,. , .. ::~r~,~PL2c~vTS ,. Cheek a of application filed (check alI that 2,ppiy) _ ezoning ., Special Use Variance ( Vslaiver Adminietsative Appeal phone: ~`7`7 ~c-~'C%~!~'{>~ Applicants nameladdress whip f t ~ ~«~C~. /~ ~ ~~~~ j~ Work: '`~' ~ ~~ `-rte 4' r~, ~' ~--- --~-- - -- Ceti #: Fax No,: '`~'~{~ "::~~ ~~~ ' p~^,~+.~'''~'~ Phone #: ~~ ~'~ y ~~'J~ *~ L~t[J~ er's et r l . ,~r// ~ Wnrk: r Jt r. Fax No. #: ~ tion ,,,~,, ~ /-~ ~- / , ~' ~ ~'" ~ Lam. lvZaiisterial Llistrict:~, ~ ~~~ , .~ j ~~ , ~ y f ~ ~- Corumuiuty Flanning area, c..~ ~.. _nap No.: ~~°~,.~ ,. '~ C3 Existin 2t~u' Size of parcel(s): Acres: , '~~ E7cistirig Lind Use: ~};~..+ ' ~~;r,^„ ~~, ,.; ~ItEEFJN3I1tG:u~PEL'~:"xIS~ P~`?I~"?~I~~~V~RA.~'P.~ICAtVTiS'.(Ft/57W}, •Frogvsetl Zoztzu,g: ~-'~~ Proposed Land Use: •~„C ~ 1 ~,_ ~ ~;. Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes N~a IE' NO, A VARTAi'+ICE 715 REQI:T,~tED ;~~'I'. Does the parcel meet the minint,T,~,,criteria for the zequested Use Type? Yos Na IF i~TO, A YA7tIANCE itS REf~LTIItED gIIi'.ST Sf rezoning request, are cOIldltlons being proffered With ibis request? Yes No . . .. - ~~: ,.. ': '~. ~,R, ti i /JA.~ ~~$''~ I' 1. ,~iY.I' ):`-: `~. ` ~ ... ;~ ,; ~?~1P .~ ;~?~~ CE: ~WAF~ER;~D?ADMINIS;IC'ITsIY.L~,' , Variance/Waiver of Section(s) _ of the Roanoke County Zoning Ordinance in order ta: Appeal of Zoning Administrator's decision to Appeal of Interpretatipn of Section(s): of the Roanoke County Zduing t~rdinauae Appeal of Interpretation of Zoning Map to ~ ~e application eoxnple~? Please reek if enclnsecl. ,APPI,ICATI{7N W'tGL NOT BE ACCEPTED IF ANY Off' T.~[ESE Z'ITMS ARE MISSIl+TG Olt Il*iC+ON~'LE7',E. . R!S YtAA It1SlW V1AA R19lVY Y/A,,A Consultation '' 8 212" x 1•l" conueept giaa Appticaticn fee Apglieatian ~ Metes and bounds description Ptwffera, if applies-ble dustifiaation Water and sewer application ,4.djgisung property owners 3sereby certify that I stn either the owner of the property or the owz-er's agent or cataract purchaser and am acting with the 1mowlatige anti conjseni of tpe owner a..-. ~~ ~~:~~~'~ ~,~Tr~LLQG~ f1~cI W0~-:ll~ ~;~I~ #ti:a'G ~~~~-t'c--II"!t Owner's 3USTIFICATIO~V FOR REZONING,'~SPECL~L~3SE PERMIT OR'V4'~ER REQUEST ~ ~ r //' 9 rf ~l /_ ~ _ J/? ~ / /._ ~Pplicant YI" ~,./f Z.G'L~ a :~' +` ~ , .,~ ~ w~ ~~.~- . ~ 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 purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. ` ~~,,~~ ~~'.~ T ~ ~' ~~ ^ ~ -_ ~ i (/s( ~~~ Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community f~ ~ ,~' ~~-~ ' /~7~',~ ../ w lj/ J ~~D ~s J_~/ iii ~ t~~~~/~~ +F . 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 ac' ities, including water/sewer, roads, sc/h~ol ,, parks/recreatio and fire and rescue. L~ ,~~' ~~~ ~~ r ; r .~ .t~ri~ ,~ °~-~ ~ NS'~IFICA~`IOV FOR VARIAI~ICE REQUEST Applicant of Zon' g Appeals is required by Section 15.2-2309 of the Code of Virginia to consider the following factors before a vaziance can e granted. Please read the factors listed below carefully and in your own words, describe how the request meets each factor. additional space is needed, use additional sheets of paper. 1. The variance hall not be contrary to the public interest and shall be in harmony with the intended spirit and purpose of the Zoning Ordinanc~er,. 2. The strict application of the distinguished from a special p ordinance would produce undue hazdship; a hardship that approaches confiscation (as or convenience) and would prohibitor unreasonably restrict the use of the property. 3. The hazdship is not shared by other properties in a same zoning district or vicinity. Such hardships should be addressed by the Boazd of Supervisors as amendments to the ping Ordinance.. 4. The variance will not be of a substantial detriment to the adjacent pi~perties or the chazacter of the district. 4 ;,;3T.JSTIFICATION FOR ADMI~'~STRA'I'IVE APPEAL'REQUEST l 5 `'~.npllCant Please read the factors listed below carefully and in your own words, describe how the request meets each factor. If additional 'CONCEPT PLr~N CHECKLIST ,~ -' ,oncept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the 'use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver and variance applications. The plan should be ;prepared by a professional site planner. The level of detail may vary, depending on thenature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS _ a. Applicant name and name of development _ b. Date, scale and north arrow _ c. Lot size in acres or square feet and dimensions _ d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. f. The zoning and land use of all adjacent properties g. All property lines and easements _ h. All buildings, existing and proposed, and dimensions, floor area and heights _ i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZONING and SPECIAL USE PERMIT APPLICANTS _ k. Existing utilities (water, sewer, storm drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers _ m. Topography map in a suitable scale and contour intervals _ n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed _ q. If project is to be phased, please show phase schedule certify that all items required in the checklist above are complete. 6 ~-~~-2LG~ 2 = 53PM19 FF?OP~1 PRb1rFER OF ~C4Nb1T141~5 The ar~Yer of property located at 5999 Franlelin Road (Tax Map 98.04-2-20~ containing (?329 acre by survey volzu~tarily proffers the following conditions applicable to the rezoning of this property: (1} ~Cl'se of the property shall be restricted to sales and storage of the following: - Oriental / Pexsi.ax~ r~xgs - area rugs and flooring material - antiques; (2) Signage shall be limited to a maximum of 140 square feet in area. (3) No off-premises signa~e shall be installed ~ P°! ..d ~ , Submitted September 9, ~00~ ~'.% ~,~-'~~~~-'1~'~'~~ Ruth I7. Harnrner Denzel H. Hammer '~' ~~~~ ;,, ~~~ r L;~ ~-~ ~N~q e W a G J~~ ~ ~ 00 0 o O ~ ~ ~ ~ ~~~ C j _ N n m ~ o 0 ~ Z ' " W : ~ : ~ ~ Ql ~ O Z Z Z J N v v OQ. ~ '~\ 'o ~ u°>~ Y ~ ~ N O ~ 7L '7j S O L p ~ mN N '~ .~ c Q U ~ X d ~ ~. 7 Z \\~~M~ C ~~~~ ~ O O ~ ~ /.l1S~~/ rn l O~ Q ~~ ~~~r. ~~~N N ~~~~0 \~~~~ Z h~ o~m~ ~~O 0 2 r ~o z L W OO J ~~ O• -Z 7 ~- O ~ ~N t7 ~N ?~ ~ C 4 0 U 0 N `.~ 0 ~ W u y ~ Q • 4 ~ u u W ~ ~ Z ~ O ~ U ~ ~ ~ ~ W ~ ~ ~ ¢ ~ >~o~~oZo ~ Q U W U N O O OtnUJ~ Op (n L~'~W~QQ~~nj d' ZL ZNaW~`~o 11 ~~~j YQO~ZJN~ j` ¢~r-QO~O ~~ rnNOZ0~0 ~ O)MD]~Z>-~ J tf') n- ~ ~V oo~o~ ~ ~ ~ Z~Q S w U d m `yo ~ 3 \` j , 0 O ~ Q 0 Q !~ v C] O O ~ ~ Q ~ Q ~ h Q O Z ~ ~C ~O Q ~. W O N O~ s ~~ o ~ °c ~ ~ O ~ ~ I ~ N I~ L I W c.v OZ°: ~C~O x ZW ~ a ~ o U ~ ~~ ~ O ~ ~~ I ~ = U ~UC O N d ~ ~ ~, 0 ~~~ Z ~' ~Q a~ _N O 0] N W ~ ~ Q ~~a QUO W =QM Z = J = Y ~ W J~O ~ U_ W p N> =m w~p~N o ~ ~,., a w ap o n ~, ~ ~ ~ ~ w~ ~ Z O W ZO ~ Q. ~ W Q ~ W Z ~ Z ~O JtQ-~ O Z ~ N M ~ ZO ~~ Z Y ~ U ABM 12 (~ ~GI AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 22, 1991 ORDINANCE 102291-13 TO CHANGE THE ZONING CLASSIFICATION OF A 0.20 ACRE TRACT OF REAL ESTATE LOCATED ON THE WEST SIDE OF US 220, RED HILL AREA, (TAX MAP N0. 98.04-2-20) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-1, OFFICE DISTRICT, TO THE ZONING CLASSIFICATION OF B-2, GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS UPON THE APPLICATION OF MAXEY IiOMES INCORPORATED WHEREAS, the first reading of this ordinance was held on July 23, 1991, and the second reading and public hearing was held October 22, 1991; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 1, 1991; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 0.20 acre, as described herein, and located on the west side of US Route 220, Red Hill area, (Tax Map Number 98.04-2-20) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of B-1, Office District, to the zoning classification of B-2, General Commercial District. 2. That this action is taken upon the application of Maxey Homes Incorporated. 3. That the owner has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: a. The use of the property as a B-2 use will be limited to antique shops. 4. That said real estate is more fully described as follows: BEGINNING at an iron on the .west side of US Route 220 at the southerly corner of the 0.20 acre tract being herein described: thence with a new division line through the property of Howard T. Campbell estate, N. 63 deg. 35' W. 30 feet to an iron: thence N. 20 deg. 31' W.-30.9 feet to an iron: thence N. 6 deg. 27' W. 79.7 feet to an iron: thence N. 15 deg. 26' W. 130 feet to an iron: thence still with a new division line N. 66 deg. 08' E. 60.8 feet to an iron on the west side of a driveway, which driveway is not included in the real property hereby conveyed: thence S. 23 deg. 43' E. 93.35 feet to an iron on the west side of US Route 220; thence with the west line of US Route 220 S. 3 deg. 37' W. 186.3 feet to the BEGINNING and containing 0.20 acre and being as more fully shown on survey made by T. P. Parker, S.C.E. dated 12 June 1965. 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. On motion of Supervisor Robers to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Robers, Johnson, Nickens, McGraw NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Terry Harrington, Director, Planning & Zoning John Willey, Director, Real Estate Assessment Paul Mahoney, County Attorney Jay and Beth Thompson 5956 Franklin Road 'Roanoke, Va 24014 Carriage House Antiques 5999 Franklin Road Roanoke, Va. 24014 Dear Richard Anderson I am writing this letter to you to say that we are not opposed to your efforts to change the zone status of your property. ~g?k ~,~(}ryL ~ (~ ~ ~z . Sincerely, Jay and Beth Thompson ~. Ronnie and Vanessa Bertka 5992 Franklin Road .anoke, Va 24014 Carriage House Antiques 5999 Franklin Road Roanoke, Va. 24014 July 23, 2003 Dear Richard Anderson I am writing this letter to you to say that we are not opposed to your efforts to change the zone status of your property, zoned from AV to C2. 'ncerel ~~. -Ci Ronnie and Vanessa Bertka r KINGERY BR{JTHERS ASSC)CIA'TES,....... .............. 5469 Franklin Road Roanoke, Va. 24014 540-774-9463 3uly 22, 2003 Carriage House Antiques 5999 Franklin Road Roanoke, Va. 24014 Dear Mr. Richard Anderson I am writing this letter to you to say that I am ail for the rezoning of your property, as your property joins our land, if we ever decided to sale our property, it would only enhance our selling price. I would like to take this opportunity to Thank You for doing all the front end work on the rezoning. If there is anything else that I can do for you or this project, please feel free to call me. Sin ely, Ot~ , Randy Kingery Beth R.Thompson Notary Public Commonw®alth ofVirginia My Commission 1~xoires Apr. 30, 2004 ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 23, 2004 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A .37-ACRE TRACT OF REAL ESTATE LOCATED AT 5999 FRANKLIN ROAD (TAX MAP N0.98.04-2-20) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AVC WITH CONDITIONS TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF RICHARD ANDERSON WHEREAS, the first reading of this ordinance was held on August 26, 2003, and the second reading and public hearing were held September 23, 2003; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 2, 2003; 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 .37 acres, as described herein, and located at 5999 Franklin Road (Tax Map Number 98.04-2-20) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of AVC, Agricultural Village District, with conditions, to the zoning classification of C-2, General Commercial District, with conditions. 2. That this action is taken upon the application of Richard Anderson. 1 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) Use of the property will be restricted to the sale and storage of the following: Oriental/Persian rugs, area rugs and flooring materials and antiques. (2) Signage shall be limited to a maximum of 140 square feet. (3) No off-premises signage shall be installed. 4. That said real estate is more fully described as follows: BEGINNING at an iron on the west side of U. S. Route 220 at the southerly corner of the .20 acre tract being herein described; thence with a new division line through the property of Howard T. Campbell estate, N. 63° 35' W. 30 feet to an iron; thence N. 6° 27' W. 79.7 feet to an iron; thence N. 15° 26' W. 130 feet to an iron; thence still with a new division line N. 66° 08' E. 60.8 feet to an iron on the west side of a driveway, which driveway is not included in the real property hereby conveyed; thence S. 23° 43' E. 93.35 feet to an iron on the west side of U. S. Route 220; thence with the west line of U. S. Route 220, S. 3° 37' W. 186.3 feet to the Beginning and containing .20 acre and being as more fully shown on survey made by T. P. Parker, SCE, dated 12 June 1965. 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 i~ ~ ~. f ~~ `~ ~6 ~'~ 592 6 . a~ ~ '7 . ~~ ,~'~' 0.98 Ac.(C) ° 195.2 ~ ~„~~ 5954 ~ ,- 11. ~- ~ a_ _ ~ 10. ~' N 5928 N ~ N 8 0 . 9 `° . so s ~~ - ~, 164.5 ~ ~ ~ 24 ~ Q? 51 v rn ~ ~ 18 E _ 17 ~ . os . ~`~~' ~ 1 ~ ~ 5995 . , ~ 16. ~0 r,, "~ 6, 20.0 595.3 0 ~s 2 7 . °~J so Zoning: A o ~ 1. 60 ~ ~~ a ,uiS 601,3 0 Zoning: AVC '~. 5999 .~~ ,"o ,,~ 3p . ,..1 r~r~ Y"'1 n.J V V~ 5724 ~ ~ X68) ~ 212 ~ 29. NORTH 5986 31. 59x2 35. r Appbicants Name: Richard N. Anderson 'OANOKE COUNTY 'ARTMENT OF Zoning: Rezoning: AVC COMMUNITY DEVELOPMENT p"r"oposed Zoning: C2 ~ Tax Map No. 98.04-02-20 ~ L ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2003 ORDINANCE 092303-8 TO AMEND SECTION 30-93. SIGNS OF THE ROANOKE COUNTY CODE WHEREAS, the Roanoke County Planning Commission held a work session and public hearing on the proposed sign ordinance amendments on April 1, 2003; and WHEREAS, the Board of Supervisors of Roanoke County held a work session and public hearing on May 27, 2003, and referred this matter back to the Planning Commission for review; and WHEREAS, the Planning Commission held a work session and public hearing on this matter on September 2, 2003; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 30-93. Signs of the Roanoke County Code be amended to read and provide as follows: SEC. 30-93. SIGNS. Sec. 30-93-1. Purpose. (A) These regulations are intended to define, permit and control the use of signs. They have been established by the board to achieve the following community goals and objectives: 1. Protect the health, safety, and welfare of the public. 2. Promote the economic growth of Roanoke County by creating a community image that is conducive to attracting new business and industrial development. 3. Distribute equitably the privilege of using the public environs to communicate private information. 1 1 4. Permit reasonable legibility and effectiveness of signs and to prevent their over-concentration, improper placement and excessive height, bulk, density, and area. 5. Promote the safety of persons and property by requiring that signs not create a hazard due to collapse, fire, decay, or abandonment. 6. Ensure that signs do not obstruct fire-fighting efforts, and do not create traffic hazards by confusing or distracting motorists or by impairing drivers' ability to see pedestrians, obstacles, or other vehicles or to read traffic signs. 7. Provide for the reasonable advertising of business and civic products and services, with recognition of the effects of signage on the character of the community. 8. Control visual clutter, and encourage high professional standards in sign design and display. 9. Establish clear procedures for the administration and enforcement of this ordinance. Sec. 30-93-2. Permitted Signs. (A) Any sign displayed in Roanoke County shall be comply with: 1. All provisions of the Roanoke County Zoning Ordinance; and, 2. All applicable provisions of the Uniform Statewide Building Code and all amendments thereto; and 3. All state and federal regulations pertaining to the display of signage. (B) If any two (2) or more sections of the above referenced regulations are in conflict, the provision that provides the most restrictive standard shall apply. Sec. 30-93-3. Exempted Signs. (A) The following signs shall be exempted from regulation, and may be displayed within Roanoke County without obtaining a sign permit. However, an electrical permit shall be required for any sign requiring or incorporating electrical service: 1. Official traffic signs or similar regulatory devices=' ~~,~~ -` .zany ,Qthe~. signs... owned, erected and maintained by a duly constituted governmental body. 2 2. Signs required to be displayed or maintained by law or governmental order, rule or regulation. 3. Memorial tablets or signs, provided they are displayed by a public or quasi-public agency. 4. Directional signs provided that each such sign does not exceed } three~~,~3}, square feet per sign, 5. Street address signs, not exceeding ten (10) square feet in size. 6. Non-illuminated signs, not more than three (3) square feet in area warning trespassers or announcing property as posted. 7. Signs displayed on a truck, bus, or other vehicle while in use in the normal conduct of business. This section shall not be interpreted to permit the parking for display purposes a vehicle to which a sign is attached or the use of such a vehicle as a portable sign. 8. Flags and insignias of any government except when displayed in connection with commercial purposes. 9. On-premises real estate signs in residential or agricultural zoning districts not exceeding five (5) square feet in area, or on-premises real estate signs in commercial or industrial zoning districts not exceeding sixteen (16) square feet in area. On-premises real estate signs larger than these exempted allowances may be installed as temporary signs in accordance with Section 30-93-8(B). 10. Clocks that display time and temperature through the use of mechanical means or the controlled display of lights, provided these devices do not display any other message. 11. Political campaign signs provided that they are located outside of the public right-of-way, and are removed within fourteen (14) days after the campaign. 12. Signs displayed between Thanksgiving and Christmas associated with the sale of Christmas trees and wreaths. 13. Signs on the inside of establishments, except those signs specified in Sections 30-93-4(A)5. and 7., which shall not be excluded. 14. On-premises agricultural product signs associated with the seasonal 3 and/or incidental sale of such products on property where the primary land use is residential or agricultural, provided such signs do not exceed four (4) square feet in area. 15. Signs that are displayed by or promote civic, religious, educational or charitable organizations or causes, provided such signs are displayed no longer than thirty (30) days per calendar year. Sec. 30-93-4. Prohibited Signs. (A) The following signs are prohibited within Roanoke County: 1. Any sign that due to its size, location, color, or illumination obscures a sign displayed by a public authority for the purpose of giving traffic or safety instructions or directions. 2. Any sign that contains or consists of pennants, ribbons, spinners, or other similar moving devices. 3. Any sign, except an official public notice, which is nailed, tacked, posted, or in any other manner attached to any utility pole, or structure supporting wire, cable, or pipe; or to public property of any description. 4. Any sign located within a public right-of-way, except for signs displayed by a duly constituted governmental authority. 5. Flashing or revolving lights, or beacons intended to direct attention to a location, building or service, or any similar device otherwise displayed that imitates by its design or use, emergency service vehicles or equipment. 6. Any sign that simulates an official traffic sign or signal, and which contains the words "STOP," "GO," "SLOW," "CAUTION," "DANGER," "WARNING," or similar words. 7. Any sign or portion thereof that rotates, or otherwise moves through the use of electrical or wind power. This prohibition does not include the changing of messages on electronic message boards. 8. Signs advertising activities or products that are illegal under federal, state, or county law. 9. Any sign that obstructs any building door, window, or other means of egress. 10. Any electrical sign that does not display the UL, ETL, CSA, or ULC label, unless such sign is constructed, installed, and inspected in accordance 4 with Section 30-93-9(B). 11. Signs or sign structures that are erected on, or extend over, a piece of property without the expressed written permission of the property owner or the owner's agent. 12. Any sign that due to its size, location or height obstructs the vision of motorists or pedestrians at any intersection, or similarly obstructs the vision of motorists entering a public right-of-way from private property. y~13 ,.~ortabls.sigrs ~,,,.,~ ~oo~:sgns Sec. 30-93-5. Sign Permits. (A) Except as provided in Sectior Roanoke County without an may be obtained from t development. Signs that are conform to the provisions square footage of such sigr signage on a lot. 30-93-3, no sign may be erected or displayed in approved sign permit. Applications for a sign permit ~e Roanoke County Department of community not visible from a public right-of-way do not have to .f Section 30-93-13, District Regulations, and the s shall not be included when calculating allowable (B) Any owner of a parcel of land upon which a sign is to be displayed, or any authorized agent of such owner may apply for a sign permit. (C) Every application for a sign permit shall include a sketch of the property indicating the lot frontage. The application shall also indicate the square footage of all existing signs on the property, and the area, size, structure, design, location, lighting, and materials for the proposed signs. In addition, the administrator may require that the application contain any other information that is necessary to ensure compliance with, or effectively administer, these regulations. (D) Anon-refundable sign permit fee is due and payable with the filing of a sign permit application. More than one sign on one building or group of buildings located on the same parcel of land may be included on one application provided that all such signs be applied for at one time. ^,~-s~n,~;:~ ^^r^^~ °~^^ ~°rm;± ,,,w~~ _eg (E) After the issuance of an approved sign permit, the applicant may install and display any such sign or signs approved. Once installed, the administrator may inspect the sign(s) for conformance with the approved sign permit and this ordinance. If 5 the displayed sign(s), due to size, location, height, or number do not conform to the information on the approved sign permit, or the applicable standards of this ordinance, the administrator shall notify the applicant in accordance with Section 30-21. (F) Any sign permit issued shall be null and void if any sign for which the permit was issued is not installed in accordance with the permit within six (6) months of the date the permit was approved. (G) Maintenance, repair, or restoration of nonconforming signs shall be in accordance with Section 30-93-11. If the value of such work exceeds fifty (50) percent of its replacement value, it shall only be authorized after the approval of a sign permit application. (Ord. No. 042799-11, § 1 d., 4-27-99) Sec. 30-93-6. Measurement of Sign Area and Distances. (A) Sign area shall be calculated as follows: 1. The area of a suspended, attached, or projecting sign, where the letters, numerals, or symbols are on a sign surface which is hung or affixed to a structure, shall be the total area of the hung or affixed surfaces. 2. The area of an attached sign where the sign consists of words, symbols, or numerals painted on or affixed to a wall, fence, or other building element shall be the entire area within a continuous perimeter enclosing the extreme limits of each word, group of words, symbol, numeral, groups of symbols, or groups of numerals, where the symbols or numbers are meant to be read as a unit. 3. The area of a freestanding sign shall be the total area of all surfaces (excluding poles or other support structures) visible from the public right- of-way. For double or multi-faced signs, only the area of surfaces visible at any one time, at any one point on the public right-of-way shall be measured when calculating sign area. 4. The area of monument-type freestanding signs shall be determined by (1) the size of the copy area, (2) visual breaks in the structural components of the sign, and/or (3) variation in the monuments color scheme. (B) The minimum separation between freestanding signs shall be the shortest distance between two (2) signs, measured in a straight line. (C) In situations where these criteria do not provide guidance in determining sign area or minimum separation the administrator shall make the determination. 6 Sec. 30-93-7. Calculation of Allowable Sign Area on Corner Lots. (A) On corner lots, the front shall be either (a) the side fronting the street providing major access, or (b) the side which the main entrance of the structure faces. In situations where neither of these methods clearly distinguishes the front, the administrator shall make a determination. (B) For commercial or industrial uses, the front shall not be a primarily residential street. (C) On corner lots where a building or buildings face more than one street, sign area shall be allowed for front lineal footage as indicated in the district regulations, and for one-half the side street frontage, provided: 1. The side street does not front on a primarily residential area; 2. Sign area as determined by each frontage is placed only on the frontage from which it is determined. Sec. 30-93-8. Temporary Signs. (A) Any person wishing to display a temporary sign must apply for a sign permit pursuant to Section 30-93-5. Except as provided in subsections (B) and (C) below, pertaining to real estate and construction signs, temporary signs shall comply with the following standards: 1. Each business or use on a lot shall be allowed to display ~ _, .,~..,, ~XI?~~ a~.,~:~~,~~n~.,~~~~;.~a~h~.~~~?~~.:'Year~ n~„ h,, ;.,o~~ m.,,, ,~;~„~~, 7 (B) Real estate signs greater than sixteen (16) square feet in commercial or industrial zoning districts or greater than five (5) square feet in agricultural or residential zoning districts may be installed on a lot provided that each such sign does not exceed ninety-six (96) square feet in area, and has a minimum sign setback of fifteen (15) feet from any public right-of-way. All real estate signs must be removed within fourteen (14) days after the property has been sold or leased. (C) On premises construction signs may be installed on active construction sites. No construction sign shall exceed ninety-six (96) square feet in area. Any such sign must have a minimum sign setback of fifteen (15) feet from any public right-of- way. All construction signs must be removed from a construction site prior to the issuance of a certificate of zoning compliance for the building or project. Sec. 30-93-9. Illuminated Signs. (A) ,.. n1~ss:.oth~~is~..pr,,,~.hib~~„r igns may be illuminated either through the use of backlighting or direct lighting provided the following standards are met: Information on any illumination proposed as part of a sign must be provided by the applicant on the sign permit application. 2. No light from any illuminated sign shall cause direct glare into or upon any building other than the building to which the sign is related. 3. No light from any illuminated sign shall cause direct glare on to any adjoining piece of property, or any adjoining right-of-way. (B) Any sign containing electrical components shall conform to current UL, ETL, CSA, or ULC standards and display a label from one of these recognized testing labs; or as an alternative, shall be designed and constructed to standards that would allow one of the above referenced labels to be affixed and thereafter inspected by Roanoke County to insure compliance with these standards. Sec. 30-93-10. Projecting and Suspended Signs. (A) No projecting or suspended sign shall extend more than six (6) feet from any wall or other structure to which it is affixed, nor shall any such sign have a setback of less than fifteen (15) feet from the nearest public right-of-way. (B) The bottom edge of any projecting or suspended sign must be at least seven (7) feet above the ground if located above any publicly accessible walkway or driveway. (C) No projecting or suspended sign shall project or suspend over an adjoining lot, without the expressed written consent of the adjoining property owner. w..,,__~ Sec. 30-93-11. R zQ~ Nonconforming Signs. (A) Any sign which was lawfully in existence at the time of the effective date of this ordinance which does not conform to the provisions herein, and any sign which is accessory to a nonconforming use, shall be deemed a nonconforming sign and may remain except as qualified in subsection (C), below. No nonconforming sign shall be enlarged, extended, structurally reconstructed, or altered in any manner; except a sign head may be changed so long as the new head is equal to, or reduced in height, sign area, and/or projection, and so long as the sign is not changed from an on-premises sign to an off-premises sign. (B) The addition of lighting or illumination to a nonconforming sign, shall constitute an expansion of a nonconforming structure, and shall not be permitted under these regulations. 9 Sec. 30-93-12. Damaged or Neglected Signs. (A) The Building Commissioner of Roanoke County shall have the authority to order the removal, without compensation, of any sign or sign structure that due to neglect or damage poses a clear danger to the health, safety and welfare of the public. Sec. 30-93-13. District Regulations. (A) AG-3 and AG-1 Zoning Districts. 1. Lots within an AG-3 and AG-1 districts shall be allowed a maximum signage allocation not to exceed one-quarter (0.25) square foot of sign area per one (1) lineal foot of lot frontage. 2. The following signs shall be allowed in the AG-3 and AG-1 districts subject to the regulations contained herein: Business Signs. Each permitted business shall be allowed a maximum of fifty (50) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in 10 (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. Identification Signs. A maximum of thirty (30) square feet shall be allowed per use. Home Occupation Signs. A maximum of two (2) square feet shall be allowed per home occupation, or group of home occupations within one (1) home. Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed per sign. Temporary Signs. Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No freestanding sign shall be allowed on any lot havingless than fwe ,he m~n~mum;~~c~uGre~Qt fr „~, Q~rig`. d~~~r~t , of,~,~th~. ~pr'op,~rty. The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be two hundred fifty (250) feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. 4. . ~inim~m:~sag~""sit " ra -.~~ ro~nt:prap <line~:f~~e~nw(~~~'fee 5. AI~~~tan~Jinn inn h II ovnoorl fiffoon /') ~.1 font _in- I~oin}~t .~m ,. ~ rClii~...vv..... ... ......~. ~ ...~ ...... ... .....~. 6. No establishment shall be allowed more than four (4) signs. (B)AR, R-1, R-2, R-3, R-4 and R-MH Zoning District Regulations. 1. Lots within AR, R-1, R-2, R-3, R-4, and R-MH districts shall be allowed a maximum signage allocation not to exceed one-quarter (0.25) square foot of sign area per one (1) lineal foot of lot frontage. 2. The following signs shall be allowed in the AR, R-1, R-2, R-3, R-4 and R- MH districts subject to the regulations contained herein: Business Signs. Each permitted business in a residential district shall be allowed a maximum of thirty (30) square feet of sign area, 11 provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. Identification Signs. A maximum of thirty (30) square feet shall be allowed per use. Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed per sign. Temporary Signs. Temporary signs shall be allowed in accordance with Section 30-93-8, e~cs°~t~e~ta~e~iy„Ts"~"~~e",°p;<9d• 3. No freestanding business sign shall be allowed on any lot having less than ._ ti ~--. ,~,.. ~, ,, r tha~op~~~~di~,~r>=q~~o~:the property. The required minimum separation for all freestanding signs on a lot or lots under single ownership or control shall be two hundred fifty (250) feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. 4. ~orr~rQ~t pr~f?~?~Y~~: s fiftee,_;;~5 `'' e 5. I~In free+~+nrlinn inn chNll o,__oor! for /1 /1\ foo+ in hoinh+ ~wm~~~~ '{mm'{(( 6. No establishment shall be allowed more than two (2) signs. nom, - .,.-~_ (C) AV Village Center and NC Neighborhood Commercial District Regulations. 1. Lots within AV and NC districts shall be allowed a maximum signage allocation not to exceed one (1) square foot of sign area per one (1) lineal foot of lot frontage. 2. The following signs shall be allowed in AV and NC districts subject to the regulations contained herein: Business Signs. Each permitted business in AV and NC districts shall be allowed a maximum of four hundred (400) square feet of sign area, provided that the total signage on the lot does not exceed the 12 allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. Identification Signs. Identification signs shall be subject to the same regulations as business signs within this district. Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed per sign. Temporary Signs. Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No on-premises freestanding sign shall be allowed on any lot havin less than BR hi ~nrlrorl /1(1(1\ foo+ of In+ frnn+~no ~~~ I ~ I ~ril. e ~~~~.fQ~:~~th~~ ~p~l~riq``ci~,~ Ct, of,. ~~'prpp. The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be two hundred fifty (250) feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. 4. ~nt~i ~ 1~ne', ~ift~~ra r(1 ~)'fe 5. 6. No establishment shall be allowed more than four (4) signs. (D) C-1 Office District Regulations. Max~nu'in 1. Lots within a C-1 district shall be allowed a maximum signage allocation not to exceed one-half (0.5) square foot of sign area per one (1) lineal foot of lot frontage. 2. The following signs shall be allowed in the C-1 Office District subject to the regulations contained herein: Business Signs. Each permitted business in a C-1 district shall be allowed a maximum of five hundred (500) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. 13 Identification Signs. Identification signs shall be subject to the same regulations as business signs within this district. Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed per sign. Temporary Signs. Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No on-premises freestanding sign shall be allowed on any lot having less than ll~,e3rminim-~m:~re,~tre~, a ;.~?ri or~thg~oning d~str~cx ofs~the. property. The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be two hundred fifty (250) feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. ~. Aln froo~~'+niJinn inn ~hnll nvnoar^I fifinon /1 ~.\ food in hoinht No establishment shall be allowed more than four (4) signs. (E) C-2 General Commercial District Regulations. 1. Lots within a C-2 district shall be allowed a maximum signage allocation not to exceed one and one-half (1.50) square feet of sign area per one (1) lineal foot of lot frontage. 2. The following signs shall be allowed in the C-2 General Commercial District subject to the regulations contained herein: Business Signs. Each permitted business in a C-2 district shall be 14 4. allowed a maximum of five hundred (500) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. Identification Signs. Identification signs shall be subject to the same regulations as business signs within this district. Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed per sign. Temporary Signs. Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No on-premises freestanding sign shall be allowed on any lot havin less than he,,~r,~ o~~~:,~or~~th~gr.~ils~e:Kp~~q~~.r The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be two hundred fifty (250) feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. Notwithstanding the above, the administrator may waive, in writing, the two hundred fifty-foot separation requirement between freestanding signs provided the administrator finds the following standards are met: a. No more than one (1) freestanding sign shall be allowed for each two fifty (250) feet of lot frontage, or portion thereof, under single ownership or control. b. The new freestanding sign is a monument sign with a maximum height of fifteen (15) feet and a maximum width of ten (10) feet. c. The placement of the sign in the desired location does not promote visual sign clutter on the property or surrounding area. d. In exchange for the placement of the new freestanding sign in the desired location, the applicant or property owner proposes, and agrees in writing to undertake, significant improvements to existing signage on the property. These improvements shall be designed to reduce existing sign clutter, enhance sign design, and promote the overall visual appearance of the property. e. All other sign ordinance requirements regarding the placement and size of the sign are met. 15 d. hln froo~l~+nrlinn inn e•h•+ll ovnoo~J luionl~i_fi.io M~\ fool in heinhl No establishment shall be allowed more than five (5) signs. (F)1-1 and I-2 Industrial Zoning District Regulations. 1. Lots within I-1 and I-2 districts shall be allowed a maximum signage allocation not to exceed one and one-half (1.5) square feet of sign area per one (1) lineal foot of lot frontage. 2. The following signs shall be allowed in the I-1 and I-2 districts subject to the regulations contained herein: Business Signs. Each business in an industrial zoning district shall be allowed a maximum of three hundred (300) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed per sign. Identification Signs. Identification signs shall be subject to the same regulations as business signs within this district. Temporary Signs. Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No on-premises freestanding sign shall be allowed on any lot having less 16 4. than separation for freestanding signs control shall be two hundred fifty located within fifteen (15) feet adjacent or adjoining lot. °"'~' The required minimum on a lot or lots under single ownership or (250) feet. No freestanding sign shall be of any other freestanding sign on an Cd. ~Iy frnno+•+nr+inn c inn eh~+ll °vn°or! fiaon+v_fi~i° Mi-.\ f°°+ in h°inh+_ ...,.w~,...,..y ...y...,..w...,,.,,. .............~ ..... ~_.., ..........._.~.._. No establishment shall be allowed more than five (5) signs. Sec. 30-93-14. Special Signage Districts and Regulations. ~~jln nff nr°mic °c cinn,~J#~+r++°rl ~~ii+hin ~_~~~n~nffr~nT~~i~~,~_nn nr r+n nfF nr°mic•°c Ginn fnr ~~ihinh o ~i~lirl ~ ........., .y.. .... ......... ... ......... nnrmi+ h.. h°on nh+nin°r+ hi i+ hoc nn+ ~i°+ h°on °r°n+°rl ~~p~~~ f s i i ~ ~~ nnr~;.+ll~n~i~~nh inn ~~ne°r'I +hirF~i_fi~i° /'~~~GG+rm--hf~{~~'~-ttiG CiA° by c iiJ° i+n~ ~hl° .+nr! mi it+i_A Uor °~ cinncshnll nn+ hn 4. ~,~T,~~~~T~a--~~~--Qes,~e#-pre~is~ ~ w~ ~~~ 4nv r+FF nr°mic•°~ jinn m~~e+ h~~i° .~ minim~im Finns°+h.+nL of fnr+~i /il/1\ f°°+ 17 4. frn~m °n~~frnnp~~m° uihinh°~i°r ic_nr°n+°r. ". ,! r ~~ninim~ im oirlo r+nrl/nr ro'+r v~+rr! oo4hNnL _f fif~oon /1 ~i1 fnn~ ~-` Tho m.+X~ aim 'moo of nnv goo oi~n nn n Inf chill he 4hron 6rrrc-rrrcn cr~ca ~ .. r. " c~~T ri--vrr-a--rvz-vrrcn~v~ cr,. vim.. omhollichmnn~c 19 (B) Shopping Centers. Within shopping center square footage that existed prior to the adoption of this ordinance, new or existing businesses may modify or replace their existing attached signs provided the area of the modified or new signage is equal to or less than the original displayed signage. Modifications to freestanding signs shall be in accord with the district regulations. In addition, notwithstanding the provisions of Section 30-93-13(E)2., within enclosed shopping centers exceeding two hundred fifty thousand (250,000) gross floor area, businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of one hundred (100) square feet of signage, provided the business has a minimum gross floor area of thirty-two thousand (32,000) square feet, and the sign displayed shall be located a minimum of three hundred (300) feet from the closest public right-of-way. (C) Planned Developments. A signage plan shall be submitted as part of any proposal for a Planned Residential Development (PRD), Planned Commercial Development (PCD), or Planned Technology Development (PTD) as authorized elsewhere in this ordinance. The signage plan shall be part of the required 20 preliminary development plan. All signage plans shall be of sufficient detail to allow the commission and board to judge the compatibility of the proposed signage with the character of the proposed PRD, PCD or PTD. At a minimum, all signage plans shall provide information on the general size, location, style, color, and materials of all signs proposed. In evaluating the PRD, PCD or PTD proposal, the commission and board shall consider the appropriateness of the proposed signage plan in relation to the character of the proposed development, and the surrounding area. (D) Airport Overlay District. The allowable height of signs within any established Airport Overlay District shall be governed by the height restriction for that district, or the height restriction imposed by the applicable district regulation, whichever is more restrictive. (E) Lots without Public Street Frontage. Lots without public street frontage that existed upon the effective date of this ordinance shall be allowed signage based upon the applicable district regulations as provided for in Section 30-93-13 of this ordinance. Permitted signage shall be calculated based upon the frontage width of the lot that parallels the nearest public street. (F) Clearbrook village overlay district. signage within the Clearbrook village overlay district should be planned, designed and installed to complement a buildings architectural style. All signage within the Clearbrook village overlay district shall comply with C-1 office district regulations with the following exceptions: 1. Lots within the Clearbrook village overlay district shall be allowed a maximum signage allocation not to exceed one (1) square foot of sign area per one (1) lineal foot of lot frontage. 2. signage placed on a building wall shall occupy less than five (5) percent of the facade of that wall. 3. All freestanding signs shall be of a monument design and shall meet the following criteria: a. Monument signs, including their structure, shall not exceed seven (7) feet in height, or ten (10) feet in width. b. Signs shall be channel lit, ground lit, or top lit with a shielded light source so as not cast light onto the path of traffic or on any adjacent road or property. 4. No establishment shall be allowed more than three (3) signs. 5. A maximum of two (2) directional signs shall be allowed per lot, and no directional sign shall exceed two (2) square feet in size. 21 6. The following signs shall be prohibited in the Clearbrook village overlay district: a. Off-premises signs. b. Temporary signs. c. Portable signs. d. Roof signs. (Ord. No. 42694-12, § 25, 4-26-94; Ord. No. 72595-9, § 1, 7-25-95; Ord. No. 042799- Sec. 30-93-15. Variances. (A) Requests for variances to these sign regulations shall follow the rocedures outlined in Section 30-24 of the Zoning Ordinance. The oard of oning ppeals, in considering any variance request, shall follow the guidelines of this section, and section 15.2-2309 of the Code of Virginia, (1950), as amended. The power to grant variances does not extend to an economic hardship related to the cost, size or location of a new sign, or to the convenience of an applicant, nor should it be extended to the convenience of regional or national businesses which propose to use a standard sign when it does not conform to the provisions of this section. (Ord. No. 042799-11, § 1 a., 4-27-99) Sec. 30-28, Definitions Freestanding sign: A sign which is supported by structures or supports ~^ ^r „^^^ +"° 9~~;, p i,y d. ~,~ thes;;ground= and is independent of an support from any building. Portable sign: A fr°°e•+-~,.,rlir~n +°m.,nr~.,i s8if-suppor~ec sign that is designed to be moved easily, and is not permanently affixed to the groundw~nctudtng :b;~u~n~ ~:#g Replacement sent Vie: The cost of restoring a damaged g--er structure to its original condition. Replacement lest uaiu shall include reasonable estimates of the cost of materials and labor, and shall be compared with the assesysee°~' ~~^'~~° ^~ p j ~,... 3r i4~ , ~ ~i Wd vete~rmrimnr°r~ 1-~~i +h° nniin+~i ~cc°cc^r G~~~~r~t ~~St<.O~'Yirr.~i.~ ~'`'~ .. _ ~.. structure to determine the percentage of the cost of improvements. 22 .tIYVP,, ~ G~ ~ Temporary sign Any sign ;~.~th, ignf~whc aranj~ affixed to the ground, a building or other structure, -' but. nat~,lmtted.tc? b~n~~ ~nd~~lag~ and/or an on-premise sign applying to a seasonal or brief activity such as, but not limited to, summer camps, horse shows, yard sales, Christmas tree sales, business promotions, auctions and carnivals. For the purposes of these regulations, on-premises real estate signs and signs displayed on active construction projects shall be considered temporary when displayed in accordance with Section 30-93-8. 2. That this ordinance shall be effective from and after is adoption. On motion of Supervisor Altizer to adopt the ordinance with the deletion of Paragraph 7 of Sec. 30-03-13 District Regulations (B) "Backlighted signs shall not be permitted in the R-1 zoning district," and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None A COPY TESTE: Brenda J. olton, CMC Deputy Clerk to the Board of Supervisors 23 cc: File Circuit Court Clifford R. Weckstein, Judge William Broadhurst, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, Judge James R. Swanson, Judge Charles N. Dorsey, Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court George W. Harris, Judge Vincent Lilley, Judge Julian H. Raney, Judge Jacqueline F. Ward Talevi, Judge Francis W. Burkart, III, Judge Theresa A. Childress, Clerk Gerald Holt, Sheriff Paul Mahoney, County Attorney Randy Leach, Commonwealth Attorney Magistrates Sherri Krantz/Betty Perry Main Library Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book John M. Chambliss, Jr., Assistant County Administrator Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, Chief Financial Officer O. Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Gary Robertson, Director, Utility Rebecca Owens, Director, Finance David Davis, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism William E. Driver Director, Real Estate Valuation Alfred C. Anderson, Treasurer Nancy Horn, Commissioner of Revenue 24 ~3 PETITIONER: Roanoke County Planning Commission CASE NUMBER: 4/2003 Planning Commission Hearing Date: September 2, 2003 (Reconsideration continued) Board of Supervisors Hearing Date: September 23, 2003 A. REQUEST The petition of the Roanoke County Planning Commission to amend the Roanoke County Zoning Ordinance Section 30-93, Signs. (Board of Supervisors referred petition to the Planning Commission for further consideration) B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION Mr. David Holladay presented a summary of the work leading up to the proposed amendments, including the discussion at the 9/2/2003 afternoon work session regarding back lit signs in the R1 zoning district. There was no further discussion. D. CONDITIONS E. COMMISSION ACTION(S) Mr. Witt made a motion to recommend approval of Draft #6, Proposed Sign Ordinance Amendments, dated September 2, 2003, with additional code regulations prohibiting back lit signs in the R1 zoning district, to be written by Planning Staff and included in Draft #7 to be forwarded to the Board of Supervisors. Motion carried 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission ACTION NO. ITEM NO. -S- 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 23, 2003 AGENDA ITEM: Proposed amendments to the Roanoke County Zoning Ordinance, Section 30-93, Signs SUBMITTED BY: Janet Scheid Chief Planner APPROVED BY: Elmer C. Hodge ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Planning Commission has prepared amendments to the sections of the zoning ordinance that regulate signs. These amendments are the result of meetings throughout 2002 and 2003 between Roanoke County staff, the Planning Commission, the Board of Supervisors and sign industry representatives. Some of the amendments are intended to clarify sections of the ordinance that did not offer clear guidance for interpretation. Other amendments are proposed to help make enforcement more efficient and equitable. The proposed amendments are indicated in the attached ordinance. Text to be removed is struck through, and text to be added is shaded. On June 10, 2003, the Planning Commission and Board of Supervisors held a joint work session on the proposed amendments to the sign ordinance. At that time, the Board of Supervisors directed Community Development staff to work with the Planning Commission and representatives of the outdoor advertising industry to reach a consensus on issues relating to off-premises signs. During work sessions in July and August, the Planning Commission discussed the remaining issues, and a consensus was reached. The resulting ordinance is intended to regulate the removal and consolidation of existing billboards. It places a cap on the number of billboards and this cap will be lowered each time a billboard is removed or consolidated. These changes are found in the following sections of the zoning ordinance: ~ r Section 30-93-11. Repairs of Nonconforming Signs (pages 8 -10) Section 30-93-14. Special Signage Districts and Regulations (A) Off-premises Signs (pages 17 - 20) In addition to the changes to the above two sections of the zoning ordinance, the Planning Commission, at their September 2, 2003 work session and public hearing, added amendments prohibiting certain lighted signs in the R1 zoning district. Those changes are found in the following sections of the zoning ordinance: Section 30-93-9 (A). Illuminated Signs Section 30-93-13 (B). District Regulations FISCAL IMPACT: None ALTERNATIVES: 1. Adopt the ordinance amendments. 2. Do not adopt the ordinance amendments. STAFF RECOMMENDATION: Staff recommends Alternative #1. (page 7) (page 12) a ~, .~ y. PETITIONER: Roanoke County Planning Commission CASE NUMBER: 4/2003 Planning Commission Hearing Date: September 2, 2003 (Reconsideration continued) Board of Supervisors Hearing Date: September 23, 2003 A. REQUEST The petition of the Roanoke County Planning Commission to amend the Roanoke County Zoning Ordinance Section 30-93, Signs. (Board of Supervisors referred petition to the Planning Commission for further consideration) B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION Mr. David Holladay presented a summary of the work leading up to the proposed amendments, including the discussion at the 9/2/2003 afternoon work session regarding back lit signs in the R1 zoning district. There was no further discussion. D. CONDITIONS E. COMMISSION ACTION(S) Mr. Witt made a motion to recommend approval of Draft #6, Proposed Sign Ordinance Amendments, dated September 2, 2003, with additional code regulations prohibiting back lit signs in the R1 zoning district, to be written by Planning Staff and forwarded with Draft #6. Motion carried 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2003 ORDINANCE TO AMEND SECTION 30-93. SIGNS OF THE ROANOKE COUNTY CODE WHEREAS, the Roanoke County Planning Commission held a work session and public hearing on the proposed sign ordinance amendments on April 1, 2003; and WHEREAS, the Board of Supervisors of Roanoke County held a work session and public hearing on May 27, 2003, and referred this matter back to the Planning Commission for review; and WHEREAS, the Planning Commission held a work session and public hearing on this matter on September 2, 2003; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 30-93. Siclns of the Roanoke County Code be amended to read and provide as follows: SEC. 30-93. SIGNS. Sec. 30-93-1. Purpose. (A) These regulations are intended to define, permit and control the use of signs. They have been established by the board to achieve the following community goals and objectives: 1. Protect the health, safety, and welfare of the public. 2. Promote the economic growth of Roanoke County by creating a community image that is conducive to attracting new business and industrial development. 3. Distribute equitably the privilege of using the public environs to communicate private information. 4. Permit reasonable legibility and effectiveness of signs and to prevent their over- 1 concentration, improper placement and excessive height, bulk, density, and area. 5. Promote the safety of persons and property by requiring that signs not create a hazard due to collapse, fire, decay, or abandonment. 6. Ensure that signs do not obstruct fire-fighting efforts, and do not create traffic hazards by confusing or distracting motorists or by impairing drivers' ability to see pedestrians, obstacles, or other vehicles or to read traffic signs. 7. Provide for the reasonable advertising of business and civic products and services, with recognition of the effects of signage on the character of the community. 8. Control visual clutter, and encourage high professional standards in sign design and display. 9. Establish clear procedures for the administration and enforcement of this ordinance. Sec. 30-93-2. Permitted Signs. (A) Any sign displayed in Roanoke County shall be comply with: All provisions of the Roanoke County Zoning Ordinance; and, 2. All applicable provisions of the Uniform Statewide Building Code and all amendments thereto; and 3. All state and federal regulations pertaining to the display of signage. (B) If any two (2) or more sections of the above referenced regulations are in conflict, the provision that provides the most restrictive standard shall apply. Sec. 30-93-3. Exempted Signs. (A) The following signs shall be exempted from regulation, and may be displayed within Roanoke County without obtaining a sign permit. However, an electrical permit shall be required for any sign requiring or incorporating electrical service: Official traffic signs or similar regulatory devices®~ owned, erected and maintained by a duly constituted governmental body. 2. Signs required to be displayed or maintained by law or governmental order, rule or regulation. Memorial tablets or signs, provided they are displayed by a public or quasi-public 2 agency. 4. Directional signs provided that each such sign does not exceed €rve{~) square feet per sign, 5. Street address signs, not exceeding ten (10) square feet in size. 6. Non-illuminated signs, not more than three (3) square feet in area warning trespassers or announcing property as posted. 7. Signs displayed on a truck, bus, or other vehicle while in use in the normal conduct of business. This section shall not be interpreted to permit the parking for display purposes a vehicle to which a sign is attached or the use of such a vehicle as a portable sign. 8. Flags and insignias of any government except when displayed in connection with commercial purposes. 9. On-premises real estate signs in residential or agricultural zoning districts not exceeding five (5) square feet in area, or on-premises real estate signs in commercial or industrial zoning districts not exceeding sixteen (16) square feet in area. On-premises real estate signs larger than these exempted allowances maybe installed as temporary signs in accordance with Section 30-93-8(B). 10. Clocks that display time and temperature through the use of mechanical means or the controlled display of lights, provided these devices do not display any other message. 11. Political campaign signs provided that they are located outside of the public right- of-way, and are removed within fourteen (14) days after the campaign. 12. Signs displayed between Thanksgiving and Christmas associated with the sale of Christmas trees and wreaths. 13. Signs on the inside of establishments, except those signs specified in Sections 30- 93-4(A)5. and 7., which shall not be excluded. 14. On-premises agricultural product signs associated with the seasonal and/or incidental sale of such products on property where the primary land use is residential or agricultural, provided such signs do not exceed four (4) square feet in area. 15. Signs that are displayed by or promote civic, religious, educational or charitable organizations or causes, provided such signs are displayed no longer than thirty (30) days per calendar year. 3 Sec. 30-93-4. Prohibited Signs. (A) The following signs are prohibited within Roanoke County: 1. Any sign that due to its size, location, color, or illumination obscures a sign displayed by a public authority for the purpose of giving traffic or safety instructions or directions. 2. Any sign that contains or consists of pennants, ribbons, spinners, or other similar moving devices. Any sign, except an official public notice, which is nailed, tacked, posted, or in any other manner attached to any utility pole, or structure supporting wire, cable, or pipe; or to public property of any description. 4. Any sign located within a public right-of-way, except for signs displayed by a duly constituted governmental authority. 5. Flashing or revolving lights, or beacons intended to direct attention to a location, building or service, or any similar device otherwise displayed that imitates by its design or use, emergency service vehicles or equipment. 6. Any sign that simulates an official traffic sign or signal, and which contains the words "STOP," "GO," "SLOW," "CAUTION," "DANGER," "WARNING," or similar words. 7. Any sign or portion thereof that rotates, or otherwise moves through the use of electrical or wind power. This prohibition does not include the changing of messages on electronic message boards. 8. Signs advertising activities or products that are illegal under federal, state, or county law. 9. Any sign that obstructs any building door, window, or other means of egress. 10. Any electrical sign that does not display the UL, ETL, CSA, or ULC label, unless such sign is constructed, installed, and inspected in accordance with Section 30- 93-9(B). 11. Signs or sign structures that are erected on, or extend over, a piece of property without the expressed written permission of the property owner or the owner's agent. 12. Any sign that due to its size, location or height obstructs the vision of motorists or pedestrians at any intersection, or similarly obstructs the vision of motorists entering a public right-of-way from private property. 4 Sec. 30-93-5. Sign Permits. (A) Except as provided in Section 30-93-3, no sign may be erected or displayed in Roanoke County without an approved sign permit. Applications for a sign permit may be obtained from the Roanoke County Department of community development. Signs that are not visible from a public right-of-way do not have to conform to the provisions of Section 30-93-13, District Regulations, and the square footage of such signs shall not be included when calculating allowable signage on a lot. (B) Any owner of a parcel of land upon which a sign is to be displayed, or any authorized agent of such owner may apply for a sign permit. (C) Every application for a sign permit shall include a sketch of the property indicating the lot frontage. The application shall also indicate the square footage of all existing signs on the property, and the area, size, structure, design, location, lighting, and materials for the proposed signs. In addition, the administrator may require that the application contain any other information that is necessary to ensure compliance with, or effectively administer, these regulations. (D) Anon-refundable sign permit fee is due and payable with the filing of a sign permit application. More than one sign on one building or group of buildings located on the same parcel of land may be included on one application provided that all such signs be applied for at one time. (E) After the issuance of an approved sign permit, the applicant may install and display any such sign or signs approved. Once installed, the administrator may inspect the sign(s) for conformance with the approved sign permit and this ordinance. If the displayed sign(s), due to size, location, height, or number do not conform to the information on the approved sign permit, or the applicable standards of this ordinance, the administrator shall notify the applicant in accordance with Section 30-21. (F) Any sign permit issued shall be null and void if any sign for which the permit was issued is not installed in accordance with the permit within six (6) months of the date the permit was approved. (G) Maintenance, repair, or restoration of nonconforming signs shall be in accordance with Section 30-93-11. If the value of such work exceeds fifty (50) percent of its replacement value, it shall only be authorized after the approval of a sign permit application. 5 r- (Ord. No. 042799-11, § ld., 4-27-99) Sec. 30-93-6. Measurement of Sign Area and Distances. (A) Sign area shall be calculated as follows: The area of a suspended, attached, or projecting sign, where the letters, numerals, or symbols are on a sign surface which is hung or affixed to a structure, shall be the total area of the hung or affixed surfaces. 2. The area of an attached sign where the sign consists of words, symbols, or numerals painted on or affixed to a wall, fence, or other building element shall be the entire area within a continuous perimeter enclosing the extreme limits of each word, group of words, symbol, numeral, groups of symbols, or groups of numerals, where the symbols or numbers are meant to be read as a unit. 3. The area of a freestanding sign shall be the total area of all surfaces (excluding poles or other support structures) visible from the public right-of-way. For double or multi-faced signs, only the area of surfaces visible at any one time, at any one point on the public right-of-way shall be measured when calculating sign area. 4. The area of monument-type freestanding signs shall be determined by (1) the size of the copy area, (2) visual breaks in the structural components of the sign, and/or (3) variation in the monuments color scheme. (B) The minimum separation between freestanding signs shall be the shortest distance between two (2) signs, measured in a straight line. (C) In situations where these criteria do not provide guidance in determining sign area or minimum separation the administrator shall make the determination. Sec. 30-93-7. Calculation of Allowable Sign Area on Corner Lots. (A) On corner lots, the front shall be either (a) the side fronting the street providing major access, or (b) the side which the main entrance of the structure faces. In situations where neither of these methods clearly distinguishes the front, the administrator shall make a determination. (B) For commercial or industrial uses, the front shall not be a primarily residential street. (C) On corner lots where a building or buildings face more than one street, sign area shall be allowed for front lineal footage as indicated in the district regulations, and for one-half the side street frontage, provided: 1. The side street does not front on a primarily residential area; 6 2. Sign area as determined by each frontage is placed only on the frontage from which it is determined. Sec. 30-93-8. Temporary Signs. (A) Any person wishing to display a temporary sign must apply for a sign permit pursuant to Section 30-93-5. Except as provided in subsections (B) and (C) below, pertaining to real estate and construction signs, temporary signs shall comply with the following standards: 1. Each business or use on a lot shall be allowed to *' - A ..r 1,1 „ .1:..1.,..0.1 ~L. ~ .,11 b,.,..o ., • erl..,..L ..f ~ cirr ztri~vrrc i b Y J o ~ ' ~' (B) Real estate signs greater than sixteen (16) square feet in commercial or industrial zoning districts or greater than five (5) square feet in agricultural or residential zoning districts maybe installed on a lot provided that each such sign does not exceed ninety-six (96) square feet in area, and has a minimum sign setback of fifteen (15) feet from any public right-of-way. All real estate signs must be removed within fourteen (14) days after the property has been sold or leased. (C) On premises construction signs may be installed on active construction sites. No construction sign shall exceed ninety-six (96) square feet in area. Any such sign must have a minimum sign setback of fifteen (15) feet from any public right-of-way. All construction signs must be removed from a construction site prior to the issuance of a certificate of zoning compliance for the building or project. Sec. 30-93-9. Illuminated Signs. 7 (A) ~igns may be illuminated either through the use of backlighting or direct lighting provided the following standards are met: 1. Information on any illumination proposed as part of a sign must be provided by the applicant on the sign permit application. 2. No light from any illuminated sign shall cause direct glare into or upon any building other than the building to which the sign is related. 3. No light from any illuminated sign shall cause direct glare on to any adjoining piece of property, or any adjoining right-of-way. (B) Any sign containing electrical components shall conform to current UL, ETL, CSA, or ULC standards and display a label from one of these recognized testing labs; or as an alternative, shall be designed and constructed to standards that would allow one of the above referenced labels to be affixed and thereafter inspected by Roanoke County to insure compliance with these standards. Sec. 30-93-10. Projecting and Suspended Signs. (A) No projecting or suspended sign shall extend more than six (6) feet from any wall or other structure to which it is affixed, nor shall any such sign have a setback of less than fifteen (15) feet from the nearest public right-of-way. (B) The bottom edge of any projecting or suspended sign must be at least seven (7) feet above the ground if located above any publicly accessible walkway or driveway. (C) No projecting or suspended sign shall project or suspend over an adjoining lot, without the expressed written consent of the adjoining property owner. Sec. 30-93-11. Nonconforming Signs. (A) Any sign which was lawfully in existence at the time of the effective date of this ordinance which does not conform to the provisions herein, and any sign which is accessory to a nonconforming use, shall be deemed a nonconforming sign and may remain except as qualified in subsection (C), below. No nonconforming sign shall be enlarged, extended, structurally reconstructed, or altered in any manner; except a sign head may be changed so long as the new head is equal to, or reduced in height, sign area, and/or projection, and so long as the sign is not changed from an on-premises sign to anoff-premises sign. (B) The addition of lighting or illumination to a nonconforming sign, shall constitute an expansion of a nonconforming structure, and shall not be permitted under these regulations. - ~----------------~ --_--- -~--~ ------~-• r- --- - --~ - --~ -- -~ - • --~ €~xg 8 1 A F l,' .. ~., ...,.,._.,J.,._ ..._ ~_----a-- -- ---- -- --- ~.. rl + t' F'F+ !C!l\ + ..« to ..F :4n r,lnno o,+* ..,1, «~ tL.o . l~,o r J ~ ~ Y 7 A f o b l,' L. 't ' .1 r .1 ~l ~ ~xn, i, ~ ~ ~ 1~ o ~ u ~, ~ ~..~ ., . r •*i, rl, a«~~ o ,1'F' .1 L. • 1, F,,11 .. .,1:., .,.,o . :;tL, rl,o.,o ~ o „1.,+:.,.,~ Sec. 30-93-12. Damaged or Neglected Signs. (A) The Building Commissioner of Roanoke County shall have the authority to order the removal, without compensation, of any sign or sign structure that due to neglect or damage poses a clear danger to the health, safety and welfare of the public. Sec. 30-93-13. District Regulations. (A) AG-3 and AG-1 Zoning Districts. Lots within an AG-3 and AG-1 districts shall be allowed a maximum signage allocation not to exceed one-quarter (0.25) square foot of sign area per one (1) lineal foot of lot frontage. 2. The following signs shall be allowed in the AG-3 and AG-1 districts subject to the regulations contained herein: Business Signs. Each permitted business shall be allowed a maximum of fifty (50) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. Identij~cation Signs. A maximum of thirty (30) square feet shall be allowed per use. Home Occupation Signs. A maximum of two (2) square feet shall be allowed per home occupation, or group of home occupations within one (1) home. Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed per sign. Temporary Signs. Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No freestanding sign shall be allowed on an lot havin less than t~~~ed ®~. The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be two hundred fifty (250) feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. 10 4. - ~ ~2.~,~-. 5. 6. No establishment shall be allowed more than four (4) signs. (B)AR, R-1, R-2, R-3, R-4 and R-MH Zoning District Regulations. 1. Lots within AR, R-1, R-2, R-3, R-4, and R-MH districts shall be allowed a maximum signage allocation not to exceed one-quarter (0.25) square foot of sign area per one (1) lineal foot of lot frontage. 2. The following signs shall be allowed in the AR, R-1, R-2, R-3, R-4 and R-MH districts subject to the regulations contained herein: Business Signs. Each permitted business in a residential district shall be allowed a maximum of thirty (30) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. Identification Signs. A maximum of thirty (30) square feet shall be allowed per use. Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed per sign. Temporary Signs. Temporary signs shall be allowed in accordance with Section 30-93-8, 3. No freestanding business sign shall be allowed on an lot havin less than t-~ve . The required minimum separation for all freestanding signs on a lot or lots under single ownership or control shall be two hundred fifty (250) feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. 4. ~~ - 11 5. ~T„ ~ oo~*„„a;„,. ~ ~~,,,ii o ooa .o„ rim goo.:,, ~.o:,.~,~ Ill. 6. No establishment shall be allowed more than two (2) signs. (C) AV Village Center and NC Neighborhood Commercial District Regulations. 1. Lots within AV and NC districts shall be allowed a maximum signage allocation not to exceed one (1) square foot of sign area. per one (1) lineal foot of lot frontage. 2. The following signs shall be allowed in AV and NC districts subject to the regulations contained herein: Business Signs. Each permitted business in AV and NC districts shall be allowed a maximum of four hundred (400) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. Identification Signs. Identification signs shall be subject to the same regulations as business signs within this district. Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed per sign. Temporary Signs. Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No on-premises freestanding sign shall be allowed on an lot Navin less than ene . The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be two hundred fifty (250) feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. 4. 5. 12 6. No establishment shall be allowed more than four (4) signs. (D) C-1 Oj~ce District Regulations. 1. Lots within a C-1 district shall be allowed a maximum signage allocation not to exceed one-half (0.5) square foot of sign area per one (1) lineal foot of lot frontage. 2. The following signs shall be allowed in the C-1 Office District subject to the regulations contained herein: Business Signs. Each permitted business in a C-1 district shall be allowed a maximum of five hundred (500) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. Identij~ication Signs. Identification signs shall be subject to the same regulations as business signs within this district. Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed per sign. Temporary Signs. Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No on-premises freestanding sign shall be allowed on an lot havin less than ene . The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be two hundred fifty (250) feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. 4 . 13 ~. TAT F `~`µ,~..li ,. .. ~1.N11 0..`..orl f;Froo_- /1 G\ Foor --- l.o ..L.r rb yb~, ~-~i 'a'-- b~. No establishment shall be allowed more than four (4) signs. (E) C-2 General Commercial District Regulations. Lots within a C-2 district shall be allowed a maximum signage allocation not to exceed one and one-half (1.50) square feet of sign area per one (1) lineal foot of lot frontage. 2. The following signs shall be allowed in the C-2 General Commercial District subject to the regulations contained herein: Business Signs. Each permitted business in a C-2 district shall be allowed a maximum of five hundred (500) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. Identification Signs. Identification signs shall be subject to the same regulations as business signs within this district. Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed per sign. Temporary Signs. Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No on-premises freestanding sign shall be allowed on an lot Navin less than ene . The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be two hundred fifty (250) feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. Notwithstanding the above, the administrator may waive, in writing, the two hundred fifty-foot separation requirement between freestanding signs provided the administrator finds the following standards are met: a. No more than one (1) freestanding sign shall be allowed for each two fifty (250) feet of lot frontage, or portion thereof, under single ownership or 14 control. b. The new freestanding sign is a monument sign with a maximum height of fifteen (15) feet and a maximum width of ten (10) feet. c. The placement of the sign in the desired location does not promote visual sign clutter on the property or surrounding area. d. In exchange for the placement of the new freestanding sign in the desired location, the applicant or property owner proposes, and agrees in writing to undertake, significant improvements to existing signage on the property. These improvements shall be designed to reduce existing sign clutter, enhance sign design, and promote the overall visual appearance of the property. e. All other sign ordinance requirements regarding the placement and size of the sign are met. 4. o* ~ ,,.., *t,o ,. r+o,a:..o ,.~ .,.,., .,,,t,i;,. ,. ,.t,* „f . ,- F:~«oo., ii c~ ~oe+ F ,.,... „ ~:~ " Z cz viii uii~' ~. - - _~._......., ~.d.. ~.._. _.____....._..., --~- ~--, _--......_.,.... b~. No establishment shall be allowed more than five (5) signs. (F)1-1 and I-2 Industrial Zoning District Regulations. Lots within I-1 and I-2 districts shall be allowed a maximum signage allocation not to exceed one and one-half (1.5) square feet of sign area per one (1) lineal foot of lot frontage. 2. The following signs shall be allowed in the I-1 and I-2 districts subject to the regulations contained herein: 15 Business Signs. Each business in an industrial zoning district shall be allowed a maximum of three hundred (300) square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of twenty-five (25) square feet of signage. Historic Site Signs. A maximum of fifteen (15) square feet shall be allowed per sign. Identification Signs. Identification signs shall be subject to the same regulations as business signs within this district. Temporary Signs. Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No on-premises freestanding sign shall be allowed on any lot having less than ene . The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be two hundred fifty (250) feet. No freestanding sign shall be located within fifteen (15) feet of any other freestanding sign on an adjacent or adjoining lot. 4 . 3. b~. No establishment shall be allowed more than five (5) signs. Sec. 30-93-14. Special Signage Districts and Regulations. C~ -o~i~ ~l~-l~e-~19V6`eE~iirtr~'re,~c c; i ~ , •, •, ~l r 7 rl:., t~iC~ 16 b Y «o o . b., ~ r « o . a., ~ ,. e 7 TAT ff X1,.,11 l,0 1.,~,.,+oa . ,;*1,;,, +.,.,~ 1.,,.,,-1«0,1 /7M\ F e+ ..f .,.... x~c~uE~1~r~Ai3iir~c is~C-~S~„ ~ «L_s.,t,,,.,1 1'l,« « «ol; ..~ vl `J 1, 11 „1, ~ e,l r1.:..r,. f:,.o /2C\ f o+ :.. L,o:..l,+ .,L.,..,o r1.o .,1.,,++:«.. « .,,1 o u •l llll uV Ulllll -v ------~o~ ------- --~ -- .- ~. .~ 4. S~~-~:ao a,,,,>,lo ,,..a .Y,,,1.; ao,.vo« ~,ff 0 1,.,11 „~,+ l,o o«,Y,:«ro,l ~ " uucul llv~ vv Y..~...~«...+. c n.,,, .,ff ., o o ,~ + 1,.,.,o ~ 0+1..,.,1~ ~~ ~~~., /nm ~ o+ F«,,,,, tl, ..+o«l: ,-,f ., „1,1: e o ..1.+ .,f « f~free.., / 1 C\ F er f« F ~,..r A 1~ 1V111 G/ll,' 11 Vlll. ~ ~:,le .,.,,a/..« « .,«a ~v*1-..,~ .L .~f F: Free.. /1 c\ foot v. ...................... 17 18 (B) Shopping Centers. Within shopping center square footage that existed prior to the adoption of this ordinance, new or existing businesses may modify or replace their existing attached signs provided the area of the modified or new signage is equal to or less than the original displayed signage. Modifications to freestanding signs shall be in accord with the district regulations. In addition, notwithstanding the provisions of Section 30-93-13(E)2., within enclosed shopping centers exceeding two hundred fifty thousand (250,000) gross floor area, businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of one hundred (100) square feet of signage, provided the business has a minimum gross floor area of thirty-two thousand (32,000) 19 square feet, and the sign displayed shall be located a minimum of three hundred (300) feet from the closest public right-of-way. (C) Planned Developments. A signage plan shall be submitted as part of any proposal for a Planned Residential Development (PRD), Planned Commercial Development (PCD), or Planned Technology Development (PTD) as authorized elsewhere in this ordinance. The signage plan shall be part of the required preliminary development plan. All signage plans shall be of sufficient detail to allow the commission and board to judge the compatibility of the proposed signage with the character of the proposed PRD, PCD or PTD. At a minimum, all signage plans shall provide information on the general size, location, style, color, and materials of all signs proposed. In evaluating the PRD, PCD or PTD proposal, the commission and board shall consider the appropriateness of the proposed signage plan in relation to the character of the proposed development, and the surrounding area. (D) Airport Overlay District. The allowable height of signs within any established Airport Overlay District shall be governed by the height restriction for that district, or the height restriction imposed by the applicable district regulation, whichever is more restrictive. (E) Lots without Public Street Frontage. Lots without public street frontage that existed upon the effective date of this ordinance shall be allowed signage based upon the applicable district regulations as provided for in Section 30-93-13 of this ordinance. Permitted signage shall be calculated based upon the frontage width of the lot that parallels the nearest public street. (F) Clearbrook village overlay district. signage within the Clearbrook village overlay district should be planned, designed and installed to complement a buildings architectural style. All signage within the Clearbrook village overlay district shall comply with C-1 office district regulations with the following exceptions: 1. Lots within the Clearbrook village overlay district shall be allowed a maximum signage allocation not to exceed one (1) square foot of sign area per one (1) lineal foot of lot frontage. 2. signage placed on a building wall shall occupy less than five (5) percent of the facade of that wall. 3. All freestanding signs shall be of a monument design and shall meet the following criteria: a. Monument signs, including their structure, shall not exceed seven (7) feet in height, or ten (10) feet in width. b. Signs shall be channel lit, ground lit, or top lit with a shielded light source so as not cast light onto the path of traffic or on any adjacent road or property. 20 4. No establishment shall be allowed more than three (3) signs. 5. A maximum of two (2) directional signs shall be allowed per lot, and no directional sign shall exceed two (2) square feet in size. 6. The following signs shall be prohibited in the Clearbrook village overlay district: a. Off-premises signs. b. Temporary signs. Portable signs. d. Roof signs. (Ord. No. 42694-12, § 25, 4-26-94; Ord. No. 72595-9, § 1, 7-25-95; Ord. No. 042799-11, § ld., 4-27-99) Sec. 30-93-15. Variances. (A) Requests for variances to these sign regulations shall follow the procedures outlined in Section 30-24 of the Zoning Ordinance. The board of ~oning ~ppeals, in considering any variance request, shall follow the guidelines of this section, and section 15.2-2309 of the Code of Virginia, (1950), as amended. The power to grant variances does not extend to an economic hardship related to the cost, size or location of a new sign, or to the convenience of an applicant, nor should it be extended to the convenience of regional or national businesses which propose to use a standard sign when it does not conform to the provisions of this section. (Ord. No. 042799-11, § la., 4-27-99) Sec. 30-28, Definitions Freestandin si n: A si n which is su orted by structures or supports i~-er-ttp^~ *'~° ~- ^••~a~ and is independent of any support from any building. Portable sign: A and is not permanently affixed to the ~roi that is desi ned to be moved easily, ~ ^~~ Replacement eat ~: The cost of restoring a damaged ~ structure to its original condition. Replacement east -shall include reasonable estimates of the cost of materials and labor, and shall be compared with the 21 „ . to determine the percentage of the cost of improvements. Tem orar si n: Any sign affixed to the ground, a building or other structure, and/or an on-premise sign applying to a seasonal or brief activity such as, but not limited to, summer camps, horse shows, yard sales, Christmas tree sales, business promotions, auctions and carnivals. For the purposes of these regulations, on-premises real estate signs and signs displayed on active construction projects shall be considered temporary when displayed in accordance with Section 30-93-8. 2. That this ordinance shall be effective from and after is adoption. 22 S- 3 AGENDA ITEM NO. PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: l~rr ~-S'i ~; . ~SC j~tl ,~/~o~~ C~~:S I~~2GS I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given three (3) minutes to comment, whether speaking as an individual or representative. The Chairman 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. ^ AI- 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 ADDRESS: ~~ d ~ (+ ~-t Sc ~ Y~~~ PHONE (OPTIONAL): 5~~-~/C~ r GROUPIORGANIZATION: ..,, AGENDA ITEM NO. 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, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given three (3) minutes to comment, whether speaking as an individual or representative. The Chairman 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 A ~ -~ _ ~-- ADDRESS: ~ ( ` ~ ~_.~-~ iJ ~ r~~r.~ r.( ~,~ ~.~ ~'~ PHONE (OPTIONAL): ~ ~ ~,~ ~~---=~= GROUP/ORGANIZATION: ~_~ ~~ ~ 1~~~1~ ~~-~ ~~-~ i }{i~~~ ll_S~rc ~~~ 6 . ~ -- _- ^~ AGENDA ITEM NO. r PUBLIC HEARING ORDINANCE CITIZEN COMMENTS -~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ^ Each speaker will be given three (3) minutes to comment, whether speaking as an individual or representative. The Chairman 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. N• ^ All comments must be directed to the Board. Debate between a recognized speaker and audience members is not allowed. ^ Both speakers and the audience will exercise courtesy at all times. ^ Speakers are requested to leave any written statements and/or comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD ~.,____. NAME: I "~ ~ C °'~. ~ ~. ; ,j,_ ~.~ `~ ; ~~_ ADDRESS: ~, ~~ '~ r- ~''_ PHONE (OPTIONAL): ~ GROUP/ORGANIZATION ~µ~~ E 0 ` ~ ~- -~ . ~F µOANp~F ti,~ ~~ 2 A ~ .~ OJ ,.. ? • ~aaa ANNE MARIE GREEN DIRECTOR agreen ~co.roanoke.va.us Richard Gordon 1661 Skyview Rd. Salem, VA 24153 Dear Mr. Gordon: C~.~~xx~ .~~ DEPARTMENT OF GENERAL SERVICES FACILITIES MANAGEMENT SOLID WASTE MANAGEMENT FLEET MANAGEMENT September 17, 2003 JIM VODNIK ASSISTANT DIRECTOR jvodnik ~ co.roanoke.va.us I understand that you contacted the County Administration Center this morning concerning our refusal to provide a garbage can at your vacant rental property at 1468 Deborah Lane. You have discussed this issue in the past with various members of my staff, as well as with me several weeks ago. As I explained to you when we spoke, the County Code specifies that we are to provide trash pickup service to residential customers. We interpret that to mean occupied dwellings, and do • not provide cans or service to homes under construction or that are being renovated. One of our major concerns in those instances is that the cans are used for construction debris, which we are prohibited from collecting. This type of debris -glass, lumber, shingles, etc., - is dangerous to our trucks, and can cause thousands of dollars in damage when they are compacted by the blade. I understand that you are in the process of renovating the house on Deborah Lane. You may take up to one pick up truck load per week of that debris, for free, to the Roanoke Valley Resource Authority's transfer station. The County, through my Solid Waste budget, pays those fees to the Authority on behalf of the citizens to help address this type of situation. If you have any further questions, please feel free to call me. Sincerely, Anne Marie Green Director of General Services • 1216 KESSLER MILL ROAD • SALEM, VIRGINIA 24153 • (540) 387-6186 • Fax (540) 387-6112 ®Recycled Paper NextPage LivePublish Page 1 of 1 Sec. 20-22. Responsibility of county administrator under article The administration of this article, including the establishment of a budget for providing effective solid waste collection .service; the hiring of all employees necessary for providing such service; the billing of persons receiving such service. and all other matters related thereto shall be the responsibility of the county administrator; provided, that all matters pertaining to the establishment of an annual budget and the establishment of collection rates and charges shall be approved by the board of supervisors. (Code 1971, § 14-5; Ord. No. 72694-4, § 1, 7-26-94) C] • http://livepublish.mwiicode.com/19/lpext.dll/infnhacP~S~~ n Ishii Senn ~~ NextPage LivePublish Sec. 20-1. Definitions. Page 1 of 2 •The following words and terms, as used in this chapter, shall have the meanings ascribed to them in this section: Automation, or automated refuse collection system means a method of collection utilizing a vehicle equipped with a hydraulic arm that empties specially provided containers. Backyard collection means at-the-house collection for citizens who either are physician certified as unable to carry waste to the street or who pay an extra fee for the service. Brush collection means Roanoke County's curbside collection of brush, tree limbs, and other arboreal materials. Bulk collection means Roanoke County's curbside collection of appliances, furniture, carpeting or rugs, and other white goods derived from. households. Commercial collection service means Roanoke County's curbside collection of waste generated by commercial establishments. For the purpose of this document commercial also includes churches and church-run daycares. Commercial waste means all solid waste generated by establishments engaged in business operations other than manufacturing. Construction and demolition waste means waste material produced in the construction, remodeling, repair, or demolition of buildings, homes, industrial plants, pavements and structures. Curbside collection means the collection of materials that have been placed no farther than five (5) feet from a curb or qualified road. Curbside recycle collection means the curbside collection of recyclable materials derived from households. Debris waste means stumps, wood, brush and leaves from land clearing operations. ~ree loader means a trailer which may be reserved by Roanoke County residents for one weekday or one weekend. Garbage means 1) discarded food wastes, 2) wastes likely to decompose. Hazardous waste means a "hazardous waste" as defined by the Virginia Hazardous Management Waste Regulation. Household refuse means any waste material (nonhazardous), including garbage and trash, derived from households. Industrial waste means any solid waste generated by manufacturing or industrial process that is not a regulated hazardous waste. Institutional solid wastes means solid wastes generated by schools, hospitals, universities, museums, governments and other institutions. Manual collection means the collection of waste materials at the curb by solid waste personnel as opposed to mechanical equipment. Premium refuse collection means backyard collection of refuse for a fee. Residential customers means single-family units (to include individually owned townhomes and condominiums), duplexes and single lot mobile homes. Residential collection means collection from residential customers. Road means passable street or roadway serving three (3) or more separate residences or businesses. Qualified road means a road in the primary or secondary system of highways in the Commonwealth of Virginia. This term also includes private roads upon which an owner has requested or invited the county to enter upon and upon which an ~wner has assumed the risk of any damage thereto arising from usage by the county. Seasonal collections means collection of materials, such as Christmas trees and leaves, during applicable times of the year. Solid waste means any garbage, refuse, trash or other discarded materials. ~1'Ft~•~~~i~~Pm~l~lio~ mi,+„n~..ao ,.,...„/1(1/1...,,..a ,711/7~f_1_ NextPage LivePublish Page 2 of 2 Townhorries and/or condominium collection means collection of household refuse for multifamily dwellings that are individually owned. .Yard waste means lawn clippings, small brush and twigs, shrubbery clippings. (Code 1971, § 14-4; Ord. No. 72694-4, § 1, 7-26-94) Sec. 20-2. Reserved. Editor's note: Ord. No. 72694-4, § 1, adopted July 26, 1994, deleted, in effect repealed, § 20-2, which pertained to rates and charges for use of county landfill. Secs. 20-3--20-20. Reserved. • httn•//livPrnihlich mnnirn~a rnm/1 Q/1„av~ a11/T„f t,.,~e2c/i /i <ct n ccri~ c-~nnr NextPage LivePublish Page 1 of 1 Sec. 20-22. Responsibility of county administrator under article. ~he administration of this article, including the establishment of a budget for providing effective solid waste collection service; the hiring of all employees necessary for providing such service; the billing of persons receiving such service; and all other matters related thereto shall be the responsibility of the county administrator; provided, that all matters pertaining to the establishment of an annual budget and the establishment of collection rates and charges shall be approved by the board of supervisors. (Code 1971, § 14-5; Ord. No. 72694-4, § 1, 7-26-94) l,+f,.•//l;.~o„„l.l;~t, .~+,,,,;....Ao ..,,,,.,/1 n/l,.,o<,t .all/T,~~ 1......,,2C/1 ~~ ~C7..~~ ~(1l1~~ ~nn~~~,-,........~.,~,,,,D_~..-,a NextPage LivePublish Sec. 20-24. Specific collection categories. Page 1 of 1 (a) Roanoke County shall provide at no charge once per week curbside service to all residential customers in Roanoke ~ounty. To receive curbside service, residents will be required to bring the containers to within five (5) feet of the curbline of a qualified road. The refuse must be to the curb by 7:00 a.m. of the scheduled collection day. All households within the automated service area will receive__onE_automatedsontaioer. The containers are assigned to the house, not to the householder. Those households with five (5) or more people will be entitled to one additional automated container, upon request. All others will be -required to purchase the second container. Residents will be charged for any container damaged due to negligence. No more than two (2) containers per household will be allowed. When set to the curbline, each container must have at least five (5) feet of clearance on all sides. Weekly collection will be for household refuse, garbage and yard waste only. No dead animals, hazardous waste or any other materials deemed unsafe for county manpower or equipment or disposal in the regional landfill will be collected. The replacement fee for a lost, stolen, or damaged container shall be sixty-five dollars ($65.00). (b) Backyard collection will be provided to households in which everyone living in the structure is disabled or handicapped and unable to transport the refuse to the curb. Physicians certification of handicaps or disabilities is required. Residents will be required to renew this certification annually. (c) Premium refuse collection service will be provided to all residential households for normal household refuse only on an individual application basis. The charge for premium backyard collection will be a minimum of eight dollars ($8.00) per month and will include service up to one hundred (100) feet from the curbside pickup location. The premium refuse collection charges shall be paid in advance on a quarterly basis. For each additional one hundred (100) feet or fraction thereof over the initial one hundred (100) feet, an additional five dollars ($5.00) charge will be made. Premium refuse collection charge per month is as follows for the distance indicated: 100 feet or less: Eight dollars ($8.00) per month (five dollars ($5.00) for each additional one hundred (100) feet). ~n application charge in the amount of twenty dollars ($20.00) shall be made in advance together with proper application rms approved by the county. (d) Commercial collection service will be provided by application only. The county will not provide service to any apartment or office/retail complexes of more than five (5) units or any mobile home parks. Roanoke County shall provide free once per week service to all other licensed commercial establishments generating not more than ten (10) thirty-gallon cans orthree (3) ninety-five-gallon automated containers per week (total not to exceed three hundred (300) gallons). Commercial customers must place all containers in one central location. Refuse must be at the collection point by 7:00 a.m. on the scheduled collection day. All generators of over three hundred (300) gallons of refuse per week are not eligible for county collection and will be required to secure private collection. (e) Roanoke County may provide weekly service to noncounty residents upon application and approval. A collection fee of ten dollars ($10.00) per month will be charged. (f) Roanoke County shall provide once per week curbside or single location service to all condominium and townhouse developments that are individua-ly owned. The refuse must be at the collection point by 7:00 a.m. of the scheduled collection day. The method of collection shall be consistent with the collection service received by other residential customers. Any other request for service shall be subject to a collection fee to be determined by the county administrator. (g) The county administrator or his designee is authorized to develop and implement such regulations as may be necessary to accomplish the purposes of this section. (Ord. No. 62888-13[A], §§ 1, 2, 6-28-88; Ord. No. 72694-4, § 1, 7-26-94) http://livepublish.municode.com/19/lpext.dll/Infobase35/l /1 f5h/1 F96/1 F9h~f=rP„-,,,ta+P~,e~fi,-,a • NextPage LivePublish Page 2 of 2 (1) Residential customers may reserve the freeloaders no more than four (4) times a year. (2) Materials must not be mechanically loaded onto the trailer. • (3) The freeloader will be delivered only to previously constructed residential homes. No homes currently under construction will be allowed to receive the freeloader. The trailer will only be delivered to an easily accessible location determined by staff. (4) The resident must be home during the delivery of the freeloader to sign a release form. (5) Before pickup the loads will be inspected and the resident may be responsible for materials requiring special disposal. (d) It shall be the duty of every owner or occupant utilizing the supplemental collection service to properly secure the materials placed for collection in such a manner as to ensure the safety of the public. (Ord. No. 2177, 11=14-78; Ord. No. 72694-4, § 1, 7-26-94) Sec.20-26. Reserved. Editor's note: Ord. No. 72694-4, § 1, adopted July 26, 1994, deleted, in effect repealed, § 20-26, which pertained to certain items excluded from normal collection and derived from Ord. No. 2177, adopted Nov. 14, 1978. Sec.20-27. Reserved. Editor's note: Ord. No. 72694-4, § 1, adopted July 26, 1994, deleted, in effect repealed, § 20-27, which pertained to special collection of excluded items and derived from Ord. No. 2177, adopted Nov. 14, 1978. ecs. 20-28--20-39. Reserved. C7 httn://livenublish.munic~ciP.~nm/19/1nPVt rill/TnfnhacaZS/1 n ~~~,n ~ani~ ~.,.,o~ ~„„„„~ NextPage LivePublish Sec. 20-25. Supplemental collection service. Page 1 of 2 ~(a) Upon request the county will schedule and provide collection of brush items or other yard waste materials from all residential customers only. Brush or other yard waste collection service will not be provided to commercial customers. It will be the responsibility of premium and backyard customers to place any brush items to the curb for collection. The items, described individually below, must be placed as close as possible to the curbline and road and five (5) feet away from any obstruction. Such placement shall be made no earlier than 6:00 p.m. of the day preceding the scheduled collection and no later than 7:00 a.m. of the day scheduled for collection. (1) Brush cuttings and tree limbs, resulting from normal property maintenance, will be scheduled and collected by county personnel upon request. The cuttings or limbs individually may not exceed six (6) feet in length or three (3) inches in diameter. Tree stumps will not be collected pursuant to this section. The cuttings and limbs must be placed in a pile not to exceed six (6) by six (6) by six (6) feet in size. The piles must be adjacent to the road or curbline and have at least five (5) feet clearance on all sides. The pile must be clear of any overhanging wires or branches, in order to be collected. (2) Grass clippings or clippings from small shrubs or bushes must be placed in disposable containers, to include but not limited to plastic or paper bags or cardboard boxes, and adjacent to the road or curbline for collection. The disposable containers must be of substantial construction and shall not weigh more than fifty (50) pounds when full. The containerized clippings must be separate from any other bulk or brush items set out for collection. (3) During leaf season, which is defined as the period between the first Monday in November and December 29, bagged leaves only will be collected weekly from all residential customers. The county will provide no vacuum service for the collection of leaves. Christmas trees will be collected separate from other yard waste during aone- week period in January. Notice will be provided as to exact collection date. (4) Materials resulting from land-clearing operations or commercial yard waste management operations will not be collected pursuant to this section. Commercial is defined as any trimming or yard maintenance done for hire. It will be the responsibility of the contractor or owner to properly dispose of any such materials. (5) Scheduling collections under this section shall be done by the solid waste division. (b) Upon request the county will schedule and provide collection of bulk items from all residential customers. Bulk collection service will not be provided to any commercial customers. It will be the responsibility of premium and backyard service customers to place any bulk items adjacent to the qualified road or curbline for collection. The bulk items must be placed as close as possible to the curbline or road and five (5) feet away from any obstruction. The items must be completely clear of any overhanging wires or branches, in order to be collected. Such placement shall be made no earlier than 6:00 p.m. of the day preceding scheduled collection and no later than 7:00 a.m. the day of collection. (1) Bulk items will be defined as any items too large to fit into the automated containers. Any material placed to the curb for bulk collection that could be placed in the automated container for weekly collection is subject to not being collected at that time. (2) Residential customers are limited to placing no more than six (6) items out to the curbline or road for any one collection. If it is necessary for the materials to be containerized, the container must be of a disposable nature. A container will count as one item. (3) As used in this section, "bulk item" includes, but is not limited to, household furniture, major household appliances, carpeting and rugs, no more than three (3) tires, bicycles, swing sets, lawn furniture, and cardboard moving boxes or other refuse resulting from moving. (4) Materials resulting from the construction of a new home or an addition to an existing home, to include installations, remodelings, renovations or major repairs to a home, will not be collected pursuant to this section. It will be the responsibility of the owner or contractor to properly dispose of such materials. (5) No dead animals, hazardous material or any other item deemed unsafe for the county's manpower or equipment, or for disposal in the regional landfill as determined by the director of general services will be collected by county personnel pursuant to this article. It will be the responsibility of the owner of these materials to properly dispose of such items. (c) Upon request, the county will deliver a freeloader to all residential customers. The freeloader must be scheduled in advance and is mainly to be used during one-time clean-ups such as spring cleanings, basement or attic clean outs, moving materials or major yard work projects. Use of the freeloader is governed by the following restrictions: http://livepublish.municode.com/19/1riPxt r~11/TnfnhacP~~~~ i~ ~c~,ii Boni, ~.,,,~F ~..~_,..~__ o_r_ „,,,,, ,,,,,,,,, ~; i~ LAW OFFICES ®STERH®UI3T, PRYLL~PI~N, ~TATT, ~ELSCg3ER, 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 ELEGTBIG PiOAD, Jr.W. P. 0. BOx 20487 ROANOKE, VIRGINIA 24018 - 0049 (540) 989-0000 FAX (540) 772-0126 .SALEM, VIRGINIA 24153 P.O. Box 279 f05 N. CiOLOBADO STBSBT (540) 380-2349 Fwx (540) 389-9890 .April 24, 2003 Mr. David Holladay Zoning Administrator, Chief Planner Department of Planning and ..Zoning County of.Roanoke P. O. Box:29800 Roanoke, VA 24018 Re: Zoning Interpretation Dear David: As we have discussed on the telephone during the last week, I have a client who desires to locate an .opiate treatment service in Roanoke County.- It would be my opinion, based upon a review of he Zoning Ordinance, that a methadone clinic would meet the definition of "medical,office" under Section 30-29-4 (Office Use Types} of the Roanoke County Zoning Ordinance. That section reads as follows: Medical Office: Use of a -site for facilities which provide diagnosis, minor surgical care and outpatient -care on a routine basis, but which does not provide overnight care or -serve as a base for an ambulance service. 'Medical offices are operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia. The proposed use would be to operate an outpatient clinic in the Roanoke area. There will be no overnight accommodations of any nature. A patient would arrive at the clinic, check in with the business office, make arrangements for payment of sums due and determine whether or not they are to see their assigned counselor. The patient would then proceed to the medication area where a licensed nurse would initiate medication as directed by the licensed physician. Once the medication is administered, the patient is free to leave the facility unless there is a scheduled counseling activity. The approximate time that the patient would be in .the facility would be fifteen minutes; provided, however, that if counseling activities are scheduled, the entire office visit would last approximately one hour. Mr. David Holladay April 24, 2003 Page 2 The hours of operation of the clinic would be from approximately from 5:00 AM to 2:00 PM. These early morning hours are utilized in an effort to allow the patients to obtain their medication and counseling and then proceed to work, school or other daily activities. The clinic would be operated seven days a week and would generally be closed on most holidays. The clinic would. be staffed by a .licensed physician, as well as by licensed nurses. Other than clerical .staff, all persons working with patients would be licensed, certifieu or otherwise credentialed as appropriate or required. T'r~e clinic operations are licensed and regulated by the Virginia Department of Mental Health, Mental Retardation, Substance Abuse Services, the Virginia :Board of Pharmacy and the U. S. Drug Enforcement Agency. The facility is surveyed -and accredited by .the joint Commission on.theAccreditation of Health Care Organizations. The.Commonwealth of Virginia licenses~the clinic as an outpatient service. I am enclosing a copy of the Rules and .Regulations for Licensing Providers of Mental Health,Mental Retardation and Substance .Abuse Services. My client is categorized as an outpatient service under these Regulations. I would appreciate your confirmation that my client -falls .within the definition of "medical office" as =set out above. If you should disagree with -this opinion, I would request that .you specifically identify-those areas which cause you to disagree so that we may discuss them. I look forward to an early response, as my client is desirous of moving ahead. With best personal regards, I am Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. C~~n~- Edward A. Natt EAN/csb pc: Ms. Tina Renee Bullins Chief Executive Officer Life Center of Galax 112 Painter Street, P. O. Box 27 Galax, VA 24333 County ~ I2®an®~~ Department of Community Development Memorandum To: Roanoke County Board of Supervisors Elmer Hodge, County Administrator From: David Holladay, Senior Planner/Zoning Administrator ~~~~ Date: May 19, 2003 Re: Opiate addiction treatment facility I have been asked to render. an opinion as .Zoning Administrator on the definition in'the zoning ordinance of an opiate addiction treatment facility. Since the proposed-land use has -the potential to generate a strong negative reaction from our citizens, I would like~to make -you aware of the situation. I have gathered information on this issue, and spoken~to-professionals in the field, including the potential clinic operator. I also have researched files in the Roanoke Cityplanning office regarding a similar request. In addition, I have discussed this issue with. John Chasnbliss and Paul Mahoney. The proposed use would operate as an outpatient clinic, with no overnight accommodations. Patients suffering from and recovering from opiate addiction would come to the clinic to receive medication,and, on some days, counseling. Themedication administered would be methadone, which is defined in Funk & Wagnalls standard dictionary as "a synthetic narcotic drug used as a substitute in the~treatment of heroin addiction." The-hours of operation would be from 5:00 am until_2:00 pm, seven days a week. The early hours of operation would allow patients to Yeceive treatment, and thenproceed to work, school, or other daily activities. I am preparing to render an opinion that the use is defined in the zoning ordinance as medical office. Medical offices are allowed by right in the following zoning districts: AV, Agricultural Village; NC, Neighborhood Commercial; C1, Office District; C2, General Commercial. The AV district is a rural commercial district typically found in areas such as Catawba, Mason's Cove, Back Creek and Bent Mountain. The NC district has not been used to date in the county. The Cl and C2 districts are the county's office and general commercial districts. Representatives from the proposed clinic have indicated that they desire a site with adequate parking and highway access, as well as access to Valley Metro. Over the next week, I will be working on my letter to respond to this request. If you have any questions, or would like to discuss this further, please contact me at 772-2092, or dholladay a~co.roanoke.va.us. DIRECTOR, ARNOLD COVEY ASSISTANT DIRECTOR, GEORGE W. SIMPSON, Ill, P.E. CHIEF PLANNER, JANET SCHEID June 5, 2003 Edward A. Natt P.O. Box 20487 Roanoke, VA 24018 Re: zoning interpretation for methadone clinic Dear Mr. Natt, DEVELOPMENT REVIEW ENGINEERING INSPECTIONS MAPPING/GIS PERMITS PLANNING & ZONING STORMWATER MANAGEMENT In response to your letter dated Apri124, 2003 requesting a zoning interpretation for a methadone clinic, please be advised of the following. Based upon your description, the proposed clinic would operate on an outpatient basis with no overnight accommodations. The patients would receive regular medical treatment as well as counseling as needed. The clinic would be staffed and operated by a Licensed physician and licensed nurses. The clinic operations are regulated by the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services, as well as the Virginia Board of Pharmacy, and the U.S. Drug Enforcement Agency. Based upon your description, -the proposed clinic is defined as Medical Office in the Roanoke County Zoning Ordinance. Medical offices are allowed by right in the following zoning districts: AV, Agricultural Village; NC, Neighborhood Commercial; Cl, Office District; and C2, General Commercial. If you have any questions regarding this letter, or need further information, please do not hesitate to call me at 772-2092. Sincerely, David Holladay Senior Planner, Zoning Administrator Cc: Paul Mahoney, County Attorney Arnold Covey, Director of Community Development Janet Scheid, Chief Planner P. O. BOX 29800 • ROANOKE, VIRGINIA 24018 • PHONE (54D) 772-2080 • FAX (540) 772-2708 ®Recycled Paper -~-~_-?Uu~ -,_ ~.~ i ~f?HOUL~ ` a i ~`_~ip i~,11~ fti~~i-- ~dward_~. Hatt .Direct: -(540} .725;180 ;Fax; : (S~iCI) 772-x:126 x ~ ?o: David `Holiaday, ~P(anner :From: .Edward A. 'Hatt ./csb ~County~of Roanoke Fax' 772:210$ `Pages: :2 -Re: ~etha~donekCii~i io ~3390~;~~1>ortsiai~ .venue :Date: ':September:22, 2003 :[~ Urgent -~"For Review ~C]°P(ease Comment~~ Piease`Repiy CJ Please:Recycie ;Comments: The infnrmation~contained in this-facsimi{e message is attorney-privileged and confidential infom~ation intended only -for'the use •of':the individual or entity named 'above. If the. reader of this message is not-fhe intended recipient, you~are hereby notified-that any dissemination, distribution or copy of-this communication is strictly prohif,ited. If you' have received phis communication in error,.please immediately -notify us by ~telephane and return'the original message to us at the above address .via the U. S, Pastai Service. We will reimburse you for postage, Thank you, - -~~~~ 4~ C'~ -'JL~r~~ -~'' ~ ,i r~~~=~ j'C'. -__. _. T.,ttd ~:;nzc~s ~S~~R~I~)~~J1~'1.', ~:~gL~.,.~'~~~~3~", ~T.~..~' ~, .L.LSOIKJ[~7EZ, ~Ta~a~, M.~~:w~~La~ ~ ~~~~~sQ.~T, ~'~~ Edward A. Natt :3A1~. EL'F.C;'1'Ii.CC RU~.n, S.W. Please reply to: p. U, boy: o p~t,fi7 P, 0. Box 2Dd87 Roanoke, VA 24018 Rq ~trqur, V srcr,.r_rzr~ `a4~Ui t3 - U(kbfa Direct: (540} 725-8180 Fax; (540) 772-0126 (ago} eao-oooo E-mail: enattQopniaw.com Tnx (;,~,o} 771',•U1^.fl Septeniber.22,:2003 VI:A'~FAC~I'MILE, 7722'408 'M r. David Holladay ..Zoning Administrator, Chief Planner Department of~Planning and .Zoning County of:Roanoke P.. ~0. Box.29800 Roanoke, VA :24018 Re: :Prape~y at 3390 Caioniat ~ver~ue Deai-.David: SALLM, VLCCf2NI[i'~'. 7.15.1 }: U. li~x u~,~. u~r. A'. C:o~.r.wnno VT1;R7:T (r.,~boJ soo•an-bn 'rhX l5.60) 300-03 UU I would appreciate your issuing today a fetter indicating ~that~the zoning of the property at 390 Colonial .Avenue .permits the operation of a methadone clinic in .accordance with the provisions of your letter of -June 3, 2003.Please flax 'the fetter ~to ~me and call my office so that I may:pick.up the original. llerytruly yours, C~STERHOUDT, PRILLAMAN, ~NATT, HELSCHER, POST, MAXWELL ~ FERGUSC)N, P.L.C. .~ Edward A.'Natt ~EAN/csb pc: ''~1,~;. F~CS1MtLE: 2764230-882'Y Ms. Tina Renee Bullies Chief Executive Of#icers Life Center of Galax 824 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM • Establishments known and licensed as hospitals primarily engaged in provid- ing inpatient treatment of mental health and substance abuse illnesses with an emphasis on medical treatment and monitoring-are classified in Industry 622210, Psychiatric and Substance Abuse Hospitals. 62322 Residential Mental Health and Substance Abuse Facilities See industry description for 623220 below. 623220 Residential Mental Health and Substance Abuse Facilitiesus This industry comprises establishments primarily engaged in providing residen- tial care and treatment for patients with mental health and substance abuse illnesses. These establishments provide room, board, supervision, and counseling services. Although medical services may be available at these establishments, they are incidental to the counseling, mental rehabilitation, and support services offered. These establishments generally provide a wide range of social services in addition to counseling. Illustrative Examples: Alcoholism or drug addiction Psychiatric convalescent homes or rehabilitation facilities (except licensed hospitals hospitals) Residential group homes for the. Mental health halfway houses emotionally disturbed Cross-References. • Establishments primarily engaged in providing treatment of mental health and substance abuse illnesses on an exclusively outpatient basis are classified in Industry 621420, Outpatient Mental Health and Substance Abuse Centers; -• Establishments primarily engaged in providing residential care for persons diagnosed with mental retardation are classified in Industry 623210, Resi- dential Mental Retardation Facilities; and ~• Establishments known and licensed as hospitals primarily engaged in provid- ing inpatient treatment of mental health and substance abuse illnesses with an emphasis on medical treatment. and monitoring are classified in Industry 622210, Psychiatric and Substance Abuse Hospitals. 6233 Community Care Facilities for the Elderly 62331 Community Care -Facilities for the Elderly This industry comprises establishments primarily engaged in providing residen- tial and personal care services for (1) the elderly and other persons who are unable US-United States industry only. CAN-United States and Canadian industries are comparable. MEX-United States and Mexican industries are comparable. Blank-Canadian, Mexican, and United States industries are comparable. http:l/www.census.gov/naics 812 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM 621420 Outpatient Mental .Health .and Substance Abuse CenterscnN This industry comprises establishments with medical staff primarily engaged in providing outpatient services. related to the diagnosis and treatment of mental health disorders and alcohol and other substance abuse.,These establishments generally treat patients who do not require inpatient treatment. They may provide a counseling staff and information regarding a wide range of mental health and substance abuse issues and/or refer patients to more extensive treatment programs, if necessary. Illustrative Examples.' Outpatient alcoholism treatment centers and clinics (except hospitals) Outpatient detoxification centers and clinics (except hospitals) Outpatient drug addiction treatment centers and clinics (except hospitals) Outpatient mental health centers and clinics (except hospitals) Outpatient substance abuse treatment (except hospitals) Cross-References. ~• Establishments known and licensed as hospitals primarily engaged in the inpatient treatment of mental health and substance abuse illnesses with an emphasis on medical treatment and monitoring are classified in Industry 622210, Psychiatric and Substance Abuse Hospitals; and ~• Establishments primarily engaged in the inpatient treatment of mental health and substance abuse illness with an emphasis on residential care and counsel- ingrather than medical treatment are classified in Industry 623220, Residen- tial Mental Health and Substance Abuse Facilities. 62149 -Other Outpatient'Care Centers This industry comprises establishments with medical staff primarily engaged in providing general or specialized outpatient care (except family planning centers and outpatient mental health and substance abuse centers). Centers or clinics of health practitioners with different degrees from more than one industry practicing within the same establishment (i.e., Doctor of medicine and Doctor of dental medicine) are included in this industry. Illustrative Examples: Dialysis centers and clinics Freestanding ambulatory surgical centers and clinics Freestanding emergency medical centers and clinics Health maintenance organization (HMO) medical centers and clinics Outpatient community health centers and clinics Outpatient biofeedback centers and clinics Outpatient sleep disorder centers and clinics US-United States industry only. CAN-United States and Canadian industries are comparable. MEX-United States and Mexican industries are comparable. Blank-Canadian, Mexican, and United States industries are comparable. http://www.census.gov/naics HEALTH CARE AND SOCIAL ASSISTANCE 813 Cross-Re, ferences. • Physician walk-in centers are classified in Industry 62111, Offices of Physicians; • Centers and clinics of health practitioners from the same industry primarily engaged in the independent practice of their profession are classified in Industry 62111, Offices of Physicians; Industry 62121, Offices of Dentists; and Industry Group 6213, Offices of Other Health Practitioners; ~• Family planning centers are classified in Industry 62141, Family Plan- ning Centers; • Outpatient mental health and substance abuse centers are classified in Indus- try 62142, Outpatient Mental Health and Substance Abuse Centers; • HMO establishments (except those providing health care services) primarily engaged in underwriting health and medical insurance policies are classified in Industry 52411, Direct Life, Health, and Medical Insurance Carriers; and • Establishments known and licensed as hospitals that also perform ambula- tory surgery and emergency room services are classified in Subsector 622, Hospitals. -.621491 HMO Medical Centersus This U.S, industry comprises establishments with physicians and other medical staff primarily engaged in providing a range of outpatient medical services to the health maintenance organization (HMO) subscribers with a focus generally on primary health care. These establishments are owned by the HMO. Included in this industry are HMO establishments that both provide health care services and underwrite health and medical insurance policies. Cross-References. • Health practitioners or health practitioner groups contracting to provide their services to subscribers of prepaid health plans are classified in Industry 62111, Offices of Physicians; Industry 621210, Offices of Dentists; and Industry Group 6213, Offices of Other Health Practitioners; and • HMO establishments (except those providing health care services) primarily engaged in underwriting and administering health and medical insurance policies are classified in U.S. Industry 524114, Direct Health and Medical Insurance Carriers. US-United States industry only. CAN-United States and Canadian industries are comparable. MEX-United States and Mexican industries are comparable. Blank-Canadian, Mexican, and United States industries are comparable. http://www. census.gov/nai cs OF aOANp~,~ ti ;,,;~ A z ~ 7838 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 DIANE S. CHILDERS FAX (540) 772-2193 CLERK TO THE BOARD Email: dchilders~co.roanoke.va.us September 24, 2003 Mr. Neil A. Gallagher 5635 Village Way Roanoke, VA 24014 Dear Mr. Gallagher: BRENDA J. HOLTON, CMC DEPUTY CLERK Email: bholtons~co.roanoke.va.us The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Industrial Development Authority. Citizens so responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. I am pleased to inform you that, at their meeting held on Tuesday, September 23, 2003, the Board of Supervisors voted unanimously to re-appoint you as a member of the Industrial Development Authority. Your four-year term will begin on September 26, 2003, and expire on September 26, 2007. 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 rp for to your participation on this Authority. 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, YJ ~ (-~"GI~G;~/u1J Diane S. Childers Clerk to the Board of Supervisors Enclosures cc: Douglas Chittum, IDA, Secretary Steven A. McGraw, Clerk, Circuit Court 3~~ ~ ~~ ROANp~~ ti sA ~ z ~ ~ ~ °~ a= ~~~~~ .~~ .~~xx~~a.~.ae 1838 Board of Supervisors P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VA 24018-0796 Joseph McNamara, Chairman Michael W. Altizer Windsor Hills Magisterial District Vinton Magisterial District Richard C. Flora, Vice-Chairman Joseph B. "Butch" Church Hollins Magisterial District Catawba Magisterial District H. Odell "Fuzzy" Minnix Cave Spring Magisterial District September 24, 2003 Ms. Sandra K. Sutherland 415 Lost Mountain Road Wirtz, VA 24184 Dear Ms. Sutherland: Enclosed is a resolution of appreciation upon your retirement which was unanimously approved at the September 23, 2003, Board Meeting, The Board of Supervisors of Roanoke County and its citizens thank you for your many years- of capable, loyal and dedicated service to the County. I am also pleased to send you a quilt which was exclusively designed for Roanoke County. We hope this quilt brings you enjoyment and remembrances of your time at the County. It will be mailed in a separate package and if you do not receive it within a week, please contact the Board office at 772-2005. If you would like to have your resolution framed, please bring it to the Clerk's Office, at the Roanoke County Administration Building, 5204 Bernard Drive, at any time. It has been our experience that framed resolutions may be damaged when mailed. Please accept this resolution and quilt with our best wishes for a productive retirement and continued success in the future. Sincerel`y~ ~ ' Joseph McNamara, Chairman Roanoke County Board of Supervisors Enclosure Cc: Dr. Betty McCrary, Director, Social Services Department Joe Sgroi, Director, Human Resources OFFICE: FAX: VOICE MAIL: ~ (540)772-2005 (540)772-2193 (540)772-2170 E-MAIL: bos C~3co.roanoke.va.us ~~~L~~ 1 OF POANO~F ~ ~ ~ ~ ~ v a= ~~~~~ ~~ ~~~~.~ 1838 Board of Supervisors P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VA 24018-0796 Joseph McNamara, Chairman Windsor Hills Magisterial District Richard C. Flora, Vice-Chairman Hollins Magisterial District September 24, 2003 Pastor Myron Atkinson Penn Forest Wesleyan Church 3735 Chaparral Drive Roanoke, VA 24018 Dear Pastor Atkinson: 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, September 23, 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, ~.~la,,..a,.~,_,.,,1_ eph McNamara, Chairman oanoke County Board of Supervisors OFFICE: FAX: VOICE MAIL: (540) 772-2005 (540) 772-2193 (540} 772-2170 E-MAIL: bos ~ co.roanoke.va.us ~ > COPY Return to: Roanoke County Attorney's Office THIS DEED, made this 25th day of July, 2003 by and between F & W Community Development Corporation, a Virginia Corporation, 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, A SSIGNS A ND T RANSFERS u nto t he C ounty, w ith G ENERAL W A,RRANTY 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 Orchard Park -Section 4, made by Lumsden Associates, PC, and on file in the Roanoke County Department of Community Development. 1 .* r - - ~ 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. adopted by said Board on the day of , 2003. WITNESS the following signatures and seals: Developer: By: - (SEAL) .:~~ ~: As: ~'-`'°-~--Vice President State of Virginia County/~ of Roanoke , to-wit: The foregoing instrument was acknowledged before me this day of f 2003, by David W. Cotton Assistant Vice President ~ , on behalf of F&W Community Development a Virginia Corporation ,Developer. ~®~~/eee~esr',®~ Notar P laic •~> y My commission expires: ,~~ ~~`~ `'~ ~~ ~~,~'~ ~'• ~`~RGI~~P''ti~ ~°~ .. ~ ,~ .. ®`®o Tq RY Pv~ ®~.`. ®~~1td05S84®® 2 '. Approved as to form: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA County Attorney By: (SEAL) State of Virginia, County/City of Roanoke, to-wit: The foregoing instrument was acknowledged before me this day of 2003, by , on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My commission expires: 3 i Brenda Holton - Re: Sign Ordinance Transmittal From: Brenda Holton To: Susan Carter Date: 9/22/03 10:07AM Subject: Re: Sign Ordinance Transmittal Susan, __ Page 1 J' The revised transmittal was received Friday after the agenda was published. When I tried to give Mr. Hodge a revised copy this morning, he said not to send out the revision to the Board members. He asked that Janet advise the Board at the meeting that the transmittal report from the Planning Commission was revised to remove Draft #6 and add Draft #7. I am copying Janet and David so they will be aware of his request. Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us »> Susan Carter 09/19/03 03:41 PM »> I am unsure if you are using this and/or David Holladay's Board Report for this petition so I am sending you this revised transmittal for the BOS PH for the Sign Ordinance Revisions. Thank you. CC: David Holladay; Diane Childers; Janet Scheid Diane Childers - Re: Sign Ordinance Transmittal Page 1 ~i From: Susan Carter To: Diane Childers Date: 9/19/03 3:45PM Subject: Re: Sign Ordinance Transmittal No, the agenda is still the same. Paul had asked David to change some of the wording on the Commission Actions portion of the transmittal. The Board Report on this was fine. »> Diane Childers 09/19/03 03:43PM »> Susan, There was no attachment for this email. Is this supposed to be a change for the agenda? We have already sent it out to the Board members. Diane Diane S. Childers Clerk to the Board County of Roanoke Phone: (540) 772-2003 Fax: (540) 772-2193 »> Susan Carter 09/19/03 03:41 PM »> I am unsure if you are using this and/or David Holladay's Board Report for this petition so I am sending you this revised transmittal for the BOS PH for the Sign Ordinance Revisions. Thank you. _~ ~_y3renda Holton- PPEA Closed Meeting _ Page 1 `~ From: Diane Childers To: Paul Mahoney Date: 9/18/03 10:37AM Subject: PPEA Closed Meeting Dan has requested a closed session to discuss the PPEA bids. Would you put this under section 2.2-3711 A (30) discussion of the award of a public contract involving the expenditure of public funds...? Please advise and include any special wording you feel is necessary. Thanks. Diane S. Childers Clerk to the Board County of Roanoke Phone: (540) 772-2003 Fax: (540) 772-2193 CC: Brenda Holton September 17, 2003 County staff requests the Board to adopt a motion to enter into closed session within the provisions of the Virginia Freedom of Information Act as follows: (A) Discussion concerning prospective businesses or industries where no previous announcements have been made in accordance with Section 2.2-3711.A.5. of the Code of Virginia, (1950, as amended). (B) Discussion of the terms or scope of a contract with pertaining to Explore Park, where discussion in open session with adversely affect the bargaining position or negotiating strategy of the County, in accordance with Section 2.2-3711.A.30. of the Code of Virginia, (1950, as amended Brenda Holton -Proffers From: Susan Carter To: Brenda Holton Date: 9/15/03 2:49PM Subject: Proffers Page 1 I left a copy of the revised proffers on your desk for the Richard Anderson petition. Just wanted to make sure you got them. Thanks, Brenda. ~enda Holton - Re: Mental Illness Proclamation Page 1 From: Brenda Holton To: Mary Brandt Date: 9/12/03 2:56PM Subject: Re: Mental Illness Proclamation Mary, thanks a lot for another fine job. I really do appreciate everything that you do. Brenda Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us »> Mary Brandt 09/12/03 01:23PM »> I spoke w/Charles Wohlford, 366-4884, to confirm that he will be attending the 3:00 p.m. meeting on the 23rd and I asked him to get back to us with the other attendees names by Wednesday, 9/17. I've updated the board report and put it in the meeting folder. Mary cc: Diane Mary V. Brandt Office Support Specialist Board of Supervisors 540-772-2005 mbrandt(a~co.roanoke.va.us Mental Illness Awareness Week - Take Action to Change the Nation SAMPLE MAYORAL/GUBERNATORIAL PROCLAMATION WHEREAS, mental health is essential to health, every individual, family and community must understand that mental health is an essential part of overall health and we must increase suicide prevention by reducing the stigma of seeking care; WHEREAS, it is essential to eliminate disparities in mental health by promoting well-being for all, regardless of race, ethnicity, language, place of residence or age and ensure equity of access, delivery of services and improvement of outcomes, through public and private partnership to ensure culturally competent care to all; WHEREAS, consumers and families must have the necessary information and the opportunity to exercise choice over their care decisions, including individualized plans of care, expanded supported employment, enhanced rights protections, better criminal and juvenile justice diversion and re-entry programs, improve access to housing, and end chronic homelessness; WHEREAS, every individual must have the opportunity for early and appropriate mental health screening, assessment and referral to treatment; WHEREAS, adults and children with mental illness must have ready access to evidence-based best treatments, services and supports leading to recovery; WHEREAS, the mental health system must inform consumers, providers and public policy with quality, accessible and accountable information supporting improved care and information dissemination; NOW, THEREFORE RESOLVED, I (Mayor/Governor's NAME), (TITLE) of the city/state of (NAMI OF CITY/ STATE) do hereby proclaim October 5- 1 I, 2003, as Mental Illness Awareness Week in (NAME OF CITY/ STATE) to increase public awareness of severe mental illness and in so doing to promote greater access to effective treatments for those who suffer from the potentially disabling symptoms of these disorders. f b~ue~--U-t.~Q ~~~- ~~~~ IN WITNESS WHERE OF, I have hereunto set my hand and caused to be axed the Great Seal of the city-state of (NAME OF CITY/STATE) on (DATE). ~ Diane Childers -Request for Public Hearing Page 1 From: Sue Bane To: Diane Childers Date: 9/10/03 12:15PM Subject: Request for Public Hearing Paul asked that you put on the'.-9/23/03'agenda a request for public hearing fo hold a public hearing to amend the budget pursuant to Sec. 15.2-2507: Thanks. Sue Bane Legal Assistant Roanoke County Attorney's Office sbane@co.roanoke.va.us 772-2007 772-2089 (fax) CC: Paul Mahoney ~~ enda Holton -Sandra Sutherland Retirement Resolution T Page 1 From: Brenda Holton To: Betty McCrary Date: 9/11/03 12:28PM Subject: Sandra Sutherland Retirement Resolution Betty, Attached is a resolution of appreciation for Ms. Sutherland who retired September 1, 2003. She does not want to attend a Board meeting. We plan to add this to the Consent Resolution for the Sept 23rd meeting. Would you review the resolution and add something to it to make it more personal? Thanks for your help, Brenda CC: Diane Childers; Mary Brandt J; Bre ~a Holton - 10-14-reso-Sutherland retirement.doc Page 1 ~', AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 23, 2003 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF SANDRA K. SUTHERLAND, DEPARTMENT OF SOCIAL SERVICES WHEREAS, Sandra K. Sutherland was employed by Roanoke County on December 1, 1980, as an Eligibility Worker in the Department of Social Services; and WHEREAS, Ms. Sutherland retired as a Customer Service Representative from Roanoke County on September 1, 2003, after twenty-two years and nine months of service; and WHEREAS, Ms. Sutherland has exhibited great flexibility in providing an array of ',, social services, and a willingness to support her peers; and WHEREAS, Ms. Sutherland has served with rofessionalism and inte rit and p g Y~ through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to SANDRA K. SUTHERLAND for more than twenty-two 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. 1 ,K x .R Name of Employee R COUNTY OF ROANOKE ~ . Retirement Resolution Form ~ ` ~ ~~~~~-:~~ 2 9 Ei~U3 (To be completed at the exit interview session with the retiring employee) I i ~x~c~rc~ K S~r~ncr~cD Dates of Employment: J a~ ~ ~ $Q .- $ ` 31 ~ Q~j ~~~~ Current Position: C~,~QMgr ~Je,YY ~~ {~{~ ~ct`'~IYC C~rYICCS~ Retirement Date: C~' I ~Q~ Length of Service: ~ a ~~ q MCY~ Previous Positions Held: ~E~~~ca~~~\~~~ ~~r~ ~ \ ~-~~~~ Other Information: ~drC'~S ; [-~~ ~~ ' ,n '~ Board Meeting dates during retirement month: ~~ ~~1 i~~~3 a 3~.~ ~.~ Plans to attend board meeting on date. Would like to attend a board meeting at a later date. Date requested is: Does not plan to attend a board meeting. Please mail resolution. A ~I ~ ~~o~ Human Resources Signature Date i Diane Childers - FiNANCIAL_SERVICES-#135059-v1-Roanoke_Notice of Public Hearing.DOC Page 1 r ~___ .. _ __ _"'_ __ ~_ ti __ ..~ NOTICE OF PUBLIC HEARING ON PROPOSED BOND FINANCING BY THE COUNTY OF ROANOKE, VIRGINIA NOTICE is given that the Board of Supervisors of the County of Roanoke, Virginia (the "Board"), will hold a public hearing in accordance with Section 15.2-2606 of the Code of Virginia of 1950, as amended, regarding the issuance of revenue bonds of the County of Roanoke, Virginia (the "County"), in the estimated maximum amount of $11,300,000 to finance the costs of the County's share of upgrades to the Roanoke Regional Wastewater Treatment Plant, together with related expenses. The bonds will be secured by a pledge of the County's wastewater system revenues. A resolution authorizing the issuance of the bonds will be considered by the Board at its meeting on September 23, 2003. The public hearing, which may be continued or adjourned, will be held at 7:00 o'clock p.m., on September 23, 2003, before the Board of Supervisors in the Roanoke County Administration Center, 5204 Bernard Drive, S.W., Roanoke, Virginia. Paul M. Mahoney Roanoke County Attorney Please publish on: September 9, 2003 September 16, 2003 Please send bill to: Diane S. Childers Clerk to the Board of Supervisors P. O. Box 28900 Roanoke, VA 24018 \\FIN\135059.1 ~Diane~childers -Public Notice From: Sue Bane To: legals@roanoke.com Date: 9/4/03 9:38AM Subject: f'ubiic Notice Please publish the attached notice on Sept. 9 and 16. Thank you. Sue Bane Legal Assistant Roanoke County Attorney's Office sbane@co.roanoke.va.us 772-2007 772-2089 (fax) -- - Page.1 CC: Diane Childers; Diane Hyatt; Paul Mahoney Diane Childers RE: Public Notice - Bond_Sale Page 1 From: Kim Shively <Kim.Shively@Roanoke.com> To: 'Sue Bane' <SBANE@co.roanoke.va.us> Date: 9/5/03 4:12PM Subject: RE: Public Notice -Bond Sale Here it is. Cost. $220.80. Running Sept. 9 & 16 NOTICE OF PUBLIC HEARING ON~~PROPOSED BOND FINANCING~~BY THE COUNTY OF ROANOKE,~ ~VIRGINIA~ NOTICE is given that the Board of Supervisors of the County of Roanoke, Virginia (the "Board"), will hold a public hearing in accordance with Section 15.2-2606 of the Code of Virginia of 1950, as amended, regarding the issuance of revenue bonds of the County of Roanoke, Virginia (the "County"), in the estimated maximum amount of $11,300,000 to finance the costs of the County's share of upgrades to the Roanoke Regional Wastewater Treatment Plant, together with related expenses. The bonds will be secured by a pledge of the County's wastewater system revenues. A resolution authorizing the issuance of the bonds will be considered by the Board at its meeting on September 23, 2003. The public hearing, which may be continued or adjourned, will be held at 7:00 o'clock p.m., on September 23, 2003, before the Board of Supervisors in the Roanoke County Administration Center, 5204 Bernard Drive, S.W., Roanoke, Virginia. Paul M. Mahoney~Roanoke County Attorney (2207345) > From: Sue Bane > Sent: Friday, September 5, 2003 3:59 PM > To: Kim.Shively@Roanoke.com > Subject: RE: Public Notice -Bond Sale > Thank you. Do you have the proof of the $11.3 million that I sent in this > week > as well? > Sue Bane > Legal Assistant > Roanoke County Attorney's Office > sbane@co.roanoke.va.us > 772-2007 > 772-2089 (fax) > »> Kim Shively <Kim.Shively@Roanoke.com> 09/05/03 03:33PM »> > Your ad is scheduled to run Sept. 9 and 16. The cost is $188.60. Thanks, > Kim > NOTICE OF PUBLIC HEARING~~ON PROPOSED BOND FINANCING~~BY THE COUNTY~~OF > ROANOKE, VIRGINIAS Notice is hereby given that the Board of Supervisors of > Roanoke County, > Virginia (the "County") will hold a public hearing in accordance with > Section 15.2-2606 of the Code of Virginia of 1950, as amended, on the > issuance of general obligation school bonds (the "Bond") of the County in > the estimated maximum amount of $23,000,000 to finance certain capital > projects for public school purposes. A resolution authorizing the issuance > of the Bond will be considered by the Board of Supervisors at its meeting -- - - - LDiane Childers - RE: Public Notice- Bond Sale Page 2 > on > September 23, 2003. The public hearing, which may be continued or > adjourned, > will be held at > 7:00 p.m., or as soon thereafter as the matter is heard, on September 23, > 2003, before the Board of Supervisors of Roanoke County at the Roanoke > County Administration Center, 5204 Bernard Drive, Roanoke, Virginia. > (2208502) . T _ __ T _ _..__.~._,_~ ~ Diane Childers - RE: Public Notice -Bond Sale Page 1 ,i •. From: Kim Shively <Kim.Shively@Roanoke.com> To: 'Sue Bane' <SBANE@co.roanoke.va.us> Date: 9/5/03 3:34PM Subject: RE: Public Notice -Bond Sale Your ad is scheduled to run Sept. 9 and 16. The cost is $188.60. Thanks, Kim NOTICE OF PUBLIC HEARING~~ON PROPOSED BOND FINANCING~~BY THE COUNTY~~OF ROANOKE, VIRGINIAS Notice is hereby given that the Board of Supervisors of Roanoke County, Virginia (the "County") will hold a public hearing in accordance with Section 15.2-2606 of the Code of Virginia of 1950, as amended, on the issuance of general obligation school bonds (the "Bond") of the County in the estimated maximum amount of $23,000,000 to finance certain capital projects for public school purposes. A resolution authorizing the issuance of the Bond will be considered by the Board of Supervisors at its meeting on September 23, 2003. The public hearing, which may be continued or adjourned, will be held at 7:00 p.m., or as soon thereafter as the matter is heard, on September 23, 2003, before the Board of Supervisors of Roanoke County at the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, Virginia. (2208502) Diane Childers - RE: EP Properties, Anderson, and Sign Ordinance ~- - - _~ _::W_ _ ~___.._ From: Dee Shrader House <Dee.House@Roanoke.com> To: 'Diane Childers' <DCHILDERS@co.roanoke.va.us> Date: 9/4/03 3:54PM Subject: RE: EP Properties, Anderson, and Sign Ordinance Diane, I have scheduled your first legal ad (EP Properties) to run Sept. 9 & 16. The cost of the ad is $151.80. We'll bill EP Properties and send the affidavit to you. Below is a copy of the ad as it will appear in the paper the next 2 Tuesdays. Thanks! :) Dee Dee House (I'm filling in for Martha Plank today) 540-777-6477 ~~ q - y-a3 (~jG LEGAL NOTICE~~ROANOKE COUNTY~~BOARD OF SUPERVISORS~The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, September 23, 2003, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of EP Properties, LC to rezone .777 acres from I-1, Industrial District, to C-2, General Commercial District, to operate a retail sales facility located on Plantation 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: September 5, 2003 Diane S. Childers, Clerk (2206887) Page 1 Diane Childers - TEXT.htm _,. - _ page. ' I Diane, I have scheduled your first legal ad (EP Properties) to run Sept. 9 & 16. The cost of the ad is $151.80. We'll bill EP Properties and send the affadavit to you. Below is a copy of the ad as it will appear in the paper the next 2 Tuesdays. Thanks! :) Dee Dee House (I'm filling in for Martha Plank today) 540-777-6477 LEGAL NOTICES ~ROANOKE COUNTY ABOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, September 23, 2003, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of EP Properties, LC to rezone .777 acres from I-1, Industrial District, to C-2, General Commercial District, to operate a retail sales facility located on Plantation 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: September 5, 2003 Diane S. Childers, Clerk (2206887) _.. - _ Diane Childers - RE: EP Properties, Anderson, and Sign Ordinance From: Dee Shrader House <Dee.House@Roanoke.com> To: 'Diane Childers' <DCHILDERS@co.roanoke.va.us> Date: 9/4/03 3:58PM Subject: RE: EP Properties, Anderson, and Sign Ordinance Diane, have scheduled your second legal ad (Anderson) to run Sept. 9 & 16 in the TRT. The cost of the ad is $156.40. We'll bill Mr. Anderson and send you the affadavit. Below is a copy of the ad as it will appear in the paper the next 2 Tuesdays. Thanks! :) Dee Dee House (I'm filling in for Martha Plank today) 540-777-6477 LEGAL NOTICE~~ROANOKE COUNTY~~BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, September 23, 2003, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Richard Ander~cac~ to rezone .37 acres from AVC, Agricultural Village District with conditions, to C-2, General Commercial District, to operate a retail sales facility located at 5999 Franklin Road, S.W., 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: September 5, 2003 Diane S. Childers, Clerk (2207366) Page 1 ~ Diane Childers - TEXT.htm ~ Page 1 '~ Diane, I have scheduled your second legal ad (Anderson) to run Sept. 9 & 16 in the TRT. The cost of the ad is $156.40. We'll bill Mr. Anderson and send you the affadavit. Below is a copy of the ad as it will appear in the paper the next 2 Tuesdays. Thanks! :) Dee Dee House (I'm filling in for Martha Plank today) 540-777-6477 LEGAL NOTICES ~ROANOKE COUNTY ABOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, September 23, 2003, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Richard Anderson to rezone .37 acres from AVC, Agricultural Village District with conditions, to C-2, General Commercial District, to operate a retail sales facility located at 5999 Franklin Road, S.W., 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: September 5, 2003 Diane S. Childers, Clerk (2207366) Diane Childers - RE: EP Properties, Anderson, and Sign Ordinance Page 1 From: Dee Shrader House <Dee.House@Roanoke.com> To: 'Diane Childers' <DCHILDERS@co.roanoke.va.us> Date: 9/4/03 4:03PM Subject: RE: EP Properties, Anderson, and Sign Ordinance Diane, I have scheduled your third & final ad (Sign Ordinance) to run Sept. 9 & 16 in the Roanoke Times. The cost of the ad is $138.00. We will billl Roanoke Co. Community Dev. Planning & Zoning ... and we will send you the affadavit. Below is a copy of the ad to run the next 2 Tuesdays. Thanks! :) Dee Dee House LEGAL NOTICE~~ROANOKE COUNTY~~BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, September 23, 2003, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of the Roanoke County Planning Commission to amend the Roanoke County Zoning Ordinance Section 30-93, Signs. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: September 5, 2003 Diane S. Childers, Clerk (2207373) ~ Diane Childers - TEXT.htm __ - - Page 1 Diane, I have scheduled your third & final ad (Sign Ordinance) to run Sept. 9 & 16 in the Roanoke Times. The cost of the ad is $138.00. We will bill) Roanoke Co. Community Dev. Planning & Zoning ... and we will send you the affadavit. Below is a copy of the ad to run the next 2 Tuesdays. Thanks! :) Dee Dee House LEGAL NOTICES ~ROANOKE COUNTY ABOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, September 23, 2003, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of the Roanoke County Planning Commission to amend the Roanoke County Zoning Ordinance Section 30-93, Signs. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: September 5, 2003 Diane S. Childers, Clerk (2207373) ~Lliane Childers -Ads: EP Properties, Anderson, and Sign Ordinance Page 1 I I~ From: Diane Childers To: legals@roanoke.com Date: 9/3/03 2:OOPM Subject: Ads: EP Properties, Anderson, and Sign Ordinance Martha, Attached are three legal ads to be published on September 9 and 16. Thanks! Diane S. Childers Clerk to the Board County of Roanoke Phone: (540) 772-2003 Fax: (540) 772-2193 Diane Childers - 09-23-Community Development.doc Page 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, September 23, 2003, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of EP Properties, LC to rezone .777 acres from I-1, Industrial District, to C-2, General Commercial District, to operate a retail sales facility located on Plantation 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: September 5, 2003 Diane S. Childers, Clerk Please publish in the Roanoke Times: Tuesday, September 9, 2003 Tuesday, September 16, 2003, Direct the bill for publication to: EP Properties C/o Gene Podell 7511 Williamson Road Roanoke, VA 24019 (540) 265-1919 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Diane S. Childers Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 Diane Childers - 09-23-Community Development.doc Page 21 . ~ .__ W W __ ~ ._ _ _ __-~ _ -- LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, September 23, 2003, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Richard Anderson to rezone .37 acres from AVC, Agricultural Village District with conditions, to C-2, General Commercial District, to operate a retail sales facility located at 5999 Franklin Road, S.W., 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: September 5, 2003 Diane S. Childers, Clerk Please publish in the Roanoke Times: Tuesday, September 9, 2003 Tuesday, September 16, 2003 Direct the bill for publication to: Carriage House Antiques C/o Richard Anderson 5999 Franklin Road, S.W. Roanoke, VA 24014 (540) 776-0499 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Diane S. Childers Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 Mane Childers - 09-23-Community Development.doc f LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS __ __T.... -__ Page 3~ The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, September 23, 2003, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of the Roanoke County Planning Commission to amend the Roanoke County Zoning Ordinance Section 30-93, Signs. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: September 5, 2003 Diane S. Childers, Clerk Please publish in the Roanoke Times: Tuesday, September 9, 2003 Tuesday, September 16, 2003 Direct the bill for publication to: Roanoke County Community Development Planning & Zoning P. O. Box 29800 Roanoke, VA 24018 (540) 772-2068 Attn: Susan Carter SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Diane S. Childers Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 3 L Diane Childers -Fwd: Roanoke - VRA RLF transaction Page 1 ~ From: Diane Hyatt To: Paul Mahoney; Sue Bane Date: 9/2/03 1:40PM Subject: Fwd: Roanoke - VRA RLF transaction Here is the public hearing ad to publish in the Roanoke Times on Sept 9 and 16. Sue, will you please send in to the paper. (Jesse Bausch of McGuire Woods offered to send in, but I felt more comfortable with following our normal procedures). CC: Diane Childers ~LDiane Childers - TEXT.htm ~~ Page 1 Attached is a draft of the public hearing notice for the upcoming Roanoke County RLF transaction. Please Diane Childers - FINANCIAL_SERVICES-#135059-v1-Roanoke_Notice_of_Public_Hearing.DOC Page 1 ~ NOTICE OF PUBLIC HEARING ON PROPOSED BOND FINANCING BY THE COUNTY OF ROANOKE, VIRGINIA NOTICE is given that the Board of Supervisors of the County of Roanoke, Virginia (the "Board"), will hold a public hearing in accordance with Section 15.2-2606 of the Code of Virginia of 1950, as amended, regarding the issuance of revenue bonds of the County of Roanoke, Virginia (the "County"), in the estimated maximum amount of $11,300,000 to finance the costs of the County's share of upgrades to the Roanoke Regional Wastewater Treatment Plant, together with related expenses. The bonds will be secured by a pledge of the County's wastewater system revenues. A resolution authorizing the issuance of the bonds will be considered by the Board at its meeting on September 23, 2003. The public hearing, which maybe continued or adjourned, will be held at 7:00 o'clock p.m., on September 23, 2003, before the Board of Supervisors in the Roanoke County Administration Center, 5204 Bernard Drive, S.W., Roanoke, Virginia. \\FIN\135059.1 NOTICE ~OF PUBLIC HEARING ON PROPOSED BOND FINANCING BY THE COUNTY OF ROANOKE, VIRGINIA NOTICE is given that the Board of Supervisors of the County of Roanoke, Virginia (the "Board"), will hold a public hearing in accordance with Section 15.2-2606 of the Code of Virginia of 1950, as amended, regarding the issuance of revenue bonds of the County of Roanoke, Virginia (the "County"), in the estimated maximum amount of $11,300,000 to finance the costs of the County's share of upgrades to the Roanoke Regional Wastewater Treatment Plant, together with related expenses. The bonds will be secured by a pledge of the County's wastewater system revenues. A resolution authorizing the issuance of the bonds will be considered by the Board at its meeting on September 23, 2003. The public hearing, which maybe continued or adjourned, will be held at 7:00 o'clock p.m., on September 23, 2003, before the Board of Supervisors in the Roanoke County Administration Center, 5204 Bernard Drive, S.W., Roanoke, Virginia. Comment: ATTENTION: Please note that this document was reconstructed to correct inherent conversion issues. While care has been taken to ensure that all formatting unique to this document was preserved, you should, nonetheless, review all document formats -- particularly those for numbered paragaphs, Tables of Contents, and any user-defined styles you may have created in this document. Additionally, all automatic numbering has been turned to accurate textual numbers. Contact the Help Desk at Extension 1234 should you have any further questions. \\FIN\135059.1 Dian. Childers -Public Notice -Bond Sale ~.__ Y _~_~ From: Sue Bane To: legals@roanoke.com Date: 7/29/03 2:19PM Subject: Public Notice -Bond Sale Martha, Please publish the attached notice on September 9 and 16. Let me know if you have any questions. Thanks, Sue Bane Legal Assistant Roanoke County Attorney's Office sbane@co.roanoke.va.us 772-2007 772-2089 (fax) Page 1 CC: Diane Childers; Diane Hyatt; Paul Mahoney Diane Childers - notice.bond.sale.doc Page 1 NOTICE OF PUBLIC HEARING ON PROPOSED BOND FINANCING BY THE COUNTY OF ROANOKE, VIRGINIA Notice is hereby given that the Board of Supervisors of Roanoke County, Virginia (the "County") will hold a public hearing in accordance with Section 15.2-2606 of the Code of Virginia of 1950, as amended, on the issuance of general obligation school bonds (the "Bond") of the County in the estimated maximum amount of $23,000,000 to finance certain capital projects for public school purposes. A resolution authorizing the issuance of the Bond will be considered by the Board of Supervisors at its meeting on September 23, 2003. The public hearing, which may be continued or adjourned, will be held at 7:00 p.m., or as soon thereafter as the matter is heard, on September 23, 2003, before the Board of Supervisors of Roanoke County at the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, Virginia. Please publish on: September 9, 2003 September 16, 2003 Please send bill to: Diane S. Childers, Clerk Roanoke County Board of Supervisors P. O. Box 29800 Roanoke, VA 24108