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HomeMy WebLinkAbout2/8/2011 - RegularRoanoke County Board of Supervisors Agenda February 8, 2011 Good afternoon and welcome to our meeting for February 8, 2011. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Our meetings are now closed- captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772 -2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Administrative Pastor, Veronica Venable Harvest Ministries 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of congratulations to the Hidden Valley High School girls cross country team for winning the Virginia High School League (VHSL) Group AA State Competition D. BRIEFINGS 1. Annual report from the Roanoke Regional Partnership (Beth Doughty, Executive Director) Page 1 of 4 2. Briefing on Status of Glenvar Library Project (Daniel R. O'Donnell, Assistant County Administrator; Diana L. Rosapepe, Director of Library Services) E. NEW BUSINESS 1. Resolutions approving and adopting the recommendation of the Roanoke County Bonding Committee to proceed to call the letters of credits and declaring the developer of Old Mill Plantation Subdivision, "Section I" and "Section II" is in default and to authorize officials of Roanoke County to exercise its rights under the developer's Land Subdivider; and Erosion and Sediment Control Agreements and the accompanying Bonds, Winsor Hill Magisterial District (Tarek Moneir, Deputy Director of Development Services) F. FIRST READING OF ORDINANCES 1. Ordinance to amend the Roanoke County Zoning Ordinance providing for Small Wind Energy Systems (Philip Thompson, Deputy Director of Planning) G. APPOINTMENTS 1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) 2. Capital Improvement Program (CIP) Review Committee (appointed by District) 3. Parks, Recreation and Tourism Commission (appointed by District) 4. Roanoke County Community Leaders Environmental Action Roundtable (RC CLEAR) (appointed by District) H. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes — January 25, 2011 2. Request to accept and appropriate funds in the amount of $15,500 of contributions from Cave Spring Volunteer Fire Company and Mount Pleasant Volunteer Fire Company to share in funding generators for two new apparatus being purchased through our truck loan agreement Page 2 of 4 3. Request to accept and appropriate funds in the amount of $9,645 for a Virginia Office of Emergency Medical Services matching grant for the purchase of extrication equipment 4. Request to accept and appropriate funds in the amount of $55,416.61 to the Roanoke County Public Schools 5. Request to accept and appropriate funds in the amount of $7,500 to the Library 6. Request to accept and appropriate funds in the amount of $28,634 under the fiscal year 2010 State Homeland Security Program Grant No: 11- A2313HS10 7. Donation of a variable width storm drainage easement on the property of Benjamin E. Johnson at the Intersection of Castle Rock Road and Farmington Drive (Tax Map Nos. 076.15 -02- 02.00), Windsor Hills Magisterial District I. REQUESTS FOR WORK SESSIONS J. REQUESTS FOR PUBLIC HEARINGS K. CITIZENS' COMMENTS AND COMMUNICATIONS L. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency M. WORK SESSIONS 1. Work session to discuss fiscal year 2011 -2012 budget development (Brent Robertson, Director of Management and Budget; Diane D. Hyatt, Assistant County Administrator; Rebecca Owens, Director of Finance) a. Mid -year expenditures at 12/31/10 (operating departments) b. Updated revenue projections for fiscal year 2011 and 2012 c. Preliminary review of fiscal year 2011 -2012 d. Virginia Retirement System (VRS) update e. Health insurance reserves Page 3of4 N. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2.3711.A.1.Personnel, namely discussion concerning appointments to the Economic Development Authority and Roanoke Regional Airport Commission EVENING SESSION — 7:00 P.M. O. CERTIFICATION RESOLUTION P. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of Jatin Patel to obtain a Special Use Permit in a C -2, General Commercial, District for the purpose of operating a convenience store and fast food restaurant on 0.844 acre, located in the 8000 block of Plantation Road, Hollins Magisterial District 2. The petition of Fountain Head Land Company, LLC, to amend the Planned Residential Development Master Plan to decrease the maximum number of cottages, to decrease the maximum number of bedrooms in the clubhouse, to increase the maximum number of residential lots to 110, and to reduce the minimum lot size and road frontage for residential lots south of Pitzer Road, and to amend a proffered condition dealing with an at -grade golf cart crossing on Pitzer Road for Fountain Head Golf Resort (Ballyhack) which measures approximately 375 acres, Vinton Magisterial District Q. CITIZENS' COMMENTS AND COMMUNICATIONS R. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Eddie "Ed" Elswick 2. Charlotte A. Moore 3. Michael W. Altizer 4. Richard C. Flora 5. Joseph B. "Butch" Church S. ADJOURNMENT Page 4 of 4 ACTION NO. ITEM NO. C -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMirrED BY: APPROVED BY: February 8, 2011 Resolution of congratulations to the Hidden Valley High School girls cross country team for winning the Virginia High School League (VHSL) Group AA State Competition Deborah C. Jacks Clerk to the Board B. Clayton Goodman III &j2( County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Hidden Valley High School girls cross country team won the VHSL Group AA State Championship on November 13, 2010. Along with the players and their families, Coach Don King and Principal Rhonda Stegall will attend the meeting. Representatives from Roanoke County Schools have also been invited to attend. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 8, 2011 RESOLUTION OF CONGRATULATIONS TO THE HIDDEN VALLEY HIGH SCHOOL GIRLS CROSS COUNTRY TEAM FOR WINNING THE VIRGINIA HIGH SCHOOL LEAGUE (VHSL) GROUP AA STATE CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the Hidden Valley High School girls cross country team won their second consecutive Virginia High School League (VHSL) Group AA State Championship on November 13, 2010, at the Great Meadows State Course in The Plains, Virginia defeating Blacksburg by 28 points; and WHEREAS, the Hidden Valley High School girls cross country team earned their trip to the State championship by winning the Region IV Championship for the fourth straight time; and WHEREAS, Annie LeHardy won the individual title in a course record tying time of 17:34 and was named Girls Runner of the year; Carolyn Bethel was selected First Team All State and Timesland; Haley Cutright was selected First Team All State and Timesland and Ashleigh Torres was selected Second Team All Timesland; and WHEREAS, the Titans finished third in Nike Cross Southeast Region Championships at WakeMed Park in Cary, North Carolina; and WHEREAS, the Hidden Valley Titans girls cross country team is under the dedicated leadership of Coach Dan King, who was named Girls Cross Country Coach of the Year. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the Page 1 of 2 HIDDEN VALLEY HIGH SCHOOL GIRLS CROSS COUNTRY TEAM: Carolyn Bethel, Elizabeth Camilletti, Haley Cutright, Annie LeHardy, Anna Shvygin, Ashleigh Torres, Greta Weidner, for an outstanding performance, their athletic ability, their team spirit and their commitment to each other; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. Page of ACTION NO. ITEM NO. D -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DA'rE: February 8, 2011 AGENDA ITEM: Annual report from the Roanoke Regional Partnership (Beth Doughty, Executive Director) SUBMITTED BY: Deborah C. Jacks Clerk to the Board of Supervisors APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMAI`ION: This time has been set aside for Beth Doughty, Executive Director of the Roanoke Regional Partnership, to provide the partnership's annual report to the Board. ACTION NO. ITEM NO. D -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DA7rE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: February 8, 2011 Briefing on Status of Glenvar Library Project Daniel R. O'Donnell Assistant County Administrator B. Clayton Goodman III BCG— County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The contract for architectural and engineering services for the Glenvar Library project has been executed and we are now ready to begin the actual design process. The firm of Holzeimer, Bolek and Meehan has been chosen from among 19 proposals submitted after a very competitive selection process and thorough contract negotiation phase. The first community meeting for public input will be held on the evening of February 16, 2011. At the briefing Director of Library Services, Diana L. Rosapepe and Assistant County Administrator, Daniel R. O'Donnell will provide more specific information on the design process and future opportunities for additional public input to the Board and the public. ACTION NO. 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: AGENDA ITEM: SUBMITTED BY: APPROVED BY: February 8, 2011 Resolutions approving and adopting the recommendation of the Roanoke County Bonding Committee to proceed to call the letters of credits and declaring the developer of Old Mill Plantation Subdivision, "Section I" and "Section II" is in default and to authorize officials of Roanoke County to exercise its rights under the developer's Land Subdivider; and Erosion and Sediment Control Agreements and the accompanying Bonds, Winsor Hill Magisterial District Tarek Moneir Deputy Director of Development Services B. Clayton Goodman III gcQr County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On January 25, 2011, the Board held two public hearings as requested by the Bonding Committee regarding Old Mill Plantation for section I and Section 11. Following the hearings, the staff asked the beard to postpone the decision on calling the bonds hoping to finalize agreements with Valley Bank to assume the ownership of the development. Staff anticipated no more than few days to finalize all negotiations with the bank. Copies of the Board Reports from the January 25, 2011, meeting are attached. As of the time of drafting this recommendation, the agreements have not been signed. Therefore, the staff recommends that the board proceed with the recommendations presented by staff in the attached resolutions. RECOMMENDATION: Staff recommends that the Board approve the recommendations outlined in the attached reports dated January 25, 2011, adopt the attached resolutions and declare the developer of Old Mill Plantation in default. ACTION NO. ITEM NO. Q -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: January 25, 2010 Resolution approving and adopting the recommendation of the Roanoke County Bonding Committee to declare the developer of Old Mill Plantation Subdivision, Section I is in default and to authorize officials of Roanoke County to exercise its rights under the developer's Land Subdivider; and the Erosion and Sediment Control Agreements and the accompanying Bonds, Windsor Hills Magisterial District Tarek Moneir Deputy Director of Development Services B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: An Erosion and Sediment Control Agreement dated August 10, 2004, was executed for Old Mill Plantation and the developer submitted an Irrevocable Standby Letter of Credit as surety for this development signed by Valley Bank of Virginia of $74,545.00. On September 5, 2005, Community Development approved subdivision plans for Vaughn & Jackson LLC (Developer), a Virginia corporation to develop Old Mill Plantation Section I in Roanoke County. The developer signed a Land Subdivider's Agreement with the County (dated December 9, 2005), and was granted approval to subdivide the land, and to record a Plat of a subdivision to be known as Old Mill Plantation (Section 0. An Irrevocable Standby Letter of Credit of $1,327,230.00 was provided by Valley Bank of Virginia for the said development. The Developer agreed that measures for 'the control of siltation, erosion and all improvements to the land within the said subdivision would be properly and satisfactorily Page 1 of 2 provided, installed and completed as provided for on the approved plans. The Developer proceeded with the development as approved. Some improvements have taken place, but the subdivision remains incomplete with several outstanding erosion and sediment control (E & SC) measures to be corrected. The staffs con -, ipleted the assessment of the remaining outstanding items and believe that the remaining bonded amounts would cover expenses associated to complete development. On February 20, 2007 and November 26, 2007, Community Development staff also approved two consecutive partial releases of the Erosion and Sediment Control surety with the County of Roanoke retaining $17,911.50. On February 20, 2007 and December 20, 2007, Community Development staff approved two consecutive partial releases of the Land Subdivider surety for the completion of portion of the physical improvements with the Coi ..inty of Roanoke retaining $390,877.58. A Notice of Trustees' Sale appeared in the local newspaper scheduled for December 23, 2010, for thirty -six (36) parcels of said subdivision. The Community Development Staff presented these facts to the Bonding Committee at its December 15, 2010, meeting. The Bonding Committee reviewed the development, considered the facts and voted to recommend that the Land Subdivider's Agreement and the Erosion and Sediment Control Agreement of old Mill Plantation are in default. Letters were sent to the developer and Valley Bank via certified mail notifying them of their right to appear before the Board of Supervisors to address the Bonding Committee's recommendation. FISCAL IMPACT: The cost of completing the remaining subdivision construction and stabilizing (E&SC) measures of 'the development are anticipated to be covered by the funds on credit with the surety guaranteed by Valley Bank for this project. ALTERNATIVES: I. The Bonding committee recommends that the Board of Supervisors: a. Formally declare that the developer is in default of his agreements (Land Subdivider and Erosion and Sediment Control) with the County of Roanoke; and b. Authorize the staff to spend these funds for completion of the needed remaining improvements of the project. II. Reject the Bonding Committee recommendation. STAFF RECOMMENDATION: Staff recommends that the Board approve option I. Page 2 of 2 ACTION NO. ITEM NO. Q -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DA7rE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: January 25, 2011 Resolution approving and adopting the recommendation of the Roanoke County Bonding Committee to declare the developer of Old Mill Plantation Subdivision, Section 2 is in default and to authorize officials of Roanoke County to exercise its rights under the developer's Land Subdivider; and Erosion and Sediment Control Agreements and the accompanying Bonds, Windsor Hills Magisterial District Tarek Moneir Deputy Director of Development Services B. Clayton Goodman III County Administrator COUNTY ADMINIS'TRATOR'S COMMENTS: SUMMARY OF INFORMATION: On April 30 2007, Community Development approved subdivision plans for Vaughn & Jackson LLC (Developer), a Virginia corporation to develop Old Mill Plantation Section 2 in Roanoke County. The developer submitted a signed Irrevocable Standby Letter of Credit dated August 10, 2007, in the amount of $334,343 for land subdivision requirements and an Irrevocable Standby Letter of Credit dated May 14, 2007, in the amount of $32,000 for soil and erosion control for said development. The signed Land Subdivider's and Erosion and Sediment Control Agreements were never returned to the Community Development Staff as agreed upon by the developer. The Developer proceeded with the development as approved. The Developer also agreed that measures for the control of siltation, erosion and all improvements to the land within - the said subdivision would be properly and satisfactorily provided, installed and completed as provided for on the approved plans. Some improvements have taken place, but the development remains incomplete with several outstanding erosion and sediment control measures to be corrected. Staff completed the assessment of the remaining outstanding Page 1 of 2 items and believe that the remaining bonded amounts would cover expenses associated to complete development. A Notice of Trustees' Sale appeared in the local newspaper scheduled for December 23, 2010, for a parcel of land with tax map # 095.01 -10.31.00 -000 of said subdivision. The Community Development staff presented these facts to the Bonding Committee at its December 15, 2010, meeting. The Bonding Committee reviewed the development, considered the facts and voted to recommend that the Land Subdivider's Agreement and the Erosion and Sediment Control Agreement of Old Mill Plantation Section 2 are in default. Letters were sent to the developer and Valley Bank via certified mail notifying them of their right to appear before the Board of Supervisors to address the Bonding Committee's recommendation. FISCAL IMPACT: The cost of completing the remaining subdivision construction and stabilizing (E &SC measures) of the development are anticipated to be covered by the funds on credit with the surety guaranteed by Valley Bank for this project. ALTERNATIVES: I. The Bonding Committee recommends that the Board of Supervisors: a. Formally declare that the developer is in default of his agreements (Land Subdivider and Erosion and Sediment Control) with the County of Roanoke; and b. Authorize the staff to spend these funds for completion of the needed remaining improvements of the project I. Reject the Bonding Committee Recommendation. STAFF RECOMMENDATION: Staff recommends that the Board approve option I. Page 2of2 AT A REGULAR MEE"T"ING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 8, 2011 RESOLUTION APPROVING AND ADOPTING THE RECOMMENDATION OF THE ROANOKE COUNTY BONDING COMMITTEE TO DECLARE THE DEVELOPER OF OLD MILL PLANTATION SUBDIVISION, SECTION I, TO BE IN DEFAULT AND TO AUTHORIZE OFFICIALS OF ROANOKE COUNTY TO EXERCISE ITS RIGHTS UNDER THE DEVELOPER'S LAND SUBDIVIDER AND EROSION AND SEDIMENT CONTROL AGREEMENTS AND THE ACCOMPANYING IRREVOCABLE LETTERS OF CREDIT WHEREAS, Vaughn & Jackson LLC, a Virginia limited liability company (hereafter "Developer "), as developers of Old Mill Plantation Subdivision, Section I, (hereafter Old Mill, Sec. 1) in the Windsor Hills Magisterial District of Roanoke County, on or about August 10, 2004, entered into an Erosion and Sediment Control Agreement (hereafter "E & S Agreement ") with the County of Roanoke and provided an irrevocable Letter of Credit issued by Valley Bank in the amount of $74,848 to insure the construction and maintenance of certain erosion and sediment control facilities in connection with the development of Old Mill, Sec I; and WHEREAS, the Developer subsequently, on or about December 9, 2005, entered into a Land Subdivider's Agreement with the County of Roanoke and was granted approval to subdivide a portion of the Developer's property and to record a plat of subdivision for the development to be known as Old Mill, Sec I, and provided an irrevocable Letter of Credit issued by Valley Bank in the amount of $ 1,327,230 to insure the construction, completion and maintenance of improvements to the land; and WHEREAS, Developer has partially complied with its legal responsibilities under the aforesaid E & S and Land Subdivider's Agreements and Roanoke County officials have authorized two partial releases of the E & S Letter of Credit but a balance of $17,911.50 remains on deposit with Valley Bank to secure the completion of the requirement under the E & S Agreement, and likewise, have authorized two partial releases of the Land Subdivider's Letter of credit but a balance of $ 390,877.91 remains on deposit with Valley Bank to secure the completion of the requirements under the Land Subdivider's Agreement; and WHEREAS, representatives of the Roanoke County Department of community Development learned through a legal notice in The Roanoke Times of a Trustee's Sale of Old Mill, Sec. I, scheduled for December 23, 2010. Letters were immediately sent by the county Attorney's Office to the Developer and Valley Bank, but no response has been received from either Developer or Valley Bank as of this date; and WHEREAS, the Bonding Committee for Roanoke county meeting on December 15, 2011, at the Roanoke county Administration Building considered the documentation as to the status of this subdivision project and the advertised Trustee's Sale of this development and voted to recommend that the Developer be declared in default and that the county take all necessary actions to collect the outstanding bonded proceeds; and WHEREAS, a public hearing was held by the Board of Supervisors on this 28 day of January, 2011, to consider the recommendation of the Bonding Committee and to accept testimony and proposals from Developer and Valley Bank. NOW THEREFORE, be it RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Vaughn & Jackson LLC is legally bound into the Board of Supervisors of the Page 2of6 County of Roanoke, Virginia, in accordance with the Erosion and Sediment Control Agreement dated August 10, 2004, for the construction and maintenance of certain control measures in accordance with the plans for Old Mill Plantation Subdivision, Section I, and all subsequent revisions thereof as approved by the County of Roanoke. 2. That Vaughn & Jackson LLC has failed to substantially complete the erosion and sediment control facilities and measures as required by the aforesaid Agreement and that the anticipated cost for completion of said facilities and measures equals or exceeds the sum of Seventeen Thousand Nine Hundred Eleven & 501100 Dollars ($17,911.50). 3. That authorized representatives of Roanoke County have attempted without success to obtain a response or agreement from Vaughn & Jackson LLC for the completion of its legal obligations to the County and the public under the aforesaid Agreement. 4. That the Bonding Committee for Roanoke County has recommended that Vaughn & Jackson LLC be declared in default under the terms of its Erosion and Sediment Control Agreement dated August 10, 2004, and that Roanoke County exercise its legal rights and responsibilities to obtain the remaining bonded indebtedness being held for the County's benefit. 5. That Vaughn & Jackson LLC is hereby determined to be in default for its failure to substantially and adequately complete the requirements imposed upon it by the aforesaid Erosion and Sediment Control Agreement. 6. That Valley Bank has issued an Irrevocable Standby Letter of Credit, dated Page 3 of 6 August 14, 2444, Letter of Credit Number 144112, on behalf of Vaughn & Jackson LLC, for Old Mill Plantation Subdivision, Section I, Project Number SB- 4541791, on which the remaining balance is the sum of Seventeen Thousand Nine Hundred Eleven & 50/100 Dollars ($17,911.50). 7. That the officials and staff of Roanoke County are hereby authorized, on behalf of the Board of Supervisors of Roanoke County, Virginia, to draw upon the aforesaid Irrevocable Standby Letter of Credit, dated August 14, 2994, Letter of Credit Number 199112, for all funds secured thereby for the County of Roanoke as "BENEFICIARY" and to take all actions, legal or otherwise, to enforce the legal rights and responsibilities of the Board of Supervisors in connection with the development of Old Mill Plantation Subdivision, Section I, by Vaughn & Jackson I.I.C. 8. - chat Vaughn & Jackson LLC is legally bound into the Board of Supervisors of the County of Roanoke, Virginia, in accordance with the Land Subdivider's Agreement dated December 9 2995, for the construction, completion and maintenance of certain land improvement in accordance with the plans for Old Mill Plantation Subdivision, Section I, approved September 5, 2445, and all subsequent revisions thereof as approved by the County of Roanoke. 9. That Vaughn & Jackson LLC has failed to substantially complete the land improvement facilities and measures as required by the aforesaid Agreement and that the anticipated cost for completion of said facilities and measures equals or exceeds the sum of Three Hundred Ninety Thousand Eight Hundred Seventy- seven & 91 /100 Dollars ($ 390.877.91). Page 4 of 6 10. That authorized representatives of Roanoke County have attempted without success to obtain a response or agreement from Vaughn & Jackson LLC for the completion of its legal obligations to - the County and the public under the aforesaid Agreement. 11.That the Bonding Committee for Roanoke County has recommended that Vaughn & Jackson LLC be declared in default under the terms of its Land Subdivider's Agreement dated December 9, 2995 and that Roanoke County exercise its legal rights and responsibilities to obtain - the remaining bonded indebtedness being held for the County's benefit. 12. That Vaughn & Jackson LLC is hereby determined to be in default for its failure to substantially and adequately complete the requirements imposed upon it by the aforesaid Land Subdivider's Agreement. 1 3. - chat Valley Bank has issued an Irrevocable Standby Letter of Credit, dated December 9, 2005, Letter of Credit Number VB100191, on behalf of Vaughn & Jackson LLC, for Old Mill Plantation Subdivision, Section I, Project Number SB- 9591791, on which the remaining balance is the sum of Three Hundred Ninety "thousand Eight Hundred Seventy -seven & 91/100 Dollars ($ 390.877.91). 14.That the officials and staff of Roanoke County are hereby authorized, on behalf of the Board of Supervisors of Roanoke County, Virginia, to draw upon the aforesaid Irrevocable Standby Letter of Credit, dated December 9, 2995, Letter of Credit Number VB100191, for all funds secured thereby for the County of Roanoke as "BENEFICIARY" and to take all actions, legal or otherwise, to enforce the legal rights and responsibilities of the Board of Supervisors in Page 5of6 connection with the development of old Mill Plantation Subdivision, Section I, by Vaughn & Jackson LLC. 15. That the County Administrator, the Director of - the Department of Community Development, his staff and agents, and the office of the County Attorney are hereby authorized to take such action, including the initiation and pursuit of such legal proceedings, as may be necessary to fully assert and defend the rights and obligations of Roanoke County in this regard. 15. "this Resolution shall be in full force and effect from the date of its adoption. Page 6of6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER 0111 TUESDAY, FEBRUARY 8, 2011 RESOLUTION APPROVING AND ADOPTING THE RECOMMENDATION OF THE ROANOKE COUNTY BONDING COMMITTEE TO DECLARE THE DEVELOPER OF OLD MILL PLANTATION SUBDIVISION, SECTION II, TO BE IN DEFAULT AND TO AUTHORIZE OFFICIALS OF ROANOKE COUNTY TO EXERCISE ITS RIGHTS UNDER THE DEVELOPER'S LAND SUBDIVIDER AND EROSION AND SEDIMENT CONTROL AGREEMENTS AND THE ACCOMPANYING IRREVOCABLE LETTERS OF CREDIT WHEREAS, Vaughn & Jackson LLC, a Virginia limited liability company (hereafter "Developer "), as developers of Old Mill Plantation Subdivision, Section 11, (hereafter Old Mill, Sec. 11) in the Windsor Hills Magisterial District of Roanoke County, on or about May 14, 2007, entered into an Erosion and Sediment Control Agreement (hereafter "E & S Agreement ") with the County of Roanoke and provided an irrevocable Letter of Credit issued by Valley Bank in the amount of $32,000 to insure the construction and maintenance of certain erosion and sediment control facilities in connection with the development of Old Mill, Sec 11; and WHEREAS, the Developer subsequently, on or about August 18, 2007, entered into a Land Subdivider's Agreement with the County of Roanoke and was granted approval to subdivide a portion of the Developer's property and to record a plat of subdivision for the development to be known as Old Mill, Sec II and provided an irrevocable Letter of Credit issued by Valley Bank in the amount of $ 334,343.00 to insure the construction, completion and maintenance of improvements to the land; and WHEREAS, representatives of the Roanoke County Department of Community Development learned through a legal notice in The Roanoke Times of a Trustee's Sale of Old Mill, Sec. 11, scheduled for December 23, 2010. Letters were immediately sent by the County Attorney's Office to the Developer and Valley Bank, but no response has been received from either Developer or Valley Bank as of this date; and WHEREAS, the Bonding Committee for Roanoke County meeting on December 15, 2011, at the Roanoke County Administration Building considered the documentation as to the status of this subdivision project and the advertised Trustee's Sale of this development and voted to recommend that the Developer be declared in default and that the County take all necessary actions to collect the outstanding bonded proceeds; and WHEREAS, a public hearing was held by the Board of Supervisors on this 25 day of January 2011 , to consider the recommendation of the Bonding Committee and to accept testimony and proposals from Developer and Valley Bank. NOW THEREFORE, be it RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Vaughn & Jackson LLC is legally bound into the Board of Supervisors of the County of Roanoke, Virginia, in accordance with the Erosion and Sediment Control Agreement dated May 14, 2007, for the construction and maintenance of certain control measures in accordance with the plans for Old Mill Plantation Subdivision, Section II, and all subsequent revisions thereof as approved by the County of Roanoke. 2. That Vaughn & Jackson LLC has failed to substantially complete the erosion and sediment control facilities and measures as required by the aforesaid Agreement and that the anticipated cast for completion of said facilities and measures equals or exceeds the sum of Thirty -two Thousand Dollars ($32,000). Page 2 of 5 3. That authorized representatives of Roanoke County have attempted without success to obtain a response or agreement from Vaughn & Jackson LLC for the completion of its legal obligations to the County and the public under the aforesaid Agreement. 4. That the Bonding Committee for Roanoke County has recommended that Vaughn & Jackson LLC be declared in default under the terms of its Erosion and Sediment Control Agreement dated May 14, 2007, and that Roanoke County exercise its legal rights and responsibilities to obtain the remaining bonded indebtedness being held for the County's benefit. 5. That Vaughn & Jackson LLC is hereby determined to be in default for its failure to substantially and adequately complete the requirements imposed upon it by the aforesaid Erosion and Sediment Control Agreement. 8. That Valley Bank has issued an Irrevocable Standby Letter of Credit, dated May 14 2007, Letter of Credit Number VB1 00278, on behalf of Vaughn & Jackson LLC, for old Mill Plantation Subdivision, Section II, Project Number SB- 0501558, on which the remaining balance is the sum of Thirty -two Thousand Dollars ($32,000). 7. That the officials and staff of Roanoke County are hereby authorized, on behalf of the Board of Supervisors of Roanoke County, Virginia, to draw upon the aforesaid Irrevocable Standby Letter of Credit, dated May 14, 2007, Letter of Credit Number VB100275, for all funds secured thereby for the County of Roanoke as "BENEFICIARY" and to take all actions, legal or otherwise, to enforce the legal rights and responsibilities of 'the Board of Supervisors in Page 3 of 5 connection with the development of Old Mill Plantation Subdivision, Section II, by Vaughn & Jackson LLC. 8. That Vaughn & Jackson LLC is legally bound into the Board of Supervisors of the County of Roanoke, Virginia, in accordance with the Land Subdivider's Agreement dated August 16, 2007, for the construction, completion and maintenance of certain land improvement in accordance with the plans for Old Mill Plantation Subdivision, Section II, approved April 30, 2007, and all subsequent revisions thereof as approved by the County of Roanoke. 9. That Vaughn & Jackson LLC has failed to substantially complete the land improvement facilities and measures as required by the aforesaid Agreement and that the anticipated cost for completion of said facilities and measures equals or exceeds the sum of Three Hundred Thirty -four Thousand Three Hundred Forty -three Dollars ($334,343). 10. That authorized representatives of Roanoke County have attempted without success to obtain a response or agreement from Vaughn & Jackson LLC for the completion of its legal obligations to the County and the public under the aforesaid Agreement. 11. That the Bonding Committee for Roanoke County has recommended that Vaughn & Jackson LLC be declared in default under the terms of its Land Subdivider's Agreement dated August 16, 2007, and that Roanoke County exercise its legal rights and responsibilities to obtain the remaining bonded indebtedness being held for the County's benefit. 12. That Vaughn & Jackson LLC is hereby determined to be in default for its failure Page 4of5 to substantially and adequately complete the requirements imposed upon it by the aforesaid Land Subdivider's Agreement. 13. That Valley Bank has issued an Irrevocable Standby Letter of Credit, dated August 15, 2007, Letter of Credit Number VB1 00288, on behalf of Vaughn & Jackson LLC, for old Mill Plantation Subdivision, Section li, Project Number SB- 0501558, on which the remaining balance is the sum of Three Hundred Thirty- four Thousand Three Hundred Forty -three Dollars ($ 334,343). 14.That the officials and staff of Roanoke County are hereby authorized, on behalf of - the Board of Supervisors of Roanoke County, Virginia, to draw upon the aforesaid Irrevocable Standby Letter of Credit, dated August 15, 2007, Letter of Credit Number V131 00288, for all funds secured thereby for the County of Roanoke as "BENEFICIARY' and to take all actions, legal or otherwise, to enforce the legal rights and responsibilities of the Board of Supervisors in connection with the development of old Mill Plantation Subdivision, Section 11, by Vaughn & Jackson LLC. 15. That the County Administrator, the Director of - the Department of Community Development, his staff and agents, and the office of the County Attorney are hereby authorized to take such action, including the initiation and pursuit of such legal proceedings, as may be necessary to fully assert and defend the rights and obligations of Roanoke County in this regard. 15. This Resolution shall be in full force and effect from the date of its adoption. Page 5of5 ACTION NO. ITEM F-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2011 AGENDA ITEM: Ordinance to amend the Roanoke County zoning Ordinance providing for Small Wind Energy Systems SUBMITTED BY : Philip Thompson Deputy Director of Planning APPROVED BY : B. Clayton Goodman III W-Qr County Administrator COUNTY ADMINISTRATOR'S COMMENTS SUMMARY of INFORMATION In June 2009, the Planning Commission and Community Development staff identified several areas of the zoning ordinance to review and update. Wind energy was one of the areas that was identified to research and to develop regulations to incorporate into the zoning ordinance. The Planning Commission has reviewed wind energy issues at ten (10) work sessions over the past eighteen (18) months. On January 4, 2011, the Planning commission finalized draft zoning ordinance amendments dealing with small wind energy systems. The Planning commission held a public hearing on these draft zoning ordinance amendments on February 1, 2011. Eight citizens spoke at the public hearing. The Planning Commission recommended approval by a vote of 4 -0 of the draft zoning ordinance amendments with two revisions (shown in red on attached document). Staff will review with the Board the proposed zoning ordinance amendments. The second reading and public hearing on these amendments is scheduled for February 22, 2011. FISCAL IMPACT None Page 1 of 2 ALTERNATIVES 1. Approve first reading of an ordinance to amend the Roanoke County Zoning Ordinance. 2. Take no action at this time. STAFF RECOMMENDATION Staff recommends Alternative #1. Page 2 of 2 (i x ift- Z 183 I)III]kl r ,3;3 z, Roanoke County Zoning Ordinance Amendments —Small Wind Energy Systems February 22, 2011 a'O A N� February 2 2, 2 011 DRAFT Zoning Ordinance Amendments - Small Wind Energy Systems Article II, Section 30 -28 - Definitions Anemometer: An instrument for measuring wind force and velocity. Net Metering: A program offered by a utility company that allows customers with eligible renewable energy systems to offset a portion of the electric energy provided by the utility. Rated Nameplate Capacity: The maximum rated output of electric power production equipment specified by the manufacturer. Shadow Flicker: The visible flicker effect that occurs when rotating turbine blades cast shadows on the ground and nearby structures, causing the repeating pattern of light and shadow. Wind Enerav: Powergenerated by converting the mechanical energy of wind into electrical energy through use of a wind generator. Wind Enerav Conversion System: An electric generating device, the main purpose of which is to convert the kinetic energy available in the wind to mechanical energy, consisting of one or more wind turbines, a tower, associated control or conversion electronics and other accessory structures and buildings, including► substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities. Wind Energy System, Micro (Building Inte_arated ): A building-mounted wind energy conversion system that has a manufacturer's rating of 10 kW or less. Wind Enera;v System, Small: A wind energy conversion system consisting of a single wind turbine, a tower, and associated control or conversion electronics, having a rated nameplate capacity of not more than 50 kilowatts (kW) for residential uses and not more than 100 kW for other uses. For the purpose of residential net metering, Virginia Code X56 -594B limits the electrical generating facility to a capacity of not more than 10 kilowatts (kW). Wind Enerav Tower: The structure on which the wind turbine is mounted. Wind Monitorin_a or Temporary Meteorological Tower: A temporary tower equipped with devices to measure wind speeds and direction; used to determine how much wind power a site can be expected to generate. Wind Turbine: A wind energy conversion device that converts wind energy into electricity through use of a wind turbine generator; typically having one, two or three blades, nacelle, rotor, generator, controller and associated mechanical and electrical conversion components mounted on top of a tower. February 2 2, 2 011 DRAFT Zoning Ordinance Amendments - Small Wind Energy Systems Windmill: A machine designed to convert the energy of the wind into more useful forms of energy, such as grinding, pumping, etc., using rotating blades driven by the force of the wind to turn mechanical equipment to do physical work, without producing energy. Article III - District Regulations SEC. 30 -32. - AG -3 AGRICULTURAL /RURAL PRESERVE DISTRICT. Sec. 30 -32 -2. - Permitted Uses. (A) Permitted By Right 6. Miscellaneous Uses Wind Energy System, Small* SEC. 30 -33. - AG -1 AGRICULTURAL /RURAL LOW DENSITY DISTRICT. Sec. 30 -33 -2. - Permitted Uses. (A) Permitted By Right S. Miscellaneous Uses Wind Energy System, Small* SEC. 30 -34. - AR AGRICULTURAL /RESIDENTIAL DISTRICT. Sec. 30 -34 -2. - Permitted Uses. (A) Permitted By Right S. Miscellaneous Uses Wind Energy System, Small SEC. 30 -36. - AV AGRICULTURAL /VILLAGE CENTER DISTRICT. Sec. 30 -36 -2. - Permitted Uses. (A) Permitted By Right 6. Miscellaneous Uses Wind Energy System, Small* 2 February 2 2, 2 011 DRAFT Zoning Ordinance Amendments - Small Wind Energy Systems SEC. 30 -41. - R -1 LOW DENSITY RESIDENTIAL DISTRICT. Sec. 30 -41 -2. - Permitted uses. (A) Permitted By Right 4. Miscellaneous Uses Wind Energy System, Small SEC. 30 -42. - R -2 MEDIUM DENSITY RESIDENTIAL DISTRICT. Sec. 30 -42 -2. - Permitted Uses. (A) Permitted By Right 3. Miscellaneous Uses Wind Energy System, Small* SEC. 30 -45. - R -3 MEDIUM DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT. Sec. 30 -45 -2. - Permitted Uses. (B) Special Use Permit 4. Miscellaneous Uses Wind Energy System, Small* SEC. 30 -46. - R -4 HIGH DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT. Sec. 30 -46 -2. - Permitted Uses. (B) Special Use Permit 4. Miscellaneous Uses Wind Energy System, Small* SEC. 30 -61. - I -1 LOW INTENSITY INDUSTRIAL DISTRICT. Sec. 30 -61 -2. - Permitted Uses. (A) Permitted By Right 6. Miscellaneous Uses Wind Energy System, Small* 3 February 2 2, 2 011 DRAFT Zoning Ordinance Amendments - Small Wind Energy Systems SEC. 30-62. HIGH INTENSITY INDUSTRIAL DISTRICT. Sec. 30 -62 -2. - Permitted Uses. (A) Permitted By Right 6. Miscellaneous Uses Wind Energy System, Small SEC. 30 -71. - EXPLORE PARK DISTRICT! Sec. 30 -71 -3. - Permitted Uses. (A) Permitted By Right 4. Miscellaneous Uses Wind Energy System, Small Article IV -Use and Design Standards SECTION 30 -87 -6. Wind Energy System, Small (A) Purpose and Intent: The purpose of this section is to regulate the placement, construction, and modification of small wind energy systems while promoting the safe, effective and efficient use of small wind energy systems and not unreasonably interfering with the development of independent renewable energy sources. The requirements set forth in this section shall govern the siting of small wind energy systems used to generate electricity or perform work which may be connected to the utility grid pursuant to Virginia's net metering laws or serve as an independent source of energy, (B) General Standards; 1. apeoffower The tower component of any small wind energy system shall be one that is recommended and certified by the manufacturer. Monopole and lattice towers are the preferred type of support for wind turbines. Guy wired towers are prohibited. 2. Tower Color: Small wind energy system towers shall maintain a galvanized steel finish, unless Federal Aviation Administration (FAA) standards require otherwise. The zoning administrator may allow a property owner, who is attempting to conform the tower to the surrounding environment and architecture, to paint the tower to reduce its visual obtrusiveness. A photo simulation may be required by the zoning administrator. 4 February 2 2, 2 011 DRAFT Zoning Ordinance Amendments - Small Wind Energy Systems 3. System Height: (a) System height is defined as the vertical distance measured from average grade at the base of the tower or other supporting structure, whether mounted on the ground or on a rooftop, to the highest point of the turbine rotor or tip of the turbine blade when extended to its highest elevation. Parcel Size (Acres) 1.00 or greater 9 Maximum System Height 60 feet (b) A small wind energy system may exceed the height limitations listed in this section if a special use permit has been obtained by the property owner, (c) The applicant shall provide evidence that the proposed height of the small wind energy system does not exceed the height recommended by the manufacturer or distributor of the system. Setbacks: The small wind energy system shall beset back a distance at least equal to one hundred ten percent (11096) of the height of the wind energy system from all property lines, and roadways. The setbacks for a small wind energy system maybe reduced if a special use permit has been obtained by the property owner. Setbacks established in this section or through a special use permit shall supersede any other setback requirement in the zoning ordinance. 5. Ground ClearanceL&fetx; The minimum distance between the ground and any protruding blades utilized on a small wind energy system shall be 20 feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blade shall also be twenty (20) feet above the height of any structure within one hundred fifty (150) feet of the base. The supporting tower shall also be enclosed with a 6-foot tall fence or the base of the tower shall not be climbable for a distance of 12 feet. 6. Number of Towers: More than one tower may be permitted on an individual piece of property provided that all setback requirements have been met. 7. Noise: The wind energy system shall not exceed 60 decibels (dBA), as measured at the closest property line, except during short -term events such as severe windstorms. S February 2 2, 2 011 DRAFT Zoning Ordinance Amendments - Small Wind Energy Systems B. Liah�tina No lighting shall be incorporated on the tower or wind turbine unless required by the Federal Aviation Administration (FAA) or other appropriate authority. 9. Advertising: Signs, writing, pictures, flags, streamers, or other decorative items that may be construed as advertising are prohibited on wind energy systems, except as follows: (a) Manufacturer's or installer's identification on the wind turbine, and (b) Appropriate warning signs and placards. 10. Sneed Controls. A small wind energy system shall be equipped with manual (electronic or mechanical) and automatic overspeed controls to limit the blade rotation speed to within the design limits of the small wind energy system. 11. Electric Utility Notification. The applicant shall provide evidence that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer -owned electricity generator, unless the applicant intends, and so states on the application, that the system will not be connected to the electricity grid. 12. Use. A small wind energy system shall be considered an accessory use. The applicant shall provide information demonstrating that the small wind energy system will be used primarily to reduce on -site consumption of electricity. 13. Wind Monitorin_a or Temporary Meteorological Towers: Small wind energy systems shall comply with the following: (a) A wind monitoring meteorological tower with an anemometer and other wind measuring devices maybe installed with the issuance of a zoning permit for the purpose of monitoring wind and other environmental conditions relevant to siting wind energy systems and used to determine how much wind power a site can be expected to generate. The zoning permit shall be valid for a period of one year. (b) No wind monitoring meteorological tower for small wind energy systems may rise more than the allowable height of the proposed small wind energy system and shall meet the setback requirements in Sec. 30- 87 -6(B)4 of this ordinance. 14. Removal o[De fective or Abandoned Small Wind Eneray Systems: (a) Each year following the issuance of a zoning permit for a small wind energy system, the owner of such small wind energy system shall submit to the Zoning Administrator an affidavit that verifies continued operation of the wind turbine use and compliance with all requirements of this ordinance and other 0 February 2 2, 2 011 DRAFT Zoning Ordinance Amendments - Small Wind Energy Systems applicable regulations. Failure to submit required documentation shall result in the Zoning Administrator considering the small wind energy system abandoned. The owner of the small wind energy system shall remove the small wind energy system within ninety (90) days of receipt of notice from the County instructing the owner to remove the abandoned small wind energy system, (b) Any small wind energy system found to be unsafe by the building official shall be repaired by the owner to meet federal, state and local safety standards or removed within ninety (90) days. 15. Compliance with Other Re_aulations Small wind energy systems shall comply with all applicable local, state and federal regulations. SECTION 30 -88. Accessory Uses and Structures (A) As defined in section 30 -28, accessory uses and structures maybe commonly found and associated with principal use types. Principal uses which are allowed by right or by special use may include accessory uses and activities, provided such accessory uses and activities are appropriate and incidental to the principal use, and provided they are designed and located in accord with the intent and provisions of this ordinance. Sec. 30 -88 -1. Accessory Uses: Agricultural Use Types. (A) Agricultural use types may include the following accessory uses, activities or structures on the same site or lot: S. Micro wind energy systems that project no more than 15 feet above the highest point on the structure and complies with the height requirement of the zoning district. Sec. 30-88-2. Accessory Uses: Residential Use Types. (A) Residential use types may include the following accessory uses, activities or structures on the same site or lot: B. Micro wind energy systems that project no more than 15 feet above the highest point on the structure and complies with the height requirement of the zoning district. Sec. 30-88-3. Accessory Uses: Civic Use Types. (A) Civic use types may include the following accessory uses, activities or structures on the same site or lot: 7. Micro wind energy systems that project no more than 15 feet above the highest point on the structure and complies with the height requirement of the zoning district. 7 February 2 2, 2 011 DRAFT Zoning Ordinance Amendments - Small Wind Energy Systems Sec. 3 0 -88 -4. Accessory Uses: Office Use Types. (A) Office use types may include the following accessory uses, activities or structures on the same site or lot: 7. Micro wind energy systems that project no more than 15 feet above the highest point on the structure and complies with the height requirement of the zoning district. Sec. 30-88-5. Accessory Uses: Commercial Use Types. (A) Commercial use types may include the following accessory uses, activities or structures on the same site or lot: 6. Micro wind energy systems that project no more than 15 feet above the highest point on the structure and complies with the height requirement of the zoning district. Sec. 30-88-6. Accessory Uses: Industrial Use Types. (A) Industrial use types may include the following accessory uses, activities or structures on the same site or lot: 9. Micro wind energy systems that project no more than 1 S feet above the highest point on the structure and complies with the height requirement of the zoning district, 0 ACTION NO. ITEM NO. G -1 -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2011 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman III W-2r 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 Wilmore T. Leff ell expired on December 12, 2010. 2. Capital Improvement Program (CIP) Review Committee (appointed by District) The following one -year terms expired on August 31, 2010: ➢ Brian Hooker representing the Catawba Magisterial District (not eligible for reappointment as maximum number of terms served) ➢ Wes Thompson representing the Windsor Hills Magisterial District (resigned due to health) 3. Parks, Recreation and Tourism Commission (appointed by District) ➢ Tim Guilliams, who represents the Vinton Magisterial District, has resigned. His three -year term will expire on June 30, 2013. Page 1 of 2 4. Roanoke County Community Leaders Environmental Action Roundtable (RC CLEAR) (appointed by District) ➢ Reath Deibler, who represented the Vinton Magisterial District, has moved from the area and is no longer serving on RC -CLEAR ➢ Renee Goddard, who represents the Hollins Magisterial District has advised she no longer will be able to serve on this committee Page 2of2 _ is AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 8, 2011 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for February 8, 2011, designated as Item Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7 inclusive, as follows: 1. Approval of minutes — January 25, 2011 2. Request to accept and appropriate funds in the amount of $15,500 of contributions from Cave Spring Volunteer Fire Company and Mount Pleasant Volunteer Fire Company to share in funding generators for two new apparatus being purchased through our truck loan agreement 3. Request to accept and appropriate funds in the amount of $9,545 for a Virginia Office of Emergency Medical Services matching grant for the purchase of extrication equipment 4. Request to accept and appropriate funds in the amount of $55,415.51 to the Roanoke County Public Schools 5. Request to accept and appropriate funds in the amount of $7,500 to the Library 5. Request to accept and appropriate funds in the amount of $28,534 under the fiscal year 2010 State Homeland Security Program Grant No: 11- A2313HS 10 7. Donation of a Variable width storm drainage easement on the property of Benjamin E. Johnson at the Intersection of Castle Rock Road and Farmington Drive (Tax Map Nos. 075.15 -02- 02.00), Windsor Hills Magisterial District ACTION NO. ITEM NO. H -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CEIVTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: February 8, 2011 Request to accept and appropriate funds in the amount of $15,500 of contributions from Cave Spring Volunteer Fire Company and Mount Pleasant Volunteer Fire Company to share in funding generators for two new apparatus being purchased through our truck loan agreement Richard E. Burch, Jr. Chief of Fire and Rescue B. Clayton Goodman III xia- County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Fire and Rescue is pleased to work together with Cave Spring Volunteer Fire Company and Mount Pleasant Volunteer Fire Company to add a generator to each of the two pumpers on order through our replacement truck loan. Cave Spring Volunteer Fire Company provided $7,000 and Mount Pleasant Volunteer Fire Company provided $8,500 toward the purchase of these generators. This equipment will prove invaluable on the scene once these trucks are received and placed in service. FISCAL IMPACT: The total amount of the contributions is $15,500 and the County has already budgeted for the remaining cost to purchase the generators in the truck purchase fund. ALTERNATIVES: Without the acceptance and appropriation of these contributions the department will have o fund the full purchase price for these generators. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of contribution funds in the amount of $8,500 from Mount Pleasant Volunteer Fire Company and $7,000 from the Cave Spring Volunteer Fire Company for the purchase of two (2) generators to be placed on two (2) new pumpers already on order through the truck loan agreement. Page 2 of 2 ACTION No. ITEM No. H -3 AT A REGULAR MEETING of THE BOARD of SUPERVISORS of ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2011 AGENDA ITEM: Request to accept and appropriate funds in the amount of $9,545 for a Virginia Office of Emergency Medical Services matching grant for the purchase of extrication equipment SUBMITTED BY: Richard E. Burch, Jr. Chief of Fire and Rescue APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY of INFORMATION: Roanoke County Fire and Rescue has been awarded a matching grant in the amount of $9,845 from the Virginia Office of Emergency Medical Services to purchase extrication equipment for a new rescue engine at the Hollins fire station. The purchase of the rescue engine was a joint Venture with the Hollins Volunteer Fire and Rescue Department and this grant will provide much needed equipment for rescue operations when the engine goes into service. FISCAL IMPACT: The total amount of the purchase is $19,290 and the department has already budgeted for 'the match of $9,645 out of the existing budget. ALTERNATIVES: Without the acceptance and appropriation of this grant the department will not be able to purchase the equipment. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of grant funds from the Virginia Office of Emergency Medical Services in the amount of $9,845 for the purchase of extrication equipment. ACTION NO. ITEM No. H -4 AT A REGULAR MEETING of THE BOARD of SUPERVISORS of ROAIVOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2011 AGENDA ITEM: Request to appropriate funds in the amount of $55,418.81 to the Roanoke County Public Schools SUBMITTED BY: Brenda Chastain Clerk to the Roanoke County School Board APPROVED BY: B. Clayton Goodman, III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY of INFORMATION: Roanoke County Schools and Virginia Western Community College (VWCC) have an agreement Whereby the college provides college level courses in English, US History, AP Calculus and certain technical and science subjects. These courses are taught by Roanoke County teachers Who meet the college's criteria for adjunct professors. Monies that have been collected exceed the expenses; therefore, there is a request for these additional funds to be appropriated. Roanoke County Schools collected $183,890.00 tuition from 1192 students. VWCC Will reimburse $325,420.15 for services rendered (teachers, administrating expenses, rooms, utilities, and maintenance). Roanoke County Schools owes VWCC $433,893.54 for tuition and technology fees and college service fees. The difference between what was collected and what was spent is $55,418.81. Roanoke County Schools requests that $55,416.61 be appropriated to the instructional program. FISCAL IMPACT: The instructional budget will be increased by $55,418.81. Page 1 of 2 STAFF RECOMMENDATION: Appropriation of funds in the amount of 55,416.61. Page 2 of 2 ACTION NOS. ITEM NO. H -5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2011 AGENDA ITEM: Request to accept and appropriate funds in the amount of $7,599 to the Library SUBMITTED BY: Diana L Rosapepe Director of Library Services APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Public Library has received a gift in - the amount of $7,599 - from Mr. Richard G. West of Roanoke, Virginia. Mr. West is a frequent patron of the Headquarters/419 Library and made this donation as a token of his appreciation for the friendly and helpful service he has received during his many visits. He has placed no restrictions on the funds, other than to ask that they be used to benefit the Library. FISCAL IMPACT: This is an outright gift. No additional or matching funding is required. STAFF RECOMMENDA'rION: Staff requests that the donated funds of $7,500 be accepted and appropriated to the Library budget. ACTION NO. ITEM NO. H -6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 8, 2311 AGENDA ITEM: Request to accept and appropriate funds in the amount of $28,634 under the fiscal year 2313 State Homeland Security Program Grant No: 11- A2313HS10 SUBMITTED BY: James R. LaVinder Chief of Police APPROVED BY: B. Clayton Goodman III &T County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This program is funded by the U.S. Department of Homeland Security and administered by the Virginia Department of Criminal Justice Services. Roanoke County received notice that it has been awarded $28,634 in federal funds under the State Homeland Security Program. The purpose of these funds is to purchase enhancements to a remote viewing system previously awarded through a Commercial Equipment Direct Assistance Program Grant. FISCAL IMPACT: This is a reimbursable grant with no matching funds required. STAFF RECOMMENDAnON: Staff recommends acceptance of the fiscal year 2010 State Homeland Security Program Grant No: 11- A2313HS10 in the amount of $28,634. ACTION NO. ITEM IVO. H -7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: February 8, 2011 Donation of a Variable width storm drainage easement on the property of Benjamin E. Johnson at the Intersection of Castle Rock Road and Farmington Drive (Tax Map Nos. 075.15 -02- 02.00), Windsor Hills Magisterial District Joseph B. Obenshain Senior Assistant County Attorney B. Clayton Goodman III � County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves acceptance of a storm drainage easement across property owned by Benjamin E. Johnson being conveyed to the Board of Supervisors of Roanoke County for access to a stormwater detention facility, in the Windsor Hills Magisterial District of the County of Roanoke: a) Donation by Benjamin E. Johnson of a Storm Drainage Easement of variable width to construct, install, improve, operate, inspect, use, maintain, remove, monitor, repair or replace present of future drainage courses, ditches, fines, pipes facilities and other necessary or related structures, appurtenances and improvements for management, collection, transmission and distribution of any form of drainage, including, but not limited to stormwater drainage, together with the right of ingress and egress thereto from a public road, capon, over, gander, and across a tract or parcel of land belonging to the Grantor, (the "Easement ") as being shown and designated as "NEW VARIABLE WIDTH STORM DRAINAGE EASEMENT BOUNDED BY A,B,C,D,E,F,G,H,J,K TO A" upon the Plat showing "New Variable Width Storm Drainage Easement for THE BOARD OF SUPERVISORS OF ROANOKE COUNTY Across 5290 Cantle Rock Road, Property Owned by Benjamin E. Johnson (Instrument #200915585 ), Parcel 1 (1.295 Acres) Shown in P.B.17, Pg 195, Windsor Hills Magisterial District ", Roanoke County, Virginia, prepared by Parker Design Group, Inc., dated July 9, 2010 (the "Plat "). The location of the Page 1 of 2 easement is more particularly described on the Plat which is attached hereto as " Exhibit A ll and by reference incorporated herein. This new variable width storm drainage easement on the lot of a newly constructed house, designated tax parcel # 076.15 -02- 02.00, confirms the location of a long existing drainage pipe which connects with previously established drainage easements. 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 and that the County Administrator, or any Assistant County Administrator, be 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. Page 2 of 2 GENERAL NOTES: 1. THIS PLAT WAS PREPARED WITH BENEFIT OF TITLE COMMITMENT POLICY NO. 27306 - 79802787 BY FIDELITY NATIONAL TITLE INSURANCE COMPANY DATED DECEMBER 21, 2009. EASEMENTS INCLUDE: i) AEP IN D.B. 355 PG. 334. ii} C &P TELEPHONE IN D.B. 576 PGS. 136 & 138. iii} CASTLE ROCK WATER COMPANY IN D.B. 955 PG. 49. iv} SANITARY SEWER EASEMENT IN D.B. 1274 PG. 1267. 2. THE SUBJECT PROPERTY IS WITHIN ZONE "X" AS SHOWN ON THE FEMA FLOOD INSURANCE RATE MAP NO. 51161 CO232 G, EFFECTIVE DATE SEPTEMBER 28, 2007. LEGEND Q POINT NOT SET /FOUND 0 MARKER FOUND IN FIELD MERIDIAN OF p,g, 17, PG. 95 ., "t DEL TA: 81 '3342" RADIUS. 30.00" ARC.- 42.71 ' TANGENT. 25.88' CHORD. 39.19 ' BEARING. N 50 `37'00 " E T c- go% Salem, Virginia 24153 - Tl M o 0 w D� 0 K < > c r te ° 0 j rrrrr`r�-rrr r z � = 0 CD M �J Q cn -;s- (A N M L!] 0 cn to to cn z 0 00 cn 0 0 M 0 o ao O0 cao 0 M o v 0 v v —0: "j 4�- N V n 0 > z N V 0 A 0 N j O r ('a Q N 0 D r r - � V r Y MMMMMM M � W r z M � �A Oo N O -P N pp C n N 0 Cpl (A 2 C4 0 4N.- (A CA cpj 0 41- —L " ALAN CLEMONS Lic. No. 002823 FA'?41 11 VG T A ON D /V so 1 x5 0 50 oo Q� s WA ire rL 2 23 ' 0 ... --- , -- [L9] g --Q K o Q) I !-In t C o o 00 ` ;z ' l 00 rn i G r cp rn > 0 l > 0 ) 0rn 1 ov � I � � � C M r 1 � S � -1 ch o I m�f' cn rn 0 �; p = r , G) A 1 �7 >. r l I 0 z Z i2o oMzrn 1 -� K o � i in 0 > -4 1 ` � � r � 0 zA 0 ` co N0W 1 0 i G) w rn w OO O rn > M 0 5 - 14'08"' E c I I_ c S ° ° ° cn rn � -1 ,35.0 1 �, 9 I � � m I °' o C) �► �' ' � 1 I .p X70 .tip 1 d* � 0 D y_ H S 04.26 37,7.47 NEW VARIABLE WIDTH STORM DRAINAGE EASEMENT FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY ACROSS 5290 CASTLE ROCK ROAD PROPERTY OWNED BY BENJAMIN E. JOHNSON (INST. # 200916686) PARCEL 1 (1.296 ACRES) SHOWN IN P.B. 17, PG. 195 WINDSOR HILLS MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1 it 50' 816 Boulevard go% Salem, Virginia 24153 p a r k e r Phone: 540 Fax: 540- 389 -5767 DESIGN GROUP, INC_ www.parkerdg.com ENGINEERS * SURVEYORS * PLANNERS" LANDSCAPE ARCHrMCFS GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Audited balance at June 36, 2616 Addition of 2669 -16 operations Amount L -1 % of General Fund Revenue $ 19, 959 ,122 1 6.69% * 213,196 Balance at February 8, 2611 $ 26,172,318 16.64% ** Note: On December 21, 2664, the Board of Supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 2669 -16 a range of 9.5% -16.5% of General Fund Revenues 2669 -16 General Fund Revenues $186,756,556 9.5% of General Fund Revenues $17,741,872 16.5% of General Fund Revenues $19,669,438 ** 2616 -11 a range of 10.0%-11 .0 % of General Fund Revenues 2616 -11 General Fund Revenues $189,618,185 16.6 % of General Fund Revenues $18,961,819 11.6 % of General Fund Revenues $26,858,666 The Unappropriated Fund Balance of the County is currently maintained at 10.64% which is within the range of our goal for 2616 -11. The County's goal is to increase the balance over time to 11.0% Submitted By Rebecca E. Owens Director of Finance Approved By B. Clayton Goodman III County Administrator W-X�- L -2 COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the C1P, architectural/engineering services, and other one -time expenditures.) Audited balance at June 30, 2010 Addition of 2009 -10 operations September 28, 2010 Appropriation for option on 5755 Crystal Creek Drive December 14, 2010 Appropriation to purchase one fire vehicle December 14, 2010 Appropriation to replace the Walrond Park ball field lights December 14, 2010 Appropriation to terminate agreement for Jack Smith Industrial Park Amount $1,400,233.20 2, 075, 577.00 (6 (82,847.00) (150,000.00) (382,632.72) (60,000.00) December 14, 2010 Appropriation to purchase property and house at 5755 Crystal Creek D Balance at February 8, 2011 $2 Major County Capital Reserve (Projects in the ClP, debt payments to expedite projects identified in ClP, and land purchase opportunities.) Unaudited balance at June 30, 2010 $883,539-00 Balance at February 8, 2011 Submitted By Rebecca E. Owens Director of Finance Approved By B. Clayton Goodman III County Administrator $883,539.00 L -3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2919 -2011 Original Budget $ 199,999.99 July 13, 2919 Appropriation for Legislative Liaison (24,999.99) December 14, 2919 Appropriation for Special Election January 11, 2911 (19 January 11, 2911 Appropriation for additional audit fees (8 Balance at February 8, 2911 $ 48,282.59 Submitted By Rebecca E. Owens Director of Finance Approved By B. Clayton Goodman III tWe County Administrator ACTION NO. ITEM NO. M -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DA7rE: February S, 2011 AGENDA ITEM: Work session to discuss fiscal year 2011 -2012 budget development SUBMITTED BY: Brent Robertson Director of Management and Budget APPROVED BY: B. Clayton Goodman 111 gr County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside to provide an update on fiscal year 2011 -2012 budget development. An overview of the following areas will be presented for discussion: • Review mid -year expenditures at 12/31/10 (operating departments) • Update on current year (fiscal year 2010 -2011) revenue projections • Preliminary review of fiscal year 2011 -2012 local and state revenue projections • Virginia Retirement System (VRS) funding and legislative update • Review of Health Insurance reserves El L i i O � O � O Q N LL m LL w m cu w 00 rn 0 m 00 r-I 'I O o 0 0 Ln suoillI W i ai ~ C +r � O O a�i Q o \ ° \ o o \ o \ ° \° off off° o o \ O \ o \ o \ o o c O \ o 0 0 0 0 \ O \ 3 H 00 N 00 cn O O 0) 01 O 01 01 M t0 r1 Ln O O 4 * O tD O) O r1 tD O Rt M ^ N M a� w M 01 O O tD ri O I� 00 C1 LA O1 M N ri I 01 OR r-I r-I 00 00 N ri M LA N LA 4w m m a O O M R* � RT RT R* M � %-i R* r-1 N M M � R* d' L � Q* R* Rt Rt to � � t O c _ 4-0 +a L O (� , 0 v O LA G1 N t0 M N RT 00 (n LA r-1 N M M LA Ln W Ln N Ln O N LA O C O 00 01 01 C1 rl tG N ^ N 00 rl O N rl m Rt -4 lG N M 00 tG G r �p 1 � M N 11 M M r1 r1 RT R RT N ^ O M R* W LA 00 LA r1 • (.) r Oi r-I O M 0 01 N 00 r1 M p t0 00 N M N N N W O O M � O r LA 0) % W p� t0 LA O 01 N 01 00 LA v-1 p N N M r-I In M N t0 LA On O1 O M N rl m N N M N R* LA M LA Ln N M LA 00 V-1 N bb N O E L N LL fa N O CL a L N r M r1 M N r1 N M R* r1 ^ tD tD O tD Ol r-1 r-1 N 00 -11 to Rt 00 r1 N c t0 Rl Ln O1 M N 00 N cn 00 W 01 t0 N Ln M 00 M O 00 O 00 00 LA O N % Q N O = N � Ln 00 O LLn O1 R* t0 O O N ch R* N Ln 01 M LOA r-I t0 R* N LA O 00 LA 00 Of Ln • R* 00 M r-1 00 RT M 00 r-1 N r1 O N N N 00 00 N r tG N RT w t0 LA 00 m LL X r rrq O 00 r-1 N M N M R N M � 00 r-I M N M N rq M LA ILO r M LA N W NO O Ln � A W M C1 00 O S O Ln two � C 00 r lD I� CU L r-I 4 Ln V O 1 D m r4 r-I M m o L i i O � O � O Q N LL m LL w m cu w 00 rn 0 m 00 r-I 'I O o 0 0 Ln suoillI W i ai ~ C +r � O O a�i Q o \ ° \ o o \ o \ ° \° off off° o o \ O \ o \ o \ o o c O \ o 0 0 0 0 \ O \ 3 H 00 N 00 cn O O 0) 01 O 01 01 M t0 r1 Ln O O 4 * O tD O) O r1 tD O Rt M ^ N M a� w M 01 O O tD ri O I� 00 C1 LA O1 M N ri I 01 OR r-I r-I 00 00 N ri M LA N LA 4w m m a O O M R* � RT RT R* M � %-i R* r-1 N M M � R* d' L � Q* R* Rt Rt to � � t O c _ 4-0 +a L O (� , 0 v O LA G1 N t0 M N RT 00 (n LA r-1 N M M LA Ln W Ln N Ln O N LA O C O 00 01 01 C1 rl tG N ^ N 00 rl O N rl m Rt -4 lG N M 00 tG G r �p 1 � M N 11 M M r1 r1 RT R RT N ^ O M R* W LA 00 LA r1 • (.) r Oi r-I O M 0 01 N 00 r1 M p t0 00 N M N N N W O O M � O r LA 0) % W p� t0 LA O 01 N 01 00 LA v-1 p N N M r-I In M N t0 LA On O1 O M N rl m N N M N R* LA M LA Ln N M LA 00 V-1 N bb N O E L N LL fa N O CL a L N r M r1 M N r1 N M R* r1 ^ tD tD O tD Ol r-1 r-1 N 00 -11 to Rt 00 r1 N c t0 Rl Ln O1 M N 00 N cn 00 W 01 t0 N Ln M 00 M O 00 O 00 00 LA O N % Q N O = N � Ln 00 O LLn O1 R* t0 O O N ch R* N Ln 01 M LOA r-I t0 R* N LA O 00 LA 00 Of Ln • R* 00 M r-1 00 RT M 00 r-1 N r1 O N N N 00 00 N r tG N RT w t0 LA 00 m LL X r rrq O 00 r-1 N M N M R N M � 00 r-I M N M N rq M LA ILO r M LA N W aA Q O O O O O a Q O � L! 00 r lD I� CU L r-I 4 Ln L m w O 00 Ln r4 r-I M m (D M , O' c %D cn t0 N c m � Ln � a 0 o a) N LL m LL w m N Ln co r-I � O Ln rn O Q ■ N O ca ca ° � mo o0 m I� Ln I- ° Ol M o lD m Ln o ri � Ln N 1- W 1n N n _N L O IN c6 O N Q m � 65 00 Ol 1 N r � RT u ca m o oo M Ln O Q m O r•i N O :t! r O rq m p E O O E r-1 N lD r14 I'D 06 rNT N 3 ; % >- fl. 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C U] V cu CU V) CD E .. 0 W LL L ±r L L ±r -E W � J L U L) 0] W N N 0�3 L) u �[ U co U C: U CU > p] [I] L L L 0 -� L [r �� &- C: � c C: Q3 N Q3 Q3 Q3 _r_ U Z U] cu v :� CD U ❑ 5, a a M c m ao o co U o o a3 CL CL� n s � � o co ii 0 0 0 �, ai ai ai � a � c U) a� W -E C: C: ` Q w c #--I . �J CU �j W U) 0] 3: s` [� L l � Q3 - o W Wo w _ =) A AT A REGULAR MEETING of THE BOARD of SUPERVISORS of ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 8, 2011 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE of VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2 -3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each men -- fiber's 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. P-1 PETITIONER: Jatin Patel CASE NUMBER: 01- 112011 Board of Supervisors Consent 1" Reading Date: December 14, 2010 Planning commission Hearing Date: January 4, 2011 Board of Supervisors Hearing & 2 nd Reading Data: February S, 2011 A. REQUEST The petition of Jatin Patel to obtain a Special Use Permit in a C -2, General Commercial, District for the purpose of operating a convenience store and fast food restaurant on 0.844 acre, located in the 8000 block of Plantation Road, Hollins Magisterial District. B. ciTiZEN COMMENTS One citizen spoke in regard to this special use permit petition. Carl Slate, an adjacent property owner residing at 7838 Friendship Lane, expressed concern over fuel storage tanks in a filled area and the impact on the existing watercourse that runs through his property. Additionally, Mr. Slate noted the proposed convenience store's proximity to existing convenience stores and made reference to VDOT not allowing a commercial entrance for an Arby's restaurant that was proposed further south on Plantation Road. C. SUMMARY OF COMMISSION DISCUSSION Mr. Jarrell recused himself from this public hearing. Ms. Hooker asked for clarification on the height of lights; a maximum of 28 feet was requested by the petitioner, however, staff recommended a condition - that limits light height to 20 feet to coincide with the proposed canopy height. Mr. McNeil asked the petitioner's engineer to provide more information on the proposed entrance location and discussions with VDOT. The representative from Balzer and Associates, Inc. explained that the entrance will be permitted, however, the exact location on the site was not known at the time of the public hearing. The concept plan will remain substantially the same, the position of the convenience store may move to the northern part of the property, near McDonald's, or to the rear of the site depending on where the entrance is permitted. Mr. McNeil asked if there would be any precautions to ensure that cars and pedestrians did not go down the steep slope at the rear of the property. The applicant's engineer replied that there would be adequate safety measures taken. The applicant's representative requested that the condition limiting signage on the building and canopy facades to 5% be increased. Ms. Hooker asked staff from where this limit came; staff indicated that the limit was taken from the Williamson RoadlHollins Village Design Guidelines. Mr. McNeil then asked the applicant's engineer to speak to the drainage concerns expressed during the citizen comment period. The applicant's representative explained that stormwater would be detained underground and then discharged into an existing watercourse. Mr. Radford asked where the underground storage tanks would be located; the applicant's engineer said he was unable to provide an exact location but there are several different scenarios that can be utilized. P -1 D. CONDITIONS 1. The development of the property shall be in substantial conformance with the concept plan titled, "Hollins Citgo Mart," prepared by Balzer and Associates, Inc. revised December 22, 2010 with the location of the entrance on Plantation Road subject to VDOT approval. 2. The building shall be constructed in substantial conformance with the building elevations titled, "Exhibit B — Building Elevations," prepared by Balzer and Associates, Inc. dated December 22, 2010. 3. The color of the brick veneer on the exterior of the convenience store building shall be consistent with the existing buildings at Hollins University as shown in Exhibit C, dated December 22, 2010. 4. The dumpster enclosure shall be brick construction to match the building fagade. 5. Signage on the building fagade shall occupy no more than five (5) percent of the building fagade area. Signage placed on the canopy shall occupy no more than five (5) percent of the canopy fagade area. 5. The canopy shall not exceed twenty (20) feet in height. 7. Lighting in the canopy shall be recessed and directed downward and inward into the site. 8. Light poles and fixtures shall be black, gray, or grayish- brown. Light fixtures shall be directed downward and inward into the site and the top of any light fixture shall be less than 20 feet in height. 9. one freestanding monument sign shall be provided for this development. The appearance of the sign shall be in substantial conformity to the rendering titled, "Exhibit G Monument Signage," prepared by Balzer and Associates, Inc. dated December 22, 2010 and the size shall be limited to 16H x 1o'W. 10. The fast -food restaurant shall be located within the convenience store building and shall be no larger than fifteen hundred (1,500) square feet in area. E. COMMISSION ACTION Ms. Hooker made a motion to approve the special use permit request with ten conditions. The motion carried 4 -0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: X Concept Plan X Vicinity Map X Staff Report X Other Philip Thompson, Secretary Roanoke County Planning Commission STAFF REPORT Petitioner: Jatin Patel Request: To obtain a Special Use Permit in a C -2, General Commercial, District for the purpose of operating a convenience store and fast food restaurant. Location: 8000 block of Plantation Road Magisterial District: Hollins Suggested 1. Conditions: The development of the property shall be in substantial conformance with the p p p y concept plan titled, "Hollins Citgo Mart," prepared by Balzer and Associates, Inc. revised December 22, 2010. 2. The building shall be constructed in substantial conformance with the building elevations titled, "Exhibit B — Building Elevations," prepared by Balzer and Associates, Inc. dated December 22, 2010. 3. The color of the brick veneer on the exterior of the convenience store building shall be consistent with the existing buildings at Hollins University as shown in Exhibit C, dated December 22, 2010. 4. The dumpster enclosure shall be brick construction to match the building fagade. 5. Signage on the building fagade shall occupy no more than five (5) percent of the building fagade area. Signage placed on the canopy shall occupy no more than five (5) percent of the canopy fagade area. 6. The canopy shall not exceed twenty (20) feet in height. 7. Lighting in the canopy shall be recessed and directed downward and inward into the site. 8. Light poles and fixtures shall be black, gray, or grayish- brown. Light fixtures shall be directed downward and inward into the site and the top of any light fixture shall be less than 20 feet in height. 9. One freestanding monument sign shall be provided for this development. The appearance of the sign shall be in substantial conformity to the rendering titled, "Exhibit G — Monument Signage," prepared by Balzer and Associates, Inc. dated December 22, 2010 and the size shall be limited to 15'H x 10'W. 10. The fast -food restaurant shall be located within the convenience store building and shall be no larger than fifteen hundred (1,500) square feet in area. EXECUTIVE SUMMARY: Jatin Patel is requesting a special use permit for the purpose of operating a convenience store and fast food restaurant on 0.844 acre in the 8000 block of Plantation Road. The site and adjacent properties are currently zoned C -2, General Commercial. A convenience store and fast food restaurant are allowed only by a special use permit in the C -2 District. It is anticipated that the fast food restaurant will be located inside the convenience store and total square footage will not exceed 1,500 square feet. No fast food restaurant is proposed at this time; however, the applicant is requesting the special use permit in the event a tenant wanted to lease a separate space of its own. The request meets the requirements of the Roanoke County Zoning Ordinance. The request is in conformance with the 2005 Community Plan which designated the site as Core, areas where high intensity urban development is encouraged. The proposed use is consistent with the surrounding neighborhood and existing commercial uses. 1. APPLICABLE REGULATIONS This application is for a convenience store and fast food restaurant in a C -2, General Commercial, District and is subject to the regulations in that zoning district. A convenience store is allowed only by special use permit in the C -2 District and is subject to the following use and design standards: A. General standards: 1. Limited sale of foods prepared on the premises may be allowed provided no more than twenty (20) percent of the floor areas is devoted to seating facilities. Seating areas in excess of this shall constitute a fast food restaurant. 2. Exterior display of merchandise for sale is allowed under the following conditions: a. On a paved walkway within three (3) feet of the building. b. Ice machines and soft drink vending machines, in operating condition, shall be stored under roofed areas. 3. The display of vehicles "for sale" is prohibited. A fast -food restaurant is also only allowed by special use permit in the C -2 District. The use and design standards for this use are not applicable to this petition. 2. ANALYSIS OF EXISTING CONDITIONS Background — The property is owned by Jatin Patel. It is 0.844 acre and zoned C -2, General Commercial. The site is currently vacant; the lot is not currently served by any public utilities though both water and sewer are available (Availability No. 07 -342). The property was rezoned to C -2C, General Commercial District with Conditions, in December 1988 to allow for the construction of a motor vehicle service center subject to six conditions. The motor vehicle service center was never constructed. The petitioner, Jatin Patel, rezoned the property in 2007 from C -2C to C -2 in order to remove the proffered conditions. A site plan was approved for a Sleep Inn hotel to be built on the property; however, it was never constructed. Topograph /vegetation — The lot is relatively rectangular in shape. The front 120 feet of the property is flat and covered with natural vegetation. The back of the parcel (70 feet) is wooded with a severe slope near the rear property line. Surrounding Neighborhood — The subject property is located immediately off of Interstate 81 on Plantation Road. The subject property and all adjacent properties are zoned C -2, General Commercial, District and are commercial in use. There is a McDonald's restaurant immediately north or the property and two existing gasoline stations /convenience stores across Plantation Road. Additionally, there are several hotels, big box stores and large employers, like Wachovia, in the area. There are four parcels on Keaton Drive that are zoned R -1, Low Density Residential, and residential in use but they are buffered from the site by a significant elevation change. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture — The convenience store is proposed to be approximately 4,500 square feet and located on the southern portion of the property. Eight gas pumps are proposed to be located under a 24'W x 1081 x 20'H canopy that connects to the convenience store. Parking is proposed immediately in front of the store and on the northern portion of the property, near McDonald's. The rear 40' of the property will remain undeveloped. The concept plan meets the requirements of the Roanoke County Zoning Ordinance. It is anticipated that the fast food restaurant will be located within the convenience store and will be less than 1,500 square feet; no drive - through aisle is planned. The fast food restaurant is not shown on the concept plan; however, the petitioner is requesting the special use permit in the event a tenant wanted to lease a separate space of its own within the building. This site falls within the area subject to the Williamson Road /Hollins Village Design Guidelines. The proposed building is being designed to blend in with the Hollins area by incorporating an architectural roofline /portico that will direct pedestrians to the front door and by utilizing brick material that is generally consistent with the existing buildings at Hollins University. Portions of the Williamson Road /Hollins Village Design Guidelines have been integrated into the site's design; the front setback is at 30' and the building coverage will be less than 50% of the site. One free - standing monument sign with a base matching the building's exterior will be provided for the site and will be landscaped to be consistent with the Design Guidelines. Exterior lighting will be less than 25 feet in height and all poles and fixtures will either be black, gray, gray -ish brown or natural earth tones in color. Access /Traffic Circulation —Access to the property is proposed from Plantation Road and approximately 50 feet from the McDonald's entrance driveway. The petitioner submitted a turn lane analysis as part of the application. According to the petitioner's engineer, "a right -turn taper is warranted on the site access drive off of northbound Plantation Road... [this] can be accomplished through [the] addition of pavement markings on existing wide, right -lane shoulder." Also, "a left -turn lane with 50 -ft of storage is warranted on southbound Plantation Road. The existing center two -way left -turn lane on [Plantation Road] will provide the required left turn lane storage." The Virginia Department of Transportation reviewed the rezoning request and had several comments. First, the proposed special use permit may result in an increase in potential traffic generated from the site. The minimum site distance appears to be adequate in both directions but should be field verified. Due to the proposed change in use, the VDOT Access Management Design Standards for Entrances and Intersections must be adhered to where applicable. In this case, the commercial entrance spacing standards will apply. Additionally, although a trip generation and turn lane warrant analysis for the proposed use was submitted, the information must be resubmitted for review and approval at the site plan review. A commercial entrance permit and /or a land use permit will be required for work within the VDOT right -of -way. VDOT also noted that the site may be impacted by potential interchange improvements or widening of 1 -81 at this location. As of December 15, 2010, the applicant's engineer is working with VDOT to submit an exception to the Access Management Guidelines for the site. Fire & Rescue /Utilities — The Roanoke County Fire Marshal's Office has no objectional issues with the submitted plan. The proposal to have a fast food restaurant incorporated into the convenience store does add to the Fire Marshal's Office inspection load as restaurants are one of their priority inspections. The Western Virginia Water Authority wrote an availability letter (07 -342) for this property in 2007. Water is available by connecting to the 8 inch line across Plantation Road or off of Keaton Drive providing a private easement; it may not be taken off of the 36 inch transmission line. Sewer is available by connecting to the 8 inch line that parallels Plantation Road. 3 General service will not provide garbage service to the site; dumpster service is required. Screening and Buffering The site must be developed in conformance with Section 30 -92, Screening, Landscaping, and Buffer Yards. The zoning ordinance does not require additional screening or buffering as the adjacent properties are zoned C -2, General Commercial. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The property is designated Core in the 2005 Roanoke County Community Plan. Core areas are where high intensity urban development is encouraged. These areas may also be appropriate for larger -scale highway - oriented retail uses and regionally -based shopping facilities. Typical land use types include general retail shops and personal services, office and institutional uses and limited industrial uses. The request is consistent with the policies and guidelines in the Community Plan. The proposed use, a convenience store with gas pumps and a fast food restaurant, is appropriate for the area given the proximity to other commercial uses, Plantation Road and Interstate 81. It will provide services to travelers and those employed in the Hollins area. Additionally, all adjacent parcels are also designated Core in the 2005 Community Plan. 5. STAFF CONCLUSIONS The request meets the requirements of the Roanoke County Zoning Ordinance and the 2005 Community Plan. The concept plan integrates several features from the Williamson Road /Hollins Village Design Guidelines such as building setback and coverage, a proposed monument sign and building architecture that is generally consistent with the existing buildings at Hollins University. Suggested conditions include: 1. The development of the property shall be in substantial conformance with the concept plan titled, "Hollins Citgo Mart," prepared by Balzer and Associates, Inc. revised December 22, 2010. 2. The building shall be constructed in substantial conformance with the building elevations titled, "Exhibit B — Building Elevations," prepared by Balzer and Associates, Inc. dated December 22, 2010. 3. The color of the brick veneer on the exterior of the convenience store building shall be consistent with the existing buildings at Hollins University as shown in Exhibit C, dated December 22, 2010. 4. The dumpster enclosure shall be brick construction to match the building fagade. 5. Signage on the building fagade shall occupy no more than five (5) percent of the building fagade area. Signage placed on the canopy shall occupy no more than five (5) percent of the canopy fagade area. 6. The canopy shall not exceed twenty (20) feet in height. 7. Lighting in the canopy shall be recessed and directed downward and inward into the site. 8. Light poles and fixtures shall be black, gray, or grayish- brown. Light fixtures shall be directed downward and inward into the site and the top of any light fixture shall be less than 20 feet in height. 9. One freestanding monument sign shall be provided for this development. The appearance of the sign shall be in substantial conformity to the rendering titled, "Exhibit G — Monument Signage," 2 prepared by Balzer and Associates, Inc. dated December 22, 2010 and the size shall be limited to 15' H x 10'W. 10. The fast -food restaurant shall be located within the convenience store building and shall be no larger than fifteen hundred (1,500) square feet in area. CASE NUMBER: PREPARED BY: HEARING DATES: 01- 112011 Amanda C. Micklow PC: 01/04/2011 ATTACHMENTS: Application Materials Aerial Photograph Zoning Map Future Land Use Map Site Inspection Photographs C -2 Zoning District Regulations Use and Design Standards for Convenience Store and Fast Food Restaurant BOS: 01/25/2011 5 Count of Roanoke Communit Development Plannin & Zonin 5204 Bernard Drive P 0 Box 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 For Staff Use Onl Date received: Received b M(Zj Application fee: PC/9A date: A C Placards ISSLIed: BOS date: ,Case Number ALL APPLICANTS Check t of application filed (check all that appl El Rezonin XSpecial Use 0 Variance 0 waiver ❑ Administrative Appeal 0 Comp Plan ( 15.2-2232 ) Review Applicants name/address whip -S'N'tj 9A`' L. Phone: (SLIO Swo-0:Sq I 9 X-tft i4po Arc - lyc-, Work: IZQTI� C-OrLeamVC .A CA- Cell #: 3K%q-4)q!h4 VA t4o (9 Fax No.: f 5 3 (a (0 -- Owner's name/address whip Phone #: S A & 4 * 6 Pf S Work: APPLA &) T— Fax No. 4: Propert Location Ma District: g ot.&1 03 'P%,A Pr T % t, P3 AV Communit Plannin area: H Planning 0L%-%JA3S Tax Map No.: 0 7--o's. 00 Existincr Zoning: C,'L Size of parcel(s): Acres: 0.1B%jq _Existin Land Use: 1 AL44 -r REZONING, SPECIAL USE PERMIT, I-VAI VER AND COMP PLAN (15.2-2232) RE VIE W APPLICANTS ( R/S /W /C P Proposed Zonin CZ %Wj s.0.9. Z7� Proposed Land Use: AS SrA'r1wJ 01 Ati FAS-r-f aao %UmrAoaA4' Does the parcel meet the minimum lot area, width, and frontage re of the re district? Yes X No IF N0 A VARIANCE IS RE FIRST. Does the parcel meet the minimum criteria for the re Use T Yes No IF NO A VARIANCE IS RE FIRST If rezonin re are conditions bein proffered with this re Yes No VARIANCE, TVAIVER AND ADMINISTRATIVE APPEAL APPLICANTS ( V/JF/AA ) Variance/Waiver of Section(s) of the Roanoke Count Zonin g Op' lance in order to: f Appeal of Zonin Administrator's decision to Lj 10 L- Ll Appeal of Interpretation of Section(s): of the Roanoke Count Zonin Appeal of Interpretation of Zonin Map to Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTEDI-F- ANY OF THESKITEMS ARE MISSING OR INCOMPLETE. R/S/VNI/CP V/AA RJS/-NV/CP V/AA R/S[W/CP V/AA Consultation 8 1/211 x I I" concept plan Application fee Application Metes and bounds description Proffers. if applicable Justification Water and sewer application Adjoinin property owners I hereb certif that I am either the owner of the propert or the owner's a r ontract purchaser and am actin with the knowled and consent of the owner. Owner"s Si 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2 - 2232) REVIEW REQUESTS Applicant The Planning Commission will study rezoning, special use permit waiver or community plan ( 15.2 -2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. Please explain how the project conforms to the genet guidelines and policies contained in the Roanoke County Community Plan. A, , =,�_K Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and lire and rescue. ST(�TEMF OJT O F TOS T 1 F % CA O Pl 3 pt r Community Development Planning & Zoning Division POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND /OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic - generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff and VDOT reserve the right to request a traffic study at any time, as deemed necessary.) High Traffic -- Generating Land Uses: • Single - family residential subdivisions, Multi - family residential units, or Apartments with more than 75 dwelling units • Restaurant (with or without drive - through windows) • Gas station/Convenience store/Car wash • Retail shop/Shopping center • Offices (including: financial institutions, general, medical, etc.) • Regional public facilities ■ Educational/Recreational facilities • Religious assemblies • Hotel/Motel • Golf course • Hospital/Nursing home/Clinic • Industrial site/Factory ■ Day care center • Bank • Non - specific use requests Road Network Situations: • Development adjacent to /with access onto/within 500 -ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc) • For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly • When required to evaluate access issues • Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six -Yr Road Plan, etc.) • Development in an area where there is a known existing traffic and/or safety problem • Development would potentially negatively impact existing /planned traffic signal(s) • Substantial departure from the Community Plan • Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day Effective date; April 79, 2005 7 Community Development ' Y Planning & Zoning Division NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision waiver, Public Street waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND /OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in malting a land use decision (Note: a list of potential land arses and situations that would necessitateArther study is provided as part of this application package). This continuance shall allow suff cient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective date: April 19, 2005 Name of Petit" Petit oner's Signature Date 8 CONCEPT PLAN CHECKLIST . ................. . ............... A concept pla'n of the proposed project must be submitted with the application. The concept plan shall g raphicall y depict the land use chan development or variance that is to be considered. Further, the plan shall address an potential land use or desi issues arisin from the re In such cases involvin rezonin the applicant ma proffer conditions to limit the future use and development of the propert and b so doin correct an deficiencies that ma not be mana b Count permittin re The concept plan should not be confused with the site plan or plot plan that is re prior to the issuance of a buildin permit. Site plan and buildin permit procedures ensure compliance with State and Count development re and ma re chan to the initial concept plan. Unless limitin conditions are proffered and accepted in a rezonin or imposed on a special use permit or variance, the concept plan ma be altered to the extent permitted b the zonin district and other re A concept plan is re with all rezonin special use permit, waiver, communit plan (15.2-2232) review and variance applications. The plan should be prepared b a professional site planner. The level of detail ma var dependin on the nature of the re The Count Plannin Division staff ma exempt some of the items or su the addition of extra items, but the followin are considered rninimurn: ALL APPLICANTS voo'f a. Applicant name and name or development V" b. Date, scale and north arrow el''' c. Lot size in acres or s feet and dimensions ve' d. Location, names of owners and Roanoke Count tax map numbers of adjoinin properties e. Ph FeatUl-CS such as g round cover, natural watercourses, floodplain., etc. f. The zonin and land use of all adjacent properties g . All propert lines and easements V/ h. All buildin existin and proposed, and dimensions, floor area and hei uo/ i. Location, widths and names of all existin or platted streets or other public wa within or adjacent to the development V"" j. Dimensions and locations of all drivewa pat-kin spaces and loadin spaces A(Hitional i t-e REZONING and SPECIAL USE PERMIT APPLICANTS ✓ kc. Existin utilities ( water, sewer, storm drains) and connections at the site 1. An drivewa entrances/exits, curb openin and crossovers v1 ni. Topo map in a suitable scale and contour intervals v/ n. Approximate street g rades and site distances at intersections V/ o. Locations of all adjacent fire h p. An proffered conditions at the site and how the are addressed q . If project is to be phased, please show phase schedule I certif that all items re e checklist above are complete. 0 Si of appli Date R O rd ct Cd con t1b 4 O > N cn cn cz cd u cf) U cd Cn C) UO as ;Z UD ct 75 Cd ,3 0 C 0 0 bo CIO ci r, f:4 C5 ct al 1:-. 1q cz o3 co p Ln 00 O 4-j aj a) cj GO COO 03 3: COD I u 4-4 73 .,.. co 0 .� z 91 4-4 < 'dow z Ld � U-A cd Q) a, 14 0 4- Cj � � ct Do cn cq3 �� N cn 73 cc O cc ;z 7� al 0 0 7 s cz C,3 0 o 4.� 74.- C�3 a3 ct rw Go 4- '� U C) cz p5 rtj C3 O g-. O 4-1 4. ro I=q Ic; ct r-4 > cz: C) cz (L) C) 0 4- 0 0 rc� 7� r. >� r� 4-j g .- a> 2 C8 cl, ;> ct En En to ct —0 � v � � by � � ,� 2=` � v � '�" .� � O 4— cn O J ) 140 cn cd cz � 0 : . o -C:; 7� 5 C � j 0 C�3 g cz cl V) -5 z E CZ3 vi J) I co aj V C13 C ci -0 CZ to z C U to � 7:1 2 DO = 0 o cz 14� C4 C, 03 C v O Ct Ct + Z > t cz ct rl m ai U bJO ca O 7:3 cn � cc to 0 Lo -4� 73 C as c;j Special Use Permit for Parcel 018.18 -02 -03.00 Proposed Use: Gas Station with Convenience Store and Fast Food Restaurant Legal Description of Subject Pro er : BEGINNING AT A POINT on the easterly Right-of-Way line of Plantation Road (Route 115) at the southwesterly corner of Parcel "A" as shown on "Resubdivision for William. C. & Eunice G. Hale and Robert G. & Pauline A. Hale" recorded in Plat Book 11, Page 19; thence along the southerly line of said Parcel "A" N65'00' 10"E, 185.34 feet to a point on the westerly line of Parcel "C" as shown on said Resubdivision plat; thence along the westerly line of said Parcel "C" S20 5"E, 187.49 feet to a point on the northerly line of N/F Carl Slate & Carol Ann Hughes (Deed Book 1195, Page 1951); thence leaving the line of said Parcel "C" and continuing along the northerly line of said Hughes property S65'00'1 0"W, 201.48 feet to a point on the easterly Right -of -way line of Plantation Road; thence leaving the line of said Hughes property and continuing along said Right-of-Way line the following: NI 8°2 8' 00 "w, 137.47 feet to a point; thence N08'26'24 "w, 52.53 feet to the POINT OF BEGINNING, containing 0.844 acres and being Parcel "B" as shown on "Resubdivision for William C. & Eunice G. Hale and Robert G. & Pauline A. Hale" recorded in the clerk's office of the circuit court of Roanoke County, Virginia in Plat Book 11, Page 19. Special Use Permit for Parcel 018.18 -02 -03.00 Proposed Use: Gas Station with Convenience Store and Fast Food Restaurant A(Hoining Properly owners TM #: 18.18 -02 -01.00 McDonalds Corporation 8115 Plantation Road 1.22 AC Zoning: C2C Billing .address: MKC Enterprise Attn: Michael Grimm 2965 Colonnade DrNe Suite 310 Roanoke, VA 24018 TM #: 18.18 -01 -08.00 S V S Hospitality Inc. 8110 Plantation Road 0.85 AC Zoning: C2 Billing address: Venkat Reddy President 8040 Plantation Road Roanoke, VA 24019 TVI #: 18.18-02-04.00 Slate Carl & Carol Ann Hughes Slate 7538 Friendship Lane 3.54 AC Zoning: C2 Billing .address: Slate Carl & Carol Ann. Hughes Slate 7538 Friendship Lane Rollins, VA 24019 Balzer & Associates Inc. TM #: 18.18 -02 -05.00 Commonwealth of Virginia 0 Plantation Road 2.09 AC Zoning: C2C TM #: 18.18.02 -03.01 Jatinkumar R. Patel 0 Keaton Drive 1.14 AC Zoning: C2 Billing Address: Jatinknmar R. Patel 8118 Plantation Road Roanoke, VA 24019 Balzer & Associates Inc. VINIOHIA'�NONVOH -�OklNnoo 6 SNI-1-10H nas �� ° \ ❑ E C) j 1 ;o ? 9 . 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W W © --- 114 0 UP) u ' 1 EXHIBIT D - PROPOSED CANOPY DECEMBER 22, 2010 cz zm G0— ci LLJ CL E W cv wa Z; to n I-F 0 I LU U) LU 47 Cq uj N co w ) uj LLI 0 I iRll Ith 11 1� z 0 LU J LLJ 0 z F3 as 0 Z 3 Co LL 04 t N w LU LU X (.) a w 0 to t WIDTH 12' BRICK BASE HEIGHT 15' EXHIBIT G - MONUMENT SIGNAGE DECEMBER 22, 2010 TURN LANE ANALYSIS :p a] 'j H13LLINS CITE313 MAFT10i MW Plantation Road ROANOKE COUNTY, VIRGINIA Tax MAP No. 018.18-02-03.00 DATE: November 3, 2010 B &A PROJECT #R0700077.0' PLANNERS ARCHITECTS ENGINEERS SURVEYORS 1208 Corporate Circle Roanoke, Virginia 24018 Phone(540) 772 -8050 REFL.ECT11" TOMORROW ➢ Existing and Future Daily and Peak Hour Traffic on Plantation Rd 2009 VDOT published data lease see Attachment a: AADT = 13,000 Directional Factor = 0.859 K Factor = 0.101 0% growth rate assumed for Plantation Road based on no increase in VDOT traffic count from 2000 to 2009. Therefore, current AADT is assumed to also be 13,000 vehicles per day. It was assumed that the majority of traffic is traveling toward Interstate 81 in the AM peak hour and away from Interstate 81 in the PM peak hour. Traffic Impact Analysis r Hollins Citgo Mart November 3, 2010 ➢ Site Location: Tax Parcel # 018.18 -02 -03.00 Existinq_ Hour Traffic Data ➢ Potential Site Generated Traffic: The policies and procedures found in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 7th Edition, were employed to determine the potential site - generated traffic volumes for the proposed development. Traffic volumes for the average weekday and weekday peak hours of the adjacent street traffic are provided and illustrated in the Table and Figure below, respectively. The trip generation calculation was based on the proposed gas station with convenience store. A possible future fast food restaurant is also included in the calculation to analyze the full potential buildout of the site. Weekday traffic for the fast food restaurant without drive -thru is not shown in the ITE tables, so an assumption had to be made to estimate this traffic. It was assumed that this use would generate approximately 75% as much traffic as a fast food restaurant with drive thru (ITE 934). The traffic was estimated for a 1,250 s.f. fast food restaurant with drive thru and multiplied by 75% to achieve the number shown in the table. This appears to make sense with the peak hour trip generation numbers. Traffic Impact Analysis Hollins Citgo Mart November 3, 2010 K - Q a� R R �-�� rya Projected Daily and Peak Hour Site - Generated Traffic Data Plantation Rd, Rte 115 73 62 (71) (69) SITE KEY 49 = VehlHr AM Peak Hr ADT = 1,757 vpd (00) = VehlHr PM Peak Hr �;> Turn -Lane Requirements: The analyses to determine future turn -lane requirements at the intersection of Plantation Rd, Rte 115, and the proposed access point to serve the proposed development were done so by following the procedures and methodologies found in the VDOT Road Design Manual, Volume 1, Appendix C. Based on the nature of the proposed land uses, that it was assumed that the site - generated traffic would be distributed with the same directional split as Plantation Rd, Rte 115. Traffic Impact Analysis Hollins Citgo Mart November 3, 2010 '41 1760 Trip Generation Land Use AM PEAK HOUR PM PEAK HOUR DAILY Proposed ITE Independent Development Code Variable Enter Exit Total Enter Exit Total Total Gas Station 945 8 Pumps 40 40 80 54 53 107 1 wl C -Store Fast Food 933 ,250 S. F, 33 22 55 17 16 33 465 Restaurant TOTAL 73 62 735 77 69 740 1 Projected Daily and Peak Hour Site - Generated Traffic Data Plantation Rd, Rte 115 73 62 (71) (69) SITE KEY 49 = VehlHr AM Peak Hr ADT = 1,757 vpd (00) = VehlHr PM Peak Hr �;> Turn -Lane Requirements: The analyses to determine future turn -lane requirements at the intersection of Plantation Rd, Rte 115, and the proposed access point to serve the proposed development were done so by following the procedures and methodologies found in the VDOT Road Design Manual, Volume 1, Appendix C. Based on the nature of the proposed land uses, that it was assumed that the site - generated traffic would be distributed with the same directional split as Plantation Rd, Rte 115. Traffic Impact Analysis Hollins Citgo Mart November 3, 2010 '41 1760 Righ t- Turn Lane from NB Plantation Fed to Site AM Peak Hour Analysis: - 41 vehicles per hour turning right into site from Plantation Rd - Approach Volume = 734 VPH Plantation Rd NB -- Right -turn lane requirement, as per VDOT Road Design Manual, Appendix C: Taper Required (please see Attachment 2 ). PM Peak Hour Analysis: - 31 vehicles per hour turning right into site from Plantation Rd - Approach Volume = 579 VPH Plantation Rd NB -- Right -turn lane requirement, as per /DOT Road Design Manual, Appendix C: Taper Required (please see Attachment 2 ). Left- Turn Lane from SB Plantation Rd to Site AM Peak Hour Analysis: - 32 vehicles per hour turning left into site from Plantation Rd - opposing Volume = 734 VPH Plantation Rd NB - Advancing Volume = 579 VPH Plantation Rd SIB -- Left -turn lane requirement, as per /DOT Road Design Manual, Appendix C: Storage = 50 -ft (please see Attachment 3) PM Peak Hour Analysis: - 49 vehicles per hour turning left into site from Plantation Rd - opposing Volume = 579 VPH Plantation Rd NB - Advancing Volume = 734 VPH Plantation Rd sB Left -turn lane requirement, as per VDOT Road Design Manual, Appendix C: Storage = 50-ft (please see Attachment 3) Traffic Impact Analysis 4 BUMD_ Hollins Citgo Mart I November 3 2010 ti;yN Note. there is an existing center two -way left -turn lane on Rte 115 at this location; there is approximately 200 225 -ft of center turn lane in front of the subject property. There is also an existing wide, right -lane shoulder that is employed as a de facto right -turn lane, ➢Summary: Based on the data provided, the assumptions made, and the potential site- generated traffic, the results of the analysis are: A A right -turn taper is warranted on the site access drive off of northbound Plantation Rd, Rte 115; o Can be accomplished through addition of pavement markings on existing wide, right -lane shoulder. 0 A left -turn lane with 50 -ft of storage is warranted on southbound Plantation Rd, Rte 115; o The existing center two -way left -turn lane on Rte 11 will provide the required left turn lane storage. Traffic Impact Analysis y 5 Hollins Citgo Mart November 3 2010 :7 r.. .i.... -.... Right-Turn Lane Left -Turn Lane Requirements Requirements AM Peak PM Peak AM Peak PM Peak Intersection Hour Hour Hour Dour Plantation Rd &Site � Taper Req d Taper Req , d S=50-ft S=50-ft Access Note. there is an existing center two -way left -turn lane on Rte 115 at this location; there is approximately 200 225 -ft of center turn lane in front of the subject property. There is also an existing wide, right -lane shoulder that is employed as a de facto right -turn lane, ➢Summary: Based on the data provided, the assumptions made, and the potential site- generated traffic, the results of the analysis are: A A right -turn taper is warranted on the site access drive off of northbound Plantation Rd, Rte 115; o Can be accomplished through addition of pavement markings on existing wide, right -lane shoulder. 0 A left -turn lane with 50 -ft of storage is warranted on southbound Plantation Rd, Rte 115; o The existing center two -way left -turn lane on Rte 11 will provide the required left turn lane storage. 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S 71 N1 200 400 600 800 1000 1200 1400 PHV APPROACH TOTAL, VEHICLES PER HOUR LEGEND PHV- - Peak Hour Volume (also Desi Hourl Volume e A for Rkiht Turns If PHV is not known use formula: PHV = ADT x K x D K = the percent of AADT occurrin in the peak hour D = the percent of traffic in the peak direction of flow Note: An avera of 11 % for K x D will suffice. FIGURE C-1-9 GUIDELINES FOR RIGHT TURN TREATMENT (4-LANE HIGHWAY) 1 ........::# t C -6 MEN - 1400 1200 W 1000 0 (-D 800 0 CL_ 600 Q_ 0 400 200 ATTAU4M"T 3 FIGURE C -1 -1.1 WARRANT FOR LEFT" TURN STORAGE LANES ON FOUR-LANE HIGHWAYS When the Average Running Speed on an existing facility is available, the corresponding Design Speed may be obtained from IlM LD- 117. For plan detail requirements when curb and/or gutter are used, see VDOT's Road Desi Manual, Volume 1, Section 2E -3. . Left -turn lanes should also be established on two -lane highways where traffic volumes are high enough to warrant them in accordance with the guidelines shown in Table C -1 -2. WARRANTS FOR LEFT-TURN STORAGE LANES ON TWO -LANE HIGHWAYS The warrants in Table C -1 -2 are taken from the AASHTO "Green Book ", Exhibit 9 -75. They were derived from Highway Research Report No. 211, Figures 2 through 19, for required storage length determinations. 0 100 200 300 400 500 600 V L LEFT TURNING VOLUME (V FH) Applicants Name: Jatin Patel Roanoke County N Existing Zoning: C2 Department of Proposed Zoning: C2S p Tax Map Number. 018.18 -02- 03.00 -0000 Community Development Magisterial District: Hollins Area: 0.844 Acres Date: 11/19/2010 Scale: 1 " = 200' Roanoke County Department of Community Development Applicants Name: Jatin Patel N Existing Zoning: C2 Proposed Zoning: C2S Tax Map Number: 018.18 -02- 03.00 -0000 Magisterial District: Hollins Area: 0.844 Acres Date: 11/19/2010 Scale: 1 " = 200' Roanoke County Department of Community Development Applicants Name: Jatin Patel N Existing Zoning: C2 Proposed Zoning: C2S Tax Map Number: 018.18 -02- 03.00 -0000 Magisterial District: Hollins Area: 0.844 Acres Date: 11/19/2010 Scale: 1 " = 200' 7 71 . r _ j i I I z_ 1A IS YJAW4 IAN WR 'w. f. IS YJAW4 t e " w , v I h'a a ■ 0 SEC. 30 -54. - C -2 GENERAL COMMERCIAL DISTRICT. Sec. 30 -54 -1. - Purpose. (A) The purpose of this district is to provide locations for a variety of commercial and service related activities within the urban service area serving a community of several neighborhoods or large areas of the county. This district is intended for general application throughout the county. General commercial districts are most appropriately found along major arterial thoroughfares which serve large segments of the county's population. The C -2 district permits a wide variety of retail and service related uses. Land uses permitted in this district are generally consistent with the recommendations set forth in the transition and core land use categories of the comprehensive plan. Site development regulations are designed to ensure compatibility with adjoining land uses. (Ord. No. 042208 -16, § 1, 4- 22 -08) Sec. 30 -54 -2. - Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Residential Uses Accessory Apartment * Home Beauty /Barber Salon Home Occupation, Type Multi - Family Dwelling Two - Family Dwelling 2. Civic Uses Administrative Services Clubs Cultural Services Day Care Center Educational Facilities, College /University Educational Facilities, Primary /Secondary Family Day Care Home Guidance Services Park and Ride Facility Post Office Public Assembly Public Parks and Recreational Areas Safety Services * Utility Services, Minor 3. Office Uses Financial Institutions General Office Medical Office Laboratories 4. Commercial Uses Agricultural Services Antique Shops Automobile Dealership, New Automobile Repair Services, Minor Automobile Rental /Leasing Automobile Parts /Supply, Retail Bed and Breakfast Boarding House Business Support Services Business or Trade Schools Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communications Services Construction Sales and Services Consumer Repair Services Funeral Services Garden Center * Gasoline Station Hospital Hotel /Motel /Motor Lodge Kennel, Commercial Pawn Shop Personal Improvement Services Personal Services Restaurant, General Retail Sales Studio, Fine Arts Veterinary Hospital /Clinic 5. Industrial Uses Recycling Centers and Stations 6. Miscellaneous Uses Amateur Radio Tower Parking Facility * (B) The following uses are allowed only by special use permit pursuant to section 30 -19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Civic Uses Adult Care Residences Halfway House Life Care Facility Nursing Home Religious Assembly Utility Services, Major 2. Commercial Uses Adult Business * Automobile Dealership, Used Automobile Repair Services, Major Car Wash * Commercial Indoor Amusement Convenience Store Dance Hall Equipment Sales and Rental Manufactured Home Sales Mini - warehouse * Outpatient Mental Health and Substance Abuse Center Recreational Vehicle Sales and Service Restaurant, Drive -in and Fast Food Surplus Sales Truck Stop 3. Industrial Uses Custom Manufacturing Landfill, Rubble * Transportation Terminal 4. Miscellaneous Uses Broadcasting Tower Outdoor Gatherings (Ord. No. 82493 -8, § 2, 8- 24 -93; Ord. No. 022796 -14, § 1, 2- 27 -96; 042297 -14, § 1, 4- 22 -97; Ord. No. 042799 -11, § 2, 4- 27 -99; Ord. No. 102803 -15, § 2, 10- 28 -03; Ord. No. 102505 -7, § 2, 10- 25 -05; Ord. No. 042208 -16, § 1, 4- 22 -08) Sec. 30 -54 -3. - Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line. b. Accessory structures: Behind the front building line. 2. Side yard: None. 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. Principal structures: When adjoining property zoned R -1 or R -2, 45 feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R -1 or R -2 district is increased two feet for each foot in height over 45 feet. In all locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: actual height of principal structure. (D) Maximum coverage. 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. (Ord. No. 62293 -12, § 10, 6- 22 -93) Sec. 30- 85 -13. - Convenience Store. (A) General standards: 1. Limited sale of foods prepared on the premises may be allowed provided no more than twenty (20) percent of the floor areas is devoted to seating facilities. Seating areas in excess of this shall constitute a fast food restaurant. 2. Exterior display of merchandise for sale is allowed under the following conditions: a. On a paved walkway within three (3) feet of the building. b. Ice machines and soft drink vending machines, in operating condition, shall be stored under roofed areas. 3. The display of vehicles "for sale" is prohibited. (B) Additional standards in the NC district: 1. No convenience store shall exceed two thousand (2,000) square feet of gross floor area. 2. When adjoining a residential use type, a Type C buffer yard in accordance with Section 30 -92 shall be provided along the property line which adjoins the residential use type. (C) Additional standards in the AV district: 1. No convenience store shall exceed three thousand (3,000) square feet of gross floor area. 2. When adjoining a residential use type, a Type C buffer yard in accordance with Section 30 -92 shall be provided along the property line which adjoins the residential use type. (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 one hundred -foot setback shall be required. 3. No independent advertising through local media shall call attention to the Explore Park location of the business. (Ord. No. 122005 -11, § 1, 12- 20 -05) Sec. 30- 85 -24. - Restaurant, Drive -In or Fast Food. (A) General standards: 1. (B) 2. All drive - through windows shall comply with the standards for drive - through facilities contained in Section 30- 91 -10. A special use permit shall not be required for any fast food restaurant that is located within a shopping center (excluding outparcels) and which does not propose drive -in or curb service. In the EP District: 1. A special use permit shall be required for any drive though facilities. (Ord. No. 122005 -11, § 1, 12- 20 -05) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 8, 2011 ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PURPOSE OF OPERATING A CONVENIENCE STORE AND FAST FOOD RESTAURANT ON A 0.844 ACRE PARCEL LOCATED IN THE 8000 BLOCK OF PLANTATION ROAD (TAX MAP NO. 18.18 -2 -3) HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF JATIN PATEL WHEREAS, Jatin Patel has filed a petition for a special use permit for the purpose of operating a convenience store and fast food restaurant to be located in the 8000 block of Plantation Road (Tax Map No. 18.18 -2 -3) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on January 4, 2011; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on December 14, 2010; the second reading and public hearing on this matter was held on February 8, 2011. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Jatin Patel for the purpose of operating a convenience store and fast food restaurant on a 0.844 acre parcel located in the 8000 block of Plantation Road 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 Page 1 of 2 neighborhood or community, and said special use permit is hereby approved with the following conditions: 1) The development of the property shall be in substantial conformance with the concept plan titled, "Hollins Citgo Mart," prepared by Balzer and Associates, Inc. (Exhibit A) revised December 22, 2010, with the location of the entrance on Plantation Road subject to VDOT approval. 2) The building shall be constructed in substantial conformance with the building elevations titled, "Exhibit B — Building Elevations," prepared by Balzer and Associates, Inc. dated December 22, 2010. 3) The color of the brick veneer on the exterior of the convenience store building shall be consistent with the existing buildings at Hollins University as shown in Exhibit C, dated December 22, 2010. 4) The dumpster enclosure shall be brick construction to match the building fagade. 5) Signage on the building fagade shall occupy no more than five (5) percent of the building fagade area. Signage placed on the canopy shall occupy no more than five (5) percent of the canopy fagade area. 6) The canopy shall not exceed twenty (20) feet in height. 7) Lighting in the canopy shall be recessed and directed downward and inward into the site. 8) Light poles and fixtures shall be black, gray, or grayish- brown. Light fixtures shall be directed downward and inward into the site and the top of any light fixture shall be less than 20 feet in height. 9) One freestanding monument sign shall be provided for this development. The appearance of the sign shall be in substantial conformity to the rendering titled, "Exhibit G — Monument Signage," prepared by Balzer and Associates, Inc. dated December 22, 2010, and the size shall be limited to 15' H x 10' W. 10)The fast -food restaurant shall be located within the convenience store building and shall be no larger than fifteen hundred (1,500) square feet in area. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page of P -2 PETITIONER: Fountain Head Land Company, LLC CASE NUMBER: 2- 1/2011 Board of Supervisors Consent 1 St Reading Date: December 14, 2010 Planning Commission Hearing Date: January 4, 2011 Board of Supervisors Hearing & 2 nd Reading Date: February 8, 2011 A. REQUEST To amend the Planned Residential Development Master Plan to decrease the maximum number of cottages, to decrease the maximum number of bedrooms in the clubhouse, to increase the maximum number of residential lots to 110, and to reduce the minimum lot size and road frontage for residential lots south of Pitzer Road, and to amend a proffered condition dealing with an at -grade golf cart crossing on Pitzer Road for Fountain Head Golf Resort (Ballyhack) which measures approximately 375 acres, Vinton Magisterial District. B. CITIZEN COMMENTS Two citizens spoke supporting the development in general but voiced a preference for the proposed tunnel to be built as well as concerns regarding sight distance and safety issues in the area of the at -grade crossing. C. SUMMARY OF COMMISSION DISCUSSION The discussion regarding the amendment to the increase in density of the residential development area was brief and focused primarily on private well and septic on each proposed lot and on the possibility of extending utility service or a community utility system to this area. It was stated that the Master Plan requires private well and septic utilities. The extension of public water and sewer (or a community utility system) may not be permitted and /or would include another amendment to the Master Plan; and Western Virginia Water Authority and Roanoke County reviews and approval would be required. Additional issues discussed centered heavily on the golf cart crossing and if it would remain at -grade or if a tunnel would be built. The petitioner stated that lack of finances was prohibiting the construction of the tunnel. The lack of compliance with all of the items in the Installation and Maintenance Agreement document was a concern. A concern regarding sight distance issues because of the structure location at the existing at- grade crossing location was discussed and the petitioner agreed to move the crossing 50 feet from the structure to the location shown on the Exhibit A 2010 Golf Cart Crossing site plan by March 1, 2011. The applicant stated that his intent was to eventually put the tunnel in P -2 place under Pitzer Road. Commissioners discussed where the annual traffic count information would come from, what was the significance of the "3,250" vehicle trips per day, and what work has been initiated on the tunnel. The applicant explained that numbers from VDOT's annual reviews would be used for vehicle trips per day, the method of breakdown for calculation of the 3,250 threshold, and that no work has been initiated on the tunnel. Commissioners inquired about what requirements are in place to handle traffic, parking, and staffing for large (tournament type) gatherings at the site. Staff stated this use would necessitate the applicant to obtain a special use permit for an Outdoor Gathering. D. CONDITIONS 1. The developer hereby proffers substantial compliance with the PRD rezoning document titled "Fountain Head Golf Resort, A Planned Residential Community," prepared by Balzer and Associates, Inc. dated 8- 17 -05, and last revised 11- 29 -10. 2. The developer hereby proffers substantial compliance with the golf cart crossing sketch shown as Exhibit `A' attached to this rezoning document, prepared by Balzer and Associates, Inc. dated 8 -14 -09 and last revised 11- 29 -10. The developer will move the location of the golf cart crossing to the location indicated on Exhibit A - 2010 by March 1, 2011. The developer reserves the right to replace the at -grade cart crossing with a tunnel under Pitzer Road in the future. The Developer will also install rumble strips on the golf cart path leading up to golf cart stop signs to provide a physical notification of the upcoming crossing. An additional sign w i l l also be mounted with the stop sign to indicate the vehicular crossing ahead. 3. Roanoke County will permit the at grade golf cart crossing to remain with no further review, until such time as the Traffic counts on Pitzer Road, as counted at the location of the golf cart crossing, reach 3,250 vehicle trips per day. If the vehicle trips on Pitzer Road, when counted at the location of the golf cart crossing reach 3,250 vehicle trips per day, the developer agrees to meet with the Roanoke County Board of Supervisors or its Designee to determine what, if any, revisions need to be made to the crossing to address safety concerns due to the increase in traffic. If a mutually agreeable solution is not reached by the Developer and Roanoke County, then Roanoke County reserves the right to restrict the use of the crossing up to and including the closing of the at grade crossing and requiring the installation of the tunnel crossing, as long as the tunnel crossing is approvable by VDOT. If the County requires the tunnel to be constructed then the developer P -2 shall have 18 months, from the time notified in writing by the Roanoke County, to construct the tunnel crossing, during which time the at grade crossing shall be allowed to remain. Nothing in this proffer shall prohibit the developer from installing a tunnel under Pitzer Road as an appropriate means of crossing Pitzer Road at any time in the future. 4. Regardless of the requirements in proffer #3, the tunnel will be built within 18 months of the sale of the 75 lot in the development. E. COMMISSION ACTION Mr. Peters made a motion to recommend approval of the petition to the Board of Supervisors with the four (4) proffered conditions. The motion passed 5 -0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: X Concept Plan X Vicinity Map X Staff Report X Other Philip Thompson, Secretary Roanoke County Planning Commission Petitioner: Fountainhead Land Company, LLC 3 609 Pitzer Road Roanoke, VA 24014 Request: Property was rezoned from ARCS /ARS to PRD with original application. The current request is to amend the previously approved PRD document. Property: TM #: 79.04 -02 -10 and 10.03; 79.04- 05 -01, 02, 03, 04, 05, 06 07 08 11 13 14 15 16, and 17; 80.00 -02- 68.00, 80.03- 02 -02 03 04 05 06 07 09 12 13 15 16 17 18 19 20 21 22 23 25 26 27, and 28 Property Owner: Fountainhead Land Company, LLC 3 609 Pitzer Road Roanoke, VA 24014 The following are proffered conditions for the above referenced Zoning Case. Proffered Conditions: 1. The developer hereby proffers substantial compliance with the PRD rezoning document titled "Fountain Head Golf Resort, A Planned Residential Community ", Prepared by Balzer and Associates, Inc. dated 8 -17 -05 and last revised 11- 29 -10. 2. The developer hereby proffers substantial compliance with the at grade golf cart crossing sketch shown as Exhibit `A' attached to this rezoning document, prepared by Balzer and Associates, Inc. dated 8 -14 -09 and last revised 1 -31- 11 . All golf cart crossing improvements shown on Exhibit `A' shall be installed by the developer by March 1, 2011. 3. The developer shall install a golf cart crossing tunnel under Pitzer Road, subject to VDOT approval, within 18 months after one of the following conditions has been met: a. 75 residential lots have been sold;or, b. VDOT's average annual daily trip counts have reached 3,250 vehicle trips per day as counted at the location of the at -grade golf cart crossing. Jonathan Ireland - Managing Member $ a $_ a b 0 0 101H1SI❑ NO1NIA M a o ONISSOHO IUVO =nOO " l�IOS3�I ��00 Ob�H NIb1Nf10� �J 0 c� 8 + $ 12 co v II U (n • v CD J w W W CL Z a. F C3 a ED x LLJ O C Z a� CE V 0 S U) o �? v � � vI N a N W rt) W Fw I I.I. V TC Q W aWW� W V =• ° ° a= a v 0 M O V) N x — I a V c4w W �+1! O M .N M (' W 0 0 S IN S r LL tn ch U lm G S] rr +r �rrlrr r�r +r � � r I X12 + s d� � co f II l r�r err rr W rr�rrrrr+rrr� r r rrr � � O I W c U Z F� �� 1 Q V ?r }� w 01 ix 11 xO'M d F - oo�� CL 10 p 4 Ed 5dR ama e Qwf5 STAFF REPORT Petitioner: Fountain Head Land Company, LLC Request: To amend the Planned Residential Development Master Plan to decrease the maximum number of cottages, to decrease the maximum number of bedrooms in the clubhouse, to increase the maximum number of residential lots to 110, and to reduce the minimum lot size and road frontage for residential lots south of Pitzer Road, and to amend a proffered condition dealing with an at -grade golf cart crossing on Pitzer Road for Fountain Head Golf Resort (Ballyhack) which measures approximately 375 acres. Location: 3609 Pitzer Road Magisterial District: Vinton Magisterial District Proffered Conditions: 1. The developer hereby proffers substantial compliance with the PRD rezoning document titled "Fountain Head Golf Resort, A Planned Residential Community," prepared by Balzer and Associates, Inc. dated 8- 17 -05, and last revised 11- 29 -10. 2. The developer hereby proffers substantial compliance with the golf cart crossing sketch shown as Exhibit 'A' attached to this rezoning document, prepared by Balzer and Associates, Inc. dated 8 -14 -09 and last revised 11- 29-10. The developer reserves the right to replace the at -grade cart crossing with a tunnel under Pitzer Road in the future. EXECUTIVE SUMMARY: Fountain Head Land Company, LLC is requesting to amend the Fountain Head Golf Resort Master Plan and related documents. These amendments generally include the reduction of the maximum number of clubhouse bedrooms and standalone cottages; reduction of the minimum lot size and road frontage of the residential lots on the south side of the site; and an increase in the number of residential lots from 89 to 110. They are also requesting approval of the golf cart crossing to be located at grade on Pitzer Road, reserving the right to replace the at -grade cart crossing with the under road tunnel and eliminating the October 1, 2012 at grade golf /pedestrian crossing removal deadline. This site is designated Rural Village and is in conformance with the 2005 Future Land Use designation. This designation is in areas where limited development activity has historically occurred and where suburban or urban development patterns are discouraged. These rural areas are generally between intense suburban development patterns and designated Conservation and Rural Preserve areas. 1. APPLICABLE REGULATIONS A Planned Residential Development is defined as a district to provide for the development of planned residential communities that incorporate a variety of housing options as well as certain limited commercial and office uses designed to serve the inhabitants of the district. Incorporation of significant areas of open space is a primary component of these provisions as a means to maintain critical natural and cultural resources. Section 30 -47 -6 states that major revisions to the final master plan shall be reviewed and approved following the procedures and requirements of Section 30 -47 -5 (see attached section). Major revisions include, but are not limited to changes such as: substantial changes in the circulation or access; substantial change in the mixture of dwelling unit types included in the project; or any other change that the administrator finds is a major divergence from the approved final master plan. The Ballyhack Golf Course Installation and Maintenance Agreement regarding the maintenance and installation of pavement markings on a public road is in effect and should this amendment be approved, a revision to this agreement would be required. Virginia Department of Transportation (VDOT) review and approval has been previously issued by the Land Use Permit with an effective date of November 23, 2010 for the proposed at grade golf cart crossing on Pitzer Road. A copy of the Land Use Permit is attached. Virginia Health Department permit review and approval is required for the private well and septic permits. Roanoke County site plan review will be required for all new development on the site. 2. ANALYSIS OF EXISTING CONDITIONS Background —This property was originally called the Saul Farm and consisted of approximately 375 acres spanning both the north and south sides of Pitzer Road (State Route 617). In 2004 a portion of the property was rezoned from AG -3, Agricultural /Rural Preserve to AR, Agricultural Residential district with conditions and a Special Use Permit for the development of a golf course with a conditions that the density for the rezoned area comply with the AG -3 zoning district standards. In 2005, the 375 acre Fountain Head Golf Resort Planned Residential Development was approved by the Board of Supervisors. This new development included an 18 -hole golf course, golf clubhouse, 30 -4 bedroom cottages, maintenance facility, 89 residential lots and a golf cart /pedestrian tunnel under Pitzer Road connecting the 18 -hole golf course. On December 15, 2009, the Board of Supervisors approved the petition of Fountain Head Land Company to amend the PRD related to an at grade golf cart crossing on Pitzer Road for Fountain Head Golf Resort (Ballyhack) after considering a reduction in the speed limit to 35 mph as well as the volume and character of motor vehicle traffic using Pitzer Road thus allowing the golf cart crossing to be above ground at grade. This included two conditions — substantial compliance with the PRD Master Plan document and substantial compliance with the golf cart crossing sketch shown as Exhibit A. This second condition also stated that the at grade golf cart crossing "shall not extend beyond October 1, 2012 at which time a tunnel under Pitzer Road shall be constructed subject to VDOT approval." On August 2, 2010 An Installation and Maintenance Agreement was made by and between the Board of Supervisors of Roanoke County and Fountain Head Land Company, LLC. In this agreement, Ballyhack Golf Course and Fountain Head Land Company, LLC agreed to be "responsible for the installation and continuing maintenance of any signs pertaining to the operation of golf carts or utility vehicles on or across Pitzer Road for the use and benefit of Ballyhack Golf Course." In this agreement Fountain Head also agreed to: • Be responsible for all costs and expenses associated with the installation of any and all traffic control devices (including signs, striping and any other structures required by the Commonwealth of Virginia, Virginia Department of Transportation) which may be required for an at -grade golf cart crossing. • Be responsible for all costs and expenses associated with the continuing maintenance of any and 2 all traffic control devices. • Pay for a two million dollar liability insurance policy indemnifying and holding harmless the County, provide a thirty day notice of cancellation of the policy. • Immediately repair or replace any traffic control devices which may be damaged. • Provide notice of transfer of ownership, and notice of assignment to any purchaser and to the County for its approval. • Terminate this agreement October 1, 2012 at which time Fountain Head shall have constructed a tunnel under Pitzer Road in accordance with the amendment to the PRD Master Plan. Topography/Vegetation — As previously stated, the property is divided by Pitzer Road and consists of gently rolling hills and densely vegetated areas. The site slopes down on both sides from Pitzer Road to Horseshoe Branch Creek and an unnamed creek. There are few trees in the golf course area but vegetation is generally sparse due to the construction of the golf course. The residential areas are generally well wooded with mature trees. The site developer has and continues to take great care to preserve as much of the existing vegetation and topography as possible while constructing all proposed structures and developments on site. Surrounding Neighborhood — The area to the north of the site consists primarily of single family residences on AG -3 and AR zoned parcels. The area to the east of the site consists of single family residences on AR zoned parcels. Parcels located south of the site are zoned AG -3, Agricultural /Rural Preserve and AG -1, Agricultural /Rural Low Density districts and AR, Agricultural Residential district zoned parcels. Parcels to the west of the site are zoned AR and AG -3. The Blue Ridge Parkway (BRP) is located within approximately 500 feet from the most westerly point of the site. In previous BRP reviews, the park staff stated that the golf course would not be visible from the parkway however Blue Ridge Parkway staff has not submitted comments as of the date of this staff report. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout /Architecture — Fountain Head Land Company, LLC is requesting to amend the Fountain Head Golf Resort Master Plan and related proffers. This amendment request is to reduce the maximum number of proposed cottages from 30 to 20 units; substantially reduce the maximum number of bedrooms at the Clubhouse; and increase the number of residential lots from 89 to 110 lots. An additional amendment includes decreasing the road frontage and lot size requirement for the lots on the south side of Pitzer Road allowing for the construction of areas of clustered type housing. The existing residential lot sizes and frontage requirements will remain the same for the north side of the development. The Master Plan regulations such as setbacks, buffers and housing requirements will remain as required in the AR, Agricultural Residential district for development on both the north and south sides of Pitzer Road. Fountain Head Land Company, LLC is also requesting approval to allow the at grade golf cart crossing and reserving the right to replace the at -grade crossing with a tunnel located on Pitzer Road. Currently, the second proffer states that the developer proffers substantial compliance with the crossing as shown on Exhibit "A- 2009" (attached to this rezoning document). Use of the at grade crossing is not to be extended beyond October 1, 2012, "at which time a tunnel under Pitzer Road shall be constructed subject to VDOT approval." Please see the attached concept plan for site location and revision clarification. Access /Traffic Circulation — This PRD amendment does not result in any additional entrances onto Pitzer Road. There are currently four entrances on Pitzer Road to provide access to this development. Four 3 additional cuts are planned to access residential lots 41 and 42 and to access the Phase 3 residential and Phase 4 residential portions of the project as planned for in the currently approved PRD. No residential lots in Phase 2, Phase 3, or Phase 4 will have entrances onto Pitzer Road. Vehicular circulation is proposed to be the same as previously approved actions. Per the applicant, all proposed roads have been and will be constructed to state standards. It should be noted that the proposed lots on Phase 2 will be served by individual and /or shared driveways off Saul Lane (SR 719). Pedestrian /golf cart circulation will remain generally the same, with the exception of the at -grade crossing instead of the originally proposed tunnel under Pitzer Road. The four required golf cart crossing signs (two at each side of Pitzer Road have been installed. At the time of this report, VDOT had issued the Land Use Permit to mark the pavement at the golf cart crossing, but pavement marking for the golf cart crossing had not been painted. Review comments submitted by VDOT stated that the proposed amendment would result in an increase in the amount of traffic generated by the overall site. Also stated was a reference to the Land Use Permit which was processed and issued to Roanoke County for the proposed golf cart crossing. Additionally stated was the condition that all signage and pavement markings must meet VDOT Standards and Specifications and the maintenance of the signage and pavement markings would be the responsibility of the applicant/agent. A final note was made that if any work is required within the VDOT rights -of -way; additional land use permits may be required. Per Roanoke County Police Records there has only been one accident (involving two cars and a deer) between Randall Drive and the 4000 block of Pitzer Road in the last 12 months. Fire & Rescue /Utilities — The Roanoke County Fire Marshal's Office noted that when this project was reviewed in the past, there was a concern regarding fire flows. At that time, the County was in the process of creating specific standards for fire flow requirements, and therefore the fire flows were not required for the residential portions of this major project. With the submission of the current request, the Fire Marshal's office would address the need for water for the required fire flow to be provided in accordance to the Statewide Fire Prevention Code and the Roanoke County Code. Also noted was that the fire flows for fire protection will be higher for cluster style housing. The Western Virginia Water Authority has suggested that with the additional proposed residential lots, a central water system with fire suppression may need to be considered. The General Services department will provide service to the residential homes if they are located on state maintained roads. Service will not be provided to the current or proposed cottages. Economic Development The department of Economic Development offers no objections to the proposed rezoning request. Community Meetings —A community meeting was held on Thursday, December 9, 2010 at the Mount Pleasant Elementary School cafeteria. There were 14 citizens, the Board Member and Planning Commissioner for the Vinton Magisterial District, three applicant representatives and two staff in attendance. The applicant presented the petition to the attendees and provided more specifics on the reasons for the requested amendment request. One overwhelming concern voiced was that this stretch of Pitzer Road is straight and flat and although the posted speed limit is 35 mph, this area is considered a racetrack and vehicular speeds are excessive. Citizens suggested that there should be more frequent County police patrols on all of Pitzer Road. Other n concerns were regarding well depth dimensions, the possibility of installation of directional signage for the golf course, and the need for additional lighting. A final concern was that if the at grade crossing is permitted and approved; there should be an annual review requirement for the golf cart crossing added to the proffers. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN In the Roanoke County Future Land Use guide, this site is designated Rural Village and is in conformance with the 2005 Future Land Use designation. This designation is in areas where limited development activity has historically occurred and where suburban or urban development patterns are discouraged. These rural areas are generally between intense suburban development patterns and designated Conservation and Rural Preserve areas. Desirable housing in this designation is generally small scale, very low density; averaging one unit per acre and clustering of residential housing is encouraged. Parks and recreation areas in the Rural Village area are designed to preserve the environmentally sensitive character of the rural landscape. Existing land use patterns and zoning include locations where very low density residential and limited agricultural uses have developed in rural residential and agricultural zoning districts. 5. STAFF CONCLUSIONS At the time of this report, Community Development had received a check from the applicant for the approved Virginia Department of Transportation Land Use Permit. Golf cart crossing signs were in place on the site on both sides of Pitzer Road, but there were no painted pavement markings on Pitzer Road. Per the August 2, 2010 An Installation and Maintenance Agreement mentioned earlier, the outstanding items at this time included installation of the cart path pavement markings and inspection of the golf cart path signs and pavement markings by VDOT. The posting of the County liability insurance policy in the amount of $2 million with the County named as an additional insured on the policy was being reviewed by the County Attorney at the time of this report. Prior to the public hearing, the applicant submitted a revision to the proffered condition #2 proffering substantial compliance with the golf cart crossing sketch shown as Exhibit `A' but also reserving the right to replace the at -grade cart crossing with a tunnel under Pitzer Road in the future. An exhibit depicting the possible tunnel crossing has not been submitted. Staff has continued concerns regarding golf carts crossing at grade on Pitzer Road. As stated previously in this report, this section of Pitzer Road is straight, flat, and located in a relatively rural area. At the time of the 2009 rezoning amendment and conditional approval of the at -grade golf cart crossing on Pitzer Road, the speed on Pitzer Road was unposted. Since the 2009 rezoning amendment, the speed limit has been posted at 35 mph, golf cart crossing signs have been posted, and pavement markings are proposed, however, staff continues to have concerns regarding the potential for speeding on this stretch of road which could lead to increased accidents. 5 CASE NUMBER: 2-1/2011 PREPARED BY: Tammi L. Wood HEARING DATES: PC: 1/4/2011 BOS: 1/25/2011 ATTACHMENTS: Application Aerial Map Land Use Map Zoning Map Site Vicinity Map Ballyhack Golf Course Installation and Maintenance Agreement Virginia Department of Transportation Land Use Permit Community Meeting Notes PRD - Planned Residential District Standards G Comit of Roaiioke Commuttift Developiiiew Plannin & Zonin 5204 Bernard Drive P 0 Box 29800 Roanoke, VA 240 1 8-0798 (540 772-2068 FAX (540) 776-7155 ALL APPLICANTS Fot- Staff Use Oniv Date reccind: Rcccived b AppkahDn fcc. PC/BZA date Placards issucd: BOS date: Fees Number Check t of application file(] (check all that appl X I tezonin 0 Special Use Ll Vat-lance F1 WaivetA F) Administi-tifive Appeal 0 Conip Plan ( iS.2-2232) Review Applicants name /address w/zip C.Amo Illone. N Co#Ae^ 4q, Lk-UWorlk: i -r-Z e t, CZD - Cell #: '%Zuh oo�t-4 T VA -1,14 t, I Fax No.: tyq6) Owner's na.me/ address s w/yip Phone4: SAME, A'S APIOUCAOT� Work: Fax No. 1'ropert 1,0cation 3Goct P#Tt64L f40, ( v t4 0 UA V4 u 1 TmMapNo.: Bq.ou- 07,- Size ot'parcel(s): A t C*/- ZO AC. 7�2Y__ /7- AAAP,,En Ma District: \11favtp- Communit Nannin area: &AQNJ&JT RX-ASA4t- Exisun L011111 Existin Use: P\1.0 W G 111,770NING, SPECIAL USE PERMITA I ®rE_J_1,/tVr11 COMP PLAN (15.2 RE VIE FV A PPLICANTS (R/S/W/CP) Proposed Zonin P ILD Proposed Land Use: 67OLF CA0%)"6/iZESvVEWr1A(. Does the pat-cc] meet the minirnuin lot area, width, Amid frontitivc re of the re district? Yes Fl o IF NO, A VARIANC11-, IS. REQUIREI) iq'IRST. Does the parcel meet the mininium criteria for the re Use T Yes 1/ No IF N0 A VARIANCE IS RE FIRST I 1'rezon i t Y es 'No , re are conditions hein proffered with this re ? VARIANCE WAIVER AND ADMINISTRATIVE APPEAL APPLICAN7S (VIVIAA Variance/Waiver of Section(s ---- the Roanoke Count Zonin Ordinance in order to: Appeal of Zonin Administrator's decision to Appeal of Interpretation of Scction orthe Roanoke Count Zonin Ordinance Appeal of Interpretation of Zonin Map to I s t 11 e appl ic ,ti on complete? Please check if enc losed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS -%RV' NJISSINC OR INCOMPLETE. R/S /WI C T VIAA LUSIW/CP WA A RISINY/CP VIAA Consultation 8,112 to X I I " concept plan Application tcc Application Metes and bounds description Proffers, if applicable Justification Water and sewer application d i o i n i n prop A prort owncrs I_ qW I hc rib y certif that I am clither [tic owner of the or the own is a or contract purchaser and am actin with the knowled and consefil 01 flie owner. Owner's Si N ,a 0 List of Cui rent Tax Map Ws for Entire Property., 79,04-02-10-00 79.04-02-10.03 79.04-05-01.00 79.04-05-02.00 79.04-05-03.00 79.04-05-04.00 79.04-05-05.00 79.04-05-06.00 79.04-05-07.00 79.04-05-08.00 79.04-05-09.00 79.04-05-10.00 79.04-0-5-11.00 79'.04-05-12.00 79.04�05-13.00 79.04-05-14.00 79.04-05-15.00 79.04-05-16.00 79.04-05-17.00 80,00-02-68.00 80,03-02-01.00 80�.03-02-02.00 80.03-02-03-00 80,03-02-04.00 80.03-02-05.00 80.03-02-06.00 80.03-02-07.00 80.03-02-08,00 80.03-02-09.00 80.03-02-10.00 80.03-02-1 1.00 80.03-02-12.00 80.03-02-13.00 80.03-02-14.00 90.03-02-15.00 80.03-0246.00 80.03-02-17.00 80.03-02-18.00 80.03-02-19.00 80.03-02-20.�00 80.03-02-21.00 80.03-02-22.00 80.03-02-23.00 80.03-02-24.00 80.,,03-02-25.00 80.03-02-26.00 80.03-02-27-00 80.03-02-28.00 Balzer and Associates I Conirnunit Developi-nent Plannin & Zonin Division POTENTIAL OF NcoED FORI"RAH."ic. ANAI.YSIS ANIVORIFRAFFIC IMPACTSTUDY The followin is a list of potentiall hi traffic- land uses and road network situations that could elicit a more detailed anal of the existin rid proposed traffic pertinent to y our rezonin subdivision waiver, public street waiver, or special use permit re If y our re involves one of the items on the ensuin list, we reconimend that y ou meet with a Count planner, the Count traffic en and/or Vir Department of Tr2nsportation staff to discuss the potential additional traffic related information that ma need to be submitted with the application in order to expedite y our application process. (No to 07 /S llqt is no t i tisi ve ) i i cY the Co t if i t - s-t,7 ff a 17 d VDO T /v sel - ve 0 7 e ri t to re q Li a tro ffic StU61Y 3t dl)51 flI71B, ,3S 6(e63177E)d l7eCOS53rYJ Hi Traffic-Generatin Land Uses.- Sin residential SUbdivisions,, Multi-famil residential units, or Apartments with rnore than 75 dwellin units Restaurant (with or without drive-throu windows) Gals station/Convenience store/Car wash Retaill shop/Shopping center • Offices (includin financial instiLutions, g eneral, medical, etc.) • Re public facilities 0 Educational/Recreational facilities 0 Reli assemblies HoLel/Motel Golf course Flo spitalftirsin home/Clinic Industrial site/FcacLor Da are center Bank Non-specific use reC Road Network Situations: Development adjacent to/with access onto/within 500-ft of intersection of a roadwa classified as an arterial road (e. RLe Il 24, 115, 117, 460, 11/460, 220, 221, 419, etc) For new phases or chan to a development where a previousl submitted traffic stud is more than two (2) y ears old and/or roadwa conditions have chan si When re to evaluate access issues Development with in on roads planned or scheduled for expansion, widenin improvements, etc. (i.e. on Lon Ran Transportation Plan, Six-Yr Road, Plan, etc•) Development in an area where there is a known existin traffic and/or safet problem Development would potentiall ne impact existin traffic si Substantial departure from the Communk Plan An site that is expected to g enerate over one hundred (100) trips durin the peak hour of the traffi"c g enerator or the peak hour on the ad streets, or over seven hundred fift (750) trips in an avera da Effective. date: April 19, 2005 7 Communit Development Plannin & Zonin Division NOTICE To AF'PI,ICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE YRaCEDURC The Roanoke Count Plannin Commission reserves the ri to continue a Rezonin Subdivision Waiver, Public Street Waiver or Special Use Perinit petition if new or, additional information is presented at the public hearin If it is the opillion of the, majollit of the Plannin Commissioners present at the scheduled public hearin that sufficient time was not availalfle for plannin staff and/or an outside referral a to ade evaluate and 1 )rovide written comments and su on the roc w or additional informatioll 1 11,1014 to the scheduled public hearin dicii t11C Plaill1ilI COMMiSSi011 Ma VOW tO C011tilILIC the petition. '"I'llis continuance shall allow suffi cient time for all necessar reviewin parties to evaluate the new or additional information and provide writt-cii comments and sti to be included in a written menin-randum b plannin staffto the Plannin Con-)mlssion. The Pli-innin Commission shall consult with 1 )1�tnnin-g st-aff to deterniine if a continuance ma k wan -an(ccl. 4 IMPACT POTEN"I'l AL 0 r- N EA D 1-0 R'I'RA I i -, i c ANA AN LVOR "I RA I 4 111 A L Y The Roanoke Count Plannin Comini li on on reserves the ri to confinue a Rezonin Subdivision Waiver, Public Street Waiver, o i- S pccial Us e Permit petit ion i fthe Count Traffic E'n or staff fro rn the V ir Department of Transportation re further traffic anal and/or a traffic impact stud that would be beneficial in makin a lall(I Lie decision ( Nofe: a list qf polenlial 1-and use-s and situatiom that would necessilatefurther stud is provided as part q f this application packci e par d Thi's continuance sha I I allow suf fi cient thne for ill n a cess[li reviewin ties to evaluate th e re I re traffic anal and/or traffic impaa StUd and to provide written carnmelits and/or su to the plannin staff and the Plannin Commission. H'a continUance is warranted, the applicant will be notified of the continuance and the newl scheduled public hearin date. Effective date: April 19, 2005 0-� I t !b' A PAkj- 14 Nanio of Petition I Ar - Pe t I t I a ner's Si 10 Date M CONCEPT PLAN CHECICLIST A concept plan of the proposed project must be submitted with di c. application. The concept plan shall g raphicall y depict the land use chan development or variance that is to be cousidered. F twherl the plan shall address an potential land use or desi issues arisin fi-om the re In such cases involvin the applicant ma prof ferconditions to I'mitthe future use and development of the propert and b so doin coo -sect an deficiencies that ma not be mana b Count permittin re The concept plan should not be confused with the site plan or plot plan that is re prior to the issuance of a buildin permit. Site plan and buildin permit procedures ensure compliance with State and Count development re and ma re chan to the initial concept plan. Unless limitin conditions are proffirudcand accepted in a rezonin or imposed on a special use perm it or 0 variance, the concept plan ina be altered to the extent permitted b the or d district an other re I A concept plan is re with all rezonin special LISC I M-1111t, %vaiver, communit plan (15.2-2232 review and variance applications. The plan should be prepared b a professional site planner. The level of detail ina var dependin on the natUre of the re The Count Planning Division staff ma exempt some ofthe itenis or su the addition of extra iteins, but the ep followin are considered minimunn: ALI, APPLICANTS to/ -a. Applicant name and naive of development b. Date, scale and north arrow c. Lot size in acres or S( feet and dimensions d. Location, names of owners and Roanoke Count tax m(ap numbers of *adjoinin P roperties e. Ph features such as g round cover, natural Watercourses, 11m)(1pkilli, ek. v1`0 f. The zonin and land use of all adjacent properties v000 g . All propert lines and casements yoor' h. All buildin existin and proposed, and dimensions, floor area and heli i. Location, %vid(lis and naines ofall existin or platted streets or other public wa within or adjacent to, the development j. Dimensions and locations or4ill drivewa parkin spaces and loadin spaces Additional infoi-ination re REZ01VING and SPECIAL USA PERMIT APPLICA NTS 4A k. Existin L1111111Ci (water, sewer, storin drains and connections at the site 1. An drivewa entrances/ex its, curb openin and crossovers in. Topo rnap in a suitable scale acrd contour intervals n. Approxiniate struct g rades and site distances at intersections o. Locations of all adjacent fire h p. An proffered conditions at the site and how the are addressed f If pro is to be phased, please show phase schedule I certit" that all items re in the checklist above arecomplete. Si rra re of applicant Dat'e R AN 4-:SOCIATES INC mail Dil I B &IL I F EFLECTING TOMORROW Rezonin Re for Ball Golf Club Proposed Zonin P Pur of Rezonin Request The purpose of this rezonin re is to modif portions of the existin Plannin and Desi documents for Fountain Head Golf Resort. I'lic, maxiinuin number of cotta has been decreased from 30 to 20 with this submittal. The maximum nun-iber of bedroorns in the clublimise has been decreased from 20 to 6. The illaxil)IL1111 number of total residential lots has been revised to 110 with this submittal. In addi'tion) the development re 110i- the residential I )o•tion of the project have beenrevised. "Flie 1111 lot SiZC f01- the [OtS SOL-Ith of Pitzer Road has been revised to 0.70 acres with this, SLI11111ittal and the minfinum, fronta For the, lots has been revisecl to 50 feet. All setbacks, IlUffers, alld housin re will remain mi.chan 'ne development re rol. the reside Dtial lots north of Pitzer Road have not clian The total residential portion of this pr o ject that will be affected b this rezonin re is approximatel 80 acres. 'nie intent of this re 'is to allow F(-)i- areas of clustered t y pe housin to meet a Wider ran of 110LISilI needs. All housin on the lots smaller than 1.0 acre will be constructed log e Consistent with the B-all cotta g e.s. Please sec 1"Nhibit "B' attached to this application for a renderin of the cotta Proffered condition #2 re the of cart crossin has also been revised with this sull)iiiittal. Since the last hearin the speed limit for this section, of Pitzer Road has been reduced to 35 mph. As shown on the g olf cart crossin drawin Exhibit 'A, we have previousl establishcd that there is ade si distance for a 55 rnpli road (greater than 610 feet in each direction The re q u ire i d si distance fora inph road is 390 feet, meanie g that we have at least 220 feet of 35 additional si distance in each direction above what is re All -s-i distance re are based on the VDOT Road Desi Manual, Appendix C. Plannin and Desi Documents for: FOUNTAIN HEAD GOLF RE,,SOR"r A PLANNED RESIDENTIAL COMMUN[TY ROANOKE COUNTY, VA VINTON MAGISTERIAL DISTRICT Prepared for: Fountainhead Land Compan LLC 1208 Corporate Circle Roanoke, VA 24018 prepared b Balzer and Associates, Inc. 1208 Corporate Circle Roanoke, VA 24018 Pro # R0500234.00 Date: Au 17"' , 2005 0 ,Rcvised. Au 18"', 2005 Au 19'1', 2005 Au 14, 2009 October 7, 2009 November 3, 2010 Novembur 29, 2010 ^SSO(DIA-fES INC In REFLECTING TOMORROW Balzer and Associn[es I Table of'C"ontents: 1. Table of Contents Pa 2 110 Introduction Pa 3 111. Vicinit Map Pa 4 IV. Site Summar Pa 5 V. Residential Desi Guidelines Pa 7 V1. Overni Lod Cotta an(] Clubhouse Desi G"idelines Pa 9 'II* Concept Master Plan Pa I I VIII. Boundar and Ad Propert Map Pa 12 IX. Ad Propert Owners Pa 13 X. Proffered Conditions Pa 19 Balzer aud Assoc[ates 2 FOUNTAIN HEAD GOI.f RI?SOR'1' INTRODUCTION 'I'lie FOLMLIM Head Golf Club will cater to corporate entities and 1 11-IV.Ae individuals that deinand and expect a first-class g ulff experience. First and t"orcillost, 1:ountfaln Head will provide the best conditions for g olf, on a erne- of-a-kind 18 hole g olf J- ^ course with world class instruction and pr.'Icticc facilities. It will also oft'er tip to ou rooms of simple y et cornfoi-table over ni accommodations. The course will be desi to be reminiscent of traditional Scottish or Irish hi courses with lon flowin native g rasses, few trees and endless views oftlic Blue Rid MOL111tains. A pricdonifliantl wooded residential area con-ipriled of I 10 lots suiToundin the g olf ,course M s also anticipated. The site is extraordinaril similar to the terrain and conditions found in the United Kin with over 65% of the site alread cxistin in fescues 4and orchard g rasses. The decision to offer this kind ofcxcep tiers al goff expen*ence will benefit the entire Roanoke area and re as the onl true g olf destination. Unlike offic-x g olf attract.lons, Fountain Head will focus on the ultimate g olf experience fi-oin local shuttle service, Over ni accommodations in the form cif' clubhouse rooms or on propert cotta offsite huntin and fishin exercise and fitness and fine dinin The g olf course will occup most of the open area and will be desi to Lill c Mlvanta of the site. Native g rasses will be used to define and separate the g olfholes w-Iiich will be set on the cxistin terrain with as little land form disturbance as possible. Bunkers and other hazards will be sculpted frorn, tree land to create an old world look and feel. Greens and fairwa will lie expansive and provide unc strate and challen while remainin siniple and natural. Noakes and Associates 3 oil OAROKE 'N .4r I awl N !I dtA Ito '211 ot E Val c ti 0 app, 0 60 P) 410114 11 fit p 0. lllmtio 1L 11�, - ( P I 1 � , , o $ Munt I -ft.O/ aol P .0 � IF nu l Pea o il) OARMYM v - 4 � �J��wrs , OIL J � o 01� Ak. I UR_M I SITE SUMMARY aflwaci The site consists of tax parcel W's 79.04-02-10 and 10.03; 79.04-05-01 throu 17 80.00-02-68 80.03-02-01 thrOL1 28. The total site area is 368 +/- acres. The ori zonin was AR with a Spccil-L.il Us c Pcninit to allow for tlie of course component of this project. Since the ori rezonin capplication, the propert has been rezoned to PRD. The site is located within the Mount Pleasant Communit Plannin area and within the Vinton Ma District. Existin Conditions The site consists of 75% open areas and 25% wooded areas. Thcre is one existn residence with associated out buildin on the propeil that will be runoved. The site consists of rollin topo The site has slopes on the propert ran firom 1% to 50-1- %. Horseshoe Branch runs throu the cast em poilion of the propert and ail unnamed tributar runs throu the soutImcstcrii side, Since the ori rczonin applicatiO115 several iniprovemcnts have been made on the site. The g olf CO-errs e and three cotta currentl exist on (lie site,, as well as temporar office structures and parkin are-as. The clubhouse is currentl under construction just to the south of pit Road. A resi(Iciitial road has been constructed on the propert to the north of Pit Road to provide access to the Phase I residential lot . Additional propert is available to the south of flitzcr Road outside of the g olf course arca to be developed for residential use. Ad Properties Ad properties iiire zoned AR and are sin famil residences and undeveloped a land. Public Services 41 No public water or sew is available to this site at this tiiiie. No extension of public water or sewer is planned with this project unless otherwise approved b Roanoke Count and/or Western Vir Water Authorit Balm- mid Associates 5 site. Traffic Fire and rescue is located in Mount Picasant approximatel 1.25 miles `i -cam Thc traffic volume on Fitter road accordin to the 2009 VDOT stud is 640 vehicle trips per da Baker and Associates 6 Development Design Guidelines Intent These desi g uidelines are written witli the iiiteiit to g uide the developill.elit of Fountain Head Golf Resort. These g uidelines arc intended to develop the overall character of the communit These g uidelines are not meant to cover all site-specific issues or alterations and should be applied as a g uide to meet the development g oals of the pro.ject. Residential Design Guidelines Subdivision Streets All SUbdivision streets will be either privatel or publicl maintained, All roads w i ll be desi and constructed to state standards. Access Access to the propert will be froin Pitzer Road (State Route 617) and Saul Lane. As approved with the phase I residential plans, cxistin lots 41 and 42 will access fi-oin Pitzer Road. No additional residcntial lots will acces-s- fiviii Pit Road. Water and Sewer Each lot will be served b a private well and septic s unless otherwise approved b Roan c Count and/or Westeni Vir WatQi- Authorit Densit No more than 110 total rcsidential lots will be developed. 42 residential lots have been created on the north side of Pitzer Road. No rnore than 68 residential lots will be developed on the south side of pit Road. Lot Size/ Re All residential lots on the north side of Pit Road will be a minimum of 1.00 acre. Minini.uni fi,onta on these residential lots Shall be 90 feet. Setbacks shall be as 10 follows. Balzer and Associtates 7 Front y ard: 30 fect tor principal and accessor struCtUres Side y ard: 15 fee( I'Or principal and accessor "', I'LICtLINS Rear y ard: 25 feet for pri 11CIpal structures raiid 10 f for accessor StI'UCtUI'e S All residential lots on thc south side of Pit Road will be a minimum of 0.70 acres. Minimum fronta on these residential lot,.--; shall be 50 feet. Setbacl shall be as follows: Front y ard.- 30 feet pi-in cipt-fl aril accessor structures Side y ard: 15 feet f principl-1,11 and accessor structures Re.ar y ard: 25 feet for- pri neipal structures and 10 feet for accessor structures l 5 feet for princip,'L-11 Sh-LICUINS Whcrc rear y ard adjoins the g olf course Housin Re The minimum house size shall be 2 All homes shall be constructed of brick, wood, s wood products, or stone. No vin sidin will be permitted. No manufactured or modular hoines will be peiiiiitted. An architectural review board will be established to review all house plans alld elevations prior to construction. Storm Water Mana The storni water niana for the residential portion of this development will be desi in accordance with Roatiokc Count r meat s. The stonil water mana ma be incorporated into the overall g olf course desi if found to be a feasible option durin the dc si phase of the pro j ect, Preservation Area / Open Space The residential development of this propert will be limited to the perinieter areas of the site. The g olf course and associated improvement will essentiall lac open space that will encompass 210 acres +/- of the pro-ocrt Y The g olf course desi will take 4 advanta of the natural terrain and will preserve the ma of the site as open space, The niinimuni open space provided for the development shall be 50% of the site. Tile g olf course is included in this open space calculation. The majorit of wetlands areas will be preserved and these areas will be incorporated into the g olf course desi Balzer and Assoulgates & Overnieht Loda in Guest Cotta and Clubhouse Desi Guidelines Clubhouse and Traininp, Fac flit y The Overni Lod and Clubhouse will be an amenit of the Golf Course and will not be stand alone commercial uses, The Clubhouse arid l'riinln Facilit will be similar in st to that proffered with the ori Special Use Pci-jiiit. The materials shall be s wood, wood. brick, and/or stone. The clubhouse will feature a full service restaurant, locker rooms, pro shop and possibl some overni accommodations., Overni Lod Cotta Guest Cotta shall be defined as a buildm or g roups of buildin for temporar re sidential occupanc or lod re of ownership, for use b members and g uests -esl of the g olf' tour facilities. These buildin ma be multi-famil but shall not include manufactured homes. The over ni lod will consist of small g uest cotta g rouped throu the g olf course. The cotta will var in size fi-om 2- 4 bedroorns and will be no more than one stor tall. The cotta will be desi with a similar rustic traditional :n-chitectural st to that of the clubhouse and will be constrUcted of s wood, wood, brick, and/or stone, Noy more than 20 cotta will be constructed with this development. No more flian 6 bedrooms will be located M the clubhouse buildk�i and no more than 10 bedrooms w M be located in the trainin facilit No more tlian 60 total bedrooms will be I I I constrLICted. Parkin and Internal Drives All internal parkin and drive aisles associated with the if Course will, be In accordance with Roanoke Count Desi Standards. The access for the clubhouse will be from 1"itzer Road. The access for the cotta will be from a network of internal drivewa and cart paths with the exception of one possible entrance off of Pitzer Road. All entrances will be in accordance wifli FOOT and Roanoke }Lint y Standards. A g olf cart/pedestrian crossin will be re on Pitzcr Road to access the entire g olf course. Balm and Associates 9 I 'I" g htin g All li shall be residential in scale and st ( i.e. post mounted li and will not exceed 15)' in hei The fi shall be arran so it will not cast g lare on adjacew pi-opet-ties nor will more than 0.5-foof candles cross an act iacent propeft line Setbacks `The c1uhhouse and all cotta will bc.,-;c(h,,tcI( a Millill-IL11,11 of 3-0 feet from all ad rwid ri i-dit of wa and 50 feet from all tid j acent properties. RnIzer tind Associates 10 Petitioner: Fountainhead Land Compan LLC 36,09 Pit Road Roanoke, VA 24014 Re Propert was rezoned from ARC RS to PRID with orl, appal ic cat` on. The current re is to amend the prevIOUSl approved PRD docunient. Propert "I'M #: 79.04-02- 10 and 10.03, 80.00-062-68.00, 79.04-02-17 Propert Owner: Fountainhead Land C ornpan LLC 3609 Pit Road Roanoke, VA 24014 The followin are proffered conditions for the above referenced Zonin Case. Pro . P red Conditions: 1. Tile developer hereb proffers substantial compli.ance with the PRDrezonin docurnent titled "Fountain Head Golf Resort,, A Planned Residcntial Coniniunit Prepared b Balzer an Associates, Inc. dated 8-17-05 and last revised 11-29-10, I The developer hereb proffers substantial conipliance with the g olf car( crossin sketch shown as Exhibit 'A' attached to (his 1'ezonin document, prepared b Balzer and Associates, Inc. dated 8-14-09 and last revised 11-29- 1 . The developer reserves the ri to replace the at- cart crossin with a tunnel under Ntzer Road in the ffiture. jT111an Ireland Balzer and Associates 19 Adiacent E t Owners, Northern Pro Boundar Alfi-ed E & Pats G Saundet-s 3530 Sfiiismore Ave. I'm# 79.04-02-01 Zonin AG3 1.6 AC. Cui-tis 1� Dilloii 0 Rutrou Rd. Tm# 8.0.00-02-02 Zoiiiii AR 32.01 AC. W estern Propert Boundar Robei-t W & Pe S Bi-a(He 3456 Mt. Pleasmit Rd. Tm# 79,04-02-42 Zoiihi AR 2.029 C. Cath E Cummin 3401 Pitzer Rd. Tiiift 79.04-02-18 Zonin 22.35 AC. Lisa Ami Cummin 3403 Pitzer Rd. T'm# 79,o4-02-12.02 it ri AG3 5.53 AC. Gerald W Patricia M Sink 0 Pitzer Rd. Tm# 79.04-02-12.01 Zonin AG3 2.34 A. Balzer and Associates 13 Gerald W& Pat Sri cia'M Sink 3431 Pitzcr Rd. Tni# 79,04-02-16 Zonin AG3 0.98 AC. Mar R Baker et al. 0 Pitzer, Rd. Tm# 79.04-02-09 Zonin AG3 25.23 AC. Gerald W & Patricia M Sink 0 Pitzer Rd. Tnil/ 79.04-02-13 Zonin A03 5 AC. Gerald W & Patricia M Sink 0 Pit Rd. Tm# 79.04-02-14 Zonin AG3 1.13 AC Tomm L& Lela E Blewett 3521 Simsi-nore Ave. Ti-n# 79.04-02-05 Zonin AG3 8.07 A. Southern Pt-opei-t Botindar Bett 3550 Jac V,Ldlc Rd, Tm# 89.00-01-08.04 Zonin AR 26.49 A. Gre A. Crai 3536 Jae Valle Rd. Tm# 89. 00-0 1- Zonin AR 13.47 AC, ffinizer and Associates 14 Gre A Crai 0 Jac Valle Rd. Tni# 89.00-01-08.01 Zuni - n g : A R 5 AC. Gerald E&, Ircne B Tribbett 3492 Jae V 1 c Rd. Tm# 89.00-0 1 -01 Zonin AR 27.84 AC. Ronald D & Jennie P Wood 0 Saul Ln. Tm4 90.00-03-01 Zonin AG I 0.7 AC. JetTre Y & Cher W Bennett 3900 Saul hi. Tm# 89.00-01-13 Zonin AG3 13.17 AC. I,m-r D & Mar E Wheeler Saul Ln. I'm# 89.00-01-12 ,onin AG3 0.89 AC. Archie R Ke Jr. & Unda W Carter 0 Sun Valle Ln. Tmfi S9.00-01-08.02 Zonin AG3 11.28 AC. Eastern Propert Boundar Rcaves-Di & Associates LLC 3039 Mar Wa Ln. Tm# 80.00-07-03 Zonin AR 1.34 AC. Baize • n n (I Assoc i at es 15 Larks Rid Estates LLC 3045 Mar Wa Ln. -Frn# 80.00-07-04 Zonin AR 1.19 AC. Barr Griffin 3069 Mar Wa Ln. Tin# 80-00-03-05 Zonin AR 1.00 AC. Larks Rid Estates LLC 3093 Mar Wa Ln. Tm# 80.00-07-06 Zonin AR 1.7 AC. Joseph A & Mar W Keaton 0 Iv Rd. Tm# 80.00-02-1 Zonin AR 10.01 AC. Cla N Leftwich () Iv Rd. Tr O 80.00-02-12 Zonin AR 3.56. AC. Cla N Leftwich O l ar y l md Rd. TAP 80,00-02-13 Zonin AR 1.78 AC. Cla N Lcftwich 0 Iv Rd. Tm# 80.00-02-14 Zonin AR 1.78 AC. I I a I zer an Associ ates 16 Ronald J Minor 3299 KN]and Rd. Tmil, 80.00-02-15 Zonin AR 3.56 A. Carl E & Evel L Furrow 0 111 tzer Rd. *1'm4 80.00-03-09 Zoniii AR 5.29 AC. Stist,11-1 1) Rodke 3908 Pitzer Rd. Tm# 80,00-03-79 Zonhi AR 3.11 Ac. Dewe M& Thelma J Gillenwater 3902 Pitzer Rd. I'm# 80.00-03-78 Zonin AR 2.43 AC. Travis R &'Malra C Mornsoll 3892 Pitzer 1W. Tm# 80-00-03-77 Zoniii AR 1.32 AC. Bi-Nin M Bower 3884 Pitzei- 1W. Tm# 80.00-03-76 Zonin AR 1.29 AC. x 18,76 Pit Rd. 'I-'m# 80.00=03-75 Zonin AR 1.39 AC. Balzer and Associates 17 Rodnc D & Billic Jo L Nippel- 3868 Ntzei- Rd. Tn-O/ 80.00-03-74 Zonin AR 1.28 AC. Michael S Stephenson 3858 Pitzer Rd. Tni# 80.00-03-73 Zoiiiii: AR 1.55 ACO Johii F & Janet Corcoraii 3852 flitzcr Rd. Tni# 80.00-03-72 ZoninLr: AR 1.01 AC, Dar D & Melissa P Tolle 3842 Pt:- Rd. Tm# 80.00-03-71 Zonin AR 0.9 AC. James E Gillenwater 3877 Pitt Rd. Tm# 80.00-03-70.01 -1 Zonin AR It 0.68 AGO E C Pace III & Mad c R PC-Icc 0 Pit y- Rd. Tm# 80.00-03-62 Zoiiin AR 33.07 AC. Interior Propert Boundar Johnn D Lambert 36 12 Pitzer Rd. 'ri-n# 79.00-01-02 Zomn AR 2.47 C. 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[,:� •' , e _ Y.. � a a,.."1+ M, I I41}�' �gy� .. pyyy�' ••,. � !M � S wr,�. �j� I ' b I : _ Applicants Name: Fountainhead Land Company, LLC Roanoke County N Existing Zoning: PRD Department of p Proposed Zoning: PRD Tax Map Number. 079.04 -02 -10.00 -0000, 10.01 11 12 79.00 -01 -01 Community Development .02 Magisterial District: Vinton Area: 375 +/- 80 Acres Date: 11/19/2010 Scale: 1 " = 800' Site Land Use Conservation v Rural Preserve Rural Village Village Center Development Neighborhood Conservation - Transition - Co re - Principal Industrial Suburban Village (new category) Economic Opportunity (new category) Applicants Name: Fountainhead Land Company, LLC Roanoke Count y N Existing Zoning: PRD Department of Proposed Zoning: PRD P Tax Map Number. 079.04 -02 -10.00 -0000, 10.01, .02, 11, 12, 79.00 -01 -01 Community Development Magisterial District: Vinton Area: 375 +/ 80 Acres Date: 11/19/2010 Scale: 1 " = 800' BALLY11ACK GOLF COURSE INS TALL A-r[ON AND MArNnNANCE ACRE EMEN-r This Installation and Maintenance A is made b and between the Board of Supervisors of Roanoke Comit Virc0nia, (the "Count ) e') and Fountain Head Land Compan L C ("Fountain Head" this 2nd da of Au 2 0 10. 'a I #-,% I X L,% I On December 15, 2009 the Board of Supervisors adopted an ordinance (Ordinance No. 12l509- amend in the planned resident iai development master pian to authorize and approve an at- g olf cart crossin 0 on Pitzer Road to berterit the Ball Golf Course. The Board authorized and approved this at- g olf cart crossin on Pitzer Road arter considerin the reduction in speed I Irnit to 35 ni.ph as we] I as the volume and character of motor vehicle traffic usin Pitzer Road. I * E M_ am �'. This PRD master plan amendment was can cider ed upon the application of Fountain Head Land Compan LL C. FOUnta i n Head is the owner of the Eta I I y hack G o I f Cc arse. Section 46.2-916.2 authorizes the Count to approve the operation of g olf carts and utilit vehicles on desi public hi and also imposes on the Count the responsibilit for the installation and continuirl 0 W CP ni a i ntenance of an si pertainin to the operation o f g o I f carts or t,i t i I it veh isles, B this a Ball Golf Course and Fountain Head Land Compan LL C a to be responsible for the installation and continuin maintenance of an si pertainin to the operation of g olf carts or ufflit vehicles on or across Pitzer Road for the use and benefit of Ball Golf Course. NOW THEREFORE, the pznles a as follows, I . Fountain Head a to be responsible for all of the costs and expenses associated with the installation of an and all tTaffic control d ear ices ( including 0 si striping and any other structUres re 'b the 0 40 Commonwealth o f Vir Vir Depanment of Transportation) which ma be re for an at- g oif cart -crossin The desi placement and t of tea fic coniTol devices shall be in accordance with the Manual on Uniform Traffic Control Devices ( MUTCD ) and in substantial eon formir to the dra-win prepared b Balzer and Associates entitled "Ball Golf Course, Golf Cart Crossing" dated June 15, 2009 and which is incorporated herem''b reference. Fountainhead shall. also install ccstop" si at the access points to inform g olf cart traffic that it is re -to stop prior to crossina Pitzer Road. I 1 Fountain Head a to be responsible for an and all fees, costs, expenses and bonds associated with the preparation of an application and associated drawin and spec'] ficat Ions for a permit from the Vir Department of Transportation for this at- oolf cart crossina. This permit Shall be is Lied to the Count as appli canto' permittee, and Fountainhead as the Count a 2, Fountain Head agrees to be responsible, for all of the costs and expenses associated with the coat inuin of an and all traffic control deVices described in para I above. 3. Fountain Head a to pa for a liabilit insurance polic in the amount ofTwo Million Dollars indemnif and holdin harmless the Count its officers, a and emplo from an and all claims for dania to personal propert injUr or death ar*1 s* im g ftOM the LISC and operation of g olf carts and utilit vehicles usin the at- g olf cart crossin across Pitzer Road. The Courit shall be named as an additional insured on this liabilit insurance polic The Count shall be provided with a thirt da notice of an cancellation of this polic Failure to maintain this liabilit insurance polic shall result in the immediate termination of the Count approval of the operation of g olf carts or utilit vehicles at this at- crossin on Pitzer Road and the revocation or cancellation. of all permit from the Vir Department of Transportation, 4. Fountain Head a to immediatel repair or replace an traffic control devices which ma be daina Fountain Head a to cease g olf cart crossin operations across Pitzer Road until the traffic control devices are repaired or replaced. Failure to repair or replace an traffic control devices shall result in an in termination of -the operation of oo If carts or utilit vehicles at this at- crossing on Pitzer Road and the Count revocation or cancellation of the VD OT crossin permit, 5. Fountain Head agrees to provide notice to the Count of an transfer of ownership of the Ball g olf course, and it shall provide a notice of assi to an purchaser and to the Count for its approval, said approval will not be unreasonabl withheld. 6. This A shall terminate on October 1, 20141 at which time Fountain Head shall have constructed a tunnel under Pitzer Road in accordance the amendment to the PRD master plan. BOARD OF SU PEEN[ SO R S OF ROANOKE,COUNTY, VIRGINIA TU B B. Cla I[[ Count Administrator roved as to form: Paul M. Mahone Count Attorne 0 FOUNTAIN HEM). ND COMPANY, LLC B State of Vix Count of Roanoke, to-wit: The fore A was acknowled before me the s da of Au 2010, b B. Cla Goodman, III, Count Adff ��st_rator, on behaff of t-he Board of Supervisors of Roanoke Count Vir Notar PuAJ State of Virpua, Count of Roanoke, to The fore A was admowled before me this da of Au 2010, b cLey"\ on behaff of Fountarn Head Land Compan LL C. j . Notar Pu".�_ -PIP REG, - 3 4 tr -r 2 .3 4 . 1 L T H AT A REGU MEETING OF THE BOARD OF SUP ERVISORS OF ROA NOKE CO UNTY , `I I I , HELD AT THE ROANOKE COUNTY ADMINISTRA ENTER, TUESDAY, CE EM EE 1 , 2009 OR DINANCE 1 1 509 - PP I THE I ETITI I OF FOUNTAIN HE LA ND P , LLC, TO A THE P LA NNED RESIDENTIAL D EV E L OPM E N T (PRD) MAS T E R PLAIN RE LATE D TO AT-G RA D E G LF C ART C ROSSIN G ON PITZER ROAD FOR FOUNTAIN H E LF GOLF E T(BALLYHAICK) WHI CH E U' I ES A PPROXIMATELY 375 ACRES, VINTON MAGISTERIAL DISTRICT WH E REAS, the first read f t, i ordinance was held o Septernber.22, 2009, and the sec nd read in a n u blic hea r i ng were heId October 27 2009 � a n WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter t ber 6 , 2009; a n d WHEREAS, S, legal notice n advertisement has been provided r` qui '' r d by law. BE IT ORDAINED by the Board of Supervisors f Roanoke Count, Virginia, as follows 1 . That the proffered conditions imposed b. the Board of Supervisors on a Planned Residential Development (PRD) known as the Fountain Heed Golf Resort captaining approximately 375 +!- acres and located on Pitzer Road (Tax Map Numbers 79.04 - -I F 10.1 P 1 . , 1 1, 12, and 79.00 -1 -1 ) in the int n Magisterial District, are hereby ame nded as fo ll ows : 1 . The dev eloper hereby proffers substantial co mpliance w ith the FORD rezoning doc ument titled "Fountain Head Golf Resort, A Planned Residential Co mmunity N , Prepared b B alzer and Associates, Inc. Dated 2 . The 1 'r hereby proffers su co' mpliance with the g olf cart c rossing sketch shown as Exhibit ' ' attached to this rezoning document, Fags 1 o The at- g olf cart crossin shall not extend be October 1, 2012* at which time a tunlnel under Pitzer Road shall be constructed subject to VD OT approval. 2. That this action is taken upon the application of Fountain Head Land Compan LLC. I That this ordinance shall be in full force and effect thirt ( 30 ) da after its final passa All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereb are, repealed. The Zonin Administrator is directed to amend the zonin district map to reflect the chan in zonin classification authorized b this ordinance. 0 n motion of Supervisor Alt ize r to adopt the resolution, a nd ca rried b the fo I lowin recorded vote-, AYES- Supervisors Church, Flora, McNamara, Alt izer NAYS- Supervisor Moore A COPY - DES -CE: Beck R. or Clerk to the oard of Supervisors A cc. Paull M. Mahone Count Attorne Arnold Cove ' Director of Communit Development Philip Thompson, Deput Directorof Plannin Pa 2 of 2 ommonwealth of Virginia 00 Department of Transportation Land Use Permit f Permit No. 214 -6229 Revision No. .� t Status Active Application No. Effective Date Reinstatement Date 101978 November 23, 2010 Payment Method Check Expiration Date November 23, 2011 Revision Date November 29, 2010 Total Payment Amount $149.00 Perrriittee Information: Your Job # Owner 54730039K- 2146 -3, Roanoke Agent 203202652 -2 -1, Fountain Head Land County Company, L L C Address Roanoke County Address Fountain Head Land CompanV, LLC P. O. Box 29800 3509 Pitzer Road Roanoke, VA 24018 Roanoke, VA 24014 Contact O. Arnold Covey Contact lireland@balleyhackgolfclub.com Phone # (540 )772 -2080 Phone # (540)427 -1395 Fax # (540)772 -2108 Fax # (540 )427 -1396 24 Hr. # (540 )525 -2977 Surety & Account Receivable Information: Name Cash Surety Type No Bond Surety Acct, 0 Amount 0.00 Obligation Amt. 0.09 Surety Holder Owner Acct. Recv. # AUTHORIZATION: In compliance with your application, permission is hereby given insofar as the Commonwealth Transportation Board has the right, power, and authority under sections 33.1 - 12(3); 33.1 -197; 33.1 -198 of the Code of Virginia as amended, to grant by Special Agreement and /or by Land Use Permit for you to perform the work and or activity(s) described below: L Map # 79.04 -2-10,10.10.2.11.12 County /City /Town Roanoke Highway Route(s) 617, Pitzer Road From Route 659, Randall Drive To Route 719, Saul Lane . Work Descriptio Install and maintain traffic control devices in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) and in substantial conformity to the drawing prepared by Balzer & Associates entitled "Baliyhack Golf Cource, Golf Cart C rossing" dated 8 115109 and which is per attached plans. Fee Description New Fee Existing Fee Total R egular $0 $100 $100 Additives $0 $40 $40 Totals .$0.00 $140.40 ,$140.00 Applicant has complied with Section Code 56- 255.15 affidavit is attached. ❑ YES ❑ Not Applicable TERMS: Applicable as stated within the Land Use Permit Manual (current edition) and/or as per approved plan(s) and/or regulatory instructions and/or agreements attached hereto. THIS PERMIT IS NOT VALID WITHOUT THE FOLLOWING ATTACHMENTS: Special Provisions - General COMMONWEALTH TRANSPORTATION BOARD d Call before you dig Greg A. Whirley, Commissioner Allow the required time for marking By: 11/29/2010 t Respect and protect the marks /flags Nw .Excavate carefully Call Miss Utility Final Inspection Requirements: Upon completion of the work described under this permit, the permittee shall contact the following office in writing to request inspection. Salem Residency (540 )387 -5488 P. O. Box 3071 Salem, VA 24153 Permit No.: 214 -6229, Revsion No.: 1 Permittee Copy VDO T's Web Site: www.vdot. virginia.gov t 1 ' monw g ealth of Virg LUP -A epa of Transportation LAND USE PERMIT 1P1 f7 .� ^SV jz�14 _ , - Applicat „ - APPLICATION is hereby made for permit as shown on the accompanying plan or sketch and as descn`bed below. Said activity(s) will be done under and in accordance with the rules and = regulations of the Commonwealth Transportation Board of Virginia, in so far as skid rules are applicable thereto and any agreement between the parties herein before referred to. Where applicable agreements may be attached and made a part of the permit assembly including any cost responsibilities covering work under permit. Applicant agrees to maintain work in a manner as approved upon its completion Applicant also hereby agrees and is bound and held responsible to the owner for any and all damages to any other installations already in place as a result of work covered by resulting permit. Applicants to whom permits are issued shall at all times indemnify and save harmless the Commonwealth Transportation Board members of the Board, the Commonwealth and all Commonwealth employees, agents, and offices, from responsibility, damage, or liability arising from the exercise of the privileges granted in such permit to the extent allowed by law. In consideration of the issuance of a permit the applicant agrees to waive for itself successors in interest or assigns any entitlements it may otherwise have or have hereafter under the Uniform Relocation and Assistant Act of 1972 as amended in event the Department or its successor, chooses to exercise its actmowledged right to demand or cause the removal of any or all fixtures, personality of whatever kind or description that may hereafter be located, should this application be approved. TYPE OR PRINT CLEARLY Driver's license or Tax ID number Contact Name Arnold Cove Owner Name County of Roanoke E-mail Address acowey0),roanokecountyva.eov Address 5204 Bernard Drive Phone Number ( 540 ) 772 -2080 City Roanoke State VA Zip Code 24018 -0798 Emergency Number (L40) 772 -2080 Fax Number (540 776 -7155 Driver's license or Tax ID number Contact Name Jonathan Ireland Agent Name Fountain Head LandCompany, LLC dba Balleyhack Golf Club E-mail Address ' lreland ba11e hack olfclub.com Address 3609 Pitzer Road Phone Number ( 544 ),427- 1395 City Roanoke State VA Zip Code 24014 Emergency Number (L40 ) 525 -2077 Fax Number ( 540 ) 427 -1396 a� Permit Term Requested Fees Enclosed Check Number �4 0 " 4 / 4ouponNumber(s) Money Order [Ether Estimated cost of work to be performed on VDOT Right of Way $ Surety Information: Surety Company Name Amount of Surety $ Obligation Amount $ The Surety posted by Owner ( } or Agent ( } Check # Bond # ILC # Surety Refunds paid to Owner ( ) or Agent( } [ j Corporate Surety [ j Resolution [ j Ordinance [ X j Waived Applicant has provided proof of the following re uirements in accordance as defined in Code of Virginia section 2.2-1151.1. (1) The utility company has registered as an operator with the appropriate notification center. (2) Attached is a notarized affidavit, that the utility owner has notified the commercial and residential developer, owner of commercial or multifamily real estate, or local government entities with a property interest in any parcel of land located adjacent to the property over which the land use is being requested, that application for the permit has been made. Reauest Permission: To perform the following activity(s) To install traffic control devices in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) and in substantial conformity to the drawing prepare by Balzer and Associates entitled "Ballyhack Golf Course, Golf Cart Crossing" dated June 15, 2409 and which is as per attached plans. Location: TaxMapNumber79.44 -2- 1014.1 14.2 11 12 and 79.40 -1 -1 Applicant Job No. Geographically in County 1 Town 1 City of Roanoke On Highway Route and / or Name Route 617lPitzer Road Between Route 659 St. Name Randall Drive Latitude 37,14 Longitude -79.54 And Route 719 St. Name Saul Lane Latitude 37.13 Longitude -79.53 j IF APPLICABLE,] AGREE TO PAY THE FULL SALARY AND EXPENSES OF A STATE ASSIGNED INSPECTOR IN CONJUNCTION WITH T OJECT VE D BY ACCOUNT RECEIVABLE NUMBER. Signature of a lican Titl •,�►�Yh .� Date g PP Si Signature of agent Title , gpa:& Da ' �'n� " All a licable items on this fo must be completed before our request can be considered. Recheck information fwnished to faoi e r a' meet ' Pp P Y eq � ep Y i Required - make Remittance payable to Virginia Department of Transportation. VDOT USE ONLY / N a V 2 3 5 c Receipt is hereby-acknowledged of CHECK In The Amount of $ �- 0 0 Permit Fee $ L *0t P Cash Surety $ Signed COUPON M.O. VDOT Reference Number VDOT.�� 214 -6229 i i s i t r i Commonwealth of Virginia LUP -SP Department of Transportation LAND USE PERMIT a . 3/2010 Special Provisions NOTICE OF PERMITTEE LIABILITY Permittee Agreement for Land Use Permit Issuance 2 1 4 6 2 2 9 I the undersigned applicant hereby acknowledge that I am fully cognizant of all of the following requirements associated with the issuance of a VDOT Land Use Permit. Applicant Name: Ctti of Roanoke f.1 = 3tdQ -U! -p1, Applicant Signature: Clay Goodman/Arnold Covev Project Name: Balle hack Golf Course Route Number: 617 County: Roanoke Residency: Salem Any of the following provisions that may apply, shall apply: 1. Permmittee acceptance and use of a Virginia Department of Transportation (VDCT) Land Use Permit is prima facie evidence that the permittee has read and is fully cognizant of all required permit provisions, applicable traffic control plans and associated construction: standards -to'be employed. ALL applicants to whom permits are issued shall at all times indemnify and save harmless the Commonwealth Transportation Board, members of the Board, the Commonwealth, and all Commonwealth employees, agents, and officers, from responsibility, damage, or liability arising from the exercise of the privileges granted in such permit to the extent allowed by law. 2. The permittee agrees to secure and carry insurance against liability f6r personal injury and property damage that may arise from the work performed under permit and/or from the operation of permitted activity -up to one million dollars ($ 1,000,000) each occurrence to protect the Board members and the Department's agents or employees; seventy -five thousand dollars ($75,000) each occurrence to protect the Board, the Department, or the Commonwealth in event of suit. • r 3. The permittee assumes full responsibility for any and all (downstream flooding, erosion, siltation, etc:) damages that may occur as a result of the work performed under this permit. Furthermore, the Department will in no way be responsible for any damage to the facility being placed as a result of future maintenance or construction activities performed by the Department. 4. The permittee agrees to move, remove, alter, or change any installation that interferes with the ultimate construction of the highway in alignment or grade at NO cost to the Department unless otherwise stipulated and agreed to by the Department. 5. The permittee shall immediately correct any situation that may arise as a result of these activities that the District Admuustrator's designee deems hazardous to the traveling public. 6. Any and all highway signs, right -of -way markers, etc., disturbed as a result of work performed under this permit shall be accurately reset by the permittee immediately following the work in the vicinity of the disturbed facility. The services of a certified land surveyor with experience in route surveying may be required. 'i r 7. It shall - be the permittee's responsibility to obtain ANY and ALL necessary permits that may be required by any y '+ r other. government agencies, i.e., U.S. Army Corp. of Engineers, Department of f Environmental Quality, Department of Conservation and Recreation, etc. 8. A copy of the VDOT Land Use Permit shall be maintained at the work site at all times. 9. The permittee shall notify the local VDOT Residency Office or Permit Office at least 48 hours prior to commencement of ANY work requiring inspection and/or testing as stipulated in VDOT's Road -and Bridge Standards (current edition) and VDOT's Road and Bridge Specifications (current edition). Failure to carry out this requirement may result in permit revocation. 10. The pernnttee is required to notify the local VDOT Residency Office or Permit Office, and the District Traffic Engineering Section when planned excavation is within 1,000 feet of a signalized intersection. Failure to carry out this requirement may result in permit revocation. 11. The permittee shall to notify "Miss Utility" (or each operator of an underground utility where no notification center exists) of ANY planned excavation within state maintained right -of -way. This notification must be provided at least 48 hours (excluding weekends and holidays) in advance of commencing with ANY planned excavation within state maintained right -of- -way. Failure to carry out this requirement may result in permit revocation. 12. It is the duty .of the District Administrator's designee to keep all roads maintained in a safe and travelable condition at ALL times. Therefore, any permit may be dew, revoked or suspended when in the opinion of the District Administrator's designee, the safety, use or maintenance of the highway so requires. 13. The pern shall at ALL times give strict attention n to ,the safety and rights of the traveling public, their employees and themselves. VDOT reserves the right to stop work at anytime due to safety problems and/or non - compliance with the terms of the permit. The Department may, at its discretion, complete any of the work covered in the permit or restore the right- of- way'to the Department's standards and bill the permittee for the actual cost of such work. The permittee may be required to move, alter, change or remove from state maintained right -of -way, in a satisfactory manner, any installation made under this permit. 14. ALL work authorized under the auspices of a VDOT land use permit shad be subject to VDOT's direction and be in accordance with VDOT's Road and Bridge Standards (current edition) and VDOT's .Road and Bridge Specifications (current edition). 15. Design changes, specified material changes and/or field changes from the approved plans shall be submitted to the appropriate District Administrator's designee for review and approval prior to proceeding with the proposed changes. This submittal shall include written justification, supple_ mental documentation and/or engineering calculations that support the requested changes. 16. The permittee shall meet or exceed the existing pavement design and typical section when constructing pavement widening adjacent to an existing state maintained roadway. The proposed pavement design and typical section shall be approved by the District Administrator's designee prior to commencing with any work within state maintained right -of -way. ALL pavement widening shall be in accordance with VDOT Road and Bridge Standard 303.02. Traffic Control and Safety 17. In accordance with the Virginia Department of Transportation (VDOT) Road and Bridge Specification, Special Provision 1 05.14, beginning July 1, 2009, all activities performed under the auspices of a VDOT Land Use Permit involving the installation, maintenance and removal of work zone traffic control devices must have at least one (1) person on -site who, at a' minimum, is verified by VDOT in Basic work Tone Traffic Control. A person verified by VDOT in Intermediate work Tone Traffic Control roust be on -site to provide supervision during work zone adjustments or changes to traffic control due to field conditions. These persons must have their verification card with them while on the work site. The permittee shall be exempt from this requirement if 2 the permitted activity does not involve the installation, maintenance and removal of work zone traffic control devices. 18. Traffic shall NOT be blocked or re- routed (detoured) without written permission from the District Administrator's designee. 19. - During construction, the permittee shall furnish ALL necessary signs, flag persons and other devices (lights, barricades, etc.) providing protection for traffic and workers in accordance with the Virginia York Area Protection Manual or as directed by the District Administrator's designee. 20. ALL signs shall be in accordance with the current edition of the Manual of Uniform Traff c ,Control :Devices (MUTCD). 21. Trained, certified flag persons shall be provided in sufficient number and locations as necessary for control and protection of vehicular and pedestrian traffic in accordance with the MUTCD. The flag person shall carry their certification card while performing flagging duties within state maintained right-of-way. Any flag person found not in possession of his/her certification card shall be removed from the flagging site and the District Administrator's designee will suspend all permitted activities requiring flag persons. Furthermore, flag persons performing duties improperly shall have their certification revoked Authorized Hours and Days of Work 22. Normal hours for work under- the authority of a permit single use or district-wide are from 9:00 a.m. to 3:30 p.m. for all highways classified as arterial or collector. All highways classified as local roads will have unrestricted work hours and. days. The classifications for all state maintained highways can be found at the following link: htt class /man.asn 23. Permitted non - emergency work will not be allowed on arterial and collector highway classifications from noon on the preceding weekday through the follovcring state observed holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. If the observed holiday falls on a Monday, the permit will not be valid from noon on the preceding Friday through noon on Tuesday. 24. The district administrator's designee may establish alternate time restrictions in normal working hours for single use permits. 25. The central office permit manager may establish alternate time restrictions in normal working hours for district - wide permits. Excavation 26. All excavation within state maintained rights -of -way shall comply with OSHA Technical Manual, Chapter 2, Title Excavation: Hazard 'Recognition in Trenching and Shoring. A professional engineer shall certify all sho ring and/or trench boxes. 27. No excavated material is to be placed or tracked on the pavement without written permission from the District Administrator's designee.. when so authotized, the pavement shall be satisfactorily cleaned by a VDOT approved method. No cleated (track-mounted) equipment is to be used on the pavement without properly protecting the pavement from damage. Inspection and Restoration 28. Inspection and testing of all backfill and pavement sections shall be performed in accordance with all applicable sections of VDOT's load and Bridge Specifications (current edition). 29. If during or before construction it is deemed necessary for the loc al VDOT Residency Office or Permit Office to assign an inspector to the project, the permittee shall pay the Department an additional inspection fee in an amount that will cover the salary, expense allowance, and mileage allowance for the inspection(s) assigned by 2 1 A_ 822g the Department for handling work covered by this permit. Said inspection fee shall be paid promptly ead month on invoices rendered by the Department. 30. It shall be the decision of the District Administrator's designee to assign an inspector to monitor the place: of all backfill and pavement restoration activities. 31. The absence of a VDOT inspector does NOT in any way relieve the permittee of their responsibility to perform the work in accordance with the approved plans, provisions of the attached permit, VDOT's Road and Bridge Standards (current edition) and VDOT's Road and Bridge Specifications (current edition). 32. The permittee shall be responsible for any settlement of all backfill or pavement restoration necessitated by authorized excavation activities for a period of two (2) years after the completion date of permit, and for the continuing maintenance of the facilities placed within the highway right -of -way. A one (1 ) year restoration warranty period may be considered, provided the permittee adheres to the following criteria: • The permittee retains the services of a professional engineer (or certified technician under the direction of the professional engineer) to observe the .placement of all backfill and pavement restoration. * The professional engineer (or certified technician under the direction of the professional engineer) performs any required inspection and testing in accordance with all applicable sections of VDOT's Road and Bridge Specifications (see 24VAC30- 151 -760). The professional engineer submits all testing reports for review and approval, - and provides written certification that all restoration procedures have been completed in accordance with all applicable sections of VDOT's Road and Bridge Specifications prior to completion of the work authorized by the permit. 33. The excavated area to be backfilled shall be made as dry as practicable at the time of backfill placement by implementation of a VDOT approved dewatering method. 34. The edges of all authorized pavement cuts shall be trimmed to neat straight lines and a tack coat shall be applied in accordance with current VDOT's Road and Bridge Specifications. 35. Daily trench excavation within pavement sections shall not exceed 500 feet in length and the trench shall be temporarily backfilled flush with the adjacent pavement surface with Type I, Size 21A or 21B aggregate until permanent pavement restoration. If the application of the bituminous courses is delayed due to adverse weather conditions, the contractor shall backfill the trench with a bituminous asphalt base course (BM 25.0) that is acceptable to VDOT until such time as installation of the underground facility is completed and the appropriate pavement restoration can occur: 36. whenever existing pavement is permitted to be cut, not over one -half of the roadway width shall be disturbed at one time and the first open cut trench section shall be satisfactorily restored to allow for the passage of traffic prior to the second half of the roadway surface can be disturbed. 37. The surface pavement restoration shall extend a minimum of 25' on each side of the trench centerline for open cuts perpendicular to the roadway alignment (See LUP -OCPR for details). The extent of pavement restoration for all other pavement cuts shall be determined by the District Administrator's designee. 38. The contractor shall complete all pavement restoration within 10 calendar days of completion of installation of the underground facility. 39. ALL crossing of existing pavement shall be bored, pushed or jacked an appropriate distance from the edge -of- pavement so as not to impede the normal flowv of traffic or damage the existing pavement section. Existing pavement shall NOT be cut unless approved by the District Administrator's designee and then only if justifiable circumstances prevail or proof is shown that a thorough attempt has been made to push, bore or jack. r 40. where the pavement is disturbed or deemed weakened in its entirety or such portions as deemed desirable by the Department, the pavement shall be restored or replaced in a manner that is satisfactory to the District Administrator's designee. Environmental 41. In accordance with the Virginia Department of Transportation (VDOT) Road and Bridge Specification § 107.14 (a), Special Provision 107D, all contractors performing regulated land disturbing activities within VDOT right - of -way must have at least one (1) employee that has successfully completed the VDOT Erosion & Sediment Control Contractor Certification training. This person shall be on site during all land disturbance activities and .will be responsible for insuring compliance with all applicable local, state and federal erosion and sediment control regulations during land disturbance activities. This person must have their certification card with them while on the project site. The land use permit will - be suspended if proof of certification cannot be provided. Regulated land disturbing activities are defined as those activities that disturb 2,500 square• feet or greater in Tidewater, Virginia (as defined in § • 10.1- 2101 of the Code of Virginia) of 10,000 square feet or greater in all other areas of the State. The Department will require evidence of this certification with any Land Use Permit application that involves utility and/or commercial right of way improvement. Improper installation, maintenance and removal of erosion and sediment control devices may result in revocation of VDOT Erosion & Sediment Control Contractor Certification. 42: The permittee is responsible for pursuing and obtaining any and all environmental permits which may be required to pursue the proposed activity prior to any work beginning within state maintained right -of -way. 43. In the event hazardous materials or underground ' storage tanks are encountered within state maintained right -of- way during authorized activities, the permittee shall suspend all work immediately then notify the low VDOT Residency Office or Permit Office and other responsible parties, i.e., the local fire department, emergency services, Department of f' Environmental Quality, etc. The permittee is responsible for coordination and completion of all required remediation necessary to complete the permitted activities within the state maintained right -of -way.. The permittee shall provide evidence of such compliance to the local VDOT Residency office or Permit Office prior to recommencement of permitted activities. 44. In the event cultural resources, archaeological, paleontological, and/or rare minerals are encountered within the right of way during authorized activities, the permittee shall suspend all work immediately then notify the local VDOT Residency Office or Permit Office and the proper state authority charged with the responsibility for investigation and evaluation of such finds. The permittee will meet all necessary requirements for resolving any conflicts prior to continuing with the proposed activities within the state maintained right -of -way, and shall provide evidence of such compliance to the local VDOT Residency Office or Permit Office. 45. Roadway drainage shall NOT be blocked or diverted. The shoulders, ditches, roadside, drainage facilities and pavement shall be kept in an operable condition satisfactory to the Department. Necessary precautions shall be taken by the permittee to insure against siltation of adjacent properties, streams, etc., in accordance with VDOT's current standards or as prescribed by the Department's Environmental Manual and the District Administrator's designee. Entrances 46. VDOT's authority to regulate highway entrances is provided in §§ 33.1-197, 33.1-198 [, and 33.198.1 of the Code of Virginia and its authority to make regulations concerning the use of highways generally is provided in § 33.1 --12 (3) of the Code of Virginia. Regulations regarding entrances are set forth in VDOT's regulations promulgated pursuant to § 33.1 - 198.1 of the Code of Virginia (see 24VAC30 -151 -760). 47. The permittee shall be responsible for the design and installation of a private entrance under the auspices of a VDOT land use permit however the permittee may request that VDOT forces install the private entrance at the permittee's expense. ^ 1 � 2 2 Y V, r 48. Street connections, private entrances, and construction entrances shall be kept in satisfactory condition during r ALL activities authorized under the auspices of a VDOT land use permit. Entrances shall NOT be blocked. Ample provisions must be made to provide safe ingress and egress to adjacent properties at ALL tunes. Entrances that are disturbed shall be restored to the satisfaction of the property owner and the District Administrator's designee. Utilities 49. Prior to any excavation, the permittee shall comply with the terms of Title 56, Chapter 10.3 of the Underground Utility Damage Prevention Act and Section 56- 265.14 through 56- 265.20 of the Code of f Virginia. This permit does NOT grant permission to grade on or near property of others or, adjust or disturb in anyway existing utility poles or underground facilities within the permitted area.. Permission to do so must be obtained from the impacted utility company and any expense involved shall be borne by the permittee. Anv conflicts with existing utility facilities must be resolved between the permittee and the utility owner(s) involved 50. ALL underground utility installations within limited access right -of -way shall have a minim of 36 inches of cover. ALL underground utilities within non - limited access righi -of -way will require a minimum of 36 inches of cover, except underground cables that provide telecommunications service shall be at a minim of 30 inches of cover. 51, where feasible, all aboveground installations (such as fire hydrants, telephone pedestals, markers, etc.) shall be located adjacent to the outside edge of the right -of -way line and in accordance with minimum clear zone requirements. All manhole covers, valve box, etc., shall be installed two inches below existing ground line and shall conform to existing contours. 52. NO poles, guys, anchors, etc., are to be placed on state maintained right -of -way unless authorized under the auspices of a vDOT land use permit. At no time will any such facilities be allowed between the ditch line and the traveled roadway. 53. ALL overhead installations crossing non - limited access highways shall provide a minimum of 18 feet of vertical clearance or at a minim height as established by the National Electric Safety Code, whichever is greater. ALL overhead utility installations within limited access right -of -way shall maintain a minimum of 21 feet of vertical clearance. The vertical clearance for ALL new overhead parallel installations within non - ,limited access rights -of -way shall be in compliance with standards as specified in the National Electric Safety Code. Final Ins ection and Completion of Permit 54. Upon completion of the work covered by this permit all disturbed areas outside of the roadway prism shall be restored to their original condition as found prior to starting such work. 55. Completion of this permit is contingent upon the permittee's completion of the authorized work in accordance with the approved plan and compliance with ALL governing bodies involved in the total completion of work on state maintained right -of -way. 56. Upon completion of the work under permit, the permittee shall provide notification, documented in writing or electronic communication, to the district administrator's designee requesting final inspection. This request shall include the permit number, county name, route number and name of the party or parties to whom the permit was issued. The district administrator's designee shall promptly schedule an inspection of the work covered under the permit and advise the permittee of any necessary corrections. Fountain Head /Ballyhack Golf Course Community Meeting Thursday December 9, 2010 at 6:30pm (Mt. Pleasant Elementary School Cafeteria) There were 14 citizens, 3 applicant representatives, Vinton BOS and PC members and 2 County staff in attendance. The meeting started promptly at 6:30pm. Staff made introductions and then gave the applicant the floor. The applicant stated that they wanted to maintain the integrity and uniqueness of the Mt. Pleasant area. The increase in the density was due to the economy and the popularity of the cluster type homes. There will be no change in the square footage of the homes, it will still be at 2000 sf. And they will not be patio homes as they will be built per the cottage requirements listed in the Masterplan. On Saul Lane the intent is to remove the area of proposed cottages and replace with SFR. Allows for continuity along the 10th hole. Decreasing the minimum lot size will be dictated by the ability to "perk" the property. Explanation of Proffer #2 was given and the reduction in speed from SSmph to 3Smph was noted There is double the required sight distance for the speed. It was stated that the crossing is currently approved at-grade for a limited time, the deadline per the agreement is October 1, 2012. The developer is not sure when the lots will be available. Nine of the 42 lots on the north side have been bought, there is one house currently being built. Water and sewer comments included: • There is no option for a community system • All lots will be individual well and septic - must be shown on plat for review • Wells that have been drilled to date are +/- 200'- 500' deep • Only the parcels west of Saul Lane will be cluster type to appear as cottages The proposed lot size and frontage revisions will apply to all south side lots. Maintenance equipment at the Maintenance Facility will use the at-grade crossing and if the tunnel is constructed, it will be used The barn close to Pitzer Road and the silos will be refurbished. Due to sight distance issues for the at-grade crossing in the vicinity of the barn, the crossing will be slightly moved from directly beside the barn. Citizen comments included If the project is permitted and approved, there should be an annual review requirement Fountain Head /Ballyhack Golf Course Community Meeting Thursday December 9, 2010 at 6:30pm (Mt. Pleasant Elementary School Cafeteria) • Additional lights should be added to Pitzer Road • RCPD patrols should be more frequent than just every 3 -4 months. (Along all of Pitzer Road) • Well depth • Signage location (Can an off - premise sign be added at the Rutrough & Pitzer Road intersection. The meeting ended at approximately 7:50pm. SEC. 30 -47. - PRD PLANNED RESIDENTIAL DEVELOPMENT DISTRICT. (Excerpt from the Roanoke County Zoning Ordinance) Sec. 30 -47 -1. - Purpose. (A) The purpose of this district is to provide for the development of planned residential communities that incorporate a variety of housing options as well as certain limited commercial and office uses designed to serve the inhabitants of the district. This district is intended to allow greater flexibility than is generally possible under conventional zoning district regulations by encouraging ingenuity, imagination and high quality design to create a superior living environment for the residents of the planned community. Incorporation of significant areas of open space is a primary component of these provisions as a means to maintain critical natural and cultural resources. This is balanced with development at densities which compensate, or in certain situations reward with bonuses, for maintenance of these resources. The PRD district is particularly appropriate for parcels which contain a number of constraints to conventional development. In addition to an improved quality of design, the PRD district creates an opportunity to reflect changes in the technology of land development, provide opportunities for new approaches to home ownership, and provide for an efficient use of land which can result in reduced development costs. Sec. 30 -47 -2. - Permitted Uses. (A) The following uses are permitted in the planned residential development district. However, no use shall be permitted except in conformity with the uses specifically included in the final master plan approved pursuant to section 30 -47 -5. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Residential Uses Home Occupation, Type I Multi - family Dwelling Residential Human Care Facility Single- Family Dwelling, Attached Single- Family Dwelling, Detached Temporary portable storage containers Townhouse Two Family Dwelling 2. Civic Uses Community Recreation Crisis Center Day Care Center Educational Facilities, Primary /Secondary Family Day Care Home Park and Ride Facility * Public Parks and Recreational Areas Religious Assembly Safety Services * Utility Services, Major Utility Services, Minor 3. Office Uses General Office * Medical Office * 4. Commercial Uses Convenience Store Gasoline Station * Personal Services Restaurant, General S. Miscellaneous Uses Amateur Radio Tower (B) Other use types which are not listed above and which are determined to be appropriate and compatible with the proposed development and surrounding uses may be permitted in the PRD district where they are specifically proposed in the initial preliminary master plan and approved pursuant to Section 30 -47 -5. (Ord. No. 82493 -8, § 2, 8- 24 -93; Ord. No. 042208 -16, § 1, 4- 22 -08; Ord. No. OS2609 -22, § 1, 5- 26 -09) Sec. 30 -47 -3. -Site Development Regulations. (A) Each planned residential development shall be subject to the following site development standards. 1. Reserved. 2. Maximum gross density: 5 dwelling units per acre, excluding any density bonuses provided for below. 3. Minimum common open space and /or recreational areas: 15 percent of the gross area of the PRD district. 4. Criteria for all open space: a. Minimum countable open space: 5,000 contiguous square feet. b. Minimum horizontal dimension: SO feet, except that areas with a horizontal distance of not less than 20 feet shall be counted as open space provided such areas contain facilities such as, but not limited to, bikeways, exercise trails, tot lots, gazebos, picnic tables, etc. c. Common open space shall not include proposed street rights -of -way, open parking areas, driveways, or sites reserved for schools or places of religious assembly. d. Common open space and /or recreational areas shall be of an appropriate nature and location to serve the residents of the district. S. Open space bonus: For each additional S percent of open space the maximum gross density specified in (A)2. above shall be increased 2.S dwelling units per acre. The maximum open space bonus shall be 2S percent. 6. A 7.S percent bonus to the gross density may be approved by the administrator when a historic site will be preserved and maintained as an integral part of the development proposal. The historic site must be included in the County Historic Resources Inventory and meet one of the following: a. The historic site shall be listed on the Virginia Landmarks Register and the National Register of Historic Places; b. The historic site shall have been determined to be eligible for listing on the registers cited in a. above by the State Review Board for Historic Preservation; or, c. The historic site shall have been officially designated by the board of supervisors as having county or local significance. 7. Maximum area for commercial and /or office uses: 10 percent of the gross area of the PRD. In addition, the following standards shall apply: a. Commercial and office uses shall be expressly designed for the service and convenience of the PRD; b. Commercial and office uses shall be screened and landscaped so as to be compatible with adjoining residences; c. Construction of commercial and office uses shall not begin until 2S percent of the residential units of the total PRD have been completed. 8. Minimum setback requirements shall be specifically established during the review and approval of the Master Plan. The following guidelines shall be used in establishing the building spacing and setbacks: a. Building spacing shall provide privacy within each dwelling unit; b. Building spacing shall ensure that each room has adequate light and air; c. Areas between buildings used as service yards, storage of trash, or other utilitarian purposes should be designed so as to be compatible with adjoining dwellings; d. Building spacing and design shall provide privacy for outdoor activity areas (patios, decks, etc.) associated with individual dwelling units. 9. Streets in the PRD district may be public in accordance with VDOT and county standards or may be private. In reviewing the PRD preliminary master plan, the commission may recommend, and the board may approve, one or more private streets within the proposed district. (Ord. No. 042799 -11, § 2, 4- 27 -99) Sec. 30 -47 -4. - Relationship to Existing Development Regulations. (A) All zoning regulations shall apply to the development of the PRD, unless modified in the approval of the final master plan. Sec. 30 -47 -5. - Application Process. (A) Prior to submitting a formal application for review and approval under these provisions, the applicant and county staff shall meet to discuss the requirements of this section. The purpose of the meeting is to obtain a mutual understanding of the application requirements and process. The applicant is encouraged to submit information on the scope and nature of the proposal to allow staff to become familiar with the proposal in advance of this meeting. (B) Any application to rezone land to the PRD designation, shall constitute an amendment to the zoning ordinance pursuant to section 30-14. This information shall be accompanied by graphic and written information, which shall constitute a preliminary master plan. All information submitted shall be of sufficient clarity and scale to clearly and accurately identify the location, nature, and character of the proposed district. At a minimum this information shall include: 1. A legal description and plat showing the site boundaries, and existing street lines, lot lines, and easements. 2. Existing zoning, land use and ownership of each parcel proposed for the district. 3. A general statement of planning objectives to be achieved by the PRD district, including a description of the character of the proposed development, the existing and proposed ownership of the site, the market for which the development is oriented, and objectives towards any specific manmade and natural characteristics located on the site. 4. A description and analysis of existing site conditions, including information on topography, archeological and historic resources, natural water courses, floodplains, unique natural features, tree cover areas, etc. S. A land use plan designating specific uses for the site, both residential and non - residential uses, and establishing site development regulations, including setback, height, building coverage, lot coverage, and density requirements. 6. A circulation plan, including location of existing and proposed vehicular, pedestrian, bicycle, and other circulation facilities and location and general design of parking and loading facilities. General information on the trip generation, ownership and maintenance and proposed construction standards for these facilities should be included. A Traffic Impact Analysis may be required by the administrator. 7. A public services and utilities plan providing requirements for and provision of all utilities, sewers, and other facilities to serve the site. 8. An open space plan, including areas proposed for passive and active recreational uses, natural and undisturbed areas, and proposed buffer areas proposed around the perimeter of the site. Information on the specific design and location of these areas and their ownership and maintenance shall be included. 9. Generalized statements pertaining to architectural and community design guidelines shall be submitted in sufficient detail to provide information on building designs, orientations, styles, lighting plans, etc. 10. A development schedule indicating the location, extent and sequence of proposed development. Specific information on development of the open space, recreational areas, and non - residential uses shall be included. (C) The completed rezoning application and supporting preliminary master plan materials 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. The proposed district shall be posted with signs indicating the date and time of the commission public hearing. (D) 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 preliminary master plan. 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. (E) If the commission recommends denial of the preliminary master plan, or approval with modification, the applicant shall, if requested, have 60 days to make any modifications. If the applicant desires to make any modifications to the preliminary master plan, the board of supervisor's review and action shall be delayed until such changes are made and submitted for review. (F) The board of supervisors shall review the preliminary master plan, and act to approve or deny the plan within 90 days. Approval of the preliminary master plan shall constitute acceptance of the plan's provisions and concepts as proffers pursuant to section 30 -15 of this ordinance. The plan approved by the board of supervisors shall constitute the final master plan for the PRD. Once approved by the board of supervisors, the administrator shall authorize the revisions to the official zoning map to indicate the establishment of the PRD district. (Ord. No. 042799 -11, § 1a., 4- 27 -99; Ord. No. 042208 -16, § 1, 4- 22 -08) Sec. 30 -47 -6. - Revisions to Final Master Plan. (A) Major revisions to the final master plan shall be reviewed and approved following the procedures and requirements of Section 30 -47 -5. Major revisions include, but are not limited to changes such as: 1. Any increase in the density of the development; 2. Substantial change in circulation or access; 3. Substantial change in the mixture of dwelling unit types included in the project; 4. Substantial changes in grading or utility provisions; S. Substantial changes in the mixture of land uses or an increase in the amount of land devoted to non - residential purposes; 6. Reduction in the approved open space, landscaping or buffering; 7. Substantial change in architectural or site design features of the development; 8. Any other change that the administrator finds is a major divergence from the approved final master plan. (B) All other changes in the final master plan shall be considered minor amendments. The administrator, upon receipt of a written request of the owner, may approve such minor amendments. 1. If the administrator fails to act on a request for a minor amendment to the master plan within 30 calendar days, it shall be considered approved. 2. A request which is disapproved by the administrator shall be considered a major amendment and shall be subject to the approval process outlined above for such amendments. (Ord. No. 042208 -16, § 1, 4- 22 -08) Sec. 30 -47 -7. - Approval of Preliminary and Final Site Development Plans. (A) Following the approval of the final master plan, the applicant or its authorized agent, shall be required to submit preliminary and final site development plans for approval. Final site development plans for any phase or component of the PRD that involves the construction of structures or facilities, shall be approved prior to the issuance of a building and zoning permit, and the commencement of construction. Standards for preliminary and final site development plans are found in a document entitled Land Development Procedures, available in the department of community development. (B) It is the intent of this section that subdivision review under the subdivision regulations be carried out simultaneously with the review of a planned residential development under this section. The plans required under this section shall be submitted in a form which will satisfy the requirements of the subdivision regulations, as determined by the administrator. (C) Preliminary and final site development plans submitted for review shall in compliance with the final master plan approved by the board of supervisors. Roanoke County shall review and approve or disapprove any final site development plan within 60 days of its submittal. (D) No Planned Residential Development shall be approved and no work shall be authorized on construction until all property included in the Final Master Plan is in common ownership. (Ord. No. 042799 -11, § 1d., 4- 27 -99) Sec. 30 -47 -8. - Failure to Begin Development. (A) Failure of the applicant to submit a preliminary site development plan for at least one portion of the planned residential development within 18 months of the approval of the final master plan, shall constitute an application on the part of applicant to rezone the PRD to the district designations in effect prior to the approval of the final master plan. Sec. 30 -47 -9. - Control Following Approval of Final Development Plans. (A) The zoning administrator shall periodically inspect the site and review all building permits issued for the development to ensure that the development schedule is generally complied with. The provision and construction of all of the common open space and public and recreational facilities shown on the final development plan must proceed at the same rate as the construction of dwelling units. If the administrator finds that the development schedule has not been followed, no permits, except for the above mentioned facilities, shall be issued until the developer complies with the development schedule, unless the developer has provided a performance bond or similar instrument to guarantee that such common open space and /or public and recreational facilities will be provided for at a specific date. Sec. 30- 47 -10. - Existing Planned Unit Developments. (A) Any planned unit development approved under procedures in force before the effective date of this ordinance shall be designated as Planned Residential Development Districts and shall be governed by requirements or restrictions applicable at the time of their approval. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 8, 2011 ORDINANCE APPROVING /DENYING THE PETITION OF FOUNTAIN HEAD LAND COMPANY, LLC, TO AMEND THE PLANNED RESIDENTIAL DEVELOPMENT MASTER PLAN TO DECREASE THE MAXIMUM NUMBER OF COTTAGES, TO DECREASE THE MAXIMUM NUMBER OF BEDROOMS IN THE CLUBHOUSE, TO INCREASE THE MAXIMUM NUMBER OF RESIDENTIAL LOTS TO 110, AND TO REDUCE THE MINIMUM LOT SIZE AND ROAD FRONTAGE FOR RESIDENTIAL LOTS SOUTH OF PITZER ROAD, AND TO AMEND A PROFFERED CONDITION DEALING WITH AN AT -GRADE GOLF CART CROSSING ON PITZER ROAD FOR FOUNTAIN HEAD GOLF RESORT (BALLYHACK) WHICH MEASURES APPROXIMATELY 375 ACRES, VINTON MAGISTERIAL DISTRICT WHEREAS, the first reading of this ordinance was held on December 14, 2010, and the second reading and public hearing were held February 8, 2011; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on January 4, 2011; 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 proffered conditions imposed by the Board of Supervisors on a Planned Residential Development (PRD) known as the Fountain Head Golf Resort containing approximately 375 +/- acres and located on Pitzer Road (Tax Map Numbers 079.04 -02 -10.00 -0000 079.04 -02 -10.03 -0000 079.04 -05 -01.00 -0000 079.04- 05- 02.00- 0000 079.04 -05- 03.00 -0000 079.04 -05- 04.00 -0000 079.04 -05- 05.00 -0000 079.04 -05- 06.00 -0000 079.04 -05 -07.00 -0000 079.04 -05- 08.00 -0000 079.04 -05 -11.00 -0000 079.04- 05 -13.00 -0000 079.04 -05 -14.00 -0000 079.04 -05 -15.00 -0000 079.04 -05 -16.00 -0000 079.04 -05 -17.00 -0000 080.00 -02 -68.00 -0000 080.03 -02 -02.00 -0000 080.03- 02- 03.00- Page 1 of 3 0000 080.03 -02- 04.00 -0000 080.03 -02- 05.00 -0000 080.03 -02- 06.00 -0000 080.03 -02- 07.00 -0000, 080.03 -02 -09.00 -0000 080.03 -02 -12.00 -0000 080.03 -02 -13.00 -0000 080.03- 02 -15.00 -0000, 080.03 -02 -16.00 -0000 080.03 -02 -17.00 -0000 080.03 -02 -18.00 -0000 080.03 -02- 19.00 -0000 080.03 -02- 20.00 -0000 080.03 -02- 21.00 -0000 080.03- 02- 22.00- 0000 080.03 -02- 23.00 -0000 080.03 -02- 25.00 -0000 080.03 -02- 26.00 -0000 080.03 -02- 27.00 -0000 080.03 -02- 28.00 -0000) in the Vinton Magisterial District, are hereby amended as follows: 1) The developer hereby proffers substantial compliance with the PRD rezoning document titled "Fountain Head Golf Resort, A Planned Residential Community," prepared by Balzer and Associates, Inc. dated 8- 17 -05, and last revised 11- 29 -10. 2) The developer hereby proffers substantial compliance with the golf cart crossing sketch shown as Exhibit `A' attached to this rezoning document, prepared by Balzer and Associates, Inc. dated 8 -14 -09 and last revised 1 -31- 11. All golf cart crossing improvements shown on Exhibit `A' shall be installed by the developer by March 1, 2011. 3) The developer shall install a golf cart crossing tunnel under Pitzer Road, subject to VDOT approval, within 18 months after one of the following conditions has been met: a) 75 residential lots have been sold; or b) VDOT's average annual daily trip counts have reached 3,250 vehicle trips per day as counted at the location of the at -grade golf cart crossing. 2. That this action is taken upon the application of Fountain Head Land Company, LLC. 3. That this ordinance shall be in full force and effect thirty (30) days after its Page 2 of 3 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. Page 3of3