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HomeMy WebLinkAbout12/20/2005 - Adopted Board RecordsACTION NO. A-122005-1 ITEM NO. E-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 20, 2005 AGENDA ITEM: Presentation from the U. S. Marine Corps Reserve Unit and the Marine Corps League and appropriation of $5,000 proceeds from the 10th annual Marine Mud Run SUBMITTED BY: Pete Haislip Director of Parks, Recreation and Tourism APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: For the past ten years, the Marine Corps Reserve Unit, Company B, 4th Combat Engineer Battalion and the Marine Corps League, in cooperation with the Roanoke County Department of Parks, Recreation, and Tourism and many other corporate sponsors, has sponsored the Mud Run in Green Hill Park. The event is designed to raise funds for the Toys for Tots program and Camp Roanoke. This event continues to be successful despite the challenges confronting the sponsoring reserve units with oversea deployments of key units and staff. This year there were over 1,000 participants and over 4,000 spectators. We are proud of our partnership with the Marines and look forward to working with them for years to come. This year's $5,000 contribution brings the total amount contributed to $49,200. These funds will be used for small capital improvements and maintenance projects at the camp. Planned improvements include the purchase of dehumidification units for the residential cabins and tile for the bath house floors. Claude Slomcewski, Kevin O'Shea, and Tom Bedwell from the Marine Corps League will make the presentation. FISCAL IMPACT: The funds will be appropriated to the Camp Roanoke Fee Class Account ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the $5,000 proceeds from the 10th annual Marine Corps Mud Run to the Camp Roanoke Fee Class Account. VOTE: Supervisor Wray motion to approve staff recommendation Motion Approved cc: File Pete Haislip, Director, Parks, Recreation, & Tourism Rebecca Owens, Director, Finance Gregory Martin, Manager, Camp Roanoke Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Pete Haislip, Director, Parks, Recreation, & Tourism Rebecca Owens, Director, Finance Gregory Martin, Manager, Camp Roanoke ACTION NO. A-122005-2 ITEM NO. E-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 20, 2005 AGENDA ITEM: Request to approve funding in the amount of $150,000 to design and build a bay addition at the Back Creek Fire and Rescue station 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 has included a request to construct a bay addition onto the Back Creek Fire and Rescue station in our CIP submission for the past several years. We are requesting approval of these funds at the present time due to an opportunity that recently presented itself. Back Creek Fire and Rescue, Inc. has offered to share in the construction expense utilizing funds collected through their citizen donation campaigns. Back Creek Fire and Rescue, Inc. has committed $50,000 toward the bay expansion project. Estimating the total amount of the project accurately would not be possible at this time pending a formal bid process; however, preliminary estimates indicate the total to be approximately $200,000, leaving the County's portion at $150,000. The sharing of resources for a common goal has been very successful in the past. The completion of the Read Mountain station addition in 2004 utilizing shared funding with the volunteer agency is an example of cooperation at its best. As with the Read Mountain project, the volunteer agency will submit their contribution to the County and the project will move forward to the bid process under County guidelines and procedures. Because the Back Creek station was built in 1989 and designed for fire response only, limited bay facilities were included. Since that time, the volunteer agency purchased an ambulance and began responding to medical emergencies, thus utilizing some of the bay space to house the vehicle. In 2005, the volunteer agency was successful in a FEMA grant process which resulted in the purchase of a 4 -wheel drive mini -pumper to assist in fire responses in rural areas and to some homes with narrow drives and limited access. This was a great addition to the response capabilities of the station; however, it placed a strain on the already limited bay space available. Effective November 2005, Roanoke County Fire and Rescue implemented 24 hour, 7 days per week EMS coverage in the Back Creek area. This requires the addition of a second ambulance to allow response by both the volunteer and career personnel. Once again the citizens in the Back Creek area will benefit from the expanded coverage. The bay space to house this response apparatus was again a challenge to come by, resulting in vehicles having to turn inside the bay to line up with the bay doors before exiting the building, thereby creating an unsafe condition. FISCAL IMPACT: The total amount of the project is tentatively estimated to be $200,000. Back Creek Fire and Rescue, Inc. has committed $50,000 toward the project. An additional $150,000 would need to be appropriated from the Minor County Capital Reserve to the Fire and Rescue Department to begin the bid process, architectural and engineering (A&E) work, and subsequent construction. ALTERNATIVES: Without the approval of $150,000 in funding, the Fire and Rescue Department would be unable to complete the bay addition project. STAFF RECOMMENDATION: Staff recommends the appropriation of funds in the amount of $150,000 from the Minor County Capital Reserve to combine with the $50,000 commitment from Back Creek Fire and Rescue, Inc. to complete the bay addition. K VOTE: Supervisor McNamara motion to approve staff recommendation Motion Approved cc: File Richard E. Burch, Jr., Fire and Rescue Chief Rebecca Owens, Director, Finance K Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Richard E. Burch, Jr., Fire and Rescue Chief Rebecca Owens, Director, Finance K ACTION NO. A-122005-3 ITEM NO. E-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: December 20, 2005 Request to contribute funds in the amount of $100,000 to the Town of Vinton for the expansion of the Vinton War Memorial Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval SUMMARY OF INFORMATION: Attached is a letter from Brad Grose, Mayor of the Town of Vinton, which outlines proposed plans to renovate and expand the historic Vinton War Memorial facility. As part of the renovations, the banquet facilities will be improved, training and conference amenities will be upgraded, and a landscaping plan will be implemented that will enhance the green space for the facility and mitigate some of the existing stormwater management concerns. The Town has committed $1.8 million for the project, and they have requested that Roanoke County contribute $100,000 toward the renovation of this facility that will be of benefit to the entire Roanoke Valley. They have offered to provide "no cost" dates or some other form of consideration to the County in exchange for this contribution. If the contribution is approved, staff will meet with the representatives from the Town of Vinton to schedule use of the facility by County departments. Mayor Grose will be in attendance at the meeting to answer any questions. FISCAL IMPACT: Funding in the amount of $100,000 from the Minor County Capital Fund will need to be appropriated for this purpose. STAFF RECOMMENDATION: Staff recommends appropriation of funds in the amount of $100,000 from the Minor County Capital Fund to be used as a contribution to the renovation of the Vinton War Memorial. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File The Honorable Bradley Grose, Mayor, Town of Vinton Rebecca Owens, Director, Finance Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File The Honorable Bradley Grose, Mayor, Town of Vinton Rebecca Owens, Director, Finance ACTION NO. A-122005-4 ITEM NO. E-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 20, 2005 AGENDA ITEM: Request to enter into a contract to serve as fiscal agent for the Western Virginia Regional Jail Authority SUBMITTED BY: Diane D. Hyatt Chief Financial Officer APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Western Virginia Regional Jail Authority would like the County of Roanoke to serve as fiscal agent for the Authority. At their meeting on December 1, 2005, the Authority voted to approve entering into a contract with the County to provide these services. The attached Fiscal Agent Agreement details the services to be provided by the County of Roanoke. These services include paying bills, handling accounting and auditing, payrolls, investments, etc. The County will provide monthly financial statements to the Treasurer of the Authority. In addition, the County will be responsible for the setup of all of the accounting and payroll procedures, and the filing of bond reimbursements. Bills will be processed for the Authority on a weekly basis, as they are submitted for payment. The interim financing proceeds are held in an escrow account, until a monthly reimbursement request is made. Since none of the localities have donated any working capital money, the Authority will usually have a negative cash balance, until the monthly reimbursement is received from the escrow account, in effect using Roanoke County funds for cash float. When the County allocates interest income earned at the end of each month based on the percentage participation in the pooled cash, the Authority will receive a negative allocation. These services will be provided for $5,000 a month ($60,000 annually). The term of the agreement is from January 1, 2006 — June 30, 2009. At that time, the Authority may be able to handle their own financial operations internally, or they may choose to contract for another period of time with the County. FISCAL IMPACT: The Authority will pay the County of Roanoke $5,000 a month ($60,000 annually) to provide fiscal agent services. In addition, the Authority will pay interest expense to the County for negative cash balances at the end of each month. STAFF RECOMMENDATION: Staff recommends authorizing the County Administrator to enter into a Fiscal Agent Agreement with the Western Virginia Regional Jail, in a form approved by the County Attorney. VOTE: Supervisor Wray motion to approve staff recommendation Motion Approved cc: File Diane D. Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Gerald Holt, Roanoke County Sheriff, Chair, WVRJA 2 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Diane D. Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Gerald Holt, Roanoke County Sheriff, Chair, WVRJA 2 Fiscal Agent Agreement Between The County of Roanoke, And The Western Virginia Regional Jail Authority This agreement is made the day of December, 2005, by and between the Board of Supervisors of Roanoke County ("County"), a political subdivision and county of the Commonwealth of Virginia, and The Western Virginia Jail Authority ("Authority"), a regional jail authority, created pursuant to Section 53.1-95.2 of the Code of Virginia. RECITALS 1. The Western Virginia Regional Jail Authority was created by an agreement dated June 24, 2005 between the County of Franklin, Virginia; the County of Montgomery, Virginia; the County of Roanoke, Virginia, and the City of Salem, Virginia. The Authority has all the powers granted a jail authority by law and by the provisions of Articles 3, 3.1, Title 53.1 of the Code of Virginia (1950), as amended. 2. The Western Virginia Regional Jail Authority adopted By -Laws effective August 4, 2005. Article VII, Section 2 of these By -Laws allows the Authority to designate a fiscal agent and enter into a contract with such agent for this purpose. AGREEMENT The County is hereby authorized to serve as Fiscal Agent for The Authority. As such, The Authority and the County agree to the provisions outlined below: 1. Maintenance of Books. The County will establish a separate fund(s) on the County financial system to maintain the financial records of the Authority. 2. Pooled Cash. As part of the overall pooled cash concept that is used by the County, the cash of the Authority will be pooled with the cash of the County and other agencies that the County serves as fiscal agent. As such, the Treasurer of the County is authorized to make investments for the pooled cash. 3. Negative Cash. As a participant in the pooled cash concept of the County, the Authority may have a negative cash balance from time to time. The Authority agrees to minimize the negative cash to the extent possible. The cash balance must be positive at the end of the fiscal year. 1 4. Interest Income. At the end of each month, the County allocates interest income earned during that month to all of the funds based upon the percentage participation on the pooled cash. If cash is negative at the end of a month, as described in paragraph 3, then negative interest will be allocated to the fund. 5. Loss on Investments. In the unlikely event that the County pooled cash has a loss on an investment through default, market decline, or other reason, the Authority will share in the loss using the methodology described in paragraph 4. 6. Revenues. All revenues of the Authority, except for inmate funds, will be deposited with the County Treasurer. 7. Payment of Vendors. The County will make vendor payments for the Authority. These payments will be made in a manner consistent with County procedures. These payments will be combined into the normal County vendor payment process, and as such the check stock used will be the County of Roanoke, and will be signed electronically with the signatures that appear on County checks. Reference to the Authority may be made on the description line of the check. 8. Payment of Payroll. The County will process the payroll for the Authority. These payments will be made in a manner consistent with County procedures and will follow the County payroll cycle. These payments will be combined into the normal County payroll process, and as such the check stock used will be the County of Roanoke, and will be signed electronically with the signatures that appear on the County checks. 9. Processing of Payroll Taxes. The County will file all payroll taxes as part of the combined payroll of the County of Roanoke. As such, the County ID name and number will appear on the W-2 forms that are received by the employees. This is for cost saving and convenience and does not mean that the employees are employees of the County. 10. Procurement. The County will assist the Authority with Procurement activities as requested by the Authority. 11. Risk Management. The County will assist the Authority with the procuring and selection of insurance coverage. 12. Financial Reports. The County will work with the Authority staff and Board to provide meaningful financial reports on a convenient schedule. This will include financial reports to the Authority Board meeting. 13. Audit. The County will procure an audit firm for the Authority audit as part of the overall procurement process for the County audit. The firm selected may or may not be the same firm that is selected to do the County audit. The County will work with the auditors selected to prepare the audit of the Authority. The Authority will maintain overall 2 responsibility for the integrity of the financial records. The Authority will be charged for the cost of the audit. 14. Errors and Omissions. It is the responsibility of the Authority to make sure that all financial information is correct, accurate, and complete. 15. Ownershiy. All funds and obligations of the Authority are the property and responsibility of the Authority. Upon termination of this Agreement, all funds and obligations will be remitted to the Authority, or its new fiscal agent. 16. Cost. The fiscal agent services outlined above will be provided the Authority for a fee of $5,000 a month ($60,000 annually). The County has permission to transfer funds from the Authority funds to the County funds by journal entry to pay for this service. 17. Term. This agreement shall begin on January 1, 2006 and shall terminate on June 30, 2009. Further, either the County or the Authority may terminate the Agreement at any time with one year written notice to the other. In witness whereof, the parties have caused this Agreement to be executed by their authorized officers. Its: M. Its: BOARD OF SUPERVISORS OF ROANOKE COUNTY WESTERN VIRGINIA REGIONAL JAIL AUTHORITY ACTION NO. A-122005-5 ITEM NO. E-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 20, 2005 AGENDA ITEM: Request to increase services and staffing hours at the Bent Mountain and Mount Pleasant Libraries SUBMITTED BY: Diana Rosapape Director of Library Services APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At the December 6, 2005 meeting, Joan Carver, a citizen in Bent Mountain, advised the Board that she was interested in providing a preschool story time at the Bent Mountain Library. The Bent Mountain Women's Club has indicated their willingness to donate funds to begin the program. Staff had been working on the group's request but had several areas of concern, as outlined below: The number of children who could attend is very limited. According to information provided by staff members, the Roanoke County school administration, and longtime residents, most preschool -aged children in the Bent Mountain area are in daycare during the week. Mrs. Carver mentioned the possibility that a daycare center in Floyd County would bring children to the library for the story time. When contacted, however, the daycare owner said that the logistical problems of safely transporting the preschoolers would make regular attendance difficult. She preferred to be considered for the Library's Books2Go outreach service to the center. 2. The Library Board has made it a priority to restore parity in services and scheduled hours between the two community branches of Bent Mountain and Mount Pleasant. Currently, the Mount Pleasant Library is open 12 hours per week and has an annual circulation of 7,100; Bent Mountain is open 24 hours per week and has an annual circulation of 11,700. In comparison, a full-service branch, such as Vinton, is open 65 hours per week and had a circulation of 140,000 items last year. Increasing the hours at Mount Pleasant will result in increased circulation at this branch. ALTERNATIVES: 1. Work within the existing hours at Bent Mountain and bring Mount Pleasant to parity at a total annual cost of $12,600: a. Hold the preschool story time at Bent Mountain on Saturday morning when the library is already open and the children will be able to attend. Cost is $1,800 in additional staff time. b. Add 12 hours of operational time to the Mount Pleasant Library so that it is in parity with the existing Bent Mountain operational time. Cost is $10,800 in additional staff time. 2. Add four additional hours to Bent Mountain and bring Mount Pleasant to parity at a total annual cost of $18,000: a. Hold the preschool story time on a weekday morning. We would need to see if there would be any attendance at this time. Cost is $3,600 in additional staff time. b. Add 16 hours of operational time to the Mount Pleasant Library so that it is in parity with the existing Bent Mountain operational time. Cost is $14,400 in additional staff time. FISCAL IMPACT: If the Board would like one of the above alternatives, the funds would need to be appropriated from the Board Contingency for a six month period to begin these services in January 2006. Alternative 1 would cost $6,300 and Alternative 2 would cost $9,000. Funds for future years would be included as part of the budget process. STAFF RECOMMENDATION: Staff recommends Alternative 2; however, Alternative 1 is also a workable solution. VOTE: Supervisor Altizer motion to approve staff recommendation — Alternative #2 Motion Approved cc: File Diana Rosapepe, Director of Library Services Rebecca Owens, Director, Finance Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Diana Rosapepe, Director of Library Services Rebecca Owens, Director, Finance AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 20, 2005 ORDINANCE 122005-6 AUTHORIZING CONVEYANCE OF AN EASEMENT TO VERIZON VIRGINIA INC. ON PROPERTY OWNED BY THE BOARD OF SUPERVISORS (TAX MAP #036.16-01-11.1) TO PROVIDE TELEPHONE SERVICE TO NEW PUBLIC SAFETY CENTER IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, Roanoke County is constructing a new Public Safety Center on Cove Road and requires telephone service to this building; and, WHEREAS, Verizon Virginia Inc. (Verizon) requires a 15' right of way and easement for placement of utility poles along Cove Road through the Roanoke County property, designated on the Roanoke County land records as Tax Map #036.16-01-11.1 and located at 5925 Cove Road in the Catawba Magisterial District; 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 December 6, 2005, and a second reading was held on December 20, 2005. 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 Verizon Virginia, Inc. for the provision of telephone service, also designated as a communication system, in connection with Roanoke County's construction of the new Public Safety Center at 5925 Cove Road in the Catawba Magisterial District. 3. That donation to Verizon Virginia Inc. of an easement and right-of-way for placement of utility poles and related equipment, within the "15' VERIZON EASEMENT" on the County's property (Tax Map #036.16-01-11.1) extending along Cove Road in the Catawba Magisterial District as shown on Verizon Drawing No. PAOHBCC-88573-R, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 4. That the County Administrator, or Joseph B. Obenshain, Senior Assistant County Attorney, 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, Flora, Altizer NAYS: None A COPY TESTE: 4LR-*�4 Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Joseph B. Obenshain, Senior Assistant County Attorney 2 Jrl EET L OF 4 Exhibit "A" LD V5 IM, Qtwv (DPIS`` plus o ---o---o -- is' viEP_tZDtJ EASGw{CcT 4 19/l 13LOC9 R SITE PLAN REFERENCE: VERIZON VIRGINIA INC. OWNER: COUNTY RIGHT-OF-WAY EXHIBIT "A' Roanoke County P.O. Box 29800 Roanoke TAX MAP NO. Roanoke, Va. 24018 MAGISTERIAL DISTRICT — —P— — DENOTES P AND/OR PROW — — — — LIMITS OF EASEMENT CONTACT TEL. NO.: (540) 772-2004 Hollins E.A.: GRANTOR: SH I E -W N -S D. Michael Davis PG. X . Joseph B. Obenshain NVSM PHONE NO.: (540) 562-4600 Senior Asst. Co. Atty. OF Y . CENTRAL OFFICE: GRANTOR: FILE NO. 4A14108 Cove Road PAOH BCC -88573-R Jrl EET L OF 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 20, 2005 ORDINANCE 122005-7 AUTHORIZING THE ACCEPTANCE OF A DONATION FROM OCCIDENTAL DEVELOPMENT, L.L.C. OF AN EASEMENT FOR CONSTRUCTION OF A DRAINAGE EASEMENT AT SUNSCAPE APARTMENTS WHEREAS, the Roanoke County Department of Community Development has plans for the improvement of the stormwater drainage situation in the area of Georgetown Park subdivision in the Cave Spring Magisterial District of the County, and, WHEREAS, successful completion of this project requires the acquisition of a variable width drainage easement and construction of a concrete channel on a small area of approximately 3,000 square feet on the property currently occupied by the premises of Sunscape Apartments; and, WHEREAS, Occidental Development, L.L.C., owner of Sunscape Apartments, has offered to donate the area required for this variable width drainage easement to the County and the Department of Community Development has recommended acceptance of the property; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on December 6, 2005; and the second reading was held on December 20, 2005. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to accept the donation of an easement for drainage of approximately 3,000 square feet, designated and shown as "PROPOSED VARIABLE WIDTH DRAINAGE EASEMENT" upon the "PLAT SHOWING DRAINAGE EASEMENT BEING CONVEYED TO ROANOKE COUNTY BY OCCIDENTAL DEVELOPMENT, LLC," and being a part of that parcel of real estate, located in the Cave Spring Magisterial District, Roanoke County, previously conveyed by deed (Roanoke County Tax Map Parcel # 77.11-091-55.00) recorded in the Clerk's Office of the Circuit Court of Roanoke County in Deed Book 1296, page 37, a copy of which plat is attached hereto as Exhibit A, from Occidental Development, L.L.C. 2. That the County Administrator or an Assistant County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition and acceptance of this property, all of which shall be approved as to form by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Wray to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A COPY TESTE: &S,4� 0. Brenda J. H61ton, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Joseph B. Obenshain, Senior Assistant County Attorney 2 EMBIT A NOTE -METES AND BOUNDS DESCRIPTION SHOWN ON THIS PLAT -` REPRESENT A COMPOSITE OF DEEDS. PLATS, AND CALCULATED cA<o INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY a r\ =ti V6• SURVEY. TAX # 77.11-01-55.00 / / o Q. PROPERTY OF Z �o c , OCCIDENTAL DEVELOPMENT LLC / /cd w o TRACT IA / o oca D.B. 1296 PG.37 �% Q = s�� 24.35 Ac. lig FQO /O �• /?C3ry / PROPOSED VARIABLE WIDTH DRAINAGE EASEMENT N O O � .�• PROPOSED CONCRETE CHANNEL _ (IN SAME LOCATION AS EXISTING NATURAL CHANNEL). 654950 •... yry� j Q �: TAX # 77.10-03-17.00O PROPERTY OF MA CLIFF R. & RILYN W. McCLELLAN v v� 3 LOT 12 BLK. 7 SEC. 2 I -� tiR•� 1 I D.B. 878 PG. 494 I , 0.259 Ac. V J. PROPOSED c.. 1 I TAX # n.10 -o3-18.00 ti I � I � PROPERTY OF VARIABLE WIDTH v r 1 EUGENE W. & BARBARA D. CATON DRAINAGE EASEMENT ' ' i LOT 12 BLK. 8 SEC. 2 �, , 1 (AREA= 2950.18 S.F. 0.0677 Ac.); ( , D.B.1147 PG.624 R 0.244 Ac. DRAINAGE EASEMENT PT. BEARING DISTANCE 1-2 S74'34'30"E 115.29' 2-3 S01 '53-37-E 53.15' 3-1 S53'34'00"E 141.52' AREA= 2950.18 S.F. 0.0677 Ac. MIBIT A PLAT SHOWING DRAINAGE EASEMENT BEING CONVEYED TO ROANOKE COUNTY BY OCCIDENTAL DEVELOPMENT LLC ROANOKE COUNTY TAX MAP PARCEL # 77.11-01-55.00 SITUATED ALONG COLONIAL AVENUE o g°Ar?o CAVE SPRING MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA °i SCALE: 1"= 50' DATE: SEPT. 16, 2005 1es PREPARED BY ROANOKE COUNTY DEPARTMENT OF C0101UNPPY DEVELOPMENT AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 20, 2005 RESOLUTION 122005-8 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 December 20, 2005, 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 2, inclusive, as follows: 1. Approval of minutes — December 6, 2005 2. Acceptance of a portion of Innsbrooke Drive and Hanging Rock Court into the Virginia Department of Transportation Secondary System 3. Confirmation of committee appointment to the Southwest Development Financing, Inc. 4. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A COPY TESTE: &at-wr- Q,- k�14rL-- Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 20th DAY OF DECEMBER, 2005, ADOPTED THE FOLLOWING: RESOLUTION 122005-8.a REQUESTING ACCEPTANCE OF A PORTION OF INNSBROOKE DRIVE AND HANGING ROCK COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Addition Form LA -5(A), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form LA -5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Moved by: Supervisor Altizer Seconded by: None Required Yeas: Supervisors McNamara, Church, Flora, Wray, Altizer Nays: None A Copy Teste: &k,6L g. k42.t� Brenda J. Holton, CMC — Deputy Clerk Roanoke County Board of Supervisors pc: Arnold Covey, Director, Department of Community Development Virginia Department of Transportation File I hereby certify that the foregoing is a true and correct copy of Resolution 122005-8.a adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, December 20, 2005. Diane S. Childers, CMC - Clerk s L _ y U O N c) 0 ^ T L N N U � UU C CV U � ^, W Z=;;_N O Px W a) Y i-� O r/\ MW W r' I.A. U. 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J-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 20, 2005 AGENDA ITEM: Confirmation of appointment to the Southwest Development Financing, Inc. SUBMITTED BY: Diane S. Childers, CMC Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Southwest Development Financing, Inc. The two-year term of Wendi Schultz will expire on December 31, 2005. Ms. Schultz has advised that she is willing to serve an additional term, Supervisor Altizer nominated Ms. Schultz to serve an additional two-year term which will expire on December 31, 2007. He requested that confirmation of her appointment be placed on the consent agenda. STAFF RECOMMENDATION: It is recommended that the above confirmation of appointment to the Southwest Development Financing, Inc. be confirmed. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Southwest Development Financing, Inc. File Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Altizer ® ❑ ❑ cc: File Southwest Development Financing, Inc. File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 20, 2005 ORDINANCE 122005-9 TO EXEMPT THE PROPERTY OWNED BY ROANOKE COUNCIL OF GARDEN CLUBS, INC., FROM PROPERTY TAX, SAID REAL PROPERTY, ASSESSED AT $712,100.00, BEING 2.60 ACRES AT 3640 COLONIAL AVENUE IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, The Roanoke Council of Garden Clubs, Inc., ("Petitioner") has petitioned this Board for tax exemption for certain of its property from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia ; and WHEREAS, Virginia Code §58.1-3651 (A) sets forth the process and procedure by which a locality may designate property as tax exempt; and WHEREAS, Virginia Code §58.1-3651(8) establishes certain requirements for notifying the public of a hearing regarding the proposed adoption of an ordinance exempting property and sets forth questions to be considered by the local governing body before adopting such an ordinance.; and WHEREAS, the first reading of this ordinance was held on December 6, 2005, and the public hearing and second reading of this ordinance was held on December 20, 2005; and WHEREAS, the Board of Supervisors, after due notice and public hearing has considered the questions set forth in Virginia Code §58.1-3651(B) and, upon consideration of those questions, has determined that the application for the proposed exemption from taxation should be granted; now, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That, in accordance with Section 58.1-3651(A) of the 1950 Code of Virginia, as amended, the Board grants an exemption from taxation under Article X, Section 6 (a)(6) of the Constitution of Virginia of property owned and used by the Roanoke Council of Garden Clubs, Inc. for charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. This ordinance is adopted by the Board after holding a public hearing with respect hereto as to which public notice was given and at which citizens had an opportunity to be heard. In adopting this ordinance, the Board has examined and considered the provisions of §58.1-3651(B) of the 1950 Code of Virginia, as amended. The total assessed value of the real property owned by the Roanoke Council of Garden Clubs, Inc. is $712,100.00 and the property tax is $3,130.40 per year. The Tax Parcel No. of the property is 77.18-3-15 and said parcel is located at 3640 Colonial Avenue, Roanoke County, Virginia, 24018. 2. That pursuant to §58.1-3605, the Roanoke Council of Garden Clubs, Inc. shall file triennially an application with the County's assessing officer as a requirement for retention of the exempt status of the property. Such application shall show the ownership and usage of such property and shall be filed within the next sixty days preceding the tax year for which such exemption, or the retention thereof, is sought. 3. That the Roanoke Council of Garden Clubs, Inc. has agreed to enter into a Service Agreement with Roanoke County providing for the payment of an annual service fee in the amount of 20% of the County's real estate levies, were the Roanoke Council of Garden Clubs, Inc. not exempt from local taxation, for so long as Petitioner is exempted from state and local taxation. This service fee shall commence July 1, 2005, K and shall continue for succeeding years so long as Petitioner is exempted from state and local taxation. 4. That the property owned by the Roanoke Council of Garden Clubs, Inc. be, and is hereby designated as exempt from property taxes of the County based upon the Roanoke Council of Garden Clubs, Inc.'s exclusive use of said property for charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. 5. That the clerk is directed to forward an attested copy of this ordinance to the Commissioner of the Revenue and the Treasurer for Roanoke County, and to Roanoke Council of Garden Clubs, Inc. 6. That the continuance of this exemption shall be conditioned upon the continuous use of this property in accordance with the purpose for which this organization has been designated; and, 7. That the effective date of this Ordinance is July 1, 2005. On motion of Supervisor Wray to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A COPY TESTE: Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: File Paul Mahoney, County Attorney Nancy Horn, Commissioner of Revenue Kevin Hutchins, Treasurer 3 Rebecca Owens, Director, Finance Roanoke Council of Garden Clubs, Inc. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 20, 2005 ORDINANCE 122005-10 AMENDING THE ROANOKE COUNTY CODE BY ADDING A NEW SECTION 21-22 TO PROVIDE FOR THE IMPLEMENTATION OF THE 2004-2005 CHANGES TO THE PERSONAL PROPERTY TAX RELIEF ACT OF 1998 WHEREAS, the Personal Property Tax Relief Act of 1998, Va. Code §§ 58.1- 3523 et seq. ("PPTRA") has been substantially modified by the enactment of Chapter 1 of the Acts of Assembly, 2004 Special Session I (Senate Bill 5005), and the provisions of Item 503 of Chapter 951 of the 2005 Acts of Assembly (the 2005 revisions to the 2004-06 Appropriations Act, hereinafter citied as the "2005 Appropriations Act"); and WHEREAS, these legislative enactments require the County of Roanoke to take affirmative steps to implement these changes, and to provide for the computation and allocation of relief provided pursuant to the PPTRA as revised; and WHEREAS, these legislative enactments provide for the appropriation to the County, commencing 2006, of a fixed sum to be used exclusively for the provisions of tax relief to owners of qualifying personal use vehicles that are subject to the personal property tax ("PPT") on such vehicles, and provide the opportunity for the County to fashion a program of tax relief that serves the best interests of its citizenry; and WHEREAS, first reading of this ordinance was held on December 6, 2005, and the second reading and public hearing were held on December 20, 2005. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 21, Article II of the Roanoke County Code be, and hereby is, amended to add Section 21-22, which shall read and provide as follows: Section 21-22. (a) Purpose; Definitions; Relation to other Ordinances. (1) The purpose of this ordinance is to provide for the implementation of the changes to PPTRA affected by legislation adopted during the 2004 Special Session I and the 2005 Regular Session of the General Assembly of Virginia. (2) Terms used in this ordinance that have defined meanings set forth in PPTRA shall have the same meanings as set forth in Va. Code § 58.1-3523, as amended. (3) To the extent that the provisions of this ordinance conflict with any prior ordinance or provision of the County Code, this ordinance shall control. (b) Method of Computing and Reflecting Tax Relief. (1) For tax years commencing in 2006, the County adopts the provisions of Item 503.E of the 2005 Appropriations Act, providing for the computation of tax relief as a specific dollar amount to be offset against the total taxes that would otherwise be due but for PPTRA and the reporting of such specific dollar relief on the tax bill. (2) The Board shall, by resolution or by order, set the percentage of tax relief at such a level that it is anticipated fully to exhaust PPTRA relief funds provided to the County by the Commonwealth. (3) Personal property tax bills shall set forth on their face the specific dollar amount of relief credited with respect to each qualifying vehicle, together with an explanation of the general manner in which relief is allocated. (c) Allocation of relief among taxpayers. 2 (1) Allocation of PPTRA relief shall be provided in accordance with the general provisions of this section, as implemented by the specific provisions of the County's annual resolution relating to PPTRA relief. (2) Relief shall be allocated in such a manner as to eliminate personal property taxation of each qualifying vehicle with an assessed value of $1,000 or less. (3) Relief with respect to qualifying vehicles with assessed values of more than $1,000 shall be provided at a percentage, annually fixed by County resolution and applied to the first $20,000 in value of each such qualifying vehicle that is estimated fully to use all available state PPTRA relief. The rate shall be established annually by County resolution. (d) Transitional provisions. (1) Pursuant to authority conferred in Item 503.D of the 2005 Appropriations Act, the County Treasurer is authorized to issue a supplemental personal property tax bill, in the amount of 100 percent of tax due without regard to any former entitlement to state PPTRA relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such date as state funds for reimbursement of the state share of such bill have become unavailable, whichever earlier occurs. (2) Penalty and interest with respect to bills issued pursuant to subsection (1) of this section shall be computed on the entire amount of tax owed. Interest shall be computed at the rate provided in § 21-18 of the County Code from the original due date of the tax. 3 2. That this ordinance shall be in full force and effect from and after January 1, 2006, and it shall become effective for the 2006 personal property tax year and all subsequent tax years. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A COPY TESTE: Brenda J. Ho ton, CMC Deputy Clerk to the Board of Supervisors 4 cc: File Diane D. Hyatt, Chief Financial Officer Circuit Court Robert P. Doherty, Jr., Judge James R. Swanson, Judge Steven A. McGraw, Clerk Bonnie Hager, Judicial Secretary Norce Lowe, Secretary Juvenile Domestic Relations District Court Ruth P. Bates, Clerk (for distribution) General District Court Vincent A. Lilley, Judge Theresa A. Childress, Clerk (for distribution) Gerald Holt, Sheriff Paul Mahoney, County Attorney Randy Leach, Commonwealth Attorney Chief Magistrate Kozuo Webb Main Library, Diana Rosapepe Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book John M. Chambliss, Jr., Assistant County Administrator Dan O'Donnell, Assistant County Administrator O. Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Rebecca Owens, Director, Finance David Davis, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism William E. Driver Director, Real Estate Valuation F. Kevin Hutchins, Treasurer Nancy Horn, Commissioner of Revenue 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 20, 2005 ORDINANCE 122005-11 AMENDING SECTION 30-71, EP EXPLORE PARK DISTRICT, AND RELATED SECTIONS 30-29, USE TYPES GENERALLY, AND 30-80 THROUGH 30-88, USE AND DESIGN STANDARDS OF THE ROANOKE COUNTY ZONING ORDINANCE OF THE ROANOKE COUNTY CODE WHEREAS, Section 30-71 of the Roanoke County Code establishes certain regulations under the Roanoke County Zoning Ordinance applicable to the Explore Park to ensure that it be operated as an historical family destination resort, and these regulations ensure that areas surrounding Explore Park are afforded protections necessitated by the Park's development and operation, and that public facilities and services are planned and are adequate to ensure the safe and efficient operation of the Park with a minimum of impact on the surrounding neighborhood and the larger community; and, WHEREAS, Section 30-29, Definitions, and Sections 30-80 through 30-88, Use and Design Standards, require amendments in order to conform with the amendments to Section 30-71; and, WHEREAS, the Virginia Recreational Facilities Authority (VRFA) and Virginia Living Histories, Inc. (VLH) have requested the County to consider amending these regulations in order to expedite development of this property as a family destination resort; and, WHEREAS, these regulations have been reviewed by the Roanoke County Planning Commission and it has recommended to the Board on December 6, 2005, that it is necessary and convenient to amend said regulations as requested by the VRFA and VLH. WHEREAS, public necessity, convenience, general welfare or good zoning practice may require consideration of amendments to the Roanoke County Zoning Ordinance which currently apply to the Explore Park; and, NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke as follows: 1 That Section 30-71, EP Explore Park District of the Roanoke County Code be amended to read and provide as follows: EXPLORE PARK SEC. 30-71. EP EXPLORE PARK DISTRICT. Sec. 30-71 -1. Purpose. (A) The purpose of this district is to establish an area within the county that is designated and reserved solely for activities associated with the Explore Park, (hereafter referred to as the Park). These district regulations are designed to permit current Park uses while facilitating, through adequate public review, the development of the Park as a family destination resort which incorporates significant natural areas within its boundaries. They are also designed to ensure that the facilities and services are adequate to ensure the safe and efficient operation of the Park with a minimum of impact on the surrounding neighborhood and the larger community. Sec. 30-71 -2. Applicability. (A) These regulations shall only apply to land in the County of Roanoke owned or leased by the Virginia Recreational Facilities Authority (VRFA), Virginia Living Histories, Inc., and to any facilities, and/or operations on such land. Sec. 30-71 -3. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture Stables, Commercial 2. Civic Uses Administrative Services Camps* Cultural Services Post Office Public Assembly Public Parks and Recreational Areas 2 Safety Services Utility Services, Minor 3. Commercial Uses Antique Shops Campgrounds Commercial Indoor Amusement Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communication Services Golf Course* Hotel/Motel/Motor Lodge Restaurant/Family Restaurant/General Restaurant/Drive-in or Fast Food* Retail Sales* Studio, Fine Arts (B) The following uses are permitted by right, subject to all other applicable requirements contained in this ordinance. These uses are recognized as necessary and appropriate accessory uses within Explore Park. The character and scale of these uses, however, must be subordinate and incidental to the permitted uses set forth in (A) above. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Civic Uses Religious Assembly* Public Maintenance and Service Facilities 2. Office Uses Financial Institutions* General Office 3. Commercial Uses Automobile Rental/Leasing, with a special use permit Automobile Repair Services, Minor* Business Support Services* Convenience Store Gasoline Station * 4. Industrial Uses Transportation Terminal 3 (C) Within the Park, there shall be limits on developed areas in order to ensure that at least 30% of the acreage of the Park, within the jurisdiction of the County of Roanoke, consists of open space, forested space, trails, buffers or natural areas. To achieve that objective, those uses which are identified in subsection (A) and (B) above as permitted uses shall not exceed 70% of the Park's acreage in the County of Roanoke. 1. Calculation of Developed Area ratio a. Buildings and other structures, streets and other paving, utilities, filling, grading, and excavating shall be included in the calculation of developed area. b. Any pasture, crop land, forested areas, trails, ponds other than stormwater detention areas, recreated natural features, buffers and similar open or yard areas shall not be calculated as developed areas. c. During site development review, the limits of disturbance for each development shall be identified in order to calculate developed areas. In addition, the identification and calculation of open space, forested space, trails, buffers and natural areas shall be provided on an ongoing basis in order to confirm compliance with the 70%/30% ratio. d. So long as the 70%/30% ratio is maintained, the location of open space, forested space, trails, buffers or natural areas may be shifted as development proceeds. Sec. 30-71 -4. Rezoning Application Process. (A) Prior to submitting an application for review and approval under these provisions, the applicant and the county staff shall confer to discuss the requirements of this section. The purpose of the meeting is to obtain a mutual understanding of the application requirements and process. (B) Any application to rezone land to the EP designation shall constitute an amendment to the zoning ordinance pursuant to Section 30-14. Once the board of supervisors has approved the master plan described below, all submitted and accepted proffers shall constitute conditions pursuant to the provisions of this ordinance. Development shall occur in substantial conformity with the specifics set out in the master plan. (C) To initiate an amendment, the applicant shall complete a rezoning application packet. This information shall be accompanied by graphic and written 4 information which shall constitute a master plan. All information submitted shall be of sufficient clarity, detail, and scale to clearly and accurately identify the location, nature and character of the proposed district. The information shall include: 1. A legal description of the proposed site. This may be a metes and bounds description and plat, or a tabular summary of all tax map parcels proposed for rezoning. If tax parcels are used, a composite plan shall be submitted, showing the limits of the proposed district and the location of each parcel within the district. Should survey or title work disclose that any parcel or portions thereof were erroneously included in the rezoning application, then the applicant may remove said parcels from the application without invalidating the rezoning of the other submitted parcels 2. Current information on the existing zoning and land use of each parcel proposed for the Park. 3. A topographical survey of the proposed site including information on flood plains and natural water courses. 4. Minimum buffers between the Park and its neighbors and general details on the landscaping within such buffers. 5. Information on open space, including how such space might be utilized for hiking, biking and riding trails or other park uses. 6. Generalized statements pertaining to architectural and community design guidelines. 7. Description of transportation objectives, identifying current and proposed connections with state maintained roads with maintenance responsibility for non -state maintained roads identified. Include connections to intermodal transportation systems as shown in the Community Plan. 8. Information on proposed plans for public utilities. 9. Inventory of historic resources. (D) The completed rezoning application and supporting master plan shall be submitted to the planning commission for review and analysis. The commission shall review this information and make a report of its findings to the board of supervisors. The commission shall as part of its review hold a public hearing pursuant to section 15.2-2204 of the Code of Virginia, as amended. 5 (E) The commission shall make a report of its findings to the board of supervisors within 90 days of the receipt of the materials, unless the applicant requests, or agrees to an extension of this time frame. The commission's report shall recommend approval, approval with modifications, or disapproval of the master plan for the Park. Failure of the commission to make a report of its findings to the board of supervisors within this period shall constitute a commission recommendation of approval. (F) If the commission recommends denial of the master plan or approval with modifications, the applicant shall, upon its request, have up to sixty (60) days to make any modifications. If the applicant desires to make any modifications to the master plan, the board of supervisors' review and action shall be delayed until such changes are made and submitted for review. (G) The board of supervisors shall review the master plan and act to approve or deny the plan within ninety (90) days from the date of the planning commission's action unless the applicant requests or agrees to an extension of this time frame. The plan approved by the board of supervisors shall constitute the approved master plan for the Park. Once approved by the board of supervisors, the administrator shall authorize the revisions to the official zoning map to indicate the establishment of the EP district. (H) Should major changes to the master plan be desired, the applicant has the right to amend the master plan by following the process detailed in sections D through G above. (1) Following the approval of the master plan (which approval signifies that the proposed site is rezoned to the EP district), the applicant shall be required to submit preliminary and final site development plans prior to construction for approval. Final site development plans for any phase or component of the Park that involves the construction of structures or facilities shall be approved prior to the issuance of a building permit and the commencement of construction. SEC. 30-80. USE AND DESIGN STANDARDS SEC. 30-83. CIVIC USES Sec. 30-83-7.5. Public Maintenance and Service Facilities. (A) In the EP district, these facilities shall be used to service and maintain only EP district properties and/or access thereto. SEC. 30-85. COMMERCIAL USES Sec. 30-85-4.5. Automobile Rental/Leasing. n (A) In the EP district: 1. Shall be permitted only with a special use permit. Sec. 30-85-6. Automobile Repair Services, Minor. (C) Additional standards in the EP district: 1. There shall be a maximum of four service bays, one of which may be oversized to permit a bus or recreational vehicle to pull though for service. 2. Where adjoining a residential or civic use type, a minimum 100 foot setback shall be required. 3. No independent advertising through local media shall call attention to the Explore Park location of the business. Sec. 30-85-8.5. Business Support Services. (A) In the EP district, the following shall apply: 1. No independent advertising through local media shall call attention to the Explore Park location of the business. Sec. 30-85-9. Campground. (A) General standards in the AG3 and AG1 districts: (The campground standards are unchanged, but would now only apply to the AG3 and AG1 district, and not EP) Sec. 30-85-13. Convenience Store. (D) Additional standards in the EP district: 1. No convenience store shall exceed three thousand (3,000) square feet of gross floor area. 2. Where adjoining a residential or civic use type, a minimum 100 foot setback shall be required. 3. No independent advertising through local media shall call attention to the Explore Park location of the business. Sec. 30-85-16. Gasoline Station. (C) Additional standards in the EP district: 1. No more than four (4) stations designed for dispensing fuel shall be located on site. 7 2. Where adjoining a residential or civic use type, a minimum 100 foot setback shall be required. 3. No independent advertising through local media shall call attention to the Explore Park location of the business. Sec. 30-85-24. Restaurant, Drive -In or Fast Food (A) In the EP District: 1. A special use permit shall be required for any drive though facilities. Sec. 30-85-24.5. Retail Sales. (B) In the EP District: 1. A special use permit shall be required for any retail sales use, building or structure that exceeds fifty thousand (50,000) square feet of gross floor area. SEC. 30-86. INDUSTRIAL USES. Sec. 30-86-11. Transportation Terminal. (A) In the EP district the following standards shall apply: 1. This use is provided to allow various visitor transportation access options to be constructed within the Park. 2. Typical uses include train depot, marina, bus loading and unloading areas, and visitor shuttle services. SEC. 30-29. USE TYPES; GENERALLY Sec. 30-29-5. Commercial Use Types. Marina: A facility situated on a river which provides launching and secure moorings for water -borne craft and may also provide watercraft rental, supplies, fuel and marine repair services. Sec. 30-29-6. Industrial Use Types. Transportation Terminal: A facility for loading, unloading and interchange of passengers, baggage and incidental freight or package express between modes of ground or water transportation, including bus terminals, railroad stations, marinas and public transit facilities. 3. That this ordinance shall take effect from and after its adoption. FP On motion of Supervisor Altizer to adopt the ordinance with the following amendment and addition: (1) amend Sec. 30-85-24.5. Retail Sales: A special use permit shall be required for any rhe Fe+aci establic hmenf retail sales use, building or structure that exceeds fifty thousand (50,000) square feet of gross floor area; and (2) addition of Sec. 30-85-4.5. Automobile Rental/Leasing: In the EP district shall be permitted only with a special use permit. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A COPY TESTE: Z-Ulo-rk 0 ZLZ42:=� Brenda J. Hol n, CMC Deputy Clerk to the Board of Supervisors 9 cc: File Circuit Court Robert P. Doherty, Jr., Judge James R. Swanson, Judge Steven A. McGraw, Clerk Bonnie Hager, Judicial Secretary Norce Lowe, Secretary Juvenile Domestic Relations District Court Ruth P. Bates, Clerk (for distribution) General District Court Vincent A. Lilley, Judge Theresa A. Childress, Clerk (for distribution) Gerald Holt, Sheriff Paul Mahoney, County Attorney Randy Leach, Commonwealth Attorney Chief Magistrate Kozuo Webb Main Library, Diana Rosapepe Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book John M. Chambliss, Jr., Assistant County Administrator Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, Chief Financial Officer O. Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Rebecca Owens, Director, Finance David Davis, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism William E. Driver Director, Real Estate Valuation F. Kevin Hutchins, Treasurer Nancy Horn, Commissioner of Revenue David Holladay, Senior Planner 10 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 20, 2005 ORDINANCE 122005-12 TO REZONE 774+/- ACRES FROM EP, EXPLORE PARK DISTRICT WITH EXISTING MASTER PLAN AND EXISTING PROFFERED CONDITIONS, TO EP, EXPLORE PARK DISTRICT WITH NEW MASTER PLAN AND NEW PROFFERED CONDITIONS, VINTON MAGISTERIAL DISTRICT, UPON PETITION OF VIRGINIA LIVING HISTORIES, INC. AND THE VIRGINIA RECREATIONAL FACILITIES AUTHORITY WHEREAS, the first reading of this ordinance was held on November 15, 2005, and the second reading and public hearing were held December 20, 2005; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 6, 2005; 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 774 acres, more or less, in the Vinton Magisterial District and as described herein by tax map number, is hereby changed from the zoning classification of EP, Explore Park District with new master plan and existing proffered conditions, to the zoning classification of EP, Explore Park District with new master plan and proffered conditions. 2. That this action is taken upon the application of Virginia Living Histories, Inc. and the Virginia Recreational Facilities Authority. 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 are removed. (1) All prior zoning conditions and proffers associated with Explore Park (2) As shown on the Master Plan prepared by Hayes, Seay, Mattern & Mattern dated November 30, 2005, ("Master Plan"), the primary access for visitors to Explore Park shall continue to be the Roanoke River Parkway. VLH shall work with the Blue Ridge Parkway to determine the specifics of that usage, including road maintenance responsibilities. Except as permitted in proffer#3 below, Rutrough Road shall be used only for construction traffic, commercial deliveries to Explore Park, internal transportation by Explore Park personnel, and for emergency vehicle access. This will not preclude, however, the connection of internal Explore Park roads over and across Rutrough Road, as generally indicated on the Master Plan. Those crossings shall be designed to prevent their use as independent points of public access to Explore Park. Use of Rutrough Road for Explore Park road crossing purposes will require the administrative review and approval of Roanoke County and VDOT. (3) The Mayflower Hills parcels (Roanoke County Tax Map Nos. 80.00-2- 32, 80.00-2-33, 80.00-2-34, and 80.00-2-35) currently use Rutrough Road as their access. Notwithstanding the limitation on the use of Rutrough Road imposed by proffer #2 above, Rutrough Road may be used for general public access to the Mayflower Hills parcels. A portion of the Mayflower Hills parcels currently serves as a neighborhood park pursuant to the terms of a lease agreement. Should VLH's development of the Mayflower Hills parcels diminish the value of the park to the neighbors, which determination shall be made solely by the Roanoke County Board of Supervisors, then, at its expense, VLH shall find an alternate location for the neighborhood park. 2 (4) In an effort to meet the objectives of the Blue Ridge Parkway to protect Parkway viewsheds which could be impacted when the Mayflower Hills parcels and the parcels along Highland Road are developed, VLH agrees that, unless waived by the Blue Ridge Parkway, no structures visible on June 30 of any year (to recognize the impact of seasonality on views) from the center line of the Blue Ridge Parkway between milepost marker 114'/ and 117 shall be constructed on the Mayflower Hills parcels (identified in paragraph 3 above) or the parcels along Highland Road (having Roanoke County tax map parcel numbers 71.03-1-10, 71.03-1-11, 80.00-1-34.2, 80.00-1-34.3 and 80.00-1-35), so long as the Blue Ridge Parkway will permit VLH to landscape on Parkway property to shield views of structures to be constructed on said parcels if a Parkway location provides the most effective means for screening a structure. (5) For improvements visible from the Blue Ridge Parkway, at such points as determined by the Blue Ridge Parkway and VLH, VLH shall comply with Blue Ridge Parkway design standards. (6) All signs visible from a public right of way shall be no higher than 25 feet and shall have a consistent design treatment. This shall not preclude, however, the use of different sign designs in different sections of Explore Park to enhance the theme of the section within which the sign in placed. (7) When Explore Park development adjoins a Residential or Civic land use, or a public street right of way for Rutrough Road, Lemon Lane, Highland Road or Hogan Road, a Type E, Option 1 buffer yard (i.e. 75 feet) with Type E, Option 1 landscaping, or equivalent natural vegetation, shall be provided per Section 30-92 of the 3 Roanoke County Zoning Ordinance, except that, for development adjacent to Tax Map No. 80.00-5-14 (Mayflower Hills Baptist Church), the buffer yard shall be 100 feet. (8) Maximum structure height shall be 45 feet for structures located at the minimum buffer line. The maximum height may be increased 1 foot for each additional 2 feet of buffer yard provided, up to a maximum height of 125 feet. (9) VLH may wish to relocate the Blue Ridge Parkway Visitor Center now located within Explore Park. Any new Visitor Center must consist of a building of comparable size to the current Visitor Center, must be accessible to Blue Ridge Parkway travelers and cannot impose a charge for customary public use. Before the Visitor Center can move from its current location, VLH shall provide Roanoke County and the Blue Ridge Parkway with notice of its desire to relocate the Visitor Center including the proposed new location. Within 90 days of the date it receives notice from VLH of its desire to relocate the Visitor's Center, Roanoke County and the Blue Ridge Parkway shall have the exclusive right to provide an alternate location for the Visitor Center on property contiguous to Explore Park, so long as the parcel is accessible to Blue Ridge Parkway travelers, will be ready for on-site grading and have all necessary governmental approvals to commence construction (except for building plans required to be provided by VLH) within 6 months, and the off-site location has been approved by VRFA. Failure of Roanoke County and the Blue Ridge Parkway to designate an alternate location for a new Visitors Center within the 90 day period set out above will allow VLH to proceed with its plans. Any new Visitors Center must be constructed in its entirety before any demolition of the current Visitor's Center. (10) Utilities providing service to Explore Park shall be underground. 4 (11) VLH agrees to cooperate with Roanoke County so as to allow a future extension of the Greenway system into the non -fee area of the Park on terms acceptable to Roanoke County and VLH. (12) Recognizing that internal Explore Park roads will be private, VLH agrees that such roads shall be designed to allow access by emergency vehicles. 4. That said real estate is more fully described as follows: Tax Map Nos. 71.03-1-15 (18.78 ac.); 71.03-1-10 (24.16 ac.); 71.03-1-11 (3.75 ac.): 80.00-1-35 (21.96 ac.); 80.00-1-34.03 (0.07 ac.); 80.00-1-34.02 (3.83 ac.); 80.00-2- 36 (0.30 ac.); 80.00-2-35 (5 ac.); 80.00-2-32 (8.67 ac.); 80.00-2-33 (23 ac.); 80.00- 2-34 (13.86 ac.); 71.00-1-3 (47.7 ac.); 80.00-5-17 (13.95 ac.); 80.00-5-24 (488.28 ac.); 80.00-5-34 (1.75 ac.); 80.00-5-31 (2.23 ac.); 80.00-5-30 (1 ac.); 80.00-5-32 (2.23 ac.); 80.00-5-26 (10 ac.); 80.00-5-27 (18.12 ac.); 80.00-5-29 (22.66 ac.); 71.00-1-12 (9 ac.); 71.00-1-13 (33.05 ac.) containing approximately 774 acres, more or less. 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 Altizer to adopt the ordinance with revised proffered conditions submitted on 12/20/05, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None A COPY TESTE:I&ZA'& 9 ////,�,, //// ` �C7� A' Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors 5 cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner David Holladay, Senior Planner William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney