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HomeMy WebLinkAbout12/19/2006 - Adopted Board RecordsACTION NO. A-121906-1 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 19, 2006 AGENDA ITEM: Presentation from the U. S. Marine Corps Reserve Unit and the Marine Corps League and appropriation of $8,000 proceeds from the 11th 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: The Marine Corps Mud Run has become one of the Roanoke Valley's signature running and fundraising events. It has now entered it's second decade under the sponsorship of the Marine Corps League and the Marine Corps Reserve Unit, Company B, 4th Combat Engineer Battalion, in cooperation with the Roanoke County Department of Parks, Recreation, and Tourism and many other corporate sponsors. The beneficiaries of this event are the nationally recognized Marine Toys for Tots program and on the local level, Camp Roanoke. This year there were close to 2,000 participants and well over 4,500 spectators. We are proud of our partnership with the Marines and look forward to working with them for years to come. This year's $8,000 contribution brings the total amount contributed over the years to $57,200. These funds will be used for expanding utilities and infrastructure improvements at the camp. The presentation will be made by Claude Slomczewski, Moses Stevens, Thomas Bedwell, and Frank Kristoff from the Marine Corps League. FISCAL IMPACT: The funds will be appropriated to the Camp Roanoke Fee Class Account for improvements at the camp. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the $8,000 contribution from the 11th annual Marine Corps Mud Run to the Camp Roanoke Fee Class Account. VOTE: Supervisor Church motion to approve staff recommendation Motion Approved cc: File Pete Haislip, Director, Parks, Recreation, & Tourism Rebecca Owens, Director, Finance 2 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Pete Haislip, Director, Parks, Recreation, & Tourism Rebecca Owens, Director, Finance 2 ACTION NO. A-121906-2 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 19, 2006 AGENDA ITEM: Request to authorize and execute a performance agreement between the County of Roanoke, the Roanoke County Economic Development Authority (EDA) and Oppidan, Incorporated and to reallocate $1,000,000 from the Public Private Partnership account to a new account for Oppidan SUBMITTED BY: Doug Chittum Director of Economic Development APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Oppidan Investment Company has contracted to purchase approximately 40 acres of land fronting Interstate 1-81 and Plantation Road in North Roanoke County for the purpose of developing a multi site retail development. The development will be anchored by a 58,000 square foot Gander Mountain retail store and a 19,000 square foot Camping World retail store on an adjacent lot. When developed this project will provide significant new tax revenue to Roanoke County, and will be a regional draw for retail shoppers to the Roanoke Valley. The closest Gander Mountain facilities to Roanoke are Greensboro and a recently completed Winchester store. The site is zoned C-2 and is very visible to 1-81; however, it has suffered from inferior access which has hampered its marketability to quality retailers. According to VDOT standards the site currently has inadequate frontage on Plantation Road to accommodate a commercial entrance, therefore prohibiting the type of development that is the highest and best use of the site. As a result, Roanoke County has suggested and encouraged Oppidan to attempt to provide access to the site via a proposed new public road which would align with the existing intersection of Friendship Lane and Plantation Road. VDOT has endorsed this solution to providing adequate commercial access. Oppidan has negotiated an agreement with an adjoining landowner to secure right -of- way thus allowing them the ability to construct the new public road, extend water and sewer service, and construct required storm drainage facilities as well as other applicable public infrastructure improvements. The total estimated cost of this public infrastructure project is estimated to be $3,000,000. The cost of providing access from Plantation Road to the boundary of the new commercial development is $1,000,000. Therefore the developer has requested assistance under the guidelines of the Roanoke County Public Private Partnership Policy to ensure that the project moves forward and that construction can begin on the new development by April 2007. The draft agreement is Attachment A and the major terms of the agreement are as follows: • Oppidan shall construct a 58,000 square foot Gander Mountain retail store and a 19,000 square foot Camping World retail store with a combined cost of $14,000,000 by December 31, 2007. • Oppidan shall construct a new commercial access to VDOT standards from Plantation Road to the project as shown on the "Conceptual Development Plan" (Attachment B) dated September 7, 2006, including but not limited to turn lanes and traffic signalization devices on Plantation Road, storm water management facilities, and water and sewer extensions to be accepted by the Western Virginia Water Authority (WVWA). • Upon completion of the construction of the road improvements, acceptance of the new road into the Commonwealth's public road system, and acceptance of the water and sewer utilities by the WVWA, the Economic Development Authority (EDA) shall make a grant to Oppidan in the amount of $500,000. • Upon issuance of a final certificate of occupancy for the Gander Mountain facility, the EDA shall make an additional grant to Oppidan in the amount of $500,000. FISCAL IMPACT: Funding for the grant shall be made available from the Public Private Partnership account. New tax revenues generated from the development are expected to provide the County with a three and a half year payback on the grant amount. 4 ALTERNATIVES: 1. Authorize the County Administrator to execute a performance agreement between the County, the Roanoke County EDA and Oppidan, and the reallocation of $1,000,000 from the Public Private Partnership account to a new account for Oppidan Public Private Partnership Agreement. 2. Do not authorize the County Administrator to execute a performance agreement between the County, the Roanoke County EDA and Oppidan. Do not authorize the reallocation of $1,000,000 from the Public Private Partnership account to a new account for Oppidan Public Private Partnership Agreement STAFF RECOMMENDATION: Staff recommends Alternative 1, authorizing the County Administrator to execute a performance agreement between the County, the Roanoke County EDA and Oppidan and to authorize the reallocation of $1,000,000 from the Public Private Partnership accountto a new account for Oppidan Public Private Partnership Agreement. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved cc: File Doug Chittum, Director, Economic Development Rebecca Owens, Director, Finance Diane Hyatt, Chief Financial Officer Paul Mahoney, County Attorney Arnold Covey, Director, Community Development 3 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Doug Chittum, Director, Economic Development Rebecca Owens, Director, Finance Diane Hyatt, Chief Financial Officer Paul Mahoney, County Attorney Arnold Covey, Director, Community Development 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 19, 2006 RESOLUTION 121906-3 AUTHORIZING A CONTINUING DISCLOSURE AGREEMENT, DISCLOSURE INFORMATION AND CERTAIN ACTIONS IN CONNECTION WITH A FINANCING BY THE WESTERN VIRGINIA REGIONAL JAIL AUTHORITY The County of Franklin, Virginia, the County of Montgomery, Virginia, the County of Roanoke, Virginia and the City of Salem, Virginia are members of the Western Virginia Regional Jail Authority (the "Authority"). The Authority was created for the purpose of developing and operating a regional jail facility (the "Regional Jail") for the benefit of such member jurisdictions. The Authority plans to finance the development of the Regional Jail through the issuance of its regional jail facility revenue bonds and notes in an aggregate principal amount not to exceed $127,000,000 (the "2007 Obligations"). To assist with the sale of the 2007 Obligations to one or more underwriters or other financial institutions, the Authority has asked the County of Roanoke, Virginia (the "Member Jurisdiction") to enter into a Continuing Disclosure Agreement to be dated on or before the date of the issuance of the 2007 Obligations (the "Disclosure Agreement"). Further, as a member of the Authority, the Member Jurisdiction will be asked to provide certain information, including its audited financial statements, to the Authority for inclusion in an Appendix (the "Appendix") to the offering document to be circulated to investors in connection with the offering and issuance of the 2007 Obligations (the "Preliminary Official Statement"). The forms of the Disclosure Agreement and the Appendix have been made available to the members of the Member Jurisdiction's Board of Supervisors (the "Governing Body") prior to this meeting and have been filed with the Governing Body's records. After careful consideration and in furtherance of the public purposes for which the Authority was created and the Regional Jail is being developed, NOW, THEREFORE, BE IT RESOLVED, THAT: 1. Authorization of Disclosure Agreement. The Disclosure Agreement is hereby approved in substantially the form made available to the members of the Governing Body prior to this meeting, with such changes, insertions, omissions or amendments (including, without limitation, changes of the dates thereof and therein) as may be approved by the Chairman of the Governing Body or the County Administrator. The approval of any such changes, insertions, omissions and amendments shall be evidenced conclusively by the execution and delivery of the Disclosure Agreement. The performance of the Member Jurisdiction's obligations under the Disclosure Agreement is authorized and directed. 2. Execution and Delivery of Disclosure Agreement. The Chairman of the Governing Body or the County Administrator, either of whom may act, are each authorized and directed to execute the Disclosure Agreement on behalf of the Member Jurisdiction and to deliver it to the Authority. 3. Authorization of Information for Preliminary Official Statement and Official Statement. The Chairman of the Governing Body or the County Administrator are each authorized and directed to work with the Authority to provide information with respect to the Member Jurisdiction, including its audited financial statements, that will be appropriate for inclusion in the Preliminary Official Statement, in substantially the form provided in the Appendix. The Chairman of the Governing Body or the County Administrator are each authorized and directed to provide such information with respect to the Member Jurisdiction, including its audited financial statements, for inclusion in the final Official Statement with respect to the 2007 Obligations, which information will be substantially similar to the information in the Preliminary Official Statement, with revisions necessary since the date of the Preliminary Official Statement as may be necessary or appropriate to incorporate therein. The underwriters for the 2007 Obligations are authorized to include the information provided by the Member Jurisdiction in accordance with this Resolution, including the Member Jurisdiction's Appendix and audited financial statements, in the Preliminary Official Statement and Official Statement distributed in connection with the offering and issuance of the 2007 Obligations. 4. Authorization of Further Acts and Documentation. The members of the Governing Body and the staff of the Member Jurisdiction are authorized and directed to execute and deliver on behalf of the Member Jurisdiction such other instruments, documents or certificates, and to do and perform such other things and acts, as any of them shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Disclosure Agreement or such instruments, documents or certificates. All such actions previously taken are hereby ratified, approved and confirmed. 5. Effective Date. This Resolution shall take effect immediately upon its adoption. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTE: 6U" �] - &J-4t— Brenda J. Holton, CMC Deputy Clerk Cc File Diane D. Hyatt, Chief Financial Officer Paul M. Mahoney, County Attorney Gerald Holt, Roanoke County Sheriff, Chair, WVRJA Jim H. Guynn, Jr., Counsel to the Authority CERTIFICATE I, the undersigned Deputy Clerk of the Board of Supervisors of the County of Roanoke, Virginia (the "Governing Body") hereby certify (1) that the foregoing constitutes a true, correct and complete copy of a Resolution adopted by the Governing Body at a meeting duly called and held on December 19, 2006, with the members of the Governing Body present and absent and voting on the Resolution as set forth below; and (2) that the foregoing Resolution has not been repealed, revoked, rescinded or amended. NAME Michael A. Wray, Chairman Joseph P. McNamara, Vice Chairman Michael W. Altizer Joseph B. Church Richard C. Flora ATTENDANCE VOTE PRESENT ABSENT AYE NAY X X X X X X X X X X WITNESS my hand and the seal of the County of Roanoke, Virginia this 19' Day of December, 2006. 8u � Brenda J. Hoffon, CMC Deputy Clerk Board of Supervisors County of Roanoke, Virginia (SEAL) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 19. 2006 RESOLUTION 121906-4 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 19, 2006, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6, inclusive, as follows: 1. Approval of minutes — December 5, 2006 2. Confirmation of committee appointments 3. Request from the Fire and Rescue Department to accept and appropriate the amount of $4,500 from Lewis Gale Hospital for the Cardiac 12 -Lead ECG program 4. Request to reallocate $118,000 from the Mountain View Road project to a new account for road improvement projects 5. Request to accept and appropriate a local government challenge grant in the amount of $5,000 from the Virginia Commission for the Arts 6. Request to accept the donation of approximately 3,182 square feet, to construct, operate, maintain, inspect and repair or replace a drainage system and related improvements including slope(s) across property of Robert Erickson, Betty Brown and James Minnix, Trustees of Colonial Avenue Baptist Church, Cave Spring Magisterial District 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. /" On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTE: &u '�)• 66i�- Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: File Rick Burch, Chief, Fire & Rescue Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning Rebecca Owens, Director, Finance Brent Robertson, Director, Management & Budget 2 ACTION NO. A -121906-4.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: December 19, 2006 AGENDA ITEM: Confirmation of committee appointments 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. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) The four-year term of Richard L. Williams expired on October 24, 2006; the four-year term of Wilmore T. Leffell expired on December 12, 2006. Mr. Williams has advised that he does not wish to serve an additional term. Larry W. Degen, alternate member, has advised that he is willing to serve as a full member of this board. Mr. Leffell has advised that he is willing to serve an additional four-year term that will expire on December 12, 2010. It was the consensus of the Board to add confirmation of these appointments to the consent agenda. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Building Code Board of Adjustments & Appeals (Fire Code Board of Appeals) File 2 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Building Code Board of Adjustments & Appeals (Fire Code Board of Appeals) File 2 ACTION NO. A-121906-4. ITEM NO. J-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 19, 2006 AGENDA ITEM: Request from the Fire and Rescue Department to accept and appropriate the amount of $4,500 from Lewis Gale Hospital for the Cardiac 12 -Lead ECG program SUBMITTED BY: Richard E. Burch, Jr. Fire and Rescue Chief APPROVED BY: Elmer C. Hodge, Jr. County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Lewis Gale Hospital Accredited Cardiac Center has awarded the Fire and Rescue Department a one-time $4,500.00 to help start a Cardiac 12 -lead monitoring pilot program. These funds will be utilized by Fire and Rescue for a portion of the start-up cost to initiate this new life saving pre -hospital procedure. FISCAL IMPACT: The Fire and Rescue Department has already purchased two (2) 12 -Lead Monitors to initiate this program. ALTERNATIVES: The Fire and Rescue department will have to bear the entire cost of initiating this pilot program. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of the funds in the amount of $4,500 into the Fire and Rescue Department's budget line item 487100-6040. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Rick Burch, Chief, Fire & Rescue Rebecca Owens, Director, Finance Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Rick Burch, Chief, Fire & Rescue Rebecca Owens, Director, Finance ACTION NO. A -121906-4.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: December 19, 2006 AGENDA ITEM: Request approval to reallocate $118,000 from Mountain View Road project to a new account for road improvement projects SUBMITTED BY: Tarek Moneir Deputy Director of Development Services APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On May 27, 2003, the Board of Supervisors approved resolution R-052703-3 in support of the Virginia Department of Transportation Secondary Road Project 0651-080-305, C501 Mountain View Road (Rte 651) and appropriated $118,000 towards the design and construction of a designated bike lane (50% of VDOT's estimated cost - $236,000). Prior to March 2004, VDOT's policy on constructing bike lanes as part of a road project required the locality to pay 50% of the construction cost. Since March 2004, VDOT's policy has changed allowing the construction cost of bike lanes to be absorbed as part of secondary construction funds. This leaves $118,000 of the County capital appropriation funds available for other projects within the County. Staff is now requesting that the Board reallocate County Minor Capital Improvements account 102485 entitled "Mountain View Road" to County Minor Capitol Improvements account for road projects. On a request of the Board last year, staff was ask to review the top 10 of our list of 22 rural addition (which contains roads throughout all the magisterial districts) projects and determine which projects involve little or no speculative interest. At the time of such request, the Board did not appropriate any additional funds to facilitate expenditures of preliminary engineering design and preparation of constructions plans. Staff is moving forward with this request and would ask that this Minor Capitol Improvement account be reallocated in order to facilitate the evaluation review process. By approving this request, these funds can be used to cover the costs associated with this preliminary engineering review and preparation of the construction plans for those projects which can be expedited. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends reallocating $118,000 from the Mountain View Road project to a new account for road improvements in the County Minor Capital Fund. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Tarek Moneir, Deputy Director, Development Arnold Covey, Director, Community Development Philip Thompson, Deputy Director, Planning Rebecca Owens, Director, Finance E Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Tarek Moneir, Deputy Director, Development Arnold Covey, Director, Community Development Philip Thompson, Deputy Director, Planning Rebecca Owens, Director, Finance E ACTION NO. A -121906-4.d ITEM NO. J-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 19, 2006 AGENDA ITEM: Request to accept and appropriate a Local Government Challenge Grant in the amount of $5,000 from the Virginia Commission for the Arts. SUBMITTED BY: W. Brent Robertson Director of Management and Budget APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County applied for a Local Government Challenge Grant from the Virginia Commission for the Arts. The Commission will match up to $5,000, (if full funding is approved) any donation the County makes to qualified art organizations in the valley. In the FY2006-07 budget, the Board of Supervisors approved an appropriation of $2,700 for the Arts Council of the Blue Ridge; $1,900 for the Harrison Museum of African American Culture; $6,400 for Mill Mountain Theatre; and $6,400 for the Roanoke Symphony Orchestra. Staff, therefore, applied for the maximum grant allocation of $5,000. Roanoke County was awarded $5,000 for FY2006-07. FISCAL IMPACT: Staff recommends dividing the $5,000 grant evenly between the Arts Council of the Blue Ridge, the Harrison Museum of African American Culture, Mill Mountain Theatre, and the Roanoke Symphony Orchestra. Combined with the County's appropriation, the following amounts would be available to the organizations referred to above: ALTERNATIVES: There are no alternatives to this agenda item. STAFF RECOMMENDATION: Staff recommends acceptance of the Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $5,000 to be distributed as indicated above. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved County VCA Absent Organization Appropriation Grant Total Arts Council $ 2,700 $1,250 $ 3,950 Harrison Museum 1,900 1,250 3,150 Mill Mountain Theatre 6,400 1,250 7,650 Roanoke Symphony 6.400 1,250 7,650 $17,400 5 000 22 400 ALTERNATIVES: There are no alternatives to this agenda item. STAFF RECOMMENDATION: Staff recommends acceptance of the Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $5,000 to be distributed as indicated above. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Brent Robertson, Director, Management and Budget Rebecca Owens, Director, Finance 2 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ rm-r.Wray ® ❑ ❑ cc: File Brent Robertson, Director, Management and Budget Rebecca Owens, Director, Finance 2 ACTION NO. A -121906-4.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: December 19, 2006 AGENDA ITEM: Request to accept the donation of approximately 3,182 square feet, to construct, operate, maintain, inspect and repair or replace a drainage system and related improvements including slope(s) across property of Robert Erickson, Betty Brown and James Minnix, Trustees of Colonial Avenue Baptist Church, Tax Map No. 77.18-4-29, in the Cave Spring Magisterial District SUBMITTED BY: Arnold Covey Director of Community Development APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves acceptance of the following easement conveyed to the Board of Supervisors of Roanoke County for approximately 3,182 square feet. in the Cave Spring Magisterial District: A perpetual RIGHT and EASEMENT, of approximately 3,182 square feet, to construct, operate, maintain, inspect and repair or replace a drainage system and related improvements including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, and across a tract or parcel of land belonging to the Grantor, acquired by deed dated March 11, 1999, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1613, page 1028, and designated on the Roanoke County Land Records as Tax Map No. 77.18-4-29 (the "Property"). The location of said easement is more particularly described as that traversing Lot 2A on the plat entitled "Easement Plat for Roanoke County Showing a New 15' Public Drainage Easement Across Lots 2A, 9, 10, 11 and 12 Block 1, Section 1, Castle Hill Development, Cave Spring Magisterial District Roanoke County, Virginia" by Parker Design Group, dated February 23, 2006 and recorded in the Clerk's Office, Roanoke County Circuit Court in Plat Book #0, Page 72, and by this reference made a part hereof (the "Plat"). The location and dimensions of this easement have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of this easement. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved cc: File Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Altizer ® ❑ ❑ Mr. Flora ® ❑ ❑ Mr. Wray ® ❑ ❑ cc: File Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 19, 2006 RESOLUTION 121906-6 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTE: 6�t-A'- Brenda J. Holton, CMC Deputy Clerk cc: File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 19, 2006 RESOLUTION 121906-6 REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO RESTRICT THROUGH TRUCK TRAFFIC ON CLEARBROOK LANE (ROUTE 674), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the Board of Supervisors has studied the possibility of placing a through truck restriction on Clearbrook Lane (Route 674), and WHEREAS, the through truck traffic restriction is proposed for Clearbrook Lane (Route 674) beginning at the intersection of Franklin Road (Route 220) traveling northwest on Clearbrook Lane (Route 674) and ending at the intersection of Clearbrook Village Lane (Route 675) with the termini to termini distance equaling approximately 0.48 mile, and WHEREAS, the alternate route proposed is Franklin Road (Route 220) beginning at the intersection of Clearbrook Lane (Route 674) traveling northwest on Franklin Road to Clearbrook Village Lane (Route 675), then traveling northeast on Clearbrook Village Lane (Route 675) and ending at the intersection of Clearbrook Lane (Route 674) with the termini to termini distance equaling approximately 0.58 mile, and WHEREAS, the alternate route has been found to be reasonable, and WHEREAS, a public hearing has been held according to Section 46.2-809 of the Code of Virginia, 1950, as amended. NOW, THEREFORE BE IT RESOLVED, that the Roanoke County Board of Supervisors requests the Virginia Department of Transportation to restrict through truck traffic on Clearbrook Lane (Route 674) beginning at the intersection of Franklin Road (Route 220) traveling northwest on Clearbrook Lane (Route 674) and ending at the intersection of Clearbrook Village Lane (Route 675) with the termini to termini distance equaling approximately 0.48 mile. BE IT FURTHER RESOLVED that the County will use its offices for enforcement of the proposed restriction by the Roanoke County. On motion of Supervisor Wray to adopt the amended resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTE: &aJ4, Q - 4�_W� Brenda J. Hol on, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning Paul Mahoney, County Attorney hereby certify that the foregoing is a true and correct copy of Resolution 121906-6 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, December 19, 2006. Brenda J. Holton, Deputy Clerk 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 19, 2006 ORDINANCE 121906-7 TO REZONE 1.67 ACRES FROM C-1, OFFICE DISTRICT, TO C-2, GENERAL COMMERCIAL DISTRICT WITH CONDITIONS (TAX MAP NO. 27.13-5-1), TO REZONE 0.68 ACRE FROM R-3, MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL DISTRICT TO C-1, OFFICE DISTRICT (TAX MAP NO. 27.13-5-2), AND TO OBTAIN A SPECIAL USE PERMIT FOR A DRIVE-THRU RESTAURANT LOCATED AT 6065 PETERS CREEK ROAD HOLLINS MAGISTERIAL DISTRICT UPON THE APPLICATION OF LEXINGTON FALLS, LLC WHEREAS, the first reading of this ordinance was held on November 14, 2006, and the second reading and public hearing were held December 19, 2006; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 5, 2006; 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 1.67 acres located at 6065 Peters Creek Road (Tax Map Parcel Number 27.13-5-1) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-1, Office District to the zoning classification of C-2, General Commercial District with conditions; and that the zoning classification of a certain tract of real estate containing 0.68 acre located in the 6100 block of Burlington Road (Tax Map Parcel Number 27.13-5-2) in the Hollins Magisterial District, is hereby changed from the zoning classification of R-3 Medium Density Multi -Family Residential District to the zoning classification of C-1, Office District. 2. That the Board finds that the granting of a special use permit to Lexington Falls, LLC to construct a drive-thru restaurant to be located at 6065 Peters Creek Road (Tax Map Parcel Number 27.13-5-1) in the Hollins Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: 1) A monument -style sign shall be constructed measuring no greater than 5-feettall and 7 -feet wide. The sign face shall be surrounded by brick to match the building and shall include architectural features such as a pre -cast concrete cap and base. 2) Signage placed on the building shall occupy less than 5 percent of the building fagade area. 3) Off -premises signs shall be prohibited. 4) The building shall be constructed in a style substantially conforming to Exhibit B, an accepted proffered exterior from the approved November 2005 Seaside Heights, LLC rezoning and special use permit for a Bojangles drive-in restaurant (case numbers 32-12/2004 and 33-12/2004), except that from grade to eave, all walls shall be constructed with at least two colors of red or brown brick instead of white brick. 5) Additional landscaping shall be provided. In particular, the dumpster enclosure shall be screened by tree and shrub plantings, additional trees shall be planted in the parking lot, a perimeter planting bed shall be designed in front of the parking spaces facing Peters Creek Road, additional landscaping shall be planted around the picnic area to further delineate it as a site feature, and all plants used shall conform to the Plant Palette listed in the Williamson Road Hollins Village Design Guidelines. 6) Light poles shall be black, gray, or grayish -brown. Light fixtures shall be directed downward and inward into the site, shall be no taller than 15 feet in height, and shall not be cobra -head or shoebox-style fixtures. 7) Decorative building lighting shall be used and fixtures shall be recessed wherever possible. 2 8) The picnic area shall be moved northward away from the dumpster. A crosswalk shall be constructed to lead customers from the nearest building entrance across the parking lot and an identifiable path shall continue from the parking lot to the picnic area. 9) The sides and rear of the dumpster enclosure shall be brick construction to match the building. 3. That this action is taken upon the application of Lexington Falls, LLC. 4. That the owner of the property has voluntarily proffered in writing the following conditions applicable to Tax Map Parcel Number 27.13-5-1, which the Board of Supervisors of Roanoke County, Virginia, hereby accepts - 1 ) ccepts: 1) The developer hereby proffers general conformance with the "Bojangles Restaurant — Concept Masterplan", prepared by Balzer and Associates, Inc. dated October 27, 2006, revised November 15, 2006, and last revised November 27, 2006, submitted with rezoning and special use permit application 31-12/2006 with no deviation from the shared entrance with the property to the north as shown. 5. That said real estate is more fully described as follows: Parcel 1 - 1.67 acres located at 6065 Peters Creek Road (Tax Map Parcel Number 27.13-5-1) from C-1 to C-2 Parcel 2 - 0.68 acre located in the 6100 block of Burlington Road (Tax Map Parcel Number 27.13-5-2) from R-3 to C-1 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: 3 AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTE: 6194-t-4 q, - Brenda J. Ho on, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorny 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 19, 2006 ORDINANCE 121906-8 TO ACCEPT THE CONVEYANCE OF APPROXIMATELY 0.35 ACRES OF REAL ESTATE (TAX MAP NO. 86.08-4-14) LOCATED AT 4808 PLEASANT HILL DRIVE, WINDSOR HILLS MAGISTERIAL DISTRICT, FROM THE ROANOKE COUNTY SCHOOL BOARD TO THE BOARD OF SUPERVISORS WHEREAS, the County School Board of Roanoke County has determined that it has no further use for approximately 0.35 acres of unimproved real estate it owns in the Windsor Hills Magisterial District and located at 4808 Pleasant Hill Drive and being all of Tax Map No. 86.08-4-14; and WHEREAS, at their meeting on October 25, 2006, the County School Board declared the above-mentioned 0.35 acre parcel of real estate to be surplus property, thus allowing the Board of Supervisors to obtain ownership of the property upon approval of this ordinance and recordation of a deed; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance will be held on November 14, 2006, and the second reading will be held on December 19, 2006. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the conveyance of a parcel of real estate containing approximately 0.35 acres and located at 4808 Pleasant Hill Drive (Tax Map No. 86.08-4-14) from the County School Board of Roanoke County to the Board of Supervisors, is hereby accepted, authorized, and approved. 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTE: Brenda J. H Iton, CMC Deputy Clerk to the Board of Supervisors cc: File Paul Mahoney, County Attorney Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance William Driver, Director, Real Estate Valuation 2 ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 19, 2006 ORDINANCE 121906-9 ACCEPTING A BID FOR AND AUTHORIZING THE SALE OF APPROXIMATELY 0.35 ACRES OF REAL ESTATE (TAX MAP NO. 86.08-4-14) LOCATED AT 4808 PLEASANT HILLS DRIVE, WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, at their meeting on October 25, 2006, the County School Board declared a 0.35 acre parcel of real estate to be surplus property, thus allowing the Board of Supervisors to obtain ownership of the property upon approval of an ordinance and recordation of a deed; and WHEREAS, on December 19, 2006, the Board of Supervisors adopted an ordinance accepting the conveyance of this property from the Roanoke County School Board; and WHEREAS, the Board of Supervisors of Roanoke County has determined that it has no use for this parcel of unimproved real estate in the Windsor Hills Magisterial District and located at 4808 Pleasant Hill Drive and being all of Tax Map No. 86.08-4-14 and has declared said parcel surplus and available for sale to the public; and WHEREAS, in accordance with County policy regarding the availability of this property for purchase (i) a notice has been mailed to the adjoining property owners on Pleasant Hills Drive; (ii) a legal ad has been placed in the newspaper requesting bids for the purchase of this property; (iii) a public hearing to formally accept a bid for the purchase of this property has been placed on the Board's agenda for December 19, 2006; and (iv) placed a for sale sign on the property; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance will be held on November 14, 2006, and the second reading and public hearing will be held on December 19, 2006. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the bid of A. Ray Sowder t/a ERS Builders, Inc. and Roy Lochner t/a RVR&A, Inc. in the amount of $41,550 for the purchase of approximately 0.35 acres of real estate located at 4808 Pleasant Hills Drive (Tax Map No. 86.08-4-14) is hereby accepted and sale of this property is hereby authorized. 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTE: Brenda J. Hol on, CMC Deputy Clerk to the Board of Supervisors cc: File Paul Mahoney, County Attorney Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance William Driver, Director, Real Estate Valuation 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 19, 2006 ORDINANCE 121906-10 AUTHORIZING THE RELOCATION OF A 15' ACCESS EASEMENT LOCATED UPON PORTIONS OF HUNTRIDGE GROVE SUBDIVISION, SECTION NO. 1, AND CROSSING STAYMAN DRIVE AS SHOWN ON THE PLAT OF PROPERTY OF F & W COMMUNITY DEVELOPMENT CORPORATION RECORDED IN PLAT BOOK 18, PAGE 99, LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, a 15 foot access easement for purposes of a stormwater management area was dedicated to the County of Roanoke by a plat for subdivision of property of F & W Community Development Corporation, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 18, page 99; and, WHEREAS, the said 15 foot access easement for purposes of a stormwater management area is shown as crossing various lots of Huntridge Grove, Section No. 1, subdivision and underlying Stayman Drive, a public street proposed for acceptance into the Virginia Secondary Road System, all as shown on "Plat Showing Section No. 1, 'HUNTRIDGE GROVE', Property of Fralin and Waldron, Inc., Being the Resubdivision of Tract "A" (P.B. 25, PG. 87) Situated Along Huntridge Road, Hollins Magisterial District, Roanoke County Virginia", dated October 9, 2002, prepared by Lumsden Associates; and, WHEREAS, in consultation with the Roanoke County Department of Community Development, F & W Community Development Corporation has agreed to the relocation of said 15 foot access easement upon its adjoining property, which proposed new easement location is acceptable to the County's engineers; and, WHEREAS, the Virginia Department of Transportation (VDOT) has requested that this easement relocation be accomplished by formal action of the Roanoke County Board of Supervisors in accordance with Section 15.2-2272 (2), Code of Virginia, 1950, as amended, in order to permanently vacate that portion of the easement underlying Stayman Drive so as to permit the proper acceptance of Stayman Drive into the State Secondary Road System, and, WHEREAS, this formal Board action of vacation will serve to remove potential title question affecting several property owners in Huntridge Grove subdivision, Section No. 1; and WHEREAS, the developer, as the Petitioner, has requested that, pursuant to §15.2-2272 of the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia, vacate the existing 15 foot access easement dedicated in Plat Book 18, Page 99, and relocate said easement as now shown on the attached Exhibits "A" & "B'; and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have recommended this easement relocation and formal vacation; and, WHEREAS, notice has been given as required by §15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on November 14, 2006, and the second reading and public hearing was held on December 19, 2006. 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 E reading of this ordinance was held on November 14, 2006, and a second reading and public hearing of this ordinance was held on December 19, 2006. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate, a 15 foot access easement, is hereby declared to be surplus and the nature of the interests in real estate renders them unavailable for other public use. 3. That the 15 foot access easement, being designated and shown as "EX 15' ACCESS EASEMENT (PB.18, PG.99) (TO BE VACATED)" on Exhibit "A" attached hereto, and having been dedicated on the subdivision plat for F & W COMMUNITY DEVELOPMENT CORPORATION and recorded in the aforesaid Clerk's Office in Plat Book 18, page 99, in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to §15.2-2272 of the Code of Virginia, 1950, as amended. 4. That a new 15 foot access easement substantially in accordance with the location as shown on "Plat Showing Zero Lot Line Subdivision 'KESWICK COURT', Property of FRALIN & WALDRON, INC., Being the Resubdivision of ROANOKE COUNTY TAX # 39.02-04-27.05, Situated Along Huntridge Road, Hollins Magisterial District, Roanoke County, Virginia", shall be dedicated to the County of Roanoke, Virginia, upon the approval and recording of said subdivision plat in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia. 5. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners. 6. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to 3 accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 7. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with §15.2-2272 of the Code of Virginia (1950, as amended). On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None A COPY TESTE: /&" a. &A4:� -- Brenda J. 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