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2/24/2004 - Regular
Working Document -Subject to Revision Roanoke County Board of Supervisors Action Agenda February 24, 2004 Good afternoon and welcome to our meeting for February 24, 2004. 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 3:01 p.m. 2. Invocation: Pastor Jonathan Runnels Seventh Day Adventist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS None C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring the month of February 2004 as School Board Appreciation Month in the County of Roanoke Proclamation presented to School Board Vice-Chairman Drew Barrineau. Also present was Dr. Linda Weber, Superintendent. 2. Recognition of the Sheriff's Office for receiving re-accreditation from the American Correctional Association (ACA) 6 1 The following individuals from the Sheriff's Office were present for the recognition: Sheriff Gerald Holt; Captain Barry Tayloe, Director of Corrections; and Lisa Park, Professional Standards Manager. D. BRIEFINGS 1. Update on renovation of the Salem Office Supply Building. (Anne Marie Green, Director of General Services) Briefing presented by Ms. Green E. NEW BUSINESS None 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. JBC motion to approve 1St reading 2nd readings and public hearings - 3123/04 URC 1. First reading of an ordinance to rezone 1.24 acres from R1 Low Density Residential District to 12 Industrial District in order to operate a construction yard located at 7314 Wood Haven Road, Catawba Magisterial District, upon the petition of Ernest E. Sweetenberg 2. First reading of an ordinance to rezone 9.9 acres from C1 Office District to C2 General Commercial District and 5.8 acres from R1 Low Density Residential District to C2 General Commercial District in order to construct a general office and retail sales facility located at Route 419 near its intersection with Keagy Road, Windsor Hills Magisterial District, upon the petition of Kahn Development Company 3. First reading of an ordinance to rezone 4.92 acres from C2C General Commercial District with Conditions to C2 General Commercial District, 8.03 acres from C1 Office District to C2 General Commercial District, and 17.01 acres from R3 Medium Residential District to C2 General Commercial District in order to construct a general office and retail sales facility located at 4486 Summit Street, Cave Spring Magisterial District, upon the petition of Slate Hill I, LLC, Slate Hill II, LLC, and Woodcliff Investments, LLC 2 G. FIRST READING OF ORDINANCES First reading of an ordinance approving and authorizing execution of Amendment No. 1 to the Roanoke Valley Regional Cable Television Committee Agreement among the County of Roanoke, the City of Roanoke, and the Town of Vinton. (Joseph B. Obenshain, Senior Assistant County Attorney) MWA motion to approve 1St reading 2"d reading - 3/9/04 URC H. SECOND READING OF ORDINANCES 1. Second reading of an ordinance authorizing the conveyance of an easement across County owned property to American Electric Power, Inc. (AEP) for support of the Driver Training Center at Dixie Caverns, Catawba Magisterial District. (Ray Lavinder, Chief of Police) 0-022404-1 JBC motion to adopt ordinance URC 2. Second reading of an ordinance authorizing the quitclaim and release of a portion of a 30 ft. water and sewer line easement lying within the boundaries of Montague Way, created by subdivision plat of Wexford, Phase III, in Plat Book 18, Page 125, Windsor Hills Magisterial District. (Arnold Covey, Director of Community Development) 0-022404-2 JPM motion to adopt ordinance URC APPOINTMENTS 1. Board of Zoning Appeals (Appointed by District) 2. Capital Improvement Program Advisory Committee 3. Clean Valley Council 4. Grievance Panel 5. League of Older Americans Advisory Council 6. Roanoke Valley-Alleghany Regional Commission 3 6 7. Roanoke Valley Area Metropolitan Planning Organization Community Advisory Committee (CAC) 8. Social Services Advisory 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-022404-3 RCF motion to adopt consent resolution URC 1. Approval of minutes -February 10, 2004 (Joint Meeting) and February 10, 2004 (Board Meeting) 2. Confirmation of committee appointments to the Building Code Board of Adjustments & Appeals (Fire Code Board of Appeals) and Grievance Panel A-022404-3.a 3. Request from Police Department to accept and appropriate two Department of Motor Vehicle grants in the amount of $1,500 and $750 to be used to purchase non-flammable roadway flares for use during DUI checkpoints A-022404-3. b 4. Request from schools to accept and appropriate estimated Medicaid revenues of $40,000 A-022404-3.c 5. Resolution of appreciation upon the retirement of Phyllis W. James, Social Services Department, after thirty-one years of service R-022404-3.d 6. Request to accept donation of drainage easements along Chukar Drive and Crossbow Circle in connection with residential construction on Lot 1, Block 3, Section 4, Hunting Hills, Cave Spring Magisterial District 6 4 A-022404-3.e 7. Request to accept the donation of certain real estate for entrance improvements to the Vinton Business Center from the Church of Jesus Christ of Latter-Day Saints, Vinton Magisterial District A-022404-3.f 8. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $34,639.50 from the Virginia Department of Health for the purchase of an ambulance A-022404-3.g 9. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $34,500.00 from the Virginia Department of Emergency Management for the continuation of Community Emergency Response Team (CERT) training A-022404-3. h 10. Request to approve donation of Fire and Rescue vehicle to the Troutville Volunteer Fire Department A-022404-3.i K. REQUESTS FOR WORK SESSIONS None L. REQUESTS FOR PUBLIC HEARINGS It was the consensus of the Board to schedule the public hearings on March 9, 2004 at 7:00 p.m. 1. Request to hold the following public hearings on March 9, 2004 at 7:00 p.m.: (a) Public hearing to elicit citizen comment for items to be included in the budget for the 2004-2005 fiscal year. (b) Public hearing on the "effective tax rate increase" as a result of increased assessed value of real estate. (c) Public hearing to elicit citizen comment to set the real estate, personal property and machinery and tools tax rates in Roanoke County. 5 M. CITIZENS' COMMENTS AND COMMUNICATIONS None N. REPORTS RCF 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 -January 2004 6. Statement of expenditures and estimated and actual revenues for the month ended January 31, 2004 7. Statement of Treasurer's accountability per investment and portfolio policy as of January 31, 2004 0. CLOSED MEETING None P. WORK SESSIONS (4th Floor Conference Room) - 4:30 p.m. 1. Joint work session with the Planning Commission to discuss proposed revisions to the Community Plan. (Janet Scheid, Chief Planner) Time: 4:35 p.m. until 4:58 p.m. Planning Commission members present included: Steve Azar, AI Thomason, Gary Jarrell, Martha Hooker, and Rodney McNeil. Staff present included: Arnold Covey, Janet Scheid, and David Holladay. Ms. Scheid advised that the smart growth task force has met four times and has developed a list of policy issues to be addressed in the community plan. These issues include the following: (1) water and sewer extensions -should they be granted, should pump stations be allowed, etc.; (2) there is a consensus that the cluster ordinance needs to be revised; (3) should private roads be allowed in 6 agricultural areas with strict requirements; (4) should urban village centers, which would allow for multiple uses in the same area, be encouraged. Ms. Scheid advised that the next task force meeting is scheduled for March 10 and at that time staff will present specific policy recommendations. Once specific recommendations are established, the proposed changes will be presented at community meetings prior to returning the matter to the Board of Supervisors and Planning Commission. Ms. Scheid and Mr. Azar identified the top 3 critical issues as follows: (1) urban service boundaries (2) lot sizes -should density be increased in urban areas and decreased in agricultural areas (3) extension of water and sewer lines. A tour to evaluate issues pertaining to the community plan was scheduled for March 10 at 2:00 p.m. Members of the Board of Supervisors, Planning Commission, and County staff will attend. 2. Work session to preview the new Roanoke County website. (Elaine Carver, Director of Information Technology) Time: 3:45 p.m. until 3:52 p.m. Ms. Carver advised that an internal focus group was established to redesign the County's website. Members of the focus group included: Anne Marie Green, Dan O'Donnell, Diana Rosapepe, Teresa Hamilton Hall, and Jill Loope. Ms. Carver stated that the goals of the redesign were as follows: (1) establish consistent navigation and design; (2) reduce the number of staff hours necessary to maintain websites; (3) establish a search engine on the website; (4) create a foundation for future web transactions; (5) create a new website address which is: www.RoanokeCountyVA.gov. Ms. Carver demonstrated the new website and advised that it will be launched on March 1, 2004. 3. Work session on fiscal year 2004-2005 budget development. (Brent Roberson, Budget Director) Time: 3:53 p.m. until 4:35 p.m. (a) Review of capital projects 1. Public safety building 2. Jail expansion 3. Other capital projects (b) Funding issues for consideration (c) Economic development 6 Mr. Hodge advised that staff is currently conducting budget reviews with departments. Staff briefed the Board on the following budget-related matters: Public Safety Buildinq: Mr. O'Donnell advised that fees have been received from both competing firms and the Phase II proposal development is under way. The scope of services has been scaled back to one site (Cove Road) so that both firms are working with the same site. The proposal deadline was originally mid- April and is now set for mid-May due to the need to amend the scope of services. By the end of summer 2004, a comprehensive project agreement should be in place. At present, a request for proposals (RFP) has been issued seeking technical assistance to help County staff select the best proposal. In addition, a Phase II environmental study on the Cove Road site is being conducted as a safety precaution. Jail Expansion: Mr. Hodge stated that while attending VML/VACo Legislative Day in Richmond, staff visited the Department of Corrections (DOC). He advised that there is currently a moratorium on jail expansions and in order to obtain a waiver, a feasibility study must be conducted. If the waiver is approved by the DOC, the request is sent to the state for future funding. Local jails are reimbursed at a 25% rate; regional jails receive 50% reimbursement. By virtue of the City of Salem's involvement with the jail, it is classified as a regional jail. Staff is currently contacting other area localities to determine if they are interested in participating in the jail expansion. Mr. Hodge advised that a new site for the jail will need to be determined, and it will be approximately 3 years before construction can begin. Vinton Fire & Rescue Station: Mr. Hodge advised that the Town of Vinton has been working on plans to upgrade their building for approximately five years. They have been working to determine the scope of the project and whether it would be a fire and rescue building. At present, the Town is still working on the design and staff is attempting to determine Roanoke County's share of the cost. Supervisor Altizer stated that the existing building needs repairs and advised that the Town is moving closer to establishing a design. Paging System: Mr. Hodge stated that he would like to proceed with upgrading the paging system by utilizing grants and/or year-end funds. He advised that he would like to do this prior to the public safety building project, and noted that this item was ranked #1 by the Capital Improvements Program (CIP) Advisory Committee. Chief Burch advised that a needs assessment has already been conducted. Loss of Revenue -Utility Department: Mr. Robertson reported that the County will lose approximately $252,000 in annual Utility Department revenues when the Western Virginia Water Authority is implemented in July 2004. This will impact the following three departments: (1) County Attorney - $37,000; (2) Community Development - $195,000; (3) General Services - $20,000. It was noted that the impact to Roanoke City will be approximately $1 million per year. 8 Community Policy Management Team (CPMT): Mr. Chambliss reported that CPMT provides services for special education and foster care children who come before the juvenile court system. The number of children in the program continues to increase: last year there were 153 participants and through mid- February 2004, there were 141 participants in the program. These are mandated services and the total program cost in 2003 was approximately $2.6 million, of which the state pays approximately 56%. The local portion of the cost is split between the County and school's general funds based on the ratio of the cases. The current fiscal year total expense is anticipated to be $4.6 million. Additional Funding Requests: Mr. Robertson distributed summary and detail information for additional funding requests submitted by departments. Economic Development: Mr. Hodge advised that there is an opportunity to expand an existing business park in the County and this will require capital expenditures over the next several years. Staff will bring this matter back to the Board in the next several months. In addition, he advised that the Roanoke Regional Chamber of Commerce initiative to attract aloes-fare air carrier to Roanoke is still in progress and may require additional funding this year. Ms. Hyatt reported that $392,000 in economic development incentives has been set aside in the fiscal year 2003-2004 budget to be paid to three businesses. In fiscal year 2004-2005, these will continue at the same level plus $820,000 will be added for incentives to Lowe's, Integrity Windows, and Cardinal Glass. This will be a total of $1.2 million in incentive payments. In response to an inquiry from Supervisor McNamara, Mr. Robertson advised that the local revenue projection for 2004-2005 is approximately $5.8 million. Ms. Hyatt advised that the County's Virginia Retirement System (VRS) share will cost $2 million and the school's VRS share will cost between $1.7 and $2.5 million. EVENING SESSION Q. CERTIFICATION RESOLUTION None R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of congratulations to the Cave Spring High School Volleyball team for winning the State Group AA Championship R-022404-4 MAW motion to adopt resolution URC 9 6 S. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of an ordinance to obtain a special use permit to operate a private kennel on 1.5 acres located at 5005 Buffalo Circle, Catawba Magisterial District, upon the petition of Les and Angela Meadows and Barbara J. Schuyler. (Janet Scheid, Chief Planner) The petitioners and six citizens spoke regarding this matter. DENIAL OF PETITION 0-022404-5 JBC motion to deny ordinance and allow the petitioners 60 days to come into compliance AYES: Supervisors Church, Wray, Altizer, Flora NAYS: Supervisor McNamara 2. Second reading of an ordinance to rezone 2.37 acres from R-1 Low Density Residential District to C-1 Office District with conditions to construct a general office located at 3640 Colonial Avenue, Cave Spring Magisterial District, upon the petition of Roanoke Council of Garden Ctubs, Incorporated. (Janet Scheid, Chief Planner) 0-022404-6 MAW motion to adopt ordinance URC 3. Second reading of an ordinance to amend the conditions of ordinance 032399-8, Condition 3, to increase the maximum light pole height from 22 feet to 33.5 feet for property located at 3270 Electric Road, Cave, Spring Magisterial District, upon the petition of Balzer & Associates, Inc. (Janet Scheid, Chief Planner) This item was withdrawn at the request of the petitioner 4. Second reading of an ordinance to amend conditions on a 157 acre portion of a Planned Residential Development originally consisting of 302 acres (Wilshire) and to rezone 32 acres from R1-C Single Family Residential District with conditions to PRD, located south of the Blue Ridge Parkway at milepost 125, Cave Spring Magisterial District, upon the petition of Land Planning & Design Associates. (Janet Scheid, Chief Planner) The petitioner and five citizens spoke regarding this matter. 6 10 0-022404-7 MAW motion to adopt ordinance URC T. CITIZENS' COMMENTS AND COMMUNICATIONS None U. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: (1) He extended condolences to the family of Lee Eddy, former Roanoke County Board Member, who passed away recently. He noted that Mr. Eddy had made significant contributions to Roanoke County and that in addition to serving on the Board, he also served on numerous committees including the Clean Valley Council and Greenways Commission. He stated that Mr. Eddy will be missed. Supervisor Wray: (1) He extended sympathy to the family of Lee Eddy and Mildred Scott, an employee in the Treasurer's Office, whose son passed away recently. (2) He extended appreciation to the Registrar's Office for a smooth transition in the implementation of the new electronic voting equipment. (3) He advised that Clearbrook Elementary School PTA will be hosting a silent and live auction and dinner on March 12. The dinner will be from 5:30 - 6:30, silent auction from 6:00 - 7:00, and live auction at 7:00. Dinner reservations can be made by calling the school. (4) He wished the following businesses, which recently held ribbon cutting ceremonies, success in their operations: Huntington Learning Center, The Shoe Doctor, and Martin's German Auto. Supervisor Church: He advised that he received a communication from a citizen commending Mr. Hodge for his assistance in resolving a problem at Catawba Hospital. He stated that Mr. Hodge was praised for his quick, decisive, and pleasant response to this issue. V. ADJOURNMENT Chairman Flora adjourned the meeting at 9:20 p.m. 6 11 Roanoke County Board of Supervisors Agenda February 24, 2004 Good afternoon and welcome to our meeting for February 24, 2004. 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 Jonathan Runnels Seventh Day Adventist Church 3. Pledge of Allegiance to the United States Flag 6. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring the month of February 2004 as School Board Appreciation Month in the County of Roanoke 2. Recognition of the Sheriff's Office for receiving re-accreditation from the American Correctional Association (ACA) D. BRIEFINGS 1. Update on renovation of the Salem Office Supply Building. (Anne Marie Green, Director of General Services) 1 E. NEW BUSINESS 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 rezone 1.24 acres from R1 Low Density Residential District to 12 Industrial District in order to operate a construction yard located at 7314 Wood Haven Road, Catawba Magisterial District, upon the petition of Ernest E. Sweetenberg 2. First reading of an ordinance to rezone 9.9 acres from C1 Office District to C2 General Commercial District and 5.8 acres from R1 Low Density Residential District to C2 General Commercial District in order to construct a general office and retail sales facility located at Route 419 near its intersection with Keagy Road, Windsor Hills Magisterial District, upon the petition of Kahn Development Company 3. First reading of an ordinance to rezone 4.92 acres from C2C General Commercial District with Conditions to C2 General Commercial District, 8.03 acres from C1 Office District to C2 General Commercial District, and 17.01 acres from R3 Medium Residential District to C2 General Commercial District in order to construct a general office and retail sales facility located at 4486 Summit Street, Cave Spring Magisterial District, upon the petition of Slate Hill I, LLC, Slate Hill II, LLC, and Woodcliff Investments, LLC G. FIRST READING OF ORDINANCES 1. First reading of an ordinance approving and authorizing execution of Amendment No. 1 to the Roanoke Valley Regional Cable Television Committee Agreement among the County of Roanoke, the City of Roanoke, and the Town of Vinton. (Joseph B. Obenshain, Senior Assistant County Attorney) H. SECOND READING OF ORDINANCES 1. Second reading of an ordinance authorizing the conveyance of an easement across County owned property to American Electric Power, Inc. (AEP) for support of the Driver Training Center at Dixie Caverns, Catawba Magisterial District. (Ray Lavinder, Chief of Police) 2. Second reading of an ordinance authorizing the quitclaim and release of a portion of a 30 ft. water and sewer line easement lying within the boundaries of Montague Way, created by subdivision plat of Wexford, Phase III, in Plat 2 Book 18, Page 125, Windsor Hills Magisterial District. (Arnold Covey, Director of Community Development) I. APPOINTMENTS 1. Board of Zoning Appeals (Appointed by District) 2. Capital Improvement Program Advisory Committee 3. Clean Valley Council 4. Grievance Panel 5. League of Older Americans Advisory Council 6. Roanoke Valley-Allegheny Regional Commission 7. Roanoke Valley Area Metropolitan Planning Organization Community Advisory Committee (CAC) 8. Social Services Advisory 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. 1. Approval of minutes -February 10, 2004 (Joint Meeting) and February 10, 2004 (Board Meeting) 2. Confirmation of committee appointments to the Building Code Board of Adjustments & Appeals (Fire Code Board of Appeals) and Grievance Panel 3. Request from Police Department to accept and appropriate two Department of Motor Vehicle grants in the amount of $1,500 and $750 to be used to purchase non-flammable roadway flares for use during DUI checkpoints 4. Request from schools to accept and appropriate estimated Medicaid revenues of $40,000 5. Resolution of appreciation upon the retirement of Phyllis W. James, Social Services Department, after thirty-one years of service 3 6. Request to accept donation of drainage easements along Chukar Drive and Crossbow Circle in connection with residential construction on Lot 1, Block 3, Section 4, Hunting Hills, Cave Spring Magisterial District 7. Request to accept the donation of certain real estate for entrance improvements to the Vinton Business Center from the Church of Jesus Christ of Latter-Day Saints, Vinton Magisterial District 8. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $34,639.50 from the Virginia Department of Health for the purchase of an ambulance 9. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $34,500.00 from the Virginia Department of Emergency Management for the continuation of Community Emergency Response Team (CERT) training 10. Request to approve donation of Fire and Rescue vehicle to the Troutville Volunteer Fire Department K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS 1. Request to hold the following public hearings on March 9, 2004 at 7:00 p.m.: (a) Public hearing to elicit citizen comment for items to be included in the budget for the 2004-2005 fiscal year. (b) Public hearing on the "effective tax rate increase" as a result of increased assessed value of real estate. (c) Public hearing to elicit citizen comment to set the real estate, personal property and machinery and tools tax rates in Roanoke County. 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 4 5. Accounts Paid -January 2004 6. Statement of expenditures and estimated and actual revenues for the month ended January 31, 2004 7. Statement of Treasurer's accountability per investment and portfolio policy as of January 31, 2004 O. CLOSED MEETING P. WORK SESSIONS (4th Floor Conference Room) - 4:30 p.m. 1. Joint work session with the Planning Commission to discuss proposed revisions to the Community Plan. (Janet Scheid, Chief Planner) 2. Work session to preview the new Roanoke County website. (Elaine Carver, Director of Information Technology) 3. Work session on fiscal year 2004-2005 budget development. (Brent Roberson, Budget Director) (a) Review of capital projects 1. Public safety building 2. Jail expansion 3. Other capital projects (b) Funding issues for consideration (c) Economic development EVENING SESSION Q. CERTIFICATION RESOLUTION R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of congratulations to the Cave Spring High School Volleyball team for winning the State Group AA Championship S. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of an ordinance to obtain a special use permit to operate a private kennel on 1.5 acres located at 5005 Buffalo Circle, Catawba Magisterial District, upon the petition of Les and Angela Meadows and Barbara J. Schuyler. (Janet Scheid, Chief Planner) 5 2. Second reading of an ordinance to rezone 2.37 acres from R-1 Low Density Residential District to C-1 Office District with conditions to construct a general office located at 3640 Colonial Avenue, Cave Spring Magisterial District, upon the petition of Roanoke Council of Garden Clubs, Incorporated. (Janet Scheid, Chief Planner) 3. Second reading of an ordinance to amend the conditions of ordinance 032399-8, Condition 3, to increase the maximum light pole height from 22 feet to 33.5 feet for property located at 3270 Electric Road, Cave. Spring Magisterial District, upon the petition of Balzer & Associates, Inc. (Janet Scheid, Chief Planner) 4. Second reading of an ordinance to amend conditions on a 157 acre portion of a Planned Residential Development originally consisting of 302 acres (Wilshire) and to rezone 32 acres from R1-C Single Family Residential District with conditions to PRD, located south of the Blue Ridge Parkway at milepost 125, Cave Spring Magisterial District, upon the petition of Land Planning & Design Associates. (Janet Scheid, Chief Planner) T. CITIZENS' COMMENTS AND COMMUNICATIONS U. REPORTS AND INQUIRIES OF BOARD MEMBERS V. ADJOURNMENT 6 1 ACTION NO. ITEM NO. ~~ ~ ~' '°~.-- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 2004 AGENDA ITEM: Proclamation declaring February 2004 as School Board Appreciation Month APPROVED BY: Elmer C. Hodge ~ ~'~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia School Boards' Association has designated February 2004 as School Board Appreciation Month, and Governor Warner issued a proclamation recognizing the observance. Attached is a proclamation declaring February 2004 as School Board Appreciation Month in Roanoke County. Vice-Chairman Drew Barrineau and Superintendent Dr. Weberwill be present to accept the proclamation. ~ ~ ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 24, 2004 PROCLAMATION DECLARING THE MONTH OF FEBRUARY 2004, AS SCHOOL BOARD APPRECIATION MONTH IN ROANOKE COUNTY WHEREAS, it is crucial to the continued security, stability and prosperity of our Commonwealth's families and communities that all students in Virginia's public schools are afforded an equal opportunity to receive a quality education; and WHEREAS, teachers, administrators, families and local school board members are entrusted with creating a safe and nurturing environment conducive to learning in Virginia's public schools; and WHEREAS, local school boards throughout Virginia promote curriculum that ensure students a relevant and well-rounded education that is applicable to students' daily lives, as well as, to their future academic and professional pursuits; and WHEREAS, local school boards work together though the Virginia School Boards Association to encourage local control of Virginia's public schools and to share teaching and administrative techniques, experiences and suggestions with one another in a focused effort to raise the overall quality of education in our Commonwealth; and WHEREAS, this year's theme "Virginia School Boards: Building Better Opportunities," reflects the commitment of Virginia's local school board members to provide the opportunity for all students to receive a quality preparatory education. NOW THEREFORE, BE IT PROCLAIMED that the Board of Supervisors of Roanoke County, Virginia, does hereby, on behalf of its members and the citizens of -`~_.., ~- Roanoke County, recognize and proclaim February 2004, as SCHOOL BOARD APPRECIATION MONTH in the County of Roanoke, and FURTHER, the Board wishes to express its appreciation to the members of the Roanoke County School Board for their efforts on behalf of the County's public school system. ACTION NO. ITEM NO. {~.. ~~" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 2004 AGENDA ITEM: Recognition of the Sheriff's Office for receiving re-accreditation by the American Correctional Association (ACA) APPROVED BY: Elmer C. Hodge ~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside to recognize the Sheriff's Office for achieving re-accreditation through the ACA. The Sheriff' Office was first accredited in 2000. To be accredited by the ACA, a jail must be in compliance with 100% of the 38 mandatory standards and 90% of the 401 non-mandatory standards. The Roanoke County/Salem Jail was in 100% compliance of the mandatory standards and 98% of the non-mandatory standards. It is the 7th out of 85 local jails in Virginia and 98th out of over 4,000 local jails nationwide to achieve accredited status. The standards for accreditation cover such areas as those listed below: - Jail administrative operations - Budget/fiscal management - Staff training - Inmate records - Jail security and operations - Inmate Classification and discipline - Jail Physical Plant - Food Service - Safety and Sanitation - Health Care - Other inmate services and programs Present at the meeting will be Sheriff Gerald Holt; Captain Barry Tayloe, Director of Corrections; and Lisa Park, Professional Standards Manager. ACTION NO. ITEM NO. (~ - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: February 24, 2004 Update on renovation of the Salem Office Supply Building Anne Marie Green Director of General Services Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Salem Office Supply Building, located across from the Roanoke County Courthouse, is currently being renovated for office space to be used by the Court Services Unit and the Sheriff's Office. The Court Services Unit has outgrown its current space at the courthouse and is seriously hampered in its operations by the lack of room, both for people and computers. The Sheriff is located in a small building on the Courthouse parking lot which is not handicapped accessible and has structural problems, including a leaking roof. The Board and staff investigated many properties in the Salem area, including the old Salem Theater Building, the First Virginia Bank, the former Winn-Dixie, the old Harris Teeter building, and two free standing houses diagonally across from the Courthouse. These properties were all rejected as being too small, too expensive, or too inconvenient for the Juvenile and Domestic Relations Court which must work closely with the Court Services Unit. Renovating the Salem Office Supply building met the necessary criteria and was deemed the most cost effective method of obtaining what was needed. New construction on that site would have been difficult due to the flood plain and more expensive per square foot that the renovation project. The Salem Office Supply building will have 17,000 square feet of space, although the current project only encompasses finishing the 12,000 square feet on the first floor. The second floor will be roughed in and ready for finishing when the need arises. ~-~ Progress has been slowed by the weather and materials which had to be ordered. The following has been completed or will begin within the next two weeks: • The new roof on the rear has been replaced • The HVAC interior equipment has been installed in the attic area of the front • The staircase walls and elevator shafts are in place • Openings in the rear of the building have been reconfigured, including the former loading dock and garage door areas. • Side window openings are ready for window installation • Gravel for leveling of the floor is on site and the floor will be poured once the heavy equipment is out of the front area • The new front trusses have been ordered and should be delivered within the next two weeks • Work has begun to rebuild the front wall. Footings will be poured during the week of February 16` ,and block should be installed beginning the week of February 23. The final finish for the front will be red brick. • Rough ins for the rear of the building will begin shortly, and some plumbing rough in is in place in the floor of the front. It is currently anticipated that the building will be finished by October, 2004 and will remain within budget. A breakdown of the financial information is attached for your review. Once the front roof is in place, and the weather is no longer a factor, work will progress more quickly. With the four new trusses and the new front wall, the structural soundness of the building will be greatly enhanced. Despite the delays that these issues have caused, the long term improvement to the building is well worth the time and effort involved. Building a new front wall will also allow us to make the building more attractive and in keeping with the architecture in downtown Salem. ~_ ~ SALEM OFFICE SUPPLY FINANCIAL INFORMATION FEBRUARY 24, 2004 Contract Contingency (includes 10% plus previous building funds) TOTAL Change Orders Includes engineering consultants for stability issues under elevator and stair shafts, rebuild of front wall, strengthening of parapet wall, replacement of roof outriggers, and reconstruction of penthouse. Contingency left for project $1,445,281 179,500 $1,615,843 123,835 $ 46,727 The trusses which are being replaced will be handled by insurance from the contractors and subcontractors. • ~ t r-eo aC u~ ~.~~.: ~t~ tit'~~li i S~lJT9 17.~~2u!`S C~~E7? ~~F~'--6LJ55 ~~.] f- ~ ~.`~s ~-, - _ ~.r ~ ~. J { W Cyy~i C7 a m n i I I L~ ~~ pl~ 1 r.,l~ ;~ +;z- I ~ ~Q e-LL ©~-:JJa 1 CVO i~ ~ ~ ~ i r ~ ~ ~ ~ A I~ o;~ t:~ ~.~r x U 4+ a ~l ~N ~~ O ~ 0-.2 ` ~ Q~ ~~ ~a , ;-i ~_1 w ~J ~ ~ ~~... ~ ~; ~r~ v .~K, ~;~ ~ M~,, ~, t O C~ ~~ ~~^ ACTION NO. ITEM NO. ~"`~ .~;> AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 2004 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 ~l-) 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 March 23, 2004. The titles of these ordinances are as follows: The petition of Ernest E. Sweetenberg to rezone 1.24 acres from R1 Low Density Residential District to 12 Industrial District in order to operate a construction yard located at 7314 Wood Haven Road, Catawba Magisterial District. 2. The petition of Kahn Development Company to rezone 9.9 acres from C1 Office District to C2 General Commercial District and 5.8 acres from R1 Low Density Residential District to C2 General Commercial District in order to construct a general office and retail sales facility located at Route 419 near its intersection with Keagy Road, Windsor Hills Magisterial District. ~' ~. 3. The petition of Slate Hill I, LLC, Slate Hill II, LLC, and Woodcliff Investments, LLC, to rezone 4.92 acres from C2C General Commercial District with Conditions to C2 General Commercial District, 8.03 acres from C1 Office District to C2 General Commercial District, and 17.01 acres from R3 Medium Residential District to C2 General Commercial District in order to construct a general office and retail sales facility located at 4486 Summit Street, Cave Spring Magisterial District. Maps are attached. More detailed information is available in the Clerk's Office. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for March 23, 2004. 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 Community Development Planning & Zoning 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 ~~ For Staff Use Only Date received: Rec ived by: ~ 02 :~ Application fee: C.. ~(~. PC~Zk da e: ~ c~ a Placards issued: B S date: _ , , Case Number y - ~ l~n~ t.J ALL APPLICANTS Check type of application filed (check all that apply) Rezoning Special Use Variance Waiver Administrative Appeal A~~p^^plicants name/address w/ ip ` ~ Phone: 3~~ ~ ~ ~ ~ ~ W k 3 - ~- S 1 Sk ~~ ~~ j or : i e-~ ~.JGt.~e G7c Gl/l~cS~ ~ / ~ Cell # ~~ GCS 4~ tt`i9 ire .r/ ?2 ~ /t/-t.cf Fax No :~fo 3 ~~ 7 . . a ~ me/address w/zip Phone #: ~ oZ~~ Owner's na L ~t s T ~ ~ic/GC ~G,,.^~~ Work: ~o / ~ d J / F N # 6 P" ' ~7 (f~~ ~ , .-.~ . ax o. : ,S ~ S 3 j i~{ ~ ~.~/ fF~-- a / /~ Property Location ~//f ~~ d / ~ Magisterial District: ~~ ~~,~~~ ~Q ~ f~, ~ ~.' ry lji1 /fl L~/ b 2 ~ Community Planning area: / ~O Tax Map No.: ~ 6 . ` ~ ~ - ~'Q~ ~~ Existing Zoning: Size of parcel(s): Acres: , ~ Existing Land Use: T ~'~ ° ` ~` ~ ~ ~` ~~ d~ REZONING SPECIAL USE PERMITAND WAIVER APPLICANTS (RLS/V~ , . . a-sr~r~~. Proposed Zoning: ~/~~ ~ -~-~'a Proposed Land Use: % o ~ r~ ~rlGG,~s ~~'A'~-E' i ~n.e ~I~ ~~c~4.1f ~ me s the pazcel meet the minimum lot azea, width, and frontage requirements of the requested district? Yes No IF NO, A VARIANCE IS REQUIRED FIRST. es the parcel meet the minimum criteria for the requested Use Type? ~ No IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? a No VARIANCE; .WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (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 r~ ~~ Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/S/W V/AA It/S/W V/AA R/S/W V/AA Consultation 8 1/2" z 11" concept plan Application fee Application Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. 2 Owner's Si nature / ~', I JLSTIFICATIONF R REZONING, CIAL USE E OR WAIVER REQUEST I Applicant The Planning Commission wilt study rezoning, spece 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 --- ~'' ~ r- c .,rs I/~ ~'.~~ ,~ y C ~ ~ %~ ?~~ GG/_c~ C`i~ ~~ /©~~ e rT~ i .~ ~A~c /~lr aC ~r`G~ G fJrS lZvc~c~ ~r/~~~~(.~ ~ 'fI~ iS ~/G~ G~ _Tit/ /J .~~ ~ ~c3 ~fsv.~ p / ' / 1 ~,L „~ ~ / ~,5 Z d ~~ ~ i P/ C' ~ fSi~~", i/e. ~ ~~7 ~`;,ri ~ ~r~/ ~i/r~~/ /!`"dt ~ S` ~rt N K Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. ~~s ~ ~ r~~- ~ ~, / / ~~~ ~~~~~ Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding azea, as well as the impacts on public services and facilities, including waterlsewer, roads, schools, pazks/recreation and fire and rescue. 'JfW ~ lr Z,,C.~~ /I ~ ~ N~ ir'C ~ .. ~ ~r~ i,~ i,Lh ~ ~+ 1 f~G^t-..~ 3 ~i 3USTIFICATION FOR VARIANCE REQUEST - Applicant The of Zoning Appeals is required by Section 15.2-2309 of the Code of Virginia to consider the following factors before a variance can be grante .Please read the factors listed below carefully and in your own words, describe how the request meets each factor. If addition space is needed, use additional sheets of paper. 1. The vaziance shall not be ntrary to the public interest and shall be in harmony wi the intended spirit and purpose of the Zoning Ordinance. 2. The strict application of the zoning ordinance wd produce un~e hardship; a hazdship that approaches confiscation (as distinguished from a special privilege or convenien )and would rohibit or unreasonably restrict the use of the property. 3. The hardship is not shared by other properties the same zoning d'~trict or vicinity. Such hardships should be addressed by the Board of Supervisors as amendments to a Zoning Ordinance. 4. The variance will not be of 'substantial detriment to the adjacent properties or the cha`{acter of the district. 4 ~~ JLSTIF`ICATION FOR ADNIIlVISTRATIVE APPEAL REQUEST Applicant 5 ~f CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver and vaziance 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 minimutn• ALL APPLICANTS _ a. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or squaze 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, floodplam, 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 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 n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above aze complete. 6 ~ a`i ~2 .~ v,~~/ v~ ~ ~ i o o ~ o ~ ~ o ~ r o "~ 1 `-J ~ /~ ,i ~~ ~~ C ,~' ~ _sr' ~~ ~ V ~ *~*~. .• ~~. ~~ ~~ ^ i ROANOKE COUNTY Applicants name: Ernest Edward Sweetenberg DEPARTMENT OF Proposed Zoning: I-2 COMMUNITY DEVELOPMENT Tax Map No 26.19-1-59 County of Roanoke For Staff Use Only r'~~ / COIIlIIlllnlty DeVelOpment Date received: Received by: Planning & Zoning ~3 0 ~ 5204 Bernard Drive Application fee: o PCL~.Ldate: ~ f ~ ~CW P O Box 29800 Placards issued: BOS date: Roanoke, VA 24018-0798 3 Q a (540) 772-2068 FAX (540) 776-7155 Case Number _ 3 ALL APPLICANTS Check type of application filed (check all that apply) 1~1 Rezoning ^ Special Use ^ Variance ^ Waiver ^ Administrative Appeal Applicants name/address w/zip Phone: Kahn Development Company ~~(540) 224-8018; FAX (540 224-8050 3321 Forest Drive, S>,iite 11-B (aelk~ Marvel e7 n ~ Goodlatte, Esq. ColtIInbia, South Carolina 29204 max Attorney for A~nlicant Owner's name/address w/zip Phone #: Work: See attached Schedule A Fax No. #: Property Location 419/ d l R t l l Magisterial District: Windsor Hills a ong ou e Four parce ocate s Windsor Hills Keagy Road Community Planning area: Tax Map No.: 67.18-02-01; 67.18-02-02; Existin ~~ :67.18-02-O1 Cl g g 67.18-02-02 02-03 and. 02-04 R1 Size of parcel(s): Acres: 15.52 acres Existing Land Use: Vacant and residential ~ R~ZDIVIIVGS~EC~AL i~S~ P~R~11I~A[Y~3; ~AIY'EBAPPLICAtyT~ (It/St"~~~ Proposed Zoning: C2 Proposed Land Use: Mixed >.>se (off ice/retail/and possible residential) developme t Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes X No ^ IF NO, A VARIANCE IS REQUIRED FIItST. Does the parcel meet the minimum criteria for the requested Use Type? Yes I~ No ^ IF NO, A VARIANCE IS REQUIRED FII2ST If rezoning request, are conditions being proffered with this request? Yes ^ No ^ f ~ARIANCE, 1 f :91YER AND ADMINISTRATIVE APPEAL APPLIC.4IVTS (i~/W/AAA k 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 WII~L NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/S/W V/AA R/S/W V/AA R/S/W V/AA Consultation 8 ]/2" x 1 ]"concept p]an 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 propertynor the ownPer's a ent or c~onAl`a~ct purchaser and am acting with the lrnowledge and consent of the owner. KA1-llVn p BY t / /1./~ - 1~'./~ Owner's Sienature JL'~-STIFIC:~TION FOR REZONING, 2 JLiSTLFIC.~TION FDR REZONING, SPECLaL USE PERRIIT OR WAIVER REQUEST Applicant Kahn Develo~xnent Company 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. The Cotm ty's zoning ordinance recognizes that C2 (General Commercial Districts) are most appropriately found along major arterial thoroughfares which serve large segments of the Cotmty's population. 'This project, located at the intersection of Rotate 419 and Keagy Road is appropriate for the location. Its mixed use design and nature (office/retail/and possible residential) provides a buffer for the existing residential neighborhoods behind this development. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Mixed use oriented toward Route 419 and Keagy Road promotes the policies contained in the Cotmty's Commtmity Plan. The proffered conditions in particular are intended. to assure a high quality development which will serve the economic and lifestyle needs of the community while buffering the existing residential neighborhoods behind the proposed development. 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. No negative impacts are anticipated as a result of the development of this property. Necessary turn lanes off Route 419 to provide proper ingress and egress to the facility will be provided. Public sewer will be extended. Improvements to Keagy Road are contemplated. JUSTI~ICaTIO1V FOR V.-~Itl.-1_tiCE REQL'~EST 3 f- ~ SCHEDULE A COUNTY OF ROANOKE COMMUNITY DEVELOPMENT PLANNING & ZONING APPLICATION FOR REZONING Name/Address of Owners Property and Owner Tax Map Number Owner/address Existing Zoning 67.18-02-01 Herbert D. McBride C 1 5105 Greenfield Street, S.W. Roanoke, Virginia 24018 67.18-02-02 Country East, L.L.C. Rl P. O. Box 4143 Roanoke, Virginia 24015 67.18-02-03 Country East, L.L.C. Rl P. O. Box 4143 Roanoke, Virginia 24015 67.18-02-04 Country East, L.L.C. Rl P. O. Box 4143 Roanoke, Virginia 24015 F. ~ SCHEDULE B COUNTY OF ROANOKE COMMUNITY DEVELOPMENT PLANNING & ZONING APPLICATION FOR REZONING Community Planning Area Tax Map Parcel 67.18-02-01 is identified as Transition in the 1998 Comprehensive Development Plan. The other three parcels are identified as Development in the 419 Development Plan and Neighborhood Conservation in the 1998 Comprehensive Development Plan. ~- a. CONCEPT PL~ti EFIECKLISI' A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan 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 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 I certify that all items required in the checklist above are complete. KAHN DEVELOPMENT COMPANY Sign eofapplicant Maryellen F. Goodlatte, its Attorney Date 6 ~~ Description of 9.8471 Acre Parcel (Tax Parce167.18-2-1) BEGINNING at a concrete right of way monument at the intersection of the westerly right of way of Electric Road (Va. Route 419) and the northerly right of way of Keagy Road (VA Sec. Route 685); thence leaving Electric Road and with the northerly right of way of Keagy Road, S. 20°49' 15" W., 79.64 feet to a concrete right of way monument; thence continuing with said right of way, S. 57°25'43" W., 66.62 feet to a concrete right of way monument; thence continuing with said right of way on a curve to the right whose radius is 954.93 feet, whose length is 124.12 feet, and whose chord is S. 61°36'34" W., 124.03 feet to a concrete right of way monument; thence continuing with said right of way, S. 65°28'00" W., 4.22 feet to a point; thence continuing with said right of way, S. 24°32'00" E., 19.74 feet to a point; thence continuing with said right of way, S. 63°36'48" W., 117.26 feet to a point; thence continuing with said right of way, S. 60°31'48" W., 302.30 feet to a point; thence leaving the right of way of Keagy Road and with the property of Annie M. Hall (DB 400, Pg. 142), N. 30°06' 12" W., 226.70 feet to a point; thence continuing with the property of Annie M. Hall, N. 34°35' 12" W., 129.30 feet to a point; thence continuing with the property of Annie M. Hall, N. 45°09' 12" W., 269.81 feet to a point, an iron pin found bears S. 34°55'01"W., 0.41 feet from the corner; thence leaving the property of Annie M. Hall and with the property of Edward B. Via (WB 48, Pg. 1100), N. 34°55'01" E., 458.49 feet to an iron pin found; thence continuing with the property of Edward B. Via, S. 54°13'12" E., 433.83 feet to an iron pin found; thence continuing with the property of Edward B. Via, S. 82°O1' 12" E., 272.80 feet to an iron pin found in the westerly right of way of Electric Road; thence leaving the Via property and with the right of way of Electric Road on a curve to the left whose radius is 1,712.02 feet, whose length is 194.46 feet, and whose chord is S. 15°18'01" E., 194.35 feet to the Point of Beginning, containing 9.8471 acres, being all of the property conveyed to Otis H. and Mary N. McBride in DB 427, Pg. 267 as recorded in the Office of the Clerk of the Circuit Court of the County of Roanoke and being as shown on Boundary Survey for Kahn Development Company by Caldwell White Associates dated 18 Nov. 2003. Description of 2.634 Acre Parcel (Tax Parce167.18-2-2) BEGINNING at an iron pin found at the southeast corner of the property of Annie M. Hall (DB 400, Pg. 142), and being on the line of the property of Jean W. Stultz, Michael B. Wertz, and Heather E. Wertz (DB 1613, Pg. 1509) and the northerly right of way of Keagy Road; Thence leaving the right of way of Keagy Road and with the property of Stultz and Wertz, N. 29° 51'20" W., 291.37 feet to a point; Thence continuing with the Stultz and Wertz property N. 45° 09' 25" W., 228.39 feet to a point, an iron pin found bears N. 39° 48' 35" W., 1.94 feet from the corner; Thence leaving the Stultz and Wertz property and with the property of Edward B. Via (WB 48, Pg. 1100) N. 34° 55' O1" E., passing an iron pin found at 200.53 feet, for a total distance of 200.94 feet to a point; Thence leaving the Via property and with the property of Herbert D. McBride (WB 57, ~' Pg. 18) S. 45° 09' 12" E., 269.81 feet to a point; Thence continuing with the McBride property S. 34° 35' 12" E., 129.30 feet to a point; Thence continuing with the McBride property S. 30° 06' 12" E., 226.70 feet to a point in the northerly right of way of Keagy Road; Thence leaving the McBride property and. with the right of way of Keagy Road, S. 65° 19' 09" W., 205.17 feet to the Point of Beginning, containing 2.634 acres, and being all of the property conveyed to Annie M. Hall in DB 400, Pg. 142 recorded in the Office of the Clerk of the Circuit Court of the County of Roanoke, Virginia, and being shown on Boundary Survey for Country East LLC, dated 18 November 2003 by Caldwell White Associates. Description of 1.116 Acre Parcel (Tax Parce167.18-2-3) Starting at a point in Keagy Road, said point being the southwest comer of Parcel I of the property conveyed to Jean W. Stultz, Michael B. Wertz, and Heather E. Wertz (DB 1613, Pg 1509), Thence leaving Keagy Road and with the property of Earle C. and Marcelene Atkins (DB 806 Pg. 579) and Quit Claim DB 892 Pg. 242), S. 28° 39' 25" E. 295.16 feet to a point, the TRUE POINT OF BEGINNING, an iron pin found bears N. 76° 41' 11" E. 0.90 feet from the corner; Thence with the property of Atkins and Curtis D. & Ethel V. Peters (DB 844 Pg. 61), N. 60° 36' 39" W., passing and iron pin found at 56.70, for a total of 100.92 feet to an iron pin found; Thence leaving the Peters property and with the property of The Mounfield Family Limited Partnership (DB 1553 Pg. 1691) N. 34° 29' 20" E. 60.06 feet to an iron pin found; Thence leaving the Mounfield property and with the property of Edward B. Via (WB 48 Pg. 1100), N. 34° 55'01" E. 257.23 feet to a point, an iron pin found bears N. 39°48'35" W. 1.94 feet from the corner; Thence leaving the Via property and with the property of Annie M. Hall (DB 400 Pg. 142), S. 45°09'25" E. 228.39 feet to a point; Thence leaving the Hall property and with the northerly line of Parcel I of the Stultz and Wertz property, S. 59°44'35" W 295.51 feet to the True Point of Beginning, containing 1.1159 acres, being all of Parcel II conveyed to Jean W. Stultz, Michael B. Wertz, and Heather E. Wertz in DB 1613 Pg. 1509 as recorded in the Office of the Clerk of the Circuit Court of the County of Roanoke, and being as shown on Boundary Survey for Country East LLC by Caldwell White Associates dated 18 November 2003. Description of 2.0516 Acre Parcel (Tax Parce167.18-2-4) BEGINNING at a point in Keagy Road, said point being the southwest comer of Parcel I of the property conveyed to Jean W. Stultz, Michael B. Wertz, and Heather E. Wertz (DB 1613, Pg 1509), Thence leaving Keagy Road and with the property of Earle C. and Marcelene Atkins (DB 806 Pg. 579) and Quit Claim DB 892 Pg. 242), S. 28° 39' 25" E. 295.16 feet to a point, an iron pin found bears N. 76° 41' 11" E. 0.90 feet from the corner; Thence leaving the Atkins property and with the southerly line of Parcel II of the property of Jean W. Stultz, Michael B. Wertz and Heather E. Wertz (DB 1613 Pg. 1509), ~- N. 59° 44' 35" E. 295.51 feet to a point; Thence leaving the aforesaid Parcel II and with the westerly line of the property of Annie M. Hall (DB 400 Pg. 142), S. 29° 51' 20" E., passing an iron pin found at 291.37 feet, for a total of 303.48 feet to a point in Keagy Road; Thence with Keagy Road S. 61° 20' 35" W. 301.74 feet to the Point of Beginning, containing 2.0516 acres, being all of Parcel I conveyed to Jean W. Stultz, Michael B. Wertz, and Heather E. Wertz in DB 1613 Pg. 1509 as recorded in the Office of the Clerk of the Circuit Court of the County of Roanoke, and being as shown on Boundary Survey for Country East LLC by Caldwell White Associates dated 18 November 2003. F~ PROFFERED CONDITIONS KEAGY VILLAGE January 23, 2004 1. Concept Plan: a. The property shall be developed in substantial conformity with the concept plan dated January 22, 2004 made by DMR Architecture, P.L.L.C., subject to those changes that are required by the County during comprehensive site plan review and subject to petitioner's right to relocate or reconfigure the buildings, service areas and parking layouts shown on the concept plan. Building relocation, however, shall not change the overall concept of retail uses oriented toward Route 419 and Keagy Road, and office or residential uses buffering the retail uses from the adjacent residential properties along Keagy Road. b. A nature/walking trail shall be incorporated into the design of the center. It is anticipated that the trail will be located along the edge of the property, where possible, and will provide walking opportunities for users of Keagy Village as well as neighbors by connecting to on-site sidewalks and street crosswalks. 2. All buildings shall be designed to be compatible with one another. All facades of buildings shall be of similar design, compatible materials and similar detailing. 3. Plazas, hardscape, landscaped areas and site amenities shall also be compatible to the established building character and shall include outdoor seating areas, varied paving materials to add contrast and texture, and decorative containers with seasonal landscape. Restaurant tenants will be encouraged to provide outdoor dining areas with tables, chairs and umbrellas. 4. Roofline treatment shall be of compatible design on all buildings. 5. Single, large building masses without articulated facades shall not be permitted. Large walls shall be required to incorporate multidimensional design features, such as, changes in plane, canopies, awnings, dimensional signage, windows, doors, facias, arcades, and changes in texture, material and color or vary in height to add interest. 6. Required screening of service and trash areas shall be with finish materials compatible with the adjacent building. F~ 7. Acceptable building finishes include: a. brick b. wood, vinyl or composite wood substitute lap siding and trim c. glass, with clear glass required in retail storefronts d. stucco or exterior insulated finish system (EIFS) e. stone face colored concrete block f. stone or cast stone g. standing seam metal, copper, composite slate the or asphalt shingle roof 8. The following building finishes are prohibited: a. unpainted or bare metal panels b. 4 x 8 plywood or composite panels c. bare exposed concrete that is not exposed aggregate, hammered, sandblasted or covered with acement-based acrylic coating d. unfinished wood other than cedar, mahogany, teak or redwood. 9. Site Lighting: a. All lighting near the property lines shall be shielded "cut off' types to internalize illumination and avoid spillover to adjacent sites and public roads. b. Sidewalks shall be illuminated with decorative pedestrian-scaled pole or building mounted luminaries. c. Plazas may be illuminated similar to sidewalks but may include additional feature lighting for attractions and outdoor dining. e. Landscape lighting may be employed to enhance site entrance and feature areas. f. No exposed neon or fluorescent lighting shall be permitted. 10. Site Signage: a. Off premises signs (billboards) shall not be allowed on the property. b. The main freestanding multi-sided project identification sign shall be at the comer of Keagy Road and Route 419 and shall be monument style utilizing materials approved as acceptable building materials and shall not exceed 25 feet in height. c. Minor freestanding entrance signs shall be multi-sided monument style and shall not exceed 10 feet in height. d. Tenant signage visible to off-site shall be encouraged to be creative in order to add interest and texture and, in addition to letters, may include logos and images. Projecting blade signs and projecting three-dimensional signs are also encouraged. Box signs, exposed raceways and exposed neon are prohibited. Signage maybe internally or externally illuminated. 2 ~~ 11. Non-specialty drive-in or fast food restaurants and gasoline stations shall not be permitted. Establishments primarily serving specialty foods (such as coffee, baked goods, e.g.) with drive-through windows are not included within this prohibition. Drive-through windows are not permitted directly facing the street unless they are completely screened. 12. The Concept plan indicates offices uses buffering the retail uses from the adjacent residential properties along Keagy Road. Residential use may be substituted for up to 50% of the office square footage as permitted by the Zoning Ordinance. Building configurations, building heights, number of buildings and parking layouts may vary to accommodate the residential substitution. 3 ROANOKE COUNTY Applicants name: Katzn Dezelopment Company DEPARTMENT OF Proposed Zoning: C-2 Existing Zoning: C 1 and R 1 COMMUNITY DEVELOPMENT Tax Map No. 67.18-2- >, 2, 3, 4 -~ ~~ ~ ~~ ~~ ' ~ a~~ ~~ y „ y U ~~~ ~ m ~ g J ary 'e ~.~<~ pp~ yp#~~ aS s i a w ~-ya• ~ AH F ~~ ~~~~ gg ~ ~ ~ , ~ ::w ~ ~ 4~ 3 3 o U .__._ . _...__. _.._ .. __. _. ..._.._.__I ..G'_ bq .-.-_ F-a;. l ~~---~ ~°_~-_ 1 QZ J '. ~. ~'. V z U i 7 CW V _~ ~. `y~ / Y c Wa • 8 4 '~~ <S.s '~~ L-1 ~ ~. i!7 e.~;~~ 1~9~7ej ~7 ~S~i7t 4 g' ~.~ .' . i ^ 1 ~i ~ ~ ~~~ ~ ~ \ ~ \ -c I / ~ `~ I / ~ //// ~\ i :~ , , , A ~ ~ YOIMTIM ROID ~ J -~u ~ ~-~ J ' /' Q ~ ~ ~' \ ~ % ~ 5/7 ~~i~. ~ i _~' ~ I q 1 \ -" - \ \ I ~ ~\ \ I i i, 1~ __ __,- 1 I 1 s i I ~ ~ --- ~ 1 I ' I / ~ ~ ~ ~ / ~ jvj ~i / rn ~.. ^r" / .~ ~ ~ / i ~_:k __ ` L ~ / • 1 ~- ~ -~ ~ SUPPLEMENTAL REZONING PLAN for ~ ~ KEAGY VILLAGE SITUATE ELECTRIC ROAD and KEAGY ROAD ROANOKE COUNTY, VIRGINIA ` DMR ~CWA ~ ~ CALDWELLWHITE ASSOCIATES • SN6INC:C:R9 / 9URVL70RS ~ P[wN7iER8 Aro.lt. etu r. M a.l.r Planning ~ .COO mA006 ~~Ci/U6. M . r.0. DOOC OCOO . RO~l10Q. toMROa CMl7 (uo) aee-aaoo . rte, (eso) aee-s~oe . s-v.u cw~e....t.~~a.awr C ra p A la O..Ip n In~..l.r o..lpn orlwa~n«e.aPUc ~ W ~w MI 9149 Olrti1LL CC 71!01 r. 7w»zau r: wu~t110t nlaouue¢ 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 For Staff Use Onl Date received: Received by: Application fee: ~ PCBZA date: Placards issued: ~ BOS date: Case Number ,• ALL APPLICANTS Check type of application filed (check all that apply) ,, r Rezoning ^ Special Use ^ Variance ^ Waiver ^ Administrative Appeal Applicants name/address w/zip Phone: 540/772-5090 Slate Hill I, LLC , Slate Hill II, LLC, Woodcliff Investments, LLC Work: 540/772-5090 4415 Pheasant Ridge Road Cell #: 540/874-5755 Roanoke, VA 24014 Fax No.: 540/772-0106 Owner's name/address w/zip Phone #: (same as Applicant's information) Work: Fax No. #: Property Location 4486 S i S Magisterial District: Cave Spring umm t treet Roanoke, VA 24014 Community Planning area: Cave Spring Tax Map No.os7.08-03-1 t.oo-0000, 077.20-01-52, Existing Zoning: C2C, C1, R3 077.20-01-54, 077.20-01-04, 077.20-01-55, 077.20-01-03 Size of parcel(s): Acres: C-2C to C-2: 4.92907 Existing Land Use: Vacant C-1 to C-2: 8.0377 R-3 to C-2: 17.01791 TOTAL ACRES: 29.98468 REZONING SPECL4L USE PERMITAND WAIVER APPLICANTS (R/S/VV) Proposed Zoning: C2 Proposed Land Use: Retail and Office Use Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes X No O IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes X No ^ IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes ^ No ^ VARIANCE, WAVER AND ADMINISTRATIVE APPEAL APFLICANTS (i'/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 WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/S/W V/AA It/S/1V V/M II/S/W V/AA Consuhation ® 8 I/2" x I 1"concept plan ® Applicazion fa Application Metes and bomds description ]?offers, if applicable Justification Wazer and sewer application Adjoining property owners I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. Owner's Signature 2 F3 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT OR WAIVER REQUEST Applicant Slate Hill I, LLC , Slate Hill II, LLC, Woodcliff Investments, LLC 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. SEE ATTACHED SHEET Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The Slate Hill Project in the Magisterial District of Cave Spring in Roanoke County is in conformance with the Roanoke County Community Plan. The Community Plan designates the area in question as a core area that includes office and retail uses along Routes 419 and 220. The planned use is in conformance with existing adjacent property uses: Lowe's and Rent-A-Space, and Country Store. The ridge line will not be disturbed, and the owner will take every measure available to retain a portion of the natural vegetation. The project does not impact existing Roanoke County parks or the Blue Ridge Parkway. The land owner has experience developing several quality developments in the Roanoke Valley and Southeast US, including Pheasant Ridge in Roanoke. The project will provide for an opportunity to attract several businesses that will provide for white collar employment opportunities. While increasing employment opportunities for the County, the project will enhance the commercial core of Tanglewood Mall and surrounding businesses. It is the opinion of the property owner, that the Slate Hill project will benefit the County and Mall by attracting retailers to the area. The property, which borders Routes 419 and 220, will be landscaped. Please descnbe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding azea, as well as the impacts on public services and facilities, including water/sewer, roads, schools, pazks/recreation and fire and rescue. The project does not include a residential component which would lead to an increase in school enrollment. The project will increase the tax base of Roanoke County to help make improvements to the fire and police departments and the existing school system. The adjoining property owners are existing businesses who will benefit from the new retail and office traffic: Lowe's, Rent-A-Space, and Country Store. All other land that borders the project is landlocked or owned by an entity related to the property owner. It is the lack of commercial development in the County that has contributed to the County's dependence on real estate taxes to provide needed public services. The property owner has built and leased one hundred and fifty thousand square feet of Class A office space less than one mile from the Slate Hill project and several other office projects across Southeast US. It is this type of project that is best suited for the property in question. It is sound community planning to change the current zoning from an unconforming use, C2C, C1, R3, to a use suitable for the County's commercial corridor and the busiest intersection in the Valley. 3 ~'° 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. The Slate Hill Project encompasses 29.98468 acres in the magisterial district of Cave Spring in Roanoke County of which a small portion needs to be correctly zoned from C2C, C1, R3. The property owner intends to bring to this area a mixed use of retail and office space in a campus-like development by bringing access to vacant landlocked property. The purpose of Roanoke County's zoning ordinance is to supply the citizens of the Cave Spring District and Roanoke County, of which the developer is a member, a high quality of life. Each provision of the ordinance is answered in an outlined form below. 1. Slate Hill will have two points of access. One point of access will be at Route 220, at an existing traffic light at the intersection of Route 220 and Summit Street. The additional entrance will be used from an existing point of business: furniture store. The project is less than five miles from the Clearbrook Fire Department and Rescue Squad. 2. The project will be a planned campus. The road improvements for the project include a carefully planned road system which uses existing traffic patterns and traffic lights. 3. Slate Hill is a planned community development that incorporates all uses in a harmonious manner. The property owner has extensive experience building planned communities throughout Southeastern US and the Roanoke Valley, which includes the Pheasant Ridge complex in Roanoke City. The addition of access to the landlocked properties will open a new area of commercially taxable land that was previously vacant residential property in a highly commercial area. 4. The existing public facilities are adequate to serve this project: Clearbrook Fire and Rescue Squad. The expanded tax base for Roanoke County, as a result of this project, will help support areas of need elsewhere in the County. Currently, the property is vacant and inappropriately zoned, which results in it being of little benefit to the County's citizens. 5. The 29.98468 -acre development does not include any historic structures. 6. The project does not include plans for overdevelopment or crowded density. The owner has experience with projects in the Valley and will take the necessary measures to make sure the project conforms to its neighbors and existing developments in the County. 7. The project will include both office and retail uses. 8. Due to topography and location, the land in question is not suitable for agriculture and it is surrounded by over one million square feet of retail space. Any use at this location other than retail or office would result in under utilization of the properly. 9. The land owner intends to improve the existing property to be a suitable gateway to the County's commercial area. The use of retaining walls will be employed along Route 220 to maintain the slope in an aesthetically pleasing manner and it will include landscaped areas. 10. Thomas Bros. excavating companies will be responsible for the ground disturbance. Thomas Bros. is a local firm with experience in working with the County staff. Also Thomas Bros. was chosen because of their quality of work and experience with large projects. 11. Thomas Bros. excavating companies will be responsible for the ground disturbance. Thomas Bros. is a local firm with experience in working with the County staff. Also Thomas Bros. was chosen because of their quality of work and experience with large projects. 12. The project before the planning commission does not include a residential use. The purpose of C-2 zoning, General Commercial District, is to provide locations for a variety of commercial and service activities in an urban area, which serves a large portion of Roanoke County. The project satisfies this requirement. The area is surrounded by existing retailers: Lowe's, Wal-Mart, Rent-A-Space, Tanglewood Mall, Hunting Hills Square, etc. The immediate area around the Slate Hill development includes over one million square feet of retail space. The project is also located at the busiest intersections in Roanoke County with a traffic count of in excess of 88,000 vehicles daily. There is not a more suitable location for a project of this type in Roanoke County. The adjacent property owners will not be adversely affected by the rezoning of the property in question. The Slate Hill project will increase business for existing retailers and increase their property value. At this time, the neighboring property owners are adversely affected by the current zoning because it is non- conforming and it results in an unattractive environment for retailers. The Slate Hill project will increase the tax base of the County, improve the gateway to the County's commercial corridor, and provide the opportunity for white collar employment. F3 Integra Your Investment Partner. A member of the Roanoke Valley business community ... Integra Investments, LLC, specializes in the design, development, financing, marketing, strategic planning and operation of facilities. The chief executive officer is Mr. James R. Smith. Mr. Smith is a Roanoke native, who attended school in Roanoke and graduated from Virginia Tech. Mr. Smith has been in business since 1983 building communities throughout the Southeastern United States, communities such as, Pheasant Ridge. Pheasant Ridge, located in Roanoke, Virginia, is a 60-acre campus with on-going development since 1997. The campus includes Integra's corporate headquarters in an 184,000-square-foot office park, a 101-bed skilled nursing home, a 90-unit assisted living facility, including a specialized Alzheimer's care unit, and a 128-unit condominium project built in four phases. Phase 3 of the condominium project will be completed in the Spring of 2004. The campus has multiple panoramic views of the downtown Roanoke skyline and the Alleghany Mountains. Mr. Smith has grown his business to be one of the largest development companies in the country, managing more than $30 million new projects annually. These projects include nursing homes, assisted living facilities, medicaUoffice buildings, continuing care retirement communities and mixed use facilities. Integra has been successful because it has provided high-quality, cost-saving development solutions to communities. We have done this by working closely with local community leaders, hospitals, civic groups and families to provide quality services. Over the years we have established solid relationships and have broad-based experience with community agencies. We know the business. Integra's track record speaks for itself. Respectfully, /~~ Hunter D. Smith 4415 PHEASANT RIDGE ROAD, S.W., SUITE 303, ROANOKE, VA 24014 Phone: (540) 772-5090 / Fax: (540) 772-0106 E-mail: hsmithC rev.net ~3 Integra January 23, 2004 Dear Members of the Roanoke County Planning Commission: Your Investment Partner. The Slate Hill Project is an opportunity for the landowner and Roanoke County to work together to build a commercial area in the County in which everyone can take pride. Currently, the property is vacant, under-zoned, and unsightly to everyone who enters the Roanoke County to work, live, and shop: please see attached photo. We can make it better. The landowner, James R. Smith, a Roanoke native, is asking to rezone 29.98468 acres from a vacant residential use to an office and retail center: Slate Hill. The property is located in the core area of the Cave Spring Community Plan and will bring much needed employment to the County. The property's neighbors are retail businesses that total over a million square feet of retail space. Located at the corner of Routes 419 and 220, the Slate Hill property has a traffic count of over 90,000 cars daily. When completed, this $200 million project will generate a minimum of $2,224,000 a year in local tax revenue without placing a burden on public facilities. It will not result in a strain on the school system and be assured that we will not disturb the ridge line. To best serve the County residents, this property needs to be commercial. As we work together, we will build a new neighborhood of service and retail businesses that will make Roanoke County stronger. It is this development that will provide the needed spark to enrich this commercial comdor of the County to a level of higher prosperity. It is sound community planning to support the Slate Hill project as a place for Roanoke County citizens to work and play. We want input from County officials in the initial stages of the project in order to make this a major addition to the economic base of Roanoke County. If you have any questions, I can be reached at 772-5090. I am looking forward to working with you. Respectfully, e~~.~- Hunter Smith HDS/PJ Enclosures 4415 PHEASANT RIDGE ROAD, S.W., SUITE 303, ROANOKE, VA 24014 Phone: (540) 772-5090 / Fax: (540) 772-0106 E-mail: hsmith@rev.net ~- 3 UNSIGHTLY APPROACH INTO ROANOKE ON U. S. ROUTE 220 AT SLATE HILL PROPERTY ~3 SLATE HILL AERIAL F.'~ SLATE HILL'S RETAIL NEIGHBORS (Partial Listing of Retail Within 114 Mile) Retail Center Square Footage Wal-Mart Store at Huntin Hills Plaza 117,573 Huntin Hills Plaza Stri of Stores 47,760 Lowe's 134,641 Pla It A ain S orts 5,973 First National Exchan a Bank 4,284 Outback Steak House 6,465 Food Lion 31,687 Petland and $1.50 D Cleaners 13,740 Tan lewood Mall 393,582 A lebees 22,462 First Union Bank 6,298 Firestone 7,876 Kro er 61,244 Barnes and Noble 25,800 Carmike Cinemas 36,625 Grand Pavilion 98,823 Fashion Floors 12,723 IHOP 5,013 Mac and Ma ies 5,935 Carlos Resturant 5,555 Airlee Cleaners 3,410 Famous Anthon 's 3,100 Wend 's 2,235 Total Retail Square Footage 1,052,804 ~` ~!~~o ~~ ~~,. \' J ~~ ~, Q $o N ~ C ~ N p ~~ ~ c ~~ E Av° ;~~: g~ ~ 3~ ~ ~ y ~ o 3 a N¢ ~ ~`~~ 0 ~o ~ ~ ~ ~ V ^y y ~ ~ 0 ~ o ~ ~ W ~ I a ~~ a ~ a EGG ~a ~ ~ ~ .~ ~ ~ ~~ 0 3Y ~a° A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezoaings, 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 aze proffered and accepted in a rezoning or imposed on I a special use permit or vaziance, 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 the nature of the request. `The County planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS /a. Applicant name and name of development ~ / b. Date, scale and north arrow 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 1 l _ 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 5re hydrants _ p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. I - ~Z J ~ . ate Signatur o applicant 6 F ~ ~ ~ 8 ~WZ 7 . ~ = 2 X 3 l g 3 e i ~ a n ? g ~ ~ ~. n i e ~ i e ^ ~ b R +_ & ~ "a ~ a ~ n ~ - ~ P' ~~ < Q' J ffl 'fad 9Z 'B'd dD NYICIIN311 n ~ .~_ ~ k~ _~ ~ ~~ U ~ ~ a~ a- v y ~N ~ ~ ~ ~~ S{ ~ ~ ~ o e$m rr^^ ~ ~a V ~ V ~. iq~ K ~ ~ > "1NUOh ~~ ~~~ ~ h~ 4 q ~ ~~ 2 '1 Q k Q ~ lV t~ -.y ~ l~ R~ ~ ~~p <NN~C~IUO VO yµ~~ ~oc&y - ~ O Zn.t W~ Wti~x~~ ~~ ~dd~-~4~ Df (~ Q? n~ ti G ~ U y 3 ~~ r, W ~ ~ mg'm~'mgm'~~c~ °~ ^ U o ~ xo ~ vt~ ~ ~~~~~~~~~ o a o Qe .:tiN H ~ N~dr OC ~ VINI~bIA ~3HONdO~ exazuiceo.wsvuco.mocva - WO~'~dN305Wf1'IN7lfdW ~1MN-3 6LObZ VINI7T11A ~3NONVON aui aura ~ Sbb6•Z[L IObS) ~XVd 69902 XOB'O'd S2f3NNV'Trd-52101.3A2!{(,/1S~-TS2133N~~17`JnN~37 ~OS~ --~ a,,,,$ ~cz-eo ,~ „~ ttbb-bLL lOb51 ~3NOHd MS~3f1N3AV N013l8WVi18 b994 .~~ r `S`~.L~I~OSSY 1~l~QSY~L11 ! - 4002 ~EZ AtlVf1NVf ,~iba WO7~dN3O5WfIlN7lIVW ~IIdW 3 BLObt dINI~NN ~3NONVOa VINIJ2lIA ~3NONV0~! sbb6•LLL (0651 ~Xdd 69902 XO8 'O'd S213NNV'lrd-S2lOA3A21f1S~-TS2l33Nt,~[iJN3T Ltbb'bLL 1065) ~3NOHd MS'3f1N3/~V NO1318WVN8 6996 '1 d ~S~:L~ ~~~SS`d 1~L~QS`Y ~Ln' t Ir C t a~ ftt 'Jd '9Z 'B'd ~ ~ ~ ~J ~\ - /( f' ~i- - 1 1 \ 1 \ \ 1 1 ~ \ ~ C+ Y '" .' DM02YL[[0\ W7 V Ut0\COOt\'! ~.~ oar ASl ~.t 'rnoe lLZ-CO .Dh nna~ 4002'82 Atltl(1Ntlf ,~y~D - ^~ ` ~~, \, 7 ~ ,~~ 1 ~~ i "• ~ ~ ~ 7 ~~ ,~ ~~ a ~ ~-~ ~~ ~~. ~~ ~~ S ~ ., ~ _~~~~ ~~ ~~~ e a ~''~~~e a ,0,. \~~\ , e~~ ~@`=r~ ~tltl ~ eaRB~' ~~ ~ i8~~~~ ~ a~~, ~~ ~w~~t ~,~ ~ ~ V ~ Y ~ ~~c t --- ~ _6 -------- ~ C~ '- ---~ _1 ~ ,o ~~ ^---~ ~ .- 1 « -"~, ~' ,c'~ 1$~F~S~ i ~~ Eb~ ~ ~ ``~ e i ' e 1 ~ .'msg. ¢ ~ ,~+ x e`~;~ e~ ~a*~~ ' ~ W V ~Z (.1 ~ "~ tJ a O IY ~~~z~~ ~c ~~WW~Wzc~ W ~ m y~ ~~yA 4 I.{ y Z Q K ~ .~ [Y U ~~ Metes and Bonds of Slate Hill II, LLC to be zoned C-2 from C-2c Total Acreage 4.92907 "nUes not Include Cemetery" Total Acreage including Cemetery 4.96799 North: 9110.86458 Line Course: S 14-28-48 E North: 8822.37677 Liae Course: S 81-09-09 W North: 8791.66174 Line Course: S 62-53-11 W North: 8647.56194 ,~ Line Course: S 74-08-15 W North: 8606.95978 Liae Course: N 78-23-39~:W North: 8608.97197 Line Course: N 28-10-53 W North: 6611.11340 Line Course: N 82-35-47 W North: 8619.97847 Line Course: N 09-32-14 E North: 8623.76189 Line Course: N BO-27-46 W North: 8640.33056 Liae Course: N 80-29-45 W North: 8681.17167 nine Course: N~66-04-OB E North: 9110.86458 East 54537.08498 Length: 297.95 East 54611.58594 Length: 199.70 East 54414.26356 Length: 316.18 East 54132.83397 Length: 148.55 East 53989.94332 Length: 10.00 East 53980.14581 Length: 2.43 East 53976.99846 Length: 68.80 East 53910.77607 Length: 3.84 East 53911.41172 Length: 100.00 East 53812.79388 Length: 247.34 East 53568.84778 Length: 1059.30 East 54537.08498 Perimeter: 2454.08 Area: 216,405.61596 sq. ft. 4.96799 acres page 1 Metes and Bounds of Cemetery «Not to be Rezoned" Total Acreage .03892 • North: 8133.46988 Line Course: S 03-35-02 W North: 8072.22719 Line Course: N 80-12-02;W North: 8077.07905 Line Course: N 03-35-02 E North: 8135.24141 Line Course: S 86-24-58 E North: 8133.46988 Perimeter: 176.49 Are. East 49768.64621 Length: 61.36 East 49764.81033 Length: 28.51 East 49736.71935 Length: 58.28 East 49740.36229 Length: 28.34 East 49768.64621 ~: 1,695.24581 sq. ft. 0.03892 acres ~3 page 1 Metes and Bounds of Woodcliff Investments, LLC to be zoned C-2 from C-1 Total Acreage 8.0377 North: 9867.13546 Line Course: N 54-37-50 W North: 10138.44151 Line Course: N 34-25-SOW North: 10255.65914 Line Course: N 43-35-03 E North: 10489.65009 Line Course: N 53-51-55 E North: 10584.77828 Line Course: S 35-59-02~` E North: 10368.00252 Line Course: N 52-37-55 E North: 10375.34098 Lfne Course: 535-56-05 E North: 10216.18927 Line Course: N 59-55-25 E North: 10279.68178 Line Course: S 34-12-15 E North: 10197.35137 Liae Course: S 13-48-57 E North: 9883.27889 Line Course: S 78-12-28 W North: 9848.69262 Line Course: N 85-46-50 W North: 9867.13546 East 53866.54784 Length: 468.70 East 53484.35324 Length: 142.11 East 53404.00113 Length: 323.03 East 53626.70418 Length: 161.32 East 53756.99140 Length: 267.89 Eaet 53914.39529 Length: 12.09 East 53924.00466 Length: 196.56 East 54039.35875 Length: 126.69 East 54148.99276 Length: 99.55 East 54204.95343 Length: 323.43 East 54282.18971 Length: 169.24 East 54116.52332 Length: 250.65 East 53866.54784 Perimeter: 2541.27 Area: 350,122.42769 sq. ft. 8.03770 acres page 1 Metes and Bounds of Slate Hill I and II, LLC to be zoned C-2 from R-3 Total Acreage 17.01791 North: 8681.17167 Line Course: N 23-21-43 W North: 8879.93582 Line Course: N 22-07-52~W North: 9039.75859 Line Course: N 61-50-50 E North: 9224.57256 Liae Course: N 79-24-46 E North: 9227.16492 Liae Course: N 05-34-1OFE North: 9263.01446 Line Course: N 08-OS-10 E North: 9867.13546 Liae Course: S 85-46-50 E North: 9848.69262 Line Course: N 78-12-28 E North: 9883.27689 Line Course: S 13-46-53 E North: 9864.69732 Line Course: N 78-43-07 E North: 9940.41588 Liae Course: S 19-38-01 E North: 9815.81235 Liae Course: S 78-36-16 W North: 9737.41934 Line Course: S 08-52-15 E North: 9340.53781 Line Course: N 79-24-46 E North: 9357.29967 Line Course: S 14-28-48 E North: 9110.86458 Line Course: S 66-04-08 W North: 8661.17167 Line Course: N 75-57-50 E North: 8681.17167 East 53568.84778 Length: 216.51 East 53482.99147 Length: 172.53 East 53417.99308 Length: 391.70 East 53763.35186 Length: 14.11 East 53777.22105 Length: 36.02 East 53780.71689 Length: 610.19 East 53866.54784 Length: 250.65 East 54116.52332 Length: 169.24 East 54282.18971 Length: 19.13 East 54286.74743 Length: 387.05 East 54666.31877 Length: 132.30 East 54710.77080 Length: 396.77 East 54321.82565 Length: 401.69 East 54383.76776 Length: 91.23 East 54473.44398 Length: 254.52 East 54537.08498 Length: 1059.30 East 53568.84778 Length: 0.00 East 53568.84778 .~ Perimeter: 4602.94 Area: 741,300.31299 sq. ft. 17.01791 acres Integra ~. 3 Your Investment Partner. January 23, 2004 Dear Members of the Roanoke County Planning Commission: The Slate Hill Project will be built in phases. The first phase of the project will be the rough excavation of the site to allow access throughout the property. Thomas Bros. has been retained for this service, and they will be completed by 260 +/- days from January 29, 2004. Once the rough excavation is completed, the project will be built in zones in the order corresponding to the attached concept plan. At this time, a timeline has not been established for the construction of the different zones. Roanoke County will be kept apprised of any new information and timelines. Respectfully, Hunter Smith 4415 PHEASANT RIDGE ROAD, S. W., SUITE 303, ROANOKE, VA 24014 Phone: (540) 772-5090 / Fax: (540) 772-0106 E-mail: hsmithQrev.net - ~ • ~ ~ . . 1 [ _,~ ~ ~~` ~ ,! I - ~ 4,. 1 OYtr~I ss~, ~ N y~,. ~" _ . '~' ^~ ~ ~. .~ ' ~..' 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(.~ - 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: February 24, 2004 First reading of an ordinance approving and authorizing execution of Amendment No. 1 to the Roanoke Valley Regional Cable Television Committee Agreement among the County of Roanoke, the City of Roanoke, and the Town of Vinton Joseph B. Obenshain Senior Assistant County Attorney Elmer C. Hodge ~`~ Roanoke County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On October 28, 2003, the Board adopted a revised Cable Television Franchise Ordinance, Ordinance No. 102803-12, as a component of a new franchise agreement with CoxCom, Inc., d/b/a Cox Communications Roanoke. Virtually identical ordinances were adopted in the same month by the City of Roanoke and the Town of Vinton as part of the franchise renewal process with CoxCom, Inc. Each of these ordinances provided that each jurisdiction affirmed its continued participation in and support of the Roanoke Valley Regional Cable Television Committee (CATV Committee) which had been created by joint agreement of the three jurisdictions in 1992 (RVRCTC Agreement). The existing RVRCTC Agreement now needs to be amended in order to bring it into agreement with the references in the newly adopted Cable Television Franchise Ordinances and the Cable Television Franchise Agreements which each jurisdiction has entered into with CoxCom, Inc. The proposed Amendment t i G-~ No. 1 to Roanoke Valley Regional Cable Television Committee Agreement is attached to this board report and an ordinance is submitted to accomplish these amendments. FISCAL IMPACT: None anticipated. ALTERNATIVES: 1. Adopt the proposed ordinance. 2. Require the CATV Committee to operate under an authorizing agreement which is no longer current. STAFF RECOMMENDATION: Staff recommends Alternative #1, adoption of the proposed ordinance. G-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 24, 2004 ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO THE ROANOKE VALLEY REGIONAL CABLE TELEVISION COMMITTEE AGREEMENT AMONG THE COUNTY OF ROANOKE, THE CITY OF ROANOKE, AND THE TOWN OF VINTON WHEREAS, the County of Roanoke, the City of Roanoke and the Town of Vinton previously entered into a Roanoke Valley Regional Cable Television Committee Agreement dated June 9, 1992, that authorized the Committee to provide for the development, administration, and operation of cable television governmental, educational and institutional facilities and programming on behalf of the three participating jurisdictions; and WHEREAS, the three named jurisdictions have enacted Cable Television Franchise Ordinances effective October 31, 2003, and entered into Cable Television Franchise Agreements, pursuant to those ordinances, with CoxCom, Inc., d/b/a Cox Communications Roanoke; and WHEREAS, the Roanoke Valley Regional Cable Television Committee Agreement needs to be modified to reflect references to the recently adopted Cable Television Franchise Ordinances and Cable Television Franchise agreement mentioned above; and WHEREAS, the first reading of this ordinance was held on February 24, 2004; and the second reading was held on March 9, 2004. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the substance of the terms of Amendment No. 1 to the Roanoke Valley Regional Cable Television Committee Agreement attached to the Board Report for this ordinance is hereby approved and adopted. 2. The Roanoke County Administrator and the Clerk to the Board of Supervisors are hereby authorized, for and on behalf of the County, to execute and attest, respectively, Amendment No. 1 to the Roanoke Valley Regional Cable Television Committee Agreement in a form substantially similar to the one attached to the above mentioned Board Report and as shall be approved by the County Attorney. 3. The County Administrator is further authorized to take such further action and execute such additional documents as may be necessary to implement and administer such Amendment No. 1 to the Roanoke Valley Regional Cable Television Committee Agreement and the underlying Agreement itself. 4. That this ordinance shall be effective from and after the date of its adoption. °~ AMENDMENT NO. 1 TO ROANOKE VALLEY REGIONAL CABLE TELEVISION COMMITTEE AGREEMENT THIS AMENDMENT NO. 1 is dated as of the day of 2003, by and between the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia ("City"); the COUNTY OF ROANOKE, a political subdivision of the Commonwealth of Virginia ("County"); and the TOWN OF VINTON, a municipal corporation of the Commonwealth of Virginia ("Town"). RECITALS WHEREAS, by the Roanoke Valley Regional Cable Television Committee Agreement, by and between the City, the County and the Town dated as of June 9, 1992 (the "Agreement"), the City, the County and the Town authorized the creation of the Roanoke Valley Regional Cable Television Committee (the "Committee:") and authorized that Committee to provide for the development, administration, and operation of cable television governmental, educational and institutional facilities and programming; and WHEREAS, by Ordinance Nos. 36503-10603, 0-102803-12 and 792 effective October 31, 2003, respectively (the "New Ordinances"), the City, the County, and the Town have repealed and superseded Ordinances Nos. 30478-42291, 42391-5, and 545, respectively (the "Ordinances"), with the New Ordinances governing the granting and ~-1 regulation of one or more franchises to construct, operate, and maintain one or more cable television systems within their jurisdictions; and WHEREAS, pursuant to the New Ordinances, the City, the County and the Town have entered into new Cable Television Franchise Agreement with CoxCom, Inc., cUb/a/ Cox Communications Roanoke, effective November 1, 2003 ("New Franchise Agreements"); and WHEREAS, the City, the County and the Town desire, subject to terms set forth herein and in the Agreement, to extend the extra term of the Agreement and the operation of the Committee for the term of the New Franchise Agreements; and WHEREAS, the City, the County and the Town desire to amend the Agreement to accomplish that objective. WITNESSETII THAT FOR AND IN CONSIDERATION of the mutual covenants and agreements contained herein, the parties hereto, pursuant to the provisions of Section 15.2-1300 of the Code of Virginia, 1950, as amended, do covenant and agree to amend the Agreement and extend the establishment and operation of the Committee upon the terms and conditions set forth herein. Section 1. The Agreement is hereby amended as follows: (a) Section I, Telecommunications, of the Agreement is amended by striking "Cable Television Franchise Agreements granted pursuant to the Ordinances by the City, County and Town to Cox Cable Roanoke, Inc., (`Franchise Agreements')" and substituting in its place, "New Franchise Agreements granted pursuant to the New Ordinances." 2 (b) Section II, Establishment and Terms of Members, of the Agreement is amended by (i) striking "Section 11 of the Ordinances" and substituting in its place, "Section 5 of the New Ordinances", and (ii) substituting a copy of Section 5 of the New Ordinances as Exhibit A to the Agreement. (c) Section III, Purpose and Administration, of the Agreement is Amended by (i) striking the reference to "Ordinances" and replacing it with "New Ordinances", (ii) striking all references to "Franchise Agreements" and replacing them with "New Franchise Agreements", and (iii) striking the reference to "Cox Cable Roanoke, Inc." and replacing it with "CoxCom, Inc., d/b/a Cox Communications Roanoke. " (d) Section IV, Financing and Budgets of the Agreement is amended by striking the reference to "Cox Cable Roanoke, Inc." and replacing it with "CoxCom, Inc., d/b/a Cox Communications Roanoke." Section 2. All other provisions of the Agreement shall be unchanged and remain in full force and effect. WITNESS the following signatures and seals: CITY OF ROANOKE By: _ Title: ATTEST By: Title: COUNTY OF ROANOKE ATTEST By: _ Title: By: _ Title: 3 ~-r TOWN OF VINTON By: Title: Approved as to form ATTEST By: Title: By: .~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 24, 2004 ORDINANCE 022404-1 AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR ELECTRIC SERVICE FROM AN EXISTING POWER POLE TO THE NEW DRIVER TRAINING FACILITY AT THE COUNTY'S DIXIE CAVERNS PROPERTY (TAX MAP #63.00-01- 14) IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Roanoke County Police Department, in conjunction with the Roanoke City Police Department, is constructing a driver training facility at the County- owned Dixie Caverns property (Tax Map #63.00-01-14) off Twine Hollow Road in the Catawba Magisterial District; and, WHEREAS, Appalachian Power Company (APCO) requires a right of way and easement for underground and overhead transmission lines on the County's property to extend service to the building at the Driving Center as shown on APCO Drawing No. V- 1425, dated January 16, 2004; and, WHEREAS, the proposed right of way will serve the interests of the public and is necessary for the public health, safety, and welfare of citizens of the County of Roanoke. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on February 10, 2004, and a second reading was held on February 24, 2004. 1 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company for the provision of electrical service in connection with Roanoke County's construction of a driver training facility. 3. That donation to Appalachian Power Company of an easement and right-of- way for underground (15') and overhead (40') transmission lines and related improvements over and across the County's Dixie Caverns property (Tax Map #63.00-01-14) off Twine Hollow Road, to extend service to the building at the new Driving Center as shown on APCO Drawing No. V-1425, dated January 16, 2004, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None 2 A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Ray Lavinder, Chief of Police Paul Mahoney, County Attorney Arnold Covey, Director, Community Development Janet Scheid, Chief Planner 3 ~-}- b PROPOSED PADMDUM TRANSFORA/ER 272-6/03 PROPOSED 15' UG EASEMENT PROPoSED R/SER POLE 272.6/02 PROPOSED POLE 272fii0l EXISTING POLE -----~3V~' OvERHOEPADS EASEMENT 272-2063 0. \ PROPOSED,POLE 2726/00 ROANOKE COUNTY ~ F.fi POLICE SHOOTING RANGE sr~'I'c TAX PARCEL •063.00-01-14.00-0000 ~ • ~ ~~'~'F EXISTING POLE 272-2063 EXISTING POLE 272-2063 EXISTING POLE 272-2065 Tp 71V/~y~r you \ APPALACHIAN POWER COMPANY I cueai ccmu acrinu _ cneunvc v,or_,AUA PROPOSED RIGHT OF WAY ON PROPERTY OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY DRAWN BY: LMA DATE: V16/O4 APP. BY: PAW SCALE: NONE COUNTY OF ROANOKE, VIRGINIA s~ET __?____ oP ___!___. T. D. 665000 MAP SECT. 3780272 83 DRAWING N0. V-1425 EXHIBIT A ACTION NO. ITEM NO. ~ ~-°~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 2004 AGENDA ITEM: Second reading of an ordinance authorizing the conveyance of an easement across County owned property to American Electric Power, Inc. (AEP) for support of the Driver Training Center at Dixie Caverns (Tax Map # 063.00-01-14.00-0000), Catawba Magisterial District. SUBMITTED BY: APPROVED BY: Ray Lavinder Chief of Police Elmer C. Hodge ~l~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Police Department, in conjunction with the Roanoke City Police Department, is constructing a driver training facility on County owned property at 6231 Twine Hollow Road near Dixie Caverns. This property has an existing power line but in order to reach the building at the Driving Center, the power line needs to be extended. This requires the placement of additional power poles and an overhead line. AEP requires that an easement be granted to accomplish this installation. Staffs from the Community Development and the County Attorney's Offices have reviewed the easement documents prepared by AEP and are in support of this initiative. FISCAL IMPACT: The two Police Departments have committed funds ($6,780) for the installation of the electric power line to the Driving Center classroom. There is no additional fiscal impact to the County for this easement. ALTERNATIVES: ~- i Adopt the proposed ordinance authorizing the County Administrator to execute the necessary documents for conveyance of the easement as shown on Exhibit A attached. 2. Purchase, install, and maintain a stand alone gas powered generator to provide electricity to the facility. Based on projected use, this option is not considered by staff as an acceptable or viable solution. STAFF RECOMMENDATION: Staff recommends Alternative #1; granting of the easement to AEP. +~ - i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 24, 2004 ORDINANCE AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR ELECTRIC SERVICE FROM AN EXISTING POWER POLE TO THE NEW DRIVER TRAINING FACILITY AT THE COUNTY'S DIXIE CAVERNS PROPERTY (TAX MAP #63.00-01-14) IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Roanoke County Police Department, in conjunction with the Roanoke City Police Department, is constructing a driver training facility at the County- owned Dixie Caverns property (Tax Map #63.00-01-14) off Twine Hollow Road in the Catawba Magisterial District; and, WHEREAS, Appalachian Power Company (APCO) requires a right of way and easement for underground and overhead transmission lines on the County=s property to extend service to the building at the Driving Center as shown on APCO Drawing No. V- 1425, dated January 16, 2004; and, WHEREAS, the proposed right of way will serve the interests of the public and is necessary for the public health, safety, and welfare of citizens of the County of Roanoke. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on February 10, 2004, and a second reading was held on February 24, 2004. 1 ~ ~ ~~ I 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Appalachian Power Company for the provision of electrical service in connection with Roanoke County's construction of a driver training facility. 3. That donation to Appalachian Power Company of an easement and right-of- way for underground (15') and overhead (40') transmission lines and related improvements over and across the County's Dixie Caverns property (Tax Map #63.00-01-14) off Twine Hollow Road, to extend service to the building at the new Driving Center as shown on APCO Drawing No. V-1425, dated January 16, 2004, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. 2 ~ ! : r~ I PROPOSED PADMOUNT TRANSFORMER 2727.6/03 7~77~~7~ ~~%7J~!>~//7T/T/: PROPOSED 15' UG EASEMENT PROPOSED RISER POLE 272.6/02 PROPOSED POLE 272-6/OI EXISTING POLE ~ ~ PROPOSED 40' 272-2063 O~ OVERHEAD EASEMENT \ % ~2Pt~ D POLE ROANOKE COUNTY ~.F-~/s POLICE SHOOTING RANGE l/1•c TAX PARCEL •063.00-01-14.00-0000 °~y • ~/'1'F EXISTING POLE 272-2063 EXISTING POLE 272-2063 EXISTING POLE 272-2065 ro ~'iNE yo~~ ' ~.~ APPALACHIAN POWER COMPANY CHARLESTON REGION - ROANOKE, VIRGINIA PROPOSED RIGHT OF WAY ON PROPERTY OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY DRAWN BY: LMA Dorf: 1/16/04 APP. BY: PAW SCALE: NONE SHEET __~____ Of ___~____ COUNTY OF ROANOKE, VIRGINIA T. D. 665000 MAP SECT. 3780272 B3 DRAWING N0. V-1425 F.I~IBIT A ~ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 24, 2004 ORDINANCE 022404-2 AUTHORIZING QUIT-CLAIM AND RELEASE OF A PORTION OF A 30' WATER 8< SEWER EASEMENT CONVEYED TO THE COUNTY IN DEED BOOK 1411, PAGE 17, AND SHOWN IN PLAT BOOK 15, PAGE 143, AND NOW LYING WITHIN THE BOUNDARIES OF MONTAGUE WAY, CREATED BY SUBDIVISION PLAT OF WEXFORD, PHASE III, IN PLAT BOOK 18, PAGE 125, IN THE WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, in order for Montague Way to be accepted into the state secondary road system, the Virginia Department of Transportation (VDOT) requires that the right- of-way be free and clear of any third party rights or encumbrances; and, WHEREAS, VDOT requires quit-claim and release to the Commonwealth of Virginia of all existing easements within the boundaries of Montague Way, namely a 30' water 8~ sewer easement, conveyed to the Board of Supervisors of Roanoke County, Virginia, from Robert Lawrence Ridgway, et als, by deed of easement dated April 14, 1993, and recorded in the Clerk's Office of the Circuit Court of Roanoke County in Deed Book 1411, page 17, and shown on the referenced plat recorded in Plat Book 15, page 143; and, WHEREAS, Montague Way was created by subdivision plat for Wexford, Phase III, recorded in Plat Book 18, page 125, and the subject water and sewer easement now lies within the boundaries of Montague Way; and, WHEREAS, it will serve the interests of the public to have Montague Way accepted into the state secondary road system and this release, subject to the issuance of a permit and other conditions, will not interfere with other public services and is acceptable to the affected Roanoke County departments. 1 ~ ~ ~ f THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on February 10, 2004, and the second reading was held on February 24, 2004. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be released are hereby made available for other public uses by conveyance to the Commonwealth of Virginia for acceptance of Montague Way into the state secondary road system by the Virginia Department of Transportation (VDOT). 3. That quit-claim and release to the Commonwealth of Virginia of that portion of a 30' water & sewer easement, conveyed to the Board of Supervisors of Roanoke County, Virginia, from Robert Lawrence Ridgway, et als, by deed of easement dated April 14, 1993, and recorded in the Clerk's Office of the Circuit Court of Roanoke County in Deed Book 1411, page 17, shown on the referenced plat recorded in Plat Book 15, page 143, now lying within the boundaries of Montague Way as created by subdivision plat for Wexford, Phase III, recorded in Plat Book 18, page 125, and being further shown on Exhibit A attached hereto, is hereby authorized subject to the following conditions: a. VDOT issuance of a permit for the water and/or sewer lines or pipes, and any related appurtenances or facilities. b. The facilities located within the 40-foot right-of-way for Montague Way, as shown on the above-referenced plats, may continue to occupy the street or highway in the existing condition and location. 2 c. This release is for so long as the subject section of Montague Way is used as part of the public street or highway system. 4. That the subject portion of easement is not vacated hereby and shall revert to the County in the event of abandonment of the street or highway. 5. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None A COPY TESTE: ~~ ~ ~ • l ~I~dQ~,~ Diane S. Childers Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Paul Mahoney, County Attorney I hereby certify that the foregoing is a true and correct copy of Ordinance 022404-2 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, February 24, 2004. Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors 3 • LB n d6 °-~d' yd" k , E%HIBIT A L9 v S~+'-5' :~" i,' L10 d~ 83°31.3+" W LI1 Y 58 °? '?' 32° F; L1? . 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J` ~Q'A .Rm ~ ~ o.~v ? +C ~ba ~ ~ ~ds.~$ ` 3s.~b' a'S ~cF ~e'n ~~~ _ i `''.:~°~' ,~" ") ~ ~' X13 ~D ~~ ~'. ° ~ `~ ' ~~ ,~!! ,'$~i~ ''?r' ~~ . ~~ $ ~~: ,, ~, ~ i `~ '•~' ~ 20~ ~ ~t9 ~, '~~ 0 ~` r5 C25 S~SFB°D7'4Ft'"~-' q '' ~ 5 n~ .30-,•` ~' I9 ~ 'rfi ..~ . ~"5 ~ ^ytij5t8°pfi'~f ' 3N ~ ~ ~" ~!'~- ~i GS `0. 2`~°~~$j1 ~ ~,: ~~ y1D~"s'`~' fj~~ '~ ,[Q~ $;aji~•>~--- - it p f~ 3~ 1 yy __/' ~ ¢, ~'~." ~~~ ~v , tl ~t•~ O. ~~~ ~9°SO'45'w • ~" ~~' o q '~ ~ ~ .,.~ f Q `~ ~' ~' _ _10'_ ~ 11 C3~ ~ t {7 {,j 4 °` 6 oti~~ ~ ~ ~ _ _ `> 1tiT• ~'`T 7 `° .~.y .~`~ "~~' ~ a~ take-' o`at; • e,.; -. ~ s: x- : a ~ ~b ~.r ~ °31 -t ~ V "~ ~-.~ ~+ ~ f +~` ~ ~lfL LUTS !IV T'N1S UBaN~~1yiV ~ 6' °,3 -$8 ~.~jy~~ ~ D ~ ~ ~' - V ~~ PRf.SSURE ,E'E~l/ClRl~ ro •s ~~ } ~ ~~ s f /~}$f•'~~~o ~~ ~ .', 30' W, R & SEWER SUSDNlSfDl+i PEAT OF ~u~ ~ . ,~ o S ~ ~ '$~ ,~ \ ~ ~ ~ ~ ~. f _ ~!' r. M _ ' ..? . ~ {'' fir" ,~ ~ r_'. .... e . EASEMENT TO BE QIIIT- ~~~~ cr~n~n • • PHASE III OWNED BY WEXFORQ OF R0.4NUKE, lNC. WINDSOR HILLS MAGiSTERt1~L ~DlS~'RICT RC;7ANQl4E COUhIT`f, 1!!RGlNlA FEBRi.lARY 13, 1995 JOB NUMBER 93195--2 ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 2004 AGENDA ITEM: Second reading of an ordinance authorizing the quitclaim and release of a portion of a 30 ft. water and sewer line easement lying within the boundaries of Montague Way, created by subdivision plat of Wexford, Phase III, in Plat Book 18, Page 125, Windsor Hills Magisterial District SUBMITTED BY: Arnold Covey Director of Community Development APPROVED BY: Elmer C. Hodge ~N County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The petitioner, Wexford of Roanoke, Inc., is the developer of Wexford Subdivision, Phase III. The original easement was acquired by deed, recorded in Deed Book 1411, Page 17. The easement is recorded for the 24" water main line that was installed prior to the construction of the subdivision. In February 1995, Wexford of Roanoke, Inc. received approval to construct Phase III of the Wexford Subdivision. When built, the 30 ft. water and sewer line easement, described above, crossed through Montague Way. In order for Montague Way to be accepted into the State Secondary Road System, the Virginia Department of Transportation (VDOT) requires that the right-of-way be free and clear of any third party rights or encumbrances. The quitclaim and release of the above portion of water and sewer line easement to the Commonwealth of Virginia would be subject to VDOT issuing a permit for such facility and the condition that the facilities located within the 50 ft. right-of-way of Montague Way may continue to occupy the street in the existing condition and location. The release would be for as long as the subject section ~}. a of Montague Way is used as part of the public street or highway system. However, said easement would not be vacated by the Board and would revert to the County in the event Montague Way is ever dropped from the State Secondary Road System. The Utility Department is in agreement with this request. FISCAL IMPACT: The developer, Wexford of Roanoke, Inc., shall be responsible for all fees associated with the quitclaim and release of the easement. ALTERNATIVES: 1. Adopt the proposed ordinance authorizing the County Administrator to execute the necessary documents for quitclaims and release of the existing 30' water and sewer line easement with the boundaries of Montague Way. 2. Decline to adopt the proposed ordinance, which would result in Montague Way remaining a private road. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors adopt the proposed ordinance as provided in Alternative 1. i~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 24, 2004 ORDINANCE AUTHORIZING QUIT-CLAIM AND RELEASE OF A PORTION OF A 30' WATER & SEWER EASEMENT CONVEYED TO THE COUNTY IN DEED BOOK 1411, PAGE 17, AND SHOWN IN PLAT BOOK 15, PAGE 143, AND NOW LYING WITHIN THE BOUNDARIES OF MONTAGUE WAY, CREATED BY SUBDIVISION PLAT OF WEXFORD, PHASE III, IN PLAT BOOK 18, PAGE 125, IN THE WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, in order for Montague Way to be accepted into the state secondary road system, the Virginia Department of Transportation (VDOT) requires that the right- of-way be free and clear of any third party rights or encumbrances; and, WHEREAS, VDOT requires quit-claim and release to the Commonwealth of Virginia of all existing easements within the boundaries of Montague Way, namely a 30' water & sewer easement, conveyed to the Board of Supervisors of Roanoke County, Virginia, from Robert Lawrence Ridgway, et als, by deed of easement dated April 14, 1993, and recorded in the Clerk's Office of the Circuit Court of Roanoke County in Deed Book 1411, page 17, and shown on the referenced plat recorded in Plat Book 15, page 143; and, WHEREAS, Montague Way was created by subdivision plat for Wexford, Phase III, recorded in Plat Book 18, page 125, and the subject water and sewer easement now lies within the boundaries of Montague Way; and, WHEREAS, it will serve the interests of the public to have Montague Way accepted into the state secondary road system and this release, subject to the issuance of a permit and other conditions, will not interfere with other public services and is acceptable to the affected Roanoke County departments. 1 ~-a THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on February 10, 2004, and the second reading was held on February 24, 2004. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be released are hereby made available for other public uses by conveyance to the Commonwealth of Virginia for acceptance of Montague Way into the state secondary road system by the Virginia Department of Transportation (VDOT). 3. That quit-claim and release to the Commonwealth of Virginia of that portion of a 30' water & sewer easement, conveyed to the Board of Supervisors of Roanoke County, Virginia, from Robert Lawrence Ridgway, et als, by deed of easement dated April 14, 1993, and recorded in the Clerk's Office of the Circuit Court of Roanoke County in Deed Book 1411, page 17, shown on the referenced plat recorded in Plat Book 15, page 143, now lying within the boundaries of Montague Way as created by subdivision plat for Wexford, Phase III, recorded in Plat Book 18, page 125, and being further shown on Exhibit A attached hereto, is hereby authorized subject to the following conditions: a. VDOT issuance of a permit for the water and/or sewer lines or pipes, and any related appurtenances or facilities. 2 ~-~ b. The facilities located within the 40-foot right-of-way for Montague Way, as shown on the above-referenced plats, may continue to occupy the street or highway in the existing condition and location. c. This release is for so long as the subject section of Montague Way is used as part of the public street or highway system. 4. That the subject portion of easement is not vacated hereby and shall revert to the County in the event of abandonment of the street or highway. 5. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. 3 . ~- F E%HIBIT A L9 V 7=~'-j' ;~" is L10 2i $3°31'34" W 'I L11 Y 68 °~ 2' 32°' W L1? ~t 36'33' ZI`r W J L13' ~ ti 19°~9' S4" W I L14 ~ N 10°4$' S2" E L15 ~ ?~ 19°22' 19" W i H-a try r,,~k04s„ , .~~~~c c3',, ..,,r .. .L1=WIS SAMUEL ROAGEI...~-•n--- ~d. ~ ~ ~ \~ ~~ Z ~ 9 f It S 28 , Pd G 72 ~ ~ ~ ~~ i o ,~y,-- ~ ~~ , s~ ~ ~C3h17Jtd~~~t~hl t~F \ ~ ~,.0 gyp' ~~` ``'ti,, o r :. ° . , ~7;P~1~ Ss~l~-4ER. .~ ~ a ~~~, ~ 4iaa iii. S3~' ° 7 , ~ ~~, ~ ~; ~ •. !v#flfet~lfsFM~f+T~" A~EA~ ~~ ~~~• ~ •- ` ~~~ ti "Ob~L x1` ` ~~~•~~~Q/r /4 '~'~•tG$J~JrOt.7~'3t~"~-"'- !2 ~ y0' ~ ~~°~' as ~ ~' ~Q o~t4 ~'~, /\Q' G' ~` ~m 30 ' oo i v ~"' ~' 'Jds.'~$ ` 3s.ft• .as ~cy~ '' ~,yt k~ " ~.4r ~. ~ ,~~' \ ~-~ ~'~ vfl "~~ ~ fh '~ ~ tQ ~; ";-pu:6. ~5.oa'` ~ GZ ~ n.,: p ~ r' ts~ ,,3p ~` "~; ~D `t9 ~ ~'v~ ..~ ' -*~14i81t°Ot?'~,t "W ~,.' ~ $.'• .g'~; G ~~ G$~;,,~ 2a~o.~ $'~~ ~~'~.~}a. ~\\ 1"Ip ~`o~ ~J~,~~ .~~ S~~SI~--- /~ p ~~ jn t ,y ~` ~,~ ate' ..ti6 .,; C2 ~ ~~~~~~ ,~ ~~.~.=-tc~k-2'R ~ ~ f ~ ~ ~ ~° (i! ` j ,., ~ ~ ",?w Q~~~ `' f 12 -k?'_ ~ /1 C> ~ ~t ~C7 {~ 4 ~~-~r~~ •~~ - _: ali'f t`i't, t ~' r~°~`~'~ o"' ~~ ~"' `~ t~' taz2~- o, i,... r5`PU~I ~° - ~ 4 ~'~'~ ~' 23'- ` - ~ ° t ~5~ ~~ '~Y /~ ~ ~ i ~~s ~~ Dy 1N1(T~G~ r r / ~~/ ~Z~~'-j C L' ' - } ,~~ ~ IY~V /LLLinrs rN r>~rs ~aonrrsr~r { - °3~_T ~ ~~~r 7I:~ ' i Df ~ ~ /,~ Plt'E~SURE ,,2EDY/Clti~~; to ~ `-C } }$i• 'S~®~ 13 .' 30 ` WATER. ~ SEWER SUHDfV1St©N PLAT OF ,.~ o $ ~~ /-~a.~ - . ~~~ ~ ~ ~ ~ - .~-: l-- • EASEP.SENT TO BE QIIIT- ,WE3~FURD CI.AIl~:D PHASE III • AWNED BY WEXFOR© Ot= Rp.4NC3KE, iNC. iNINOSQR HILLS MAGiSTERiAL DlSTRIGT R{7ANQKE Ct~UNTY> 1tlRGlN1A F1=t3 P."tlA;~Y 13, 1995. JOB NUMBER 93799-2 a ACTION NO. ITEM NO. ~ ~ ~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: February 24, 2004 Appointments to Committees, Commissions and Boards Diane S. Childers Clerk to the Board Elmer C. Hodge ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. BOARD OF ZONING APPEALS (Appointed by District) Rodney W. McNeil, Cave Spring Magisterial District, has accepted an appointment to the Roanoke County Planning Commission. His five-year term will expire on June 30, 2004. 2. CAPITAL IMPROVEMENT PROGRAM ADVISORY COMMITTEE The one-year term of the late Lee B. Eddy, who represented the Windsor Hills Magisterial District, expires on August 31, 2004. Budget Director Brent Robertson has recommended waiting to fill this vacancy until the appointment expires since the CIP review process is nearing completion at this time. 3. CLEAN VALLEY COUNCIL The two-year term of the late Mr. Eddy will expire on June 30, 2005. Mr. Eddy served as the Board liaison to this committee. 4. GRIEVANCE PANEL The three-year term of alternate member Karen Ewell will expire on October 28, 2006. At the February 10, 2004 meeting, Ms. Ewell was appointed to serve as a member of the grievance panel. Ms. Beth Anderson, a former member of the panel, has been contacted and has indicated her willingness to serve as an alternate. 5. LEAGUE OF OLDER AMERICANS ADVISORY COUNCIL The one-year term of Beverly Eyerly will expire on March 31, 2004. 6. ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION The three-year term of the late Mr. Eddy will expire on June 30, 2004. Mr. Eddy served as a citizen representative on the commission. 7. ROANOKE VALLEY AREA METROPOLITAN PLANNING ORGANIZATION COMMUNITY ADVISORY COMMITTEE The late Mr. Eddy served on this committee without a term limit. The County has three representatives on this Committee and the Board is asked to appoint a citizen and/or representative of the community, business, education, health care or civic interests rather than staff members. 8. SOCIAL SERVICES ADVISORY BOARD Mary Jane Pattisall, Cave Spring Magisterial District, and Patricia W. Thompson, Hollins Magisterial District, have resigned from the Social Services Advisory Board. These four-year terms expire on August 1, 2005. 2 ~ ~ ~'a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 24, 2004 RESOLUTION 022404-3 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 February 24, 2004, 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 10, inclusive, as follows: 1. Approval of minutes -February 10, 2004 (Joint Meeting) and February 10, 2004 (Board Meeting) 2. Confirmation of committee appointments to the Building Code Board of Adjustments & Appeals (Fire Code Board of Appeals) and Grievance Panel 3. Request from Police Department to accept and appropriate two Department of Motor Vehicle grants in the amount of $1,500 and $750 to be used to purchase non-flammable roadway flares for use during DUI checkpoints 4. Request from schools to accept and appropriate estimated Medicaid revenues of $40, 000 5. Resolution of appreciation upon the retirement of Phyllis W. James, Social Services Department, after thirty-one years of service 6. Request to accept donation of drainage easements along Chukar Drive and Crossbow Circle in connection with residential construction on Lot 1, Block 3, Section 4, Hunting Hills, Cave Spring Magisterial District 7. Request to accept the donation of certain real estate for entrance improvements to the Vinton Business Center from the Church of Jesus Christ of Latter-Day Saints, Vinton Magisterial District 1 r 8. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $34,639.50 from the Virginia Department of Health for the purchase of an ambulance 9. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $34,500.00 from the Virginia Department of Emergency Management for the continuation of Community Emergency Response Team (CERT) training 10. Request to approve donation of Fire and Rescue vehicle to the Troutville Volunteer Fire Department That the Clerk to the Board is hereby authorized and directed where required bylaw to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None A COPY TESTE: 111, ~D~l~Q~ Diane S. Childers Clerk to the Board of Supervisors cc: File Ray Lavinder, Chief of Police Sergeant Tim Lisk, Grant Coordinator Rebecca Owens, Director, Finance Dr. Patricia Radcliffe, Director, Special Education & Pupil Personnel Services Dr. Linda Weber, Schools Superintendent Brenda Chastain, Clerk to School Board Rebecca Owens, Director, Finance Vickie Huffman, Senior Assistant County Attorney Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Paul Mahoney, County Attorney William Driver, Director, Real Estate Valuation Doug Chittum, Director, Economic Development Richard Burch, Chief, Fire and Rescue 2 ~ . • '~ +- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 24, 2004 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J -CONSENT AGENDA f 'mil BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for February 24, 2004, 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 10, inclusive, as follows: 1. Approval ofminutes -February 10, 2004 (Joint Meeting) and February 10, 2004 (Board Meeting) 2. Confirmation of committee appointments to the Building Code Board of Adjustments & Appeals (Fire Code Board of Appeals) and Grievance Panel 3. Request from Police Department to accept and appropriate two Department of Motor Vehicle grants in the amount of $1,500 and $750 to be used to purchase non-flammable roadway flares for use during DUI checkpoints 4. Request from schools to accept and appropriate estimated Medicaid revenues of $40,000 5. Resolution of appreciation upon the retirement of Phyllis W. James, Social Services Department, after thirty-one years of service 6. Request to accept donation of drainage easements along Chukar Drive and Crossbow Circle in connection with residential construction on Lot 1, Block 3, Section 4, Hunting Hills, Cave Spring Magisterial District 7. Request to accept the donation of certain real estate for entrance improvements to the Vinton Business Center from the Church of Jesus Christ of Latter-Day Saints, Vinton Magisterial District 8. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $34,639.50 from the Virginia Department of Health for the purchase of an ambulance 1 ~ ~~~ ~ 9. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $34,500.00 from the Virginia Department of Emergency Management for the continuation of Community Emergency Response Team (CERT) training 10. Request to approve donation of Fire and Rescue vehicle to the Troutville Volunteer Fire Department That the Clerk to the Board is hereby authorized and directed where required bylaw to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. 2 v ACTION NO. A-Q22404-3.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: February 24, 2004 AGENDA ITEM: Confirmation of committee appointments to the Building Code Board of Adjustments & Appeals (Fire Code Board of Appeals) and Grievance Panel SUBMITTED BY: APPROVED BY: Diane S. Childers Clerk to the Board Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At the February 10, 2004 meeting, the following nominations were made: Building Code Board of Adjustments ~ Appeals (Fire Code Board of Appeals) Supervisor Wray nominated Thomas A. Darnall to serve an additional four-year term which will expire on January 22, 2008. Grievance Panel Supervisor McNamara nominated Karen Ewell, currently serving as an alternate, to serve a three-year term which will expire February 23, 2007. STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed. a VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved Yes No Abs Mr. McNamara ® ^ ^ Mr. Church ® ^ ^ Mr. Wray ® ^ ^ Mr. Altizer ® ^ ^ Mr. Flora ® ^ ^ cc: File Building Code Board of Adjustments & Appeals (Fire Code Board of Appeals) Grievance Panel 2 a ACTION NO. ITEM NO. ~~-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 2004 AGENDA ITEM: Confirmation of committee appointments to the Building Code Board of Adjustments & Appeals (Fire Code Board of Appeals) and Grievance Panel SUBMITTED BY: APPROVED BY: Diane S. Childers Clerk to the Board Elmer C. Hodge ~y~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At the February 10, 2004 meeting, the following nominations were made: Building Code Board of Adjustments & Appeals (Fire Code Board of Appeals) Supervisor Wray nominated Thomas A. Darnall to serve an additional four-yearterm which will expire on January 22, 2008. Grievance Panel Supervisor McNamara nominated Karen Ewell, currently serving as an alternate, to serve a three-year term which will expire February 23, 2007. STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed. Y . ACTION NO. A-022404-3.b ITEM N0. J-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 2004 AGENDA ITEM: Request to accept and appropriate two Department of Motor Vehicle grants in the amounts of $1,500 and $750 to be used to purchase non-flammable roadway flares for use during DUI checkpoints. SUBMITTED BY: APPROVED BY: James R. Lavinder Chief of Police Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Police Department conducts 6 to 10 DUI checkpoints per year. They are 4 hours in duration and require adequate warning for the motorists to react and slow to a stop. Currently, flammable road flares are used to provide the warning. This usually requires 25 to 35 thirty minute flares to be used. Due to events associated with operating a checkpoint for 4 hours, approximately 400 road flares are used. This burning pollutes the air and surrounding environment, as well as leaving an unsightly mess of ashes. To save money, reduce officer exposure to the smoke, and to help protect the environment, the idea was submitted - as a pilot project to DMV - to purchase battery powered road flares. The item to be purchased is referred to as a battery powered ground flare that uses LED technology. The use of LED lights allows useable light for 50 hours per set of batteries. DMV has provided this grant to assist us in implementing the pilot project. FISCAL IMPACT: None. _„ ~ ~ ALTERNATIVES: None. There is no alternate funding available. STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of two Department of Motor Vehicle grants in the amounts of $1,500 and $750. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved Yes No Abs Mr. McNamara ® ^ ^ Mr. Church ® ^ ^ Mr. Wray ® ^ ^ Mr. Altizer ® ^ ^ Mr. Flora ® ^ ^ cc: File Ray Lavinder, Chief of Police Sergeant Tim Lisk, Grant Coordinator Rebecca Owens, Director, Finance 2 ACTION NO. ITEM NO. ~'-'~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 2004 AGENDA ITEM: SUBMITTED BY: Request to accept and appropriate two Department of Motor Vehicle grants in the amounts of $1,500 and $750 to be used to purchase non-flammable roadway flares for use during DUI checkpoints. James R. Lavinder Chief of Police APPROVED BY: Elmer C. Hodge ~~, County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Police Department conducts 6 to 10 DUI checkpoints per year. They are 4 hours in duration and require adequate warning for the motorists to react and slow to a stop. Currently, flammable road flares are used to provide the warning. This usually requires 25 to 35 thirty minute flares to be used. Due to events associated with operating a checkpoint for 4 hours, approximately 400 road flares are used. This burning pollutes the air and surrounding environment, as well as leaving an unsightly mess of ashes. To save money, reduce officer exposure to the smoke, and to help protect the environment, the idea was submitted - as a pilot project to DMV - to purchase battery powered road flares. The item to be purchased is referred to as a battery powered ground flare that uses LED technology. The use of LED lights allows useable light for 50 hours per set of batteries. DMV has provided this grant to assist us in implementing the pilot project. FISCAL IMPACT: None. s ~s ~~ ALTERNATIVES: None. There is no alternate funding available. STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of two Department of Motor Vehicle grants in the amounts of $1,500 and $750. ~, ACTION NO. A-022404-3.c ITEM NO. J-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 2004 AGENDA ITEM: Request from schools to accept and appropriate estimated Medicaid revenues of $40,000 SUBMITTED BY: Dr. Patricia Radcliffe Director of Special Education and Pupil Personnel Services APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Schools has started billing for direct services rendered to Medicaid eligible students. The 2003-2004 estimated revenue is $42,000. The costs associated with and the certification requirements of current personnel have increased due to Medicaid standards. The total appropriation request is $40,000. Included in the request are licensure costs ($4,500); equipment costs ($20,500); and staff development costs ($15,000). FISCAL IMPACT: An increase in federal revenues of $40,000 and a corresponding increase in expenditures of the same amount are recommended for Board consideration. ALTERNATIVES: None 1 t STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of estimated Medicaid revenues of $40, 000. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved Yes No Abs Mr. McNamara ® ^ ^ Mr. Church ® ^ ^ Mr. Wray ® ^ ^ Mr. Altizer ® ^ ^ Mr. Flora ® ^ ^ cc: File Dr. Patricia Radcliffe, Director, Special Education & Pupil Personnel Services Dr. Linda Weber, Schools Superintendent Brenda Chastain, Clerk to School Board Rebecca Owens, Director, Finance 2 t, ACTION NO. ITEM NO. ~~ ~-~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: February 24, 2004 Request from schools to accept and appropriate estimated Medicaid revenues of $40,000 Dr. Patricia Radcliffe Director of Special Education and Pupil Personnel Services Elmer C. Hodge ~~l County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Schools has started billing for direct services rendered to Medicaid eligible students. The 2003-2004 estimated revenue is $42,000. The costs associated with and the certification requirements of current personnel have increased due to Medicaid standards. The total appropriation request is $40,000. Included in the request are licensure costs ($4,500); equipment costs ($20,500); and staff development costs ($15,000). FISCAL IMPACT: An increase in federal revenues of $40,000 and a corresponding increase in expenditures of the same amount are recommended for Board consideration. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of estimated Medicaid revenues of $40,000. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 24, 2004 RESOLUTION 022404-3.d EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF PHYLLIS W. JAMES, SOCIAL SERVICES DEPARTMENT, AFTER THIRTY-ONE YEARS OF SERVICE WHEREAS, Phyllis W. James was first employed by Roanoke County on October 1, 1971, as a social worker by the Social Services Department, and also worked as Senior Social Worker, Eligibility Worker, Senior Employment Services Worker and A.S.K. Instructor for the Parks, Recreation & Tourism Department; and WHEREAS, Ms. James retired from Roanoke County on February 1, 2004, after thirty-one years of full-time and part-time employment; and WHEREAS, Ms. James consistently prepared her clients for self-sufficiency by seeking financial, mental health, and employment resources to assist them with self- exploration, work skills development, and employment training; and WHEREAS, Ms. James positively influenced the lives of her adult clients and the foster care children she worked with throughout the years, many of whom still contact her for advice or just to keep in touch; and WHEREAS, Ms. James, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. 1 c ~ ACTION NO. ITEM NO. J -GJ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 2004 AGENDA ITEM: Request for approval of resolution of appreciation upon the retirement of Phyllis W. James, Social Services Department, after thirty-one years of service SUBMITTED BY: Brenda J. Holton Deputy Clerk to the Board APPROVED BY: Elmer C. Hodge ~N County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Human Resources Department has notified us that Phyllis W. James retired on February 1, 2004. They have advised us that Ms. James has requested that her resolution be mailed to her. STAFF RECOMMENDATION: It is recommended that the Board approve the attached resolution and direct the Deputy Clerk to mail it to Ms. James 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, FEBRUARY 24, 2004 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF PHYLLIS W. JAMES, SOCIAL SERVICES DEPARTMENT, AFTER THIRTY-ONE YEARS OF SERVICE WHEREAS, Phyllis W. James was first employed by Roanoke County on October 1, 1971, as a social worker by the Social Services Department, and also worked as Senior Social Worker, Eligibility Worker, Senior Employment Services Worker and A.S.K. Instructor for the Parks, Recreation & Tourism Department; and WHEREAS, Ms. James retired from Roanoke County on February 1, 2004, after thirty-one years of full-time and part-time employment; and WHEREAS, Ms. James consistently prepared her clients for self-sufficiency by seeking financial, mental health, and employment resources to assist them with self- exploration, work skills development, and employment training; and WHEREAS, Ms. James positively influenced the lives of her adult clients and the foster care children she worked with throughout the years, many of whom still contact her for advice or just to keep in touch; and WHEREAS, Ms. James, 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 PHYLLIS W. JAMES for thirty-one years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. 2 ACTION NO. A-022404-3.e ITEM NO. J-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 2004 AGENDA ITEM: Request to accept donation of drainage Chukar Drive and Crossbow Circle i residential construction on Lot 1, Block 3, Hills, Cave Spring Magisterial District SUBMITTED BY: Vickie L. Huffman Senior Assistant County Attorney APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: easements along n connection with Section 4, Hunting This consent agenda item involves acceptance of the following easements conveyed to the Board of Supervisors for drainage purposes in connection with the residential construction on Lot 1, Block 3, Section 4, Hunting Hills Subdivision in the Cave Spring Magisterial District of the County of Roanoke: • Donation of a drainage easement, twenty feet (20') in width, across Lot 1, Block 3, Section 4, Hunting Hills, along Chukar Drive and Crossbow Circle, from Jackson Associates, Ltd. of Virginia (Instrument No. 200302957; Tax Map No. 87.08-02-20), or from the contract purchaser Michael L. Winberry and Carey A. Winberry, as shown on a plat prepared by Lumsden Associates, P.C., dated May 6, 2003, a copy of which is attached hereto as Exhibit A. • Donation of a drainage easement; twenty feet (20') in width, across a lot located at the intersection of Crossbow Circle and Crossbow Court, adjoining Lot 1, Block 3, Section 4, Hunting Hills, from R & J Enterprises, LLC (Instrument #200201858; Tax Map No. 88.05-01-01.01) as shown on a plat prepared by Lumsden Associates, P.C., dated May 6, 2003, a copy of which is attached hereto as Exhibit A. The location and dimensions of these easements have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of these easements. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved Yes No Abs Mr. McNamara ® ^ ^ Mr. Church ® ^ ^ Mr. Wray ® ^ ^ Mr. Altizer ® ^ ^ Mr. Flora ® ^ ^ cc: File Vickie L. Huffman, Senior Assistant County Attorney Arnold Covey, Director, Community Development Janet Scheid, Chief Planner 2 ~~ ~-b' • ~. • dXri/E Ter.~r F CURVE RADIUS LENGTH TANGENT CHORD BEARING OE1TA C1 300.A0' 193.54' 100.27' 190.20' S 2338 55' W 36'57'50' C2 300.00' 124.60' 63.21' 123.71' S 3073'55° W 2347'50' C3 300.00' 68.94' 34.62' 68.79' S 1145'00' W 13'10'00' C4 30.00' 28.41' 15.37 27.36' S 3278'00' W 54"16'00' ON ~ V~ z"=z Q°-c~o ^~W Wm~~n g a x/ s/ / ~~ 1k ~ , R~ Z6~' O~j~.~P c~J 1~yg9 ~,~ Q~ . ~ NEW 20' D.E:~ ~OZD TAX x'8805-01-01.01 ~ ~ ~ R do J ENTERPRISES, LLC INSTRUMENT ,200201858 1 TAX ,f(87.08-02-20 D~ JACKSON ASSOCIATES, LID OF VIRGINIA LOT 1, BLOCK 3, SECTION 4 HUNTING HILLS '_> INSTRUMENT ,{200302957 NEW 20' D.E. ~~ •~ . \4 a . NJ D3 906p D ~ ' 6Dp'% 10 L / `' 59 ~~ a _`~`. R~5 RI`s ~~~ TAX X87.08-02-19 °+ JIMMY C. & FANNIE L IMLDER LOT 2, BLOCK 3, SECTION 4 HUNTING HILLS D.B. 1634, PG. 1422 MA~ 7 2003 r~'G~ TIMOTHY ~ ~~ L PLAT SHOWING NEW 20' DRAINAGE EASEMENT BEING GRANTED TO COUNTY OF ROANOKE FOR PUBLIC USE BY R & J ENTERPRISES, LLC AND JACKSON ASSOCIATES, LTD OF VIRGINL4 SITUATED ALONG CNUKAR DR. & CROSS80W CR. CAVE SPRING MAGISTER/AL DISTRICT ROANOKE COUNTY. VII~GIlVIA NOTES: 1) IH1S PLAT IS BASED ON A CURRENT FlE1D SURVE}: 2) )HIS PLAT WAS PREPARED W1IHOUT THE BENEFlT OF A CURRENT il1LE REPORT AIVD 1HERE MAY EXIST ENCUMBRANCES WHICH AFFECT INE PROPERTY NOT SHOWN HEREON. 3) THE INTENT OF IH1S PLAT IS TO CREATE A NEW 20' DRAINAGE EASEMENT ACROSS 1HE PROPERIY OF R do J ENTERPRISES LLC AND JACKSON ASSOCATES LID OF VIRGINIA AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. DATE: MAY 6, 2003 LUMSDEN ASSOCIATES, P.C. scnLE: ENGINEERS-SURVEYORS-PLANNERS ~" = 50' ROANOKE, VIRGINIA COMM. NOa 03-045 :4664 BRAMBLETON AVENUE PHONE: (540) 774-4411 CADD FILE: P.O. BOX 20669 FAX: (540) 772-9445 F:\2003\03046\9UR\03045EP.DWG ROANOKE, VIRGINIA 24018 E-MAIL: MAIL(a?LUMSDENPC.COM 58 s~s\ ` ~ ~~ EX. 20' SANITARY/ ,~ SEWER EASEME T G O~ DS U~ ~~'~~ ~ ~" LEGEND D9 ~ ~ P.B. PLAT BOOK ~ D.B. OEED BOOK ~ ~ D.E ORA/NAGS ASExlENT " C.1 .£F. SQUARE FEET AG ACRES N R/W RIGHT-OF-WAY o ° u.~ unurY EAS~ovr c~ ' D E ACROSS NEW 20 . . TAX #87.08-02-20 LINE BEARING DISTANCE D1-D2 N 30 34'00` W 5.00' D2-D3 N 5926'00° E 35.30' D3-D4 N 23 26'56" E 131.46' D4-D5 N 10'04'24" E 16.15' 05-D8 S 7140'00° E 20.21' DS-D9 N 10 04'24" E 15.59' D9-010 S 2326'56" W 114.77 010-D1 S 5926'00" W 62.45' ~ 3 UZ4 S.h. - u.yoa HG. 1 NEW 20' D.E. ACROSS TAX #88.08-O1-01.01 LINE BEARING DISTANCE D5-D6 N 10 04'24" E 119.09' D6-D7 N 58 50 20" E 26.60' D7-D8 S 10'04'24" W 139.53' D8-D5 N 7140'00" W 20.21' 2, 586 S F. - 0.059 AC. F.~HIBIT A .- ~ -~. ACTION NO. ITEM NO. T°~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 2004 AGENDA ITEM: Request to accept donation of drainage easements along Chukar Drive and Crossbow Circle in connection with residential construction on Lot 1, Block 3, Section 4, Hunting Hills, Cave Spring Magisterial District SUBMITTED BY: APPROVED BY: Vickie L. Huffman Senior Assistant County Attorney Elmer C. Hodge G~/y' County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves acceptance of the following easements conveyed to the Board of Supervisors for drainage purposes in connection with the residential construction on Lot 1, Block 3, Section 4, Hunting Hills Subdivision in the Cave Spring Magisterial District of the County of Roanoke: Donation of a drainage easement, twenty feet (20') in width, across Lot 1, Block 3, Section 4, Hunting Hills, along Chukar Drive and Crossbow Circle, from Jackson Associates, Ltd. of Virginia (Instrument No. 200302957; Tax Map No. 87.08-02-20), or from the contract purchaser Michael L. Winberry and Carey A. Winberry, as shown on a plat prepared by Lumsden Associates, P.C., dated May 6, 2003, a copy of which is attached hereto as Exhibit A. ,r .,, ~"' W Donation of a drainage easement, twenty feet (20') in width, across a lot located at the intersection of Crossbow Circle and Crossbow Court, adjoining Lot 1, Block 3, Section 4, Hunting Hills, from R & J Enterprises, LLC (Instrument #200201858; Tax Map No. 88.05-01-01.01) as shown on a plat prepared by Lumsden Associates, P.C., dated May 6, 2003, a copy of which is attached hereto as Exhibit A. The location and dimensions of these easements have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of these easements. v.1 '~, Cl/RVE TAB E CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA Cf 300.D0' 193.54' 100.27' 190.20' S 2338 55' W 36'7 50' C2 300.00' 124.60' 6321' 123.71' S 3073'55' W 23'47'50' C3 30Q00' 694' 34.62' 68 79' S 1145'00' W 1370'00' C4 30.00' 28.41' 15.37' 27.36' S 3278'00' W 5476'00' ~pN~eF z~'~z Q~~,o ~~~W ~m~y 4 ~ j / L pJ~ 5 a~~ao ~~~~ ~ ~~ / ~0~ 1k / 0~5~ ~ ~ ~~' ; 59a r,4' PR . 6 NEW 20' D.E.1' ~.y02~ TAX ~f68.05-Of-01.01 y, ~ R do J ENTERPRISES, LLC INSTRUMENT ,200201858 TAX X87.08-02-20 JACKSON ASSOCIATES, LID OF VIRGINIA LOT 1, BLOCK 3, SECTION 4 HUNTING HILLS INSTRUMENT ,{200302957 NEW 20' D.E.~ TAX f6B7.08-02-19 ~: JIMMY C. & FANNlE L WILDER LOT 2, BLOCK 3, SECTION 4 HUNTING HILLS D.B. 1634, PG. 1422 MAC ~ Za~3 ~~'G~ 11MOTHY ~ ~HQ L ~f '6~ . -~ O_ N, / p~ ~41~, ~,~`~„' ~0~~ RIB ~ ~~ PLAT SHOWING NEW 20' DRAINAGE EASEMENT BEING GRANTED TO COUNTY OF ROANOKE FOR PUBLIC USE BY R & J ENTERPRISES, LLC AND JACKSON ASSOCL4TES, LTD OF VIRGINIA SITUATED ALONG CHUKAR DR. & CROSSBOW CR -CAVE SPRING MAGISTERIAL DISTRICT ROANOKE' COUNTY, VIRGINIA NOTES: 1) THIS PLAT IS BASED ON A CURRENT FlELD SURVEY. 2) THIS PLAT WAS PREPARED WITHOUT THE BENEFlT OF A CURRENT TITLE REPORT AND (HERE MAY EXIST ENCUMBRANCES WHICH AFFECT THE PROPERTY NOT SHOWN HEREON. 3) TNf INTENT ~ THIS PLAT IS TO CREATE A NEW 20' DRAINAGE EASEMENT ACROSS THE PROPERTY OF R & J ENTERPRISES,. LLC AND JACKSON ASSOCIATES, LTD OF VIRGINIA AND DOES NOT CONSIINIE A BOUNDARY SURYEI: DATE: MAY 6, 2003 LUMSDEN ASSOCIATES, P.C. scALe: 1" = 50' ENGINEERS-SURVEYORS-PLANNERS NOKE VIRGINIA RO COMM. NO.: , A ERHIBIT A Q3-045 4664 BRAMBLEiON AVENUE PHONE: (540) 774-4411 CADD FILE: F:\2003\03045\SLIR\0304bEP.DWG P.O. BOX 20669 FAX: (540) 772-9445 ROANOKE, VIRGINIA 24018 E-MAIL: MAIL@LUMSDENPC.COM N 00 o^ 5a s~~ y ~~ ~~ ,~ ' / EX. SANITARY 20 ~, SEWER EASEMENT G ,sue' / ~1 4~ / V~ ~`~~ ~ ~' ~ ~ ~ LEGEND ~ P.B. PLAT BOOK D.B. OEED BOOK O PG PACE a ~ O.E. ORA/NAGS EASEMENT SF. SQUARE FEET AG ACRES R/W RIGHT-OF-WAY U.E. UAVTY EASEMENT NEW 20' D.E. ACROSS TAX #87.08-02-20 LINE BEARING DISTANCE D1-D2 N 3034'00" W 5.00' D2-D3 N 5976'00" E 35.30' D3-D4 N 2376'56" E 131.46' D4-D5 N t D'04'24" E 16.15' D5-D8 S 7140'00" E 20.21' D8-D9 N 1004'24" E 15.59' D9-D10 S 2376'56" W 114.77' D10-Df S 5976'00" W 62.45' 3,024 S.F. - 0.069 AC. NEW 20' D.E. ACROSS TAX #88.08-O1-01.01 LINE BEARING DISTANCE D5-D6 N 1004'24" E 119.09' D6-D7 N 5830'20" E 26.60' D7-D8 S 1004'24" W 139.53' 08-DS N 7140'00" W 20.21' 2, 586 S F. - 0.059 AC. ACTION N0. A-022404-3.f ITEM N0. J-7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 2004 AGENDA ITEM: Request to accept the donation of certain real estate for entrance improvements to the Vinton Business Center from the Church of Jesus Christ of Latter-Day Saints, Vinton Magisterial District SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the acceptance of the following real estate for entrance improvements to the Vinton Business Center in the Vinton Magisterial District conveyed to the Board of Supervisors of Roanoke County, Virginia: Donation of 0.263 acres, together with 0.031 acres for a permanent storm drainage easement, and also together with a temporary construction easement of 0.176 acres, and 0.761 acres for use as a temporary work space and to allow for necessary grading during any phase of construction of the proposed right-of-way, from William H. Cragun as President of the Roanoke, Virginia, Stake of the Church of Jesus Christ of Latter-Day Saints (DB1187, page 1656); Tax Map No. 71.07-1-26.01 as shown on a plat prepared by David A. Perfater, L. S. dated 12/6/01, revised 12/19/01, 4/29/02, and 1 /30/04. STAFF RECOMMENDATION: Staff recommends acceptance of the donation of this real estate and that the County Administrator, or Assistant County Administrator, be authorized to execute such documents as may be necessary to accomplish this acceptance. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved Yes No Abs Mr. McNamara ® ^ ^ Mr. Church ® ^ ^ Mr. Wray ® ^ ^ Mr. Altizer ® ^ ^ Mr. Flora ® ^ ^ cc: File Paul Mahoney, County Attorney Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William Driver, Director, Real Estate Valuation Doug Chittum, Director, Economic Development 2 ~~ J L ~~ J -~ ~o S 3 L ,1 MERIDIAN VA NAD 83 SOUiH ZONE • ~ U ~o Z U ~ 5 Z e kk3, 0 o E o OmN ~ ~ <~ Z==- ` O aZn ~ a ~4 000 ~ nw~ NWO p j Z 1 OW m Q wo o " ~ m j ~ K~ W o~ ZG ~ ~ ~s Nn \\\ ~ g o 1 ~ N LLO 4 s Z > ~ Z Q NW QO 0 ~ ~N OZ ~ ~ ~° [7 ~W 6'CK U w Z Wf /I NI ~ m ~ ~ ~O ~ OC S °z° w ~ Z J m M H ~w ~azozM 1 d' z~~ 2 v ~° ~ ~ ' O < ~~y{ ~°"= _Y ~, U Q~ ICI zZ 3 ~Z~ w~~ pj 7 W ~ o~ Y 1 w a ~ ~ 1 O ~ ~ V D LC 0 ~ Z N ~~ ~ ~ U O ~ Q z 3 O ~ i O~"p~ ~ ~ 1-F-Z tag Ht- ~ 3o I Q ~' 3 ~ ° o Ou_a ~ ZZ 2 W Z f7 Y~ ¢< fZW p W 07 R' ~ OZ O N 1 iD n a 3 a~' ~ a ~A~n 3jNVwia ~W ~~ ~ OVA Wo 1 r- x° ~ ~~ c>W 0 e ~ n o , o Z a 1 za ~ d ~ ~t gF-(/! ~KWjp~ W ~Y ~ ~~~ ° a~w~ wo w~ ~ 3y o NO d' NOm O¢¢OZ O ~ ~ O~~ ~ i }- N W V ~¢~~a~~ 0 1 ~~ c7 ro n @ °' ~'~N a = ~ U g ~ c i ~a~~=~'j .n ~Z g ~s~ w Z ~ ¢oa ~i o o k' [I(\~.~ \ m 0 \\\yW / pC Dry LE ° ~ry. /4~ ~y 3 u `c Qa ~\ zN o o F o ~° M~ ~o r ~`~tA 41 ^ _. O m S1 d i 5 z c~ N s~ Y z? o I ~~ 0 0 ~~ zo 0 ~aa 0 ~~N ' 7 O O U U W F- u~ 3 ~o ~ v W W c~ ~ ~ ~ ~ Y . ~ 4 ~ 1 y O O V < (ZZ>y~~ U ~ ~ ~ B . W .... .~ ...,.. ..~... ..-... .. _... ,..._......_........... .. N FFZ-- Y ,. ~ N Q ~ Wao ~3Q zap _a ~ ~ i ACTION NO. ITEM NO. ~-r~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 2004 AGENDA ITEM: Request to accept the donation of certain real estate for entrance improvements to the Vinton Business Center from the Church of Jesus Christ of Latter-Day Saints, Vinton Magisterial District SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the acceptance of the following real estate for entrance improvements to the Vinton Business Center in the Vinton Magisterial District conveyed to the Board of Supervisors of Roanoke County, Virginia: Donation of 0.263 acres, together with 0.031 acres for a permanent storm drainage easement, and also together with a temporary construction easement of 0.176 acres, and 0.761 acres for use as a temporary work space and to allow for necessary grading during any phase of construction of the proposed right-of-way, from William H. Cragun as President of the Roanoke, Virginia, Stake of the Church of Jesus Christ of Latter-Day Saints (DB1187, page 1656); Tax Map No. 71.07-1-26.01 as shown on a plat prepared by David A. Perfater, L. S. dated 12/6/01, revised 12/19/01, 4/29/02, and 1 /30/04. STAFF RECOMMENDATION: Staff recommends acceptance of the donation of this real estate and that the County Administrator, or Assistant County Administrator, be authorized to execute such documents as may be necessary to accomplish this acceptance. '~. Q a }tea F O Z U ~' 5 Z I - H J f~ MER~VA NAD 83NAD 83 SOUTH ZONE -T }}}}yy O m O M m O r O1 N C ed` I a01 `ap o m0 I m W .' U .- p ~ o ~=~n 0 Lj U u ~ ilx Q ~ ~° o ~+ r n~ O U o\y~\Yz o~ ~ I~ ~ q r~ L~ '^ o 0 ~ oQ ~~~ M ~ n / ~~ n w e ` ,~ U U % Z ' ~=J J I l m ~ ~\ !~ ~ ~-\ ~ o. -~~ NO ~~ __ ~~~ ^m ... Q ~~~ I ` %o o \N oQ „~ aYx( a w o'c'~m o y^ 3,, a~U Cmlo Ze ~ N • ~~ O p o~~~U' >004< gQ~ Gy u~^~m eM0 U ~ ^ NM °~ ~p h ~»m n rj N o Ego ~~ I ~ ~ ors a. e~r C 3~ ~ `-_ i. Q n W Za ~N c1 f O QZI~ Q ~ ~< •^N < p 1 M (n ~~~ M WO O r ZW ' -O Y¢ O \\\ Oi M ~_ ~ ~ ~N ~~~O q a~ //wYY W OJ l N S O O N ~~ ~ W Z F a Z 0 >O >O > S O ~ Z h-~ a~ oU ono O ,~,,°O-o U r ff ~ ~ W ~ W W ~ ~ ~ v W a U mm~"~N F- U ~D~ W r7 ~i Z~ O oz ~ 2 U ~ O ZW W r 7W ~dZOaM 'O ~ T~~ ZV ~ a O W W 7 < LL 3 F Y K .- O Q^U I° I NZ 3 Z u ~O ~U( W ~o ~ O N O Y WW U a >- f a O Z ¢W = ~~~ UrzU pf ~¢~o~ ~g< ¢m v~p Y Z O Q ~ ~~o¢ ~ oaa ~ oz¢ =a~~F c~ zz 3o f a ~ ~ O ~ b o ° _ ~ ZWZ_ ~Q~~ZW w aw ~ ° 3f^ ~,W I r ~ ~_ ~ ~`~ b N r o _ , - 3 ao~~ a i v of ODU Woo ~~~ ~Z u~ n ~ ~ ~ w z ~wZ r^~~ az ¢ ~ i s ^ o o SHN W~~~~p p W moo. ~Y W Jq ~ Z -- p r a W 0 Zw4 ~0 ~ 3N < N ~ i ~ Vlpm 02 2Z~ O~WOQ FOF-- U X .. F f-~VI x~ ~UW Ui ~ . ~ a ~2 Q W N ~ W ~ ~ M 66 I d N ~. 3 ia~ nfv ~w~Wa~i ~ .tl ~gn .~ v>aUr-xa W z g ~~~ ~i ~ w ~ y O 4Za ~ ¢ f 1 o ~\ / m 0 o F A ~~ON / m ~4~~h. 4 '\ .C ti 3 v o` s~ZN O O iF O~ m h / ~~ (Q .~ a 0 ~o r ~~~ , O~ ~~~ / O ~ _ae_ _..___._. .._ _._._. ~~ZttA 4 ~qg 14 O ~.1 a F < 6 o ~ a Q z S€ Y <j p LL Y op U Zp 0 ~ 1 oao 0 ~ ~ N 7 O O U U W K U O ~ Q W ~ ~ ~~ ~ Y 4~ , j p < U yZ~ V W O _ .. ~~ Y N W m ~ W K U a LL W<O ~3< zao _a ~ ~ ACTION NO. A-022404-3.g ITEM NO. J-8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 2004 AGENDA ITEM: Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $34,639.50 from the Virginia Department of Health for the purchase of an ambulance SUBMITTED BY: Richard E. Burch Jr. Fire and Rescue Chief APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Department of Health, Office of Emergency Medical Services, awarded the Fire and Rescue Department a 50/50 matching grant totaling $34,639.50 to purchase an ambulance. The ambulance will be utilized as a front run Advanced Life Support ambulance replacing an older ambulance. FISCAL IMPACT: The department has budgeted funds for the 50% match that the State requires for the grant. ALTERNATIVES: None t STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of grant funds in the amount of $34,639.50 from the Virginia Department of Health to the Fire and Rescue Department. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved Yes No Abs Mr. McNamara ® ^ ^ Mr. Church ® ^ ^ Mr. Wray ® ^ ^ Mr. Altizer ® ^ ^ Mr. Flora ® ^ ^ cc: File Richard Burch, Chief, Fire and Rescue Rebecca Owens, Director, Finance 2 ~~ ACTION NO. ITEM NO. - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: February 24, 2004 Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $34,639.50 from the Virginia Department of Health for the purchase of an ambulance Richard E. Burch Jr. Fire and Rescue Chief Elmer C. Hodge E~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Department of Health, Office of Emergency Medical Services, awarded the Fire and Rescue Department a 50/50 matching grant totaling $34,639.50 to purchase an ambulance. The ambulance will be utilized as a front run Advanced Life Support ambulance replacing an older ambulance. FISCAL IMPACT: The department has budgeted funds for the 50% match that the State requires for the grant. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of grant funds in the amount of $34,639.50 from the Virginia Department of Health to the Fire and Rescue Department. --~ ACTION N0. A-022404-3.h ITEM NO. J-g AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 2004 AGENDA ITEM: Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $34,500.00 from the Virginia Department of Emergency Management for the continuation of Community Emergency Response Team (CERT) training SUBMITTED BY: Richard E. Burch, Jr. Fire and Rescue Chief APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION• Roanoke County Fire and Rescue, in cooperation with the American Red Cross and other localities in the region, has participated in the implementation for the Community Emergency Response Team (CERT) training in the past year. A total of 207 citizens have graduated during the current round of training. The acceptance and appropriation of these funds will allow future classes to be funded which will allow for an additional 200 citizens to complete the course. The CERT initiative is designed to prepare citizens to help themselves and others during times of catastrophic events until emergency responders can arrive. FISCAL IMPACT: The program is fully funded through grant monies appropriated to Fire and Rescue. No matching funds are required; however, staff time is necessary to the successful completion of the classes. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of $34,500.00 in grant funds from the Virginia Department of Emergency Management to the Fire and Rescue Department. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved Yes No Abs Mr. McNamara ® ~ ~ Mr. Church ® ~ ~ Mr. Wray ® ~ ~ Mr. Altizer ® ~ ~ Mr. Flora ® ~ ~ cc: File Richard Burch, Chief, Fire and Rescue Rebecca Owens, Director, Finance 2 ACTION NO. ITEM NO. J - q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 2004 AGENDA ITEM: Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $34,500.00 from the Virginia Department of Emergency Management for the continuation of Community Emergency Response Team (CERT) training SUBMITTED BY: Richard E. Burch, Jr. Fire and Rescue Chief APPROVED BY: Elmer C. Hodge ~j~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Fire and Rescue, in cooperation with the American Red Cross and other localities in the region, has participated in the implementation for the Community Emergency Response Team (CERT) training in the past year. A total of 207 citizens have graduated during the current round of training. The acceptance and appropriation of these funds will allow future classes to be funded which will allow for an additional 200 citizens to complete the course. The CERT initiative is designed to prepare citizens to help themselves and others during times of catastrophic events until emergency responders can arrive. FISCAL IMPACT: The program is fully funded through grant monies appropriated to Fire and Rescue. No matching funds are required; however, staff time is necessary to the successful completion of the classes. 1 ~r~ ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of $34,500.00 in grant funds from the Virginia Department of Emergency Management to the Fire and Rescue Department. ACTION NO. A-022404-3.i ITEM NO. J-10 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 2004 AGENDA ITEM: Request to approve donation of Fire and Rescue vehicle to the Troutville Volunteer Fire Department SUBMITTED BY: Richard E. Burch, Jr. Chief of Fire and Rescue APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Fire and Rescue purchased a 1990 Chevrolet Suburban for emergency response use by the Battalion Chief. Once the vehicle reached 100,000 miles, it was re- assigned to Bent Mountain station as a utility vehicle. This vehicle endured major usage before being taken out of service at 142,000 miles. Currently this vehicle has been marked for surplus due to the mileage and mechanical condition. Recently, the Fire and Rescue Department received a request from Troutville Volunteer Fire Department to consider the donation of this vehicle to their organization. They fully understand that the vehicle is not is perfect condition and that the mileage has exceeded 100,000 miles. They agree to take possession of the vehicle in "as is" condition. Roanoke County Fire and Rescue would like to request approval to proceed with the donation of the 1990 Chevrolet Suburban to the Troutville Volunteer Fire Department. FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends approval of the donation of the 1990 Chevrolet Suburban to the Troutville Volunteer Fire Department in "as is" condition. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved Yes No Abs Mr. McNamara ® ^ ^ Mr. Church ® ^ ^ Mr. Wray ® ^ ^ Mr. Altizer ® ^ ^ Mr. Flora ® ^ ^ cc: File Richard Burch, Chief, Fire and Rescue Rebecca Owens, Director, Finance 2 ACTION NO. ITEM NO. J -Ib AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: February 24, 2004 Request to approve donation of Fire and Rescue vehicle to the Troutville Volunteer Fire Department SUBMITTED BY: Richard E. Burch, Jr. Chief of Fire and Rescue APPROVED BY: Elmer C. Hodge ~~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: ~,~y,,,~,,,,~ SUMMARY OF INFORMATION: Roanoke County Fire and Rescue purchased a 1990 Chevrolet Suburban for emergency response use by the Battalion Chief. Once the vehicle reached 100,000 miles, it was re- assigned to Bent Mountain station as a utility vehicle. This vehicle endured major usage before being taken out of service at 142,000 miles. Currently this vehicle has been marked for surplus due to the mileage and mechanical condition. Recently, the Fire and Rescue Department received a request from Troutville Volunteer Fire Department to consider the donation of this vehicle to their organization. They fully understand that the vehicle is not is perfect condition and that the mileage has exceeded 100,000 miles. They agree to take possession of the vehicle in "as is" condition. Roanoke County Fire and Rescue would like to request approval to proceed with the donation of the 1990 Chevrolet Suburban to the Troutville Volunteer Fire Department. FISCAL IMPACT: None ALTERNATIVES: None ^... STAFF RECOMMENDATION: ~~~~ Staff recommends approval of the donation of the 1990 Chevrolet Suburban to the Troutville Volunteer Fire Department in "as is" condition. 1 L ACTION NO. ITEM NO. L- ((q-~~ 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: February 24, 2004 Request to schedule the following public hearings on March 9, 2004 for citizen comment: (1) Setting the Real Estate, Machinery and Tools, and Personal Property Tax Rates (2) "Effective" Tax Rate Increase Due to Reassessments (3) General Comment on Upcoming FY2004-2005 Budget Brent Robertson Director of Management & Budget Elmer C. Hodge ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Staff would like to hold three (3) public hearings at the March 9, 2004 Board of Supervisors meeting to hear citizen comment on the items listed below: (1) Tax Rates These rates will be advertised at $1.12 per $100 of assessed value for real estate, $3.00 per $100 of assessed value for machinery and tools, and $3.50 per $100 of assessed value for personal property. These rates represent no change over current year's rates. To comply with legal requirements, advertisements of these rates will appear in the Roanoke Times on 2/24/04 and 3/2/04. (2) "Effective" Real Estate Tax Rate Increase State code mandates that when reassessment of real property in a locality results in a real estate revenue increase of 1 % over the previous year, the locality must either reduce the tax rate, so that the revenues are no more than 101 % of the previous year's or hold a public hearing indicating an "effective" real property tax increase. This advertisement will appear in the Roanoke Times on March 2, 2004. i L-i~~t~ (3) General Comment: FY2003-2004 Budget Consistent with past practices, the Board has expressed a desire to hold a public hearing to elicit "general" comment on the upcoming annual budget early in the development process. This hearing gives citizens the opportunity to express their priorities and concerns for the Board to consider during formulation of the upcoming budget. This advertisement will appear in the Roanoke Times on March 2, 2004. GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA of General Amount Fund Revenues Prior Report Balance $8,977,656 6.60% Addition from 2002-03 Operations 1,483,629 Audited Balance at June 30, 2003 10,461,285 July 1, 2003 Explore Park Loan Repayment 25,000 February 10, 2004 Presidential primary for 2004 (24,180) Balance at February 24, 2004 10,462,105 7.69% Changes below this line are for information and planning purposes only. Balance from above $10,462,105 $10,462,105 7.69%~ 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 Approved By Rebecca E. Owens Director of Finance Elmer C. Hodge ~ County Administrator ~~~ N-a CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Audited Balance at June 30, 2003 $360,172.56 Transfer from Department Savings 2002-03 274,972.00 Remaining funds from completed projects at June 30, 200: 419.66 10/28/2003 Equipment and software for electronic records managemei (73,057.00) system for Clerk to the Board of Supervisor's Office 10/28/2003 Reimbursement from Water Fund for debt service paymen 11,000,000.00 made related to Spring Hollow Reservoir 2/10/2004 Addition to the Bent Mountain Library (28,057.00) Balance at February 24, 2004 $11,534,450.22 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge ~"/~ County Administrator N-3 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 July 22, 2003 Reserve towards Project 50 Capital Campaign August 12, 2003 Appropriation for debris removal and stablilization December 16, 2003 Appropriation for Office Support Specialist in the Clerk to the Board of Supervisor's Office Balance at February 24, 2004 (10,000.00) (5,000.00) ~ (15,000.00) (15,000.00) $54,747.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge ~~ County Administrator tM~ 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 February 24, 2004 Reserved for Future School Operations $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 original 2002-03 Budget July 1, 2003 Transfer to Operating in original 2003-04 Budget Balance at February 24, 2004 $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 ACTION NO. February 24, 2004 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 -January 2004 Rebecca E. Owens Director of Finance ITEM NO. N - ~j Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors $ - $ - $ 4,484,706.52 Payroll 1 /2/2004 916,491.33 157,309.94 1,073,801.27 Payroll 1/16/2004 788,756.14 128,807.52 917,563.66 Payroll 1/30/2004 829,087.87 144,451.18 973,539.05 Manual Checks - 3,711.28 3,711.28 Voids - _ Grand Total $ 7,453,321.78 ~ ._ ~.o _ , 0 N _ C R .C .~ L_ 6J O C R O a O i C 7 O V ~_ z o LL ~O M f~ [~ Vl V'1 N [~ l~ ~ M ~ N ~ ~ O 00 00 d' ~ N V1 W ~ O V1 00 C OC I~ C N ~ C ~ V l~ ~ •- W V1 V) 00 M 00 O M d W ~fl h M ~ O N ^ O Vl 00 I~ ~ V1 N O N M O Vl ~ Q`, C^ ie ai O 01 -~' O ~O N V N M N a, a1 ~ ~ N ^ ^ D` O ~ t` W V 00 ~O V M M vi Jr vl N vl ~ ~ G/ ~ V V V'1 Vl V't Vl M ~ V~ Vl Vl 1~ ~ ~ Vl V N O ~O V1 M C Vl N M /J rrl ~ ~ ~ 'O ^ N ^ M N > c¢ ~ L ~ C~ :d :J ~D ^ ~D N l~ ^ L~ M o0 ~ a, O M W 00 01 N l~ 0 a1 7 ' 01 v1 N ~O o ^ O~ oo V N vl ~ r ~ M t` [~ t` M ~ V N N 4\ V O t` ~ M O ~ N ~ ^' W t` 00 ~ oo ~ O1 ~ D\ d' D\ ~ vl <Y ~ N ~O ~ ^ O V l~ ~ ! n M 00 ^ ^' ~ M l~ V N ^ ~ a1 V M ~ ~O M O ~ N ~ N ~ M V co M 01 N d N D\ W o0 l~ .-• Oi N ^ ~ M 01 M M ~O t~ O t` t` N oo O t` ~ ~ vi ~ t` ^ ~ O ^ ~ ~ O M O 01 O~ O ~--~ --~ 00 l~ N ~ ~ ~ .-• vl a1 N ^ ~ M N N ^-, M V1 o W "' a, ~ ^ O D`, V O L ~ O ~ N M 00 .-• 00 \D ~ ~ M M ~ M Vl O ~ '~" M ~ O ~ Vl ~ M V ^ ~ O M N M M ^ N N^ N N ~n ~ m M N V O~ Ol ~ 00 M N M [~ N ~O O ~ N O` -- 00 M o0 D1 ~ '~ V1 00 [~ O V M ~ C N /., O N M ~D N N ~O V v~ !` [~ v1 01 01 vl oo t~ V '/~ n M M a M M O O t` T ~? ~t l~ M ~ W ~ Vl O M N ~D 00 00 d~ ~D M N [~ ~O 00 ~ D` V V ~ T M vl t"I ~O ~/l ~ O~ O~ ~ l~ O M -~ N C` N 00 V'1 C` W 00 O1 ~/1 ~D V f~ 00 V'1 M \D ~fl CTf N ~ M - [~ Ol O~ ^ 1~ x Vl O~ M h f~ t` t` W 'S Vl 00 ~ C Vl V N N O f~ N (~ ~ [~ 1~ :ti t` x - C`I 'r~ 0 7 [~ M Vl N V V Vl ~D ~D M 7 N M C - ~O Vl Vl M u I~ ~ y N N M M N N N ^ } z O ~ O ~ O 00 O\ ~ N ^ V N ^ 01 D\ al t` ^ M v1 M O M N ^ ~ yr GC> M N N O N ~O [~ N ^ l~ N V M ^ N D\ ~ ^ N ^ M V1 ^ ~O ~ M v'1 ~ N M u1 ~O M, - N M n _ ^ V ~!1 O ~ C` ~ ~ 01 [~ ~--~ L~ Vl V 00 ^ M Vl 00 V M M ^ O N07 00 ^ V 01 V'1 M vl s p -- vl ~ ^ O N M ~ o0 00 O O D1 ~ M v'i l0 V M l~ vl a1 t` ~ ~ .--~ vi ~O ~n C V t\ V d' [~ ~ ~' ^ ^ ~O M l~ ~ N V ^ 00 M (~ O ~.^. 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N M ~ O ~ z i O a cz A L d V 0 0 C L 7 7 ~ ~ a~ ~C Gy a. a 7 ~ ~ ~~ o ro ~ o ~ b R = ~ ~ a ~ ~ > U ~ c c ro O C ^ ~ ~ ~ ~ 5 5 O O C u bq R. 7 ~ ~ U ~ .N+ ~ ~ ~ "' N x y a N ~ d N w ~ i ~ 3 r. ~ A G ~ N y Q ~ ~ ~ ~ p W ~ ~ ~ ~ ~ R ~ . ° a on ~ ~ U T ~ ~ • ~ U ~ 7 • ~' A ~ C ~ N U GY. ti . ~ L w cV . ¢~ ~ ~ ctl a U c w U w U c w C] ~ F~ rx U o .5 = o N M ^ N M v'i N M I ~O r ^ N O O O O O O O O O O O O O O ~o ~ r r r r o0 00 00 00 00 00 0~ o~ O O O O O O O O O O O O O O O F' 'O R Ci ACTION NO. ITEM NUMBER ~'"' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: February 24, 2004. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of January 31, 2004. SUMMARY OF INFORMATION: BANKERS ACCEPTANCE: SUNTRUST CAP 810,042.08 810,042.08 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 4,857.23 BRANCH BANKING & TRUST 999,348.61 EVERGREEN 3,901.65 MORGAN KEEGAN 4,800.83 SUNTRUST 1,003,843.06 SUNTRUST CAP 299,311.50 2,316,062.88 CORPORATE BONDS ALEXANDER KEY FED 105,481.75 EVERGREEN 3,521,699.75 3,627,181.50 GOVERNMENT: ALEXANDER KEY FED 11,991,205.56 ALEXANDER KEY -Sub Acct 4,071,461.95 EVERGREEN 9,190,641.90 MORGAN KEEGAN 1,615,384.70 SUNTRUST -CAP 8,720,935.76 35,589,629.87 LOCAL GOVT INVESTMENT POOL: GENERAL OPERATION (G.O.) 9,062,993.38 9,062,993.38 01/12/04 N-`1 ACTION NO ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: February 24, 2004. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of January 31, 2004. SUMMARY OF INFORMATION: BANKERS ACCEPTANCE: MONEY MARKET: ALEXANDER KEY FED 18,855,947.79 EVERGREEN (238,274.18) ALEXANDER KEY -Sub Acct 283,630.67 SUNTRUST -CAP 5,303,645.49 SUNTRUST-SWEEP 1,916,633.63 WACHOVIA 2,304,757.29 28,426,340.69 REPURCHASE AGREEMENT: EVERGREEN TOTAL 860,049.00 860,049.00 80,797,595.17 01/12/04 ,c .1 ACTION NO. ITEM NO. ~ - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 2004 AGENDA ITEM: Joint work session with the Planning Commission to discuss proposed revisions to the Community Plan SUBMITTED BY: Janet Scheid Chief Planner APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: During this joint work session with the Planning Commission, I would like to take a few moments to check the calendars of the Commissioners and Board Members in order to schedule a tour to examine issues related to the revision of the Community Plan. SUMMARY OF INFORMATION: Citizen input is a critical component of the Community Plan revision process. Staff has organized a Smart Growth Task Force made up of citizens, members of the Roanoke Valley Homebuilders Association, and other interest groups to provide input on the Community Plan and discuss smart growth issues. A list of the task force members is attached for your review. This group has met four times. At the work session, staff will brief the Planning Commission and Board of Supervisors on progress to date and future community meetings. Members of the Smart Growth Task Force have been invited to attend. ~i Roanoke County Smart Growth Task Force SMART GROWTH TASK FORCE PARTICIPANTS (CONFIRMED) Bob Flynn -Roanoke Regional Home Builders Association (RRHBA) Alexander Boone -RRHBA Steve Strauss - RRHBA Pam Berberich -Citizens for Smart Growth Bob Seymour -Citizens for Smart Growth Elizabeth Abe -Citizens for Smart Growth Dan Pollock -West County Citizen Annie Krochalis -Bent Mountain Citizen Kris Peckman -North County Citizen Deedie Kagey - Bonsack/Vinton Citizen Richard Wellford -Realtor Don Witt -Retired Planning Commissioner Jim Woltz -rural/mountain landowner ALTERNATES Ron Booth -RRHBA Melody Williams -RRHBA Barbara Bushnell -Citizens for Smart Growth Charles Hofer -Citizens for Smart Growth STAFF AND PLANNING COMMISSION Janet Scheid, Chief Planner Arnold Covey, Director, Department of Community Development David Holladay, Senior Planner Tim Beard, Planner Christopher Lowe, Planner AI Thomason, Chair, Planning Commission Steve Azar, Vinton Magisterial District Gary Robertson, Utility Department George Assaid, School Administration Anthony Ford, Transportation Engineer February 2, 2004 ACTION NO. ITEM NO. '~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 24, 2004 AGENDA ITEM: Preview of the new Roanoke County website SUBMITTED BY: Elaine Carver Information Technology Director APPROVED BY: Elmer C. Hodge ,~N County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: As the County implements new electronic systems for providing citizen services, Information Technology also looks for ways to improve existing technologies. During reviews of present applications, it became apparent our website needed to be redesigned, laying the foundation for a more Citizen friendly look and feel. The objectives for this redesign were: • Consistent navigation and design • Reduction of staff hours required to maintain content • Search engine that displays comprehensive results such as you would get in a Yahoo or Google search. • Create a foundation for addition of future web transactions (i.e., apply for permits, business licenses) We believe these objectives have been achieved and that the result will provide our citizens with a positive experience. It was felt that this time should be set aside to provide the Board a preview of the new County website, which is scheduled for launch on March 1S` ACTION NO. ITEM NO. ~ - ~i (~-cl 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: February 24, 2004 Work session on fiscal year 2004-2005 budget development Brent Robertson Director of Management and Budget Elmer C. Hodge ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for presentation and review of a number of significant capital and operating issues related to FY2004-2005 budget development. The following will be discussed: Specific Capital Projects o Update on Public Safety Building Process o Jail Renovation/Expansion o Vinton Rescue Building o Paging System Upgrade/Replacement Funding Issues for Consideration o Utility Funds -Loss of operating transfers to General Fund o CPMT -Increases in mandated services (current year and FY04-05) o Additional Funding Requests from Operating Departments • Economic Development o Business Park Expansion o Incentive Payments "J_~ a.;1 Public Safety ~,,. Public Safety Center Description: The project is the development of a new 911 Emergency Communications Center including an Emergency Operations Center and space for the Information Technology Department. Options to be considered also include all administrative space for the Police and Fire and Rescue Departments, as well as replacement or relocation of the main equipment for the emergency radio system. Justification: The current Public Safety Center was originally opened in the mid-1980's. It is located in an old school building originally constructed in 1939. The facility is inadequate for modern technology upgrades due to space limitations and electrical system shortcomings. The roof has had recurrent leak problems in the area that houses the emergency radio system and other information technology equipment. The facility has limited parking for current tenants and no room for expansion of existing structure and/or parking lot. Although the facility has served the County well over the past two decades its design prohibits safe and efficient emergency communication operations. The Board of Supervisors has recognized the need for upgrading the facility and has authorized the County Administrator to accept and review proposals to replace the facility under the Public Private Education Facilities and Infrastructure Act (PPEA) process. The County expects to receive several preliminary proposals from competing firms and complete reviews of these proposals in the fall of 2003. Funding Source: As the cost for this facility is dependent upon the proposals submitted and the options included, the total cost for the project, as well as the specific funding source is to be determined. Proposals submitted to the County under the PPEA will contain preliminary cost information and possible funding scenarios. Early estimates are $15-25 million depending on the final project scope. Operating Budget Impact: As the scope of the project and design is incomplete, the impact on operating budgets is to be determined. Cost and Efficiency Impact: This project will not only improve the efficiency of the Police, Fire and Rescue and Information Technology Departments, but it is vital to ensure that the long range emergency communications and public safety needs of the citizens of Roanoke County are met. The development of a new Communications Center and space for the Information Technology Department will advance the counties technological capabilities to current market expectations. Conformance with County Obligations: This project was a top priority identified in the FY2004 - 2008 Capital Improvement Program plan and the authority to accept project proposals for review was granted to the County Administrator by the Board of Supervisors in May of 2003. 1/ .. ~ f A,''~ J {~ Cll„ ?' E Public Safety Public Safety Center ~t FY2005 - 2009 Expenditure Summary Capital Costs: FY2004-05 FY2005-06 FY2006-07 FY2007-08 FY2008-09 TOTAL: $15,000,000 $0 $0 $0 $0 $15,000,000 * $15-25M Depending on scope of project Notes: Appropriations to Date $0 Future Costs Beyond 2009 None Associated Operating Costsr FY2004-05 FY2005-06 FY2006-07 FY2007-08 FY2008-09 TOTAL: $0 $0 $0 $0 $0 $0 ~°- _. ~, ~ Sheriff ~ ~~.,~„, Jail Renovations Description: This project will renovate the existing 6th floor of the Roanoke County/Salem jail, located at 401 East Main St. in Salem, VA. It would create a dormitory style area, which would contain 26 beds, with program space. There will also be a seventh floor added to the existing structure, which will add a 54 four bed form for direct supervision of minimum security inmates. The latest plans for a seventh floor would be to have the elevator come to the sixth floor, as is currently operated, and have a flight of steps up to the seventh floor, as in most pods in the facility. Justification: The Roanoke County/Salem jail currently has 108 cells. The average daily population for (FY 2002- 03)was 240 inmates. The overcrowded conditions create an unsafe environment for both staff and inmates, inflates operational costs and overstresses all supporting resources. Funding Soicrce: The city of Salem has agreed verbally, to contribute 25% of the cost to the addition/renovation. It should be noted that there is currently a moratorium on the building of jails in the state, which would negate any matching funds from the State. It should also be noted that even with the addition of another 80 beds, this facility will still be overcrowded. Mike Howerton of the Department of Corrections advised me on 11/01/02, that the State (once the moratorium is lifted) would be very hesitant to grant funds to a jail project that was already overcrowded from the beginning. Operating Budget Impact: Most of the salaries that are required are paid by the State. Obviously, since the County supplements the pay for deputies, some portion of the cost to the County will be reoccurring. Once the building is built (a one time cost), the maintenance cost for operating the jail should be pro-rated, as compared to the cost of the existing facility. Cost and Efficiency Impact: This project will not decrease the cost to the County Of Roanoke, in terms of dollar funding. However, the prospect of the cost of liability for the County should diminish significantly. Current inmate population is causing serious strains on burnout for employees, stress of overcrowded conditions for inmates (medical problems, sleeping conditions, weekender population growth, etc.). which all could lead to injuries or death, which in-turn causes the County serious liability issues. Conformance with County Obligations: This project will conform with Roanoke County's objectives in providing a safe and healthy environment for the citizens, jail staff and inmates. The main issues of this project will predominately address the critical problems of jail space needs in the Roanoke County/Salem jail. Conformance should also allow our Department to continue to be accredited by the American Correctional Association. ~ ~~.. Sheriff ~ ~- Jail Renovatioyzs FY2005 - 2009 Expenditure Summary Capital Costs: FY2004-05 FY2005-06 FY2006-07 FY2007-08 FY2008-09 TOTAL: '$2,617,985 $0 $0 $0 $0 $2,617,985 Notes: Appropriations to Date $0 Future Costs Beyond 2009 None Associated Operating Costs: FY2004-05 FY2005-06 FY2006-07 FY2007-08 FY2008-09 TOTAL: $1,554,450 $0 $0 _$0 $0 $1,554,450 ~,, ~ ~ 3 ~'• ~ '~~~ Fire & Rescue Vinton Rescue -New Building ~ ~~, ~= "y Description: This project would provide for the construction of anew building that would house rescue apparatus and personnel. Justification: Since 1992, the call volume for the rescue squad has consistently increased. The call volume has necessitated the placement of 24-hour career personnel at the station to support the volunteer contingency. The current facility does not support adequate sleeping quarters for male and female personnel, nor does the current structure provide adequate bathroom/shower facilities for the on-duty personnel. These volunteer and career personnel are of vital importance to ensure that the station functions at a level that would enable prompt reaction and response times to the citizens. In addition, this facility has an inadequate meeting room and small offices. As the trend shows, a further increase in call volume is expected which heightens the need for a new facility to maintain and meet the needs of the citizens. This would be a joint funding venture with Vinton. Funding Source: General Operating Budget Revenue Operating Budget Impact: Currently, Roanoke County does not fund any building expenses for Fire and Rescue facilities in Vinton. It is unknown at this time what future arrangements and/or agreements could develop. Note: The numbers provided are for the replacement of the current Vinton Rescue Building. Cost anct Efficiency Impact: This project would ensure that responding personnel, both career and volunteer, had adequate facilities from which to operate and respond to emergencies in an efficient and timely manner. Conformance with Coicnty Obligations: This project is consistent with the goals and objectives of the Comprehensive Plan as listed on page 70, Stategy 1, Objective B and C in Chapter 4: Community Facilities. ,:. ~~ " .~;~~ Fire & Rescue Vinton Rescue -New Building FY2005 - 2009 Expenditure Summary Capital Costs:. FY2004-05 FY2005-06 FY2006-07 FY2007-08 FY2008-09 TOTAL: $500000 $0 $0 $0 $0 $500,000 Notes: Appropriations to Date $0 Future Costs Beyond 2009 None Associated Operating Costs: FY2004-OS FY2005-06 FY2006-07 FY2007-08 FY2008-09 TOTAL: $0 $0 $0 $0 $0 $0 Fire & Rescue Upgrade/Replace Paging Capavilities =~~~ ~ - ~. ~_ ~.. Description: Upgrade the current low band paging system to a more reliable system to notify volunteer fire and rescue members of the need to respond to an emergency. Justification: The current low band paging technology is outdated and does not provide coverage in some of the more remote areas of the County. The FCC is currently moving all emergency paging from this band. This project would upgrade the current low band system to a system that would simulcast from two mountain tops instead of one and also includes the cost to provide individual pagers to replace those which are 15 years old. This new pager would be able to reproduce an emergency call received which would reduce dispatcher traffic. Our present system is approaching 20 years of age and cannot be upgraded to this level. This system is of vital importance since it is used to alert volunteer members to respond in the event of an emergency. Funding Source: General Operating Budget Revenues Operating Budget Impact: Overall costs to maintain this system should decrease. Cost and Efficiency Impact: The cost to maintain this system should decrease with the replacement of older pagers. Conformance with County Obligations: This project is consistent with the goals and objectives of the Comprehensive Plan as listed on page 70, Strategy 1, 3, and 4 in Chapter 4: Community Facilities. FY2005 - 2009 Expenditure Summary Capital Costs: FY2004-05 FY2005-06 FY2006-07 FY2007-08 FY2008-09 TOTAL: $100,000 $750;000 $0 $0 $0 $850,000 Notes: Appropriations to Date $0 Future Costs Beyond 2009 None Associated Operating Costs: FY2004-05 FY2005-06 FY2006-07 FY2007-08 FY2008-09 TOTAL: $0 $0 $0 $0 $0 $0 DR~1 FT FY2004 - 05 Additional Funding Request DRAFT "~ ~ cr /, ~ - Human Services Elections $ 20,875 Library 96,019 Parks and Recreation Recreation 184,208 Grounds Maintenance 628,404 Public Transportation 78,000 VA Cooperative Extension 4,673 Totals $ 1,012,179 Community Services General Services 295,970 Totals $ 295,970 Constitutional Officers Commissioner of the Revenue 32,162 Commonwealth's Attorney 1,170 Sheriff 443,308 Treasurer 12,500 Totals $ 489,140 Internal Services Board of Supervisors $ 10,000 Human Resources 17,290 Public Information Office 25,000 Information Technology 104,037 Totals $ 156,327 Judicial and State Funded Services Magistrate $ Totals Public Safety Fire and Rescue Police 3,199 _ 3,199 $ 1,865,570 1,263,592 Totals $ 3,129,162 Total $ 5,085,977 ~,~, n .~°' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 24, 2004 RESOLUTION 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. ACTION NO. ITEM NO. -~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: APPROVED BY: February 24, 2004 Resolution of congratulations to the Cave Spring High School Volleyball team for winning the State Group AA Championship for the second consecutive year Elmer C. Hodge ~'F~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Cave Spring Knights won their second State Group AA Championship on November 22, 2003, by defeating Jefferson Forest High School and finishing the season with a record of 26 wins and 2 losses. The team was composed of four seniors and eight sophomores. The four seniors compiled atwo-year varsity record of 55 wins and 2 losses. In addition to the team members, the following individuals have been invited to attend the meeting: School Board members, Dr. Linda Weber, Superintendent of Schools; Dr. Martha Cobble, Principal; and Tamalyn Tanis, Coach. 1~-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 24, 2004 RESOLUTION OF CONGRATULATIONS TO THE CAVE SPRING HIGH SCHOOL VOLLEYBALL TEAM FOR WINNING THE STATE GROUP AA CHAMPIONSHIP FOR THE SECOND CONSECUTIVE YEAR WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the Cave Spring Knights Volleyball Team won their second consecutive State Group AA Championship on November 22, 2003, by defeating Jefferson Forest High School and finishing the season with a record of 26 wins and 2 losses; and WHEREAS, the Knights' team is comprised of four seniors and eight sophomores; and the four seniors have compiled atwo-year varsity record of 55 wins and 2 losses; and WHEREAS, the following players were named to the All-River Ridge District Team: Lauren Clary Stacey Craighead Emily Harvey Clair Kerr Katie Morrison Andrea Secrist; and WHEREAS, Emily Harvey was named to the All Region III Team and is eligible to receive All-State Honors; and was selected as Player of the Year for the River Ridge District and Region III and as the All-Timesland Volleyball Player of the Year; and WHEREAS, Claire Kerr was named to the All-Region III Team and is eligible to receive All-State Honors, and was named to the All-Timesland Volleyball First Team; and WHEREAS, the Knights are coached by Tamalyn Tanis and Assistant Coaches Mark Tanis, Lindsay Cannon and Mike Wiegand. 1 NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the CAVE SPRING KNIGHTS VOLLEYBALL TEAM: Lauren Clary, Stacey Craighead, Emily Harvey, Laura Jones, Claire Kerr, Caitlyn Long, Christie McFarland, Katie Morrison, Andrea Secrist, Jillian Sullivan, Andrea Thornton, and Erica Wiegand, for their athletic ability, their commitment, and their team spirit; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. 2 J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 24, 2004 ORDINANCE 022404-5 DENYING A SPECIAL USE PERMIT TO LES AND ANGELA MEADOWS AND BARBARA J. SCHUYLER TO OPERATE A PRIVATE KENNEL ON 1.5 ACRES LOCATED AT 5005 BUFFALO CIRCLE (TAX MAP NO. 54.04-4-8) CATAWBA MAGISTERIAL DISTRICT WHEREAS, Les and Angela Meadows and Barbara J. Schuyler have filed a petition for a special use permit to operate a private kennel on 1.5 acres located at 5005 Buffalo Circle (Tax Map No. 54.04-4-8) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on February 3, 2004; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on January 27, 2004; the second reading and public hearing on this matter was held on February 24, 2004. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor Church to deny the special use permit and to allow the petitioner 60 days to come into compliance, and carried by the following recorded vote: AYES: Supervisors Church, Wray, Altizer, Flora NAYS: Supervisor McNamara A COPY TESTE: ~ ~~~ ~~~ Diane S. Childers Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William E. Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 1 ~ y ~~ PETITIONER: Les & Angela Meadows and Barbara Schuyler CASE NUMBER: 1-212004 Planning Commission Hearing Date: February 3, 2004 Board of Supervisors Hearing Date: February 24, 2004 A. REQUEST The petition of Les and Angela Meadows and Barbara J. Schuyler to obtain a Special Use Permit to operate a Private Kennel on 1.5 acres, located at 5005 Buffalo Circle, Catawba Magisterial District. B. CITIZEN COMMENTS 1. Mr and Mrs Les Meadows & Ms. Schuyler(5005 Buffalo Circle) are the applicants. Mr. and Mrs. Meadows explained that they moved to Cherokee Hills in November 2003 and were unaware of Roanoke County's zoning regulations concerning the number of dogs allowed in R-1 Zoning. They were aware that the Homeowners Association did not have any regulations governing such. Mr. and Mrs. Meadows explained that once they found out about the regulations they initiated the process for a Special Use Permit on their own. They explained that the two dogs that stay inside are miniature dogs and their ages are 18 and 8. Ms. Schuyler (Mrs. Meadow's mother) explained that the two remaining dogs stay in the garage and are 7 and 5 years of age. The applicants stated that the dogs are inside either the home or the garage at all times unless they have to use the restroom or unless someone is outside with them. Mr. Meadows said that he would like to get a physical fence up during the spring when the weather breaks and that the fence would be in accordance with the Homeowners Association Guidelines. Mrs. Meadows presented a letter to the Planning Commission from her adjoining neighbor, Angela Rhodes (5001 Buffalo Circle) stating support for the petition. 2. Mr & Mrs. Paul Daunt (5004 Buffalo Circle) live across the cul-de-sac expressed concerns with Roanoke County allowing four dogs on the property. They feel that it would set a precedent within the neighborhood and dogs would be roaming and barking freely. They objected to the petition. 3. Mr. Jim Reynolds (5139 Cherokee Hills) is the former Homeowners Association President. Mr. Reynolds felt that the ordinance needed to be revised because the term "Private Kennel" scares many residents. Mr. Reynolds felt supportive of the petition after hearing the presentation by staff and the conditions included for this petition. 4. Ms. Norma Stone (5012 Buffalo Circle) lives next to the Daunt family and across the cul-de-sac from the petitioner. Ms. Stone expressed the same concerns as the Daunt's with precedence and barking. 5. Ms Shirley Woolwine (4727 Cherokee Hills Drive) came to the public hearing as an opposed adjoining property owner. Ms. Woolwine changed her position after hearing the staff report presentation and the definition of "Private Kennel". She felt that the neighborhood should give the petitioner a chance. 6. Ms. Pamela Hughes (5462 Whispering Wind Drivel is the current Homeowners Association President. Ms. Hughes felt there was a general concern in the neighborhood because of a previous owner who had barking dogs. She was also afraid of running the petitioners out of the neighborhood because of a misunderstanding with the term of "Private Kennel". Ms. Hughes felt that as ~°` President of the Association it was her responsibility to express the concerns of her neighbors. Ms. Hughes felt that the permit would not be a disruption to the neighborhood, yet relayed the concerns from Ms. Stone and Mr. & Mrs. Daunt concerning the definition of private kennel, barking, and precedence. 7. Mr. Fred Lester (4903 White Eagle Lane) expressed his concerns with dogs in the neighborhood. Mr. Lester had concerns about barking and dogs running loose throughout the neighborhood. C. SUMMARY OF COMMISSION DISCUSSION Mr. Chris Lowe, Roanoke County Planning, presented the staff report for the petition. Mr. Lowe gave the definition of "Private Kennel", and then proceeded to explain what a Special Use Permit was. Mr. Lowe then addressed some of the concerns that he had received during the previous two working days. Mr. Lowe explained that this was a Special Use Permit for this property only and no other property in the neighborhood. Mr. Lowe explained that this special use permit would include conditions that would prevent the petitioners from getting additional dogs as their current dogs were to pass away or be given away. Mr. Lowe explained that eventually the number would decrease from four to three to two and at that point the special use permit would be voided. Mr. Lowe also explained that the Special Use Permit would not be transferable to another party if the property was sold. Mr. Lowe then noted that there are only eight or nine other lots within the subdivision that have the required 1.0 acres to apply for a Special Use Permit. Mr. Lowe the reported to the Planning Commission that there have been no complaints from anyone including the neighbors about the petitioner's dogs barking. It was also stated that most neighbors, when asked, were unaware that four dogs existed on the property. D. CONDITIONS Conditions were changed during the course of the Public Hearing: 1. The special use permit shall only be granted to the applicants on the petition, Les & Angela Meadows, Barbara Schulyer, and would not be transferable to any other property owner. 2. Staff shall make an administrative review of the special use permit for compliance with the ordinance after twelve months. 3. The number of dogs allowed shall be limited to four. However, upon the death or disposition of any one of these four dogs, the owner shall not be allowed to replace the said dogs above the limit of two dogs. E. COMMISSION ACTION(S) Ms. Hooker made the motion to approve the Special Use Permit request. The motion carried 5-0. F. G DISSENTING PERSPECTIVE None. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission STAFF REPORT ~~ Petitioner: Les & Angela Measdows & Barbara Schulyer Request: Special Use Permit for Private Kennel Location: 5005 Buffalo Circle Salem, VA 24153 Magisterial District: Catawba Suggested 1. The Special Use Permit shall be limited to the (4) four existing dogs Conditions: on the property. EXECUTIVE SUMMARY: This is a request for a Special Use Permit for a Private Kennel at 5005 Buffalo Circle. The property is designated as Neighborhood Conservation in the Roanoke County Community Plan, and is currently zoned R-1. This request is for a Private Kennel. The request involves (1) one parcel, consisting of 1.5 acres. 1. APPLICABLE REGULATIONS Private Kennel is Permitted in R-1 Zoning District with a Special Use Permit. Private Kennels in R-1 shall follow the regulations set forth in Sec. 30-82-4 in the Roanoke County Zoning Ordinance. 1. Minimum lot size: One (1) acre. 2. A private kennel shall be permitted only when accessory to a single family dwelling. 3. Exterior runs, pens and other confined areas designed to house four (4) or more animals shall be set back at least twenty-five (25) feet from any property line. For the purposes of this section, perimeter fencing of a yard shall not be considered a confined area. 2. ANALYSIS OF EXISTING CONDITIONS Back rg ound -Currently the petitioner has 4 dogs. A114 dogs stay indoors with the exception of going to the bathroom and some playtime. The petitioner's yard is not fenced in with a physical fence. Currently the petitioners have an electronic fence which does not work properly. The petitioners plan to build a fence in the rear of the property and are looking into a chain linked fencing option. TopographyNe etg ation - The petitioner's property is mostly level. To the rear of the property is a wood line which is also on their property. ~i 3. 4. 5. Surrounding Neighborhood -The surrounding neighborhood consists of residentially zoned properties. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture -The property is a single family residential home. The site is a 1.5 acre site. Access/Traffic Circulation - V DOT anticipates that the existing entrances are acceptable and that this request will have no impact to Buffalo Creek Circle. Fire & Rescue/CTtilities -Fire and rescue services will continue, as they currently exist. The Roanoke County Fire and Rescue Department primarily serve the site. This Special Use Permit does not affect the existing public water and sanitary sewer systems Department of Economic Development -The Department of Economic offer no objections. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The site is designated as Neighborhood Conservation in the 1998 Community Plan. This particular use is not identified in the Community Plan, but does follow the pattern of different categories of housing within this planning area. Neighborhood Conservation is defined as a development area which encourages residential development. This petition does not change the character of this neighborhood or development pattern. STAFF CONCLUSIONS This is a request for a Special Use Permit for a Private Kennel. The request involves (1) one parcel, consisting of 1.50 acres on Buffalo Creek Circle. Though this use is not identified in the Roanoke County Community Plan the site has ample space to conform to all applicable development standards. As long as the current conditions of the property, the suggested conditions requested by staff are in place, and if the neighbors support the petition, then no negative impacts are anticipated. CASE NUMBER: 1-2/2004 PREPARED BY: Chris Lowe HEARING PC: February 3, 2004 DATES: BOS: February 24, 2004 2 .~~ County of Roanoke For Staff Use Only COIllnlllnlty DeVelopIrleIlt - Date received: ~ , _ - Received bv~ Planning & Zoning L- ~ ~' ~'~ ~ Application fee~~~ ~ PCBZA date: Z: ~~ ? •, 5204 Bernard Drive P 0 Box 29800 Placards issued:, / BOS da~ ~ ~ ~ /r. Roanoke, VA 24018-0798 V (540) 772-2068 FAX (540) 776-7155 Case Number i _ ~ ~ 4LL APPL7CAIVT$ Check type of applic 'on filed (check all that apply) D Rezoning Special Use D Variance D Waiver D Administrative Appeal Applicants name/address w/zip Schuy~c~ Phone:~~-~~~ -~~51;; - ~ ~. a~ ~• la ,tit ~.~t.dc;LvS ~ .l~?CufbG-r(;t- ~` y Work: _ ~' Cell #: - ~.~ -r-•=?-•-• ?, l 5 ~ ~~;~ ~falc CI ~ %. ~ Fax No.: . ,n .., . ~ , r--, Owner's name/address w/zi _ Phone #: ~~(~ '~~(~ ~~7 ~_;~ Las ~. A~c`~.lc~ ~Yllc~ctc~ ` ~c~,4~bC~.Y~.J: Sc:hu~(l~.k~ Work: ~ ~CuS t~vtkC~la Circ4. Fax No. #: Property Location v 1 , Magisterial District: e Q;~(). I,i; ~ l:. rjC~ l~~iFfC~IG Llf% ~. } ,~[.t~~.l'Y~ , ~ (~ ~.~ ~ rj j Community Planning area: 3' IQ ~ V ~.1' Tax Map No.: ~ 4 . D~~ _ ~, _~~ ~~ Existing Zoning: Size of parcel(s): Acres: ~ -~ I~C.Y'r S Existing Land Use: ,S ~~ I(,. Fa.~I~ l ~ ~~,1. ~~ ~ ... REZONING SPECIAL USE PERMITAIVD WAIVER APPLIC~iNTS'(R/Sl~ ..-, ,__, , ,. _. _. S ~C1~.1 t~s~ - r'~~~r~ ' ~nl~~t Proposed Zoning: Proposed Land Use: ~ ,'~f~, Q. ~al~ ~ ~ 1.~ ~V~~ Q„~ ~ I E~ " D ~ the parcel meet the minimum lot area, width, and frontage requirements of the requested district? ~ 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.9.RI~NCE, FVAIYER. AND ADMINISTRATIVE APPEAL A,pPLl'C`ANTS (Viwf4Aj: 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 WII.L NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/S/W V/AA R/S/W V/AA R/S/W V/AA Consultation ~~~'x:a- /r 8 1/2" x 11" concept plan ~` Application fee Application Metes and bounds description Proffers, if applicable ~. justification Water and sewer application ~ Adjoining property owners I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. Owner's Signature 2 1 1 -n~, G .,, . JUSTIFICATION FOR REZONING, SPECIAL USE''PERNIIT OR WAIVER REQUEST c Applicant c .,J 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. ISL. ~c~h~.d ~ I Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. ~ ~~~. A~~ct~:~~~ ~ 3 ~"~ APPLICANT: Les and Angela Meadows & Barbara J. Schuyler 1. We are applying for a private kennel (special use) permit in order to maintain our dogs. We have just recently moved to VA from WV. Prior to buying the house we checked with the homeowners association regarding pets. We were informed that no cows, chickens, horses, pigs, etc were permitted. We specifically questioned dogs because that was a concern to us. We own a total of 4 dogs, 2 are small house dogs and the other 2 are medium size house backyard dogs. One of the small dogs is an 18 year old Chihuahua. One of the medium size dogs is an Australian shepherd and the other two are mixed breeds. We have never had a problem with our neighbors and our dogs. We have had our dogs for years and consider them our "family". 2. The request conforms to the guidelines because we are asking for a special use -private kennel in Rl, to adhere to the Roanoke county guidelines. We are only asking that we be allowed to maintain the dogs we currently have. 3. We don't feel that the request will have any different impact on the property. The neighborhood we reside in is surrounded by woods, deer actually can be seen in the yards. Our property exceeds the requirement size of 1 acre, as our property is 1.5 acres. Immediately behind our house are woods and our medium size dogs will be maintained in the back yard, when outside. We currently have an electric fence. The adjouning neighbors are: Freddie and Jane Dillon 5013 Buffalo Circle and Dan and Stephanie Sebolt (they have moved and have sold their house, not sure of new neighbors names, however, will contact when available.) 5001 Buffalo Circle JUSTIFICATION FOR VARIANCE REQUEST Applicant The of Zoning Appeals is required by Section 15.2-2309 of the Code of Virginia to consider the following factors before a variance can be granted. Please read the factors listed below carefully and in your own words, describe how the request meets each factor. If additional space is needed, use additional sheets of paper. 1. The vari ce shall not be contrary to the public interest and shall be in harmony with the intended spiri d purpose of the Zoning Ord' ce. 2. The strict application of the zoning ord ce would produce undue hart} 'p; a hardshiythat approaches confisP tiPn ~s distinguished from a special privilege or co venience) and would prolu'l~ t or unreasonabl restrict the use of the ro er ~~~ 3. The hardship is not shared by other properties the same zoning 'strict or vicinity. Such hardships should be addressed by the Board of Supervisors as amendments to j e Zoning Ordinance. 4. The variance wiIl note a of a substantial detriment to the adjacent properties or the characfie`of the district. 4 JUSTIFICATION FOR ADMINISTRATIVE APPEAT., REQUEST' Applicant ~." 5 Please respond to the following as thoroughly as possible. If additional space is needed, use additional sheets of paper. CONCEPT PLAN CHECKLIST "'°' ~._.... A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, 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: ALL APPLICANTS `t/ a. Applicant name and name of development b. Date, scale and north arrow j 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. t/~ 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 A~iitional information required for REZONING and SPECIAL USE PERMIT APPLICANTS ~~ c,~ ~cJ ~ k. Existing utilities (water, sewer, storm drains) and connections at the site ~; ;;_' 1. Any driveways, entranceslexits, curb openings and crossovers `I ~ m. Topography map in a suitable scale and contour intervals ~ y n. Approximate street grades and site distances at intersections ~ e o. Locations of all adjacent fire hydrants - p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above aze complete. ign re o applicant Date 6 r ~ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 24, 2004 ORDINANCE GRANTING A SPECIAL USE PERMIT TO LES AND ANGELA MEADOWS AND BARBARA J. SCHUYLER TO OPERATE A PRIVATE KENNEL ON 1.5 ACRES LOCATED AT 5005 BUFFALO CIRCLE (TAX MAP NO. 54.04-4-8) CATAWBA MAGISTERIAL DISTRICT WHEREAS, Les and Angela Meadows and Barbara J. Schuyler have filed a petition for a special use permit to operate a private kennel on 1.5 acres located at 5005 Buffalo Circle (Tax Map No. 54.04-4-8) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on February 3, 2004; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on January 27, 2004; the second reading and public hearing on this matter was held on February 24, 2004. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Les and Angela Meadows and Barbara Schuyler to operate a private kennel on 1.5 acres located at 5005 Buffalo Circle in the Catawba Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and said special use permit is hereby approved with the following conditions: 5-1 1 i ~~ j ~~ (1) The special use permit shall only be granted to the applicants on the petition, Les and Angela Meadows and Barbara Schuyler, and would not be transferable to any other property owner. (2) Staff shall make an administrative review of the special use permit for compliance with the ordinance after twelve months. (3) The number of dogs allowed shall be limited to four. However, upon the death or disposition of any one of these four dogs, the owner shall not be allowed to replace the said dogs above the limit of two dogs. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 2 ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Applicants name: Les & Angela Meadows & Barbara J. Schuyler Zoning: Proposed Special Use Tax Map No. 54.04-4-8 4 .i w ~, -~~~ i LoT G V w r q' ! ! / / // /O 9 IaeK ~~ nl y Pd-E r RapER~' /3 OGA/'E/J LEC AL •R EFEZZENGF_ /N f~oo0 /NSUQA.~/CE .Zo E X °f~5 P, g. 9 PC-a . 5 y ~CSlGA/A7'EO //~ ~/ rNE 5'EC,eE AR~ OF oust//NG (/, r d TAx N' 5A. oq•g-a ~Ny ~R/.jAA~ QE/ELO /YIEA/r 1,9 "' S. 4 I ° o S' 30` E -~ 'ey° P sT _, _ 132.1 •~ lo' PU.E.£ O.E! E ADJOINING ~xJ ~ ~ 1 OWNER'S •~ DoG pew N I C L.o~ m N N S I~ D rn 1.580 AcRes I 9 I A ~ ~ IN ~. W I I ~ .N (( N ~ I 1 ~ ' ~ ' 0 I Z , I. o.a{. Ei~sc. wiac~ M.ps.~-._M~.-~~MUM F3~~~ow4 1~..4 Po~E Pe~c p V.F.-_. PV 3~~c-UTI~~T~( EA S6MHuT I C. E.__" DaL1~..~is4c Ee,SEe'IEtiT d 2'se 4 nt ~~Y J R, u / :Ov `° ~~la~'~ x ~ ~ ~ ,~h',µ ~ tr I OV e ~ ~ ;~. ~ X23 ~p / 15 y ' P.U.E. AR ' S a r~• 1 ~' ~ ~'. OLD rPN o J • ~!. ~y RT. No. 1231 BUFFALO CiRC~E o o3~W P,:" ~ ~ ~~°``° ' ' N.21•SG 30 W so tZIW ~ . s5.5s -r- 252,94 ~ o P ~ ~~• a~ ~ OF ~ ~ NOTE : rNE /cU/JJEC p SU~ZVEY FoR GA~P2~' P ~ CA,QME~11 C l-ti4GNER OG L oT 5~ gl..oC 1L 2, SECT10hl I, ~yE~~rHUr MAP o~ CNC-RoHGEC HILt_5 L Ro,~13oKE CoVNT`(, vIRGINI/~ JACK G. QESS ~D ~r0 BY: JAc>~ 6. f3E55 ,~,~ CERTIt=1Er~ LAND SU ERTIFICATE No. RveYor.Z ~ 1070 P,~~~ DAFT E; DECEMlDEQ 23,1993 SCgIE: I ~~ n 6 O ~ LAND ~ __ N. B.V1-119 D-93/8¢ ~W R t r ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS. OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 24, 2004 ORDINANCE 022404-6 TO CHANGE THE ZONING CLASSIFICATION OF A 2.37-ACRE TRACT OF REAL ESTATE LOCATED AT 3640 COLONIAL AVENUE (TAX MAP N0.77.18-3-15) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF C-1 WITH CONDITIONS UPON THE APPLICATION OF ROANOKE COUNCIL OF GARDEN CLUBS, INCORPORATED WHEREAS, the first reading of this ordinance was held on January 27 2004, and the second reading and public hearing were held February 24, 2004; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 3, 2004; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 2.37 acres, as described herein, and located at 3640 Colonial Avenue (Tax Map Number77.18-3-15) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of C-1, Office District. 2. That this action is taken upon the application of Roanoke Council of Garden Clubs, Incorporated. 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) The subject property will be developed in substantial conformity with the concept plan dated January 14, 2004, and with the architectural rendering dated January 30, 2004, both prepared by Rife & Wood Architects. (2) Use of the property will be limited to activities of or sponsored by the Roanoke Council of Garden Clubs, Incorporated including offices, meetings and rental of the building. (3) Applicable Colonial Avenue Corridor Design Guidelines shalt be in effect with the word "shall" replacing the word "should" as determined during the site plan review process. (4) The proposed building shall be limited to 6,000 square feet of gross floor area and 26 feet in height. (5) Exterior building materials shall be of brick and wood. (6) Parking to the rear of the building shall not exceed sixty (60) spaces and no parking shall be constructed in front of the building. (7) Monument-style signage at the entrance of the property shall not exceed 35 square feet. Total site signage shall not exceed 70 square feet. Temporary signage shall be limited to activities directly related to the Roanoke County of Garden Clubs, Incorporated. 4. That said real estate is more fully described as follows: 2 BEGINNING at a post, corner to C. W. Trent and Mrs. John Edwards on the south side of Bent Mountain Road, also called Poorhouse Road; thence with the south side of said road N. 52° 15' E. 237.0 feet to an iron pipe, corner to J. D. ~Ison 2.00 acre tract; thence with the lines of same, S. 31 ° 15' E. passing an iron pipe in field at 365.0 feet, in all 510.0 feet, to a stake in outside line of C. W. Trent property; thence with the outside line of C. W. Trent property S. 44° W. 245.0 feet to a stake near small forked dogwood; thence with the line of Mrs. John Edwards' property N. 31 ° 15' W. 540.2 feet to the Place of Beginning; and containing 2.88 acres. LESS AND EXCEPT 0.054 acre conveyed to the Commonwealth of Virginia by deed recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 511, page 521. LESS AND EXCEPT 0.43 acre conveyed to Cletus H. Bittle, et al, by deed recorded in the aforesaid Clerk's Office in Deed Book 1117, page 535. LESS AND EXCEPT 0.023 acre conveyed to Cletus H. Bittle, et al, by deed recorded in the aforesaid Clerk's Office in Deed Book 1128, page 811. 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 Wray to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None A OPY TESTE: , Diane S. Childers Clerk to the Board of Supervisors cc: Fiie Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 3 ~ 1~ L ~~trN povE G p L o _ ,, _ ~ ~ ~~~DSLtIPE ~ ~~ ~ / ~ 'S1C~CL 1 1 " .~ Q4' f1¢NGW4( ` ` ! U4V1~ E $IT~LDPS > 3G5o LOCDU4IL I . 1 ~ ., ,. , , . ~ ~ ~ ~t ~~~ ~ 1 ~fYPE 1 STS ~.~~ ~ t~ l l~~ S~/S~ r ~ ~~~ . '', NOt D61F~Mu~7 20l 1~ ~~ ~~AE`2 .. OU~ ~f~(PE ? t I ~ ~ APR 6,ooc~ ---1 U I 4 ~ sq.?t. i 1 -' ,~ "` z r. ' ! 13 .- a P~6~1~ OFE i • ~ w ~ ~ ~ 1 I , t 0 ~ ~~ ~. PARKING TOTALS ADA /Handicapped Spaces 2 Standard Spaces + ~¢ Total Spaces 60 CONCEPT SITE PLAN ReviseE January 14, 2004 Scale 1:30 Roanoke Council of Garden Clubs 3640 Colonial Avrnue Roanoke County, VA Tax map ~ 077-18-03-15-00 Rife & Wood Architects 1716 Goodin Ao.d Aowoke,VA Zb l3 Coven 40. 4751 REVISIONS ~ t .~ a 'b u L rc~ u > v ~ T 4. ¢ C O A c o U u >; U o ~ o ~ O ~ moo, ~ m .:~ 0 s~ c~ 0 y v+ I F ~ U ~., 0 Va r F h ^ o v x" ~~ U ~ `t'1 u a ~ j 0', °e rr1/'1, a ~ C an 1. i4, 04 5~ 6'I I aMIRa I• ii• =mot . ___ . ------ :_ ~-~ - ~.. s _ (1 =_ EAST ELEVATION la "--- -~ ~--- • NORTIi ELEVATION - COLOPIIAL AVE. ~ - CONCEPT BUII.DING ELEVATIONS • ~ >~: rm,.n w, zoos sue. u•- ra• ' Roaao~e Counetl o[ Garden Clubs 3640 Colonial Avenue Roanoke County, VA . ~; I ° E - fe ~-}' VV OOd ~ ~j Roanoke Council of Garden Clubs ~ ~ a O ~ . A R C H I T E C' T S -~ 3640 Colonial Avenue a ', L ~ Romoke; VA 24015 (540) 344015 Roanoke County, VA _. i 2. A G,r,@Q Y~~p ROANOKE COUNTY App~~icants riame: Edward A. Natt DEPARTMENT OF Zon~,r~.g: Proposed C-1 COMMUNITY DEVELOPMENT Tax Map No. 77.18-3-15 ~_~-- ~l PETITIONER: Roanoke Council of Garden Clubs CASE NUMBER: 2-2/2004 Planning Commission Hearing Date: February 3, 2004 Board of Supervisors Hearing Date: February 24, 2004 A. REQUEST The petition of Roanoke Council of Garden Clubs, Incorporated, to Rezone 2.37 acres from R-1 Low Density Residential District to C-1 Office District in order to construct a general office located at 3640 Colonial Avenue, Cave Spring Magisterial District. B. CITIZEN COMMENTS Mr. Hal Jones, Jr. stated that care must be taken regarding the existing storm drain and/or sanitary sewer underlying the property's western boundary due to the potential for inflow and backup of material. Mr. Jones also asked about vegetation that may be planted along low-lying drainage areas. C. SUMMARY OF COMMISSION DISCUSSION Mr. Tim Beard, Roanoke County Planning, presented the staff report highlighting site-specific aspects of the proposal and recommended proffered conditions. Mr. Ed Natt, petitioner's attorney, noted the site's access from Colonial Avenue, the importance of stormwater management and stated his intent to withdraw the proffered condition limiting the number of persons attending functions at the proposed facility. Mr. Natt referred to an architectural rendering prepared by Rife & Wood Architects illustrating the building and stated that he was in general agreement with staff's desire for compliance with Colonial Avenue Corridor design guidelines provided that representatives of the petitioner have the opportunity to discuss interpreting specific guidelines during the site plan process. Mr. McNeil asked if 60 parking spaces would adequately serve the club and if any parking would be allowed along the entrance drive. Mr. Natt replied that parking would support up to 140 people and that rarely, if ever would parking occur along the drive. Mr. McNeil asked if other activities would goon at the facility and if groundcover would be in place at the stormwater detention area. Mr. Natt stated that meetings and rental of the building for various functions would occur. Mr. Jeff Wood, petitioner's architect, stated that the detention area would be shallow and lawnlike. Ms. Hooker stated that she concurred with the proffers recommended and encouraged staff and representatives of the applicant to work out any "subjectivity" related to design guideline interpretation. She also asked for clarification of the proffer on temporary and portable signage. D. CONDITIONS 1) The subject property will be developed in substantial conformity with the concept plan dated January 14, 2004 and with the architectural rendering dated January 30, 2004 both prepared by Rife & Wood Architects. 2) Use of the property will be limited to activities of or sponsored by the Roanoke Council of Garden Clubs, Incorporated including offices, meetings and rental of the building. 3) Applicable Colonial Avenue Corridor Design Guidelines shall be in effect with the word "shall" replacing the word "should" as determined during the site plan review process. 4) The proposed building shall be limited to 6,000 square feet of gross floor area and 26 feet in height. 5) Exterior building materials shall be of brick and wood. 16) Parking to the rear of the building shall not exceed sixty (60) spaces and no parking shall be constructed in front of the building. 7) Monument-style signage at the entrance of the property shall not exceed 35 square feet. Total site signage shall not exceed 70 square feet. Temporary signage shall be limited to activities directly related to the Roanoke Council of Garden Clubs, Incorporated. E. COMMISSION ACTION(S) Mr. McNeil motioned to approve the request with proffered conditions. The motion carried 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission Mme.' STAFF REPORT Petitioner: Roanoke Council of Garden Clubs, Inc. Request: Rezoning from R-1 Low Density Residential to C-1 Office Location: 3640 Colonial Avenue Magisterial District: Cave Spring Proffered Conditions: 1) The subject property will be developed in substantial conformity with the site plan dated January 14, 2004 and with the rendering dated January 30, 2004, both prepared by Rife & Wood Architects. 2) Use of the property will be limited to activities of or sponsored by the Roanoke Council of Garden Clubs, Incorporated including offices, classes, meetings and rental of the building for functions of not more than 75 (seventy-five) persons. EXECUTIVE SUMMARY: The Roanoke Council of Garden Clubs, Inc. requests the rezoning of a 2.37 acre lot from R-1 to C-1 with conditions. The purpose of this application is to redevelop the site from single family residential use into acivic/club facility. The property is designated Transition and Neighborhood Conservation in the 1998 Community Plan and is centrally located within the Colonial Avenue Corridor. The proposal complies with most Corridor Study design guidelines. 1. APPLICABLE REGULATIONS The zoning ordinance permits clubs as "by right" uses in the AV Agricultural /Village Center, C-1 Office and C-2 General Commercial districts. A club is defined as "a use providing meeting or social facilities for civic or social clubs, fraternal / sororal organizations and similar organizations and associations primarily for use by members and guests." No specific Use and Design standards apply to clubs in a C-1 district. The petitioner has proffered the following conditions in conjunction with this request: 1) The subject property will be developed in substantial conformity with the site plan dated January 14, 2004 and with the rendering dated January 30, 2004 both prepared by Rife & Wood Architects; and 2) Use of the property will be limited to activities of or sponsored by the Roanoke Council of Garden Clubs, Inc. including offices, meetings and rental of the building for functions of not more than 75 (seventy-five) persons. A commercial entrance permit will be required by VDOT. Site and building plan review will be required to insure compliance with local regulations. 2. ANALYSIS OF EXISTING CONDITIONS Background -The applicant intends to purchase the subject property pending rezoning. The proposal calls for demolishing existing structures and constructing a 6,000 square foot building and parking sufficient for gatherings of up to 80 visitors for office and meeting uses by the local council of garden clubs and similar organizations. Topography / Ve etg ation -The site slopes gently down in a westerly direction from the rear approaching Colonial Avenue. Aside from the existing house and a detached unit in the back yard, the site is grass-covered with scattered trees. Dual asphalt driveways access the house and attached garage. Surrounding Neighborhood -The subject parcel and tracts east, south and north are Zoned R-1 and are developed with single-family dwellings. A C-1 zoned dentists' office stands to the west. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout /Architecture -Presently, the tract includes an older brick single-family residence with attached double-garage in addition to a rear yard shed. These structures will be razed under the proposal and replaced with an approximate 6,000 square-foot, one story brick and wood building centrally located onsite. The proposed building is projected to have a gable roof and stand 14 feet tall at its eaves (maximum 26 feet at roof peak). Exterior lighting and signage shall be per ordinance and applicable Colonial Avenue Corridor Study design guidelines. The adopted guidelines call for new construction avoiding excessive height, having a distinct residential character, utilizing earth-tone exterior materials and protecting existing drainageways. Alighted monument-style identification sign is indicated at the front of the property. Design guidelines recommend a 35-square foot maximum for freestanding monument signs. Access /Traffic Circulation /Parking -The proffered concept plan indicates a new 24- foot wide access (30 feet wide at the Colonial Avenue right-of--way replacing existing driveways) extending approximately 350 feet to the proposed rear parking area holding 58 spaces - in excess of the one space per three persons based on maximum occupancy which a club facility is required to provide per ordinance. Rear drive aisles may require slight widening. Design guidelines strongly recommend the use of pervious materials where possible, particularly where large scale parking is anticipated. Traffic Engineer reports that there are no applicable trip generation rates available for this proposal, but with only occasional meetings of up to 80 participants, this portion of Colonial Avenue level of service should not be adversely affected. VDOT reports a traffic count of 9,641 vehicles per day and a 25 mile-per-hour speed limit necessitating 250 feet of sight distance which is available at this location. t„ ~~ ~~. - ~; Fire & Rescue /Utilities /Drainage -Emergency vehicle travel time is expected to be within acceptable limits (four minutes) with Cave Spring Fire & Rescue squads as the primary response units. Fire & Rescue staff states that this facility should not impact call volume significantly, but that water supply for fire suppression should be addressed during construction. Public water and sewer are available to the property. Stormwater management is required and is indicated on the concept plan. Its proper function will be important noting the potential runoff to be generated by this proposal. VDOT reports that any change in stormwater discharge may require improvements to the Colonial Avenue drainage system and a pipe will be required under the entrance. Screening & Buffering -The proffered concept plan proposes a variable 20-foot to 30- foot wide densely vegetated buffer yard along the property's east, southwest and south boundaries adjoining R-1 zoned single-family residences. Interior parking area, lawn and garden area plantings will also be present. The 20-foot wide buffers should include screen fencing. Additional landscaping maybe requested to complement the facility's sign and stormwater detention area. Neighborhood Meeting - A citizens' meeting was held on January 14, 2004 to provide the petitioner and interested citizens an opportunity to discuss this redevelopment proposal. Approximately 21 neighbors (including Council of Garden Clubs members) in addition to the district supervisor, planning commissioner and staff attended. Representatives of the applicant stated that an office secretary will be onsite for half days Monday through Friday, that Saturday meetings or classes are likely and that monthly garden club meetings of up to 80 people will occur. Citizen questions and comments highlighted traffic, drainage and landscaping. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The 1998 Community Plan has designated this property Transition to a depth of approximately 275 feet off Colonial Avenue and Neighborhood Conservation for the rear 200-plus feet of the site. Transition policy encourages the orderly development of highway frontage parcels with a high degree of architectural and environmentally sensitive site design for office, institutional, higher density residential, park and small- scale coordinated retail uses while serving as buffers between highways and adjoining lower intensity development. Neighborhood Conservation areas are delineated where established single-family neighborhoods exist and conservation of the existing development pattern is encouraged. Neighborhood Conservation policy states that single-family neighborhoods are traditionally the most protected land uses. The applicant's proposal can conform with the long range plan including the Colonial Avenue Corridor Study if applicable design guidelines are in effect through proffered conditions. 5. STAFF CONCLUSIONS This parcel is a rare example with Colonial Avenue comdor limits of dual land use designations and it offers an opportunity for proper adaptive re-use. Transition area guidelines stress the importance of a minimum total of access points, parking and increased vegetative buffers. Buffering along rear and side property lines adjacent to lower intensity residential uses is crucial. Sites should be planned to provide a desirable blend with the streetscape, supply space for adequate planting and ensure safe pedestrian and vehicular movement. Neighborhood Conservation category guidelines strive for a high level of protection for established single-family residential areas from potential encroachment by higher intensity uses. The subject tract is large enough to accommodate the building and parking areas proposed and to prevent negative impacts to adjoining residential uses if carefully developed. If the Planning Commission is in support of the proposed project, staff recommends the following proffered conditions be attached to the request in addition to the two proffers already submitted by the petitioner (see first page of this report): 1) Applicable Colonial Avenue Corridor Design Guidelines shall be in effect with the word "shall" replacing the word "should" throughout; 2) The proposed club building shall be limited to 6,000 square feet of gross floor area and 26 feet in height; 3) Exterior building materials shall be of brick and wood; 4) Parking to the rear of the building shall not exceed 60 spaces and no parking shall be constructed in front of the building; 5) Monument-style signage at the entrance of the property shall not exceed 35 square feet in area and total site signage shall not exceed 70 square feet. CASE NUMBER: 2 - 2/2004 HEARING DATES: P.C.: 2/3/2004 B.O.S.: 2/24/2004 i . . _ ~ ,q County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 772-2108 T_ _ n._LC TT-.._..11.. 1~. Date received: Receivedby: / L /,~ ~ 3 Applica ' n fee: PCIBZA date: c~ (,OV 2. 3 ny Placards issued: BOS date: l z ~y o ^^ Case Number pt `" Check type of application filed (check all that apply) ~ Rezoning ~ Special Use O Variance CONTACT Edward A. Natt, 3912 Electric Road, Roanoke,P~/o e,24018 725-8180 Applicants name/address w/zip Roanoke Council of Garden Clubs, Incorporated 772-0126 3201 Brandon Avenue, Suite 2 Fax No. Roanoke, VA 24018 AiCT Edward A. Natt, 3912 Electric Road, Roanoke, ~/A 24018 Owner shame/address w/zip Pone: 725-8180 Phillip W. and Valerie L. Wilson 5512 Co I etnan fZoad Fax No. 772-0126 Roanoke VA 24018 Properly Location Magisterial District: Cave Spr i nq _ 3640 Co I on i a i Avenue I Community Planning area: Cave Spr i Tax Map No.: 077.18-03-15 I Existing Zoning: R-1 Size of pazcel(s) Acres 2 37 Existing Lantd Use Vacant House i,`s""~ ~ Ci ~'i M }~S ~`~" F "'i ii ~. 7h 7 An; yyrf, ,~,, ..~c~,v " ro'Q ~ ~ ~St. c~ C 1.54~?'~'+r'~*' ti.° ~ ~ y~,~ T 1?.~ i}~A e Y ~ a C~ t^ ~1 ~"'~~r~~ Jh?tF* ~U•+div:. ~r~T~),e,i]~/rE(.]t~'~ }i~+S.'i'~:}t'~/'~Ybr~'~`N'}Y~7s~t~i~.~ ~`l',~~~F,r `.k~ '.~ ~~4"'rc ~„~~ fir. ^c~ i -.++.,,.T `)'h: _ ~ T 4A1.L'i~WIaYSLK T•F;F'~ ~.l~L'r~~ Fw'tJL'L i ~l ~-m ~~r ~.~ uliFJS~, L-SF,t~ y~ r7._!y4.T' ~Y l } L . ~: ..4 $ , 54.... Proposed Zoning: C-1 Proposed Land Use: C I ub _ Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes ~ No O 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 REQUIlZED FIRST ~ If rezoning request, are conditions being proffered with this request? Yes ~ No Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION WII.L NOT BE ACCEPTED IF ANY OF THESE IZ~IVLS ARF.IVIISSIl~tG ORl~s1COMPLETE. v ~ v X Consultation X 8 1/2" x 11" concept plan Application fee X Application Metes and bounds description Proffers, if applicable X justification Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the groperry or the o~,wner s agent or contract purchaser and am acting with the lmowledge and consent of the owner. App I i cant : ~LA~ICI L,/OF ~WBS, I Tm Owner : Ph i I~ p W,,;FW i I son Valerie L. Wilson: .:tee i ,,, JUSTIFICATION FOR REZONING OR SPECIAL USE PERMIT REQUEST Applicant ROANOKE COUNCIL OF GARDEN CLUBS, INCORPORATED The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The Colonial Avenue Corridor Study indicates that future land use patterns include limited office-type uses similar to the existing commercial uses. The designated property is in the transition category under the Colonial Avenue Corridor Study. The transition district is designed to provide a transition from the commercial area to the residential area. The proposed use by the Roanoke Council of Garden Clubs would be anon-intrusive and non-objectionable use in this area. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The proposed use conforms to the future land use alternatives for the Colonial Avenue Corridor as contained in the Plan in that a parcel of land fronting on Colonial Avenue will be developed in a manner so as to provide a good transition to the residential uses in the rear. 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 use of the property by Roanoke Council of Garden Clubs would have a minimal impact on public services and facilities. There would be no impact for schools, parks/recreation and use of the property would be very limited. Traffic would be at a minimum as the project would be used primarily for the offices of the Applicant, as well as meeting rooms and classrooms for various functions. \UOLLY\SYS\USERS\CBaumgardner\ZONING\Rke Garden Clubs JUSTIFICATION.doc .. ,,.. PROFFERS Address of Subject Property: 3640 Colonial Avenue Tax Map No.: 077.18-03-15 Applicant's Name: Roanoke Council of Garden Clubs, Incorporated Owner's Name: Phillip W. and Valerie L. Wilson PROFFERS The undersigned applicant/owner does hereby proffer the following conditions in conjunction with the rezoning request: 1. The subject property will be developed in substantial conformity with the "Concept Site Plan," prepared by Rife + Wood Architects under date of December 16, 2003. 2. The use of the property would be limited to activities of or sponsored by the Petitioner including offices, classes and meetings. AJ lid cant: ROANOKE COUNCIL OF GARDEN CLUBS, INCORPORATED -~ ~. BY l .1-' j S ~C Owner: PHILLIP W. WILSON . ~ ~ VALERIE L. WI \\JOLLY\SYS\USERS\CBaumgardner\ZONING\Rke Garden Clubs PROFFERS.doc ,~ ~,~..~,. LEGAL DESCRIPTION '~~~~~ Address of SubLct Property: 3640 Colonial Avenue Tax Map, No.: 077.18-03-15 Applicant's Name: Roanoke Council of Garden Clubs, Incorporated Owner's Name: Phillip W. and Valerie L. Wilson LEGAL DESCRIPTION BEGINNING at a post, corner to C.W. Trent and Mrs. John Edwards, on the South side of Bent Mountain Road, also called Poorhouse Road; thence with the South side of said Road, N. 52 degs. 15' E. 237.0 feet to an iron pipe, corner to J. D. Wilson 2.00 acre tract; thence with the lines of same, S. 31 degs. 15' E. passing an iron pipe in field at 365.0 feet, in all 510.0 feet, to a stake in outside line of C. W. Trent property; thence with the outside line of C. W. Trent property S. 44 degs. W. 245.0 feet to a stake near small forked dogwood; thence with the line of Mrs. John Edwards' property, N. 31 degs. 15' W. 540.2 feet the place of BEGINNING; and containing 2.88 acres. LESS AND EXCEPT 0.054 acre conveyed to the Commonwealth of Virginia by deed recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 511, page 521. LESS AND EXCEPT 0.43 acre conveyed to Cletus H. Bittle, et al, by deed recorded in the aforesaid Clerk's Office in Deed Book 1117, page 535. LESS AND EXCEPT 0.023 acre conveyed to Cletus H. Bittle, et al, by deed recorded in the aforesaid Clerk's Office in Deed Book 1128, page 811. \1JOLLY\SYS\USERS\CBaumgardnerlZONING\Rke Garden Clubs LEGAL.doc ~~ -~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 24, 2004 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 2.37- ACRE TRACT OF REAL ESTATE LOCATED AT 3640 COLONIAL AVENUE (TAX MAP N0.77.18-3-15) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF C-1 WITH CONDITIONS UPON THE APPLICATION OF ROANOKE COUNCIL OF GARDEN CLUBS, INCORPORATED WHEREAS, the first reading of this ordinance was held on January 27 2004, and the second reading and public hearing were held February 24, 2004; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 3, 2004; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 2.37 acres, as described herein, and located at 3640 Colonial Avenue (Tax Map Number77.18-3-15) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of C-1, Office District. 2. That this action is taken upon the application of Roanoke Council of Garden Clubs, Incorporated. 1 ~ ~ ~. -. w;.... 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) The subject property will be developed in substantial conformity with the concept plan dated January 14, 2004, and with the architectural rendering dated January 30, 2004, both prepared by Rife & Wood Architects. (2) Use of the property will be limited to activities of or sponsored by the Roanoke Council of Garden Clubs, Incorporated including offices, meetings and rental of the building. (3) Applicable Colonial Avenue Corridor Design Guidelines shall be in effect with the word "shall" replacing the word "should" as determined during the site plan review process. (4) The proposed building shall be limited to 6,000 square feet of gross floor area and 26 feet in height. (5) Exterior building materials shall be of brick and wood. (6) Parking to the rear of the building shall not exceed sixty (60) spaces and no parking shall be constructed in front of the building. (7) Monument-style signage at the entrance of the property shall not exceed 35 square feet. Total site signage shall not exceed 70 square feet. Temporary signage shall be limited to activities directly related to the Roanoke County of Garden Clubs, Incorporated. 4. That said real estate is more fully described as follows: 2 '.. .,>. BEGINNING at a post, corner to C. W. Trent and Mrs. John Edwards on the south side of Bent Mountain Road, also called Poorhouse Road; thence with the south side of said road N. 52° 15' E. 237.0 feet to an iron pipe, corner to J. D. Wilson 2.00 acre tract; thence with the lines of same, S. 31 ° 15' E. passing an iron pipe in field at 365.0 feet, in all 510.0 feet, to a stake in outside line of C. W. Trent property; thence with the outside line of C. W. Trent property S. 44° W. 245.0 feet to a stake near small forked dogwood; thence with the line of Mrs. John Edwards' property N. 31 ° 15' W. 540.2 feet to the Place of Beginning; and containing 2.88 acres. LESS AND EXCEPT 0.054 acre conveyed to the Commonwealth of Virginia by deed recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 511, page 521. LESS AND EXCEPT 0.43 acre conveyed to Cletus H. Bittle, et al, by deed recorded in the aforesaid Clerk's Office in Deed Book 1117, page 535. LESS AND EXCEPT 0.023 acre conveyed to Cletus H. Bittle, et al, by deed recorded in the aforesaid Clerk's Office in Deed Book 1128, page 811. 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. 3 Jan 22 04 05:14p RIFE & WOOD F3RCHITECTS 1(540] 344-5982 P 1 • Post-ttP Fax Note 7Ei72'.~ N~.~~Pages ~ Toda~sDale ! •~~~/]'me v"°"" ~ lJ`y `",-. .,mr ~ o To ~~ •ff _ Vin/(,/, From ~GZi f/VWY/1 ~"'~ `w"a~~,s'~; ~~~ ~~ 1 Wi~NI~ Cempa~y Loralion ~ l.otalbn ~f ~ De7f.Cnarge Faxs 7'~/Z, 2i0;~ Ta'eptwraY fax if ,rwo• 3.f/y_~82Te~phoneY Comment brignral 77~~CC ~]``D11eS~-~[[~ ~ + ^ ~enrtr. ~ Call for pickup Disp~sil~cn Cou1u ( ~ Ga+~~ GNU 6 s ~ ~ ~ _ ~ 6 ~ ~ ~ V ~a g ~~ • D y `~ p~IkL . Q ... .A C ~ i ~ Gp L ~ ~t ~ ~ ~;~- - ~ , LauvSt~.PE dDtAS 1 ~ m~ sai r ~ `~ ~ 1 ~ s~ 1 ~ ~ - ~ ~•. ~~- 1 ~~ . ~1 1 I I 1 24' DOVGMfM 04VI0 E BItbB ~ l , 3(o5D (A101:1(4L ~ . t 1 ' ( L i ~ ~ ~ (' 30' B!1>~~'' ~ ~ ~ 1 . ~~ = ~`'.. ~ ~ ~ ~t sum p -KPE 2 1 ~ ' .i f , ~ , APPS lo~ __.I s I i o c' I 1 e• PARlOI\GTOTALS ~Q ' ~ ~~ ~' i ADA i Handicayped Syaas 2 'tit{1~.~ ~ 13 Standard Spaces +~¢ I ` I Total Spaces 60 i~ . r- I - li CONCEPT SITE PLAN ~, , aen~x )soave 1i.3'7tM >~.r t: as e 1 Roanoke Council of Garden Clubs 3640 Colonia(Avca~e 4 j ~• Roanoke County, VA ~ ~ ~ 7'ex map • O; t.18-03.1S-CO ~~ wr. a waoa e.c6URn ~ ' ~ rs:swd. xa.s law.b,VA ]tllf Comr. Ns C}Ii ' ^ ~ 1 ~. 1 1 • ROANOKE COUNTY Applicants name: Edward A. Natt DEPARTMENT OF Zoning: Proposed C-1 COMMUNITY DEVELOPMENT Tax Map No. 77.18-3-15 -~~.,. ,~ ~t rr -_._---.- - -- - - - ---- ---- _ - ~ .. -4 ~ - _ ~; -- _ !1 ~- ,. ~~ `L.._ .,~.._ _ .. `' ly - EAST ELEVATION ~ r ~l ~ i i - -- ... l -._-_ -- -_ J ~ - --- - - _=_= e = _ -^~_ -_ _ ._ . -- ~ s a _ _ ., __ _ i ......-r,'., -~1~ _ s ~ -- _-' _ _.. - - - _.. .- w .r-r~ ' ~. .' ... /~ I ,'. i ' y^- ~ -__-. ~ ~: ~ - • - - _ ___ 4 __ 1'_. ice-, ..~ ~ :_o N __.. __ _ _ ~\ NORTH ELEVATION -COLONIAL AVE. -. _ CONCEPT BUILDING ELEVATIONS ' Detc 3~wuy 30.2004 _ Sole SS's I'-0" Roanoke Coundl o[ Garden Clubs 3640 Colonial Avenue Roaaokc County, YA R ~S ~ # ~ a . Rife + Wood Roanoke Council of Garden Clubs ~ ~ O S ~ A R C g I T E C T S 3640 Colonial Avenue Romoke,' VA 24015 (540) 344-6015 Roanoke County, VA ~ -~ .. ~ v ~ ~ r1 E ~2B~D ~. G a L p Jul. l Dr t- ~.11ttY ~vE _ ~ _ ~ ~:~~DSLdPE ~ l ~ac~ ~,~ ~ r~eN saw `-- y s~ 1 '~~ ~ ~~~ j l 1. ?4' fMinW~t~( 04VID E 81T~-~ l I 36so lA~ou~ ` 1 ~. ,. ~ it 1 i ~ ~t ~~~ 5'fOQAAw~~roe ~ ~ 1 1~(PE 1 ~~,~ ~ t / 1 Nos' n~ ~ y ~ O` ~ ~i~ / / ~ ? r i ~ 1 ~ ' 1 / 1 S `t 2A' 8U ~e -KPE 2 ~; .... . ` j{aWilf ~E CaQR~Fal l 1 ~ ~l I Dd~dF~1682 CBS ~ 1 ~ DQDP __ 1 ~ APF~ ~ Ui . + .i I II 1 - I PARKING TOTALS ADA /Handicapped Spaces 2 Standazd Spaccs + 56 Total Spaces 60 CONCEPT SITE PLAN Rcvi><ed Jmuary i 4, 2004 Snle 1: )0 Roanoke Council of Garden Clubs 3640 Colonic( Avenue Roanoke County, VA Tax map ~ 077-18-03-IS-00 Rte & Wood Architec[s 13]6 Goodin Aad Rouroks, vA 2W13 Conn 4a. 0351 .: ie I :~ >; b~ >,. ~ v> >r ., ¢ G o ,A g .. c U o ~ ~ U o ~ o ~ O ~ ~ m y 0 G 0 N ~ r '1 H $ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 24, 2004 ORDINANCE 022404-7 TO AMEND CONDITIONS ON A 157-ACRE PORTION OF A PLANNED RESIDENTIAL DEVELOPMENT ORIGINALLY CONSISTING OF 302 ACRES (WILSHIRE) AND TO REZONE 32 ACRES FROM R1-C TO PRD, LOCATED SOUTH OF THE BLUE RIDGE PARKWAY AT MILEPOST 125 IN THE CAVE SPRING MAGISTERIAL DISTRICT UPON THE APPLICATION OF LAND PLANNING 8~ DESIGN ASSOCIATES, INC. WHEREAS, by Ordinance 032696-9 the zoning classification of a 302-acre tract of real estate located on Cotton Hill Road, north and south of the Blue Ridge Parkway was changed to PRD, Planned Residential Development District; and WHEREAS, by Ordinance 122199-13 conditions on said PRD were amended; and WHEREAS, the planned PRD known as Wilshire was never developed; and WHEREAS, Land Planning & Design Associates, Inc. has now made application to amend to the proffered conditions adopted by Ordinance 032696-9 and amended by Ordinance 122199-13 as to an approximate 157-acre portion of the original 302 acre parcel of real estate; and WHEREAS, Land Planning & Design Associates, Inc. has also made application to rezone a 32-acre parcel from R1-C, Single Family Residential with Conditions, to PRD; and WHEREAS, the first reading of this ordinance was held on January 27, 2004, and the second reading and public hearing were held on February 24, 2004; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 3, 2004; and 1 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 amendments to proffered conditions including all written and graphic information submitted by Land Planning & Design Associates, Inc. as part of this Planned Residential Development to be known as Mason's Crest, including the "Rezoning/Revisions to PRD Master Plan Application for Mason's Crest, Roanoke County, Virginia" Developer Radford & Company, Prepared by Land Planning & Design Associates, Inc., dated December 19, 2003, on the real estate located south of the Blue Ridge Parkway at milepost 125, consisting of approximately 157 acres (Part of Tax Map No. 96.02-1-2, Part of Tax Map No. 96.02-1-1, Tax Map No. 97.01-2-17, Tax Map No. 97.03-2-5) are hereby accepted by the Board of Supervisors. 2. The 1996 and 1999 conditions continue in effect for the remaining property which was the subject of these conditions. 3. That the zoning classification of a certain tract of real estate containing approximately 32 acres and located south of the Blue Ridge Parkway on Merriman Road (Tax Map No. 97.03-2-2) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R1-C, Single Family Residential District, to the zoning classification of PRD, Planned Residential Development District. 4. That the owners of the property (totaling approximately 189 acres) Nicholas H. Beasley and Susan Beasley, Houghton Enterprise, LP, and Radford & Associates have voluntarily proffered in writing conditions including all written and 2 graphic information submitted by Land Planning & Design Associates, Inc. as part of this Planned Residential Development including the "Rezoning/Revisions to PRD Master Plan Application for Mason's Crest, Roanoke County, Virginia" Developer Radford & Company, Prepared by Land Planning & Design Associates, Inc., dated December 19, 2003, on the real estate located south of the Blue Ridge Parkway at milepost 125, consisting of approximately 189 acres more fully described in Exhibit A attached hereto (Part of Tax Map No. 96.02-1-2, Part of Tax Map No. 96.02-1-1, Tax Map No. 97.01-2-17, Tax Map No. 97.03-2-5, Tax Map No. 97.03-2-2) are hereby accepted by the Board of Supervisors. 5. That this action is taken upon the application of Land Planning & Design Associates, Inc. 6. That said real estate is more fully described as follows: Exhibit A entitled "Legal Description for Mason's Crest PRD" 7. 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 Wray to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None 3 A COPY TESTE: Diane S. Childers Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 4 :~~- ~, .r ,. f I,ega___ 1 des_cnption for Mason's Crest PRD P the ortion of Wilshire PRD, Le al Description of Property Located on the South Side of Being p g the Blue Ridge Parkway (see attached). In addition too approximately 31.14 acres currently owned by Houghton Enterprise LP being tax parcel number 097.03-02-02.00-000. Less and except approximately 63 acres being pledged to the Western Virginia Land Trust, and less and except the approximately 15.66 acres conveyed to Cotton Hill Land Company LC by Nicholas Beasley, see plat dated 2-12-03, prepared by Lumsden Associates, P.C., recorded plat book 26 page 93. Exhibit ~ Mason's Crest PRD, Master Development Plan Roanoke County, Virginia • Legal Description of Prmperiy L,c~caied an South Side of the Alue Ridge Parkway PARCEL I BEGINNING at a point at #~, corner to the "Flag Meadow" tract anal which Starkey M f , . T. tract No. 4 of the•partition of tYie lands o 16-1/2 feet from a 20 inch vrhit:e oak; thence ' • W ° 30 . point is S. 4 ith the I~ne of the "slag Meadow" tract S. 14° 14` E. 1031.5 feet w to corner #2, a stake by marked oaks and maples, and carver to ith the dividing line tract No. 6 of said partition; thence w 5 and 6 of said partition ltii. 50° 02' E. 3390 between tracts Nos. r #3; thence N. 11° 48' W. 1051.3 feet to corner #4, feet to corne z0-1/2 £eet in an easterly direction from a large white oak; thence ek k C , re N. 75° 18' E. 1089 feet to corner #5 in the middle of Bac in a westerly direction from an old marked approximately 25 feet sycamore tree; thence with Back Creek, N. 41° 52' W. 603.3 feet to t t o corner #6; thence still with the creek N. 25° 31' W. 406.3 fee iddle of Back Creek; thence leaving the creek S. corner #7, in the m 788 feet to corner #~8, a fence post coiner of the b9° 54' W . southerly side of an old road; thence S. 12° 36' E.• 247.5 feet to thence with the division line corner #9, a fence post corner; 4 and 5 of said partition, S. 41° 30' W. 3662 between tracts Nas. feet to the PLACE OF BEGINNING, containing 112.7 acres, as shown by a inap of C. B. Malcolm, State Certified Engineer, dated August 12, 1941, attached to and recorded with Deed in Deed Book 311, page f the 5 o 253; and "BEING the westerly portiori of tract Igo. Starkey, a plat of which, made by M lands of T h f • • . . e t partition o 3ogeph Ft. Floods, Surveyor of Roanoke County, dated August, 1901, is k Ro e ano of record in the Clerk's office of the Circuit Court of County, in Surveyor's Record 4, page 32; and LESS ANI3 EXCEPT a conveyance of 9.50 acres "Parcel 2," as recorded in Roanoke County Deed Book 444, page 438; and ` THERE IS FURTHER EY.CEPTED therefrom that portion of the above described property which lies north of the Blue Ridge Parkway. PARCEL II BEGINNING at a stake at a fence corner, designated or. annexed plat as Corner #1, said corner being Corner #k2, as described in that certain conveyance of 107.5 acres from Mrs. Henrietta P. Starkey to f record in the Clerk's Office of the Circuit d d o ee David trade, by rt of Roanoke County, Virginia, in Deed Book 24, page 345; Cou . , thence with the westerly line of the property of said David Wade, l l i n a 39° 0' E. crossing an old road in a hollow, at 205 feet, 5 . 2E.4 poles {435.5 feet} to a stake at Corn.tar #2 (this corner #2 is S. 2~O 0' E. 16 feet from a marked 22" pine; thence w:;.th a ~ S. 51° 0' W. crossing a northerly line of said David tJade's 1and, hollo~x at 670 feet, and crossing another hollow at 1:L00 feet in all 94 poles (1551 feet} to a 7" marked sourwaod tree at Lerner #~3; ce with the line of David Wade N. 39° 0' W. crossing a hallow ther _ at 252 feet and passing 2 1~'2 feet easterly from a doable e" maple at 419-1/2 feet, in all a total distance of 26.4 poles (435.6 feet) ' to a stake at corner #4 on the original southerly boundary line of ed to titi d l ~ %~ { • on ar par the original Tract #(5, of the T. M. Starkey - ~ ~ ~~ ~„' L( Mrs. Eliza B. Smith; thence with the said southerly boundary. line _..__ ______ _._.__. of the property of said Mrs. Eliza B. Smith, naw owned by the Harris Hardwood Company, Inc., IQ. 51° 0' E. 94 poles (1551 feet} tc the PLACE OF BEGINNING, and containing 15.75 acres; . PARCEL III BEING all of the land and property of E. Murray Fiammand, et ux lying and situate along, adjacent to, and south of the tract or parcel of land containing 1.9.27 acres, more or less, conveyed to the Commonwealth of Virginia by the said E. Murray Hammmond, et ux for the Blue-Ridge Parkway by deed dated August 29, 195]., and duly recorded in the Office of the Clerk of the Circuit Court of Roanoke County, which land ar_d property hereby conveyed is further • described as BEGINNING at the extreme southeast corner of the said tract or parcbl of land containing. 19.1'7 acres,, more or less, which is the extreme northeast corner in the said land and property hereby conveyed, and in the property line between the E. Murray Hammond, et ux and Thomas H. Beasley, et ux; thence along said property line, S. 39° 56' 30" 'rt. 3102.27 feet to a corner in the property line of Arthur; thence with the last named property Line N. 17° 11' 00" W. 71b.e feet to a corner in the property line of Harvey; thence with the last named property line five courses: {1) N. 49° 12' 00' E. 297.0 feet; {2} 1V. 17° 51' 00" E. 26°.0 feet; {3) N. 6B° 12' DO" E. 339.9 feet; {4} IJ. 34° 34" 00" E. 216.2 feet; {5) N. 87° 00' 00" W. 604.5 feet to a corner in the property line between E. Murray hamrnond, et ux and Thomas H. Beasley, et ux; thence with the last named property line, N. 13° 28' 00" E. 1045.2 feet to a corner in the said tract or parcel of land containing 19.17 acres, more or less, conveyed to the Commonwealth of Virginia by E. Murray Hammond., et ux; thence with the last named tract or parcel cf land three courses: {1) N. 86° 13' 00" E. 898.0? feet; {2) IJ. 84° O1' 30" E. 525.04 feet; {3} S. 60° 19` 00" E. 459.77 • feet to the BEGINNING and containing 59.04 acres, mare or less, and • being further shown on a photo copy of a plat entitled "Map of • Residue Parcel of E. Murray Hammond Showing Relationship to Land Accruired from same for the Blue Ridge Parkway," a copy of which i~ attached with deed recorded in Deed Book 467, page 119; and PARCEL IV EEGINNING at gum Redoak and White oak pointers corner to the late J. M. Starkey tract known as the Shartzer tract represented on plat by "2" thence with said Starkey line, S. 46 1/4° E. 1138.50 feet to two chestnuts at 2; thence S. 89 1/2° E. 891.0 feet to hickary and black oab~ pointers at 3 on a ridge; thence the old division line up the Ridge S. 35 1/2° W. 217.8 feet to two dead black oaks to 4; thence S. 66 1/2° W. 334.95 feet to dogwood sourwood and white oak pointers at 5; thence S. 16 lf4° W. 280.5 feet to a sourwaad and dogwood pointers at 6; thence S. 47 1/9° W. 297.0 feet to red oak and dogwood pointers at 7; (the above i9 copied from Deed dated. February 21, 1938 of conveyance to Lillie May Harvey by Deed of -record in the Clerk's Office of the Circuit Court for Roanoke .' County, Virginia, in Deed Book 271, page 34Q and is identical •' except for changing poles to feet to conform vaith partial survey and balance of description), now being evidenced by a 24" red oak ~~ I C./ '."t~ 2. f : ~ {l, ,.»... ~" and being corner to~fenced lines extending to west and soutY:east; thence leaving corner 7 and with a new staked~~line aczoss the Lillie May Harvey (widow} property whose bearing on the Deed meridian is N. 45° W. and whose magnetic bearing in 2965 is N. 42 W, passing the interior parcel line in the Harvey property at about 1,704 feet r:-ore or Less, passing a 24" white oak with gate hinge on line at 1807.6 feet in all a total distance of 1821.2 feet to new Corner 11 on the northwest line of the 34 acre and 34 pole Harvey tract; thence with the northwest line of same passing old corner IO at about 65 feet in all a total distance of 419.9 feet to the PLACE OF $EGT_iVNING, containing 22 acres mare or less and being the greater northeasterly portion of the 34 acre and 3.7 pole parcel and a srr,all northeasterly portion of the 34 acre and 34 pole parcel conveyed to Lillie May Harvey of record as aforesaid, and being shown on a plat of partial survey by C. B. Malcolm and Son, Engineers, dated July 30, 1965, a copy of which is attached and recorded with Deed in Deed Baok 780, page 520; and PARCEL V {A) All that certair_ tract ar parcel of land lying on the south side of the Starkey and Back Creek Raad about one-half miles west of Starkey and about six miles southwest of Roanoke, in Roanoke County, Virginia, and described as (allows: BEGINNING at a point in the center of the Back Creek an3 Starkey Road corner to the 44.07 acre tact recently sold to F. C. Collings; thence alcng the center of said road the follaeaing courses and. distances: N. 58° 50' W. 7,51 poles; thence S. 80° 30' 47. 22.37 poles; thence B. 75° W. ~, '_0.75 poles; thence N. 81° 50' W. 4.94 poles; thence i~T. 75° 67. 23.51 poles; thence N. 43° 45' W. 2.12 poles to a point iri center of road at corr_er marked No. 1 on map, corner to C~.ir_nirgham {row Wiseman) land; thence leaving the road and with Cunningham's line passing just on the west side ref a large roc}: on the north side of Back Creek; S. 34° 40` jd. crossing the creek at 4 1/2 poles, in all 65.75 poles to a chestnut at "2" corner to the Muse -land; thence with line of same, S. 60° 55' W. 71 poles to a-stake where a black oak stump stood inside of lot at "3"; thence according to the Survey made by J. P. Woods, S.R.C., August, 1901, S. 18° 30` E. 48 poles tU a stake at "4"; thence S. 1° 30' E. 22 p{31eS t0 3 3tr3ke, a pine and white oak marked as painters at "5"; thence S. 85° s~. 4 poles to a wI-xite oak and maple at "6"; corner tc the James ~iarxis (now Harvey); and thence with the line of same, S. 45° 8' E. 58.5 poles to two chestnuts and gum at "7" ; thence S . 88 ° 15' E . 18 poles to a stake and maple and chestnut marked as pointers at "8" cornier to (210. "4"} now D. S~illiam Good' s land; thence with the same, N. 12° 45' E. 63.5 poles a part of the way through the woods and along a fence to a stake on the west side of fence to "9" (76); thence N. 38° 52' E. 14.9 poles to a stake by the fence at "10" a corner to the 44.07 acre trace sold to Collings; thence according to the survey made by G. L. Poage, S.R.C., May 1, 19.'.2, N. I9° 50' E. 763 feet to an iron ping; thence N. 24° E. 1603 feet to the PGINT OF BEGINNING and being a part of the same land conveyed to H. B . Nercerau and Z . B . Hancock by Dr . George E . Lawson. and wife by ~,., ,.i~„ deed dated September 9, 1919, and recorded in the Clerk's Office of~ 1 2 . g h~J ~f.~7 e s- `I the Circuit Court for Roanoke County, Virginias in. Deed _Book..99., -.... _ --.--_-__-- page 3B8; and (B} F.11 that certain tract or parcel of land lying south of Back Creek, about two ~r,iles west of Starkey, in the County cf Roanake, Virginia, bounded and described as~fallaws: BEGINNING at a stone by a white pine at "A" corner Co the 35.82 acres laid off to Henry Wiseman and the land known as the white tract; thence with fine of same, S. 61° W. 55 :poles to a stake at "2"; thence S. 17° 30' E. 48 Holes to stake at "3"; thence S. OD° 30' E. 22 poles to a stake at "4"; thence S. E6° W. 4 pales to a stake., a white oak and maples marked as pointers at "5" corner to John Harvey's land; thence with the line of his land S. 48° 45' W. 132 poles crossing the branch and public road to a stake south of a marked gum at "6", corner to Martin's land, and with line of same, N. 56° 45' W. 34 poles to a stake two feet south of a pine at "7" corner to B. S. Harris land; thence with the Zine of same N. 5i° E. 54 poles crossing the branch 3D feet to a stake at "8"; thence N. 2?° 30' W. 49 poles crossing twa branches to a saur~+~ood and black oak at °' 9 " corner an E - M r:arris line; thence with his line K. 47° E. 38.5 poles to a Stake at "i0t°; thence N. QO° 30' W. passing E. M. and B. S. Harris property line at 37.5 poles in all 45 poles to a point in a hallow 8 feet 5. 54° C~'. to a marked white ask at "I.l"; thence down the i~ollaw N. 88° E. 28 poles to a stake south of the hollow at "12"; thence N. 44° 3~' E. 12 poles to a stake at "13"; thence N. 22° 30' W. 2.3 poles to a rock, corner to the 35.82 acre tract surveyed for • Henry Wiseman at "14"; thence with line of same crossing the branch at 30 feet, N. 49° 30' E. 27.5 poles to a black pine at "35"; thence S, 75° 45' E. 61 poles to the BEGINNING, containing 63.02 acres according to a survey made by G. , L. Poage S.R.C. July 6, •. 1920, and being the same Iand conveyed to H. B.~Mercerau and Z. B. Hancock by Henry Wiseman and wife by deed dated July 1,- 1920, recorded in the Clerk's Offices of the Circuit Court •af Roanoke County, Vixginia° in Deed Book 106, page 390; and PARCELS "(A}" and °(B)+~ as hereinabove described are LESS AND EXCEPT THE .FOLLOWING: 1. 37.93 acres as conveyed in Deed Book 444, page 438, shown as "Parcel 3." . 2. That certain 2.93 acre parcel as conveyed in Deed Boo}t 465, page 500. 3. 'T'hat portion of the above described property which lies north of the Blue Ridge Parkway. . THERE IS ALSO CONVEYED as an appurtenance hereinabove described. a road 10 feet in width the "Eighth10 paragraph of deed of record in the the Circuit Court of Roanoke County, Virginia, page 438. •. to the property as described under Clerk's Office of in Deed Book 444, `~'~~~ V~ h ~~ 2.h. n ~r~ :~~~~ ' comet: 94-a4 Description far that portion of Roanoke County.tax parcel 9~i.07-1-6 lying to the south of Ashmont Drive being 0.423 acres of land lying at the southeasterly intersection of Sedgewick Drive (50' R/W) and Ashmont Drive (50' R/W~ in the Cave Spring Magisterial District of Roanoke Caurity, Virginia, and being mare particularly described as follows: BEGINNING at corner #1, said corner being a point on the southerly right-of-way of said Ashmont Drive and the northwesterly corner of Lot 17, Block 1, Section 2, Ashmont in fihe Graves as recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Baak 17, Page 90; Thence with the line common to said Lot 17 end the herein described property, S 17' 5'L' 25" E, 138.44 feet to earner #2, said corner being th.e southwesterly corner of said Lat 17 and the northerly corner of Lot 3, Block 2, Section 1, The Groves, as recorded in the aforesaid clerk's office in Plat Book 17, Page 89; Thence with the line camman to said Let 3 and the herein described. prcperty, S 7D' 36' 21" W`, 121.11 feet to corner #3, said corner. being a point on the easterly right-of-way of Sedgewick Drive and the northwesterly corner of said Lot 3; Thenoe with the line common to the right-of-way of Sedgewick Drive and the herein described property for the following 3 courses-and distances; a curve to the ler"t whose radius = 285.44 feat, length = 89.41 feet, tangent = 45.0? feet, delta = 17' 56' 49", chord bearing and distance of N 19' Q7' 29" W, 89.09 feet to corner #4, said carner~being a point of tangency on the easterly right-af-way of Sedgewick Drive; . Thence N 28° 05' 53" W, 36.06 feet to corner ~5, said corner being a point of curvature an the easterly right-of-way of Sedgewick Drive; Thence with a curve to the right whose radius = 25.0 feet, length = 40.72 feet, tangent 26.49 feet, delta = 9~3' 1S' S4", a chord bearing and distance of N 18° 33' 34" E, 36.36 feet to corner. #6, said corner being a point of compound curvature on the southerly right-of-way of Ashmont Drive; Thence with the line common to Ashmont Drive and the herein described property, a curve to the right wtiase radius = ?35.44 feet, length = 109.47 feet, tangent = 55.74 feet, delta = 2G° 38' 28", a chord. bearing and distance of N 78° 32' 15" P~, 108.49 feet to the Poii7t of Beginning, containing 0.423 acres± and being part of the remaining portion of Tract C, as shown on the plat of Resuhdiuisian of Property of Nicholas H. Beasley and Strauss Cons::ructian Corporation, dated August 2, 2994, as recorded in the aforesaid clerk's office in Plat Boak 17, Page 3. • ,.V u' ~v ~~~~ ~ ~~~ e } PETITIONER: Land Planning & Design Association CASE NUMBER: 4-2/2004 Planning Commission Hearing Date: February 3, 2004 Board of Supervisors Hearing Date: February 24, 2004 A. REQUEST The petition of Land Planning & Design Associates to amend conditions on Planned Residential Development consisting of approximately 157 acres and rezone 32 acres from R1-C Single Family Residential District with conditions to PRD, located south of the Blue Ridge Parkway at milepost 125, Cave Spring Magisterial District. B. CITIZEN COMMENTS None. °""~ C. SUMMARY OF COMMISSION DISCUSSION Ms. Janet Scheid presented the staff report for this petition. She read portions of a letter into the record from Mr. Gary Johnson, Chief Resource Planning, Blue Ridge Parkway expressing the Parkway's support of this project. Petitioner's gave a short power point presentation depicting the views from the Blue Ridge Parkway. Mr. McNeil asked about private roads within the proposed subdivision and Ms. Scheid explained that all private roads would be built to VDOT construction standards. D. PROFFERS Per Section 30-47-5(B) of the Roanoke County Zoning Ordinance all written and graphic information submitted as part of a Planned Residential Development rezoning request constitutes proffered conditions. E. COMMISSION ACTION(S) Mr. McNeil made the motion to approve the rezoning request. The motion carried 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission ~'~ ,... - ~~.a~ -_ STAFF REPORT Petitioner: Land Planning & Design Associates Request: Amend Planned Residential Development proffered conditions on 157 acres and rezone 31 acres from R-1c to Planned Residential Development Location: Merriman Road and the Blue Ridge Parkway at Mile Post 125 Magisterial District: Cave Spring Magisterial District Proffered/Suggested Conditions: Attached Planned Residential Development submittal including text and graphics. EXECUTIVE SUMMARY: The petition is a request to amend conditions on 157 acres zoned Planned Residential Development and rezone 31 acres from R-1 Single Family to Planned Residential Development. Petitioners propose a maximum of 400 dwelling units consisting of a combination ofsingle-family attached and detached units. Due to this range of housing types the number of school children generated from this development will be considerably less than the current zoning allows. The development is accessed from Merriman Road. Open space is woven throughout the proposed residential development and accessed by both sidewalks and walking trails. The petitioners have worked closely with the Blue Ridge Parkway staff to protect critical Parkway view sheds and have pledged an adjoining 63-acre property to the Parkway. The pledge is not, however, proffered as part of this petition and should be considered as an independent action. The property is designated Development in the Roanoke County Community Plan. This proposed residential community is consistent with that designation. Staff recommends approval of this petition to amend proffered conditions and rezone. The proposed development is innovative and will offer a model neighborhood to County residents. The extent to which the developer has protected natural resources and scenic views from the Parkway should be recognized and commended. 1. APPLICABLE REGULATIONS Section 30-47-5(B) of the Roanoke County Zoning Ordinance requires that all written and graphic information submitted as part of a Planned Residential Development rezoning request constitutes proffered conditions. Site plan review will be required. Commercial entrance permit will be required from the Virginia Department of Transportation. Review and update of right-of-way permit from the National Park Service for public utility facilities is required. ~u:;.~b ~~.~ 2. ANALYSIS OF EXISTING CONDITIONS The majority of the 188 acres is wooded with some steep topography. There are several drainages both intermittent and perennial. There are critical views to this property from the Blue Ridge Parkway. The petitioners have worked closely with the staff of the Blue Ridge Parkway to determine the specific location of these views and to insure that the critical views are protected. The 63-acre property adjoining the area encompassed by this petition has been pledged by the developer to the Western Virginia Land Trust. This pledged conveyance is a gift in fee simple with no retained interests. The pledge is not, however, proffered as part of this petition and should be considered as an independent action. In 1996 Boone, Boone & Loeb, Inc., as contract purchasers, successfully rezoned 235 acres to Planned Residential District. The 235 acres overlaps with the current petitioners' property in some areas. Please refer to attached Map #1. Under the 1996 rezoning action, Boone, Boone & Loeb, Inc. was allowed to build approximately 800 houses at a density not to exceed 3.5 dwelling units per acre. Please see Table #1 for a comparison of density, open space and traffic generation between the 1996 zoning and the current request. The Boone, Boone & Loeb plan included approximately 44 acres of open space. The access to the property was from Cotton Hill Road. In 2003 Boone, Boone & Loeb released their option on all but 15.66 acres of this property that adjoins Cotton Hill Road. Properties surrounding the petitioners' land include single-family residential, large lot single family residential and the Blue Ridge Parkway. 3. ANALYSIS OF PROPOSED DEVELOPMENT The petitioners' project began with a review of the original 1996 Planned Residential Development (PRD). Many of the architectural guidelines remain the same. See Table #2. Petitioners propose to construct no more than 400 single-family homes for a density of 2.1 dwelling units per acre (400 houses divided by 188 acres). The gross acreage for the PRD includes all acreage within the limits of the PRD including acreage dedicated as open green space. A single access is proposed from Merriman Road. The Mason's Crest Planned Residential Development will provide specific communities within the PRD with three different housing types: 1) Single Family with Architectural Guidelines and Single Family without Architectural Guidelines are conventional single family detached housing. Petitioners anticipate building approximately 120 single-family homes. Each lot may be 6,000 square feet but petitioners anticipate a minimum size of 7,200 square feet; 2) Cluster Homes Attached (approximately 96 homes) have zero lot line side yards. They are primarily attached in pairs but there may be a small proportion of three building units; and 3) Village Cluster Single Family (approximately 184 cluster homes) are reduced lot traditional neighborhood style homes with architectural guidelines. The Village Cluster housing type is an attempt to provide single- family housing with a strong neighborhood identity and pedestrian focus. It is a detached home with minimal side yard and front yard setbacks. For more detail on the development standards for each housing type please see Table #3. There are no multi-family or town home units proposed in this revised PRD. 2 ~ ~ ..&sG~~,..~ In an effort to understand the potential visual impacts of this development on the Blue Ridge Parkway, the developer's created a 3-dimensional computer model of the project that depicts the following: preliminary grading of roads and lots, scaled models of all housing unit types located on each potential building lot, existing vegetation to remain and proposed buffers. Still renderings and animations were created from the point of view of someone traveling along the Blue Ridge Parkway. The total open green space area will comprise approximately 93 acres of property or 49.5% of the total site. There are two different types of open green space: 1) Home Owner's Association (OGS/HOA) = 85 acres and 2) Amenity Recreation Areas (OGS/ARA) = 8 acres. The National Park Service supplied the developer with GIS mapping that identified the areas of visual sensitivity to the Parkway. This information was overlaid with the detailed 3-dimensional computer model and determined the areas to be set aside as view shed protection for the Parkway. The homeowners' association open green space will be maintained as a natural area. The 8-acre Amenity Recreation Area will be for the use of residents and will include, but not be limited to: a community center, parking and access road, pool and patio, tennis courts, gazebo, open lawn/play area and trails. All trails are shown on the Master Development Plan. The developer maintains the discretion to develop the trails as hard surface or as woodland soft-surface pedestrian only trails. The intent is to develop the trail system near the Amenity Recreation Area as hard surface trails. PUBLIC SCHOOLS The school children generated by this residential development would attend, as of this date, Penn Forest Elementary, Cave Spring Middle and High schools. Penn Forest Elementary, per the school administration, has a capacity of 540 children and a current enrollment of 533. The school administration reports that new residential development in the Penn Forest school district is a concern. On the contrary, school capacity at the middle school and high school is not expected to be a concern for a number of years. After consultation with the Director of Operations for the Roanoke County School Administration the following predictions have been made regarding the number of school children generated from the proposed Mason's Crest development: 400 maximum proposed dwelling units (du) Single Family = 30% = 120 du* Cluster Homes = 24% = 96 du* Village Cluster = 46% = 184 du* (Based on ratios of housing types proposed with 347 dwelling units) Single Family Homes: approximately 1 school child/dwelling unit = 120 school children Cluster and Village Homes: approximately 0.2 school child/dwelling unit = 56 school children Total: 176 school children at completion of the development Project expected to build out over a 5 year time frame = 35 school children/year 35 school children: 50% to elementary school = 18 school children/year 25% to middle school = 9 school children/year 25% to high school = 9 school children/year ~; .~... In conclusion, unless steps are taken, Penn Forest Elementary School will have a problem absorbing the predicted 18 school children per year (90 school children over the 5-year build out) into their current facility. The middle school and the high school should not have a problem. FIRE AND RESCUE SERVICES The initial responding station will be Cave Spring, Station 3. The response goal of reaching 80% of all advanced life support emergencies within six minutes will rarely if ever be met from the current facility due to the travel distance and road conditions. The actual time to be expected will be in the seven to eight minute range in good weather conditions and exceed ten minutes in bad weather. Private roads within this proposed development would be 24' wide. This could limit the ability of emergency vehicle access if on-street parking is allowed. The single means of egress for the development causes some concern. PUBLIC UTILITIES Both public water and sanitary sewer of adequate capacity can be provided by extending public facilities. The extension of public facilities will require crossing of Blue Ridge Parkway property. In 1999 the National Park Service issued aright-of-way permit to serve 30 acres fronting on Merriman Road. The Park Service will need to review and update this permit to allow the extension of public facilities across national park property to serve Mason's Crest. BLUE RIDGE PARKWAY Superintendent Daniel Brown of the Blue Ridge Parkway has provided a written statement reporting that the proposed development of Mason's Crest responds positively to the visual resource protection concerns of the Blue Ridge Parkway. Parkway staff has worked closely with the petitioners in designing their project and minimizing impacts on the adjoining national park. ACCESS/TRAFFIC CIRCULATION Access to Mason's Crest will be from Merriman Road. This access road may be public or private but shall be developed to and constructed in accordance with VDOT pubic road standards and shall meet VDOT approvals for turn lanes, site distances and grades. The main entrance road from Merriman Road to the first main 4-way intersection of the PRD is shown as 40' from curb to curb with a 48' minimum ROW. At that point the road narrows down to a 36' wide road to its terminus. A -ong section (approximately 1/3 mile) of the entrance road corridor is not developed with houses due to steep topography. Rustic stonewalls and entry is proposed at the main entry with woodland and slope restoration planting. In comparison, the previously approved PRD was accessed from Cotton Hill Road. In many regards -width of road, width of shoulders and sight visibility -Merriman Road is a preferred access for this revised PRD. All roads within the property may be public or private at the discretion of the developer. All 4 `~-'- private roads within Mason's Crest shall meet VDOT construction standards. All roads designated to be private shall have provisions for maintenance by the homeowner's association of Mason's Crest and private roads shall be noted on the record plats. Private road rights-of- way shall be a minimum of 28' wide with a road width of 20'. The developer has the discretion of installing curb and gutter on the private streets. Signage will be placed at the entrance of private roads identifying that they are private. All private roads shall be accessible to emergency vehicles. TRAFFIC GENERATION It is estimated that approximately 4,000 trips per day will be generated from Mason's Crest at complete build out (400 dwelling units times 10 trips/du). The existing traffic on this section of Merriman Road (2003 counts) is 2,325 vehicle trips per day. A portion of Merriman Road is on the County's Long Range Plan and Six-Year Secondary Construction Plan. However, it is the section from Starkey Road (Rt. 904) to Pine Acres Land (Rt. 1640), not the segment that is adjacent to this development. There are no current plans that include this particular section of Merriman Road. ROAD CLASSIFICATION Merriman Road (Route 613) is classified as a Rural Major Collector. ACCESS/ENTRANCE REQUIREMENTS Section 200.11 of the Roanoke County Public Street and Parking Design Standards and Specifications states: "All residential developments generating more than 1,500 vehicle trips per day shall provide through access and shall connect to an existing state road in at least two locations." Mason's Crest could is expected to exceed this 1.500 criteria. The current circulation plan shows only one access location on to Merriman Road. If the developer cannot find a way to create another access point on to Merriman Road the applicant must submit a waiver request to the County. The County has the right to require additional improvements at the entrance. Typically, the County requires a 4-lane divided entrance to allow personal vehicles and emergency vehicles ingress and egress in the event of an emergency situation. PEDESTRIAN CIRCULATION The circulation plan shows sidewalks throughout most of the PRD. As some roads may be public the petitioners will be working to convince the VDOT of the merits of sidewalks in their proposed community. It is recommended that sidewalks be extended to Merriman Road due to the potential for bicycle/pedestrian facilities with any major upgrade/improvement project. In addition to sidewalks the master development plan shows a trail system throughout the proposed development. This trail system will serve as a connection between different neighborhoods, a pedestrian access to the recreational amenity area and access to the open space areas. The trails may be hard surface or natural surface and will be constructed in phases. The petitioner proposes to begin construction of the trail system at the start of Phase 2 and have it completed by the end of Phase 4. Mason's Crest is proposed to be built out in five phases. Petitioner will have a map of these phases at the Planning Commission public hearing. 5 S- y TRAFFIC CALMING MEASURES It is recommended that traffic calming measures are implemented within this proposed development. As a residential neighborhood that is striving to be pedestrian friendly it is imperative that conflicts between vehicles and pedestrians be minimized. Some of the streets are wide (36'-40') with some straight stretches of road and these are good candidates for traffic calming techniques. Anthony Ford, Transportation Engineer, has offered his assistance in this regard. ARCHITECTURAL GUIDELINES The petitioners have proposed a set of Architectural Guidelines with this development. These guidelines become proffered conditions as part of this rezoning action. Staff has several recommendations concerning these Guidelines. Based on comments from the Fire & Rescue Department it is recommended that only fire retardant roofing be required. This is due to the combination of the wooded location of this development and the distance from the Cave Spring station. Based on previous experience interpreting similar guidelines, it is also recommended that a more specific and enforceable definition of "earth tone colors" be proffered. COMMUNITY MEETING A community meeting was held on January 20, 2004. Approximately 50 citizens attended. The petitioners presented apower-point presentation of their proposed development. Citizens expressed support of the conceptual plans. Concerns were expressed about traffic on Merriman Road and the area road network and buffering between Phase 5 and the adjoining large lot residential neighborhood. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The proposed development of Mason's Crest is located in an area designated Development in the 1988 Community Plan land use map. There are several Blue Ridge Parkway view shed areas also on the property. Areas designated Development are those locations where new residential growth is expected to occur and areas that have the most opportunity for innovative land practices. A mix of housing types and densities and self-contained neighborhoods are encouraged. The protection and inclusion of environmental protection practices and natural site amenities should be priorities in these new developments. The proposed Mason's Crest development will be consistent with the design guidelines of the Development designation. The development will consist of unique neighborhoods with different housing types and densities. The neighborhoods will be connected by green space and a trail system. The proposed development will be pedestrian friendly, have an interconnected framework of open space, trails and recreation areas and will protect scenic views from the Blue Ridge Parkway. 6 c _.<~ 5. STAFF CONCLUSIONS Staff is pleased to see the effort and professionalism with which this project and conceptual plan have been developed. The package includes detailed 3-dimensional information on environmental and scenic impacts of the proposed development that are very helpful in analyzing the potential impacts of this development on the community and the adjoining National Park. This is an innovative development plan that incorporates many positive features. The density, at 2.1 dwelling units per acre, is considerably less than would be allowed under the existing site zoning. The result of this lower density can be seen in fewer school children and less traffic than could have otherwise been generated from this site. In addition, the use of Merriman Road versus Cotton Hill Road is an improvement. Merriman Road is better able to absorb the additional traffic than is Cotton Hill Road. The recreational and open space amenities proffered with this rezoning request ensure that this development will be consistent with the Community Plan and literally raise the bar for future residential developments in Roanoke County. DATE: 01123/04 CASE NUMBER: 4-2/04 HEARING DATES: PC: 02/03/04 BOS: 02/24/04 PREPARED BY: Janet Scheid 7 ~'U AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 24, 2004 ORDINANCE TO AMEND CONDITIONS ON A 157-ACRE PORTION OF A PLANNED RESIDENTIAL DEVELOPMENT ORIGINALLY CONSISTING OF 302 ACRES (WILSHIRE) AND TO REZONE 32 ACRES FROM R1-C TO PRD, LOCATED SOUTH OF THE BLUE RIDGE PARKWAY AT MILEPOST 125 IN THE CAVE SPRING MAGISTERIAL DISTRICT UPON THE APPLICATION OF LAND PLANNING & DESIGN ASSOCIATES, INC. WHEREAS, by Ordinance 032696-9 the zoning classification of a 302-acre tract of real estate located on Cotton Hill Road, north and south of the Blue Ridge Parkway was changed to PRD, Planned Residential Development District; and WHEREAS, by Ordinance 122199-13 conditions on said PRD were amended; and WHEREAS, the planned PRD known as Wilshire was never developed; and WHEREAS, Land Planning & Design Associates, Inc. has now made application to amend to the proffered conditions adopted by Ordinance 032696-9 and amended by Ordinance 122199-13 as to an approximate 157-acre portion of the original 302 acre parcel of real estate; and WHEREAS, Land Planning & Design Associates, Inc. has also made application to rezone a 32-acre parcel from R1-C, Single Family Residential with Conditions, to PRD; and WHEREAS, the first reading of this ordinance was held on January 27, 2004, and the second reading and public hearing were held on February 24, 2004; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 3, 2004; and 1 1 ~ 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 amendments to proffered conditions including all written and graphic information submitted by Land Planning & Design Associates, Inc. as part of this Planned Residential Development to be known as Mason's Crest, including the "Rezoning/Revisions to PRD Master Plan Application for Mason's Crest, Roanoke County, Virginia" Developer Radford & Company, Prepared by Land Planning & Design Associates, Inc., dated December 19, 2003, on the real estate located south of the Blue Ridge Parkway at milepost 125, consisting of approximately 157 acres (Part of Tax Map No. 96.02-1-2, Part of Tax Map No. 96.02-1-1, Tax Map No. 97.01-2-17, Tax Map No. 97.03-2-5) are hereby accepted by the Board of Supervisors. 2. The 1996 and 1999 conditions continue in effect for the remaining property which was the subject of these conditions. 3. That the zoning classification of a certain tract of real estate containing approximately 32 acres and located south of the Blue Ridge Parkway on Merriman Road (Tax Map No. 97.03-2-2) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R1-C, Single Family Residential District, to the zoning classification of PRD, Planned Residential Development District. 4. That the owners of the property (totaling approximately 189 acres) Nicholas H. Beasley and Susan Beasley, Houghton Enterprise, LP, and Radford & Associates have voluntarily proffered in writing conditions including all written and 2 r , graphic information submitted by Land Planning & Design Associates, Inc. as part of this Planned Residential Development including the "Rezoning/Revisions to PRD Master Plan Application for Mason's Crest, Roanoke County, Virginia" Developer Radford & Company, Prepared by Land Planning & Design Associates, Inc., dated December 19, 2003, on the real estate located south of the Blue Ridge Parkway at milepost 125, consisting of approximately 189 acres more fully described in Exhibit A attached hereto (Part of Tax Map No. 96.02-1-2, Part of Tax Map No. 96.02-1-1, Tax Map No. 97.01-2-17, Tax Map No. 97.03-2-5, Tax Map No. 97.03-2-2) are hereby accepted by the Board of Supervisors. 5. That this action is taken upon the application of Land Planning & Design Associates, Inc. 6. That said real estate is more fully described as follows: Exhibit A entitled "Legal Description for Mason's Crest PRD" 7. 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. 3 .....~ ,~ Legal description for Mason's Crest PRD Being the portion of Wilshire PRD, Legal Description of Property Located on the South Side of the Blue Ridge Parkway (see attached). In addition too approximately 31.14 acres currently owned by Houghton Enterprise LP being tax parcel number 097.03-02-02.00-000. Less and except approximately 63 acres being pledged to the Western Virginia Land Trust, and less and except the approximately 15.66 acres conveyed to Cotton Hill Land Company LC by Nicholas Beasley, see plat dated 2-12-03, prepared by Lumsden Associates, P.C., recorded plat book 26 page 93. Exhibit A Mason's Crest PRD, Master Development Plan Roanoke County, Virginia Legal Description of Prmpert~,~ Le~cated on South Side of the Rlue Ridge Parkway PARCEL I BEGINNING at a point at #i, corner to the "Flag Meadow" tract and tract No. 4 of the. partition of the lands of T. M. Starkey, which point is S. 4° 30'~W. 16-1/2 feet from a. 20 inch whits oak; thence with the 1?ne of the "r^lag Meadow" tract S. 14° 14' E. 1031.5 feet to corner #2, a stake by marked oaks and maples, and corner to tract No. 6 of said partition; thence with the dividing line between tracts Nos. 5 and 6 of said partition Yri. 50° 02' E. 3390 feet to corner #3; thence N. 11° 46' W. 1051.3 feet to corner #4, to-Z/2 feet in an easterly direction from a large white oak; thence N. 75° 18' E. 1089 feet to corner #5 in the middle of Back Creelc, approximately 25 feet in a westerly direction from an old marked sycamore tree; thence with Back Creek, N. 41° 5.ry.' W. 603.3 feet to corner #6; thence still with the creek N. 25° 31' W. 406.3 feet to corner #l7, in the middle of Back Creek; thence leaving the creek S. 69° 54' w. 738 feet to corner #8, a fence post corner of the southerly side of an old road; thence S. 12° 36' E.• 247.5 feet to corner #9, a fence post corner; thence with the division line between tracts Nos. 4 and 5 of said partition, S. 41° 30' W. 3582 feet to the PLACE OF BEGINNING, containing 112.7 acres, as shown by a snap of C. B. Malcolm, State Certified Engineer, dated August 12, 1941, attached to and recorded with Deed in Deed Book 311, page 253; and "BEING the westerly portiof: of tract No. 5 of the partition of the lands of T. M. Starkey, a plat of which, made by Joseph R. goods, Surveyor of Roanoke County, dated P.ugust, 1901, is of record in the Clerk's office of the Circuit Court of Roanoke County, in Surveyor's Record 4, page 32; and LESS AND EXCEPT a conveyance of 9.50 acres "Parcel 2,° as recorded in Roanoke County Deed Book 444, page 438; and THERE IS FURTHER EY.CEPTED therefrom that portion of the above described property which lies north of the Elue Ridge Parkway. PARCEL II )3EGINNING at a stake at a fence corner, designated on annexed plat as Corner #1, said corner being Corner #k2, as described in that certain conveyance of 107.5 acres from h?rs. Henrietta )?. Starkey to David h'ade, by deed of record in the Clerk`s Office of the Circuit Court aP Roarake County, Virginia, in Deed Book 29, page 345; thence with the westerly line of the property of said David wade, S. 3G° 0' E. crossing an old road in a hollow, at 205 feet, in al 1 26.4 pcles (435.6 feet} to a stake at Coi-n.er #2 (this corner #2 is S. 2QO 0` E. 16 feet from a marked 22" pine; thence with a northerly line of said David IJade's land,~S. 51° 0' W. crossing a rollo~rr at 67o feet, and crossing another hollow at 1'100 feet in all 94 poles (1551 feet) to a 7" marked sourwood tree at Corner #3; ther_ce with the line of David Wade N. 39° 0' W. crossing a hollow at 252 feet and passing 2 1j2 feet easterly from a doable 6" maple at 419-1/2 feet, in all a total distance of 26.4 poles (435.6 feet) to a stake at corner #4 on the original southerly boundary line of ;~ ~'~ the original Tract #5, of the T. M. Starkey land partitioned tc~ ~.~' ' ~/ ~~ ~•F°yt-li Mrs. Eliza B. Smith; thence with the said southerly boundary.line_. of the property of said Mrs. Eliza B. Smith, now owned by the Harris Hardwood Company, Inc., 1Q. S1° 0' E. 94 poles (1551 feet} tc the PLACE OF BEGINNING, and containing 15.75 acres; . PARCEL III ' BEING all of the land and property of E. Murray Hammond, et u:{ lying and situate along, adjacent to, and south of the tract or parcel of land containing 19.27 acres, more or less, conveyed to the Commonwealth of Virginia by the said E. Murray Hammmond, et ux for the Blue Ridge Parkcvay by deed dated August 29, 7.957.+ and duly recorded in the Office of the Clerk of the Circuit Court of Roanoke County, which land and property hereby conveyed is further described as BEGINNIriTG at the e;ctreme southeast comer of the said tract or parcel of land containing 19.17 acres., more or less, which is the extreme northeast corner in the said land and property hereby conveyed, and in the property line between the E. Murray Hammond, et ux and Thomas H. Beasley, et ux; thence along said property line, S. 39° 56' 30" W. 3102.27 feet to a corner in the property line of Arthur; thence with the last named property line N. 17° 11' 00" W. 716.9 feet to a corner in the property line of Harvey; thence with the last named property line five courses: (1) N. 49° 12' OD' E. 297.D feet; {2} N. 17° 51' DD" E. 269.D feet; {3) N. 6B° 12' DO" E. 339.9 feet; (4} N. 34° 34" DO" E. 216.2 feet; {5) N. 87° 00' 00" W. 604.5 feet to a corner in the property line between E. Murray Hamrnord, et ux and Thomas H. Beasley, et ux; thence with the last named property line, N. 13° 28' 00" E. 1046.2 feet to a corner in the said tract or parcel of land containing 19.17 acres, more or less, conveyed to the Commonwealth of Virginia by E. Murray Hammond., et ux; thence with the last Warned tract ar parcel cf land three courses: {1) N. 86° 13' 00" E. 898.01 feet; (2} N. 84° O1' 30" E. 525.04 feet; (3) S, 60° i9' OD" E. 459.77 feet to the BEGINNING and containing 59.04 acres, mare or less, and being further shown on a photo copy of a plat entitled "Map cf Residue Parcel of E. Murray Hammond Showing Relationship to Land Acquired from same for the Blue Ridge Parkway," a copy of which i~ attached with deed recorded in Deed Book 467, page 119; and PARCEL IV EEGINNING at gum Redoak and White oak pointers corner to the late J. M. Starkey tract known as the Shartzer tract represented an plat by "1" thence with said Starkey line, S. 46 1/4° E. 1138. SO feet to two chestnuts at 2; thence S. 89 1/2° E. 891.0 feet to hickory and black oak pointers at 3 on a ridge; thence the old division line up the Ridge S. 35 1/2° W. 217.8 feet to two dead black oaks to 4; thence S. 66 1/2° W. 334.95 feet to dogwood sourwood and white oak pointers at 5; thence S. 16 1/4° W. 280.5 feet to a sourwaod and dogwood pointers at 6; thence S. 47 1/4° U~. 297.0 feet to red oak and dogwood pointers at 7; (the above is copied from Deed dated February 21, 1536 of conveyance to Lillie May Harvey by Deed of -record in the Clerk's Office of the Circuit Court for Roanoke County, Virginia, in Deed Book 271, page 340 and is identical except for changing poles to feet to conform v~*ith partial survey and balance of description), now being evidenced by a 24" red oak ( }n`~ v ~~ 2.f.,r(1, :_. w ~~ and being. corner to .fenced lines extending to west and soutY:east; thence leaving corner 7 and with a new staked line across the Lillie May Harvey {widow) property whose bearing on the Deed meridian is N. 45° W. and whose magnetic bearing in 1965 is TI. 42° W. passing the interior parcel line in the Harvey property at about 1704 feet more or less, passing a 24" white oak with gate hinge on line at 1807.6 feet in all a total distance of 1821..2 feet to new Corner 11 or. the northwest line of the 34 acre and 34 pole Harvey tract; thence with the northwest line of same passing old corner 10 at about 65 feet in all a total distance of 419.9 fee*_ to the PLACE OF $EGT-NNING, containing 22 acres more or less and being the greater northeasterly portian of the 34 acre and 3.7 pole parcel and a small northeasterly portion of the 34 acre and 34 pole parcel conveyed to Lillie May Harvey of record as aforesaid, and being shown an a plat of partial survey by C. B. Malcolm and San, Engineers, dated July 30, 1965, a copy of which is attached and recorded with DeAd in Deed Book 780, page 520; and PARCEL V {A) All that certair_ tract ar parcel of land Lying on the south side of the Starkey and Sack Creek Road about one-half miles west of Starkey _and about six miles southwest of Roanoke, in Roanoke County, Virginia, and described as follows: BEGINNIIQG at a point in the center of the Back Creek and Starkey Road corner to tY:e 44.07 acre t=act recently sold to F. C. Callings; thence along the center of said road the following courses and distances: N. 58° 50' W. 7.51 pales; thence S. 80° 30' 47. 22.37 poles; thence 3. 75° W. "_0.75 poles; thence N. 81° 5Q' 'r7. 4.94 poles; thence N. 75° 4t. 13.51 poles; thence N. 43° 45' W. 2.12 poles to a point ire center of rood at corner marked 2vo. 1 on map, corner to G'~rr_ningham (now Wiseman] land; thence leaving the road and with Cunningham's line passing just on the west side of a large roc}: on the north s_de of Back Creek; S. 34° 40' W. crossing the creek at 4 1/2 pales, in all 65.75 poles to a chestnut at "2" corner to the Muse land; thence with line of sz~me, S. 60° 55' W. 71 poles to a stake where a black oak stump stood inside of lot at "3"; L-henee according to the survey rr,ade by J. p. Woads, S.R.C., August, '!901, S. 18° 30` E. 48 poles to a stake at "4"; thence S. 1° 30' E, 22 poles to a stake, a pine and white oak marked as pointers at "5"; thence S. 85° W. 4 poles to a wt-.ite oak and maple at "6"; corner ~c the James riarris (now Harvey); and thence Vdith the line of same, S. 45° e' E. 68.5 poles to two chestnuts and gum at "7"; thence S. 88° 15' E. 18 poles to a stake and maple and chestnut marked as painters at "8" corner to (No. "4"} now D. S9illiam Good's land; thence with the same, T1. 12° 45' E. 63.5 pales a part of tre way through the woods and along a fence to a stake on the west side of fence to "9" (76}; thence N. 38° 52' E. 14.9 poles to a stake by the fence at "10" a corner to the 44.07 acre trace sold to Collings; thence according to the survey made by G. L. Poage, S.R.C., May 1, 1922, N. 19° 50' E. 763 feet to an iron ping; thence N. 24° E. 1603 feet to the PGSNT OF IlEGINNZNG and being ~ part of the saute land conveyed to H. Il . Nercerau and Z . B . Hancock by Dr . George L' . La°~rsan. and wife by deed dated September 9, 1919, and recorded in the Clerk's Office of ~,., ~, n~ ~ ,fi J r l.v~r~ „+*•M ~T~e~..,... ~. 4 the Circuit Court for Roanoke County, Virginia,: in_ Deed _Book 99, _._ _ .____._.._. page 388; and (B} All that certain tract or parcel of land lying south of Back Creek, about two miles west of Starkey, in the County of Roanoke, Virginia, bounded 'and described as•follaws: BEGINNING at a stone by a white pine at "A" corner to the 35.82 acres laid off to Henry Wiseman and the land kno~.an as the White tract; thence with line of same, S. 61° W. 55 .poles to a stake at "2"; thence S. 17° 30' E. 48 Holes to stake at "3"; thence S. 00° 30' E. 22 poles to a stake at "4"; thence S. 86° W. 4 poles to a stake, a white oak and maples marked as pointers at "5" corner to John Harvey's land; thence with the line of his land S. 48° 45' W. 132 poles crossing the branch and public road to a stake south of a marked gum at "6", corner to Martin's land, and with line of same, N. 56° 45' T+l. 34 poles to a stake two feet south of a pine at "7" corner to B. S. Harris land; thence with the line of same N. 51° E. 54 poles crossing the branch 30 feet to a stake at "8"; thence N. 27° 30' W. 49 poles crossing two brar_ehes to a sourwood and black oak at "9" corner on E. M. r:arris line; thence with his line N. 47° E. 38.5 poles to a stake at "10"; thence N. 00° 30' W. passing E. hi. and S. S. Harris property Line at 37.5 poles in all 45 poles to a point in a hollow e feet S. 50° W. to a marked white oak at "11"; thence down the hollow N. 88° E. 28 poles to a stake south of the hollow at "12"; thence N. 44° 30' E, i2 poles to a stake at "13"; thence N. 22° 30' W. 2.3 poles tc a rock, corner to the 35.82 acre tract surveyed for Aenry Wiseman at "14"; thence with line of same crossing the branch at 30 feet, N. 49° 30' E. 27.5 poles to a black pine at "1S"; thence S. 75° 45' E. 61 poles to the BEGINNING, containing 83.02 acres according to a survey made by G., L. Poage S.R.C. July 6, 1920, and being the same land conveyed to H. B. Mercerau and Z. S. Hancock by Henry Wiseman and wife by deed dated July 1,• 1920, recorded in the Clerk's Offices of the Circuit Court •of Roanoke County, Virginia, in Deed Book 106, page 390; and PARCELS "(A}" and "(B}++ as hereinabave described are LESS AND EXCEPT THE .FOLLOWING: 1. 37.93 acres as conveyed in Deed Book 444, page 438, shown as "Parcel 3." ~. That certain 2.93 acre parcel as conveyed in Deed Book 465, page 500. 3. What portion of the above described property whir:h lies north of the Blue Ridge Parkway. THERE IS ALSO C021VEYED as an appurtenance hereinabove described, a road 1.0 feet in width the "Eighth" paragraph of deed of record in the the Circuit Court of Roanoke County, Virginia, page 438. to the property as described under Clerk's Office of in Deed Book 444, `~'~~~ _~ ~~ 2.h. „ Comm: 94-89 Description for that portion of Roanoke County tax parcel 96.07-1-6 lying to the south of Ashmont Drive being 0.423 acres of land lying at the southwesterly intersection of Sedgewick Drive (50' R/W) and Ashmont Drive (50' R/W~ in the Cave Spring Magisterial District of Roanoke County, Virginia, and being mare ~rarticularly described as follows: BEGINNING at corner #1, said. corner being a point on the southerly right-of-way of said Ashmont Drive and the northwesterly Darner of Lot 17, Block 1, Section 2, Ashmont in the Groves as recorded in the Clerk's Office of the Circuit Court of koanoke County, Virginia, in Plat Book 17, Page 90; Thence with the line common to said Lat 17 and the herein described property, S 17' 52' 25" E, 138.44 feet to corner ~2, said corner being th.e southwesterly carnet of said Lat 17 and the northerly corner of Lat 3, Block 2, Section 1, The Groves, as recorded in the aforesaid clerk's office in Plat Book 17, Page 39; Thence with the line common to said Lot 3 and the.harein described prcperty, S 70. 36' 21" W, 121.11 feet to corner #3, said corner being a paint on the easterly right-of-way of Sedgewick Drive and the northwesterly canner of said Lot 3; Thence with the line common to the right-of-way of Sedgewick Drive and the herein described property for the following 3 courses and distances; a curve to the left whose radius = 285.44 feet, length = 89.41 feet, tangent = 45.07 feet, delta = 17. 56' 49", chord bearing and distance of N 19' 07' 29" W, 89.04 feet to corner ~4, said corner being a point of tangency on the easterly right-of-way of Sedgewick Drive; Thence N 28° 05' S3" W, 36.06 feet to earner #5, said corner being a point of curvature on the easterly right-of-way of Sedgewick Drive; Thence with a curve to the right whose radius = 25.GG feet, length = 40.72 feet, tangent = 2b.49 feet, delta = S3' i8' S4", a chord bearing and distance of N 18° 33' 34" E, 36.36 feet to corner. #6, said corner being a point of compound curvature an the southerly right-of-way of Ashmont Drive; Thence with the Line common to Ashmont Drive and the herein described property, a curve to the right whose radius = 235.44 feet, length = 109.47 feet, tangent = 55.79 feet, delta = 2G° 38' 28", a chord bearing and distance of N 78` 32' 15" P7, 108.49 feet to the Point of Beginning, containing 0.423 acres± and being part of the remaining portion of Tract C, as shown on the plat of Resubdivision of Property of Nicholas H. Beasley and Strauss Construction Corporation, elated August 2, 1994, as recorded i.n the aforesaid clerk's office in Plat soak 17, Fage 3. ,.V y' 'v ~~~• ~~ TABLE 1. CURRENT ZONING COMPARED TO REQUESTED ZONING 1996 Zoning Mason's Crest Maximum # of Homes 823 400 Density (du/acre) 3.5 2.1 Open Space (acres) 44 93 Open Space (%) 19% 50% Traffic Generated (vehicleslday) 8230 4000 .~ 8 _ _~ ~~ . Z--- Q •I of 4 'f~ V ~ `~ .o ~ -~ ' ~ ~ ~ o ~ ~ ~ ~- ~ ~~ a ~ •3 •? ? ? o .9 ac ~ ~ ~ ~` r r ~~ gc. ~. # ~ . ~~ '~ w. ~,.. :~ Architectural and Community Design Guidelines The following architectural guidelines are proferred for areas of the PRD that are noted on the Mason's Crest Master Development Plan to have architectural guidelines. Theses architectural guidelines are derived from the original Wilshire PRD but have been amended and modified. Architectural Guidelines Acceptable Materials: • Board and batten wood siding (stained). • Board onboard wood (stained). • Clapboard wood siding (stained). • Tongue and Groove vertical wood siding (stained). • Shiplap vertical wood siding (stained). • Wood Shingles (natural or stained). • Log Structures (grayish-brown, medium gray or dark brown). • Synthetic or simulated composite building products, such as hard board, vinyl siding, etc., that approximates the wood patterns described above. • Color for the materials listed above shall be a medium gray, dark gray, grayish-brown, dark gray-brown, dark green, grayish buff, buff dark brown, and soft muted earth colors • Brick that is grayish brown, gray, reddish-brown, and other dark or grayish earth colors. All brick shall have a buff or gray mortar. • EFIS (Exterior finish insulation system) as building accents only, in soft muted earth colors. • Stone that is native to the area or manufactured stone that is similar in color, form and texture to native stone. • Windows with white, buff-gray or earth color trim. Unacceptable Materials • Brick that is bright red, orangish-red, pink, light red, white, or other colors. • Metal siding that is exposed, galvanized, aluminum or other shiny metal materials. • Siding that is white, whitish-gray, pink, bright silver, red, bright green blue or other colors that would draw attention or be otherwise visually out of character with the parkway corridor. • Tile-faced or ceramic-faced masonry units. • Varnished, epoxy-finished or otherwise shiny or orangish log structures. • White mortar. Roof Materials: Acceptable Roofing Material • Wood shakes that are allowed to weather naturally. Mason's Crest PRD, Master Development Plan 10 Roanoke County, Virginia S-`~ • Treated wood shingles or shakes which have natural gray, grayish-green or brownish- green color. • Standing seam copper roofs that are allowed to weather naturally. • Architectural grade (includes dimensional shingles) fiberglass or asphalt shingles with texture. The colors of these shingles shall be medium to dark gray, charcoal, grayish- brown, grayish-buff, or dark brown. Generally, soft earth tone colors that are of medium to dark value. • Slate or simulated slate of medium gray or charcoal color. • Textured concrete shingles in gray or buff-gray color. • Standing seam metal roofs, which are medium gray, dark gray, grayish-brown, black, charcoal-gray, dark grayish brown, dark greenish-black, or very dark green. Generally colors that are soft earth tone and that are of medium to dark value. Low reflectivity. • Roof vents, metal chimneys, metal chimney caps, and plumbing vents shall match the color of the roof or would be black, dark gray, or bronze in color. • Skylights shall have black, bronze, or gray trim. Unacceptable Roofing Materials: • Shiny metal roofs. • Shiny metal, exposed aluminum or exposed galvanized metal roofs. • Metal roofs of the following colors: white, light gray, light tan, pink, red, maroon, light blue, medium blue, dark blue, bright green, medium gray, orange, brownish-orange, etc. Metal roofs that attract attention by their color, contrast, brightness and reflectivity. • Ceramic or synthetic ceramic roofing tiles. • Metal shingles or stamped metal decorative roofing panels. • Flat roofs. • Plastic, vinyl or other high visibility synthetic roofs. • Shiny metal roof vents, fireplace stacks, plumbing vents, or other pipes. Building Mass and Shape • Flat roofs shall not be used. • Gable roofs and hip roofs shall be used. • Chimneys can be used but not required. • Porches on homes can be used. • Roofs shall have a minimum pitch of 6/12 on the main structure. • Roofs on the main structure of a residence shall have at least a six inch overhang. • Gambrel roofs cannot be used. • Single plane pitched roofs for houses shall not be used on the main house but can be on wings. • Steep gable roofs like the "Swiss Chalet" shall not be used (pitches in excess of 12/14). • Where possible, it is preferred that buildings step up and down with the natural slope rather than to force unnatural excavation or plat forming of the mountainside. • The developer/builder is encouraged to provide porches forward of the garage face for all unit types particularly within the VC areas but it is not a requirement. Mason's Crest PRD, Master Development Plan Roanoke County, Virginia S-'I Building Details • Awnings shall be medium to dark earth color. White, stripped patterns, and colors that attract attention shall not be used. • White and shiny aluminum shall not be used in any architectural guideline area. • Outbuildings, storage sheds, garages, and other secondary structures must match the color, texture, and material of the main house. End of Architectural Guidelines Recreational Facilities • Tennis courts and playcourts shall be oriented, landscaped and screened so that the surface and fencing is not visible from the Blue Ridge Parkway. • Night lighting of tennis courts and playgrounds shall not be allowed. • Tennis court fencing shall be black vinyl-clad chain link fence, bare galvanized is not allowed. • Swimming pools shall not be visible from the parkway and pool orientation, landscape screening shall be provided as .necessary to visually screen the pool, including pool equipment, pumps and utilities from the Blue Ridge Parkway. • Poles, posts, light stansions, gates and, other site details shall be black, gray, grayish brown, dark green or natural dark earth tone colors. White, bare metal, bright colors or other visually intrusive materials cannot be used. • Utility pumphouses shall be designed to be in character with the development and should not stand out. Site Details and Landscaping • Driveways shall be surface treatment, gravel, bituminous or tinted/stamped concrete and stained concrete. White or standard plant colored concrete cannot be used. • Roads, service roads and parking areas shall be gravel, bituminous or dark gray concrete. White or standard plant colored concrete cannot be used. • Natural landforms and existing vegetation shall be utilized where possible to screen new buildings from parkway view: • Drainage shall be engineered to blend with natural landforms where possible. • "Engineered" edges in the final landform shall be avoided where possible. • Mailboxes will be dark earth colors, dark green, black or gray. Shiny aluminum, white or metal mail boxes cannot be used. • Fences: Split rail with two, three, or four rails, picket fences, snake fences and board rail fences can be used. If fences are wood they shall have naturally weathered, stained or earth color painted finish. If fences are metal they shall have dark earth colors, dark green, black or gray finishes. If fences are plastic they shall have earth color finishes. • Shiny or exposed galvanized chain-link fences, white or bright colored fencing cannot be used. Mason's Crest PRD, Master Development Plan Roanoke County, Virginia .k . Landscaping: • Plant materials shall be used that are native to the region or non-native commercially cultivate varieties that are adapted for the USDA growing zone of the Roanoke area. • Blend cut and fill slopes into the natural topography where possible. • Landscape Buffers: Three landscape buffers are shown in the Mason's Crest PRD Master Development plan; buffers C, D, and E. The intent of the buffers is to provide supplemental screening of specific home locations potentially most visible form the Blue Ridge Parkway. o All buffers shall be planted immediately following the completing of site grading operations in each specific location. o All buffers shall be 50' in width, lengths and specific locations for each buffer as shown on the Master Development Plan. o Each buffer shall contain a equal mixture of large canopy deciduous trees medium canopy deciduous trees and large evergreen trees and shall be planted in staggered rows in natural groupings to blend with the existing wooded areas. o Large canopy trees shall be minimum 2 '/z" caliper at planting a maximum of 25' apart. Medium canopy trees shall be 2 '/z" caliper at planting a maximum of 15' apart. Evergreen trees shall be a minimum of 6-8 feet at time of planting and a maximum of 15' apart. o A final landscape buffer planting plan shall be submitted with the final engineering plans to Roanoke County prior to installation. Residential Design: • Recreational vehicles (RV's) and boats on trailers shall not be stored in any area visible from the parkway. • Pre-fabricated above-surface swimming pools shall not be allowed, spas shall be screened from the parkway. • Tents, pre-fab summer houses, and pre-fab storage sheds shall not be allowed. • No tarps shall be allowed. • Satellite dishes, TV antennas or external antennas shall be placed to avoid visibility from the Blue Ridge Parkway. • Streetlights may be maintained by the homeowner's association or AEP. Street lights shall be residential in character, provide only the minimum photometric requirements and provide shields and cut-off optics to avoid overlighting. In ground signage lighting shall have shield and/or cut-off optics. signage: • The main entrance signage off of Merriman Road shall not exceed 50 square feet for the actual sign area. Maximum sign height shall be 15 feet. The attached exhibit or a representation of the potential main entry sign. 'The final signage location and design may change due to engineering constraints. Mason's Crest PRD, Master Development Plan Roanoke County, Virginia '~;~` ,~„ • Signage in different neighborhoods within the PRD can be used but cannot exceed 30 square feet for the actual sign area. Neighborhood Signage, excluding Signage required by VDOT or Roanoke County, shall be rustic in nature with either a stone or rough wood base. Actual Signage will be determined in final design and could be applied, sand blasted or plaque mounted lettering to wood, high-density painted urethane, masonry or stone. Bright colors shall not be permitted in Signage. Maximum sign height for neighborhood signs shall be 10'. Multiple signs within a neighborhood can be permitted. Neighborhood signs shall be placed to not conflict with minim corner sight distances per VDOT standards. Mason's Crest PRD, Master Development Plan Roanoke County, Virginia ~ .. ~ ° °•a~ . Q ~ a7 ~a ` y ~ ~ ~ ~ 5 a7 w .~ ~ d a ~ o O o ., .~, 7 N ~ ~ d ~+ V ~ O Aj /+ ~+ .7 (Q " ~..i ~ ~ W W y O~ ~ d Q d O a7 !- N 00 Z N O .Nr ~ ~ ~ ~ w r N " ~ u _ o U O w ca p ~ 3 ~ d `" ~ r ~ N O ~ «. ~ ..Lri L:i N in ,~ O N O' O ~ y O d ..: w ~~ ~vy~ O `~ r d "^ •c4 aXi O ~ O ~ ~ ! a~ v '~ VU) ~ ~' ~ ¢~ ,~ w q ° w ~ U z o ~ o o ~ .; ~ q ..+ O °: ~ .G V ~ w ~ ' Q c "" ~, v ,~ ~~ o ww O OM ~~[~ MN O ,,,, .~ y7 U ~ O ~y U p zz V ~, 0 0 ~ U O U ., ~ ~ ~ ' ~ ; ~ H Q ~ ',~ q •^f ~"" ~ ••~ti O y ~~ .,.may{ ~' CJ ~ c ~~ o a Z ~~~ O ~ z m Vl O ~ 3b 3 m ~ y %"~ ~ ~ . r d d y yy ~y O o W r d ~ ~+''~ ~o o W w E+5~7 p~ ~ y Cp O ..~ ~ OW ~ N OM Mho MN Z d ~~-+ a.., .o•a~ ~ " H~z ~o o~ ~ ~ oc a ~ z ~ ~ ~~ ~ ~ ~ ~'~' N ~ 0 ~ ~ ~ ~ ~j N O ~~ z ' ~ N V d ~ ~ ~ o o c On W W 3a X~ Fl ~ ~ z y vO N O~"~ N M `~ MN z.0 .. H p ~ ~~ i 0 O ~ '~ o ~ •~ u Y o a~ a'a o ~ ~¢ ~ ~ ~ K oz o~ z ~:;_ , ~ ~„ ~ ~ ~U ~' h c3 A `~ 0 o w m~ ~ r ~ .~~ ~ .~ .. ~ x r V ~ ~ d L • QO O~J +~ G1 ~~' d ° ~ N M L" 607 . o ~ ~ U ~ AA ~ A4 ~ ~ o ~ ~ o ~ j . L ~ - , ~ m a o °~ ° ~ ~ H ~ .° ~ a} ~ ~ ~~ a Q x ~ O ~a3 ~. ~ '~ A~ h d a O O O ~ ~ ~ ~ u ~~¢ ~ ~' O ~ . ~ ,~ ~,~ ~ma, ~.~¢ ~, ; w .~ ~t ~1 -i G N P ~ ~ fir( 1~~t ~ "~ ~ Fi !~ k ~( ~'~~ .-, ~ December 19, 2003 Rezoning/ Revisions to PRD Master Development Plan Application For: _~ ~. .~ f~ f I/rrs~~~~/rrs//~~~ tom- ,,,,,,,,,,,,yyyy ~ , ~Y~~ ~~~~ Roanoke, County Virginia Developer: Radford & Company 2772 Electric Road, Suite 1 Roanoke, Virginia 24018 540-343-5000 Prepared By: LPDA Land Planning & Design Associates, Inc. 310 E. Main Street, Suite 200 Charlottesville, Virginia 22902 434-296-2108 ..~. ~_ f Table of Contents: Application Application for Rezoning Signatures ................................................ (Approval for Rezoning/Revisions to PRD Final Master Development Plan) Legal Description Existing Site Conditions ............................................................... 2 Location of Property and Existing zoning Existing Land Use Existing Conditions Plan Exhibit Statement of Objectives ................................................................ 3 Plan Residential Development Master Plan (PRD) Responding to Original PRD Master Plan Master Development Plan Exhibit Land Uses ................................................................................. 4 Land Use Designations RW/RO- Single Family CH- Cluster/ Townhouse VC- Village Cluster Unit Types Exhibit Open Green Space (OGS) ............................................................... 6 Preservation of Wooded Areas Simulation Exhibit Circulation and Road Guidelines .................................................... 7 Road Widths Road Standards Circulation Plan Exhibit Public Services and Utilities ............................................................ 9 Architecture and Community Guidelines .............................................. 10 Architectural Guideline Standards Site and Landscaping Guidelines Signage Entry Sign Exhibit Mason's Crest PRD, Master Development Plan ~ Roanoke County, Virginia Cam.., ~. ~~~ County of Roanoke For Staff Use Onl Community Development Date received: Received by: Planning & Zoning 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 ~~ Number ALL APPLICANTS Check type of application filed (check all that apply) X Rezoning Special Use Variance Waiver Administrative Appeal Applicant's name/address w/zip Ladd Planning & Design Associates 310 E. Main St. Suite 200 Charlottesville, Vtrginia 22902 Phone: 434-296-2108 Work: Cell #: Fax No.:434-29Cr2109 Owner's name/address w/zip Radford & company 2772 Electric Road, Suite 1 Roanoke, Virginia 24018 Phone #:540-343-5000 Work: Fax No. #: Property Location (See attached) Magisterial District: Cave Springs Community Planning area: Cave Springs Tax Map No.: (See attached) Existing Zoning: (See attached) Size of parcel(s): Acres: see attached Existing Land Use: (See attached) REZONING SPECIAL i/SE PERMITAND WAIVER APPLICANTS (R/S/VV) Proposed Zoning: Major Revision to PRD (modifications to existing PRD plan for this property) Proposed Land Use: Mixed residential development Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes X No D IF NO, A VARIANCE IS REQUIRED FIRST. ~ preexisting pledge of property Does the parcel meet the mitrimum criteria for the requested Use Type? Yes X No ~ to the western Virginia Land IF NO, A VARIANCE IS REQUIItED FIRST * Tnrst expressed, not proffered in If rezoning request, are conditions being proffered with this request? Yes X No 0 n"s'~11e~' VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (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 WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. t:~,.., u. ~..3.. ~~ CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan ar>d building permit procedures ensure compliance with State and County development regulations and may require changes to the irntial 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: ALL APPLICANTS X a. Applicant name and name of development X 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. X f. The zoning and land use of all adjacerd properties X g. All property lines and easements X h. All buildings, existing and proposed, and dimensions, floor area and heights X 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 R k. Existing utilities (water, sewer, storm drains) and corutections at the site X 1. Any driveways, entrances/exits, curb openings and crossovers X m. Topography map in a suitable scale and contour intervals X n. Approximate street grades and site distances at irrtersections NA o. Locations of all adjacent fire hydrants X* p. Any proffered conditions at the site and how they are addressed NA q. If project is to be phased, please show phase schedule I ce ~ y that all items required in the checklist above are complete. John Schmidt, ASLA ~v"~ _ Si tore of applicant * Preexisting pledge of property to the Western Virginia Largl Trust expressed, not proffered in this request. 12-19-03 Date k'.,, ..k „4:~ E ..~s~ Ayylication for Approval of Revisions to PRD Final Master Development Plan Owners name and Address: The Following are owners of records as wells as contractual owners. Nicholas H. Beasley & Susan Beasley 5489 Crystal Creek Drive Roanoke, Virginia 24018 Houghton Enterprises LP 6846 Briar Ridge Circle Roanoke, Virginia 24018 Radford & Company 2772 Electric Road, Suite 1 Roanoke, Virginia 24018 540-343-5000 We hereby certify that the following individuals or entities own or have a contractual interest in the property listed in this application and are requesting that the Mason's Crest PRD with the attached proffered conditions be approved as the revised Final PRD Master Development Plan. Nicho .Beasley Susan Beasley C [~ C. W. Houghton avid F. Radfor Mason's Crest PRD, Master Development Plan Roanoke County, Virginia ~~ ~. .~., \ Legal description for Mason's Crest PRD Being the portion of Wilshire PRD, Legal Description of Property Located on the South Side of the Blue Ridge Parkway (see attached). Iri addition too approximately 31.14 acres currently owned by Houghton Enterprise LP being tax parcel number 097.03-02-02.00-000. Less and except approximately 63 acres being pledged to the Western Virginia Land Trust, and less and except the approximately 15.66 acres conveyed to Cotton Hill Land Company LC by Nicholas Beasley, see plat dated 2-12-03, prepared by Lumsden Associates, P.C., recorded plat book 26 page 93. Mason's Crest PRD, Master Development Plan Roanoke County, Virginia Legal Description of Propertt,~ Located on `~,, "°` ~" South Side oftke Rlue Ridge Parkway PARCEL I BEGINNING at a point at #~, corner to the "Flag Meadow" tract and tract No. 4 of the. partition of tPie lands of T. M. Starkey, which point is S. 4° 30'~W. 16-1/2 feet from a. 20 inch white oak; thence with the l~~ne of the "slag Meadow" tract S. 14° 14' E. 1031.5 feet to corner #>:2, a stake by marked aaks and maples, and corr.•er to tract No. 6 of said partition; thence with the ditriding line between tracts Nos. 5 and b of said partition N. 50° 02' E. 3390 feet to corner #3; thence N. 11° 48' W. 1051.3 feet to corner #4, i0-1/2 feet in an easterly direction frorr- a large white oak; thence N. 75° 18' E. 1089 feet to corner #5 in the middle of Back Creek, approximately 25 feet in a westerly direction from an old marked sycamore tree; thence with Back Creek, T~. 41° 52' W. 603.3 feet to corner #6; thence still with the creek N. 25° 31' W. 406.3 feet to corner #7, in the middle of Back Creek; thence leaving the creek S. 69° 54' W. 78x3 feet to corner #8, a fence post coiner of the southerly side of an old road; thence S. 12° 36' E.•247.5 feet to corner #9, a fence post corner; thence with the division line between tracts Nos. 4 and 5 of said partition, S. 41° 30' W. 3682 feet to the PLACE OF BEGINNING, containing 112.7 acres, as shown by a snap of C. B. Malcolm, State Certified Engineer, dated August 12, 1942, attached to and recorded with Deed in Deed Book 311, page 253; and "EEING the westerly portioT~ of tract Igo. 5 of the partition of the lands of T. M. Starkey, a plat of which, made by Joseph R. floods, Surveyor of Roanoke County, dated August, 1901, is of record in the Clerk's Office of the Circuit Court of Roanoke County, in Surveyor's Record 4, page 32; and LESS AND EXCEPT a conveyance of 9.50 acres "Parcel 2," as recorded in Roanoke County Deed Book 444, page 436; and THERE IS FURT?iER EY.CEPTED therefrom that portion of Che above described property ~rhich lies north of the Blue Ridge Parkway. PARCEL II BEGINNING at a stake at a fence corner, designated on annexed plat as Corner #l, said corner being Corner #k2, as described in that certain conveyance of 107.5 acres from hits. Henrietta P. Starkey to David k*ade, by deed of record in the Clerk's Office of the Circuit Court of Roarake County, Virginia, in Deed Book 29, page 345; thence with the westerly line of the property of said David wade, S. 39° 0' E. crossing an old road in a hollow, at 205 feet, in all 26.4 pcles (435.6 feEt} to a stake at Coi-n.er #2 (this corner #2 is S. 29° 0' E. 16 feat from a marked 22" pine; thence w:~th a northerly line of said David t~Iade's land, S. 51° 0' W. crossing a rollo~rr at 670 feet, and crossing another hollow at 1'100 feet in all 94 poles (1551 feet? to a 7" marked sourwood tree at L'orner #3; ther_ce with the line of David Wade N. 39° 0' W, crossing a hollow at 252 feet and passing 2 1!'2 feet easterly from a double 8" maple at 419-1/2 feet, in all a total distance of 26.4 poles (435.6 feet) to a stake at corner #4 on the original southerly boundary line of the original Tract #5, of the T. M. Starkey land partitioned tc~ ~.~'~' ' ~/ ~~~° ~.E Mrs . Eliza B . Smith; thence with the said southerly boundary _ line _ _ _ ________ _ ___ of the property of said Mrs. Eliza B. Smith, nvw owned by the Harris Hardwood Company, Inc., N. 51° 0' E. 94 poles (1551 feet} tc the PLACE OF BEGINNING, and containing 15.75 acres; . PARCEL III BEING all of the land and property of E. Murray Hammond, et ux lying and situate along, adjacent to, and south of the tract or parcel of land containing 19.17 acres, more or less, conveye3 to the Commonwealth of. Virginia by the said E. Murray Hammmond, et ux for the Blue Ridge Parkcvay by deed dated August 29, 1951, and duly recorded in the Office of the Clerk of the Circuit Court of Roanoke County, which land and property hereby conveyed is further described as BEGINNING at the extreme southeast corner of the said tract or parcel of land containing 19.17 acres., mere or less, which is the extreme northeast corner in the said land and property hereby conveyed, and in the property line between the E. Murray Hammond, et ux and Thomas H. Beasley, et ux; thence along said property line, S. 39° 56' 30" D7, 3102.27 feet to a corner in the property line of Arthur; thence with the last named property line N. 17° 11' 00" W. 716.8 feet to a corner in the property line of Harvey; thence with the last named property line five courses: (1) N. 49° 12' 00' n. 297.0 feet; (21 N. 17° 51' DO" E. 269.0 feet; (3} N. 6B° 12' DO" E. 339.9 feet; {4} N. 34° 34" DO" E. 216.2 feet; {5) N. 87° 00' 00" W. 604.5 feet to a corner in the property line between E. Murray Hammond, et ux and Thomas H. Beasley, et ux; thence with the last named property line, N. 13° 28' 00" E. 1046.2 feet to a corner in the said tract or parcel of land containing 19.17 acres, mare or less, conveyed to the Commonwealth of Virginia by E. Murray Hammond., et ux; thence with the last named tract or parcel cf land three courses: {1) N. 86° 13' 00" E. 898.01 feet; (2} N. 84° D1' 30" E. 525.04 feet; {3} S. 60° i9` 00" E. 459.77 feet to the BEGINNING and containing 59.04 acres, more or less, and being further shown on a photo copy of a plat entitled "Map cf Residue Parcel of E. Murray Hammond Showing Relationship to Land Accruired from same for the Blue Ridge Parkway," a copy of which i~ attached with deed recorded in Deed Book 467, page 119; and PARCEL IV BEGINNING at gum Redoak and White oak pointers corner to the late J. M. Starkey tract known as the Shartzer tract represented on plat by "1" thence with said Starkey line, S. 46 1/4° 8. 1138,50 feet to two chestnuts at 2; thence S. 89 1/2° E. 891.0 feet to hickory and black oak pointers at 3 on a ridge; thence the old division line up the Ridge S. 35 1/2° W. 217.8 feet to two dead black oaks to 4; thence S. 66 1/2° W. 334.95 feet to dogwood sourwood and white oak pointers at 5; thence S. 16 1/4° W. 280.5 feet to a sourwood and dogwood pointers at 6; thence S. 47 1/4° W. 297.0 feet to red oak and dogwood pointers at 7; (the above i9 copied from Deed dated February 21, 1538 of conveyance to Lillie May Harvey by Deed of -record in the Clerk's Office of the Circuit Court for Roanoke County, Virginia, in Deed Book 271, page 340 and is identical except for changing poles to feet to conform v,*ith partial survey and balance of description?, now being evidenced by a 24" red oak ~.~ i .rte' ~~ .",~ ~... and being. corner to .fenced lines extending to west and southeast; thence leaving corner 7 and with a new staked line across the Lillie May Harvey (widow) property whose bearing on the Reed meridian is N. 45° W. and whose magnetic bearing in 1965 is N. 42° w, passing the interior parcel line in the Harvey property at about 1704 feet more or less, passing a 24" white oak with gate hinge on line at 1807.6 feet in all a total distance of 18?_1.2 feet to new Corner 11 or. the northwest line of the 34 acre and 34 pole Harvey tract; thence with the northwest line of same pas:~ing old corner 10 at about 65 feet in all a total distance of 419.9 feet to the PLACE OF BEGINNING, containing 22 acres more or less and being the greater northeasterly portion of the 34 acre and 17 pale parcel and a small northeasterly portion of the 34 acre and 34 pole parcel conveyed to Lillie May Harvey of record as aforesaid, and being shown an a plat of partial survey by C. B. Malcolm and Son, Engineers, daL:ed July 30, 1365, a copy of which is attached and recorded with Deed in Deed Book 780, page 520; and PARCEL V {A) All that certair_ tract or parcel of land Lying on the south side of the Starkey and Back Greek Road about one-half miles west of Starkey and about six miles southwest of Roanoke, in Roanoke County, Virginia, and described as follows: BEGIT~T~TITv*G at a point in the center of the Back Creek and Starkev P,oad corner to the 44.07 acre tract recently sold to F. C. Collings; thence alcng the center of said road the folloaring courses and distances: N. 58° 50' W. 7,51 poles; thence S. 80° 30' G7. ?2.37 poles; thence 3. 75° W. 10.75 poles; thence ?~I. 81° 50' 'v7. 4.94 poles; thence ?~. 75° V7. x3.51 poles; thence N. 43° 45' W. 2. Z2 poles to a. point in center of road at corner marked No. 1 on map, corner to Curnirgham (now Wiseman) land; thence leaving the road and with Cunningham's line passing just on the west side of a large roc}: on the north s_de of sack Creek; S. 34° 40` W. crossing the creek at 4 1/2 poles, in all 65.75 poles to a chestnut at "2" corner to the Muse land; thence with line of same, S. 60° 55' W. 71 poles to a stake where a black oak stump stood inside of lot at "3'°; L-hence according to the survey made by J. P. Woods, S.R.C., August, 1902, S. 18° 30' E. 48 poles to a stake at "4"; thence S. 1° 30' E. 22 roles to a stake, a pine and white oak marked as pointers at "5"; thence S. 85° 5~7. 4 poles to a white oak and maple at "6"; corner ~c the James karris (now Harvey); and thence with the line of same, S. 45° 8' E. 68.5 poles to two chestnuts and gum at "7"; thence S. 88° 15' E. .8 poles to a stake and maple and chestnut marked as pointers at "8" corner to (No. "4"} now D. William Good's land; thence with the same, T1. 12° 45' E. 63.5 pcles a part of the way through the woods and along a fence to a stake on the west side of fence to "9" (76}; thence N. 38° 52' E. 14.9 poles to a stake by the fence at "10" a corner to the 44.07 acre tract sold to Collings; thence according to the survey made by G. L. Poage, S.R.C., May 1, '1922, N. 19° 50' 1;. 763 feet to an iron ping; thence N. 24° E. 1603 feet to the PUIN'P OF BEGINNING and being ~ part of the same land conveyed to H. B. Nercerau and Z. B. Hancock by Dr. George E. Lawson and wife by deed dated September 9, 1919, and recorded in the Cler'~'s Office of '~ ~~ /~.. ~~ 1 ~~ l.g~~~ ,.~. t t the Circuit Court for Roanoke County, Virginias in.Deed_Book. 99, _.. _ ______.__ page 388; and (B) F.11 that certain tract or parcel of land lying south of Back Creek, about two miles west of Starkey, in the County of Roanoke, Virginia, bounded and described as~follows: BEGINNING at a stone by a write pine at "A" corner to the 35.82 acres laid off to Henry Wiseman and the land known as the white tract; thence with line of same, S. 61° W. 55 poles to a stake at "2"; thence S. 17° 30' E. 48 Holes to stake at "3"; thence S. 00° 30' E. 22 poles to a stake at "4"; thence S. 86° W. 4 poles to a stake, a white oak and maples marked as pointers at "5" corner to John Harvey's land; thence with the line of his land 5. 48° 45' VT. 132 poles crossing the branch and public road to a stake south of a marked gum at "6", corner to Martin's land, and with line of same, N. 56° 45' W. 34 poles to a stake two feet south of a pine at "7" corner to B. S. Harris land; thence with the line of same N. 51° E. 54 poles crossing the branch 3D feet to a stake at "8"; thence N. 27° 30' W. 49 poles crossing two branches to a souYwood and black oak at "9" corner on E. M. r:arris line; thence with his line N. 47° E. 38.5 poles to a stake at "10"; thence N. QO° 30' W. gassing E. h1. and B. S. Harris property Line at 37.5 poles in all 45 poles to a point in a hollow e feet S. 50° Yv'. to a marked white oak at "I1"; thence down the hollow N. 88° c.. 28 poles to a stake south of the hollow at "12"; thence N. 44° 34' E, y2 poles to a stake at "13"; thence N. 22° 30' W. 2.3 poles tc a rack, corner to the 35.82 acre tract surveyed for ~ienry Wiseman at "14"; thence with line of same crossing the branch. at 30 feet, N. 49° 30' E. 27.5 poles to a black pine at "15"; thencs S. 75° 45' E. 61 poles to the BEGINNING, containing 83.02 acres according to a survey made by G.. L. Poage S.R.C. July 6, 1920, and being the same Iann conveyed to H. B. Mercerau and Z. B. Hancock by Henry Wiseman and wife by deed dated July 1,~ 1920, recorded in the Clerk's Offices of the Circuit Court 'of Roanoke County, Virginia, in Deed Book 106, page 390; and PARCELS "(A}" and "(B)" as hereinabove described are LESS AND EXCEPT THE .FOLLOWING: 1. 37.93 acres as conveyed in Deed Book 444, page 438, shoran as "Parcel 3." 2. That certain 2.93 acre parcel as conveyed in Deed B~.,ok 465, page 500. 3. What portion of the above described property which lies north of the Blue Ridge Parkway. THERE ~S ALSO COiJVEYED as an appurtenance hereinabove described, a road ~0 feet in width the "Eighth" paragraph of deed of record in the the Circuit Court of Roanoke County, Virginia, page 438. to the property as described under Clerk's Office of in Deed Baok 444, I _~ `f ~~~ 2.h~~' `~ ~.. :".a Comm: 94-84 Description for that portion of Roanoke County tax parcel 96.07-1-6 lying to the south of Ashmont Drive being 0.423 acres of land lying at the southeasterly intersection of Sedgewick Drive {50' ??/w) and Ashmont Drive (50' R/W~ in the Cave Spring Magisterial District of Roanoke Caurity, Virginia, and being more particularly described as follows: BEGINNING at corner #1, said corner being a point on the southerly right-of-way of said Ashmont Drive and the northwesterly corner of Lot 17, Block 1, Section 2, Ashmont in the Gro=yes as recorded in tine Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 17, Page 94; Thence with the line common to said Lot 17 and the herein described property, S 17' 5"L' 25" E, 138.44 feet to corner #2, said corner being th.e southwesterly corner of said Lat 27 and the northerly corner of Lot 3, Block 2, Section 1, The Graves, as recorded in the aforesaid clerk's office in Plat Book 17, Page 39; Thence with the liZe common to said Lot 3 and the•herein described property, S 70' 36' Z1" W, 121.11 feet to corner #3, said corner being a point on the easterly right-of-way of Sedgewick Dri~re and the northwesterly carnet of said Lot 3; Thence with the line common to the right-of-way of Sedgewick Drive and the herein described property for the following 3 courses and distances; a curve to the left whose radius = 285.44 feet, length = 89.41 feet, tangent = 45.07 feet, delta = 17. 56' 49", chord bearing and distance of N 19' 07' 29" W, 89.09 feet to corner #4, said corner being a point of tangency on the easterly right-of-way of Sedgewick Drive; Thence N 28. 05' S3" W, 36.06 feet to carnet #5, said corner being a point of curvature an the easterly right-of-way of Sedgewick Drive; Thence with a curve to the right whose radius = 25.O~J feet, length = 40.72 feet, tangent = 26.49 feet, delta = 93' i8' 54°1, a chord bearing and distance of N 18° 33' 34" B, 36.36 feet to corner. #6, said corner being a point of compound curvature on the southerly right-of-way of Ashmont Drive; Thence with the line common to Ashmont Drive and the herein described property, a curve to the right whose radium _ ?35.44 feet, length = 109.47 feet, tangent = 55.74 feet, delta = 2b° 3$' 28", a chord bearing and distance of N 78' 32' 15" i~', 108.49 feet to the Poiitit of Beginning, containing 0.423 acres± and being part of the remaining portion of Tract C, as shown on the plat of Resut•divisian of Property of i~icholas H. Beasley and Strauss Construction Corporation, dated August 2, 1934, as recorded in the aforesaid clerk's office in Plat Boak 17, Page 3. ~.V y' 'v ~~~ ~ - .¢, Location of Property The property is located on the south side of the Blue Ridge Parkway, and is bounded by Merriman Road to the east and the parcel on Cotton Hill Road to the west and is accessed from Merriman Road. The most western parcel of the property that is adjacent to Cotton Hill Road is not included in this project. The properties currently owned by Nicholas Beasley include Tax Map Numbers: 096.02-01-02.00-0000, 096.02-01-01.00-0000, 097.01-02-17.00-0000, 097.03- 02-05.00-0000. These properties are internal to the site and were a part of the original PRD. These properties are currently zoned PRD*. Parcel Number: 097.03-02-02.00-0000 fronts on Merriman Road and is owned by Houghton Enterprises LP. This parcel will be added to the Mason's Crest PRD and is currently zoned R1-C. Existing_Land Uses An existing site conditions map has been included with the attached exhibits for this application. There are no known architectural or historic resources located on the PRD. A large portion of the property is wooded. The topography of the site results in several drainages with water sources intermittent and perennial, including a small farm pond. The riparian areas for the water sources are generally small. The topography affords the opportunity for stormwater management facilities when development occurs. There is an existing farm pond on site, which is maintained by two creeks. Critical views are located along the Blue Ridge Parkway on the western portion of the property. Preservation of these views is considered essential to this project. The developers of Radford & Company have worked closely with staff of the Blue Ridge Parkway to determine the specific location of critical views and to insure that the critical views from Blue Ridge Parkway into this PRD receive minimal or no visual impacts. *Property adjoining the area encompassed by this petition, all of parcel number 096.02-01- 02.00-000 and a portion of parcel number 096.02-01-01.00-000, has been pledged by the developer to the Western Virginia Land Trust. The exact portion of parce1096.02-01-01.00-000 to be pledge will be determined following final platting but collectively the portion of parcel 096.02-01-01.00-000 and all of parcel 096.02-01-01.00-000 shall be approximately 63 acres. This pledge is not, however, proffered as a part of this petition and should be considered as independent of same. The approximately 63 acres contained. in the pledge are not covered by this amended petition and shall remain as part of the original Wilshire PRD. Mason's Crest PRD, Master Development Plan 2 Roanoke County, Virginia µw 1: Master Development plan vary from 24' to 36', curb to curb, and are shown as a guide only and may change in the final engineering plans. The following shall apply to areas with private roads: • Signage will be placed at the entrance of private roads identifying private roads. • The Mason's Crest homeowners association shall repair and maintain all private roads and fees shall be budgeted to cover the repair and replacement of private roads. • Private streets shall be accessible to emergency vehicles. • The Mason's Crest homeowners association management shall be provided by a professional property management company or management individual(s) with experience in residential homeowner association management in the State of Virginia. • Private roads shall be noted on the record plats. • Per Section 55-512 pf of the code of Virginia, Virginia law requires that the developer of property and the owner of any property for sale or resale within the a homeowners association neighborhood that has a fee system, such as Mason's Crest will, disclose documentation outlining the covenants, restrictions and homeowners fees including identifying private roads, to the new purchaser. This is required to be disclosed to the purchaser prior to closing on the property so later the purchaser cannot claim they were unaware of private roads and the fees required. Mason's Crest PRD, Master Development Plan 8 Roanoke County, Virginia S._ ~~ ,ti,_ ~.. ~pP~'~ .. -. _ I 01Yt~:JAIl99 Alm AALTll9. ~ ~~ , _ • ' . 1'ARCar.lir. a97.a1ab76.9D-0990 _ _ .. . _ _ _ , ..TAX IILOC7G.•: •• !TAB YAP:97A1 rAYNUI~: I6 ,'~ A@HA®: S / ~.` ' „ / I !~ `, 1' ~'~•O1VtJpL COl1YllNilf.L LANllCD3.C \•`~ lARCR1.6996.93A1~6.990080 .\ ~/ rAxlrAr94m.' -. 'TAXNUe®lua ~ DR't~17 O19N0l:tAeaBAtmRA7~.wa~paat ZONHiQ PRD lARCffi.~ID PAYGffi.11k 997A1-09.17A9-0999 _ AOtPA®.19.66 ..._ .TAB HI.OCJ 7A8 HIACL'I \ ~ ~ ~ I TAXNOH9 . 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TAXNUIW01:7 __ TAXNWHEFCf.4-.. _ 1l000Et17Ff @ifIH:PR3SB911 207@70; AR TDI/NQ RI-0:. - _ - }AICA.IQ 997.91-01.37.U9-0090 ^°'I.U .. ACRFl~Oti: X1:14- _ - TAX HLACR:1 ~` ~ ~.;_~ TAX NAP.97A7 . ~ ~ `~. Z@mIOM1119BR: T ' ' `1 AQBA®: lM i , ~ ~ _ - I(i. ~v. _ -_ _ _ ~ ~ ` . ,' TA117B1.IDe 997A1-01JfA0-0099 ~.,~ •~• ` rAxm.oac 7 ~ TAX-Gf:97.10 20NIN0: AR ~~ ' ~ Al7lHAfHt: t.2! ~(~ r• ~ a ~-ON?7ml: CHCI1.118AADOR fARC9L ID: 097A3A1.14060990 •/•• TAX IIAh 97A9 i' • ~ AIIDAMATIDA TAX7mR~:76 ._~~~•• ROBDI90N 20NlNl7:AR -AIIC®.llk 097A7-02-0IA9-0U90 ACTlBAI>0: WA 7A8 HIAQ 2 TAX MAt.971i TAXNUAm19t:3 770NH7G AR ACRHACI9::1.16 17@A9®POL ENT PLAN a,wFOxn a caar~axsr LPDA tAlm ~ 9770~7~A69UC7A'ID! ,o..s an..,~. ...... i~~ ocmea:7,mm 7U~ 4 2UU• 4JU' tl7U' EXISTING C~NDITIO~-~ ~'~~"'~~° 1• . 7U0' .,. .~ t~ Statement of Objectives Revisions to Planned Residential Development (PRD) The revised Mason's Crest PRD Master Development Plan began with careful review of the original PRD Master Development Plan of Wilshire, dated 8-30-99. The Wilshire PRD has a proposed density not to exceed 3.5 dwelling units per acre with no more than 823 dwelling units constructed within 235 acres. The revised PRD, Mason's Crest, has a proposed density approximately 1.8 units per acre with a total unit amount estimated at 347 dwelling units. The dwelling units will be developed within the 188 acre revised PRD. The exact number of dwelling units will be determined following the development of the final site plans, however it is anticipated that it will not vary significantly from the final Mason's Crest PRD Master Development Plan and will not exceed 400 total units at 2.1 units per acre. The Mason's Crest PRD will provide specific communities within the PRD for different housing types. The gross acreage for the PRD includes all acreage within the limits of the PRD. The revised PRD does not include the 15.66 acre parcel on the west side, adjacent to and fronting on Cotton Hill Road. This is not a part of the revised PRD*. The total revised PRD property includes acreage dedicated as open green space as part of the homeowners association. In an effort to understand the potential visual impacts of development on the Blue Ridge Parkway, the developer's consultant created a detailed 3-dimensional computer model of the complete project that depicts the following: preliminary grading of roads and lots, scaled models of all unit types located on each potential building lot, existing vegetation to remain and proposed buffers. Still renderings and animations were created from the point of view of someone traveling along the Blue Ridge Parkway to proof the PRD layout. Examples of the computer model simulations are included as attached exhibits. * The revised PRD also does not include approximately 63 acres pledged to be conveyed to the Western Virginia Land Trust in fee simple with no retained interest. This is not apart of the Revised PRD and has not been utilized in the calculations of openspace. This pledge is not proffered as a part of this petition and should be considered as independent of same. Mason's Crest PRD, Master Development Plan 3 Roanoke County, Virginia ~~, ~~~ ;/ i \PPROXIMATE) 1: 9S ACRES rSS DENSITY: 33 D UJACRE Y: 1.4 D.UJACRE (NOT TO F-I.LII~IGS- 657 UNTfS ITS: 347 UNff3 (NOT TO EXCEED '~. i /. !~\ ~., ~~i\` ~• .\ ~ ( TAX 9IACZ1 ;~ `~, SrAXNllemmi \(ISA6A17B6 N07'1t76.{I~ACRBA®:1J~ ' • J /,. ' ,,'~: %:.::.: i .• ".-may /.~ F ~, ,-; ,-~. ,, '~i / • i N;HIId. SIC ~ r ~ lAFffi8 AND RA®. ee: l6 3 s r ( ~ i 1~~~``~ -'owrieA: e o9n~l:w®sArmeACR . ~~,,-__ ( ,rwecze.e ' ' rAacm.er.onAloi•ISAw TAX BI.O( ~ 1 TAX BLOCI'2 ., f ~rAXMAh ~ TAXM3AT:97A1 --._. ~ I TAXNU1fi ~ ~' TAXNOMID&l.•IS . r 27W1R7Cc/ p ~ ZOreN03: AA ,~_- ,~ ~,,, DW1~l:DALEANDe171DiB1o&1~13y -~, ; ~ - ~~ - ,•;/, ~ ~ rAACet.mm4Aia•9c9oaooo j ~ . AIC BIACC 1 ~. I rAx 1AAr.9am • • AXNU-mml; 6 -k OPEN OREEN SPACE: ~,! '\ ~ / ` Ac71sA~~ owr~ DDOOa,u , ~~~""" AND )AAIY W[R~l „3'YaC ~ ~_-~ OGS/HOA• HOME OWNERS AS90CIATR)N- 85 ACRES r"`~' ~ OG3/ARA• AMENTfY RECREATION AREA- 8 ACRES '~ -0el•~~~ \ ``". TOTAL OPEN GREEN SPACE- 93 ACRES iA~icl ®n 7 `-- ti ~l ~ '•-~ 5j,, ' . t@JalO:K \~.~\ UNIT TOTALS: AOIBAOE:3A7 --- ~ RO- SINGLE FAMQ,Y WTfHOUT ARCII1TECfURAL GUIDELIIVES: 90 RW SINGLE FAMQ.Y WI1H ARCIIITECTUAAL GUIDELIIdES: 16 - i CH-CLUSTER HOMES WTfHOUT ARCfE1EC1'UIUU. GUIDELINES: 81 ; VG VILLAC}E CLUSTER WITH J~R(Z•IITF.CTURAL GUIDELINES: 160 `)' i ~ ~ ~! RO AVERAGE LOT SIZE: .45 ACRE ~ ;.~Daorm- ~~ RW AVERAGE LOT SIZE: .45 ACRE ~ ~ : i- CH AVERAGH LOT SIZE: .17 ACRE ~ ~ ~ ~~ ~'~ VC AVERAGH LOT SIZE: .20 ACRfi ! ' ' ~ I ~' ~ ~ i ~`;;,~,,~ ;;r ,. _, ,, :. . POTENTIAL TRAII. SYSTEM ------------- ~, ~~ ~ * PLEDGED TO THIi WESTERN VIRGINIA LAND TRUST ' ' ' % PROPERTY ADJOINING THE AREA ENCOMPASSED BY THIS MASTER DEVELOPMENT PLAN HAS BEEN PLEDGED TO THE WESTERN VIRGINIA LAND TRUST. THIS PLEDGED CONVEYAN IS A GIFT IN FEE 5IlHI'LE WITH NO RETAINED IlVT'ERESTS. THI: PLEDGE IS NOT, HOWEVER, PROFFERED AS PART OF THIS PETITION AND SHOULD BE CONSIDERED AS INDEPENDENT Ol SAME. THE APPROJCAIATELY 63 ACRES CONTAINED IN THE ,NT PLAN PLEDGE ARE NOT COVERED BY THIS AMENDED PETITION AN] SHALL REMAIN AS PART OF THH ORIGINIAL WILSHIRE PRD. MASTER PLAN Berl 1JTHf9PADNAb1PADHVB<.D>?ABB'71'PLANffi PRUPFBR6D AS PARS OF TBL4 RBZOTIA'i(iTD4AL PAD AEVIS[ONe. ffi r3NAL slrA ruxs wEi. pel4ERAi.LY carsoA*+ro TAIs IOASTEA DEVHAPMEN'I' PLAN. 1) BTAEETe- 9Be CB3CIILATION PLAN POBLIC AOADB SNAIL BB CONS38DC[ED ro VDDr srANDAADa vfrrx alae. GVI1'SA A34D ASlHAL'lIC CONCREr883H3FAC8 ALL O'iliBRAOiADE AT 173E D39CiET[(H4OP ffi _ CWTBAIA OViLII4BD Di 141eA r'BOFPERI3D CONDRIONSffi 3.) OPEN ORE@I DACE EOA-LAND TO BB neso®ro HO1H3 O9vNeBS' A&90CIATA7N AAA-1ffi AM@•BTY RACAEATTON AABA.AT TH8 DISO]tE11ON 00' ffi DEVffiAPHA.3lAY BB DBBflBD TO role BD3~ owrrens A990CGTIOrL ffi BOUNDARIDe oP OPHIN OA~i sPACBAAEA$ AAE sUamcr ro cBANCa wrrE Purm4D. reE DBVHIAPIDt 3tE.~lVe9 ffi AIOHT ro cB1ANr Au NBCP.~AAY PUBLIC AND PRlVArB BA~4TR. BiCIdIDDi08ASSIvDRiTB ro)a~srffi DEVBI.OPERS sroAM nAAn4ACe ANn WORM wATP1MANAfiBLffiTl' Neese, r~louox orEN aaem4 SPACEAREAS. OwNIDe OAAYHIDII9Y PARCOL m: 097AI-0114A0~000 TAXB3ACL•2 TAX NAF.97A3 TAX*rtNOTQ• 14 zar~Ae ACRAAGL lAl ~. o sEtrmA - .a81 1 j/rAU~.nr.orrA3alae.oo~aooo I . e l%7 // TAX BIGCC:I ! 7AX MAF.97A3 TAX NUI®EIC 31 ° 0 01 . // - I.f6 ; a •~oITm34ENlmvAlssev eAAC~.IO: as•rA3a3-a~AOaooo c TAXH[ACLI TAX 14AF.97A0 ~ tAXNUl~8R:37 . ,° zamaaAa '`~ ~ AfiBA~:lA4 1, ~: OTAL PROIECI'ED ADT-3470 ° (ADT• 10 TRIPe PER 1TYYP1S.lNG UAIl'T) °' ~. 097A3-0Ia6A0-0000 1 9 'o ~ ' y~ TAX e1ACK;1 ~ °~ N r TAX I4AT:97A3 f ~ TAXNO~R:36 i/- ` '`ice •' : i1 ' ~ ~ -mIDOR ~ce W IBR , , . O l : o° l rAlumer. + •' y 6 ~ ~ 097.9101-36AOA000 ~•. ~ 11'•.`5 TAX eIACiCI -~•=:_ TAXMAP:97A0 AND AMANDA TAXNUMHB8:76 Iwsa+ea4 zamva: Al rARCffi.exo97AS4nm.o59o99 ACeEAOe:3UA TAxewcs2 rAx3sAn97m TAXNUMB10t3 ZON1N0: At ACREAOH:1.16 PRPIAI:im Pt$: RADFORD 8 COMPANY en n1eAU~ LPDA QJO ~DPSI~ AssoclAl'Es AMi PL LAND ~ I I aucarnrvuvma.>avu ~,>~,~ ~.~~.. ocroemll7, wo3 9UBABITAL: DHCEMB®l 39, 2003 REVi3ED: lANUAAY 21.1004 200' 0 200' 400' BCO• ~/ I- - 200' (APPROXIMATE) EA: 95 ACRES :OSS DENSITY: 3s D.UJACRE lTY: 1.4 D.UJACRE (NOT TO --, ~~;r- r" 3- 857 UNITS •",` j;~' NITS: 347 UNTfS (NOT TO EXCEED i i NAT ~,, ~•., l/ ~ ~~I..•,~.,~,f - •.,'`\~I-OWP1tW:lAMES AND RAL'BBL . _ -•~ ~•'. - 'i ! ~ i I PARLFI.R>: OP7A1-0YL6.04000D I "'•~~~~ a j~_ .. -- _ ~ _ I,i (~ ~ TAX BLOC/.:2 --~. /i,. it ~'~ _ _/.- i'.~"' % r !~1~~~`` \;. ~'`r ~ ~~ •COTiOPi;BB.L7AND COLC; ~'~•°~i +I, , ~ ~ ' PARCID"~@096AO~1 ? Z,.~j ~, ,~ ~~ ', ~~' l l i TAxE(nae L 1 i ,H~ '/'::.. _;...~ ; '!..\'~.`\„.~`~. ,' ~~~'~;T~M~AdBIDL~ ~ `'"/~"~/ fOWNIO$Q OWN@:JANB9 AND RACiI '~. \'~~. '~i 2>miWfr. PRD~ ~JX~'` ~- ~~ /PARCH. BS PARCBI.ID:OPTAI-03.13AW •`.`\ ->~,, ~, '. `~' ACRSA(RC 13.66 ~~ ~ TAZ RI:Oa TAX BIA[Z2 ._ ..` ~` _-, ~~ -'.\''~ ~ .~ ,.~ .1 /TAX NAP:1 TAX MAP: P7AL ,, ,4..~ , ; ~ ~, ! ~~ ~'(tifi5 AC7lt1i+or'axsii-®nf REV®f!O)~ 1 ~ ~- ~~ AQE?®:"-%~~~AatEAOa tai ~, ~ ;h r i I -'r ~ ' , r}..~f~!~ / - \. ` " ~ __ , \ ''•' ~ i•~ (, , (off;, ', ~ ~%• ~ ~-owNBe. THOlt.18 BIANDSiO - ~. a :: , •. ~ \ ~~ A ~4: N2G G. 'i1I7 . 1 T~ZMA~HR:4 ., i ., i, '~! ~~`- i`! ,~y - AND RL-AD(H1~•1131'O~ _ ~\ ~/.,. ..\, .. .} ,. PAACSL D7:096.Ob01'-0600-0000 - . . '.,`•~ '~ ~ ~ r TAX MAh 96A2 i- ~ I i >> ZONX4(k AR `Ir\ ( ,• ' ~ 1. AOtBAf~.t ~- ` - '-.~' /-~. OPEN GREEN SPACE: ,!:,;~ "_`J~J~/[~/~//! AND MARY DDNN®L _ _ _ __ _!lTL~I~~ OGS/HOA-HOME OWNERS ASSOCIATR)N- BS ACRES P"~' ~ J L OGS/ARA- AMBNTfY RECRPATION AREA- 8 ACRES we sloi-0i ~ "~^ 'Jf TOTAL OPEN GREEN SPACE- 93 ACRES rAX MAF. f6.Ot `,..,, , ,. • c ,' .. rAXNUM8017 `,~:. `., UNIT TOTALS: ARAa~L.u '.~ RO- SINGLE FAMII.Y WITHOUT ARCHITECTURAL GUIDELIIdB3: 90 °, 1 RW- SINGLE FAMII Y WTIH ARCHITECTURAL GUIDELIIJFS: 16 ~~ ; is CH-CLUSTER HOMES WITHOUT ARCHITECTURAL GUIDELWES: 81 VG VILLAGE CLUSTER WITH ARCHITECTURAL GUIDELINES: 160 ~" ~ - ~ , ' ~ i RO AVERAGE LOT S(ZE: .45 ACRE '~;,,:iuogo® . ''i ,% ~r •' ;• i' RW AVERAGE LOT SIZE: .45 ACRE ''`, j , •, - i j ~,;.!/;I ~ ; CH AVERAGE LOT SIZE: .I7 ACRE ~ VC AVERAGE LOT SIZE: ZO ACRB ~I ' ~ r i i '~~j/ POTENTIALTRAII.SYSTEM --------~--~ PLEDGED TO THE WESTERN VIRGINIA LAND TRUST ~ ~' PROPERTY ADJOINING THE AREA ENCOMPASSED BY THIS ~~~ MASTER DEVELOPMENT PLAN HAS BEEN PLEDGED TO THE WESTERN VIRGINIA LAND TRUST. THIS PLEDGED CONVEYAN IS A GIFT IN FEE SIMPLE WITH NO RETAINED INTERESTS. THIS PLEDGE IS NOT, HOWEVER, PROFFERED AS PART OF THIS PETITION AND SHOULD BE CONSIDERID AS INDEPENDENT Of SAME. THE APPROXIA4ATELY 63 ACRES CONTAINED IN THE ENT PLAN PLEDGE ARE NOT COVERED BY THIS AMENDED PETITION ANI SHALL REMAIN AS PART OF THE ORIGINIAL WILSf~tE PRD. ~~ MASTER PLAN '~~°~~ tr ~',, !~{~ .".r~ i ~I %~: 'e e'osD1e~DN~'~ rARCC~.. ~ 6sr TAXBLOCC2 TAxe6Ar:nAJ TAX NUMBER:3 zaNnda AR ACREAO& 1.16 PR@A11>to POII: RADFORD & COMPANY PR8lAR80RY: LPDA LANDP >'.AN~IO A1~Dffi~~ 90ClATP8 , ~ ~uumowKwmanmm 6rOfwia OC[OBffiL 27, 2003 9UHAhBTfAL:DHC~8R19,2003 REVISED. JANUARY 22, 2004 zoo' n 207 400' 8C0' .- 1' ~ 200' ALL 0111<+AROADS AT THE D19CSERON OF 7H8 DBVHIAFBII, IL-Y BS PR1VA78 PROVIDED 7x8Y MEET TBS CRITERIA OUTLINED IN THB PBOFFBR®COt•IDITION3. 3.J OPEN GBE@i 9PAC6 xoA-LAlm To BE DB6nPD To owNERs AssoaATlox ARA-THE A1~7[lY RBCRBATRiN ARBA, AT TH8 D18C8E110D1 OF'1HB DBV8L0l8A, 14AY BB D~BD TO THE H03~ OWNERS ASSOCIATRRd. l.)TEIS PRD3(A3IFADEVeI.aFl~n'FLANLS FaoFPSa® AS PART OF TH[S AE7ANA/6TD7AL PRD RHVL4ION3. 1'H8 FINAL 311'8 PLANS WBL QBNBRALLY 07NP0'RM 7'0 7R19 IdAS1'8R DBVEI.OPMENT PLAN. z.l s1a>>eTS s~ CLRL'ULAT~PI PLAN PDBUC aDADS SxAIL BB wNSrRDCI'ED TO VDOT BTANDARD3 TLTfH CURB, OUTTSR Alm ASPHALTIC CONCRBTB BURFACB. THEHOUNDARID9~OPENORH@iSPACBAREASAAB SUB]ECT 7'O CNANOB WITx PLATTD46. THB D8V13.DPIDL R8~V8S TBB RR81T TO ORANTALL NECESSARY FIJBI.IC AND PANA2E BA88MBIR'S, II4G1d1DDd(} EASEAtEN1'8 T03~'1' TILE DEVBLOP~9 STORM DRABVACrB AND S1ORM WATERMANAL78Yffi?f NH8D8, Tf>BWOH OPEN ORB@I9PAW AREAS. TAXBiAC[:2 rAx MAr. P7A1 TAXNIA®®L• 1/ mNava At AQIEA!]g TAI 4~ -+" I ' 1 • / E ~ 81 I ^ PAAC6L RY IDJ A3-01~iR00-0OOD / 1 ,J/ TAX BLACZI o p TAX NIJ403®1:71 ° e 2XOiM0: AR % ACFPA(RL•IA6 ~` ^ e • xoDalTON ENrmLPR>sES Jr ° PARLffi.Rk 097.0!-01-37APOOW e TAICffiAL7C 1 TAX MAF. P7A1 _ ~- ~ TAXNUMEIDt:37 '\'':° 2:ON1Ntk AR D _ ~ ACiEAO&]Ai '- ~l I1`1` '_ 1f.-QfliR(`TCT IITI'_16'M /.- o (ADT-30 TRB~8 PBR DWB[,LII4G UN1Tj - Iy,~ .o OWNSb C8CB.I,BADOA rARr~,ID: _ ~ oP7mata6AOmo6 - rAXewac:l /ti rAX NCb03IDt:36 ~ .° zaem4a:AR ~/ ' ' ALRHAD$!2S > f r ' ~~ca.MeADOR ` o97Aw1.36.000000 ~ rAXB]ncae l AMA ID 7ASMAP: P7A3 T A 7AX MlA1BII:76 wNa4D: AR m.aoma6 A3m ACREAOB: NIA '~~:~ ..~ lx, ,;~~; Land Uses The owner/developer of the revised PRD shall be required to submit to the County, with each subdivision plat or development plan submitted for approval, a summary chart showing the current gross density of the PRD, the proposed density of the section or phase proposed for development, and the gross density of the PRD upon completion of the current section or phase. Land Use Desi nagL tions The PRD contains three different residential land uses throughout the property. 1. RO/RW Single Family RW- Single Family Residential with architectural guidelines RO- Single Family Residential with without architectural guidelines The lot development standards for the RO/RW unit types in the revised PRD are derived from the standards from the Wilshire PRD Master Development plan and are attached as an exhibit. RO and RW are conventional single family detached housing as indicated in the Wilshire PRD. Although the attached exhibit indicates that RO lots may be a minimum of 6000 sq ft, but it is anticipated that all RO and RW single family lots shall be a minimum lot size of 7200 sq ft. 2. Cluster Homes (Attached homes) CH CH- Cluster Homes without architectural guidelines. The CH are attached homes that have zero lot line side yard setback requirements. The CH is primarily attached in pairs but there may be a small proportion of three building unit configurations. The lot development standards for the CH unit type in the revised PRD shall be developed using the standards from the Wilshire PRD Master Development plan and are attached as an exhibit. 3. VC, Village Cluster Reduced lot width Single Family VC -Single family reduced lot traditional neighborhood style homes with architectural Guidelines. The VC, Village Cluster, is new single family housing type to the revised PRD and was originally derived from the housing type used for the Wolf Creek Subdivision, in Roanoke County. The VC specific lot development standards are attached as an exhibit. The VC is an attempt to provide single family housing with a strong neighborhood identity and pedestrian focus. The VC housing type is a detached home with minimal side yard and front yard setbacks. The VC housing will strive to have a look and feel of a typical traditional neighborhood. The MU (multi-family housing) housing type, RV Residential Lots and Townhomes proposed in the original master development plan are not being developed in the revised PRD. Mason's Crest PRD, Master Development Plan 4 Roanoke County, Virginia ~ ~° ° .a ~ -~ ~s 0 o w o a ~~.~,~ C~ Duo w,w ~a~ ~,~ O xyj~~~ ~ ~= ~ °~ ~"o °:o _«-~ ooh Orn o .,, o v o .-~ ~., p a.l w N '~ "~ ~ E~ ~ tC p v~"'i ~ N o !+ M N z z W U a.a v °o ~ o ~ ~ ; ~ ~ 3 0 ~ o ~j h 1.~ .~ N O N ~ C' O ~ ~ cC L7 ~ fJ ~~~. ~ U ~ ~~~ ~ °c aXi o ~ o i~ ~ o a s ~ ~ o k c. y ~ 3~,; ~ a ~ y ~ ~. ~~z ~~ ~o~ N o~ ~0~~ MN Z~'"~ ~z .. y o d .. ~ o ° ~ arQ `~ ~`" z .~~ w° Q ~, m H O ,S~ M :~ ~ u 3b3 ~ N d C~CJJ /~~~r~ Rai ~'3 byy .""e CI V t~h O ~t ....1 Ca ~~zGC o oCo o ~ N oWM Mhti ~N z d'gz ~a~~.°oz ..o o~ ~ E"a'Go .~~ z ~ ~ ~ '~ ~ R N i4 ~ O O .~ O ~~" ~, 'J' ~ ~ ~~~ y o rs, d v '-' o °' ~Z~~ °~ ~ ~ e ~ ~~ ooh 4; 4. o y chi _ o d ~ ~ ~ yoz a ~w N ,.~M '~~` MN z ~'Q a s o ~ O , Q"O O v D ~ ¢'~ ~ ~ 00 ~ z ~ ~,. , "~ U G ^~ rs ~~ A `~ 0 o ~ m G rw ~ Q °~ 'n ~ ~ ~ ~ 6t P` d L S ~ ~ 4 +~ C ~ . ~ ~ ~ ~ ~ U °' CV `~ C~ vs c ~ .., o ~ a~U ,. ~„v.~'l? o A ~ ~ N ~ ~ u L G ~ y ~ a+ y a 4.. d ~i ...~ ~ ~ ~ r ~ 'Cy b ~ ~ d ~ U y ~ .U d C1 ~ A t7 . ~ u G ~ ~ l ~ ~ ~ PK .a t~ ,~ ~ ~ ~ ~ ~. 4 ~ ._ ._~ ~,, Yard Requirements See exhibits for each specific units yard setbacks. Yards for all unit types shall remain free of all uses or structures except for the following: • Fences, walls and landscaping shall be allowed in yards provided that site triangles are maintained per VDOT standards. • Driveways/parking areas shall be allowed. • Eaves, cornices, windowsills, belt courses, bay windows and chimneys may project into a required yard a distance not to exceed two feet. • Cantilevered building overhangs shall not be allowed to project into a required setback area. • Patios, decks, and stoops shall be allowed within all required setback areas. Mason's Crest PRD, Master Development Plan 5 Roanoke County, Virginia .„,., , [ Onen Green Space The open green spaces identified in the original Wilshire Master Development Plan has been maintained as open green space in the revised Mason's Crest PRD Master Development Plan. The total open green space area will comprise approximately 93 acres of the property, or 49.5% of the total site. There are two different types of open green space: • Home Owners Association (OGS/HOA), 85 acres. • Amenity Recreation Areas (OGS/ARA), 8 acres. The open green spaces are an important component of preserving the critical views from the Blue Ridge Parkway. The Home Owners Association and Amenity Recreation Open Green Space areas may fluctuate slightly in size following the development of the final lot plans. The National Park Service supplied the developer GIS mapping studies that identified the visual sensitivity zones. This information was overlayed onto the PRD to identify the specific visual impact areas within the PRD. The visual sensitivity zones overlay and the detailed 3-dimensional computer model served a key role in determining the extent of area to be set aside as viewshed protection for National Park Service. Approximately 63 acres adjoining the area encompassed by this petition has been pledged by the developer to the Western Virginia Land Trust. This pledged conveyance is a gift in fee simple with no retained interests. The pledge is not, however, proffered as a part of this petition and has been expressly removed from this revised petition and should be considered as independent to same. The homeowners association open green space shall not be maintained in a manicured state but will be a natural area. The revised PRD contains an amenity recreation area that is approximately 8 acres in size. The amenity recreation area will contain uses for the residents living in the PRD including but not limited to: community center building, community center parking and access road, pool and patio, tennis courts, community gazebo, open lawn area and trail system. The community center building shall follow the architectural guidelines. A series of trails are shown on the Master Development Plan. The developer has the discretion to develop some of the trails as hard surface, multi-use trails or woodland soft-surface pedestrian only trails. The intent is to develop the lower portions of the trail system as hard surface trails connecting to the amenity recreation area. Mason's Crest PRD, Master Development Plan 6 Roanoke County, Virginia ~~a ~- ~,~ ~~:''~ : - 7 >, _ 3 r a cp b r~ ~. O 0 0 a 0 w 3 ..., .'., .~ _~ ~k -;:~~~~ ~_ ,0 U ~ .~ . ,.., ~ ~; ~ ~ ~' U Q, o O s U~ Circulation and Road Guidelines Circulation Plan The road systems, trail systems and potential sidewalks have been identified on the attached Circulation Plan. The road guidelines are consistent with the original Wilshire Master Development Plan. Public and private roads are also shown on the Circulation Plan. The main intersection and sole state road connection is at Merriman Road and shall be developed to and constructed in accordance with VDOT public road standards and shall meet VDOT approvals for turn lanes, site distances and grades. A large portion of the entrance road corridor is undeveloped due to steep topography. Rustic stonewalls and entry signage is proposed at the main entry with woodland and slope restoration planting. All other roads within the property may be public or private at the discretion of the developer. The Circulation Plan is a guide as to potential internal PRD public and private road designations. All roads shown in the Final Master Development Plan are approximate in location and elevation and maybe adjusted slightly in the final engineering plans. The sidewalks shown in the Circulation Plan are guides to the potential location for sidewalks along public and private roads within the PRD. The developer has the discretion as to the specific locations of the sidewalks. The intent of the sidewalks is to provide effective pedestrian connections within and between each neighborhood or block, and also provide the opportunity for connections to the trail system. A trail system runs throughout the open green space areas of the site. This trail allows residents access to all amenities within the site including the amenity recreation area, the farnl pond, connections to each open green space area, and potential connections to existing development to the north. The developer has the discretion to develop some of the trails as hard surface, multi- use trails or woodland soft-surface pedestrian only trails. Road Standards All roads within the property may be public or private at the discretion of the developer. The main entrance road from Memman Road to the first main intersection of the PRD is shown as 40' from curb to curb with a 48 minimum foot ROW and shall be public or private road constructed in accordance with VDOT public road standards. This will include curb and gutter, asphaltlblacktop surface with a base. The base and surface shall be sufficient in depth to meet expected traffic volume and also meet VDOT standards. Publicly dedicated roads shall be constructed to VDOT standards and no additional standards shall be required by Roanoke County. Any roads designated to be private shall have provisions for maintenance by the homeowners association of Mason's Crest and shall be a blacktop surface and base sufficient for projected traffic volumes and meet VDOT standards. Right of ways for private roads shall be a minimum of 28' and a road width minimum of 20', curb to curb. The developer has the discretion of installing curb and gutter on private streets. Private roads shown on the Final Mason's Crest PRD, Master Development Plan '7 Roanoke County, Virginia .~ ~., ~. NOTE5: 1 J STREETS THE MASTER DEVELOPMENT PLAN HAS BEEN PLEDGED TO THE WESTERN VIRGINIA LAND TRUST. THI5 PLEDGED CONVEYS IS A GIFT IN FEE SIMPLE WITH NO RETAINED INTERBSTS. TE PLEDGE IS NOT, HOWEVER, PROFFERED A3 PART OF THIS PETITION AND SHOULD BE CONSIDERID AS INDEPENDENT ENT PLAN SAME. THE APPROXA~fATELY 63 ACRES CONTAINED IN THE PLEDGE ARE NOT COVERED BY THIS AMENDED PETITION A SHALL REMAIN AS PART OF THE ORIGINIAL WII.SHIItE PRD. CIRCUL,ATIUN PLAT rasea~tst~ x,wFORn ~ con~.~anr >~~>m: LPDA rw°" ~''°°"Tee ~rrar ww`r OC1~A, 700! A W UC1BD?f A tsLOMG70: ~mmt t9~ ]c00 18VID~7ANUAtY9.fOW 200' Q 2C0' +OC' 860' t' . icC Public Services and Utilities The revised PRD shall have access to water and sewer extension along Merriman Road. Pump stations and forced main sanitary line may be required within portions of the PRD and along Merriman Road. All development within the revised PRD shall be connected to public water and sewer systems and shall not use wells, septic systems, or any other private means of water supply or waste disposal. The cost of the development of the water and sewer system within the PRD shall be the responsibility of the developer. Detailed engineering plans shall determine the extent of forced main and gravity sewer as well as specific locations for sewer and other specific storm and utility connections. The developer has the discretion of using any existing wells on site, if they exist, for homeowners association non-potable uses only, such as irrigation or maintaining the pond level, and will not connect the wells to the public water system, as long as the use of the wells does not negatively effect the normal stream flow or private wells within the area. All new electric, telephone and cable television service within the limits of the PRD shall ultimately be underground at completion of development. The developer shall have the option of providing natural gas service within the PRD. All development shall comply with Roanoke County and Virginia erosion and sediment control and stormwater management criteria in effect at the time of final engineering plan submittal. The developer shall have the right to reserve easements within the Mason's Crest homeowners association open green space for the use of walking trails, water, sewer, storm drainage, storm detention, cable, gas, phone, electric, construction easements or any other type of easement necessary to allow the development of the revised PRD outlined in this document. Mason's Crest PRD, Master Development Plan 9 Roanoke County, Virginia ,,w ~~..~ ~... ~~.:~a Architectural and Communi - Design Guidelines The following architectural guidelines are proferred for areas of the PRD that are noted on the Mason's Crest Master Development Plan to have architectural guidelines. Theses architectural guidelines are derived from the original Wilshire PRD but have been amended and modified. Architectural Guidelines Acceptable Materials: • Board and batten wood siding (stained). • Board onboard wood (stained). • Clapboard wood siding (stained). • Tongue and Groove vertical wood siding (stained). • Shiplap vertical wood siding (stained). • Wood Shingles (natural or stained). • Log Structures (grayish-brown, medium gray or dark brown). • Synthetic or simulated composite building products, such as hard board, vinyl siding, etc., that approximates the wood patterns described above. • Color for the materials listed above shall be a medium gray, dark gray, grayish-brown, dark gray-brown, dark green, grayish buff, buff dark brown, and soft muted earth colors • Brick that is grayish brown, gray, reddish-brown, and other dark or grayish earth colors. All brick shall have a buff or gray mortar. • EFIS (Exterior finish insulation system) as building accents only, in soft muted earth colors. • Stone that is native to the area or manufactured stone that is similar in color, form and texture to native stone. • Windows with white, buff-gray or earth color trim. Unacceptable Materials • Brick that is bright red, orangish-red, pink, light red, white, or other colors. • Metal siding that is exposed, galvanized, aluminum or other shiny metal materials. • Siding that is white, whitish-gray, pink, bright silver, red, bright green blue or other colors that would draw attention or be otherwise visually out of character with the parkway corridor. • Tile-faced or ceramic-faced masonry units. • Varnished, epoxy-finished or otherwise shiny or orangish log structures. • White mortar. Roof Materials: Acceptable Roofing Material • Wood shakes that are allowed to weather naturally. Mason's Crest PRD, Master Development Plan 1 ~ Roanoke County, Virginia ~~~ ~ ~. ". -...:~ • Treated wood shingles or shakes which have natural gray, grayish-green or brownish- green color. • Standing seam copper roofs that are allowed to weather naturally. • Architectural grade (includes dimensional shingles) fiberglass or asphalt shingles with texture. The colors of these shingles shall be medium to dark gray, charcoal, grayish- brown, grayish-buff, or dark brown. Generally, soft earth tone colors that are of medium to dark value. • Slate or simulated slate of medium gray or charcoal color. • Textured concrete shingles in gray or buff-gray color. • Standing seam metal roofs, which are medium gray, dark gray, grayish-brown, black, charcoal-gray, dark grayish brown, dark greenish-black, or very dark green. Generally colors that are soft earth tone and that are of medium to dark value. Low reflectivity. • Roof vents, metal chimneys, metal chimney caps, and plumbing vents shall match the color of the roof or would be black, dark gray, or bronze in color. • Skylights shall have black, bronze, or gray trim. Unacceptable Roofing Materials: • Shiny metal roofs. • Shiny metal, exposed aluminum or exposed galvanized metal roofs. • Metal roofs of the following colors: white, light gray, light tan, pink, red, maroon, light blue, medium blue, dark blue, bright green, medium gray, orange, brownish-orange, etc. Metal roofs that attract attention by their color, contrast, brightness and reflectivity. • Ceramic or synthetic ceramic roofing tiles. • Metal shingles or stamped metal decorative roofing panels. • Flat roofs. • Plastic, vinyl or other high visibility synthetic roofs. • Shiny metal roof vents, fireplace stacks, plumbing vents, or other pipes. Building Mass and Shape • Flat roofs shall not be used. • Gable roofs and hip roofs shall be used. • Chimneys can be used but not required. • Porches on homes can be used. • Roofs shall have a minimum pitch of 6/12 on the main structure. • Roofs on the main structure of a residence shall have at least a six inch overhang. • Gambrel roofs cannot be used. • Single plane pitched roofs for houses shall not be used on the main house but can be on wings. • Steep gable roofs like the "Swiss Chalet" shall not be used (pitches in excess of 12/14). • Where possible, it is preferred that buildings step up and down with the natural slope rather than to force unnatural excavation or plat forming of the mountainside. • The developer/builder is encouraged to provide porches forward of the garage face for all unit types particularly within the VC areas but it is not a requirement. Mason's Crest PRD, Master Development Plan 11 Roanoke County, Virginia ~.~, Building Details • Awnings shall be medium to dark earth color. White, stripped patterns, and colors that amact attention shall not be used. • White and shiny aluminum shall not be used in any architectural guideline area. • Outbuildings, storage sheds, garages, and other secondary structures must match the color, texture, and material of the main house. End of Architectural Guidelines Recreational Facilities • Tennis courts and playcourts shall be oriented, landscaped and screened so that the surface and fencing is not visible from the Blue Ridge Parkway. • Night lighting of tennis courts and playgrounds shall not be allowed. • Tennis court fencing shall be black vinyl-clad chain link fence, bare galvanized is not allowed. • Swimming pools shall not be visible from the parkway and pool orientation, landscape screening shall be provided as necessary to visually screen the pool, including pool equipment, pumps and utilities from the Blue Ridge Parkway. • Poles, posts, light stansions, gates and other site details shall be black, gray, grayish brown, dark green or natural dark earth tone colors. White, bare metal, bright colors or other visually intrusive materials cannot be used. • Utility .pumphouses shall be designed to be in character with the development and should not stand out. Site Details and Landscaping • Driveways shall be surface treatment, gravel, bituminous or tinted/stamped concrete and stained concrete. White or standard plant colored concrete cannot be used. • Roads, service roads and parking areas shall be gravel, bituminous or dark gray concrete. White or standard plant colored concrete cannot be used. • Natural landforms and existing vegetation shall be utilized where possible to screen new buildings from parkway view. • Drainage shall be engineered to blend with natural landforms where possible. • "Engineered" edges in the final landform shall be avoided where possible. • Mailboxes will be dark earth colors, dark green, black or gray. Shiny aluminum, white or metal mail boxes cannot be used. • Fences: Split rail with two, three, or four rails, picket fences, snake fences and board rail fences can be used. If fences are wood they shall have naturally weathered, stained or earth color painted finish. If fences are metal they shall have dark earth colors, dark green, black or gray finishes. If fences are plastic they shall have earth color finishes. • Shiny or exposed galvanized chain-link fences, white or bright colored fencing cannot be used. Mason's Crest PRD, Master Development Plan 12 Roanoke County, Virginia ~.~.~ Landscaping: • Plant materials shall be used that are native to the region or non-native commercially cultivate varieties that are adapted for the USDA growing zone of the Roanoke area. • Blend cut and fill slopes into the natural topography where possible. • Landscape Buffers: Three landscape buffers are shown in the Mason's Crest PRD Master Development plan; buffers C, D, and E. The intent of the buffers is to provide supplemental screening of specific home locations potentially most visible form the Blue Ridge Parkway. o All buffers shall be planted immediately following the completing of site grading operations in each specific location. o All buffers shall be 50' in width, lengths and specific locations for each buffer as shown on the Master Development Plan. o Each buffer shall contain a equal mixture of large canopy deciduous trees medium canopy deciduous trees and large evergreen trees and shall be planted in staggered rows in natural groupings to blend with the existing wooded areas. o Large canopy trees shall be minimum 2 1/2" caliper at planting a maximum of 25' apart. Medium canopy trees shall be 2 '/z" caliper at planting a maximum of 15' apart. Evergreen trees shall be a minimum of 6-8 feet at time of planting and a maximum of 15' apart. o A final landscape buffer planting plan shall be submitted with the final engineering plans to Roanoke County prior to installation. Residential Design: • Recreational vehicles (RV's) and boats on trailers shall not be stored in any area visible from the parkway. • Pre-fabricated above-surface swimming pools shall not be allowed, spas shall be screened from the parkway. • Tents, pre-fab summer houses, and pre-fab storage sheds shall not be allowed. • No tarps shall be allowed. • Satellite dishes, TV antennas or external antennas shall be placed to avoid visibility from the Blue Ridge Parkway. • Streetlights may be maintained by the homeowner's association or AEP. Street lights shall be residential in character, provide only the minimum photometric requirements and provide shields and cut-off optics to avoid overlighting. In ground signage lighting shall have shield and/or cut-off optics. Signage: • The main entrance signage off of Merriman Road shall not exceed 50 square feet for the actual sign area. Maximum sign height shall be 15 feet. The attached exhibit or a representation of the potential main entry sign. The final signage location and design may change due to engineering constraints. Mason's Crest PRD, Master Development Plan 13 Roanoke County, Virginia ~,. ~a:.~ • Signage in different neighborhoods within the PRD can be used but cannot exceed 30 square feet for the actual sign area. Neighborhood Signage, excluding signage required by VDOT or Roanoke County, shall be rustic in nature with either a stone or rough wood base. Actual signage will be determined in final design and could be applied, sand blasted or plaque mounted lettering to wood, high-density painted urethane, masonry or stone. Bright colors shall not be permitted in signage. Maximum sign height for neighborhood signs shall be 10'. Multiple signs within a neighborhood can be permitted. Neighborhood signs shall be placed to not conflict with minim corner sight distances per VDOT standards. Mason's Crest PRD, Master Development Plan 14 Roanoke County, Virginia ~,.. k! . -, ~.,a ^''~ ~ - a. °ti'~ ... ~~ ~ ~ ~ ~ ~ ~ ~_ ~ ~ _, ~~ ~: ~ k~ ~ ~ ~ ~~ ~ ~~.. ~J { i . ~+ f ~__~ ~ ~ ~ . ,~~~ ti ~.~~ "~ ;z - '~ ~~, f' ~~~~ r' r.::. ~ _ ,~ >~-. ~=-_ J ~_~ ~ ~~ ~ - of s~+' r ~~\ /~~ h _ ~ , i , ~. C.. ~~.y ~~ .~ ' ~ ~, ~i ~~ ~ . ~' . ~ 4 L' l t ~~ rT~ 1 ''ti. ~ ~ ^-.,:,~ k ~~ ~ y, ~ \~ ~-~ `,`~ ~~ V ' ~ ~~ "~ti `~~~Jtjj ~ ~~, `'~.yy t 1 i ~~~~ ~ ~ r ~~ f t i ~ ~~ ~;, ', J 1 1 _. ~ ~ , ~ ~ ~ ~~'~ ~~ , ', r ~ ~--ti I~ ------rw :....~.-:~.~.~.-_- BLUE RIDGE PARKWAY 199 Hemphill Knob Road, Asheville, NC 28803 Gary W. Johnson, Chief Division of Resource Planning and Professional Services 828/271-4779 ext. 210 FAX: 828/271-4119 email Gary_W_Johnson@nps.gov Date: January 30, 2004 Memorandum To: Janet Scheid, Chief Planner, Roanoke County, Virginia From: Chief, RP & PS Subject: Review and Comment on Staff Report Reference: Petitioner: Land Planning & Design Associates, Request: Amend Planned Residential Development proffered conditions on 157 acres and rezone 31 acres from R-1 c to Planned Residential Development, Location: Merriman Road and the Blue Ridge Parkway at Mile Post 125, Magisterial District: Cave Spring Magisterial District, CASE NUMBER: 4-2104. This is in response to my review of the referenced staff report. First, I regretfully submit that my schedule has changed and I am now unable to attend the February 3, 2004 Planning Commission meeting. My absence should not be perceived as a lack of commitment to- or disinterest in the Mason's Crest project. Given this situation, I respectfully ask that my response be included as a part of the Commission meeting record. As the chief landscape architect and planner for the Blue Ridge Parkway for the past nine years I have had the opportunity to be involved with many residential development projects. Not all of my experiences have yielded a collaborative outcome that benefited both the public interest and the developer. However, the Mason's Crest residential development process is on the way to setting a high standard for how the public interest in view protection can be met, while providing an economically viable project for the development company. The manner in which Parkway staff was invited by Radford Associates to participate in the planning for this project early in the process afforded both parties the flexibility to understand and meet each others goals. At this juncture in the process I am confident in stating that Radford Associates and their consultant, Land Planning ~ Design Associates have addressed the Parkway staff's concerns. With that said I offer the following more specific comments. EXECUTIVE SUMMARY Section: We confirm that the petitioners are working closely with Parkway staff to protect one of the most critical Parkway view areas in Roanoke County and their pledge of an adjoining 63-acre property to the Parkway as an independent action is to be r ,.a,:.. , w -,..- ..._~.,.~. -s-- .. __. --. G~r~ t1lF. ,~~l~rtson, Grief Page 2 Division of Resource Planning and Professional Services commended. The NPS will continue to work with Radford Associates, Roanoke County and the Western Virginia Land Trust to effect this action. 3. ANALYSIS OF PROPOSED DEVELOPMENT Section -The still renderings and animations that were created from.the point of view of someone traveling along the Blue Ridge Parkway facilitated Parkway staff understanding of the potential visual impacts of this development on the Blue Ridge Parkway. While 90% of the impact of this project will be mitigated by non-development of the 63 acres some rooftops and structures may still be visible from the Parkway. As mentioned in the report buffering plantings are proposed and this should further minimize the perceived change in the scenic quality of this view area. We look forward to working with Radford Associates and Roanoke County on the proposed buffers. PUBLIC UTILITIES Section - As stated in the staff report the National Park Service (NPS) will need to review and update the 1999 right-of-way permit to serve 30 acres fronting on Merriman Road to allow the extension of public facilities across national park property to now serve Mason's Crest. This is primarily a procedural requirement and it is anticipated that a new permit wilt be in effect to meet construction schedules. BLUE RIDGE PARKWAY Section -This memorandum does not supercede but further details the written statement form Superintendent Daniel Brown of the Blue Ridge Parkway reporting that the proposed development of Mason's Crest responds positively to the visual resource protection concerns of the Blue Ridge Parkway. Parkway staff has worked closely with the petitioners in designing their project and minimizing impacts on the adjoining national park. ARCHITECTURAL GUIDELINES section -Parkway staff has discussed height of structures with County planning staff and concur with the revised heights and Parkway staff agree that more specific and enforceable definition of "earth tone colors" be proffered. 5. STAFF CONCLUSIONS Section -Parkway staff concur that the effort and professionalism with which this project and conceptual plan have been developed is commendable. The detailed 3-dimensional information on scenic impacts of the proposed development were very helpful in analyzing the potential impacts of this development on the community and the adjoining National Park. We look forward to our continued participation in this project. ~,^ ,,~, CHARITABLE PLEDGE AGREEMENT This Charitable Pledge Agreement is made and entered into as of the 19th day of January 2004 by and between Radford & Company, a Virginia corporation ("Radford") and the Western Virginia Land Trust, a Virginia not for profit corporation ("VWLT"). WITNESSETH WHEREAS, Radford has entered into that certain Lot/Land Purchase Agreement dated May 28, 2003 by and between Radford and Nicholas H. Beasley (the "Contract"); and WHEREAS, a portion of the property covered by the Contract is described on Exhibit "A" attached hereto and by this reference made a part hereof (the "Gifted Property") ;and WHEREAS, Radford desires to give and WVLT desires to receive the Gifted Property for the purpose of preserving same as open space protecting a critical view shed of the Blue Ridge Parkway in Roanoke County, Virginia. NOW THEREFORE FOR AND IN CONSIDERATION, of the premises and the mutual conveyance and conditions set forth herein Radford and WVLT hereby agrees as follows: 1. Radford hereby covenants to give and WVLT covenants to accept the property in fee simple pursuant to that certain Deed of Gift attached hereto as Exhibit "B" and by this reference made a part hereof (the "Deed"); the obligation of Radford to give is conditioned upon Radford obtaining the Gifted Property pursuant to the Contract. 2. Radford covenants and agrees not to amend the Contract in any way so as to modify the property covered by the Contract. Radford reserves the right to amend the Contract with regard to other issues. 3. Radford acknowledges that WVLT shall change position and take action in reliance on this pledge and that this pledge may not be revoked without the expressed consent and agreement of WVLT. 4. Radford covenants and agrees that WVLT shall sustain substantial injury should Radford breach its obligations under this Charitable Pledge Agreement and, therefore, specifically acknowledges and agrees that specific performance of this Charitable Pledge Agreement shall be available to WVLT as well as injunctive relief to enjoin any action taken by Radford in contradiction to the pledge set forth herein. 5. Radford and WVLT both acknowledge that should Radford not obtain the property by consummating the Contract, that this Pledge in no way encumbers Nicholas H. Beasley, Contract Seller, with the respect to the Property on a going forth basis. 6. WVLT and Radford acknowledge that Radford's gift of the Property as set forth in this Charitable Pledge Agreement is not tied to and has no relation with any other transaction which Radford is a part of and is an unconditional, separate and distinct obligation of Radford and WVLT. In Witness Whereof, the parties hereto, acting by and through their duly authorized officers, have executed this Charitable Pledge Agreement as of the day and year first above written. Radford & Company, a Virginia corporation B. Title: ~i'~~C~i°N~ [Corporate Seal] Western Virginia Land Trust, a Virginia not for profit corporation By: Title: ~,t-ec.G~/~t_~~tJ~ [Corporate Seal] 01/18/84 FRI 16:07 FAZ 640 J45 51J5 RADFORD AND ASSOCIATES X011/016 ROANOKE VALLEY ASSOCIATION OF REALTORS ~ Lot/Land Purchase Agreement (Thk Ix ^ w~eau:A form for use In the poschae of lots art Inad only. 1 f sal undeawal, xxk rompcicat advicx bctore signing) (Parrprgdut mak~d vl~ vn avtertrk • regtar a bhmlc to be f Ikd» a ehockM_) c~oF rim-s 1-1 - ~f2 s ns of . ~fL~,x~~n O L4 f}1 ~ (roc 5cflcr-, w'nearcr oac or mac} std A1atCb2D t ~a . (Ihc^Am~ase~~.,rhedart/wteormae).(Irobdex [. PlROP~t7Y: t'urt~ttaslr ugttxa to buy std Selhxaptza b,cll ate Ixnd, all itsKavvrnttax, dlereon heated 9n the (/fCataNy a ( )Chy W ~a F141(O 1LTC . Yagoda and ttonvilsnl a (~ denuiplioar La[ 8bck . 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TnuPfac9ta,txxhxubdpsovkcd w.Ihsxhusttrtmnorsttch xulemasl witbhf trntt:gs orate reeeiplnfauthteyuen by dteaaanehaion'IheHrchascrmaybe ra(tirrd torx0' aNcforlhepreptoation tmd ksutttue of the nqutsted aatrtarccs '11e Putrhasn may ettatx9 dtW Cotxrxt (a) wi dtb 3 dnyr afkrthe DeN; of the fu8y exectnaJ Ctxana, icon ahfore t~ Du[eof thefuQyexetatttdConraa thr rutaimatrrtxe(vca tLcaasoeisoat disdo,tvt; packer a b tptified dl M thr taaociation fFacluwnpxdfa isnot trvttilttble: (b) Mtrt>n a deyaahahxrdddivenvl ntixlnlof tbelaraeiatbet t8,clwttre pclaKOraaice; a(c) within6 dnyt aflerdteprnl markdatc if dle:ssoeixtiat disdorrre packet arnaicc is mailed to tta; Ptachcser. 7'Ac rasRaser luny Yw ertnccl this Cbttvlrct m *a)r Gntc priorlo scnkacM i rthe Pw,dtpycr h0.. nd bCrn nplifpd p,.y the asxociatiw d"+aclawaepactd will na be atroilMtlc rrom the ttsaoaMia orthC oaftltryAlitM di9claaac pnckd is not dditrercd to the Fttrdtaaer. SYrfltpt ttdiec . a(crteclWinn vh11 br Oerfd~ddivend cx moiled, rapm rpecipr gytievcd, within iLC esutcellorion period W the ^tellrr. If tltis Qatrncl it catftxlled psrwam to lhi! partlQraph, yyelt CanDCt1al10o yha ll 4C withWl ptamty, this Contras }hrtll lcl9dank and the I~Cp01il shag be rsrwdai is ton w fhC ParCh0.7er in decoManCe a+ifi fie taoccdurrdefinod i pamyrsph 8[a)nnd cm attvtnbree whh IItC prpcr)dtuepf tIS Ad. 71ta ri1,N t0 r,uwt do uat:ia[ian diadomnc packctxtd to caned this ('mttact Irnnmatcca srit(crttcrtt S ME(XiAIV)G'.S Lf6hiDiSCr,OSURE: Vir=ktia Itr (gds I a aery.1 permits pcrreaa who hone puforrfcd labor or fanrixhcd rnxerala nor theeamnctiot~ tanoval, repair of io'pton'raa+r Of any but Idini a !I*asl~te 10 ~k a 5pt agtuna the 1'ropMy, Ttis tier mpg ha filod n trry note a fter IhC varlc a convnc;fxd ortho IttiCrrd ~ ftvoiallvb. but na I:darthan thr ovlitrof (i190 days frotlttW last dal of fhc matth» Much bclicaorkscl paformcdwoAf orfumisitcd osxtcial [ ur((i190 days lYvm the dtttc dtc canttudiao. n:rtto•Y, rgntir or bnptovultt'nt is taminatcd. A.N Bt'EF~VR L[FdV FOR ~'t'ORIC Fk7tFOltDiED 1'R10R 7b TfiF. DATE OP SET1LLrMENT MAY 11E FQ,ED wFrFB SETTLEMENt. LCGAL CDUNBEL SROULD BE CON.AILTCD. ~.~ Paps 1 0( 5 Rest. 2t1U1 Whkc Copy: Sd11ttl; FSvm (_mary f'.ttfry: Seller Plnk Dopy. Ptaehaser Please lnldal _ I.tM/lnod Sd I - - Ol/1B/09 FRI 16:07 FAI 590 349 5135 RADf'ORD Aril) ASSOCIATES fdj 012 / 015 6 LAIR HO7b7N(: DISCL0.~URTa AU ofTcrsshallaa pnrtaared artsl c0nai/k70d witMw rc).jud n raee,tblax,religioa, national origira:crt.eldalirrtas. fam8ial alattu rA haM)c~p as wed ~ all Claaalr ptuloaod bytAe laws Of the 1!n fled Snag the Commanwt~ldr o[ V irtin® and npplitabk total juYrsdidipL 7. P};ItSONAt PROPERTY INC[,ITDED: The following items of pcTrrnal prophly :u~C ittelv4rQ in the .nle of br krm! and arc m pnr¢ with the ryopMy a uttkmcnt _. • 8. PIIRCFiASL+TItI[.1;:The 1'ttrChatxPact (-bt RtaeMtrc Price"} ofthl: Prapcny is ~~~ ( )Ibis pelts sba)l tilt the easel asks price. // ( prim shall 6e adjsots%1 at aU1k711Xtnt to an exact PtatJmSe tlfee of 3~~5 py7,( ) sq. h. (s)'arn;. A sarvry by a lictrtaoll satotyor slatlljyc rrctk to dctc*m-rr the exYl area stet shall tit obraircd ryrd for hY _. t~fl--G .a A 9 £r2.- --- _ Purtihud'wd)tier:MiSlcttl0rcfundOttheDepetiia,matxtrsdace;xidtproeodatesdcfincdinParagfstplt$(a)ufttraC4rlVatL andttitretgto+tovrx of do farti6 wiU have funlnr obligation (ttrCtatder b >K otaerr. 4y ~ (a) »EI'osrr: The theta ~ r~has,nat a tttpadt t~ ~, QE1_ nalatr (s ) +E~ O ~ >rv~poair~ ..ith tt,~ Sr)li~gFrms~tinn ( )fiulxrt;S < )hyather,S < IbYmn duo soil payable on .trxetp of wbi~ ss bett:by aebtow)edeed. The Dcpoyt sttaa hs plxedin artpccial eserow'raoumof Ou Sc)6nZ Frtmto eaarprmwiW the Rc~ttYulitanof lire V;rbiniaAtalEalatt Floard.lattidt may 6eaafrra7eet bCaingaccam+t- 71xt Rrrchastt ahdtllc Sclkr waive any claim to intrnxt rtetuitbtg 6tlln strclt Dcporit,'mc Dr(rprit dell beheld m a¢mw until n aedtrcd toward the Pmelatse Rim asewam;m;(ii) sell parties have :q,+ttxd in writlttgas torts dlspxltu+n:(tli}acourtol corrpaatl,~vrF.rJSCtiatrxttcrs d'etrur~rrraa arrd all appeal ptxiads have capirak or (iv) di}ppscd of io soy abet mannRaudnriaE by ds Virginia Rr~l Tutale tlmtd (Sic Paragtapb 14 for ttddiGonal infermattpn oa odide• ®cat to DcposiL) (RlC.tIl+D~x'S[+1R5[TRf15T:71lttak 4twhjoettoHraitar,crobta)tdag{ti'CONtr[1Y179Kn1~or()Wae~lt~escrtlr)~~j Wan rattmedbyafrstdt~fofwstl"rcnanlbcittr)crtyinthcptioci7e!vnta+ntofS3~[i(1~Af]!1 ~ammtia~clwcralumo[~ tan.bcatn6 Interest () al a ftstYl nm trot tacet~r>f -9F pa yea'. or( ) al an ad~tarne raw whit ao!edtial rna tta cncccding ~7a ter Yarn met a manimum tau tiering 0te trnn of the tom nW cxtrxdinE -%pwytar_ and regtsirinE tsl rrtofe than~~a,,~~ttuhal of _ loth Qncourrt poBns. cachtdn~ a roan origination [sea u tba prorpJinE rare of inrartt m tlr t6ae of scrtfemtat. annn(rcd over a tam cfZQ~R (C) T71I11D 1 ARTY S17Ct)iVD'l•RfJS'r: ]lilt syde is subjt><t 10 Rttrhaacr atrobing v Imo asurod fry a second dcc4 of lrtxst lirn oa Ike lartipcdy id dtt(rlnegWamotatlof5 Ixatitryiaten,`+t( )o~etuedrxtcnaeaorerllrre~.._ffiptzytsQar( )arao adjv>;1ah-cratewim>Nia}6a• ntlC tta ua^edme _96 pn year and a rnaalrhum vale tkrritg -!rC revel of the rrtut mt eamdiog _,% ~ year. arrenaed nrottdtry puce Icm of_ Years. and tcquir(os riot more duo a total of ~... tram rlnantatt poMta, exdtrdrng n loan piginatim fee. (D)Sf1.lEY F3NANCINC: }rurchsmrr, a txaWtmsru. slsD pjvcand Seller aErcer b holds DeRrra) Ptrrcla~aehforrey .. Hlinrd d Trust and Nan ancarred hY this pttrptrty F the antoant of (_ ~ et_%furd amrual iMCrast ore robe amorfvedovn _ years,payable in equal i ) mmlYyor ( )ymriy installrMttt6 rOralpi0y of prioe!p~ and inlerest)n tae sum d S cmrrtoerteing ( ) ottc ()) month or ( ) mtc t !) yru ham the data of untbmcm and eaMintitngoa tete:unttemly o[eaebfdlowial;( )ntonthor( }yar,vvttloth:fu4tatpaidbatatat)uc ycatffrpme).uMuularoeoiotOitsCanuau.4w~ettasersEte~xtopayfot preR'tty~ of CAderrcd Ptadtaae Moray Now artd Decd of Trust aaa'rtl as rr;tmd"mg cost oftho Dhett of7taat. Sat6 No1c and Decd orTttaa sLxll a pscpfaCd by . Attorney at ire, Toe Eked MS~oat and ]iou tfiitll tCl~ire t1tC male th ptwWe rive lRlder witft wtiltat receipts matberactyath)eevidatt:c ofpayttutnatplCattdC lattcs aM) e6ouail)':nsctnmpcemivnls widtinten(10) daysoffieduerhtetheteof,aadKt)te Properly is improvtxLtln: makes wl1 provit)e ttok-holderolall times aerntflcak ot'tar insure shvwesgGhmtally dtstttance:n [ores mdtdvowing tttettoteltottkr as ltrs paycx withpmritioa for no taaccltal)onr+Ntout al lcasl!lsMy [;0) da7~ nwicc e,atNtoldv~ tbn annum of inwnntx rcgtArd wilt Ix: an amotai equate the print+pd sttlosauted by ytr predviTr{t5t,pbYS tic sum:iwrcdby all litter, if 1ny, senior is ptiortry attic DtedofT'mu Fattt¢e s eotnytly wit}1 dvc alwre [halt emditate dcraWtttlttictsaidDtmlofTntR. Atzt~ckn~of596oft)a.tnrndifygoytuanttshaftbedaefarttayfnytntattnotrescir~lrydwttoklwldcrwiu,intirlcea(t5) dario[tAcduellnle. Sftwb}ttreprpptstyseerrtisoartrota6nso/d.uaatGrre4.twuveyedplattedtatntxt,osa0maax[fnanYrtay,~itel)oCdofTtwtraaltpravfde Ytat 16etsticc balaattstuitbr ells: asM lbyablemJsss eaprctalya(tgeorcd in wrUint by tat ootcbttWer. TFa:lkedof Trull shill conoin a prprfsipv that poxicles I[xti mty default order the terms csC amxtxx ileac! of true wroth it also a tiro a1,a; oat the Raptrry shag eoouimtr: as&Ibudt tinder dte (crtra of thi a deed of tn>_a 71x: rsic sled! provide diet the entire indtthtatbcss may Go naCad epos any dCfaurt Pstrtdta~ raa[t Move. without prnatty. the riEhl ofnnticipalion m part a is fall. Pu'rltaur,ettaeir expcue, wiR authorizv:t6gat t00tdera wfilKx: dre4h tCpartlo be furttixhedmSctlcr,•v6khsadd crsdit rcpoR sAall beordacd within truce (3) tntsitsers days slier firul xorsptanrr u f this C~aurast Seller tisor+•rS the tight W approve Porrha+rrl eafxCvrg rxdh rating, end ff dtxntrA lrrrarirhKrory 6y Seler, Seller shall ~ vc notice b Hnch:oah w;Ur;+ NrCC f3) daY" after rctrfvJng the ercmt report that Seller 4 tumlrmlint shin Corrrraa lire Ikposir xhaU tb refrarded in Cu If [v dxt Pufe)rasrr, )rt accordance with prolx4tnes definedn prragraph 8(a}- AU parties rrscrvc lac right iv lour Heir attnrr+oyts renew f1tE final tloctortrofs prior b ~:tl fcrr,rrf 10 intvrc shat the reRer latmteing provitlov are 6i plea:. (F' (YftfFRtiNANCINC 7'ExaSS: (}~ NAUtNCE C+F T7I£ PURC7IAS& PR)GC: To be paW by 14ri'aaiCr M msh, trahier's tdteclt, eorl)Lod clinch or wile trartsfer Potabt u cettkmeot U t~ s.+~r tachi]ana five on any assented l van utxxds theaxtwm specified mth(•.~tltprc paragraph,thetrdarxa: PaidbyPutchasM in rash steatitic rcdared aeerad!ngly s IhC bNl Porehnm Price. U tarmxt eau iarlawx tin m say a~nsdbar islets thvr Ihcamoua spailydin IboaboW par~rrtph, the bdlanCepa idhy Pra~aeer in errs(, shall be inasawd arcordmyy to the mw trarchax Frke. "~.,...~. ~acrr n'. •,~3 • R CA$tl COKfR~LTj f t this e a cts17 eorlrtet and thehalantx is lobe paid in tech. rhea Pure1¢;asr rhag yivc SCfler+uritun vcrTaystlon from tut binds u tWtesotvvia rdthirt businax days fronthe date lhlaContraet isaeeued by bola PtncitnsCratd Sege lh¢i dtC Purebaverhra the wets orabi6ty t61ave dip 6a)atx:e of the PplChaa Prtrr On rw heferr rhr efotina duty of rh(r Cattrrat_i Failure s Rare wrilkrr vai frnlion tram hank a rrthur stwrce6 alSoUcf whhin the stated tintC yp;a4 will birt the Seiler the right to tanbrue tlrlx Gbot+net mtd tlturupan Rrrclauefx Dcfxtsil dw0 ba rafuntled in intl. id aaor0.rotce ahh proCC4un~s4efintyirrp?rnpaphal(n} attttlnehantwahersorxesprovi4awritwrvclKnrtoa.trtht,Rtrceasertotaoyteanonfnihbtiosrbrutyreason aMr dean the Shc~s defxutt a a wraliliorr of ells CenlraGt. the Pareaaxtr will be !n default. • Ill. LOANAPPLICA77DN: !lnchaevtll mnkevnith:rtapplicmion foram Iv¢ntovhirtttars Canted asubjtstwil6in~baSlataSrdayaasdc0tYd ie Slnndad Pt»r Irian rl, ntttr fttl[ ractvtienef dth Cmtmret sad.,i0 stoke every effoet to secure the ltfrt and well ao¢pl the bar pace approved UAn'rbaat'a' A fa'k snake svrillm afrplicatiar withiathvlima apsxfie4, $C11Ma1 ~u Opl;gnwgl have Uteri n re the truce rpan notices ParcMdn. lfi'arclnsCZ t~A7 makestirttrly¢(~rliniionwd.b¢vvtemtlrcrcryelYortfails0-ruW;tiv:gptovalonar6ofof0 R). r'orrltaseviltmthedrimtedlndefa V~" tiro SUM w01 eevtrthrlrsc aavr tae rlgbt n temdnaa rho Cdwael epos ndiee to Putitaser, in that tr6tt wcaaa~ will be mGtlerl to rrftmd Of the Ikpod t in aeea~darttc wia pttatztttocs dtfltnxl'sl parl+~raplt B(s>, arr4 tltfretr}ran nptc q[dre (nrdrs w•I0 havcftudrer utrhardon Frarrantda q lire glttaa, Abrratt taco rnaias from Setter, ds tirts far ban appitwal will be automat featly extotdedaatit Sukrtsdltt~s Punehmret of lermitwttiotl. In fitly pare jroph tMword'Lpfrmvai" wh6 rcspml bloc loan ctaavs tbo wraun comrtritnbm of the kn4a to nuke dlc lotm nithant the (Itllf1hrt011 of twtaitioru tkpxafltnt tipon the nti;ot+.a of ttrirdperlir3, wra as me sdearscllk~~rtt tx Icati of otaern:altsGn or irrWnadC id atlxy, unless olherwlse agreed to in wridogby all Partin. l f Pinellas rltaks Crc7 eROd n ahraintM; ban. but toile anddtrs Coarrnc[ is krno.NCd. Ptnchaxcr wig be ratliltd to n4um of tl,e Ddposit, in:ieeordaace wi4r precCdttrec drfleed-n putttgaph ACa). 71te Ptlrchrae Eruns permlz.ion Ibr ds Srlliny Agan and the lender a diacbac to the Scllr:4 AgcN garret infvrnaliva urailaWv abaul drC progrtYS Of the ktan tpp&albn ao4 rose approval proaya. Pogc Z of 5 I-td'/f.x+rrsl .~ ",~ 5' Rev. 20tH whin Copy SullinE frn'm Canary Copy. SN kr • Pink Copy: Ptaekast: Pkaxe Itt(tbtl: Purc1/ LMA.ad Solkr '~_/ 01/18/09 FRI 16:08 FAI 590 343 5135 RADFORD AND ASSOCIATES X013/015 Thr Pttniatser tdell M to rk:fatth (f sculcmcra Does rwl occur btxattsc tha A.rcJtaeer. (~ I'•a;la f0 btlo-io the intemst rnlc(sj and dtcnk(s) inc[cavc so amt U,C Ptarhasp n0 conger QIntlJits fpr wch Gnas,cra: (h) Fmis ro oproply wilt the kssdcfs «tptucrrtertrs in u timely rnvsv: (c) Doea na tta.a else funds kr sGll• as ptovta:d in elf is [oturact ffi dr cane of FCttleatan: Or (~ Faits to mtitJ Lrnda, lidkr or ars[irtE Firm pra*yslty Of ary maicrial 0dverse Chance in Purthastx'a lmnrndut sittwbn dtal at1'eus Pmcksx~s atnl;ty to obtain Gmns;nr a (e) Dees any act fdbwing the daq of ru n e:ceevtton of thlsComtrau ttwit proventt IhC Ihtrdtastr from obue,:lp the firsaxng. TMb IS OF ~ ESSENCR FOR T[~ PAOYfSIONS OF'diftS ewatACs2wrtt. Pegs 3 or s I.odLsnd Rev.20D1 WhiteCstpy; $en'saFm, CatevyCogy: Selht PlokCopy: Feaha+a Picat:cTb;tial: Purestsa~~~f LoVLand f •11.ENGITIEBBING,FNVfHt~NMChi7~ALANIIFFA$t6i[JTYSfUW1ES:"IttisContnet ar( )i[misubjetxwduPmClm~shsni¢stayincerinC. cnvironmaialandla tsxtnbility nttd:x m hu mfr eaprsu¢ I'mchaserdtait bsvc ~lwr;aeudaya hpm the dill thli Contract ;a extewod DY both Purchaser oral Staler ee dtrermfnt. tlrOnjh Il1esC RUO)ta. wtSCthtr 1~,rltata'a plan of devcbpsncr dllc Fmp:r[y is femdWe. I f I'laelnstr dcc;dra,1>MCd upon 11>G ahmc dactnbed sueics, that wis plan It cwt RmsiblC. Putehater may tcnnisarc thla Cobtr+a by 11011 Eying /!idler SeYrr or Solkr'a Agrnt in writing tviirio tta ad,vr desrrlhcd f ita ptr;ed.. [n this Ct'tStL Purcllalcrsl,nll receive a rcfutd o(1M Deposit. rw aceordatrc ,riW prortt4tr~•x drrtned io pttrsgea(tE Mp) att[f all panla shall be rcltrvW of SWthM Lability llaardor. 71M>: „ IS OF T1~ E4.SFSVC6 FO1t ttfl-: PROYIS[ONS OFTII35 PARAGRAPH. r12.SOILS'fIIDY:ThisCnntnn( )IdM( lya'aalttlbj~taPUrthaa~s0{Haioirgawilstudyanl/orp~colatianlesl,[[wnd><fxgogovtrwmminlagtnry or srtU irssiec[ar agraaMc 1o Itotb the Purdatst7aral dar Seller. 'ibis a/taly nr nst ;7w71 be o! tltc Ptrtltaas's snk espc+rx H[rclntscrsatallnpply for srtdr start' andlnr t(vr vrith;a tarsi ntaatlaya fvllvw~:y: full csmlian ofC[attrao mdfurtheraptzsgtrwls crcry effortmsuun: approval. ?tta Contact is furd»r aotytn w the Pttrcttaser rtlasinirtg a,rh apprvva! within _ btnirc+z drys afore run r,ttaa;ra[ armisCmtr,cL frrwChostr does not apgyforsttclr study attdrorxaswithirterrtinn:puriodaasnrt3eda8oveoralsaie oprrovsrvi(nin (RuctiwC pcrioddtsctib.~alwve.Se(krsttal(YavCdreop(iua.atmy thoe.a [vmina[C this Cntrracl and tt+ceptpor i~ncitasCfs Deposit ahatl be mnavfed In ntn. Thta uttdy nr test stma ht ctsmpteted witM;a d+n t:,ntt pCttiOd destribCd alw+.o,anl skint allow fa thacrec+ionofa( )3trnkptwahomc:( )abahoomhartc:( )odlet' ,~ ]n t1tC event she ttaOVC Smdta t1o not al)ow Sot else ertttiwl of the ahevcal~xribed ttriWiog sodrm system Purehastt r,ay tero;rcae a+i~ f~DmraCf by polifYing tither5dln m Scuds Alton in tvrithtg wltlin tlx: above Aoaerii,ed timr period, artd sita)1 give tla nsdta uI t)rr ::oily atsVor ira m al! panics a this Contract. 6tdudtnP else 11o;nP ant Sotl;nl Agent. Tn Chia rvenL Pra[.•hasrr :boll rcerivea relird of fhe Irpe>sr. in accarlaruc withproardurCS d~nod in ptuagrapA S(a), " arrd a71 partita ahrR La mlievcd o! fartfttr liab;lify ln.satmtlur. TIMR IS OF 7tfC F~SEPlCI: t~iDil 7NI. trot0 VfSIt)Ny OF 7Hf5 P[tRAGRAPR. • iii. zOMWG: Purchaser has ~6esitttss days [oftowing (uR cxewtion of this Cuturxxby atl panes m vsify ttwt OtC vtopaty is Honed r` ~ "' ' ~ Sf the auttit+g is na asi++dieau:d and the ~mtT+ nw8t+)S doett cult pump PuY[tm'!ra irttertlcS use of the Fmreny. Wsch'tFer may tmninale this ConlnaKby ndifylno ,ithQ &tterm Seller's A~n,t an wAltnr W qh:n p,t nbOVe dtSCribett t)rtn lletiod. In Ot)Srvrnt. Prrrh'rsts dulF rre,;ivca mfimdedthe prppcit, in aCODIda17CCwi dtpmcedurcs d[fettd io Psnk;ruph 8(s), sad allpankstLa l1 be rclietxd of lvrlher7iabiaLyaeseenkr ]f PwclmaerdryYnotram;.nurh)rContmct+vtdtln~ hudnnr[)ayafb9ovirtrilcxeeut7nnnfrhisCaurxtrhenrhisea~dod w71 M rorniQortd to !x• waivtr/. 77Mf JS OPTHE ~'tiF7YL'ff FC1R TRA IsPOVISI0N5Oi* TIiLS PARACRAPCY 14. UEYAULT:If etd+cr Sclttt a PutcaaardCPsutu tttnles thix CCrttnCl, the tkCauhmgpatty, dt idditi0n to atl ttUr4 mmd'xsarait~,la rt law 1R in ecynity, shill aetlade Stxtttclxolteta);e kc set tooth in p:tragrr}th iG asif dtisCortr+ct lrullrnn nl-slrumedardter any twtvt~CSand all expnses itrctxted Uy tlxno[[-a>M'au)lft~ pant'. OIeL"ufmgF'mn and the Stf)'mZ Firm in conrtutian tvirh this trarrsvcuoo a[al tk mfurrem+x nfsrry provtsimx of d,'s Cnr,lraeL intlud'mr Mthaut 1Ln;inlirws ressarsnbl0 atromttys' fanand onus, Nnny. payrrrnt aria roil Hoare hroler's ra as dt4 rt~+•h Ofa tT+rissttiea rc-alirrg to tlsa Pmprrly +'birh aewrsaubaegenrrtoaderau7t emdcr[hh('.nnrmtr.sMnnotre(iC•r the dcftsddniptrtyotliobitltyroranyoaterreestbx inconruedon wphthisbansaeliat. S(touM the Purvlesa [x fhedtrsdlistE gany, Ibc ScairtC Irttm :scat[ frsvt the rishl to apply a(I tnottkc held ;atstrow toward lht Agcnt4eouUaitsnlr nail txher rtatmsot: dtte utvJx this CoaaacL Ptttehastt Ctadta ttgtcea, sMuW (tian:dasot Ec rite, tkGatltiag )+arlY. in addAion b skt,taad t'watacl trnscd;cs and tktt,asrs_ to ba ttepoeaiate kx aRteataaahle rx{cnst`s:tw,rttttry scllet in pteaervis,g a,e property and atusvexina m rcvil il, he tw9rtshm ndlimited+o imtrCSrptitd onbahs in eaislrncr on is r.opmy rd the time ni toCnch w ate tune of nsak.ltas ottsu of equity and tbe tSltrrrart 6Crwcen t!m rttt oaks proceeds of tltic Gasttrnu and t).c rlrud mCt snFrs proceods of the [rank. J/j') •IS.SEY'fLEMEM~;t^455k5St[1NcSeatanemahn[lbemadcslatTitrsef~t~.L/~ t, ff L~ rota about_~ ~_. ~'10.~i. Tbaseuio[[of the PvopTty[ha)I DcavrnusttlkmenL UtJtu ndterw;se ngrecd ;n wril;ttg by tAupmtios. Sclleraral Pkchmrrauthorbc sex! dlrca xmkrrtcnt Mrnt to provide a copy of tht uri(rod atultneuvrlsuflrrsf re tM Sdkr. purcfttsser, I.icting Finn slut Seaitg frhe~ ~ fr6. EROX}7tAGB YN.ti: SC)kr t+Lpmtema dtal he Isati ~msl u, ray a tptd yro]ccrpgC ftC of ~~ ~~ (brokerage tee) In die Hors this "ts a rmprrnrive s,lc. the Selling 1'rfm u [o rrx>.ire D AI '~' Of tht writ brokerage feo, and the Listin g Fhtrt h to rcetve else rtsnatndtr. ScllCttteteby ardgri'cei and QReela t6t taRitm~nt a~astt b distwrsc N ll,c List:tg Fort and the Soltiwg F{sm from Scllefs procccdl lh:m)wetire pon9owc oCtae tee u setiCmenL • 17. ASSiC1JABiIJTYr 'rnis Caabact ( y or ()may tine be arsigral widteut the ,rrirtat ersnrrt of the s'areasts*:tnd else Seger. If the PUICb KM aril the Satter ugfpe sn writirtg w an amiptrnanl of tltit Cootrar_t the ot(glasl ryrties n tMx (.enSrLtett mncttn obl({abxl tt~Yruadtt artil asuktrayl 1~ rACS1Alf LlcS: 7ltis Conuatt mclyhCSiptcd M one a ntorecnunterpsns,ptfi ofwhieh;a doonwl n bo atorig:ol,:w7rA of which shalt n;~t7-caa71it1t1C tore ofrhe satffi htatrurtustt 4oevntettu obta:ttd .ia fnnainaik nuchina span dso be me^+ducd ro aigirrels. 19. A1TOIRNKY'S FFISS: W airy aCGOa a prwtna6rg inrolvino o diq,up ttelwccn ate Purrlawx. tbC Stiller. the Llnkt assgor Selllep lelmt. utdng nut of ilia Comrael. n to edlax d+e 9rokenez Fri thefrrevaiGre pnny shag be emitkd b recelre from the other PmtY rrawnabie atttartcyk foes a hC QgtYttliMd DY Ibe toms or ttrhitntpr(s)- Z(1. AOp IO LS: (Uu: Fprx far edd(tio[ral t~ cwt oovosrd it f>lir C~g~- ~ /~ ~ ads t,sr~ oA1 sP'n bra ,~ ~ a z~~-- ~.. V E ~~~ -^ 01/18/09 FRI 16:09 FAZ 690 349 6135 RADFURD AND ASSOCIATES f~014/015 +zLSTAPfDMDFROVL510N5: nn5undaroPUVicionsonp~o5areineorpaalo0byrefcre~eandsL.inapplylotnuCenmin.uala:a«pmuymamned In 20.mnd excgtt the tolioving kttued~Sumtiied Prvrlabna, vhid+ae hereby dekYUt (K Iwne arc dot rood, slue "Noxe" in this btanl6. ZL. S>rI.LCR REPRFbYlYfAT[ON: Selkrvorrnots Natlhc Person(s) sipurIIitia /krecaKnt ss "Sella" uklt~dc(s) e+~cry pcrsat ~eho posrca:xs tsn oa'ncrsltiP iuerest it the Prope.sy a who.vin be a ned~ary Marty to eomsy cloy rile lC the P~opnsy. 7V)Tt4CS5 the klG:v~ing aWy wrhor6ed aigossuu u~d seals: ~ ~. ~7 ~~~" ~ `S (SHAY.) (SLf~S.) DATE Pr_ _ _ : f~ ~ DATE SOCIAL SECURITY NUMBER SOCIAL SEG~.1ttlM NUMBER ADDRESS ADDRESS p}IOl3A p}+JOf+11R (Officx) (Homc) (Office) (Home) (Fsx) (Small) (Fax) l~D) (SEAL) (SEAL) SEiiFR DATE PURCHASER DATE SOCIAL SECURf1Y NUf+~FR SOCIAL S6LZ11t1TY NUMBER AI)DRF,SS PHONE (Office} (Florae) CFa~7 (Pirreiq PHONH (~+~) (home) ~'~ ~U} L1STfNGFIItM1AGENT: f ~ o A ~tr~~j F ~5, 1 !V 1!',~ /~FYd~t'/~9 SFl1JN6 F7RI4dlA(})E78T: / ` / ~~ l`+ l ~+ ~~ -+o ~.~, . S ~ Q~ .d,, ~ n d ~-.- d 7QOi by the Rnxnola Ytney Ataocladon of REALTORS. All r:glfta rexrre[L 7Lie tarn maT ml be mpmUeard in my ma.ner, iicludmg but nos lledtW p delelL~m W addlumx. orby ry cloesronK ormcdy3al moma,a;shoa palriedion in Mitinj from nn Roxmie Valley Ascocieaoa of RBALTi3R3. 1t~ia loran nny only ce ~ y metvbox Y good tsndin= o! tlr Rmnoke VaAoy Aasot:iritr odREALTOItS. "°^~. ~. Page 4 of 5 Re~.2iK11 WhikLbp)c SenioyRrm CauaryCopy: Sdk- PStdcCoRjc Wrebaadr ~ot/Laud O1/18/U9 FRI 16:09 FAZ 540 949 5196 RADFORD AND ASSOCIATES A. DEFINITIONS: STANDARD PROVISIONS PITRCAA6lt•R'S ('I.oQN_S COS75 as used in this Agrac- ment chug'ue defined to include atron,eys' fees, appraisal fees. C1crK,: reaaiding fees, recording fixes, tide iruvrmce premi- ums, survey costa, loan ortginarioa fray credit npat lets. Icnd.:~s dacutnent prcparntion and review fees, lender's tirx service fees, lender's pta:cs'ying frx5, amrxrization schrdula fcc,r, Icnt)cr's ovtxttipJtt courier fees, kndcr's assumption fees and krrder's inspection fees. PL1RCHflSER'S PREPAID COSTS shall be defined to in- rlude HUD inaurant:e frcmiums, VA fending fec.4, private mrxtgagc iastmvxx prcminms, hmard inwranCe pr~Cmiuttls. cscrr>w contributioaa (fa• Ittxcs. private n,p-tgage insurance oral hazard insurance), unhand hvrncnwners' association duet end interest pra~atbn char$cs- P 1 shall be defined as those fees (exclud- ing origination Ccc and soy buydown pointy) chargral by a first mort~c lcntitx W make Purchaser aloan nt t{tocvrnm iltctl rare of interest ~LJYT)OWN POf N'1'S shalt be defined as thn~ tots (cxcPod- inB originarioo fcc and any discount poinu) c3tatgctl by a lust mortgage lender to make Purchaser a loan err a rate of iMacst below the standard pttvalting rate ofintereslyuoled attbc titnc of comtnibtrenL DAYS shall be dafned as each day Monday throuyhPriday, cxccpthnlidays on which the majonry of banks m the Rt><vx,La Valley arc clox,3. B.ExPE1VSESdND PRORATIONS:Sclicragrccs lvptty the cxpcnscofpreparing the dccd,SrI&t's SatUernentfoa, cextiT:cates for eat-forcigr, status and rite nxoniation tax app(icab{c tv gZtntors. Except as otherwise agrcad [ratio, att txltet expenses ittettrtod by Putchttacr Sn connecdon with this purchase shall be borne by +t,c 1'urcY+a4er. All texts. asse~- menrs,;ntcrost, rank ascrowdepositsand otl+cr owrxrship fees, ;f any, shag be prorated ax of the dart of scttkmcnt. In additirx, iu the Putcttasc Price, Purehaacragrocs to pay Sc)Icrforall fact oil or propane rcmarining in fho tank (if applicable) et the ptavai(ing market price as of the date of soatontenc C. TCPLI6: AL setriement, Stiles slob ctmvcy the Property toPunlra>•crby aCrcncrat Waranty deedcootaitting Lao ish Crwor,an[s at'i'It1c (cxccpi chat the deed from[ a pcr• snnal roprosartt:,live of an estate or from a trustee shall bC e Spccdd Wartanry deal). free of tdl cncumbtanoes, tonanclos and iicnx (except Cor texts out yet due and pryahlc), but subject to sucttrestrictivecvvcnanls tun)ea.5runenu of retool which do nw nnrcuooobty irnpa'v the use of the Drpprsty for itS intended purposex or rtxtdcrthc title ururarkotabta The legal dcstxipticm will contain tU [hC Survt:y If tine has ixsn obtained. if the Property dais not abet a public road, title W the Property must include a recorded road tnainuttarxe ttgr+cctncnt and a recorded cwCmcnt providing adequate access ttrcrcto. Sn the event this srk is subjr:aYto s financingcontingcncy trader paragraph 8, d1C access to a public road must lx aca:pieb)c to cacti such Icrdor. [f !hc t:xaru(natiat orstuvey reveals s title defectaf a character that can bo tomodieJ try k:gal aCUOrt or othcrw~tsa ahhin a reasonable lima. Sella, at iS expCltsc, shall promptly lake such serf nn a, is accessary fo core such defcct_ If rite Oeftxi is not creed within sixty (60) days stmt ScT)cr rrccivcs co[icc of rho deCccL, then cittxr party may tcrminute this COIILri1Ct at rho cxpitation of such sir,ty (6D) day period uvf rho Deposit shalt be n:furxbd to Purchaser, m accadm,CC: with procedures defeted N parse rph g(a). Upon the making of such refund, this COtltraU shall be torminatcd, anti ao party shall have any c lalm against any otlxr by mason of this Corttmct. ThC parties agree that the setrlonrcm daze prcscribcd in parasttgalt 7 5 shag be extended ifnctxsrary to cnabtc Seller to cure any title dcfecy but not fa rtrorc tfian sixty (6~ days, asters agrt:od by a'.t parties. TIMB IS OF THH ESSENCL FOR THE PRUV l- 5IONS OF THIS PARAGRAPH. ~~? ~~ D. LAND USE A$SFBSMENT: In rite event the Property ista,ted rmdtxland use aq~Ssmcntm,d th;s~ ~~S~S~ tndisqunlificruonfrorolandvscaligibit;ty,~rsl~ rj rvllbtrck texts ttsstsscd.lf thcPropcrty conrlnucs to be eligible forland ae assesstnetu. Putchaycragrcca tomake application at ptrts^hase>'s expense, far continuation under land use, and ~~ payanyronbatf texesmsultingfmmfailure W Citeortoqualify. Notwirluland;ng anything bcrein to the contrary, the pro~- sivoe of this paragraph D shall srmivc settlctnan[ and d,c delivery of the decd of bargain and sale. B, )RISK AF LOSS: All risk of loss or dart,agc to the YsopcrSy by fire, w irxitlorm, casualty or other c:mse, yr taking by ernincnr dr>rr,ain, is assumed by Setter until Settkmatt. In ~ ovens of xubxtantial [oss or damage to the Property lrcfore Settlement, Purchaser shall have the option of o'Ntot (i) icrrn+- n:reng This Contract and rccovcring dtc 1?cposlL In accord with procedures defined in paragraphg(a). or ((1) affvminB this Contract, in Which coca t Seller shall assign ro Purchaser all dtc Sctkr's ri~tts undtx any applicable policy a politics of irutu- anuc and amy condemnation aaatrls and pay over to Purrt,aser any wins received ax a resat[ of such (oss w damage. F. 6F:1.1[.ER'S AND PCJItCIiASF,R'S OPTION: In tttc corn[ the loth Gust M At{fi41(n. Seller's obligations in ParagrapltC ofthisContraaexcoatksSSOO.OO,sclicr 5fotttl have the option to (a) pay the ttxai t:osis or tb) Purchaser shall have nc~ option to (x) accept tlw Property in its present cortditivn in w}»ch r::cvc ScllcrshaA pay S51)((I.OD w Purchascrat scttltxtterrt ru (y) tcrminatc this Contract artd receive a refund of the Dcpoai4 in acmrdancc with prtlCr.`dtu+CS dotlnad in paragraph B(a). G. LAl1sOK AND MATt;.R[AL: Se[Icrstrat! deliver ltr 1?yrettaser atsettletttent an aff5tiavit, on a form acceptable to Pmchttser'a lender, if applicable, signed by Stller that nolabtx or m:utaials have been famished to the Property whltin rho statutory• period !or the filinr of mcchan;cs' or matcr•lalnrcn`s liert~ against Ure PtopeRy. 1f labor nr matCr;91d have been Fnrnistret! during the shtutoty parir,d, Seller shelf dcl)vcr to Ptncttttscr an atYidavlt signed by Seller and rite pcrson(s} furnishingtttctabot ottnateKals tltytyrcct>stxthercofhave been l~- H. CFI2TIFICATES: Seller strait dclivtx to P~r- chaser and/or Closing Attorney [lie eertificares rcgo'vcd by SocGon 1445 and GODS (Fcatn 1099s) of tf-c Intcmal Revenue code. and any Ccrtificun`s rcqu;,ed by the law. L ACCw.SS 1'0 PRf1PF.[LTY: To ferilitatc and/or consonunato rho satrlamcnt, Scllcr shall coopcrntc to allow appra}sers, inspectors ortxhcrapplicablc persons .u:ccss to the Property. PtutihascrsttallholdSclloritanttfcssagainr-tunylvss or liability to person or property resulting from such entry an rite Property and etn+duct of such entry. in tlaa event that this Contract Is nor consurnmatcd, lhCa Pltrt;haSCr i610 rvattxc the Property back to its origiruil conditiat beftxc soy rcvts tivcrc dons ~. M{SCSLLANEOUS: This Costtraet represctits thccnt'uc agrccmcm lxtwccn Stiles and Purchaser and may na be rnodiFiad orchnngcd cxttpl by wrinon lnstrurncnt cxtx:utcd bythc partics.This Conlrectshall bC wnstruad, intcrpnxcdartd appl ieds,cerxding lb the laws of the Commrvrwcatth of V irginia arxl the $clltz and Purchase bcnby bind thcrosclvcs, their lrolrs. succcFmrx, aligns, c,tccutaa and/cx admirristratrxs for the faithful pafnnrtannc of the AgrtxmcnL To the tercet arty har,dwrittcn nr lypcwri[tcn turns hcrsin conflict with, or 8re inrnrsxislent with the priotcd terms hereof, the handwritten o< rypcwrittcn terms shall twubol. Al] riQhty, powers and privl- legcs rxrnfcrttd ttcrcundtx shall bo cumulative ro, but not instead of, those otherwise avallablo at law or in equity. UNLl~S O'riilfitWlSB PROVIAEA t;~tE[l+y TtfE REP- plicSlENTAT]tONS AND WAZ;RANT~S MADEBY $EI.1.F.li t3ERFPC AND ALL OTIiER PR OVLSIONS OY Tt115 CON- 11lACf SHALL BT DE&A'IEDMI:RCr1:D TNTO THE D]fED DELIVERED AT SEf17.EMENT AND SHALL NOT SUR- VIYE 5L'TILEMENT. ~ 915/015 Page 5 of 5 I_ot/l.attd rz<..xant wdArQMy. Sunin=Fmr dmryCnvr. Setkx Pi,ikCopy: Pwdv,ra t~learrtmiiat: Puns~l' tau[.a~4 ~~~4 t., .at# A&.. M.,( Addendum _1_ of _1_ This Addend~n to Contract of purchase, which is zntade on May 28, 2003 and mod3.fies tlae original terms o£ the contract of puich2~se dated 1Vla~+ 2S. 20fl3 ,between Nichotas H. 13easlev(Sellers), and Radford & Carnnany (Ptrz~e~tasers),for the sate of real property located in the County of Roanoke. 'V"irgir-ia, and described in tiie contract as 221 acres off Cottonhill Ros~d provides as fo~ows: 1. 2. The follow-fng pa~ccels of land are included in this contract: a. Tax Map # 097.03-02-05 15.75 acres b. Tax Map # 097.4Y~02-X7 88.8$ acres c. Tas Map # 096.02-01-02 57.38 acres d. Ta~c Map # 096.02-+01-01 N59.Q4 acres Total Acreage +/- ~21.Ob acres 's.eontr s su sect ver ca ~. previous con rect. t is subject to review 2, Se Date er Date Scher Date ~.isting A ~ Revision Date' OSl29/43 Addendum .doe znniznn~ Purchaser Selling Agent Date S:\DocurncntslRdrA Documents\DocumentslCustomexslBcasley fi:~.T.BT~nCRB Rf~TV tTXn..I[iVN C[TC PbC ftbC vx.i nn'6T nTnnT ani7ni~n ` 0's /,16/04 FRI 16:06 FA% 540 34a 51x5 RADFORD AND ASSOCIATES f~] 010/015 ."' P `~ Amendment _1_ of _1„ This Amendment to the Contract of Purchase, which is made on Sentem.ber 25, 2003 and modifies the original terms of the contract of purchase dated ,may 2$. 2003 ,between Nicholas H. Beaste_v(Sellers), and Radford & Gompan~± (Purchasers),£or the sale of real property located in the County of Roanoke. Virginia, and described in the contract as ~22I acres off Cottonhill Road provides as follQwg: All parties agree to e~ctend the contract closing date to, on, or before, March 31, 20Q4. In consideration for this extension, Radford and Company a~ees to pay t4 Seller a Burn of forty Svc thousand dollars, $A~b,4~0, which is non- re£u~a.dable x£tk~is eoz~txact is mat cansuncunated, but does appty toward purchase price if Purchaser closes on the property on, or before, March Si, 2004. ~. ~ ~ ~ ~ ~~.~ ~/~l~ bate ~~chaser Dare Seller Sella Listing Agent Puzchascz Datc Date Selling Agent 2772 Electric Road. Smite Z • Roanoke, VA 84018 • (54i)) 848-b000 ~ rsa , Revision Date: 09/25/03 5:1DocumentslRc9:A DocumentslDoc~cn2eatslCustomers~I3easley Ar~-endmez~t ..tea 5-~1 Prepared by: Martin, Hopkins & Lemon, P.C. P.O. Box 13366 Roanoke, Virginia 24033 Exhibit "B" Exempted from recordation tax under the Code of Virginia (1950), as amended, Sections 58.1-811 (A) (3), 58.1-811 (D) Part of Tax Map Nos. 096.02-01-02 and 96.02-O1-Ol THIS DEED OF GIFT, made this day of , 2004, between RADFORD & COMPANY, a Virginia corporation, herein called the "Grantor", the WESTERN VIRGINIA LAND TRUST, a Virginia not for profit corporation, herein called the "Grantee". WITNESSETH: WHEREAS, the Western Virginia Land Trust is established as a nonprofit entity under Section 501(c)(3) of the Internal Revenue Code which has been in existence for more than five years and whose mission includes conservation of rural lands in Western Virginia. WHEREAS, the Virginia Conservation Easement Act, §10.1-1009 et. seg. of the Code of Virginia (1950), as amended ("Virginia Code") and the Open Space Land Act of 1966 §10.1-1700 et• sea• of the Virginia Code declares that the preservation of open-space land serves a public purpose by promoting the health and welfare of the citizens of the Commonwealth by curbing urban sprawl and encouraging more desirable and economical development of natural resources; and WHEREAS, Chapter 18, Title 10.1 of the Code of Virginia (§§ 10.1-1800 to 10.1-1804, as amended) declares it to be the public policy of the Commonwealth to encourage preservation of open- space land for the purpose of preserving the natural, scenic, historical, scientific, open-space and recreational lands of the Commonwealth; and WHEREAS, the Grantor is the owner in fee simple of the real property hereinafter described, (the "Property") and desires the Property preserved as open-space land in the public interest; and WHEREAS, the Property comprises critical open space consisting of pastureland and wooded property adjacent to and in the direct view shed of the Blue Ridge Parkway, a national cultural asset eligible for listing on the National Register of Historic Places and creating a critical buffer between adjoining developed and developing property and the Blue Ridge Parkway; and S-~( WHEREAS, conservation of the Property will further the objectives of the Roanoke County Comprehensive Plan to "preserve the scenic beauty of Roanoke County"; and WHEREAS, conservation of the Property will further the objectives of the Roanoke County Comprehensive Plan to "preserve open space, Blue Ridge Parkway views and agricultural lands". NOW, THEREFORE, in recognition of the foregoing and in consideration of the mutual covenants herein and the acceptance hereof by the Grantee, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby GIVE, GRANT and CONVEY with Special Warranty of Title unto the Grantee, all of that certain lot or parcel of land ("the Property") lying and being in the County of Roanoke, State of Virginia, and more particularly described as follows, to-wit: See Exhibit "A" attached hereto and by this reference made a part hereof. BEING a portion of the property conveyed to Grantor by deed dated , of record in the aforesaid Clerk's Office in as Instrument No. Together with all rights, members and appurtenances thereunto appertaining. This conveyance is made subject to the easements, conditions, restrictions, and agreements as are of record insofar as they may lawfully apply to said property. TO HAVE AND TO HOLD unto Grantee its successors and assigns forever. The title to the property conveyed by this deed has not been examined or certified for the Grantee or the Grantor by the attorney who prepared this deed and the attorney makes no representations as to the status of said title. The Property shall be considered to be one parcel for the purposes of this deed, and the restrictions and covenants of this deed shall apply to the Property as a whole rather than to such individual parcels. AND SUBJECT, HOWEVER, to the restriction that the Grantee may not transfer or convey the Property herein conveyed to the Grantee unless the Grantee conditions such transfer or conveyance on the requirement that (1) all restrictions and conservation purposes set forth in the conveyance accomplished by this deed are to be continued in perpetuity, and (2) the transferee is - -Page 2 of 8 ~ °. `{ an organization then qualifying as an eligible donee as defined by section 170(h)(3) of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated there under. It is expressly envisioned that Grantee shall transfer the Property to the US Government to be administered by the National Park Service (the "Park Service") as a part of the Blue Ridge Parkway. Grantor makes this conveyance subject to certain restrictions which are hereby imposed on uses of the Property pursuant to the public policies set forth above. This grant is a grant in fee simple and is not an easement and Grantor retains no rights or incidents of ownership over the Property. Grantee accepts the Property subject to the herein enumerated restrictions in order to further the conservation purposes of this gift and as an aid in achieving its charitable conservation purposes. The acts which the Grantee covenants to do and not to do upon the Property, and the restrictions which the Grantor (and the Park Service, if they so desire, shall have the right but not the obligation to enforce on behalf of the public) are hereby entitled to enforce, are and shall be as follows: 1. TRASH. Accumulation or dumping of trash, refuse, or junk is not permitted on the Property. 2. SIGNS. Display of billboards, signs, or other advertisements which are visible from outside the Property is not permitted on or over the Property except to provide notice necessary for the protection of the Property, including without limitation, posted no trespassing / no hunting signs, and for direction to visitors. No such sign shall exceed nine square feet in size. 3. DIVISION. The Property shall not be divided or subdivided. The Property may, however, be combined with and become a part of the Blue Ridge Parkway. 4. MANAGEMENT OF AGRICULTURAL AND FOREST USES. Management of forest and agricultural resources shall be in strict accord with a stewardship plan approved by the Park Service. Best Management Practices, as defined by the Virginia Department of Forestry, shall be used to control erosion and protect water quality when any material forestry activity is undertaken. The Grantee shall notify the Park Service no later than 30 days prior to the start of any material forest activity as well as within 7 days of its completion. 5. GRADING, BLASTING, MINING. Grading, blasting or earth removal shall not materially alter the topography of the Property. Notwithstanding the foregoing, no grading, blasting, or earth removal is permitted on the Property if it will materially diminish or impair the conservation values protected by this Deed. Mining on the Property is prohibited. 6. BUILDINGS AND STRUCTURES. No permanent or temporary building or structure shall be built or maintained on the Property other than structures approved in the land stewardship plan adopted pursuant to Paragraph 4. 3 - -Page 3 of 8 ' , 7. INDUSTRIAL OR COMMERCIAL ACTIVITIES. Industrial or commercial activities are prohibited. 8. ENFORCEMENT. Representatives of the Grantor or the Park Service may enter the Property from time to time for purposes of inspection and enforcement of the terms of this deed after permission from or reasonable notice to the owner or the owner's representative. The Grantee hereby grants to the Grantor and the Park Service the right to bring an action at law or in equity to enforce the conservation restrictions contained herein, specifically including the right to require restoration of the Property to a condition of compliance with the terms of this deed, to recover any damages arising from non-compliance, and to enjoin non-compliance by ex narte temporary or permanent injunction. The Grantor does not waive or forfeit the right to take action as may be necessary to insure compliance with this deed by any prior failure to act and the Grantee hereby waives any defenses of waiver, estoppel or laches with respect to any failure to act by the Grantor or the Park Service. 9. NOTIFICATION OF TRANSFER. The Grantee shall notify the Grantor and the Park Service in writing within 60 days following any transfer or sale of the Property or any part thereof. In any deed conveying all or any part of the Property, the restrictions contained in this deed shall be referenced by Instrument Number or other appropriate reference. 10. EXTINGUISHMENT. If a subsequent unexpected change in the conditions surrounding the Property makes impossible the continued use of the Property for the conservation purposes specified herein, the restrictions set forth in this deed can be extinguished only by judicial proceeding. In any sale or exchange of the Property subsequent to such extinguishment, the Grantee, or its permitted transferee, shall be entitled to the proceeds of said sale. Grantor retains no interest in the Property. The Grantee shall use the proceeds from the sale of such property in a manner consistent with the conservation purposes of this deed and of the Open-Space Land Act. 11. PARTIES TO EASEMENT: The covenants, terms, conditions and restrictions contained in this deed shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. The terms "Grantor" and "Grantee" used herein shall include, respectively, the above- named Grantor its successors and assigns, and the above-named Grantee its successors and assigns. 12. COMPLIANCE WITH THE INTERNAL REVENUE CODE SECTION 170(IT): It is the intent of the Grantor and the Grantee that this conservation gift in fee simple comply with the provisions of Internal Revenue Code Section 170 and the Treasury Regulations promulgated thereunder. This deed should be interpreted in accordance with this intent. Without limiting the foregoing, it is expressly contemplated by the parties hereby that the restrictions set forth herein and the conservation values of said restrictions as enumerated herein are granted exclusively for conservation purposes, in perpetuity, to a qualified organization for qualified conservation purposes (specifically the preservation of 4 - -Page 4 of 8 . 1 , ~ open space and the protection of the Blue Ridge Parkway) pursuant to a clearly delineated state government conservation policy and where such preservation is for the scenic enjoyment of the general public. Grantor and Grantee hereby acknowledge that Grantee has obtained prior to the recordation of this deed, documentation sufficient to establish the condition of the property encumbered by this deed at the time of the gift. 13. MODIFICATION OF RESTRICTIONS UPON CONVEYANCE OF PROPERTY TO THE US GOVERNMENT. Grantor and Grantee agree that the restrictions on the Property set forth above may be modified and amended, including deletion, by Grantee in a deed of conveyance to the US Government whereby the Property is accepted by the US Government for the use of the Park Service as a part of the Blue Ridge Parkway. Any such modification shall preserve the conservation and historic preservation values of the grant enumerated herein so as to preserve this gift's qualification under Internal Revenue Code Section 170 and The Virginia Land Conservation Incentives Act of 1999 (Virginia Code Section 58.1-510 et. seq.). The parties agree that the herein enumerated restrictions shall be deemed to be covenants running with the land and shall be perpetual. In order to increase the enforceability of said restrictions, they are expressly deemed to benefit Grantor's adjoining property and may be enforced by Grantor's successors in title until such time, if any, as the Property is conveyed to the US Government. In addition, said restrictions are intended to benefit the public and maybe enforced by Park Service on behalf of the public. The parties hereto agree and understand that any value of this donation claimed for tax purposes must be fully and accurately substantiated by an appraisal from a qualified appraiser as defined in IRS regulations (see section 1.170A-13(c)(5)), and that the appraisal is subject to review, audit and challenge by all appropriate tax authorities. The Western Virginia Land Trust makes no express or implied warranties regarding whether any tax benefits will be available to Grantor from donation of the Property in fee simple, nor whether any such tax benefits might be transferable, nor whether there will be any market for any tax benefits which might be transferable. - -Page 5 of 8 ~ r S_~~ WITNESS the following signatures and seals. GRANTOR Radford & Company, a Virginia corporation By: Title: [Corporate Seal) Accepted: GRANTEE Western Virginia Land Trust, a Virginia not for profit corporation By: Title: [Corporate Seal) COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF , TO WIT: I, , a Notary Public for the Commonwealth aforesaid, hereby certify that of Radford & Company personally appeared before me this day and acknowledged the foregoing instrument on behalf of Radford & Company. WITNESS my hand and official seal this day of , 2004. Notary Public My commission expires: (SEAL) 6 - -Page 6 of 8 ..~ ~.~ COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF , TO WIT: I, , a Notary Public for the Commonwealth aforesaid, hereby certify that Roger B. Holnback, Executive Director of the Western Virginia Land Trust, personally appeared before me this day and acknowledged the foregoing instrument on behalf of the Western Virginia Land Trust. WITNESS my hand and official seal this day of , 2004. Notary Public My commission expires: (SEAL) 7 - -Page 7 of 8 " ~ ,- Schedule "A" '.:a If - -Page 8 of 8 `~, M PETITIONER: Balzer & Associates - (Golds Gym) CASE NUMBER: 3-2/2004 Planning Commission Hearing Date: February 3, 2004 Board of Supervisors Hearing Date: February 24, 2004 A. REQUEST The petition of Balzer & Associates, InC. to amend the conditions of Ordinance 032399-8, Condition 3, to increase the maximum light pole height from 22 feet to 33.5 feet for property located at 3270 Electric Road, Cave Spring Magisterial District. Mr. Craig Balzer and Mr. Lee Eddy spoke on behalf of the applicant describing the events that lead up to the installation of light poles that exceed the limit set by the proffered condition. Mr. Balzer presented a photometric (lighting) plan that showed the 33.5' tall lights were within the maximum requirements for light intensity at the property lines. B. CITIZEN COMMENTS Mr. Richard Baldwin from Westmoreland Drive spoke against the petition. He did not want the County to set a bad precedent. Mr. Hal Jones from Thompson Lane was opposed to the amendment because he said it would set a bad precedent. C. SUMMARY OF COMMISSION DISCUSSION Mr. John Murphy, Roanoke County Planning, presented the staff memo for the petition. Mr. Azar asked for a description of the notes on the site plans related to the light pole height. Mr. Murphy stated that the correct proffers were noted on the approved site plan. Ms. Hooker stated she did not like to set a precedent by approving an amendment after the fact. Mr. McNeil asked Mr. Balzer how this error happened. Mr. Craig Balzer informed the Planning Commission that his firm had failed to communicate the specific proffer dealing with light pole height to the subcontractor and the subcontractor had not informed Mr. Eddy of the height restriction. D. CONDITIONS E. COMMISSION ACTION(S) Mr. McNeil made the motion to deny the amendment request. The motion carried 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission ,vmr Memo To: Roanoke County Planning Commission From: John Murphy, Associate Planner Date: February 3, 2004 RE: Balzer & Associates Rezoning (amend proffered condition) Location: 3270 Electric Road (JMTW, LLC. owned (Gold's Gym) Site) 4.14 acres This is a request by Balzer and Associates to amend a proffered condition regulating the maximum height of parking lot light poles at the Gold's Gym location in the Cave Spring Magisterial District. The subject parcel is zoned C-2, with conditions, and designated as Core in the 1998 Roanoke County Community Plan. In 1998 Roanoke County Board of Supervisors initiated a series of rezoning requests for a group of parcels to the rear of Springwood Park on Electric Road. At that time a large retail business was considering locating at the site. In preparation for the public hearings a community meeting was conducted to determine issues that maybe of concern to the neighborhood. Some of the issues that surfaced were sound impacts, landscaping, site access and the general design and appearance of the site. As a result of citizen's input a set of conditions were proffered with site design in mind. Roanoke County drafted and proffered a specific condition stated: "No parking lot light pole shall exceed 22' above grade." On October 13, 1998 this rezoning was approved by the Board of Supervisors. On March 23, 1999, Springwood Associates, the owner of the parcels, rezoned the group of parcels to C-2, conditional, with a Special Use Permit. As a part of this rezoning request, conditions were again proffered including the same condition limiting the parking lot light poles to a maximum of 22' from grade. In October 2002, site plans were received by Roanoke County and the plan review process began for the Gold's Gym Project on the subject parcel. As a part of the first plan review planning staff required the engineer to list all proffered conditions on the site plans. These conditions were listed as required, as well as a note on a detail sheet of the plans. In October 2003 a certificate of occupancy was requested by the contractor for the development. Upon field inspection of the site it was determined that the light poles .,~ appeared to be higher than the 22' maximum. Temporary zoning compliance, for a temporary certificate of occupancy was granted but with written notification from planning staff that verification of actual pole height would be required prior to final zoning approval. After this notification was received, agents for the developer contacted planning staff to discuss options for final zoning compliance. Staff discussed several options including a rezoning request to amend the proffered condition or to modify/replace the non- conforming light poles. Balzer & Associates has determined that the pole heights, with attached light fixtures, are no higher than 33.5 feet from grade. In addition to field verifying the height for this request a photometric plan has been submitted indicating that with the 33.5 foot light poles the light intensities are below the maximum Roanoke County lighting requirements at adjoining residential property lines to the rear and side of the Gold's Gym site. The applicant has opted to request to amend the proffered conditions to include all of the previous conditions but amending the light pole height condition to read: No parking lot light pole shall exceed 33.5 feet from grade. County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 772-2108 Fir Staff Use Onlv ~,~:', ,:. ,~ Date received: Received by: application fee: PC-fB~ date: Placards issued: BOS da a l ~. a 1 Case Number ~~ ALL APPLICANTS Check type of application filed (check all that apply) }Rezoning • •Special Use • •Variance Applicants name/address w/zip Phone: 5'IO - 77 Z' g 5~0 3s,«x-n ~ A SSoc. ~ wrars '.ct C S~(~ - 7 7 2 - 8050 Fax No . 1206 coca-1°orz bra e~~c ~E F ~, Z Di Owners name/address w/zip Phone ~ ' 353 •S ~O7 O 3MTt+l LC-G- Po.3ox gi88 Fax No. 'S`10 • ~89 '~9 Z 1 ~~o~ Y~ Property Location ,3 2 7 G EL~~~tG ~ ~ Magisterial District: ~ - S~,z, ,~ L Community Planning area: ~ w ~ _ ~ ~, ,~ Tax Map No.: •~-~ i .3 _ S_ 4 '7 Existing Zoning: G'ZC 03 23 Size of parcel(s): Acres: ~• /~ 14G Existing Land Use: e~,~,,,~„~.`~~,o, L, REZONING A1VD SPECIAL USE PERMIT APPLICANTS (R/S) Proposed Zoning: G Z ~. Proposed Land Use: ~~,,,,~ t~ri,,c., .o,, ~ 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. ? Yes ~ No T ype Does the parcel meet the minimum criteria for the requested Use IF NO, A VARIANCE IS REQUIltED FIltST If rezoning request, are conditions being proffered with this request? Yes ~ No VARL~iNCE APPLICANTS fY) Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF TH] TTEMS ARE MISSING OR INCOMPLETE. R/S V R/S V Consultation 8 1/2" x 11" concept plan Application Mete and bounds description Justification Wate sewer application I hereby certify that I am either the owner of the propert o e owners agent or consent of the owner. ~ _ ~ I ESE R/S V Application fee Proffers, if applicable Adjoining property owners contract purchaser and am acting with the knowledge and Owners Signature ~~ .~.,:. ~. JUSTIFICATION FOR REZONING OR SPECIAL USE PERMIT REQUEST' Applicant ~~ t_~~ ~ /~ S soc. w, ~ S In{G The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. -~}{., s 2C c~~~-~-r ~ s -~-~ A~ m ~c~C~ T~+~ Co~t-c~ , n o.~l S O [_ 02 Dr i.l a4 ~ C.E tr p3 z 3 g c7 - 8 Gof-LVJ ~ ~ a~ ~' ~ ~ Q ~ ~- c= ~ Nl~xiw,c~w, (,6µ-r f~c~~. 1-~c~t-E7- car Zz ~~r. ~vrL ~QO~sttb /Q yvl (~'~ D M ir'V`~T !S (O t4 t_ ~-pl.J "71-fa~ Ffi~ 1 !~ tf - ©~ Ttf-E Gct2rzc-~r~ y Comer s~rrz~c rt-~ ~~~ s . e.rzoss S ~-z._.-~ o,~[s , ~ ~ ~ ~ ~ ~ ~ t.~.--rte i~ s ~-,v n +'~Hc,-r-a inn ~r-r2 c c- Gow- P~4-fz ~ s o.~s (,Dt L ~ ~C Gov ~ r~~~ "~ ~ ~ -rte 2-r~ ~ ,mac ~- 7~+c I nil r~~4 L.~-- 5 Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. ~`~~ ~ CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered A~L APPLICANTS a. Applicant name and name of development 3~ b. Date, scale and north arrow Xc. 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. ?C f. The zoning and land use of all adjacent properties g. All property lines and easements aC h. All buildings, existing and proposed, and dimensions, floor area and heights ~i 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 I certify that all items required in the checklist above are complete. Signature of applicant Date ~~. ~~ JUSTIFICATION FOR VARIANCE REQUEST Applicant The Board of Zoning Appeals is required by Section 15.2-2309 of the Code of Virginia to consider the following factors before a variance can be granted. Please read the factors listed below carefully and in your own words, describe how the request meets each factor. If additional space is needed, use additional sheets of paper. 1. The variance shall not be contrary to the public interest and shall be in harmony with the intended spirit and purpose of the Zoning Ordinance. 2. The strict application of the zoning ordinance would produce undue hardship; a hardship that approaches confiscation (as distinguished from a special privilege or convenience) and would prohibit or unreasonably restrict the use of the property. 3. The hardship is not shared by other properties in the same zoning district or vicinity. Such hardships should be addressed by the Board of Supervisors as amendments to the Zoning Ordinance. 4. The variance will not be of a substantial detriment to the adjacent properties or the character of the district. M..,. DATE: 1-23-04 PROPOSED AMENDMENT TO PROFFERED CONDITIONS FOR TAX# 77.13-5-47 ORDINANACE # 032399-8 OWNER: JMTW LLC P.O. BOX 8188 ROANOKE, VA 24014 JMTW LLC does hereby proffer all existing proffers stated in ORDINANCE # 032399-8 with the exception of proffer # (3). Proffer # (3) shall be revised as stated below: (3) No parking lot light pole shall exceed 33.5' above grade. .~ ~'~~ /t i ~ ~. Signed: / ~ ~ ~~ Date: 1 ~L1 1 U ~-{ Interest in Property: r~ ' 01/07/2004 14:27 5407726050 BALZER AND ASSOC ROA PAGE 02/02 ~~ Legal Description for Gold's Gym Tax Parcel 77..13-OS-47.00 Beginning at a point being the northwesterly corner of n,ew tract "E" as shown on "Plat Showing the Re-subdivision of. Property of Springwood Associates, L.L.C., Creating Hereon New Tract D (1.004 AC.) and New Tract E (l .071 AC.)", as recorded in plat book 25, page 135 in the Clerk's Office of the Circuit Court of the County of Roanoke, Virginia; thence N11°40'25`'E, 102.47' to apoint; thence S76°56'51"E, 1.54'; thence N23°09'59"E, 99.11' to the southwesterly comer of the new stormwater management parcel; thence with the lines of the said stormwater management parcel the following courses and distances: S49°33'04"E, 51.00'; S77°41'53"E, 138.74'; N14°0]'51"E, 37.00'; N28°12'38"W, 48.00'; thence leaving the said stormwstcr management parcel S59°35'55"E, 480.59'; thence S38°3I'S0'~V, 374.49'; thence N69°44'27'~VV, 282.78'; thence N20° 15'33"E, 169.53'; thence N69°44'27"W, 209.46' to the point of beginning, being all of New Tract "F" as shown on "Plat Showing the Re-subdivision of .Property of Springwood Associates, L.L.C., Creating Hereon New Tract "F" (4.1492 AC.) and New Tract "G" (0.7837 AC.)" as recorded in plat book 26, page 9 in the Clerk's Office of the Circuit Court of the County of Roanoke, Virginia and containing 4.1.49 acres and being 51tUatEd In the Cave Spring Magisterial District. ofRoanoke County, Virginia. S-3 . . AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 24, 2004 ORDINANCE TO AMEND A PROFFERED CONDITION ON A 4.14-ACRE TRACT OF REAL ESTATE (GOLD'S GYM) LOCATED IN THE VICINITY OF BRAMBLETON AVENUE AND ELECTRIC ROAD (TAX MAP NO.77.13- 5-47) IN THE CAVE SPRING MAGISTERIAL DISTRICT, UPON THE APPLICATION OF BALZER & ASSOCIATES WHEREAS, the first reading of this ordinance was held on January 27, 2004, and the second reading and public hearing were held February 24, 2004; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 3, 2004; 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 in March of 1999 the zoning classification of a certain tract of real estate containing 100 acres described in Ordinance 032399-8 and located in the vicinity of Brambleton Avenue and Electric Road (All of Tax Map Nos. 77.13-5-35; 77.13-5-39; 77.13-5-40.1; 77.13-5-43.1; 77.13-5-43.2; 77.13-5-47; 77.13-5-48; 77.13-5-49; 77.13-5-50; 77.13-5-51) in the Cave Spring Magisterial District, was changed from the zoning classification of R-2, Medium Density Residential District, and C-2, General Commercial District, to the zoning classification of C-2, General Commercial District, upon the application of Springwood Associates, LLC, with the following proffered conditions: (1) The large parcel (5.26 acres) will be developed for general commercial use in either one parcel or may be divided into smaller parcels or a commercial condominium for conveyances and general commercial areas. 1 r~ (2) A buffer strip, as shown on the March 22, 1999 plan, shall be located along the property line adjoining the properties on Westmoreland Avenue. (3) No parking lot light pole shall exceed 22' above grade. (4) No off premises advertising signs shall be allowed on the property. (5) All retaining walls constructed on the property shall be constructed as split faced architectural block or equivalent. (6) The finished floor elevation of any building on the 5.26 acre parcel shall be no higher than 1150 feet. (7) The total square footage to be developed on the 5.26 acre parcel shall not exceed 50,000 square feet of commercial uses. (8) The following C-2 uses shall be prohibited on the 5.26 acre parcel: Home Occupation, Type I; Halfway House; Park and Ride Facility; Post Office; Public Parks and Recreational Areas; Bed and Breakfast; Boarding House; Commercial Outdoor Sports and Recreation; Gasoline Station; Kennel, Commercial; Pawn Shop; Recycling Centers and Stations; Amateur Radio Tower; Parking Facility. (9) The following uses permitted in C-2 with a Special Use Permit shall be prohibited on the 5.26 acre parcel: Automobile Repair Services, Major; Dance Hall; Manufactured Home Sales; Truck Stop; Landfill, Rubble; Transportation Terminal; Outdoor Gatherings; Restaurant, Drive-In and Fast Food. (10) The exterior of all buildings will be constructed of brick, drivitand/or masonry on all sides of buildings. All buildings will be finished to grade with said materials. (11) The property may be developed in substantial conformity with the conceptual development plan prepared by Shanks Associates dated March 22, 1999, attached hereto and made a part hereof. (12) The three parcels designated as Site A, Site B, and Site C on the plans prepared by Shanks Associates dated March 22, 1999, attached hereto, may be developed either for one, two or three fast food restaurants with traffic flow patterns in substantial accordance with the plans attached hereto if Special Use Permits are issued for the same, or should any or all of said sites not be used for fast food restaurants, those portions of the property may be used for any use permitted in a C-2 district other 2 _ ..., .. ~. ~.,_, ~~. ~~~ -~ than those which are prohibited on the 5.26 acre parcel by the provisions of these proffers. 2. That revision of the proffered conditions is taken upon the application of Balzer & Associates. 3. That the owner of the property has voluntarily proffered in writing the following revised condition (3) for Tax Map No. 77.13-5-47 only which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (3) No parking lot light pole shall exceed ~2' 33.5 above grade. All other proffers remain in effect. 4. That said real estate is a 4.14 acre parcel of real estate (Tax Map No. 77.13- 5-47) and more fully described as follows: Beginning at a point being the northwesterly corner of new tract "E" as shown on "Plat Showing the Resubdivision of Springwood Associates, L.L.C., Creating Hereon New Tract D (1.004 AC.) and New Tract E (1.071 AC.)", as recorded in Plat Book 25, page 135 in the Roanoke County Circuit Court Clerk's Office; thence N. 11 ° 40' 25" E. 102.47' to a point; thence S. 76° 56' 51" E. 1.54'; thence N. 23° 09' 59" E. 99.11' to the southwesterly corner of the new stormwater management parcel; thence with the lines of the said stormwater management parcel the following courses and distances: S. 49° 33' 04" E. 51.00'; S. 77° 41' 53" E. 138.74'; N. 14° 01' 51" E. 37.00'; N. 28° 12' 38" W. 48.00'; thence leaving the said stormwater management parcel S. 59° 35' 55" E. 480.59'; thence S. 38° 31' 50" W. 374.49'; thence N. 69° 44' 27" W. 282.78'; thence N. 20° 15' 33" E. 169.53'; thence N. 69° 44' 27" W. 209.46' to the Point of Beginning and being all of New Tract "F" as shown on "Plat Showing the Resubdivision of Property of Springwood Associates, L.L.C., Creating Hereon New Tract "F" (4.1492 AC.) and New Tract "G" (0.7837 AC.)" as recorded in Plat Book 26, page 9 in the Roanoke County Circuit Court Clerk's Office, and containing 4.149 acres. 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 3 . ~' Ele~trle R~r ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT ~~ _ .., COd~ AJ ~~ dr Rtly oy ~'< ~2. \ No 23. 1 40. 39. 38. ,~7 Applicants name: Balzer & Associates Inc. Zoning: Proposed C-2C Tax Map No. 77.13-5-47 °+ is. ~~ 20. e 0 D n 0 c O G7 c ~ ~ CD ~ v ~ °' 7C' `~ ~ ~ ~ N ~ m ~ o ~ = c G1 ~ v cD ~ ~ ~ (D ~ c) ~_ O ~ ~ fD N n (D ~ ~ ~ m ~ -I ~ (7 ~ O N N ~ TI O O N~ ~ ~ x N O O ~ i N -I O (~ ~ (~ <~ A 6 N N A~ i ~. o w ° ~ o ~ co ~' o ~ ~ ~• ~ cD ~ ~ O n C° ~, W ~ v ~ ~ o ~ o -~ o ~_ a ° -I '~ °~ ~ v s a~ c v~ m~~ s ~ D O (D a ~ (p (D ~ ~ N N ~ 7 ~ ~ 47 ~ ~ O ~ _ `G n. 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It should have been included with Ordinance #022404-7. Sony for the inconvenience. Mary r ~~ ~f / ,v,,. i~. ,~" ..,,, ~~ ~,. Legal description for Mason's Crest PRD t' of Pro e Located on the South Side of Being the portion of Wilshire PRD, Legal Descnp ion p rty the Blue Ridge Parkway (see attached). In addition too approximately 31.14 acres currently owned by Houghton Enterprise LP being tax parcel number 097.03-02-02.00-000. Less and except approximately 63 acres being pledged to the Western Virginia Land Trust, and less and except the approximately 15.66 acres conveyed to Cotton Hill Land Company LC by Nicholas Beasley, see plat dated 2-12-03, prepared by Lumsden Associates, P.C., recorded plat book 26 page 93. Exhibit A Mason's Crest PRD, Master Development Plan Roanoke County, Virginia of aoArvo~,~ ~ ~ ~ p 2 ~ ~ 2 J a rsas DIANE S. CHILDERS CLERK TO THE BOARD Email: dchilders~co.roanoke.va.us Ms. Karen Ewell 6347 Juliet Court Roanoke, VA 24018 Dear Ms. Ewell: P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 February 25, 2004 BRENDA J. HOLTON, CMC DEPUTY CLERK Email: bholton ®co.roanoke.va.us The members of the Board of Supervisors wish to express their sincere appreciation for your previous service as an alternate member of the Grievance Panel. I am pleased to inform you that, at their meeting held on Tuesday; February 24, 2004, the Board of Supervisors voted unanimously to appoint you as a member to the Grievance Panel for athree-year term. Your new term began on February 23, 2004 and will expire on February 23, 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. 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, C~~~tz~t~ ~f ~n~x~oC~e Diane S. Childers, Clerk Roanoke County Board of Supervisors Enclosure cc: Joe Sgroi, Director, Hurnan Resources O~ POANpf.~ ti ~ A z ~ 1838 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 February 25, 2004 Mr. Thomas A. Darnall 1010 Halliahurst Avenue Vinton, VA 24179 Dear Mr. Darnall: BRENDA J. HOLTON, CMC DEPUTY CLERK Email: bholton®co.roanoke.va.us The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Building Code Board of Adjustments and Appeals. am pleased to inform you that, at their meeting held on Tuesday, February 24, 2004, the Board of Supervisors voted unanimously to re-appoint you as a member of the Building Code Board of Adjustments and Appeals for an additional four-year term. Your new term began on January 22, 2004, and will expire on January 22, 2008. 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 riot to your participation on this Board. Please telephone Steven A. McGraw, at 387-6205, to arrange to have this oath administered. Mr. McGraw has asked that you bring this letter with you. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, ~~ Diane S. Childers, Clerk to the Board of Supervisors Enclosures cc: Joel Baker, Building Commissioner Steven A. McGraw, Clerk, Circuit Court L' OF POAN ~.~ ti:~, z s' ~ c> a= C~~~~ ~a~ ~~xx~~a.~ 1g3 Board of Supervisors P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VA 24018-0798 Richard C. Flora, Chairman Joseph B. "Butch" Church Hollins Magisterial District Catawba Magisterial District Michael W. Altizer, Vice-Chairman Joseph McNamara Vinton Magisterial District Windsor Hills Magisterial District Michael A. Wray Cave Spring Magisterial District February 24, 2004 Ms. Phyllis W. James 169 James Acres Lane Boones Mill, VA 24065 Dear Ms. James: Enclosed is a resolution of appreciation upon your retirement which was unanimously approved at the February 24, 2004, 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 throw which was exclusively designed for Roanoke County. We hope this throw 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 Roanoke County throw with our best wishes for a productive retirement and continued success in the future. Sincerely, '~ , ~.,,,, .....5~ c. ~-~. ~ a... Richard C. Flora, Chairman Roanoke County Board of Supervisors Enclosure OFFICE: FAX: VOICE MAIL: (540)772-2005 (540)772-2193 (540)772-2170 E-MAIL: bos @co.roanoke.va.us ~ n Y. ~ . F o`~aAN~ L ti: 9 G'1 ov .az ~.J~~~~~ ~~ ~~~~~ rasa Board of Supervisors P.O. BOX 29800 5 204 BERNARD DRIVE ROANOKE, VA 24018-0798 Richard C. Flora, Chairman Joseph B. "Butch" Church Hollins Magisterial District Catawba Magisterial District Michael W. Altizer, Vice-Cha irman Joseph McNamara Vinton Magisterial District Windsor Hills Magisterial District Michael A. Wray Cave Spring Magisterial District February 25, 2004 Pastor Jonathan Runnels Seventh Day Adventist Church 1601 Melrose Avenue NW Roanoke VA 024017 Dear Pastor Runnels: On behalf of the Board of Supervisors, I would like to thank you for offering the invocation at our meeting on Tuesday, February 24, 2004. 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, Richard C. Flora, Chairman Roanoke County Board of Supervisors OFFICE: FAX: VOICE MAIL: (540)772-2005 (540)772-2193 (540)772-2170 E-MAIL: bos@co.roanoke.va.us ~~ ~, J w n:.~. i Y AND ASSOCIATES, INC. ~I ~~ REFLECTING TOMORROW February 24, 2004 Mr. Richard C. Flora, Chairman Mr. Michael W. Altizer, Vice-Chairman Mr. Michael A. Wray Mr. Joseph McNamara Mr. Joseph B. "Butch" Church Roanoke County Board of Supervisors P.O. Box 29800 Roanoke, VA 24018 RE: Gold's Gym Property Gentlemen: Hand Delivered After careful review and consideration Balzer and Associates, Inc. hereby withdraws its petition to amend the conditions of Ordinance 032399-8, Condition 3, to increase the maximum light pole height from 22 feet to 33.5 feet for the property located at 3270 Electric Road, Cave Spring Magisterial District. The existing light fixtures will be brought into compliance with the requirements of the Ordinance within 30 days. Your attention to this matter is appreciated. Thanking you for your service to the Citizens of Roanoke County, I am Sincerely, BALZER A ASSOCIATES, INC. Jam W. McAden S retary /Treasurer JWM/bs cc: John Murphy PLANNERS • ARCHITECTS ENGINEERS • SURVEYORS ROANOKE 1208 Corporate Circle • Roanoke, Virginia 24018 • (540) 772-9580 FAX (540) 772-8050 \\Roanoke-server\Worddocs\STAFFDIR\JWM\LETTERS\2004 Letters\Rke Co Board of Supervisors 2-24-04.doc ~ ~ 1 _~ ~ ~ II 1 \ ` __ ~f J 1 r `` ~ ~ I ~ ~ \ ~ st `~ 4 / L _ o ~Ng ~ ~~.~ ~~~~ ~~ ~~~ ~~ / 1. ~ 1 \ 1 ~ _--_---- "~ _~- ~- ~ -~ 1 _. ~ _ ~' 1 s ~ ...- °y I ~,,/ / / ' ~/ / ~/ ~ / i ~ ~ .. '07 i ~~ ~ ~ i ~~~~ ~ ~' / / / ~ ~ / ~- ~ - / % / / / ~; / / s l / ~. / / '~ / i $ ~y ~~ ' ~~ ~~ L J ~ ~~~~~ ~ ~ ~~~ ~ ~~~ N ~ ~ ~q~ ~ ; g`~~`~~{JJY ~ o ~~ W ~ ~ I I ~+ ~ ,,,N xdabb~b a^oemSo $~$ ~ ~ ~~~ ~Ft7s ~W ~~ ~~~ J ~a ~~ OZ a~rrr P '4 ~ U ___ _ _ __, / r .r~. / Or ~at"~% / +. / ~~~ ~~ ~ ~ ~R ~/ • iii n n ei~ ~y ~~ d~ / ~ :• •. 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Roanoke County, VA Blue Rid a Behavioral Healthcare Board of Zonin A eals a ointed b District Building Code Board of Adjustments and Appeals and Fire Code Board of eals Clean Valle Council Grievance Panel Industrial Develo ment Authorit Lea ue of Older Americans Librar Board a ointed b District Parks Recreation & Tourism Advisor Committee A ointed b District Plannin Commission Roanoke Re Tonal Air ort Commission Roanoke Re Tonal Cable TV Committee Roanoke Valle -Alle han Re Tonal Commission Roanoke Valley-Alleghany Regional Commission Metropolitan Planning Or anization Roanoke Valle Greenwa Commission Roanoke Valle Resource Authorit Social Services Advisor Board it inia Western Communit Colle e Board Page 1 of 1 http://www.roanokecountyva.gov/www.RoanokeCountyVA.gov/Templates/PrintTemplate.... 2/ 18/2004 Diane Childers - RE: Meadows/Schuyler, Garden Club, Balzer, Land Planning Page 1 From: Martha Plank <Martha.Plank@Roanoke.com> ~~ d''q"~ To: 'Diane Childers' <DCHILDERS@co.roanoke.va.us> Date: 2/9/04 9:26AM Subject: RE: Meadows/Schuyler, Garden Club, Balzer, Land Planning Thanks Diane This runs Feb. 10 & 17 -cost is 154.24... LEGAL NOTICE~~ROANOKE COUNTY~~BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, February 24, 2004, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Les and Angela Meadows and Barbara J. Schuyler to obtain a Special Use Permit to operate a Private Kennel on 1.5 acres located at 5005 Buffalo Circle, Catawba Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: February 6, 2004Diane S. Childers, Clerk (2301885) Martha Fisher Plank, Legal Adv. Rep. THE ROANOKE TIMES Ph.: 540-981-3440 * Fax: 540-981-3415 Email: legals@roanoke.com "Do unto others as you would have them do unto you" -Golden Rule > From: Diane Childers > Sent: Wednesday, February 4, 2004 11:40 AM > To: legals@roanoke.com Diane Childers - RE: Meadows/Schuyler, Garden Club, Balzer, Land Planning Page 1 _. From: Martha Plank <Martha.Plank@Roanoke.com> To: 'Diane Childers' <DCHILDERS@co.roanoke.va.us> Date: 2/9/04 9:32AM Subject: RE: Meadows/Schuyler, Garden Club, Balzer, Land Planning This runs Feb. 10 & 17 -cost is 163.88... thanks... LEGAL NOTICE~~ROANOKE COUNTY~~BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, February 24, 2004, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Roanoke Council of Garden Clubs, Incorporated, to rezone 2.37 acres from R-1 Low Density Multi-Family Residential District to C-1 Office District in order to construct a general office located at 3640 Colonial Avenue, 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: February 6, 2004Diane S. Childers, Clerk (2301900) Martha Fisher Plank, Legal Adv. Rep. THE ROANOKE TIMES Ph.: 540-981-3440 * Fax: 540-981-3415 Email: legals@roanoke.com "Do unto others as you would have them do unto you" -Golden Rule > From: Diane Childers > Sent: Wednesday, February 4, 2004 11:40 AM > To: legals@roanoke.com Diane Childers - RE: Meadows/Schuyler, Garden Club, Balzer, Land Planning Page 1 From: Martha Plank <Martha.Plank@Roanoke.com> To: 'Diane Childers' <DCHILDERS@co.roanoke.va.us> Date: 2/9/04 9:45AM Subject: RE: Meadows/Schuyler, Garden Club, Balzer, Land Planning Thanks -this runs Feb. 10 and 17 -cost is 163.88 LEGAL NOTICE~~ROANOKE COUNTY~~BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, February 24, 2004, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Balzer & Associates, Inc. to amend the conditions of Ordinance 032399-8, Condition 4, to increase the maximum light pole height from 22 feet to 33.5 feet for property located at 3270 Electric Road, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: February 6, 2004Diane S. Childers, Clerk (2301910) Martha Fisher Plank, Legal Adv. Rep. THE ROANOKE TIMES Ph.: 540-981-3440 "Fax: 540-981-3415 Email: legals@roanoke.com "Do unto others as you would have them do unto you" -Golden Rule > From: Diane Childers > Sent: Wednesday, February 4, 2004 11:40 AM > To: legals@roanoke.com Diane Childers - RE: Meadows/Schuyler, Garden Club, Balzer, Land Planning Page 1 From: Martha Plank <Martha.Plank@Roanoke.com> To: 'Diane Childers' <DCHILDERS@co.roanoke.va.us> Date: 2/9/04 9:51 AM Subject: RE: Meadows/Schuyler, Garden Club, Balzer, Land Planning Thanks Diane -this last one also runs Feb. 10 & 17 -cost is 183.16 Have a good week... LEGAL NOTICE~~ROANOKE COUNTY~~BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, February 24, 2004, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Land Planning & Design Associates to amend conditions on Planned Residential Development consisting of approximately 157 acres and rezone 31.2 acres from R1-C Single Family Residential District with conditions to PRD, located on Merriman Road (Route 613) south of the Blue Ridge Parkway at milepost 125, 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: February 6, 2004Diane S. Childers, Clerk (2301943) Martha Fisher Plank, Legal Adv. Rep. THE ROANOKE TIMES Ph.: 540-981-3440 * Fax: 540-981-3415 Email: legals@roanoke.com "Do unto others as you would have them do unto you" -Golden Rule > From: Diane Childers > Sent: Wednesday, February 4, 2004 11:40 AM > To: legals@roanoke.com Ll+iane Childers -Ads: Meadows/Schuyler, Garden Club, Balzer, Land Planning 1 _ From: Diane Childers To: legals@roanoke.com Date: 2/4/04 11:40AM Subject: Ads: Meadows/Schuyler, Garden Club, Balzer, Land Planning Martha, a I ~L>i I~>~-~ Attached are four legal ads to be published on February 10 and February 17. If you have any questions, please do not hesitate to contact me. Diane S. Childers Clerk to the Board County of Roanoke Phone: (540)772-2003 Fax: (540) 772-2193 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, February 24, 2004, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Les and Angela Meadows and Barbara J. Schuyler to obtain a Special Use Permit to operate a Private Kennel on 1.5 acres located at 5005 Buffalo Circle, Catawba Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: February 6, 2004 Diane S. Childers, Clerk Please publish in the Roanoke Times: Tuesday, February 10, 2004 Tuesday, February 17, 2004 Direct the bill for publication to: Les & Angela Meadows & Barbara Schuyler 5005 Buffalo Circle Salem, VA 24153 (540) 380-2256 cell (304) 673-9430 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Diane S. Childers Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, February 24, 2004, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Roanoke Council of Garden Clubs, Incorporated, to rezone 2.37 acres from R-1 Low Density Multi-Family Residential District to C-1 Office District in order to construct a general office located at 3640 Colonial Avenue, 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: February 6, 2004 Diane S. Childers, Clerk Please publish in the Roanoke Times: Tuesday, February 10, 2004 Tuesday, February 17, 2004 Direct the bill for publication to: Edward A. Natt, Esquire Osterhoudt, Prillaman & Natt 3912 Electric Road Roanoke, VA 24018 (540) 725-8180 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Diane S. Childers Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 2 LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, February 24, 2004, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Balzer & Associates, Inc. to amend the conditions of Ordinance 032399-8, Condition 4, to increase the maximum light pole height from 22 feet to 33.5 feet for property located at 3270 Electric Road, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: February 6, 2004 Diane S. Childers, Clerk Please publish in the Roanoke Times: Tuesday, February 10, 2004 Tuesday, February 17, 2004 Direct the bill for publication to: Balzer & Associates Inc. Attn: Sean Horne 1208 Corporate Circle Roanoke, VA 24018 (540) 772-9580 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Diane S. Childers Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 3 LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, February 24, 2004, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Land Planning & Design Associates to amend conditions on Planned Residential Development consisting of approximately 157 acres and rezone 31.2 acres from R1-C Single Family Residential District with conditions to PRD, located on Merriman Road (Route 613) south of the Blue Ridge Parkway at milepost 125, 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: February 6, 2004 Diane S. Childers, Clerk Please publish in the Roanoke Times Tuesday, February 10, 2004 Tuesday, February 17, 2004 Direct the bill for publication to: Land Planning & Design Associates Attn: John Schmidt 310 East Main Street, Suite 200 Charlottesville, VA 22902 (434) 296-2109 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Diane S. Childers Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 4 Accreditation & Professional Standards ,~ _.. Roanoke County Sheriff s Office Achieves National Re-Accreditation from ACA! Page 1 of 2 On August 11, 2003, the Roanoke County/Salem Jail was honored to be re-accredited by the American Correctional Association. The Roanoke County/Salem Jail is only the 7th out of 85 local jails in Virginia and 98th out of over 4,000 local jails nationwide to achieve accredited status by ACA. The Sheriff s Office staff dedicated themselves to three year's worth of hard work and thorough self-examination of the jail facility and it's operations to ensure compliance with the 440 standards necessary for accreditation. The standards cover such areas as the jail's administrative operations, budget/fiscal management, staff training, inmate records, jail security & operations, http://www.co.roanoke.va.us/Sheriff/Accreditation.htm 2/ 13/2004 b'heriff Gerald S. Holt, Deputy Lisa Park (Accreditution Manager) and Assistant Connry Administrator Dan O'Donnell accepting• the award for accreditation. Accreditation & Professional Standards ,. Page 2 of 2 inmate classification and discipline, jail physical plant, food service, safety & sanitation, health care and other inmate services & programs. To be accredited by the ACA, a jail must be in compliance with 100% of the mandatory standards (38) and 90% of the non-mandatory standards (401). The Roanoke County/Salem Jail is proud to report compliance with 100% of the mandatory standards and 98% of the non-mandatory standards. Several of the standards found in non- compliance dealt with the jail's physical plant (construction) and were not capable of being brought into compliance without major facility renovation. The three year accreditation award granted to Roanoke County/Salem Jail does not signal the end of our involvement in the accreditation process. During the award period, staff will work to improve any deficiencies identified during the audit and maintain continuous compliance with the standards. ABOUT ACA ACCREDITATION The accreditation program is a professional peer review process based on national standards that have evolved since the founding of the Association in 1870. The standards were developed by national leaders from the field of corrections, law, architecture, health care and other groups interested in sound correctional management. ACA standards address services, programs and operations essential to effective correctional management. Through accreditation, an agency is able to maintain a balance between protecting the public and providing an environment that safeguards the life, health and safety of staff and offenders. Standards set by ACA reflect practical up-to-date policies and procedures and function as a management tool for agencies and facilities throughout the world. ,4~_'A Linlc to American Correctional Asswcial~ion L.~O ~O)~t2 G' http://www.co.roanoke.va.us/Sheriff/Accreditation.htm 2/ 13/2004 f 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: August 22, 2000 AGENDA ITEM: Recognition of the Sheriff's Office for Accreditation by the American Correctional Association COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND : ~~ ~~ p ~~~~r Representatives from the Roanoke County Sheriff's Office and Administration met in San Antonio, Texas August 12-15 for the final review in the accreditation process of the Sheriff's Office. To become accredited, the office must comply with 38 mandatory and 401 non-mandatory standards which are audited by a team of professional assessors from other accredited agencies. Our department met all of the mandatory and 97.30 of the non-mandatory standards. Through this process, we are able to assure professional management of our operation; learn of areas of improvement for our facilities; identify practices and procedures which may require improvement; and learn from the experiences of other quality operations. At the conclusion of the program, we were advised that our program is accredited. This process is not a one-time event. A review will be required in three years to assure that we continue to be in compliance with then-current standards and practices. We thank the Board of Supervisors for supporting our Sheriff's Office in attaining this significant national recognition. RECOMMENDATIONS• Staff from the Sheriff's Office will be present for recognition at the August 22 meeting. espectfully submitted, Appr ed by, ~ Q~ ~~~~~, ~l Dan O'Donnell Elmer C. Hodge Assistant Administrator --- -- -County Administrator ------------------ ACTION VOTE Approved ( ) Motion by: Denied ( ) No Yes Abs Received ( ) Church Referred ( ) Johnson To ( ) McNamara Minnix Nickens e -"Accreditation & Professional Standards Page 2 of 2 inmate classification and discipline, jail physical plant, food service, safety & sanitation, health care and other inmate services & programs. To be accredited by the ACA, a jail must be in compliance with 100% of the mandatory standards (38) and 90% of the non-mandatory standards (401). Tl~e Roanoke County/Salem Jail is proud to report compliance with 100% of the mandatory standards and 98% of the non-mandatory standards. Several of the standards t'ound in non- compliance dealt with the jail's physical plant (construction) and were not capable of being brought into compliance without major facility renovation. The three year accreditation award granted to Roanoke County/Salem Jail does not signal the end of our involvement in the accreditation process. During the award period, staff will work to improve any deficiencies identified during the audit and maintain continuous compliance with the standards. ABOUTACA ACCREDITA_.TION The accreditation program is a professional peer review process based on national standards that have evolved since the founding of the Association in 1870. The standards were developed by national leaders from the field of corrections, law, architecture, health care and other groups interested in sound correctional management. ACA standards address services, programs and operations essential to effective correctional management. Through accreditation, an agency is able to maintain a balance between protecting the public and providing an environment that safeguards the life, health and safety of staff and offenders. Standards set by ACA reflect practical up-to-date policies and procedures and function as a management tool for agencies and facilities throughout the world. Link to American Correctivnczl As•sociatio~~ I~C.S'O HOjZZL' http://www.co.roanoke.va.us/Sheriff/Accreditation.htm 2/ 18/2004 t. -''-Accreditation & Professional Standards Roanoke County Sheriffs Office Achieves National Re-Accreditation from ACA! .. ~t Page 1 of 2 On August 11, 2003, the Roanoke County/Salem Jail was honored to be re-accredited by the American Correctional Association. The Roanoke County/Salem Jail is only the 7th out of 85 local jails in Virginia and 98th out of over 4,000 local jails nationwide to achieve accredited status by ACA. The Sheriff s Office staff dedicated themselves to three year's worth of hard work and thorough self-examination of the jail facility and it's operations to ensure compliance with the 440 standards necessary for accreditation. The standards cover such areas as the jail's administrative operations, budget/fiscal management, staff training, inmate records, jail security & operations, http://www.co.roanoke.va.us/Sheriff/Accreditation.htm 2/ 18/2004 Sheriff Gerald S. Holt, Deputy Lisa Park (Accreditation Manager) and Assistant County Administrator Dan O'Donnell accepting the award for accreditation. Brenda H~Iton Re: School Bd Appreciation Month proclamation From: Brenda Holton To: Brenda Chastain Date: 2/17/04 11:07AM Subject: Re: School Bd Appreciation Month proclamation Brenda, we have this on the agenda for the 3 p.m. meeting. The recognitions are at the beginning of the meeting so he should be here at 3 p.m. Copying Darlene because Dr. Weber is also planning to be here. Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us »> "BRENDA F. CHASTAIN" <bchastain@res.k12.va.us> 02/17/04 10:54AM »> Brenda -Drew Barrineau asked that I find out what time he needed to be at your meeting on Feb. 24 and whether he could be put at the beginning. He has a hard time getting away from work. Just let me know. Thank you. Brenda F. Chastain, Clerk Roanoke County School Board 5937 Cove Road Roanoke, VA 24019 562-3900 Extension 112 562-3993 (fax) bchastainCa~res.k12.va.us "The things that count most cannot be counted" Author Unknown Page 1 CC: Darlene Ratliff; Diane Childers ~ Brenda Holton - Re: School Bd Appreciation Month proclamation ,_ From: "DARLENE M. RATLIFF" <dratliff@res.k12.va.us> To: "Brenda Holton" <BHOLTON@co.roanoke.va.us> Date: 2/16/04 11:57AM Subject: Re: School Bd Appreciation Month proclamation I have put next Tuesday's Board of Supervisors Meeting on Dr. Weber's calendar. We will let you know when we hear from School Board members as to which of them plan to be there. Darlene Ratliff Office of Linda H. Weber, Superintendent Roanoke County Schools 5937 Cove Road Roanoke, VA 24019 (540) 562-3705 (Phone) (540) 562-3993 (FAX) dratliff@res.k12.va.us __ Page 1 ,_ w _ _ ___ _ __ _ _ Brenda Holton -School Bd Appreciation Month proclamation ~. f From: Brenda Holton To: Brenda Chastain Date: 2/16/04 11:38AM Subject: School Bd Appreciation Month proclamation Page 1 Brenda, we plan to put this proclamation on the agenda for the Board's Feb 24 meeting at 3:00 p.m. Would you or Darlene let us know who will be attending to accept the proclamation. Last year, it was the School Board Chair and Dr. Weber. Thanks, Brenda Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us CC: Clerks Office; Darlene Ratliff _ _ ___ __ Dixie Childers -report Page 1 From: "BRENDA F. CHASTAIN" <bchastain@res.k12.va.us> To: <dchilders@co.roanoke.va.us> Date: 2/13/04 2:22PM Subject: report Penny is reviewing a board report that I will get to you ASAP from last night. Also, last night we recognized the month of February as School Board Appreciation Month from the Virginia School Boards Association. The Governor signed a proclamation. Brenda F. Chastain, Clerk Roanoke County School Board 5937 Cove Road Roanoke, VA 24019 562-3900 Extension 112 562-3993 (fax) bchastain@res.k12.va.us "The things that count most cannot be counted" Author Unknown -~~~~ V I ~_~ G - Da ~ ~ s 'v 3 By virtue of the az thorny vested by the C'ortstitutiort in t{ae Cioverrzor ~~the CornmonwealtFi of Virginia, there is hereby o~cially recagnized.• SCHOOL BOARD APPRECIATION MONTH WHEREAS, it is crucial to the continued security, stability and prosperity of our Commonwealth's families and communities that all students in Virginia's public schools are afforded an equal opportunity to receive a quality education; and WHEREAS, teachers, administrators, families and local school board members are entrusted with creating a safe and nurturing environment conducive to teaming in Virginia's public schools; and WHEREAS, local school boards throughout Virginia promote curriculums that ensure students a relevant and well-rounded education that is applicable to students' daily lives, as well as, to their future academic and professional pursuits; and WHEREAS, local school boards work together through the Virginia School Board Association to encourage local control of Virginia's public schools and to share teaching and administrative techniques, experiences and suggestions with one another in a focused effort to raise the overall quality of education in our Commonwealth; and WHEREAS, this year's theme "Virginia School Boards: Building Better Opportunities," reflects the commitment of Virginia's local school board members to provide the opportunity for all students to receive a quality preparatory education; NOW, THEREFORE, I, Mark R. Warner, do hereby recognize February 2004 as SCHOOL BOARD APPRECIATION MONTH in the COMMONWEALTH OF VIRGINIA, and I call this observance to the attention of all our citizens. -~, : : ~r .,Y= ;• ~ , _°±.. ~~ ~. ~~ ~~ Seaetaiy of the Commamnea/th i _. . renda Holton -Phyllis W. James retirement resolution From: Brenda Holton To: Betty McCrary Date: 2/16/04 11:53AM Subject: Phyllis W. James retirement resolution Betty, Attached is a resolution of appreciation for Phyllis W. James who retired on Feb 1, 2004. According to Human Resources, Ms. James has 31 years of actual service consisting of full-time and part-time employment. They gave me the actual dates but I did not put all this in the resolution. However, I did list the jobs that they sent me. Ms. James has chosen not to attend a Board meeting. We plan to put her resolution on the Feb 24 agenda for approval under the consent agenda Would you review the draft resolution and add anything you feel might make it more personal? I would like to have it back as soon as possible since the agenda goes out Friday. Thanks for your help, Brenda Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors Phone: (540) 772-2005 Fax: (540) 772-2193 bholton@co.roanoke.va.us Page 1 CC: Clerks Office __ __ Brenda Holton - 2-24-reso-James retirement.doc l __ Page 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 24, 2004 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF ~' PHYLLIS W. JAMES, SOCIAL SERVICES DEPARTMENT, AFTER THIRTY-ONE YEARS OF SERVICE ~~, WHEREAS, Phyllis W. James was first employed by Roanoke County on October 1, 1971, as a social worker by the Social Services Department, and also i worked as Senior Social Worker, Eligibility Worker, Employment Services Worker and A.S.K. Instructor for the Parks, Recreation & Tourism Department; and ', WHEREAS, Ms. James retired from Roanoke County on February 1, 2004, after thirty-one years of full-time and part-time employment; and ', WHEREAS, Ms. James, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. ~I NOW, THEREFORE, BE IT RESOLVED that the Board of Su ervisors of I p Roanoke County expresses its deepest appreciation and the appreciation of the II citizens of Roanoke County to PHYLLIS W. JAMES for thirty-one years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. .'~ COUNTY OF ROANOKE Retirement Resolution Form (To be completed at the exit interview session with the retiring employee) Name of Employee: Dates of Employment: Current Position Retirement Date: 5r ~~~~ C~~ MSr~ S~rV1C~~ V~C~r'1~2.r ~rv~C~.S ~~ ~lo-~ Length of Service: __ ~ ~ yr5 . (~C-~}p~ ~.r V ~~ ~jt~S~~~rYa p~ ~ ~~` ~~ t~nc .4-~O.Y~-~MC~ clr~ployMcx~-~ Previous Positions Held: ~aa~ 5 ~(c~ ~ ~~p,~ ~~w~cs~~ ~. ~ouc~..l Wcx~cr ~5oc~o.~SeY~ i~e~) C1t~Soi~~-~ l~rkr.r Soc.io.~sc~c~ .c~.lmc~ ~xrviccS V~vlrl~u ~S~ic~.l ScP-y ic.~.sZ Other Information: ~C~reSS ' ~~~ ~ _ ~~ rLS ~ , ~CX~nC.S ~~ `~ ~ V~'oZ~~45 ~YCrC~,G ~ acs ~,~,~ ~~~ ~r r~ h~r~, s~-~cyG,.~ ~-I~5 dv~r ir~g -~'~ cs.~,rsc ,~ `E~e.s c cx~~~,~~cr~-~ ~l~ month: 2) eting on __ date. and meeting at a later date. Does not plan to attend a board meeting. Please mail resolution. r ~U Human Resources Signat a Date F-. w N O V C O t/! ~ ~ d c ~ Q V ~l N C ~ C is O Q O O O N d N V R ~ ,~ Q O ~ Q ~ Q 2 o O o ~ ~ ao o o o ~ ti oo rn in o o ~ 0 0 o 0 0 0 ~ ~ o ao 0 co 0 0 o 0 0 ~ 0 0 o 0 0 o 0 0 ~ 0 0 o 0 0 0 0 ~ ~~~~.., 0. ~+e 'J [ > > ~ Q7 00 M O O ~ ~ ~ ~ (D ~ ~ ~ ~ N ~ N ~ O ~ ~ ~ ~ ) ) N O ~ ~ N N ' C ~ ~ . ~ ~ _ X ~ Y ~ _ C C w _- ~ ~ ~ ~ C ~ O C ~ ~ C ~ O U N N .O N N N ~ (6 ~ ~ N O '~ a~~i ~ w W o ~ E ~ ~ ~ ~ U r U ~ _ 'o ~° n ~ a~ ~ N ~ °) a ~ o ~ _ ca c o ~ a~ ~ a o N O O ~ O N N E O ~ ~ N y O C N O ~ 0 N ~ ~ ~ T .'"~' U N U ~ U U L N O- n (0 ~ C C6 (0 N ' w .a O ~ ~ N f9 N ~ ~ ~ O LL .C ~ ~ y ~ ~ U CO (0 O On N N ~ ~ N ° (6 (6 (0 U co n 0 ~ ~ ~ _O +~+ ~n ~ } ~ g U ~ ~ +.., .N y E E s c`o ~ = d o ~~ C ~' aJ ., O a c O ~ ~ (6 O ~ ~ O ° C d C L L N N N ~ O O +,,, ~o U -o co N ° a ~ ~ ~ c a ai Z ~ o w ~ O ~ ~ ~ .o ~ .~ N s s ~ ~ ~ cn U a~ ~ a~ ~ ~ ~ C d O C f6 7 - fA ~ (n -~ O E ~ ~ ,~ ,~ ~ ~ f0 (6 c N ~ ~, ~ fn Y L N ~ O O 0 ~ O ~ U ~ ~ C C O U CO W cn ~ o U ~ w a v '~ d '~ ~ p c ca ~ ~ ~ ~ cn c f° + ., c~ ~ ~ ~ ~ ~ a o a~ E a~ E ~ `-° n ~ ° a p ,~ Y U c c o N W ~ ~ m ~ J o a c~ ~ ~ 3 a~ O Q O N O N N ~ 'C ,~ p O o O c U 0 0 ~ ~ ~ o ~ ~a n m N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ c a .o C C co c O a) Y ~ ~ O ~ w ~ y > > ~ O O ~ ~ '~ p ~ ' N ~ N n ~ U ~ ~ ~ ~ ~ U c (~6 J O W ~ O J O Q O LL N d O F- N > > ~ I- LL ~ U ~ I- 2 ~ U ~ (n ~ F- 0 0 0 ~ d 0 U a 0 0 0 U U U U U d ~ U U U U U U U U U U U U ~ LL O .~ Y U ~ Y O N a c ~ a n ~ O ~ - c cv o ~ ` ~ . ~ O E U '~ ~ (n - ~ a a C co ~ ~ ca > cn n C6 a~ ~ o ,~ _ c °~ ~ ~ w c ~ N i ~ C U o o ~ ~ ~ = M a ~ ca C ~ ~ U c ~ cn > Y v ~ N 3 L L .J co ~ ~ O E o U - .~ O ~ ~ m c cp > I- ~ m ~ o U ~ o °' ~ c U ~~ ' . Z' m .Q o E 3 co ~ ~ ~ v ~ ~ ~° ~ n 0- C6 N ~ N a) ~ ~ O O) Y C ~ O N O •~ Y6 ~ c L ~ E a~ N ~ ~ ~ a~ 7 ~ O C ~ i a m ~ ~ ~ C .N d ~ N ~ •n ~ C C ~ ~ N ~ ~ ~ ~ ~ ~ ~ (6 ~ ~ ~ to O ~ ~ O m U W Q Q1 C 0 O L O i •~ F- O 'O ~ _ F. O y ~ O J L ~ (6 O C N ~ U ~ . LLJ ~ U ~ ~ ~ m .~ ~ ~t ~ ~ U ~ ~ p ~C m o F ~ ~ m ~ o ~ ~ ~ ~ U ~ o E ~ _ ~ ca T ~ x ~ x N N ~ M ~ 'c Cn fB = ~ ~ L J d ~ J ~ Q Cn E C ~ Q 3 > 2 ~°~ E C O O I- N O O ~ O X ~ ' C N O ' N M ~ Cn > C~ Y m LL d N N O U ~ F- ~ W ~ ~ F- O U O ~ (~0 ~ N ~ U ~ O .~ N ~ O ~ a o f° ~' ~ ~ c~ a ~ ~ ~ ~ ~ W J W Q O O N O N N X N ~_ .~ C 7 O U Q 0 W O O O e! N O O M M ~ 0 o ~ O O ~ ~ ~ o a ~D O ~D r N ~~ N N ~ ~ ~ ~f N N ~ 00 ~ O O ~ U m c ~ w ;r O V `p O H + O U U R _ U ~ H ~ ~ N + N! >+ ° cLo + + O ~ ~ - U F- F- O V ,,, ~ > ~ ~ U ~ C C ~ C ~N C _ •~ c ~ a c O ~ o .~ d m ;~;,, ~ N w ~ ~+ ~ K y a ~~ o ~ ~ R `° ~ R ~ w C . ~ U v~ ~ • ~' L o a ~ m d > R ~ ~ E U c o ~ i a ~ ~ c C Z' a ~ ~ ~ • (~ ~ ~C ~ i ~ d n •~ ~ a ~ ~ F- c~ G O O ~ ~ ,V C O O ~ R ~ ~ N Q ~ ~ (0 ~ d. c o d C a ~ > U ~ o ~ c~ ~ c _ ° ~ z cn U U U U O O N t Q7 ~ J O 3 °- ~ Z ~ C •+ U •~ f'- y ~° n Q' ~ ~ U O ~ ~ ~ M •2 U C O ~ O ~ o U f° ~ c a U - a ~ ~ ~ ~ ~ L ~ a N co ~ ~ L ~ ,C ~ V ~ ~ U 7 ~ (0 U z m d cL c O . ~ C C ~ C •~ ~ ~ W ~ a a~ y ~ C ~ ~ Q ~ o ~ U ~ Q W ~ Q Q N N m 3 C C LL 0 Q 0 O O N } LL ~ O O O h h 00 l1') O CO Q1 O ~ ~ Cfl CO 01 ~ •-- N N iR 0 ~ O o L ~ ~ ~ ~ H ~ ~ p ~ .Q L o ~`- aoi ~ U > O C ~ ~ m C ~ ~ ~ •~ ~ N L U C (B 7 o U Q W o U ~ cn c6 C O C ~ N .r _~ ~ ~ cv !~ o U ~ O ~ d T •` y R ~ = d ~ N d V .~ ~+ ~ ~ 0 U O O O O U N c ~ C Y U ~ ~ ~ °c' ~ C co ~ ~ ~ ~ a ~ :~ ~a n n _ ~ ~ ~ f- li ~ ~ N V ~ ~t ~' ~ (0 > ~a ~ • y c o ~ O C9 N d .~ d y .~ E O U N ~ N t0 lf) N lf) ~ 0 I~ 0 ~ 0 O 0 O 0 ~ 0 O N `•"' r O ~ ~ N O In 0 CO N M N M ~- r r C'7 ~ I.C) lf) C O iss ~' O ~ N ~ vOi co v_ N ca ~ O ~ C_ RS O C E O O ~ ~ C ~ L ~ C ~ U •C ~ f~ U •C C .Q ~ ~ ~ O ~ O U O ~ O U C O w as ~ ~ c _~ s e ~p v- U C Q C f6 L C O O o ° c°' o w •~ E 3 •~ U ~ w d C •~ • o ~ ~ f- ' ~ ~, H ' s `'' i N cp d c d N v- ~ ~ ~ O C • O U N y ~ ~ O m ~ i a C ~ N io ~ o N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O > U ~ ~ C ~ C O a~ -a o U ~ ~ ~ o U ~, ~- cp L i c~ n ~, •-~ •~ Z -o ~ c c C ~i ~ ~ ~ ~ cn ~n ~ O O O O U O O U C O C N C N ~ O n •~ ~ C O C O O ~ Q W N U Q ~ N •7 F- U ~ ~ N U p O U ~ ~ N ~ C 'C Y O ~ C L ~ ~ N -o N U d ` N ~ •~ N ~ U N g U v f6 U Q ~ '~ j n U ~ n ~ X L U f0 H I~ ~ Q li > U ~ U a~ C O ~ U ~ T N C N O ~ Q o L N C ~p QJ 0 • 3 ~ . ~ ~ ~ ~ 0 o U U L cq N L d V c ~+ C O V Q d; O O N 0 N N y X O .~ c 7 O U Q ao rn ~ o 0 0 0 0 0 0 0 0 0 0 ~n ao 0 0 0 0 0 .- 00 M O l.f) N O Lf) O O O O O O N O 0 0 0 0 ~ tf) V' O O f~ ~ O O O O O O ~' O O M O O t1') to r ~ r- 0 0 ~ f~ O O (O ~ N M ~ ~ N N Q1 .+ N M ~-- ~ ~ ~ ~- ~t e- 00 O ~ ~ d' ~ V to C O ~ O O C ~ C ~ O ~ N c O O U ~ m cn U o -O m ° °- coo ~ ~ o ,;a ~ ~ o o ~ m Z ~ ~ ~ Q °~ ~ '_a a c ° ~ O O F- U f6 c9 U C _ C N W ~ ~ ~ ~ ~ " L O (~ N ~ ~ ~ r-.~ ~ ~ N rr L ~ a ~ ~ . ~ .C ~ L C Q O ~ ~ ~ ~ U N X ~ L 4> 7 C ~ a a to U ~ ~ ~ =a 3 ~ ~ • U ~ .. >, ~ N c~a E v C o O c}u O c~ U ~ ° ~ N ° ~ •v ~ ~ ~ ~ M ~ ~ L ° ~ w a a E E c c o ~ m c ~ N c o ~ O ~ o > ° ~ ~ ~ ~ ~ '~ .C .~ ° C fn C C N O Y N N ° G = vOi N j ~ ~ ~ ~ ~ a ~ C ~ O ~ ~ O Q i- O C p 0 a:+ (6 U c U c (d c c6 ~ O (6 o O U O U U ~ O ~ N ~ ~ O a F' ~ a~ to ~ i p ~ ~ N C o O ~ ~ +, N o ~ N O U ~ > ; c n ~ ~ "O O O O ~ ~ ~ d ~ N ~ L V > ° ° ~ N Q f9 N ++ t+ ~ ~ ~ Z (~ ~ ~ U H H C (n H (n LL H Q Q Q U O C .- ~ Q a- d d Q ~ ~ ~ ~ 0 U U U U U U Q. ~ Q O ._ C T `.' o m •+ y c0 U ~ U ~ ~ `~° ~ U Q O ~ O U p c ~ m O N 7 N ~ L ~ ~ T ~ T j, L O U N C/1 = ~ ~ N l O ~ U ~ n 7 n ~- _ O ~ ~ N ~ ~ Z N c ~ (0 ~ ~ E C Y .~ N ~ •~ ~ ~ O (~ O D N ~ .~ ~ (6 U L cA N (~ ~ C~ ~ O U U cq O D L U O cn 'C d f6 ~ 'C a O ~ C d a O N f0 d Q Q N N d a' d C C O Li. Q O '~ O O N LL 0 0 0 0 0 0 0 o r~ o n. O 0 0 0 0 Q~ O O I~ (O M O O O ~- ~ N O O O ~ O a0 N ~ r- cD ~ w N ~ M O a - N O ( r O (0 w U . ~ .~ Q N O j o ~ U ~ C U (0 ~ c `' d ~ O -p c a N L ~ ~ U~ V O ~ ~ E ~ ~o H ~ ° `~ c o O 'o E y L ~ ~ ~ ~ a, O U • ~ c f6 ~ O ~ p y T C ~ ~ ' ~ Z U (6 i U ~ O ~`'~ y J ~ ~ O d C. pI .U 7 .~ O ~ ~ ~ ~ O F- ~ ~ 3 f /! ~ ~ d c O w C o o ~ ~ ~ ~~ 'a c ~ c"a +r N O O c O C ~ V o ~ ~ ~ ~ ~ O ca `~ O cn O ca ca C m a~ ~ _ ~- a a~ a~ C ~ U 0 ~ U U Q C C~ ~ C C 0 ~ ~ ~ a 0 O c_ c ~ C ~ ~U C N ~ ~ U C •- aci N FO' ~ N N ~ ~ p u~ ~ ~ ~ ~ N U O T ~ Z 7 ~ > ~ ~ N _ ~ O ~ ~ N O O ~ N ~ ~9 ~ ~ "' U L 1 cn U ~ d U >+ _ ~ ` 0 O O N ' N O C O C Z ~ O +.. L U O fl- O ~ I- O fn N ~ O C O O C C ~ "O ( p U m = ~ C N d .~ a~ tC C L C O 0 N O N N X N ~_ .~ C 0 U LL Q O } ~L N r N C C O Q 0 v 0 O N LL O a~OOOrnc~iaMOO~DO ° -°rn o> rn M M N 1~ ~ M . '~t ~ ~ r ~ r M M t~9 69 0 d ~ ~ ~ ~ ~ ~ ~ ~ v~v ~ v ~t y~ LL N N N N N N N N ~ N a~ a~ a~ a~ m a~ a~ a~ ~ .. ~.. .. ., .r ,_ .. c c •c •c •c •c •c c •c w w~ w ~ w ~ w ~ ~ •V 0 0 0 0 0 0 0 0 ~ 'a 3 3 3 3 3 3 3 3 r ~ y ~ U 0 N U N U N U • ( 6 c 0 ( O t 6 ( 6 ~ a n a n a a a n F- F- f H H ~ F- F- U U U U U U U U ` cv co c`a ~ c`a w m N 7 ~ ~ 'D 'p Il fn 0 0 0 0 0 0 'O ~~ Y L L L ~ L U ~ ~ 2 2 2 d Y N L N . ~ cp N .~ d d C LL w R ..+ C t9 .~ 7 N O 00 O O) O 00 00 M~ 00 0 0 0 0 0 0 0 0 0 0 O O ~- O H O a0 ~ O d0 0 0 0 0 O ~ ~ O O r- O M O I~ O N~ ~ ~~ 0 0 0 0 0 0 0 0 t!) O O O O O O O ~ tf) a0 c0 ~ M I~ O O ti O M ti O) rt 00 M (O N O t!7 c0 00 00 N M M (O I~ O O~ N '~Y O CO O M In N ~O N ~ ~ r ~ _U C C N ~ ~ ` C . .. i N ~ ~ C O L ~ n d >+ ~ ~ •~ ~ ~ ~ ~ n ~ ~•. ~ ~ ~ L C C ~ U ~ '~' ~ Q C ~ > O +>' ~ ~ ~ 'O ~ ~ C .`. O N U ~ (0 ~ ~ N O N N p E ~ L ~ ~ O .~ N ~ ` O ~ > N U ~ ~ > c d ~ ~ ~ ~ Il ~ N ~ _ L U ~ _ N ~ N ~ ~ •~ a>~>~ U~ O N E cn ° w ~ a Y O >, o U ~ o L ~ c ~ c~ c L N is o~ ~ i n° c~ a c a i O a •- o ~ 0 3 a~ ~ ~ •~ o ° N -° ° U ~ ~ m c c ~ ~ n c a fl o ~ d ~ a i c°i ~ -o ~° o '~ ~ ~ ~ `~ Y 3 ~ ~ ~ - - > N v U Q~~ ~ ~f ~ p O p v - ° O` ~ U ~ c ~ c c o ~ ~ ~ a> a> ° w m c ° ~ ~ ~ c co ~ v ~ N a> a~ 3 o ~ .o ° .~ .~ cn o ~ ~ c c a~ o a~ ° a~ J ~ ~ ~ m U •N Q' ~ N ~ E O .~ ~ ~p d ~ E N N ~ ~ f6 O (6 p C~ ~ •3 B O O ~~ N C~ 3 d O d ~ C .~ C ; ca o a~ 0 0 o a~ ~ -o > > m~ o o a~ o O= U U J U U U ~ Q Q U U ~ H ~ > ~ Q~ Z ~ > d J F- ~~a~ad~~a.n.~000000 U UUU U ~ c o ~' ~ ` ° c N c c a • a ~ ` O E p~ M~ f6 in C> >, O~ h O ~~ Q ~ Q W V d O c c 7k ~k N° c c d n m •D a, w~ . N ~ y T' ~ Q ~ ~ ~ ~ ~ N O ~ O O + ~ 12 U U •` j O ^ ~ N c ~ ~ = ~ ~ C ~ is iu iv ~ p ~ c~ a llo o N ~ ~ ~ g ~ ~ m m m m~ ~ ` ° N ii U o~ o o 0 'U ~~~ 3 ~ a ~ N N • ~ O ~ ~ ~ ~o N _ ~ N c E O E ~' ~ d m ~ d .~ n• - O ~ ~ • O = N ~ (n Cn Cn fn c6 ~ ~ O W Q <n C N rn _ ~ ~ W ~ p m O ~ ~ ~ ~ N N ~ .~? 'C C N C C ~ O .~? 7 N U O rY '~ ~ ~ O O ~ ~ N ~ ~ ~. O ~ 'O L ~ o O ~ O ~ O N N N N= D F-- LL fn W LL O> lL Q d W U~ W~ J W U N N C (6 ~ ~ U O A ~+ w V a Q .~- V O O N O N N x ai .~ c O U LL Q O O X 0 0 (O N M O O O O O O O O N N f~ _ O O O (O O O 00 ~-- O O CO O ~ O O O 00 O 00 O O O M O f~ O ~ N p~ E ~p ~ ti ~ M ~ CO O c0 Q~ O) O) O 00 (D N ~ ~ ~ M 01 ~ r+ O M ~ ~ ~t I~ O M cD O) ~ M~ ~ ~ ~ ~ to N 00 ~ N r- O V r M ~ ~ ~ N (6 .~ (0 N O ~ ~ ~ N ~ N v ~ ~ ~ t~ C ~ fn E O f0 ~ N Q) ~ ,_ ~ w N N C06 C •~ (UA > O C ~ ~ _ ~ N .~? ~ ~ ' E O ~ ~ C ~ N ~ ~ ~ ~ N c a n .U o ~ ~ C .. a. o Y ~'~L rnn > ~ ~ ~ ;,' ~ o n N•~ C C O H ~ LL v o ~ c a ~ o ui ~ ~ ~ ~ ~ f° pn U ~ aNi . co c a> 3 ~ a~ m ca ~ s .N ~° > o a~i °~ cLn 3 a~i m a~ ~ R C D 5 ~ ~ ~ E ~ ~ ~ N >, ~ ~ ~ ~ ~ ~ U _ ~ ~ w t0 ~ N ~ U ~ ~ ~ E >, a> ' N c ~ ~ cn p ~ a> p fn ~ a~ ~ Z ~ ~ c w ,~ ~ ~ ~ '~- ~ > H V ~ ~~ w W U v~ o • ~ ~° •~ •a ~ ~ d ~ Q ~ ~ ~ ~ Q U ~ • "O L N N Q ~ N V ~ ` ~ `~ ~ C a~ a~ m ~ o ~ a ~ o ~ U a 0 0 ~ ~ c i a~ ~ ~ a i o s ~ _ ~ ~ d 0 0 ~° ~ ~ ~ o ~ ~ ~ o o m>~~ a=i 0 F~- ~F-c~> ~ ~f--Q =dco~.-> ~ ~aa~n.000UUUUUU U ~ ~ U ~ U ~ ~ Z ~ N O ~, U N ~ ~ '~ j, ~ ~ w N ~ m ~p ~ ~ o o O n N ~' f6 ~ U E ~ ~ N m o ~ m ~ ~ a~ _o ~ c E .~ ~ ~ c y °~ ~ c~ Z .g a, ' ~ ~ c ~ E ~ ~•~ a~ a~ a~w ~ c~ U~ ~?~~~U H N a~ ~ E ~ O ~ w N ~ C Q O M O~ Y N (6 ~ ~ N U> ~ m ~ ~ ~ N O ~ J ~ ~ ~ ~ ~~ Q O ~ O N ~ E O O N E N U J O D U c6 O U L L Y .C .n O O a Q U > > > U U Cq U Q ~ ~ Cn U ~ ~ C d a m D Q O N 7 a m '~ C 7 C '~ Q 0 ~t O O N } Q r O O N O N N N X O .~ C 7 0 U Q 0 } r ~ s DRAFT FY2004 - 05 Additional Funding Request DRAFT Human Services Elections $ 20,875 Library 96,019 Parks and Recreation Recreation 184,208 Grounds Maintenance 628,404 Public Transportation 78,000 VA Cooperative Extension 4,673 Totals $ 1,012,179 Community Services General Services 295,970 Totals $ 295,970 Constitutional Officers Commissioner of the Revenue 32,162 Commonwealth's Attorney 1,170 Sheriff 443,308 Treasurer 12,500 Totals $ 489,140 Internal Services Board of Supervisors $ 10,000 Human Resources 17,290 Public Information Office 25,000 Information Technology 104,037 Totals $ 156,327 Judicial and State Funded Services Magistrate $ 3,199 Totals $ 3,199 Public Safety Fire and Rescue $ 1,865,570 Police 1,263,592 Totals $ 3,129,162 Total $ 5,085,977 6 T LL 4 ~ O U C N 7 C O a .~ N d D C y G7 ~ V f9 ~ •~ Q 0 fA Q t0 ` ~ ou = o ~n o ~n rn o 0 o rn w o 0 0 0 0 0 0 o ao ao cD 0 0 0 0 0 0 0 0 0 0 O 0 O 0 O O f~ O h O O O ~ O O O O O O O O O p 00 O O O O ~ O lf~ O 0 O 0 O 0 O OJ 00 O O 00 O 00 tf') ~ O O O (O O ~ O O lf~ 0 •- ~ ~y o0 O 0 0 ~f) O O O ~ O ~ t0 ~ ~ N ~ d' O t!~ ~ .--- ~; d' N I~ O 00 N N O O N M O M O) 00 M ~ M t•- fn C N '- O a~ N E N . > ~ Y .--~ O Q ~ ~ O -a ~ N O C C w ~ N O C Y ~ C E C ~ O U O ~ .O N N ~ ~ f6 0 ~ ~ .a m ~ m ~ a~ E U U ~ n ~ .~ o V ~ N Q O O ~~ ~ _ a (4 Q ~ ~ ~ O O N O ~ O > 'a ~ ~ O N ~ ~ 1 O N N in (6 N W O_ E ~ ` ~ O O O ~ N O fB ~ co "a (6 O ~ T ~ a~ O n m ~ w ca ~ o ° ~ ~ a~ Y ~ ca N L O N LL. C ~ ~ U ~ E U CO N O On N N ? ~ ~ O C W U O cp n O G ~ O "' • L fC+ O ~ C } ] ~ U ' U •O N E E s ~ ~ ~ ~ O O O ~ ~ + r- O 3 0 0 ~ c N c a L L N ~ ~ w ~ ~ ~ c ~ ~ ~ a> >, ~ w .~ ,~ ~ O ~ m m a i c o ~ i a a~ m ~ -p (6 ~ ~ -p m~ (B N Z O O ~ O C N O to L L U N O U f ~ ~ C C Q. ~ ~ ~_ ~ C m O~ ~ O y E O ~ N N Q ~ •~ ' H O O c6 ~ Y U in E O H f6 N O cn Q aci E O ~ •~ ~ ~ to ~ ~ L ~ o ~ ~ o ~ L ~ ~ d. ~ c c o ~ U ~ O o CO w N ~ ~ `~ -° o x n ~ •~ o ° c n °' ~, ~ c ca ~ E ~ ~ n o a~ a~ E a ~- ° ~ c o iv U w .6 d O v i ~ o m . > J Q o m 0 0 3 ~ ~ •C ~ O O ~ ~ N ~ .= c ° c •°~ ~ ~ , ~ o ~? o W -o ~. m n co ~ o> ' o i~ -a '~ U U ~ ~ ~ ~ ~- o ° ~ ~ 0 0 0 ~ c o ~ ~ a ~, nn. n Y ~ ~ a o E ~ ca c~ ~ ~ n >, }' ~ ' ~ a E ° > > C t. ~ W e ~ ~ ~ c ~ o O ~ U n O a O ~ U O •- ~ O N ~ O ~ N n O N C_ ~ O O O O O O N •C ~ ' ^ C Q' Q' ~ N J LL ^ J Q lL d F- ~ > > > ^ I- LL ~ U ~ F- ~ ~ U ^ fn ^ I- p p p a. a 0 U a. 0 0 0 U U U U U ~ n- U U U U U U U U U U U U ~ ~ O Y U Y N ~ O N ~ ~ O n c °" ~ O O cco ~ ~ ~ ~ O •U (n ~ ~ C p ~' ~ U7 ~ L O ~ + ~ N N U -p O_ E (0 ~ N ( > ~ d. 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O O ~ O ~ d N V v ~ C c1 Y ~ L O m > 0 ~ U (0 ~ d ~ N w ~ S c L 2 > c •~ ° ~ ~ O ' N i p a U~ ~ ~ N ~ v c O V Y C Q N ° ~ ~ ° U a> L F - O ~ Z cn U U U U O O r m ~ o a Z ~ ~ ` ~ ~ F- N 41 ~ Q O ~ ~ w ~ ~ ~ i a °~ ~ M U ~ ~ O i f ° ~j .~ ~ c ~ - ca N _ c6 ~ a N ~ ~ ;O L ~ (9 'O ~ a~ ~ L ~ ~ z 0 0 U ~- N c 0 ~ ~ C C C ~ X a~ N W 'C O a y c ~ c p ~ ` F- O U O ^ 7 Q ' ', ~ > N m C C 0 'C Q 0 O 0 N LL O O O O ~ O 00 ~ O CD Q7 Q1 E r ~ D ~ ~ C O L f~ ( 1 C r N N !f? O N O O L U .~ C ~ ,~ O ~"' ~ U_ ~ (p ~ ~ p ~~- I- o .C O ~ ~ ~ C a~ V ~ ~ O O ~ ~ ~ ~ v L _O ~ . 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Q_~a~000UC~UC~UU U c9 _ ~ C C (~ N • ~ ~ U U .` ~ O ' ~ L ~ ~ U ~ , a> ,++ ~ m N~ O O ~ N N ° =o ? O a~ U E~ m~ c ~ i a ~ o ° ~ ii c ~ ~ a o ~ •E ~ ~ ~ ~ . a i • U ~ ~ •C N N N ~ ~ N ? ~ ~ ~ H ~ N > ~ ~_ ~ 'O ~ N O M CO `' N ~ U ~ ~ (i3 ~ Q~ i ~ ~O tL a i i y ~ ~ N U>~~ O m ~~ N J =L Q F - c c O d E U N U- Q W p y U 0 0 O ~ ~ 0 U N O O O O d Q U > > > U U (n U Q ~ ~ (A U ~ ~ C N '~'' t0 Q. ~ . D a rn N N_ d• O O N v N N N X O ..p C 7 O U Q 0 r rw ~l~ Board of Supervisors -.. Clerk's Office Memo To: Board of Supervisors From: Diane S. Childers Date: 2/20/2004 Re: Youth Recreation Football The attached letter was received regarding the recent changes in the age brackets for youth recreation football. I have shared this information with Mr. Hodge and he and Pete Haislip are looking into this matter. Pete again stated to Mr. Hodge that this issue was brought to Parks, Recreation and Tourism staff by the football coordinators at their annual evaluation meeting due to the fact that there was concerns that there would be insufficient numbers of children to field a junior league. After discussions in the evaluation meeting, the football coordinators voted unanimously to support this change, which was also approved by the President's Council. The presidents of the recreation leagues are willing to support the fact that this change was not initiated by Pete. Mr. Hodge has asked that I advise you that he and Pete will speak with the recreation coordinators again regarding this matter. Attachment cc: Elmer C. Hodge Pete Haislip .__~r_~ Mr. Wray and Mr. McNamara, 1 WJ ~ w~ mew Esc j;~ I know it is difficult for you to resolve issues based on anonymous letters, but trust me; there is a very good reason why I can't reveal myself. I work for the county. That's why I'm privy to this information. Our youth football program is being hijacked by a couple of individuals for the own benefit, not the benefit of the youth in the community. Here are some facts 1. Pete is a good guy, but politics is politics. One of the guys who is pushing Pete to roll with this change is a friend of his. This friend is a football coach and currently does not have a team because all the slots are filled. By eliminating 13 year olds and combining 11 and 12, another junior team would be created for this coach. 2. You were told by Pete that 4 of the 5 junior teams would not be able to field teams this year if there was not a change. Not true. I've talked to the coaches, they say all the teams who had teams last year would have teams this year. 3. Last year, the rec league sent a survey to football parents asking if they would approve weight limit increases. The vote was no. This change is a slick way of getting the weight limits increased. A 9 year old who played pee wee last year with a weight limit of 110 lbs. Now will have to move up to little with a weight limit of 125 lbs. If you were to pull the roster for pee wee last year, most of the kids weighed 801bs or less. This is normal size. Why do we care? Youth football is the last chance for smaller kids to play tackle football. High school football groups by age only. The resulting physical mismatches are one of the main reasons for collision injuries at the higher levels of football. The prohibition against physical mismatches in youth football is one of the main reasons organized tackle football has one of the best safety records among organized sports for kids age eight to fourteen. The majority of the 13 year olds you eliminate will not go on to play high school sports. Many kids end their organized sports careers with the rec. league. What you are doing is eliminating a rec. program for our youth. Are we going to do this for basketball also? ~~~~ Board of Supervisors -.. Clerk's Office Memo To: Board of Supervisors From: Diane S. Childers Date: 2/20/2004 Re: Additional Budget Meetings As discussed in the budget work session on February 10, the following additional meetings have been scheduled to discuss the 2004-2005 budget development: • March 9, 2004: There will be an evening session at 7:00 p.m. to hold public hearings on the tax rates and to elicit citizen comment on the proposed fiscal year 2004-2005 budget. • March 30, 2004: A special meeting has been scheduled to hold a budget work session and to hear funding requests from cultural and tourism agencies. This meeting will begin at 3:00 p.m. and will include an evening session at 7:00 p.m. Please mark your calendars for these additional meetings questions, please do not hesitate to contact me. cc: Elmer Hodge Brent Robertson If you have any 1 INTEROFFICE MEMO From the O,~ice of the County Administrator 772-2004 TO: Mr. Chairman and Members of the Board FROM: Elmer Hodge L:%0 `' DATE: February 18, 2004 SUBJECT: Proposed Jail Expansion On Friday, February 13, Richard Flora, Paul Mahoney and I met with Ron Elliott, Local Facilities Manager for the State Department of Corrections (DOC) in Richmond, to discuss the process for the jail expansion. Ron had access to the Roanoke County inmate statistics and was aware that our rated capacity is 108 and the daily census is as high as 250-260. It is the State's opinion that ours is one of the top 15 urgent needs in the State. Montgomery County and Franklin County also have urgent needs and are running at 2-3 times their stated capacity. Here are the steps we will need to take: (1) Conduct a needs assessment -The State favors addressing expansion needs on a regional basis. The assessment will be more comprehensive to include Montgomery and/or Franklin Counties. We anticipate getting the needs assessment to the DOC within 6-8 months and their approval by March 2005. (2) Review of the Needs Assessment by the Corrections Board - If DOC deems the project to be justified, they will recommend that the State's share be funded in the State's budget. State funding is on a reimbursement basis so the County/Counties will need to front-end the money for construction and be reimbursed for eligible costs. The regional approach reduces the initial costs and shares ongoing administrative and operating costs. The State reimburses localities 50% for regional construction, rather than 25%. The rule of thumb is that jail construction costs are $100,000 per bed. If our expansion includes 300 beds, the project will cost an estimated $30 million to be shared by the State, Salem, and other participating localities. Bonds can be issued through one of the state agencies such as the agency we used to fund the sewage treatment plant expansion. A regional _jail can be operated as a jail board or a jail authority. Under the jail board form, a sheriff remains in charge of the operation of the regional jail; whereas under the jail authority form, it is operated as an independent operation with an executive director and staff. It is anticipated that it will be three years before we can begin construction. Ron Elliott has offered to come to Roanoke to meet with Roanoke County, Salem and the other localities. We are in the process of scheduling that meeting and will keep you posted. cc: Sheriff Gerald Holt Dan O'Donnell, Assistant County Administrator Paul Mahoney, County Attorney AGENDA ITEM NO. Jam- LI PUBLIC HEARING -ORDINANCE -CITIZEN COMMENTS SUBJECT: V~cz ~„~~ C~~~ , ~-- 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 NAME: ~ ' C-~ ADDRESS: ~ Cc~-1 Q ~'~ ~y . ~,i ci~~--~ ~ ~ ~' ~,~ ~'L~ PHONE (OPTIONAL): (~ GROUP/ORGANIZATION: Ct~, ?na..~ ~i~ ~~vc~„~I ~~r•, ~~ 6 AGENDA ITEM NO. S- ; PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: ; ,~%l5 ~~,f ~ ~`~c S ; I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, 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 NAME: ~~r ~~ ~~~"~° ~~~~~ vJ ~ ADDRESS: (~~~ ~,~ S `~L l/~~ ~'~'C~~4~ PHONE (OPTIONAL) GROUP/ORGANIZATION: :~ ~'~~/~~~~~~~ ~ ~r ~~~ ~c ~. 6 ~_.._~ ~~ ~'' II 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 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'r ,-~~~~ , 5; a ADDRESS: ~(_~ ~ Z ,~~,~ ~ i ~~ / C' PHONE (OPTIONAL): i GROUP/ORGANIZATION: C"`~ ~ ~` . ~ ~ ~ 6 AGENDA ITEM NO. S-`~ PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: ~r~"(~=~--~ I ~ ~~<<3 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 S NAME: ,/~ o~~~ i ~ Cyo`io~, ADDRESS: ~ ~~ 2 %~xG.;~~%) ~~'~ ~~~ PHONE (OPTIONAL): GROUP/ORGANIZATION: 6 AGENDA ITEM NO. S_~ PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: ~~i: ~ e~~~ ~ Ci ~~ 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 ND GIVE TO THE CLERK TO THE BOARD NAME:/~~~ I~ i`l~~ C ! I ~a,~ ('J ADDRESS: C~ ~' ~l '~~ '~~ ~~V~z~ ~~~~ ~~ . PHONE (OPTIONAL): ~~<1 ~ ~r~ ~~~ GROUP/ORGANIZATION: 6 AGENDA ITEM NO. ~J-~ PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: ~F'~~CN~-S C~'L~' , C - --- ~' ~ 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 NAME:~~~ ~ l~~ ~ ~~`~ ADDRESS: ~ dal, (~ GI C~~l ~P'<~ ~ ~7 ~~;/'~'(iL PHONE (OPTIONAL): ~~I ~, ~~~ GROUP/ORGANIZATION: C, ~ G,~ 6 AGENDA ITEM NO. 5 . ~ PUBLIC HEARING ORDINANCE :i` CITIZEN COMMENTS SUBJECT: ~r~',!~ ~ ~~ r ~y 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 NAME: ADDRESS: PHONE (OPTIONAL): T},'~'-- ~,~; /' ~~ GROUP/ORGANIZATION: ,af~~ .c.~~_, AGENDA ITEM NO. ~'' PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: ~~ eh ~~ ~ ~-~-' m ~ `~' S ~e c~ ~ u,~ ~ 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 NAME: ~~-~e~~c~ ~~S ADDRESS: 5 ~~~- PHONE (OPTIONAL):rl'"~~ ~~' gD- a-~ ~ 1 GROUP/ORGANIZATION: `~-C~~ S~.l ~ n-- ~~~~ 6 V PUBLIC HEARING SUBJECT: AGENDA ITEM NO. S I ORDINANCE CITIZEN COMMENTS ~PYrn i f (.i ~~~~~ 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 NAME: i'/2d ADDRESS: ~ lO.3 VV~'1 / l~ ~Q9le ~~ ~ , J~[L~~t , l//~ PHONE (OPTIONAL): 3~D ~ ~~OZ7 GROUP/ORGANIZATION: 6 PUBLIC HEARING ORDINANCE SUBJECT: ~__> ~~, ~=~.c._. , ~,.. AGENDA ITEM NO. _~ ,.,~ 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. ^ 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: n ~ ~~ ('~` 4 ADDRESS: %~ ~ ~C~;~-{ "~~ ~. ~~ `'~, ~- ~ ~ ~~ PHONE (OPTIONAL): ~`c,:, ; - 3<..L, \ C GROUP/ORGANIZATION: 6 AGENDA ITEM NO. -~ ~ PUBLIC HEARING ~RDINANCE CITIZEN COMMENTS SUBJECT: ~f~P-G~~y4 ~.~~ ~~'~ 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 NAME: !"fFilL J~.y/Iuh7- ADDRESS: 5b05~ /~u~~/D PHONE (OPTIONAL): ,3~0'/~G~/ GROUP/ORGANIZATION: 6 `~ ~ AGENDA ITEM NO. PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: Sorc~~l 1~ ~ ~ ~c~ r,m 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 NAME: JV is rm ~ ~--I . ADDRESS: ~ 0 PHONE (OPTIONAL): c~ Q - - , ~~ E_ ~~`e m IV ~~~3 GROUP/ORGANIZATION: AGENDA ITEM NO. PUBLIC HEARING ORDINANCE CITIZEN COMMENTS -~ SUBJECT:,~e .~i~'i ~ %v ~,%~ i7z~jv s.,o ~-, ~,.~ l ~ f~ ~,L / ~ i'' ~C/X/(ice L- I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1 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 NAME:. ~~ ~~~r~~ ~~ ~~ ~ / ADDRESS: ~.~`G',~~` ~~ `/~~ ~ -<' -S~ ~~- ~ ~ j/s PHONE (OPTIONAL): GROUP/ORGANIZATION: 6 PETITION This petition is to show support for the applicants, Les & Angela Meadows and Barbara Schuyyer, who are attempting to pursue a Special Use Permit for a Private Kennel from Roanoke County. If the following four conditions are met and adhered too, then 1 will support the applicants petition. 1. The specia- use permit shall only be granted to the applicants on the petition, Les & Angela Meadows, Barbara Schuyler, and would not be transferable to any other property owner. 2. Staff shall make an administrative review of the special use permit for compliance with the ordinance after six months. 3. The number of dogs allowed shall be limited to four. However, upon the death or disposition of any one of these four dogs, the owner shall not be allowed to replace the said dogs above the limit of two dogs. 4. If Roanoke County receives complaints about excessive barking from the applicants dogs, then the applicants would be required to utilize a form of barking control devices such as electric collars. Name Address Phone Number O tional 1 ~, ~ ~'v 13 ~vi'rFJ~ v C rQ 3~ 3 i 3 1 2 ~% ~ ~~ ~ ~ a ~, s 3 _ ~ c~ S" 4 5 6 5 ~ ~ h~`~~onx~k~c~ Dr, S~v - g 9 10 11 12 13 14 15 We the Community of Cherokee Hills Subdivision The undersigned respectfully suggest the Board of Supervisors DENTE the request for 5005 Buffalo Circle to obtain a Special Use Permit to operate a Private Kennel. 1.) We wish the Board to hear the concerns of the families that have singed this petition. They have signed this petition and wish to be represented by me Lillian Daunt as the Block Captain for Buffalo Circle. The petitioner moved into the neighborhood in November, 2003 and has kept the dogs inside. The dynamics of our 16 home Cul-de-sac is one that we are outside a lot. Neighbors have been outside to shovel snow, get mail, retrieve trash cans, and walk their dogs. Our children and families should not have dogs barking at us because we are outside. When we have been outside this has excited the dogs that are kept in the garage. They have been barking at a level to be heard and are very noticeable. If the petitioners let all 4 dogs outside we believe this will lead to undue additional noise. 2.) We would like the Board to know that within the first 2 weeks one of the petitioner's dogs was out and unattended on a neighboring property on two different occasions. Mr. Reynolds, a past president of the Cherokee Hills Community was called to speak to the petitioner. We feel this was irresponsible of the petitioner. They displayed a disregard for their neighbor's properties by leaving the dog unattended. As neighbors we do not wish the petitioners to feel unwelcome, we do not dislike dogs, many of the undersigned are responsible dog owners. We as long standing home owners do not wish to call Animal Control on our neighbors. Animal Control has informed us that the process of barking dogs is a long one. We must keep records of which dog barked. It becomes difficult to determine and identify the dog when 4 dogs are involved. We must be able to identify the dog that barked. We must then go before the magistrate to lodge a formal complaint. After several times of this very long process the magistrate can then remove the dog. This has truly become a large issue to the petitioner's neighbors. Their dogs do bark from inside of a closed garage. How are we to determine which one has barked when the dogs are kept out of sight? Mrs. Hughes, President of the Cherokee Hills Community, was called about this issue and has suggested we address this as a community with the Board. We will urge the County to revisit the zoning for residential neighborhoods. We have a strong need for this for most property sizes in residential neighborhoods like Cherokee Hills would not allow such a petition. The less than 1 acre sizes and closeness of our homes does not warrant the necessity for more than 2 dogs in a residential Cul-de- sac neighborhood. A photo was taken of one of the dogs barking at a neighbor and we would like to submit it along with this petition. 3.) The petitioner meets the property requirement to obtain a special use permit. What we would like the Board to know is half of that property is a sloped wooded hill. The property also has a pool and deck in the yard utilizing addition space. This leaves a property size for the dogs no I~ger than any of the immediate neighbor's property if not smaller. The owners have said they are intending to fence in the back yard for the dogs. The main reason to get this petition is property size, without it a petition would not be given. Therefore this petition if granted will then allow the 4 dogs to be kept in a fenced back yard no different in size than anyone with 2 dogs would have. Somehow this does not seem justifiable for this permit to be given based on property size. Photos have been taken of the back wooded hill and we wish to submit them with this petition. 4.) We would like to address the factor of safety. Our subdivision is a neighborhood of Cul-de-sac properties. The children in our neighborhood play outside; they ride bikes and toss balls in the Cul-de-sac's. As neighbors all of our children have enjoyed the freedom of playing in the Cul-de-sac. Children fsrm other parts of the neighborhood often come to our Cul-de-sac to play and ride bikes with our children. Having dogs this close to children will always be a factor of danger. We have learned from home owners that even the limit of 2 dogs can be a very dangerous problem in a neighborhood where homes are very close to one another. Our children should have the right to play outside without fear of any dog. We wish for our children to have a safe environment to play. We do not feel safe having this permit granted for such a small section of close homes. We know that dogs can become excited as to property and space. Our children must have the right to play without dogs barking or intimidating them. We must put them first over pets. We wish not to be bad neighbors just safe and quite ones. We feel our families and many children of our neighborhood will be put in a potentially dangerous situation. This issue for the majority of the Cul-de-sac of Buffalo Circle and neighboring side streets is that this petition not be allowed by the Zoning Board. We wish this to end and not be prolonged or revisited in the future. We would like our lives to return back to a quite safe Cul-de-sac. We have included a map of the homes and their close location to the petitioner for reference. With this the undersigned wish enter this petition in opposition of the special use permit. Print Name W i 1y()~_ e ~l N~ ~~t ~ yE Sign Name Address ,~ 1 ~~- t'f yYZ ~~1 y~...~ ~1., lip- ~-y,~'~ `~ ~ JJ.e Sa~t~~r V~+~~~ ~ 3 T I ~- . , ~ L~= ;;l ,a~i ~, S ~v ~ ~ ,tea / ~ ~' Qn, l~l1 z tiNs3 "..Y >„ , ;~ ~C~ :~; :M , v t1 ~ yl ~J 7 C~:- ~~~(c~tC~ ~l~/Sj '' ' ~s,..C l .J : ~ ~ J~ ~j/'S l)l~ ~y6~L~•LtL';1 .~ y~1~ 4~~ ~.~ .3 n r ~=~ r :.: Vo~~u~,ss~ r ~- _ /Jig r ~~~ ~a ~r. VJ'f ~~ ~r~ /~i //S ~:-.~n. ~r~11y/S3 r, k~ t ~ 1~`; h--,,~ -tw; 1~ ~ °~~ ~ ~ ~ ~ ,~ ~~.C ~ ~ , ~ -' ~ 1, ~ ~~.~~ „•t'- ~; ~ ~- ~ ~ ~ w ~ ~ ~ ~ ~ - ~..~ i _ \'~ ~~-~~' ~ - . L ~' ~.. _ 1,,,' ~" j--~- }~ ~ v ~ ~ ~t.. _~ ~~' 'Sri' ~,~ ^ ~ 1 (. `` c } v\~ L r" ~ ~~ . ~~ r ._..7 30 ,_ 5115 p 249 ~ ~ m 2 ~ l5 ~, 'r 5117 -6197 225.19 s 28. 1+ w °0 510.9 ~ 247.18 ~1.1e 27• 9.27 - 5101 /J / .' ~~ r~1 k70f ~' 1.~ ~ ~ fJ18 i, \ \ •. 7 ' Barbara Reed Wendell Buffalo C~rc~e 5021 V A 24153 Salem, 4, 2004 February r LeS and Angela Meadows and Dear Sirs osing the private kennel fo We want to go on record as °pp Barbara 1. Schuyler. Sincerely, ~~'~`"°~bara eed Mendell and B r ~~-~~ ~~ .~~ ^~~. , : 3` ..-,~ ~. ~~~ ~, ~~, 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 NAME: r?~% ~ ADDRESS:~y~~' 1~'` PHONE (OPTIONAL): ~SL~~ y~~~~ ir~~ GROUP/ORGANIZATION: 6 LAW OFFICES OSTERHOUDT, PRILLAMAN, MATT, HELSCHER, YOST, MAXWELL & FERGUSON, PLC Edward A. Nett 3912 ELECTRIC ROAD, S.W. Please reply to: P. O. Box 20487 P. O. Box 20487 Roanoke, VA 24018 RonxoxE, VIRGINIA 240 is - 004» Direct: (540) 725-8180 Fax: (540) 772-0126 (540) seta-oooo E-mail: enatt@opnlaw.com FAX (540) 772-0128 February 20, 2004 HAND-DELIVERED Ms. Diane S. Childers Clerk, Board of Supervisors County of Roanoke Re: Roanoke Council of Garden Clubs, Incorporated Rezoning: 3640 Colonial Avenue Tax Map No.: 077.18-03-15 Dear Ms. Childers: SALEM, `'II2GINIA 2415:3 h. O. I3oX 2713 1U6 N. (rtn.oew uo tiree~sx (Sh()) :371{3-'L 3~k43 Pnx (s4o) eflt3-er,F3o Enclosed please find revised proffers relating to the above which have been signed by the Applicant and the Owners. Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. ~ ~-~ Edward A. Nett EAN/csb Enclosure pc: HAND-DELIVERED Janet Scheid, Chief Planner Department of Community Development Planning and Zoning Division County of Roanoke PROFFERS Address of Subject Property: 3640 Colonial Avenue Tax Map No.: 077.18-03-15 Applicant's Name: Roanoke Council of Garden Clubs, Incorporated Owner's Name: Phillip W. and Valerie L. Wilson PROFFERS The undersigned applicant/owner does hereby proffer the following conditions in conjunction with the rezoning request: 1. The subject property will be developed in substantial conformity with the concept plan dated January 14, 2004, and with the architectural rendering dated January 30, 2004, both prepared by Rife & Wood Architects. 2. The use of the property will be limited to activities of or sponsored by the Roanoke Council of Garden Clubs, Incorporated including offices, meetings and rental of the building. 3. Applicable Colonial Avenue Corridor Design Guidelines shall be in effect with the word "shall" replacing the word "should" as determined during the site plan review process. 4. The proposed Club building shall be limited to 6,000 square feet of gross floor area and 26 feet in height. 5. Exterior building materials shall be of brick and wood. 6. Parking to the rear of the building shall not exceed sixty (60) spaces and no parking shall be constructed in front of the building. 7. Monument-style signage at the entrance to the property shall not exceed 35 square feet. Total site signage shall not exceed 70 square feet. Temporary signs shall pertain only to activities directly related to the Roanoke Council of Garden Clubs, Incorporated. \\JOLLY\SYS\USERS\CBaumgardner\ZONING\Rke Garden Clubs PROFFERS.doc February 11, 2004 Applicant: ROANOKE COUNCIL OF GARDEN CLUBS, INCORPORATED ,. ., ITS ~~ ~..~ a-- Owner: >~~~ PHILLIP W. V1~ILSON VALERIE L. WILSO \\JOLLY\SYS\USERS\CBaumgardner\ZONING\Rke Garden Clubs PROFFERS.doc February 11, 2004 a/a/ok ~ • ~~~M~ s: i~G- s. ss ~wno ~,u,,nah d J Mn. Ca~ $vun~uP BOS pit Gboi ,cecan&e~ tWO~ P,s~ed , ~~ ~ ~, ~ °0°di y,~~ ~9~m.9.Po~t aN Aoee.~, a~+ ~ ~sy, 5 aka ~+rd~, .f++eQ u:pwl~WZcx, bits cpn~u~iTru~as.. /~l 1L1 AND ASSOCIATES, INC. ~I ~~ REFLECTING TOMORROW February 24, 2004 Mr. Richard C. Flora, Chairman Mr. Michael W. Altizer, Vice-Chairman Mr. Michael A. Wray Mr. Joseph McNamara Mr. Joseph B. "Butch" Church Roanoke County Board of Supervisors P.O. Box 29800 Roanoke, VA 24018 RE: Gold's Gym Property Gentlemen: Hand Delivered After careful review and consideration Balzer and Associates, Inc. hereby withdraws its petition to amend the conditions of Ordinance 032399-8, Condition 3, to increase the maximum light pole height from 22 feet to 33.5 feet for the property located at 3270 Electric Road, Cave Spring Magisterial District. The existing light fixtures will be brought into compliance with the requirements of the Ordinance within 30 days. Your attention to this matter is appreciated. Thanking you for your service to the Citizens of Roanoke County, I am Sincerely, BALZER AN ASSOCIATES, INC. ', Ja ``~~W. McAden cretary /Treasurer JWM/bs cc: John Murphy PLANNERS ARCHITECTS ENGINEERS • SURVEYORS ROANOKE 1208 Corporate Circle • Roanoke, Virginia 24018 • (540) 772-9580 FAX (540) 772-8050 ~ \\Roanoke-server\Worddocs\STAFFDIR\JWM\LETTERS\2004 Letters\Rke Co Board of Supervisors 2-24-04.doc