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Home My WebLink About7/12/2011 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 12 2011 RESOLUTION 071211 -1 REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO RESTRICT THROUGH TRUCK, OR TRUCK AND TRAILER OR SEMI - TRAILER COMBINATIONS ON ROUTE 657 (CROWELL GAP ROAD), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the Roanoke County Board of Supervisors and the Franklin County Board of Supervisors have studied the possibility of placing a through truck, or truck and trailer, or semi - trailer combinations restriction on Route 657 (Crowell Gap Road); and WHEREAS, the through truck, or truck and trailer, or semi - trailer combinations restriction is proposed for Route 657 (Crowell Gap Road) beginning at the intersection of Route 684 (Boones Mill Road), then traveling west on Route 657 (Crowell Gap Road), and ending at the intersection of Route 666 (Bandy Road), with the termini to termini distance equaling approximately three point two (3.2) miles; and WHEREAS, the alternate route proposed is Route 684 (Boones Mill Road) beginning at the intersection of Route 657 (Crowell Gap Road), then traveling south to Route 220 (Virgil Goode Highway /Franklin Road), then traveling north to Route 657 (Crowell Gap Road), then traveling east to the intersection of Route 666 (Bandy Road), with the termini to termini distance equaling approximately twelve point one (12.1) miles; and WHEREAS, the alternate route has been found to be reasonable; and WHEREAS, a public hearing was held on July 12, 2011, according to Section 46.2 -809 of the Code of Virginia, 1950, as amended. NOW, THEREFORE BE IT RESOLVED, that the Roanoke County Board of Supervisors requests the Virginia Department of Transportation to restrict through truck, Page 1 of 2 or truck and trailer, or semi - trailer combinations on Route 657 (Crowell Gap Road) beginning at the intersection of Route 684 (Boones Mill Road), and ending at the intersection of Route 666 (Bandy Road), with the termni to termni distance equaling approximately three point two (3.2) miles; and BE IT FURTHER RESOLVED that the County will use its offices for enforcement of the proposed restriction in Roanoke County. BE IT FURTHER RESOLVED that a copy of this resolution be sent to the clerk of the Franklin County Board of Supervisors. On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A COPY TESTE: Deborah C. Jac s Clerk to the Board of Supervisors cc: David Holladay, Planning Administrator Sharon K. Tudor, MMC, Clerk, Franklin County Board of Supervisors Virginia Department of Transportation I hereby certify that the foregoing is a true and correct copy of Resolution 071 21 1 -1 adopted by the Roanoke county Board of Supervisors by a unanimous recorded vote on Tuesday, July 12, 2011. 'Pga'aA. Z4. "A %" Deborah C. Jacks Clerk to the Board of Supervisors Page 2 of 2 ACTION NO. A- 071211 -2 ITEM NO. F -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 12, 2011 AGENDA ITEM: Request to approve Smith Gap Landfill Host Community Improvement Fund, Public Improvement Plan Expenditures SUBMITTED BY: David Holladay Planning Administrator APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke Valley Resource Authority (RVRA) has requested that the Roanoke County Board of Supervisors review and approve a Public Improvement Plan funded through the Landfill Host Community Improvement Fund. The zoning approval of the Smith Gap Regional Landfill included the adoption of Permit Conditions and Operating Policies that govern the use and operation of the landfill property. Included in these policies was the establishment of a Host Community Improvement Fund. The host community is defined as an area within a five thousand (5,000) foot radius from the landfill property. The Host Community Improvement Fund was established using donations from the RVRA, in order to fund construction and maintenance of public improvements to the host community. Ten thousand dollars ($10,000) is donated to the fund annually by the RVRA. Expenditures from the fund would be developed with assistance from the residents of the host community, and reviewed by the RVRA Board of Directors, as well as the Roanoke County Planning Commission and Board of Supervisors. The proposed Public Improvement Plan involves bringing wireless internet services into and throughout the host community area. The RVRA Board of Directors reviewed and approved the proposed Public Improvement Plan on June 22, 2011. Details of the Page 1 of 2 proposed project, as well as the recent RVRA review and approval, are attached. FISCAL IMPACT: There will be no fiscal impact to Roanoke County. ALTERNATIVES: 1. Board of Supervisors approve the recommended Public Improvement Plan as presented by the Host Community and approved by the Roanoke Valley Resource Authority and Roanoke County Planning Commission. 2. Take no action. STAFF RECOMMENDATION: Staff recommends alternative one. VOTE: Supervisor Church moved to approve the staff recommendation. Motion approved. cc: David Holladay, Planning Administrator Page 2 of 2 Yes No Absent Ms. Moore z ❑ ❑ Mr. Altizer z ❑ ❑ Mr. Flora z ❑ ❑ Mr. Elswick z ❑ ❑ Mr. Church z El El cc: David Holladay, Planning Administrator Page 2 of 2 AT A REGULAR MEETING FOTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 12 2011 RESOLUTION 071211 -3 GRANTING A WAIVER TO BRANDON LACROIX, TOURNAMENT CHAIRMAN FOR THE JJ REDICK CELEBRITY GOLF TOURNAMENT AND GALA UNDER SECTION 13- 23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II. NOISE OF CHAPTER 13. OFFENSES — MISCELLANEOUS WHEREAS, Brandon LaCroix, Tournament Chairman for the JJ Redick Celebrity Golf Tournament and Gala, will be playing music outdoors on Saturday, July 23, 2011 ending at 11:30 p.m. at the Ballyhack Golf Club located at 3609 Pitzer Road, Roanoke, VA; and WHEREAS, in order to accommodate the advertised time frame and to benefit the community by raising funds to be donated to CHIP of the Roanoke Valley and the Children's Miracle Network, Mr. LaCroix is requesting a waiver of the County noise ordinance until 11:30 P.M., on Saturday July 23, 2011; and WHEREAS, Section 13 -23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance to avoid undue hardship upon consideration of certain factors set forth in sub - section (b) of Section 13 -23 and after making certain alternative findings. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the provisions of Section 13 -21. Specific acts as noise, sub - section (5) and Section 13 -20. General prohibition of Article II. Noise be WAIVED from 6:00 p.m. until 11:30 p.m. on Saturday, July 23, 2011. 2. That this waiver is granted specifically to Brandon LaCroix, Tournament Chairman for the JJ Redick Celebrity Golf Tournament and Gala, for the event scheduled at the Ballyhack Golf Club on Saturday, July 23, 2011. Page 1 of 2 On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A C PY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors cc: Brandon LaCroix, Tournament Chairman JJ Redick Celebrity Golf Tournament and Gala Paul M. Mahoney, County Attorney Page 2of2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 12 2011 ORDINANCE 071211 -4 AUTHORIZING THE LEASE OF SPACE IN THE SOUTH COUNTY LIBRARY TO JOHNSON & ELICH ROASTERS, LTD. D /B /A MILL MOUNTAIN COFFEE AND TEA FOR THE OPEATION OF A COFFEE SHOP WHEREAS, the new South County Library is currently being constructed and will include a coffee shop area in the community section of the building consisting of a cafe preparation area, counter area, seating area as well as a drive through window; and WHEREAS, the County has negotiated a lease agreement with Johnson & Elich Roasters, Ltd. d /b /a Mill Mountain Coffee and Tea for the operation of the coffee shop for the initial period of October 1, 2011, through September 30, 2014, with the option to extend the lease upon the certain terms and conditions, and that the rent for the leased premises shall be based upon a percentage of gross sales from the coffee shop and catering within the library; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the disposition of the herein - described real estate was held on June 28, 2011; the second reading and public hearing was held on July 12, 2011; and 2. That the property to be leased consists 895 square feet located on the 1St floor of the South County Library, as shown on the attached Exhibit "A "; and 3. That it is in the County's best interests to lease this property to Johnson & Elich Roasters, Ltd. d /b /a/ Mill Mountain Coffee and Tea for the operation of a coffee shop area in the South County Library. 4. That the County Administrator, or his designee, is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. Page 1 of 2 On motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None Clerk to the Board of Supervisors cc: Diane D. Hyatt, Assistant County Administrator Rebecca Owens, Director of Finance Page 2 of 2 O N z 0 0 o z O� o O d � i r_ r O O �o r D Z El m " ' oil 0 0 001 0 0 �v� an ■NINE M�1 ■ .:_l A o 0 rt1 0 0 rn FE AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 12 2011 RESOLUTION 071211 -5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for July 12, 2011, designated as Item I Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8 inclusive, as follows: 1. Approval of minutes — June 14, 2011 2. Request to accept and appropriate a Local Government Challenge Grant in the amount of $5,000 from the Virginia Commission for the Arts 3. Request to accept and appropriate a donation in the amount of $500 for the Blue Ridge Regional Crash Investigation Team for traffic safety projects for fiscal year 2010 -2011 4. Request to accept and appropriate funds in the amount of $48,746 to the Sheriff's Office from Federal Grant 12- D5846CR09, approved under the Criminal Justice Systems Improvement Program from the Department of Criminal Justice Services 5. Request from the Library to accept and appropriate a programming support grant in the amount of $500 from the Commonwealth of Virginia Commission for the Arts 6. Confirmation of appointments to the Board of Zoning Appeals (appointed by District); Roanoke Valley Sustainability Consortium Steering Committee 7. Resolution adopting new Vinton Business Center Development Guidelines and Protective Covenants and authorizing the recordation of such document in the Circuit Court Clerk's office of Roanoke County, Virginia Page 1 of 2 8. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Shelia Rase Dooley, Customer Service Representative II, upon her retirement after more than twenty -eight years of service On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None OPY TESTS: Deborah C. Jacks Wsupervisors Clerk to the Board Page 2 of 2 ACTION NO. A- 071211 -5 . a ITEM NO. 1 -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2011 AGENDA ITEM: Request to accept and appropriate a Local Government Challenge Grant in the amount of $5,000 from the Virginia Commission for the Art. SUBMITTED BY: W. Brent Robertson Director of Management and Budget APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County applied for a Local Government Challenge Grant from the Virginia Commission for the Arts. The Commission will match up to $5,000 (if full funding is approved) of any donation the County makes to qualified art organizations in the valley. In the fiscal year 2010 -2011 budget, the Board of Supervisors approved an appropriation of $1,500 for the Arts Council of the Blue Ridge; $2,800 for the Historical Society of Western VA — O. Winston Link Museum and $5,300 for the Roanoke Symphony Orchestra. Staff, therefore, applied for the maximum grant allocation of $5,000. Roanoke County was awarded $5,000 for fiscal year 2010 -2011. FISCAL IMPACT: Staff recommends dividing the $5,000 grant between the Arts Council of the Blue Ridge, the Historical Society of Western VA — O. Winston Link Museum, and the Roanoke Symphony Orchestra. Combined with the County's appropriation, the following amounts would be available to the organizations referred to above. Page 1 of 2 ALTERNATIVES: There are no alternatives to this agenda item. STAFF RECOMMENDATION: Staff recommends acceptance of the Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $5,000 to be distributed as indicated above. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. County VCA Total Arts Council of the Blue Ridge $1 $1 $3 Historical Society of Western VA — O. Winston � ❑ ❑ Link Museum $2,800 $1,750 $4,550 Roanoke Symphony $5,300 $1,750 $7,050 Mr. Church $9 $5 $14 ALTERNATIVES: There are no alternatives to this agenda item. STAFF RECOMMENDATION: Staff recommends acceptance of the Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $5,000 to be distributed as indicated above. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: W. Brent Robertson, Director of Management and Budget Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: W. Brent Robertson, Director of Management and Budget Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A- 071211 -5 . b ITEM NO. 1 -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 12, 2011 AGENDA ITEM: Request to accept and appropriate a donation in the amount of $500 for the Blue Ridge Regional Crash Investigation Team for traffic safety projects for fiscal year 2010 -2011 SUBMITTED BY: James R. Lavinder Chief of Police APPROVED BY: B. Clay Goodman, III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION A $500 donation was made by Wal -Mart to the Roanoke County Police Department for the use in traffic safety projects performed by the Blue Ridge Regional Crash Teams. This project is overseen by the Police Department. FISCAL IMPACT: None. 100% donated funds. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the donation from Wal -Mart in the amount of $500. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: James R. Lavinder, Chief of Polie Rebecca Owens, Director of Finance Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: James R. Lavinder, Chief of Polie Rebecca Owens, Director of Finance ACTION NO. A- 071211 -5 . c ITEM NO. 1 -4 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: July 12, 2011 Request to accept and appropriate funds in the amount of $48,746 to the Sheriff's Office from Federal Grant 12- D5846CR09, approved under the Criminal Justice Systems Improvement Program from the Department of Criminal Justice Services Michael G. Winston Sheriff B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Sheriff's Office has received approval for a grant, which provides funds from the Department of Criminal Justice Services for a Criminal Justice Systems Improvement program. This program will provide funds to purchase a new server, computers, mobile data terminals, printers and scanners. This grant is award is for a twelve (12) month period from July 01, 2011, to June 30, 2012. FISCAL IMPACT: This grant requires a match of twenty five percent (25 %) and funds are available in the Sheriff's Office Subfund. The grant is in the amount of $36,560 in federal funds and $12,186, twenty -five percent (25 %) local cash match for atotal of $48,746 and requires no additional funding from the Board of Supervisors. STAFF RECOMMENDATION: Staff recommends accepting and appropriating the Criminal Justice Systems Improvement grant from the Byrne JAG Program in the amount of $48,746 to the Sheriff's Office. Page 1 of 2 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Michael G. Winston, Sheriff Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Michael G. Winston, Sheriff Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A- 071211 -5 . d ITEM NO. 1 -5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 12, 2011 AGENDA ITEM: Request from the Library to accept and appropriate a programming support grant in the amount of $500 from the Commonwealth of Virginia Commission for the Arts 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 grant in the amount of $500 from the Commonwealth of Virginia Commission for the Arts. If accepted and appropriated by the Board, the grant will be used to help offset expenses associated with bringing a professional troupe of puppeteers to appear at the libraries during the Summer Reading Program. The performances are designed to encourage early literacy activities with and among young children. FISCAL IMPACT: No additional funding is required. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the grant. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Diana L. Rosapepe, Director of Library Services Rebecca Owens, Director of Finance Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: Diana L. Rosapepe, Director of Library Services Rebecca Owens, Director of Finance ACTION NO. A- 071211 -5 . e ITEM NO. 1 -6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 28, 2011 AGENDA ITEM: Confirmation of appointments to the Board of Zoning Appeals (appointed by District); Roanoke Valley Sustainability Consortium Steering Committee SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Board of Zoning Appeals (appointed by District) Supervisor Elswick has appointed Mr. Karr to an additional five -year term which will expire on June 30, 2016. Confirmation has been placed on the Consent Agenda. 2. Roanoke Valley Sustainability Consortium Steering Committee During the closed meeting on June 28, 2011, the Board of Supervisors appointed Eddie "Ed" Elswick to the Steering Committee, Megan Cronise and David Holladay (Alternate) to the Technical Committee. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: John Murphy, Zoning Administrator Jake Gilmer, Roanoke Valley Alleghany Regional Commission David Holladay, Planning Administrator Megan Cronise, Principal Planner Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick � ❑ ❑ Mr. Church � ❑ ❑ cc: John Murphy, Zoning Administrator Jake Gilmer, Roanoke Valley Alleghany Regional Commission David Holladay, Planning Administrator Megan Cronise, Principal Planner AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JULY 12 2011 RESOLUTION 071211 -5.F ADOPTING NEW VINTON BUSINESS CENTER DEVELOPMENT GUIDELINES AND PROTECTIVE COVENANTS AND AUTHORIZING THE RECORDING OF SUCH DOCUMENT IN THE CIRCUIT COURT CLERK'S OFFICE OF ROANOKE COUNTY, VIRGINIA WHEREAS, the Roanoke County Board of Supervisors on June 28, 2011 repealed the existing proffered conditions on the McDonald Farm, now known as the Vinton Business Center and adopted an amended Master Plan for the 97.17 acre tract comprising the Vinton Business Center, Vinton Magisterial District; and WHEREAS, new Development Guidelines and Protective Covenants have been drafted and agreed to among the County of Roanoke, the Town of Vinton and Cardinal IG Company, operating as Cardinal Glass, to govern and control the future development and use of the property comprising the Vinton Business Center; and WHEREAS, the Roanoke County Board of Supervisors, in conjunction with the Town of Vinton and Cardinal IG Company, desires that the new Development Guidelines and Protective Covenants for the Vinton Business Center be recorded among the land records in the Clerks Office of the Circuit Court of Roanoke County, Virginia, so as to be perpetual restrictions running with the land. WHEREAS, the reading of this resolution was held on July 12, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the attached Development Guidelines and Protective Covenants for the Vinton Business Center, Exhibit "A" are hereby approved. 2. That the County Administrator is directed to execute the new Development Guidelines and Protective Covenants for the Vinton Business Center on behalf of the Board of Supervisors and to see to the recording of this document in the Clerks Office of the Circuit Court of Roanoke County, Virginia, upon the advise Page 1 of 2 and assistance of the office of the County Attorney, once executed on behalf of the Town of Vinton and cardinal IG company. 3. That this Resolution shall be in effect from its adoption. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A Q►0PY TESTS: & I AACJI Deborah C. Jack: Clerk to the Boar( cc: dill Loope, Assistant Director of Economic Development Darlene R. Bailey, Clerk to the Vinton Town Council of Supervisors Page 2 of 2 EXHIBIT A VINTON BUSINESS CENTER DEVELOPMENT GUIDELINES AND PROTECTIVE COVENANTS WHEREAS the Town of Vinton, Virginia, hereinafter referred to as the "TOWN ", and the County of Roanoke, Virginia, hereinafter referred to as the "COUNTY", have entered into an agreement for the cooperative development of the Vinton Business Center, hereinafter referred to as the "CENTER ", being the same tract or parcel of land known as the McDONALD FARM, which real estate is more particularly described in Exhibit "A" attached hereto and made a part hereof by this reference; and WHEREAS, the CENTER was previously subject to a rezoning by the Board of Supervisors of Roanoke County, Virginia, adopted on October 26, 1999, upon the application of the Town of Vinton for the entire tract of 99.38 acres comprising the McDONALD FARM which rezoning ordinance included certain voluntarily proffered conditions for the development of the CENTER; and WHEREAS, subsequent to the aforesaid rezoning action, the TOWN recorded in the Clerk's Office of the Circuit Court of Roanoke County "Protective Covenants, Conditions and Restrictions for the McDonald Farm" at Deed Book 1 647, page 1 066; and WHEREAS, Cardinal IG Company, operating as Cardinal Glass , hereafter "CARDINAL GLASS ", acquired Lot 3 of the CENTER from the TOWN as of January 8, 2004; WHEREAS, the Board of Supervisors of Roanoke County meeting on June 28, 2011, has taken official action to remove the proffered conditions imposed by the 1999 rezoning of the CENTER and to repeal and legally cancel the "Protective Covenants, Conditions and Restriction for the McDonald Farm" as previously recorded; and WHEREAS, the TOWN, the COUNTY and CARDINAL GLASS jointly desire to impose upon the CENTER certain development guidelines and protective covenants and restrictions in order to ensure the orderly continued development of the CENTER while protecting the environment and providing that the use of the CENTER will protect and will not adversely affect the health and safety of residents, workers and citizens in the vicinity of the CENTER, or the use or development of property within and adjacent to the CENTER; and WHEREAS, the TOWN, the COUNTY and CARDINAL GLASS jointly declare and provide that each and every parcel of real estate within the CENTER shall be conveyed subject to the following Development Guidelines and Protective 1 EXHIBIT A Covenants which shall be binding upon all purchases or leases of real estate within the CENTER , the heirs thereof, successors or assigns in order to ensure the proper use and appropriate development of each building site and the grounds thereof, to protect the environment and aesthetics of the CENTER, to prevent the erection thereof of structures built of improper or unsuitable materials; and in general to provide for a high quality of development of the CENTER so that each building site will enhance the health and safety of residents, workers and citizens and not be detrimental to the use or development of other properties in the CENTER; and WHEREAS, the TOWN, the COUNTY and CARDINAL GLASS jointly desire that a copy of theses Development Guidelines and Protective Covenants shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia and shall be binding upon and running with the land, including each and every parcel, whether sold or leases in whole or in part and by reference made a part of each and every deed, option, lease or other grant of any interest in and to any parcel thereof as a part of the terms thereof. NOW THEREFORE, the TOWN, the COUNTY and CARDINAL GLASS jointly agree and declare the following: ARTICLE I - GENERAL DECLARATIONS AND PERMITTED USES A. Purpose The purpose of these Development Guidelines and Protective Covenants are to ensure the orderly development of the Center, to protect the environment, and to provide that the use of the Center will not adversely affect the health and safety of residents and workers in the vicinity of the Center, or the use, or development of property within and adjacent to the Center. B. Definitions Business or Businesses: The owner(s), lessee(s), or occupant(s), including prospective owners, lessees or occupants of the Property. Center: Vinton Business Center located in the County of Roanoke, Virginia. Center Master Plan: The general development plan and land use plan for the Vinton Business Center, including infrastructure, road and parcel design as approved by the Roanoke County Board of Supervisors. County: County of Roanoke, Virginia. EXHIBIT A County Administrator: The Administrator of Roanoke County or his designee. Improvements: Any and all improvements made to or constructed upon the Property including, but not limited to roads, buildings, structures, tanks and storage containers, drainage and utility facilities, driveway and parking areas, grading, landscaping, fencing, screening devices, site lighting, communication devices, signs, and all similar or related structures or improvements. Localities: The Town of Vinton, Virginia, and the County of Roanoke, Virginia Property or Properties: The parcel or parcels of land, including any improvements thereon, located in the Center, as set forth in any deed, option, lease, agreement, or agreement of sale applicable to these restrictions. Restrictions: The covenants, design guidelines, conditions and restrictions contained in this document. Setback: The minimum distance by which any building or structure must be separated from a street right- of-way or lot line. Town: Town of Vinton, Virginia Town Manager: The Manager of the Town of Vinton or his designee. Transfer: Any conveyance or transfer of title or possessory rights respecting the Property, any portion thereof, or any interest therein, by contact, deed exchange, foreclosure (including a deed in lieu thereof), assignment, lease, operation of law, or other means, to another person or persons or entity or entities, whether voluntary or involuntary. In the case of a non - publicly held corporation, the assignment or other transfer of fifty percent (50 %) or more of its capital stock evidencing control of such corporation shall constitute a Transfer, unless made to the corporation's parent or subsidiary controlled (through stock ownership) by the corporation. In the case of a partnership, general or limited, a change of the general partner or the transfer or assignment of partnership interests in excess of fifty percent (50 %) of 3 EXHIBIT A the partnership interests shall constitute a Transfer. In the case of a limited liability company, the transfer of more than fifty percent (50 %) of its membership interests shall constitute a Transfer. The granting of a mortgage, deed of trust, lien or other encumbrance on or with respect to the Property shall not be deemed a Transfer, but any foreclosure there under (or deed in lieu thereof) shall constitute a Transfer. C. Applicability These Development Guidelines and Protective Covenants, including the land use regulations and building requirements, shall run with the land and shall be binding upon all parties having or acquiring any right, title, or interest in and to the real property or any portion thereof, and shall be incorporated in any Transfer of the Property as covenants running with the Property. The County Administrator shall record applicable documents and revisions associated with these Development Guidelines and Protective Covenants with the Roanoke County Clerk of the Circuit Court. Invalidation of any of the provisions of these guidelines and covenants shall in no way affect any of the other provisions, or parts thereof, which shall remain in full force and effect. D. Land Uses and Development Standards 1. Permitted Uses: Properties within the Center shall be used only for the following purposes. Land uses not listed are prohibited. (a) General manufacturing, processing or assembly operations where processes, fabrication and products are environmentally clean and efficient. (b) Commercial, office or industrial flex space (office /warehouse combination). (c) Science, research and technology businesses, services, or laboratories where processes are environmentally clean and efficient. (d) Business services incidental to any of the foregoing. (e) Accessory uses associated with a principal permitted use in accordance with any established County standards. 4 EXHIBIT A Where it is unclear whether or not a particular use of the Center is permitted, the localities shall decide whether or not such use is permitted, and its decision shall be final and binding upon all persons. 2. Development Standards The use and development of all properties in the Center shall be in accordance with the standards set forth in Article III of these Development Guidelines and Protective Covenants. ARTICLE II - ADMINISTRATION AND PROCEDURES A. Improvements, In General No construction, exterior alterations, additions, or renderings to any existing improvement may be initiated without submission of plans for said improvements to the localities. Interior alterations which do not change exterior appearances are permitted without submission of plans, provided such interior changes do not change any use of property. Review and recommendation of approval with respect to uses and improvements by the localities shall be in addition to, and not in lieu of, any permits or approvals required by any local, state or federal law or regulation. Plans will be subject to all applicable federal and state laws and County ordinances. Pertinent ordinances of the County include, but may not be limited to: Zoning, Subdivision, Storm Water Management, Erosion /Sediment Control and Steep Slope Ordinance, as amended. B. Subdivision, In General All property within the Center shall be subdivided in accordance with the Roanoke County Zoning and Subdivision Ordinances, as amended. C. Project Review Process The proposed use of a property in the Center must be reviewed and recommended for approval by the localities prior to the transfer of land, or subsequent transfer. D. Maintenance of Improvements All properties, buildings, structures and improvements shall be maintained in a neat, clean and attractive condition at all times. The premises shall be kept free of debris and trash of any sort, and lawns and landscaping shall be kept in a state of good repair. Maintenance of landscaping and lawns shall include all necessary planting, cutting, watering, fertilizing, aerating, seeding, spraying, pruning, and 5 EXHIBIT A weeding. Property owners shall promptly replace any dead or damaged landscaping approved as part of the site plan for the property. Painted and exposed metal surfaces shall be maintained and kept free from peeling or rust. Parking areas and drives shall be paved and damaged pavement or hard surfaces repaired. E. Enforcement Enforcement of these Development Guidelines and Protective Covenants shall be undertaken by the localities. In the event of a violation, the Circuit Court of the County of Roanoke, Virginia, shall have the ultimate jurisdiction to enforce or interpret any of the restrictions, conditions, covenants, and liens now or hereafter imposed by these Development Guidelines and Protective Covenants. Failure to enforce any provision contained in these Development Guidelines and Protective Covenants shall in no event be deemed a waiver of the provisions, whether the violation is singular or repetitive. ARTICLE III: DEVELOPMENT AND DESIGN STANDARDS The Roanoke County Zoning Ordinance, as amended and other applicable regulations shall be met for any development or improvement in the Center. In addition, the following development and design standards shall apply. A. Site Development 1. Green Development Encouraged: Site development and new buildings shall consider and incorporate green development options and sustainable development where possible. Development is encouraged that is consistent with the U. S. Green Building Council's LEED (Leadership in Energy and Environmental Design) standards. 2. Access Points: Site access points shall be kept to a minimum and consolidated. New driveway entrances shall be coordinated with existing entrances and adjacent uses for safe traffic circulation. 3. Streets: All streets and roadways constructed within the Center are dedicated to public use, and shall not be private streets, and as such, are dedicated to all owners and lessees of lots in the Center for the reasonable use and enjoyment of their properties, including the free use thereof for the installation, maintenance, and operation of public utilities. Owners of tracts may construct interior private roadways that connect to public streets upon approval of a site plan by Roanoke County. C:1 EXHIBIT A B. Building 1. Siting and Location: Buildings shall be located on the site such that the development establishes an attractive and functional arrangement of buildings and parking and enhances the natural and man -made features of the Center. Buildings shall be sited on the property to relate to primary street(s) in the Center. Building setbacks shall be consistent with established zoning regulations and shall consider relationships to buildings on adjacent properties, particularly as it may affect views and street appearances. 2. Hei Building height shall be as set forth by the Roanoke County Zoning Ordinance, as amended. Proposed building heights shall consider relationships to adjacent building heights, natural features and scenic vistas. Variable building heights are encouraged. 3. Design: All development shall meet the following design standards for exterior facades, materials, appurtenances and equipment. (a) General Building Design: The architectural composition, scale, elements, and details of a building shall relate to the site's natural features and character of the surrounding area and development. Landscaping shall be an integral component of the exterior design of any building. All buildings shall minimize potential impacts from noise, light, and traffic. (b) Building Facades and Materials: Buildings shall employ various architectural forms to create visual character and interest. Buildings shall be segmented with distinct masses of vertical and horizontal elements to minimize bulkiness. Front building facades and those facing public streets shall be designed to exhibit attractive architectural features, materials, dimensions and symmetry. Brick, stone, architectural masonry and glass are the preferred exterior materials. Two or more colors are encouraged to highlight architectural details and materials. Building walls are encouraged to be variable and not consist of expansive surfaces without a physical and visual break. 7 EXHIBIT A Building entries shall be clearly visible and articulated using architectural features, elements and materials. Windows shall be visible on all publicly- oriented building facades. The size and location of windows shall relate to the scale and proportions of the building elevation on which they are located. Roofs shall be designed to be an integral component of the architecture of the building. Roof materials shall be non - reflective. Multiple roof lines and offsets are encouraged. Also, roof designs are encouraged to incorporated "green" technologies, as recommended by LEED standards. Planned expansion or renovation for all buildings or structures must meet or exceed the quality of the initial structure. (c) Building Appurtenances and Equipment: Where required, roof mounted equipment and vents shall be located in an inconspicuous location and shall be reasonably screened from public street views by painted panels, opaque screens, or other effective methods. All exterior equipment shall be designed to minimize noise and shall include appropriate insulation materials or technologies to control outside noise. Exposed features such as gutters, downspouts, vents, towers, etc. shall be designed to match the color of surfaces to which they are attached. (d) Damaged or Destroyed Buildings: If any building or other improvement in the Center is damaged or destroyed by fire, storm, explosives, or otherwise, then all debris resulting from the damage or destruction shall be cleaned and removed within thirty (30) days of the damage or destruction. If any building or other improvement is to be reconstructed, such construction shall begin within six (6) months of the date of the damage or destruction, or the land shall be graded and restored to substantially the condition, which existed prior to initial construction. C. Parkin Loadin Areas and Docks E:11 EXHIBIT A Parking for employees shall be located in areas that are removed from the primary public street entrance. Parking for visitors shall be located in close proximity to the main building entrance and shall be setback from the public street so as to not interfere with or detract from the primary street views of the building. All parking areas shall be landscaped both internally and externally to enhance the architecture of the building, the site, and the Center. Loading areas and docks shall be located in areas not visible from public streets and shall be appropriately screened and landscaped. D. Utilities All utilities shall be located underground, unless the type of service necessary for normal activities of the industry or business shall prohibit underground installation. All development shall be served by public water and public sewer systems. Low - impact design (L.I.D) methods of managing storm water shall be considered in designing the development. All storm water management areas shall be landscaped appropriately and maintained. Management areas and drainage channels shall blend with the landscaping of the site and incorporate natural materials and vegetation. E. Wastes No external waste treatment or storage facilities are permitted. Bulk containers for trash are permitted, provided they are constructed in accordance with the standards for accessory structures. F. Ling All lighting in the Center shall be in accordance with lighting standards established in the Roanoke County Zoning Ordinance, as amended. All lighting in the Center shall be directed inward toward the building /site, and shall be shielded and directed downward to control extraneous light or glare. All light shall be contained within property boundaries. Where development is located adjacent to buffers and residential properties, dark /night sky friendly lighting using full cutoff lighting fixtures is encouraged so that there is no direct light upward and no glare. Lighting of parking lots, loading /unloading areas and access ways shall be no greater than 25 feet in height, and kept to the minimum necessary for direction and safety during operating hours. Walkways and building entries are encouraged to have ground level lighting or pedestrian scale lights not exceeding 15 feet in height. G. Accessory Structures X, EXHIBIT A 1. Walls and Fences: Walls and fences shall complement the architecture of the building and shall be of materials that architecturally enhance the building and the Center. Where fencing is needed, decorative metal fencing is preferred; chain -link fencing may be allowed if approved by the localities. Where retaining walls are required in the front yard or where they are visible from public areas, wall materials shall be stone or finished masonry. Retaining walls higher than 8 feet are discouraged. Long expanses of wall surfaces shall be offset and be appropriately landscaped. As an alternative to traditional retaining walls, "green walls" consisting of architectural concrete block, covered with a rapidly - growing groundcover, may be permitted in less visible areas. Terraced wall systems are encouraged supplemented with plantings on the flat terraces. 2. Outbuilding All accessory buildings shall be consistent with the architecture of the primary building. Accessory buildings shall be located behind the primary building or shall not be visible from public streets unless approved by the localities. 3. Trash Enclosures: Areas for trash collection shall be accessible for service. All trash areas shall be fully enclosed and screened from view by opaque fencing and supplemental landscaping. Enclosures must be architecturally consistent and compatible with the design of the primary building. H. Outside Storm No materials, supplies or equipment shall be stored on property except inside a building or behind a visual barrier which screens the stored matter from view from streets and adjoining sites. I. Landscaping Property and building designs shall include appropriate trees, shrubs, open grass areas, and flowers to enhance development and the Center. Properties shall be developed in accordance with the screening and landscaping provisions of the Roanoke County Zoning Ordinance, as amended. Trees are encouraged along street frontages, in parking areas and adjacent to buildings to complement the building scale. Landscaping shall be used to define entrances to buildings and parking areas, as well as screen accessory structures, loading areas and outdoor equipment areas. Planting islands should exhibit a well- maintained, finished appearance. J. Swrns 10 EXHIBIT A No more than two primary signs per business may be erected on a property. One sign may be attached to the face of the primary building and one may be erected as a ground monument sign. The sign shall be designed to be integrated and coordinated with the building to complement the building design in scale, color and materials. The building sign shall not exceed 150 square feet in size or ten percent of the front facade, whichever is less. The ground monument sign shall not exceed 60 square feet in size and shall not exceed ten (10) feet in height. Ground monument signs may have two faces. Ground monument signs shall be setback a minimum of 25 feet from the front property line. Signs shall not include any motion devices or changing text. Roof signs and portable signs are not permitted. Directional signs shall be located as necessary to direct visitors, customers and employees to designated parking or loading areas. Directional signs shall be 3 square feet or less in size. Temporary signs for the purposes of construction activity or the sale of real estate shall be as permitted by the Roanoke County Zoning Ordinance, as amended. No other temporary signs are permitted. K. Temporary Construction Structures and Utilities: Construction activities shall be in accordance with all applicable federal, state and local land disturbing regulations. Site access shall be restricted to one location on the public street. Temporary construction structures, portable offices and other related facilities shall be maintained in good condition and arranged in a compact and organized manner on the site. Facilities shall be situated so that they are unobtrusive and attractive when seen from the road or adjacent properties. All temporary structures and portable facilities shall be removed upon the completion of construction activity and before permanent occupancy of the building. All temporary construction utilities shall be in a single, unobtrusive alignment. Distribution to the various areas of construction shall be from an approved, on -site location. Areas for the storage of construction equipment and materials shall be coordinated and be visually unobtrusive from the public road and adjacent properties. Mobile equipment shall be aligned in an orderly manner at the end of each work day. Construction debris shall not be allowed to accumulate during construction. It shall be removed daily or located in a visually screened place if debris is to be removed less frequently. Open burning of debris is not permitted. After construction is complete, any temporary barriers, surplus materials, and all trash and debris shall be removed from the site. All backfill materials shall be cleared of any building materials, stone, or debris. 11 EXHIBIT A WITNESS THE FOLLOWING SIGNATURES: TOWN OF VINTON: Title COUNTY OF ROANOKE: Title CARDINAL GLASS CORPORATION Title STATE OF VIRGINIA COUNTY OF ROANOKE: The foregoing Development Guidelines and Protective Covenants were acknowledged before me this day of 2011, by of the Town of Vinton on behalf of the Vinton Town Council. (Notary Signature) (Notary Printed Name) My Commission expires: , Registration # 12 EXHIBIT A STATE OF VIRGINIA COUNTY OF ROANOKE: The foregoing Development Guidelines and Protective Covenants were acknowledged before me this day of 2011, by of the County of Roanoke on behalf of the Board of Supervisors of Roanoke County, Virginia. (Notary Signature) (Notary Printed Name) My Commission expires: , Registration # STATE OF VIRGINIA COUNTY OF ROANOKE: The foregoing acknowledged Development Guidelines and Protective Covenants before me this day of 2011 of Cardinal Glass Corporation. (Notary Signature) were by (Notary Printed Name) My Commission expires: , Registration # 13 _■ 1� r I'll . \' /J�A f'�f' _ _ _ —_ � _ . —_ . "�17. __ _ _ L. tl 1 IL J Ir L Z — _ __ N 11 r I ' 1 # fi y AP ,. i � rM1• 'f � t _ � � ' — '� },', I i° i4 1 �, — I — ' =L I I I I �~ =�+ +` �iN �F. � 'y+ 4 _ 4 �• M171 1 f � ` •! { T C �f ' I * _ 'l II�I�_•' 5' 1— ' • r ' I— � ''i7 ' r 5 � r •� ' �Y �ti I � 4 I � I � 'I � i ti } 4 L 1 fr •ti 1 � � y I I I • 4 M1 . ; r x = r ' ,"ALL i ' • l' �' • ' i sL � � I I I I � rl ' + , r 'I 1 + • T� '� I�� OL '� ' � t " _ r � � - � L I . • I � 7 i '� };' � I s 'sue Wq�' z IF ex V I ' � 'Y i � �5. _ — _ _ �— . k 3o--t � 1 5 l c � t � ''� r , i I�r s rF — x x .� If r• i4 1 { - RV l ip ; ,'' ; J i��"� � = c �• • r I �'�••� .�� r� r ' L I�}� I L I fi _ —h tr �cc "c " � _ ,' �c ; — - L � . • IJ� FNY +Y M1 I • 5' I 44 { L M- 1 i ' , n i � I� I 1� I I I ' I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 12 2011 RESOLUTION 071211 -5.g EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO SHELIA ROSE DOOLEY, PERMIT TECHNICIAN I, UPON HER RETIREMENT AFTER MORE THAN TWENTY -EIGHT YEARS OF SERVICE WHEREAS, Shelia Rose Dooley was hired on July 13, 1983, in the Community Development Department and held positions as Clerk Typist I, Clerk Typist II, Permits Clerk, Customer Service Representative II and was promoted to Permit Technician I in April 2011; and WHEREAS, Ms. Dooley retired on July 1, 2011, as Permit Technician I in the Community Development Department after twenty -eight years and three months of devoted, faithful and expert service with the County; and WHEREAS, during her time serving Roanoke County's Community Development Department, Ms. Dooley was known as Ms. Permission to build in Roanoke County. She was well known among all home builders, developers and contractors within the valley. Shelia received many certificates of recognitions and awards for her outstanding service to Community Development customers. She is also the recipient of the Above and Beyond the Call of Duties (ABCD) award. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to SHELIA ROSE DOOLEY for more than twenty -eight years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, church NAYS: None A PY TESTE: Deborah C. Jack&/ Clerk to the Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, .JULY 1 2, 201 1 RESOLUTION 071211-6 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE of VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member'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 pi ,,iblic business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None A PY TESTE: Deborah C. Jacks Clerk to the Board of Supervisors