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HomeMy WebLinkAbout7/24/2012 - RegularRoanoke County Board of Supervisors Agenda July 24, 2012 Good afternoon and welcome to our meeting for July 24, 2012. 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. Board of Supervisors meetings can also be viewed online through Roanoke County's website at www.RoanokeCountyVA.gov. Our meetings are 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: Pastor Greg Irby Temple Baptist Church 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. Recognition of thirty -five (35) years of dedicated service by Carlton Wright on the Roanoke County Board of Zoning Appeals (John Murphy, Zoning Administrator) 2. Recognition to the Fire and Rescue Department for receiving two (2) Regional Emergency Medical Services (EMS) Awards (Richard E. Burch, Jr. Chief of Fire and Rescue) Page 1 of 6 D. BRIEFINGS 1. Briefing on the June 29 -30, 2012, Storm Emergency (Richard E. Burch, Jr., Chief of Fire and Rescue) E. NEW BUSINESS 1. Resolutions granting waivers to Brandon LaCroix, Tournament Chairman for the JJ Redick Celebrity Golf Tournament 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, Vinton Magisterial District; Windsor Hills Magisterial District (Paul M. Mahoney, County Attorney) (a) Resolution granting a waiver to Brandon LaCroix, Tournament Chairman for the JJ Redick Celebrity Golf Tournament to be held at the home of David and Kimberly Snyder, 8380 Poplar Spring Lane, Roanoke, VA 24018 -5912 on Friday — August 17, 2012, 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 (b) Resolution granting a waiver to Brandon LaCroix, Tournament Chairman for the JJ Redick Celebrity Golf Tournament to be held at Ballyhack Golf Club on Saturday — August 18, 2012, 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 2. Resolution requesting the Transportation Commissioner of the Virginia Department of Transportation (VDOT) install and maintain "Watch for Children" signs pursuant to Section 33.1 -210.2 of the Code of Virginia, Catawba Magisterial District (Arnold Covey, Director of Community Development) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCE - CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission 1. The petition of A. B. Hammond to rezone approximately 47.7 acres from EP, Explore Park, District to AG -3, Agricultural /Rural Preserve, District, located off Hammond Drive, Vinton Magisterial District Page 2 of 6 2. The petition of Christ the King Presbyterian Church to amend the proffered conditions on approximately 4.70 acres zoned C -1C, Commercial, District with conditions, and to obtain a special use permit for religious assembly, located in the 2400 block of Electric Road (Route 419) and near the intersection of Stoneybrook Drive and Bridle Lane, Windsor Hills Magisterial District G. FIRST READING OF ORDINANCES 1. Ordinance approving a lease with Oakland Properties for a parking lot at Thompson Memorial Drive and East Main Street in Salem, Virginia (Due to time constraints, it is requested that, upon a four - fifths vote of the Board, the second reading be waived and the ordinance adopted as an emergency measure.) (Anne Marie Green, Director of General Services) 2. Ordinance authorizing the relocation of the following polling places pursuant to Section 24.2 -306, 24.2 -307, and 24.2 -310 of the 1950 Code of Virginia, as amended: (1) Bennett Springs polling place (107) to be relocated from the Masons Cove Fire Station to Mountain Pass Baptist Church, 2975 Catawba Valley Drive, Salem 24153; (2) Garst Mill polling place (306) to be relocated from the Library Headquarters to Cave Spring Rescue Station, 3206 Valley Forge Avenue, Roanoke 24018; and (3) Hunting Hills polling place (507) to be relocated from the Celebration Church of God to South County Library, 6303 Merriman Road, Roanoke 24018 (Judith Stokes, Registrar) H. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance amending Chapter 20. "Solid Waste" of the Roanoke County Code (Anne Marie Green, Director of General Services) I. APPOINTMENTS 1. Board of Zoning Appeals (appointed by District) 2. Capital Improvement Program (CIP) Review Committee (appointed by District) 3. Parks, Recreation and Tourism Advisory Commission (appointed by District) 4. Social Services Advisory Board (appointed by District) 5. Total Action Against Poverty Board of Directors (Designee of Richard C. Flora) Page 3of6 J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of Minutes — June 12, 2012; June 26, 2012 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Pamela G. Martin, Police Records Supervisor, upon her retirement after more than twelve (12) years of service 3. Confirmation of appointment to the Board of Zoning Appeals (appointed by District); Western Virginia Regional Jail Authority 4. Resolution amending Resolution 102610 -5 appointing the Authority Board Members for the South Peak Development Authority 5. Request to accept and appropriate funds in the amount of $5,000 to the Roanoke County Public Schools for the Roanoke County Governor's Science, Technology, Engineering and Math (STEM) Academy 6. Request to accept and appropriate Virginia Office of Emergency Medical Services fifty percent (50 %) matching grant (WV- C07/06 -12) in the amount of $14,827 for the purchase of a Mechanical CPR Device for use on cardiac arrest patients K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of June 30, 2012 Page 4 of 6 5. Accounts Paid —June 31, 2012 O. WORK SESSIONS 1. Work session to review the Fire and Rescue Department Volunteer Incentive Program (VIP) proposed change (Woody Henderson, Volunteer Chief) 2. Work session on the Transient Occupancy Tax and the Roanoke Valley Convention and Visitors Bureau (CVB) (B. Clayton Goodman III, County Administrator) P. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2- 3711.A.5. Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the County 2. Section 2.2- 3711.A.7. Consultation with legal counsel and briefings by staff members pertaining to probable litigation, namely, sectarian prayers and the Freedom From Religion Foundation correspondence 3. Section 2.2- 3711.A.29. Discussion of the award of a public contract involving the expenditure of public funds and discussion of the terms or scope of such contract, namely, a proposal for a project under the Public- Private Educational Facilities and Infrastructure Act of 2002 for a criminal justice training facility, where discussion in open session would adversely affect the bargaining position or negotiating strategy of the County EVENING SESSION Q. CERTIFICATION RESOLUTION R. BRIEFINGS 1. Briefing on the Commonwealth of Virginia, Department of Taxation, Review of Sales Price Data and Assessment Quality Report for Roanoke County (B. Clayton Goodman III, County Administrator) S. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of South Peak Residences LLC, et al to rezone 11.411 acres from R -3, Medium Density Multi - Family Residential District, and C -2C, General Commercial District, with conditions, to R -4C, High Density Multi - Family Residential District, with conditions, identified as Area "A" on the Concept Development Plan for 176 multi - family residential units; and to rezone 11.940 acres from R -3, Medium Density Multi - Family Residential Page 5 of 6 District, to R -3C, Medium Density Multi - Family Residential District, with conditions, identified as Area "B" on the Concept Development Plan with a proffered density limit of 23 single family residential units, involving several properties (077.20 -01- 48.01 -0000 and 077.20 -01- 50.00 -0000; and portions of 077.20 -01- 52.00 -0000 and 087.08 -03- 11.00 -0000) located at 4240 Elm View Road, 4252 Elm View Road, and 4486 Summit Street, Cave Spring Magisterial District (Philip Thompson, Deputy Director of Planning) T. CITIZEN COMMENTS AND COMMUNICATIONS U. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Michael W. Altizer 2. Joseph B. "Butch" Church 3. Eddie "Ed" Elswick 4. Charlotte A. Moore 5. Richard C. Flora V. ADJOURNMENT Page 6of6 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 MEE'rING DATE: AGENDA ITEM SUBMITTED BY: APPROVED BY July 24, 2012 Recognition of thirty -five Carlton Wright on the Appeals (35) years of dedicated service by Roanoke County Board of Zoning John Murphy Zoning Administrator B. Clayton Goodman III County Administrator PCZ- COUNTY ADMINISTRATOR'S COMMENTS SUMMARY OF INFORMATION: On July 13, 1977, Mr. Carlton Wright was originally appointed to the Roanoke County Board of Zoning Appeals. Since that time Mr. Wright has continuously and loyally served the residents and businesses of Roanoke County for thirty -five (35) years. On the Board of Zoning Appeals, Mr. Wright has served as the representative for the Hollins Magisterial District, Vice - Chairman and served multiple terms as Chairman and serving in that role at the time of his retirement on June 30, 2012. Mr. Wright has worked with members of the Roanoke county community and Community Development staff hearing requests for variances and administrative appeals. Page 1 of 1 � 4 (;lr 0� vw 0* ;ell, 1*0 �'gq Z Cie :s: C7 Y Q9 O Z O I M 40 Z V W I z H X-j 1 16 'J� V W V) W V O W 0 DC 1 W W W � • VIA, Clow 09 Li w o o M 4 1 0 a C) a 0 0 cc e a E ftm V . =�91►i�Rol ITEM NO. C -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 24, 2012 AGENDA ITEM: Recognition to the Fire and Rescue Department for receiving two (2) Regional Emergency Medical Services (EMS) Awards SUBMITTED BY: Richard E. Burch Jr. Chief of Fire and Recue APPROVED BY: B. Clayton Goodman III County Administrator �-- COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Fire and Rescue Department has received two (2) 2012 Regional Awards for Outstanding Contributions to EMS. The annual Western Virginia EMS Council Awards were presented at the awards banquet at the Vinton War Memorial on June 21, 2012. The Western Virginia EMS Council Awards were established in 2004 as a formal recognition of outstanding contributions to EMS in the Western Region of Virginia. The awards are presented annually to recipients in ten (10) categories. The winners in the ten (10) categories from the eleven (11) EMS regions of - the Commonwealth will move on to be considered for the 2012 Governor's Awards for Outstanding Contribution to EMS in Virginia. Roanoke County Fire and Rescue received the following Regional Awards this year: Regional Award for Outstanding Pre - Hospital Educator: James Doran was selected for the Regional Award for outstanding Pre - Hospital Educator because of his devotion for EMS by leading as a dedicated instructor. His enthusiasm for providing the very best education in a number of course subject matters is apparent to everyone who knows him. When looking over James Doran's career in EMS, which began in 1983, you can see a Page 1 of 2 propensity developing towards leading as an educator. First he became an instructor of numerous ALS courses, then a field training officer and currently he serves as the program director for the Roanoke Valley Regional Fire and EMS Training Center's EMT -I Accredited site. Listed below are some highlights of Doran's teaching career thus far. • From 1994 -1999, Doran served as a certification examiner for the Virginia office of EMS for the Western Virginia Region as well as assisting in other regions. • Since 1994, has served as an adjunct instructor at Virginia Western Community College teaching the EMT /B course each school year. • Since 2005, Doran has served as the Program course Coordinator and then promoted to Program Director for the Roanoke Valley Regional Fire and EMS Training Center's EMT -I Accredited site. • James Doran currently serves as the Department's CPR -AED Coordinator, where he is responsible for organizing and teaching all CPR -AED training for Roanoke County Schools, Departments, and public building where AEDs are located such as Tanglewood Mall. • Doran currently serves as an adjunct instructor for VDFP teaching EVOC courses to career and volunteer personnel around the region. Regional Award outstanding Contribution to EMS for Children: Roanoke County Fire and Rescue's Public Education Specialist, Brian Clingenpeel received this award because he has been instrumental in his work to establish a safe community for children in Roanoke County by dedicating much of his time to educating our young people about fire and life safety through a number of educational and instructional programs. It is Brian's tremendous efforts to reach our young children as well as to identify at risk children that made him worthy of receiving the award. Brian Clingenpeel has gone above and beyond service standards to provide life safety education and injury prevention for children throughout the Roanoke Valley and beyond. As with all prevention programs, it is difficult to quantify the results, but it is felt that these ongoing programs do benefit our children of today and stay with them as they grow older. Many of Clingenpeel's programs have been used as models in other areas of the Commonwealth. Below is a list of programs that Clingenpeel has either implemented or continued since being hired on part-time as the Public Education Specialist in 2007 • Character Academy for Kids • Fire, Life and Severe Weather Safety Trailer programs • Patches and Pumper • Juvenile Fire - Setter Program • National Risk Watch curriculum • Play safe! Be safe! • Summer Safety Campaign • Pre - School and school Programs • other Fire and Life Safety Education Programs Page 2 of 2 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 DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: COUNTY ADMINIS' July 24, 2012 Briefing on the June 29 -30, 2012 storm emergency Richard Burch, Jr. Chief of Fire and Rescue B. Clayton Goodman III County Administrator TRATOR'S COMMENTS: SUMMARY of INFORMATION: This time has been set aside for Chief Burch to provide a briefing on the June 29 -30, 2012, storm emergency. Page 1 of 1 ACTION NO. ITEM NO. E- 1(a)(b) 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: July 24, 2012 Resolutions granting waivers to Brandon LaCroix, Tournament Chairman for the JJ Redick Celebrity Golf Tournament 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, Vinton Magisterial District; Windsor Hills Magisterial District Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Brandon LaCroix, Tournament Chairman for the JJ Redick Celebrity Golf Tournament has requested two waivers from the County's noise ordinance under Section 13 -23 of the Roanoke County Code. Funds raised will benefit CHIP of Roanoke Valley and Children's Miracle Network Hospitals. They are planning to play music outdoors on Friday, August 17, 2012, from 6:30 p.m. until 10:00 p.m. at the home of David and Kimberly Snyder, 8330 Poplar Springs Lane, SW Roanoke, Virginia 24018 -5912. Additionally, as part of the JJ Reddick Celebrity Golf Tournament, music will be played outdoors on Saturday, August 18, 2012, from 6:00 p.m. until 11:30 p.m. at Ballyhack Golf Club located at 360 -9 Pitzer Road, Roanoke, Virginia The County noise ordinance was amended on May 25, 2010. Previously it defined a "noise disturbance" from musical devices as a violation if it occurred between the hours of 10:00 p.m. and 7:00 a.m. The amended ordinance now prohibits such sound as follows: Sec. 13 -21 (5) Operating or permitting the use or operation of any instrument, machine or any other device for the production of sound, at a volume sufficient to be plainly audible through partitions common to two (2) residences within a building or plainly audible at fifty (50) feet or more from such device or its source. The attached resolutions grant these waivers of the noise ordinance and authorizes the outdoor concerts to continue until 10:00 p.m. and 11:30 p.m., respectively. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends that the Board consider the adoption of the attached resolutions. Page 2 of 2 n June 25, 2012 Board of Supervisors Count of Roanoke P 0 Box 29800 Roanoke, VA 24018-0798 Attn.- Deborah C. Jacks, Clerk. to the Board of Supervisors Dear Ms.. Jacks, On behalf of Brandon LaCroix T Tournament Chairman for the JJ Redick Celebrit Golf Tournament, I would like to re noise ordinance waivers for two events. Funds raised from the events bein conducted b the JJ Redick Foundation will benefit CHIP of Roanoke Valle and Children's Miracle Network Hospitals. As part of the JJ Redick Celebrit Golf Tournament, music will be pla outdoors on Frida Au 17, 2LO1 2, from 6:30pm until 1 0:00prn,pit the home of David and Kimberl Sn 8380 Poplar Sprin Lane, SW, Roanoke, VA 24018-5912. Also as part of the JJ Redick Celebrit Golf Tournament, music will be pla outdoors on Saturda Au 18, 2012, from 6-.00pm until 11. 3-0pm, at Ball Golf 'Club located at 3609 Pit Road, Roanoke, VA. We appreciate y our consideration of both re Please contact me at 540-224-4747 should y ou have q uestions or need additional information. C�'� I�� dren ade N,etwor* 7 Abarte Avenue.,SW Tel 54R224,4747 ,R o a n o k e, V r m i a 2401 Fax .540.342.8190 Hospitals www. CarillonClinic.org/CMN (a) AT A REGULAR MEETING FOTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 24 RESOLUTION GRANTING A WAIVER TO BRANDON LACROIX, TOURNAMENT CHAIRMAN FOR THE JJ REDICK CELEBRITY GOLF TOURNAMENT TO BE HELD AT THE HOME OF DAVID AND KIMBERLY SNYDER, 8380 POPLAR SPRING LANE, ROANOKE, VA 24018 -5912 ON FRIDAY — AUGUST 17, 2012, 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, will be playing music outdoors on Friday, August 17, 2012, from 6:30 p.m. until 10:00 p.m. at the home of David and Kimberly Snyder, 8380 Poplar Springs Lane, SW, Roanoke, VA 24018 -5912; 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 from 6:30 p.m. until 10:00 p.m., on Friday, August 17, 2012; 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: Page 1 of 2 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 6:30 p.m. until 10:00 p.m. on Friday, August 17, 2012. 2. That this waiver is granted specifically to Brandon LaCroix, Tournament Chairman for the JJ Redick Celebrity Golf Tournament, for the event scheduled at the home of David and Kimberly Snyder, 8380 Poplar Springs Lane, SW, Roanoke, VA 24018-5912. Page of (b) AT A REGULAR MEETING FOTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 24 RESOLUTION GRANTING A WAIVER TO BRANDON LACROIX, TOURNAMENT CHAIRMAN FOR THE JJ REDICK CELEBRITY GOLF TOURNAMENT TO BE HELD AT BALLYHACK GOLF CLUB ON SATURDAY — AUGUST 18, 2012, 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, will be playing music outdoors on Saturday, August 18, 2012, from 6:00 p.m. until 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 from 6:00 p.m. until 11:30 P.M., on Saturday August 18, 2012; 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: Page 1 of 2 (b) 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, August 18, 2012. 2. That this waiver is granted specifically to Brandon LaCroix, Tournament Chairman for the JJ Redick Celebrity Golf Tournament for the event scheduled at the Ballyhack Golf Club on Saturday, August 18, 2012. Page of ACTION NO. ITEM NO. E -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: July 24, 2012 Resolution requesting the Transportation Commissioner of the Virginia Department of Transportation (VDOT) install and maintain "Watch for Children" signs pursuant to Section 33.1- 21 0.2 of the Code of Virginia in the Catawba Magisterial District. Arnold Covey Director of Community Development B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Residents along West River Road, specifically the section between Dry Hollow Road and Bohan Hollow Road, have submitted a petition to the County requesting that a "Watch for Children" sign be installed at two (2) locations (see attached map). This section of West River. Road meets the criteria set forth in the County's "Watch for Children" sign policy, such as: the road is classified as a Urban Collector, the road has sufficient length at 1.6- miles and the traffic count is over two hundred (200) vehicles per day; all qualifying facts. The petition includes a total of twenty -three (23) signatures. There are ten (10) homes along this section of West River Road that is within a 1,000 feet of the applicant's residence and under the County's policy, the submitted petition must include seventy -five percent (75 %) of the property owners along said street. The residents submitted eight (8) signatures, or eighty percent (80 %) of the property owners. To this date, the main point of contact, Mr. Johnny Harrah, has not received any notification of opposition or disapproval of the sign installation. The submitted petition does include the signatures of those property owners adjacent to the proposed sign locations. Upon receipt of the resolution from the County, VDOT's resident engineer, shall review the Page 1 of 2 request and conduct a field review to ensure the proposed signs will be effectively located and will not be in conflict with any other traffic control device. FISCAL IMPACT: There is no fiscal impact to the County. The residents have agreed to pay one hundred percent (100 %) of the cost, which includes the purchase of two (2) signs and installation. AUERNATIVES: 1. Approve the attached resolution to the Virginia Department of Transportation to install and maintain the aforementioned street locations for "Watch for Children" signs and accept donation of funds from the citizens and appropriate said donated funds for the purchase and installation of these signs. 2. Take no action at this time. STAFF RECOMMENDATION: Staff recommends Alternative 1. 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I o I / / f I \ • 1111 / + 'I 1 I lii1 II AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, JULY 24 RESOLUTION REQUESTING THE TRANSPORTATION COMMISSIONER OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) INSTALL AND MAINTAIN "WATCH FOR CHILDREN" SIGNS PURSUANT TO SECTION 33.1 -210.2 OF THE CODE OF VIRGINIA IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, the General Assembly enacted an amendment to the Code of Virginia, adding Section 33.1 -210.2 regarding the installation and maintenance of signs alerting motorists that children may be at play nearby; and WHEREAS, the Board of Supervisors along with the Virginia Department of Transportation staff have instituted a local policy; and WHEREAS, a petition has been received that meets both Roanoke County and the Virginia Department of Transportation guidelines; and WHEREAS, the property owners along West River Road (between Dry Hollow Road and Bohon Hollow Road) have agreed to fund the costs of installation of the signs; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the following street locations to be reviewed for the installation and maintenance of two "Watch for Children" signs, pursuant to Section 33.1- 210.2, Code of Virginia: Sign locations: 500' East and 500' West of 5441 West River Road. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Page 1of1 ACTION NO. ITEM NO. F.1 -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE July 24, 2012 AGENDA ITEM: Requests for public hearing and first reading for rezoning ordinances; consent agenda SUBMITTED BY : Philip Thompson Deputy Director of Planning APPROVED BY : B. Clayton Goodman, III County Administrator 19� COUNTY ADMINISTRATOR'S COMMENTS BACKGROUND The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the county charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for Au ust 28 2012. The titles of these ordinances are as follows: 1. The petition of A. B. Hammond to rezone approximately 47.7 acres from EP, Explore Park, District to AG -3, Agricultural /Rural Preserve, District, located off Hammond Drive, Vinton Magisterial District. 2. The petition of Christ the King Presbyterian Church to amend the proffered conditions on approximately 4.70 acres zoned C -1 C, Commercial, District with conditions, and to obtain a special use permit for religious assembly, located in the 2400 block of Electric Road (Route 419) and near the intersection of Stoneybrook Drive and Bridle Lane, Windsor Hills Magisterial District. Page 1 of 2 Maps are attached. More detailed information is available in the Clerk's office. STAFF RECOMMENDATION Staff recommends as follows: 1. That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for August 28, 2012 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) -2 , and 'that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Page 2 of 2 F-1 Coun of Roanoke Communit Development Plannin & Zonin 5204 Beniard Drive P 0 Box 29800 Roanoke. VA 24018-0798 ( 540 ) 772-A2068 FAX ( 540 ) 776-7155) ALL APPLICANTS For Staff lfiqp. 0-niv Date rep elved- Received b Application fee- I'C/BZA dale — 1 A Placards issued- - 130S date: Case Number Check type of application fifed (clieck all that appl ) O C Rezonin g 0 Special Use 13 Variance 0 Waiver 11 Administrative Appeal 0 Comp Plan (15.2-2232 Rev'few Applicants name,"address wl'ZI A.B. Hammond P,O, Box 12188 Owner's namei . address w/zip A.B. Hammond P.O. Box 1 21 88 Propert Locafion Located off Hammond Drive Vinton, Va, 24179 T-LtxMapNo.: 077.00-01-03-00-0000A 071-nn-ni-ni nn-nnnn Size of parcel Acres: -47,7 Phone: Work: Cell 4: Fax No.: Phone 4: Work: 1 ax No Ma District: 5 89 0- 21 17 &T-1 C A n Q Q n ') 1 1 7 I.. VIA I'm 0.1110 "1 1 Vinton Communit Plannin area: Vinton Plannincf Are Existin Zonin EP Existin ],and Use: RE ZOAIING, SPECIAL US p RAIJT IyAl I ER A ND COMP PL A N 0 5. 2-223 2) R E HE W r I PPL I CA 11; S (R /.S / VV/ C P Proposed Zotilli": t5 AG- 3 Proposed Land Use: Agricultural Does the parcel Meet the minimum lot area, width, and fronta re of the re district? Yes X No - IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the mininium criteria for the re Use Tvpe? Yes -X No IF NO, A VARIANCE IS REQUIRED FIRST If rezonin re are conditions being pro eyed Nvith this re Yes I No X VARIANCE, WAIVER AND AD.411jV1,-S7RA TIVE APPEAL APPLICANTS (VITEMA Variance/Waiver of Section of the Roanoke Count Zonin Ordinance in order to: Appeal of Zonin Administrator's decision to Appeal of Interpretation of Section of the Roanoke Count Zonin Ordinance ance Appeal of Interpretation of Zonin Map to,.__.._ -f Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCT IF -AAN TH R TENTS ARE JNIIISSING OR INCOMPLETE R/Sf%N"/(-'P VAAA R/SAVr/CP V/AA R/SA%I/CP V/.4 Consultation of AIN 1 2012 8 1/2 x I I" concept plan fica I C I Application Metes and bounds description e rs, i OF iustif ication . Water and sewer application r � �tn��'`��rs 1 lac lix, certiN fliai I any either the owner of the propert or the of 7 er's a or contrac urcliaser and ani a itio with the UO'Wled and consent ofthe owner. 0% re 0) F -1 . . ... . .... ...... ................. ........ CONC EPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2 -2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the - following are considered minimum: ALL APPLICANTS a. Applicant name and name of development A . B . Hammond Hammond Farm b. Date, scale and north arrow S c a l e 1" X 400 May 2 8, 2012 Map Date Aug. 1 7, 1 9 7 8 c. Lot size in acres ors square feet and dimensions q 47.7 acre d. Location names of owners and Roanoke ' o e County tax map numbers of adjoining properties See Attache e. Physical features such as round cover, natural watercourses floo lain y g dp , etc. 10 Acres crop land balance f. The zoning and land use of all adjacent properties All a d ' o f n i n g land AG — 3 with l a nd T us � fi g. All property lines and easements See Plat k"'_�h. All buildings, existing and proposed, and dimensions, floor area and heights ---- No Buildings i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development j. me n parking Public Roads on or near property sons and locations of all andloadin spaces Y P gp aces gp N/A AddiIional information i-egxril-ed fot- REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the site I. Any driveways, entrances /exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. Signature of applicant Date I on F -1 JUSTIFICATION Fo REZONING, SPECIAL USE PERMIT WARqER OR COMP PLAN (15.2.2232) REVIEW REQUEST Applicant __A., B . Hammond The Planning Coniniission will study rezoning, special use perrilit waiver or Community plan (15.2-223 review requests to determine the need and _justification for the change in tern - ns of public health, safety, and general welf-are. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain hoer 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_ Present Zoning is a special zone - EP -- for Explore Park approved to accomodate a proposed Theme Park development. It is very broad The three hundred acres that totally surround this land is zoned AG 3 and this land will continue to be used as farm and wood land and place in land use and will be eligible to be place in a conservation easement. Please explain how the prq ect conforins, to the general guidelines and policies contained in the Roanol -e County Conimunit Plan. This change will conform to surrounding zoning and use as farm land and open land. ... . ...... _ 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 service and facilities, including eater /sewer, roads, schools, parrs /recreation and fire and rescue. There will be not change in present use as farm land and wood land and conforms to surrounding land and land ownership. There are no public services available on this property::. F -1 Vk OA., Q Community Development Planning &Bonin Division Y �. . g 9 138 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'lRAFFIC 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 making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package), This continuance shall allow sufficient 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. 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Hammond Hammond Drive Vinton, Va, 071o00,01- -11,00 - 4000 071 o 40-01 -09 , 00 -0000 071,00-01-07,00-0000 071,00-01-05,00,0000 071,00-01-01,00,0000 Virginia Mountain Country Center LLC 071,00-01,06,00-0000 Albin B. Hammond. Albin B. Hammond III 071,00 -01 -04,00 -4444 081,00-01-01,00-0000 F-1 CONTRACT OF PURCHASE 4-fA, THIS CONTRACT OF PURCHASE (hereinafter "Contracf") is made as of Ma 20121, between VIRGINIA RECREATIONAL FACILITIES AUTHORITY, a political subdivision of the CommomNrealth of Vir owner of record of the Propert sold herein (the "Seller"), and ALBIN B. FIAMMOND, or assi (the "Purchaser"). Unless otherwise specified herein, the acceptance date of this Contract shall be the date upon which it is executed b Seller and shall be the date of acceptance as inserted in the blank above the si of the Seller. Real Proper Purchaser a to bu and Seller a to sell the land and -Cui i mprovements thereon and appurtenances thereto (the "Propert located in the count of Roanoke, Vir and described as: 47.7 acres located off of Hammond Drive, alon the Roanoke River $6:1500.00 Deposit $123,500-00 ]Balance of the Purchase Price. To be paid b Purchaser with cash, certified or cashier's check, or wired fends to the Settlement A at Settlement. $130,000.00 Total Purchase Price. Deposit. Upon Seller's si and acceptance of this Contract, Purchaser will -promptl make the deposit with PL T' & OEHLSCHLAEGER, PLC, the a upon escrow a ( the "Escrow , "), of $6,500.00 (the "Deposit" b check, receipt of which shall be acknowled b Escrow A The Deposit shall be held 'in escrow b the Escrow A pursuant to the tennis of this Contract, until Settlement and then applied to the Purchase Price. 'A Settlement Agent anci Possession. Settlement shall be made at the offices of Plunkett & Oehlschlae PLC O'Settlement A ) located at 18A Kirk Avenue, Roanoke, Vir 2401 or such other place as the Purchaser shall desi on or about .1 2012 ("'Settlement Date"). The Settlement Date ma be chan with the consent of the Purchaser and the Seller. Possession shall be g iven at Settlement. The rezonin of the Propert to the AG-3 zonin desi is a condition of closin as set forth below. The settlement shall be made within thirt (30) da of the rezonin of the Propert to the AG3 zonin desi *,s* Rezoning Conamon of Closin The Seller's obli to close on the Propert is contin on the Bu obtainin the rezonin of the Propert to the AG-3 zonin desi The Seller hereb authorizes the Bu to appl for and seek the rezonin of the Propert to the AG3 zonin desi The Seller will execute documents appropriate to appl for and seek the rezonin "AS IS" —Disclaimer. Bu accepts the Propert at closin "AS IS" in its present ph condition. 7241/115883453vl F-1 Standard Provisions on the Reverse Side or Attached a All of the Stwidard Provisions M Exhibit A are m*coTporated herein b reference, and shall appl to this Contract. A ce tance. This Contract when si b Purchaser shall be deemed an offer and shall remain in effect, unless withdrawn. Seller accepts this Contract at "3* Ar 0(5 ( time. ) . Ma *2 2012. Seller I hereb acknowled receipt of the Deposit herein. V Puregaser D {'Ul ; L- q 'q a I - I— ate: of D ate : S__ �__ I A Escrow A B 046't�� 2 Cash. Note. 7241/1/5883453VI F -1 Applicants Name: A.B. Hammond Roanoke County N Existing Zoning: EP Department Of Proposed Zoning: AG3 p Tax Map Number: 071.00 -01 -03.00 -0000 Community Development Magisterial District: Vinton Area: 47.7 Acres F -1 1 June, 2012 Scale: 1 11 = 450' F-2 GLENN MANN A h [M[ MARYELLEN F. GOODLATTE Direct Dial (540) 224-8018 E-mail rn June 1, 2012 HAND DELIVERED Ms. Tara Lambert Pattisall Roanoke Count Communit Development 5204 Bernard Drive Roanoke, Vir 24018-0798 Re: Rezonin and Special Use Application: Christ the Kin Presb Church Route 419 near intersection of Stone Drive and 2315 Bridle Lane, S.W. Two parcels: 4.70 acres Dear Tara: Enclosed please find the followin in connection with the above-referenced rezonin and special use re 1. Rezonin and Special Use Application 2. Concept plan checklist 3. Concept Plan 4. List of adjoinin propert owners and 5. A check in the amount of $1,145.00 representin the application filin fee. Christ the Kin Presb Church seeks to remove all the existin zonin conditions on the propert Additionall y our applicant re that a Special Use Permit be issued so as to allow the propert to be developed and used as a church. A Traffic Impact Stud has alread been performed. A cop of the report has alread been provided to VDOT and to the Count for their review and comment. 37 CAMPBELL AVENUE, S.W. ROANOKE, VIRGINIA 24011 P 540 224 8000 F 540 224 8050 POST OFFICE BOX 2887 ROANOKE VIRGINIA 24001 WWW.GFDG.COM ,NR It' W 0 R 11 F-2 C!� 1� Ms. Tara Lambert Pattisall June 1, 2012 Pa 2 As y ou know, the Church held a communit meetin on Ma 31 at the Roanoke Count Administration Buildin to discuss their plans for the propert Notices were mailed to over 80 households and the meetin was well attended. The overwhelmin majorit of those in attendance encoura the Church to file this application. I am enclosin a cop of the attendance sheets from the Ma 31 meetin I note that not all in attendance si the forms. In response to comments durin the Ma 31 meetin the Church will be submittin written proffers. Amon those proffered conditions will be that the propert will be developed in substantial conformit with the enclosed Concept Plan. We should be able to file the Church's Proffer Statements soon. The Church wants to reflect on the comments it received on Ma 31 and develop appropriate conditions. As shown on the Master Site Plan, the propert would be developed in phases. Durin Phase 1, the existin house on the site would be used as the office for the Church. No exterior modifications to the buildin or to the site are planned for Phase I. Phase 2 will see the construction of a multi-purpose buildin and pla the addition of site landscapin as well as a parkin area to accommodate the multi-purpose buildin When Phase 2 is complete, the Church will be able to conduct its worship services on the site. Phase 3 involves the construction of a dedicated Church sanctuar That will allow the Church to use the Phase 2 multi-purpose buildin as a fellowship hall. Additional parkin and landscapin will be added to the site durin this Phase. In the final Phase, the Church will add a win to the fellowship hall to brin the structure to its completion. When complete, the Church will accommodate no more than 450 people. Thank y ou for y our assistance and cooperation. Ver trul y ours, Mar F. Goodlatte MFG:Inn:7320000 Enclosures c: Christ the Kin Presb Church (w/enc.) rl 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 0 nl F-2 Date received- Received b Application fee: \A5 Q W PC/BZA date: 4�3 Placards ISSLIed: BOS date-. we Case NUmber ALL APPLICANTS Check t of application filed (check all that appl X Rezonin [KSpecial Use ❑ Variance ❑ Waiver ❑ Administrative Appeal ❑ Comp Plan ( 15.2-2232 ) Review I Applicants name/address iv/zip Phone: 540-725-5835 Christ the Kin Presb Church Work: 3959 Electric Road, Suite 190 Cell #: Roanoke Vir 24018 Fax No.: 540-725-1067 , Owner's name/add•ess Nv/zip Phone Work: Same as Applicant Fax No. Propert Location Route 419 near Ma District: Windsor Hills intersection of Stone brook Drive and Bridle Lane, S.W. Communit Plannin area: Windsor Hills Tax Map No.: 076.11 -03- 75.00 -0000 and 076.11-03-76.00­0000 Existin Zonin cic Size of parcel Acres: 4.70-- Existin Land Use: Residential /VaCant REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN ( 15.2-2232 ) REVIEW APPLICANTS (R/S/W/CP) Proposed Zonin C j C Proposed Land Use: Church Does the parcel meet the minimum lot area, width, and fronta re of the re district? Yes X ; No [ I IF N0 A VARIANCE IS REQUIRED FIRST. Does the parcel meet the rninii-num criteria for the re Use T Yes X No IF N0.3 A VARIANCE IS REQUIRED FIRST If rezonin re are conditions bein proffered kirith this re Yes X No VARIANCE,, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (VIWIAA) Variance/Waiver of Section(s) of the Roanoke Count Zonin Ordinance in order to: Appeal of Zonin Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke Count Zonin Ordinance L Appeal of Interpretation of Zonin Map to Is the application complete? Please check if enclosed. APPLICATION WILL NOT 1311" ACCEPTED IF A ESE ITEMS ARE MISSING OR INCOMPLETE. WSANI/CP V/AA IR/SANI/CP V/AA R/S/NV/CP V/AA Consultation 8 1/211 x I t " concept pl an A Application Metes and bounds descriptioll PI Wate - and sewer application Justification A I hereb certif that I am either the owner of the propert or the owner's a or contract P 1.11-Chaser and am of the oNviier. By 71 KING PRESS RIAN CHURCH ff IN r tioli f ce S, if applicable ing pro ") 12 TN%1itl_fi1LW" M ll w a Ur con MUNITY left 2 F -2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2 -2232) REVIEW REQUESTS Applicant Christ the King Pre sbyterian Church . The Planning Commission will study rezoning, special use permit waiver or community plan (15.2 -2232) review requests to determine the geed and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The parcel is already zoned Cl- Conditional. The conditions attached to the current zoning allow for an intense office use. Your applicant believes that its planned phase development of the property for church and church office use is more compatible with the residential development which adjoins the subject property. The development, as proposed by the Church, would serve as a logical buffer strip between the more intensive commercial uses along 419 and the residential neighbors, as noted in the County's zoning ordinance. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The Roanoke County Community Plan designates the property in question as "transition." Typically, transition areas serve as developed buffers between highways and nearby or adjacent lower intensity development. The proposed church use of this parcel is a use compatible with the transition designation. Please describe the impacts) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water /sewer, roads, schools, parks/recreation and fire and rescue. There will be no negative impact on the surrounding area or public services and facilities. in fact, permitting this acreage to be used for church purposes rather than the current office complex, will result in less traffic during peak time. 3 F -2 CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2 -2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the follol ,N7in are considered minimum: ALL APPLICANTS X a. Applicant name and name of development X b. Date, scale and north arrow X c. Lot size in acres or square feet and dimensions X d, Location, names of owners and Roanoke County tax map numbers of adjoining properties X e. Physical features such as ground cover, natural watercourses, floodplain, etc. X f. The zoning and land use of all adjacent properties X g. All property lines and easements X h. All buildings, existing and proposed, and dimensions, floor area and heights X i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development X j . Dimensions and locations of all driveways, parking spaces and loading spaces Additional infoi r•equh - ed for° REZONING and SPECIA L USE P E R11IT APPLICANTS X k. Existing utilities (water, sewer, storm drains) and connections at the site X I. Any driveways, entrances /exits, curb openings and crossovers X m. Topography map in a suitable scale and contour intervals X n. Approximate street grades and site distances at intersections X o. Locations of all adjacent fire hydrants X p. Any proffered conditions at the site and how they are addressed X q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. CHRIST TBE KING PRESBYTERIAN CHURCH Signature of applicant Date Al F -2 ADJOINING PROPERTY OWNERS Tax Parcels; 076.11-03-75.00 076.11.03 -75.00 Christ the Ding Presbyterian church TAX MAP NO. OWNERS 1 ADDRESS ZONING 075.07 -03 -22.00 Member one Federal credit Union C1 c P. O. Box 12288 Roanoke, Virginia 24024 076.07 -03 -23.00 Callie Dalton & Associates, Inc. C1 2320 Electric Road Roanoke, Vir ginia 24018 076.07 -03-24.00 Burgeon Enterprises, LLC C1 2350 Electric Road Roanoke, Vir inia 24018 075.11 -01-17.00 Wentworth Office Partners, LLC C1 P. o. Box 20886 Roanoke, Virginia 24018 075.11 -03 -77.00 JAM Properties, LLC C1 2415 Electric Road, S.W. Roanoke, Vir inia 24018 076.11 -03 -70.00 Bishop Walter S. Sullivan R1 Roman catholic Diocese of Richmond, Virginia 811 cathedral Place Richmond, Virginia 23220 076.11 -03 -70.01 Alvin Lee Ingram R 1 Patricia Hart Ingram 2326 Sorrell Lane Roanoke, Virginia 24018 076.11 -03 -71.00 Alvin Lee Ingram R 1 Patricia Hart Ingram 2326 Sorrell Lane Roanoke, Vi r inia 24018 076.11 -03 -72.00 Marion A. Horne R1 Frieda D. Horne 2318 Sorrell Lane Roanoke, Virginia 24018 076.11 -03 -73.00 William H. Ferguson, Jr. R1 Jean K. Ferguson 2310 Sorrell Lane Roanoke, Virginia 24018 F -2 0 Piro] I k, I IjLq a as] aamam&* , W VY z Tax Parcels: 076.11-03-75.00 076.11 -03 -76.00 Christ the King Presbyterian Church 076.07 -05 -01.60 Joy D. Taylor R1 Hugh A. Taylor 5206 Stoneybrook Drive Roanoke, Vir ginia 24018 076.07 -04 -03.00 Audre E. Whitlow R1 5116 Stoneybrook Drive Roanoke, Virginia 24018 076.07 -04 -02.00 Paul Clinton Jones R1 Joann J. Jones 5106 Stoneybrook Drive Roanoke, Virginia 24018 076.07 -04 -01.00 Leroy l+'�'. Bailey R1 Rhonda L. Bailey 5016 Stoneybrook Drive Roanoke, Vir ginia 24018 F -2 SIGN -IN SHEET �� ���a5 3�1v<< LN � ��y -3ais� mC \�e\cl\et a�d1 1Ah'�el�i�l Vf 77�1-`�d�/3 CS, ��. � ti� '� 111 0 ���'ef S�p�� hazy /jroaK��'r��J p� I�aek V6 27 -� v Ik 37 sao �byook ar e O/ t� I c- t;; 7a 7 J 310"' , IL VA c) L JAC,/(/e, gtfhkS y 4- 9/ d 1 4A. 5 3GL F -2 W r ............................ ...... . ....... 5 t x m�:: rMW r + i s- N: w .. .............. :....:.:...............:......: aw`�> .._..:::..:.:........:..... :..................:..:.:... ......::..........:.......,... ....:.....w �r .. . ...... . ........ .... . ..... . ..... . NAME UNA U �eC'a �y11k"l�X, s[oao ADDRESS IS �oc�r�ol(z VA eq 0 1� -7 v1p TELEPHONE NUMBER F -2 SIGN -IN SHEET 5/31/20 Nei ,:,,,.. M eetl* . .. ...... .... . ........ ............. ..... TELEPHONE DAME ADDRESS NUMBER `3130 CA-tLo t-j�y DZ stla �00 y6gy mace 1 /4 Z�DIK N I LL V) LL, 0 � w P� o C6 vi cn vi C. 0 0 0 0 0 0 C 0 tr� ol� yy o �o o w N x 'c w w w V) V) cn m m in. wr 0. n 0.�. Q C n g o C og Ln �--� 1� 10 a IE Q Q � dad c � "'''� g '�`. � ter'• � 9 o C � 4 + i pp� O yj r P U h El °trn o_d N o N <C f M F -2 Applicants Name: Christ the King Presbyterian Church N Existing Zoning: C 1 C Roanoke County Department of Proposed Zoning: C1 CS Tax Map Number. . 076.11-03-75 & 076.11-03-76 Community Development Magisterial District: Windsor Hills Area: 4.70 Acres 4 June, 2012 Scale: 1 " = 200' Neighborhood Conservation Development Suburban Village Village Center Rural Village _ Rural Preserve - Conservation Transition Co re Economic Opportunity - Pricipal Industrial Un iversity F-2 f7�iri L r. Site a �t Applicants Name: Christ the Kin Presb Church Roanoke Count N Existin Zonin C I C Department of Proposed Zonin CI CS Tax Map Number: 076.11-03-75 & 076.11-03-76 Communit Development Ma District: Windsor Hills Area: 4.7OAcres 1 4 June, 2012 Scale: 1 200' F -2 Applicants Name: Christ the King Presbyterian Church N Existing Zoning: C 1 C Roanoke County Department of Proposed Zoning: C1 CS Tax Map Number. . 076.11-03-75 & 076.11-03-76 Community Development Magisterial District: Windsor Hills Area: 4.70 Acres 4 June, 2012 Scale: 1 " = 200' - AG3 \ EP AG1 AR AV C1 C2 C2CVOD 11 12 PCD P RD \ PTD R1 R2 R3 R4 RB GB \ CB M1 M2 Applicants Name: Christ the King Presbyterian Church N Existing Zoning: C 1 C Roanoke County Department of Proposed Zoning: C1 CS Tax Map Number. . 076.11-03-75 & 076.11-03-76 Community Development Magisterial District: Windsor Hills Area: 4.70 Acres 4 June, 2012 Scale: 1 " = 200' ACTION NO. ITEM NO. G-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: SUBMIT'T'ED BY: APPROVED BY: July 24, 2012 Ordinance approving a lease with Oakland Properties for a parking lot at Thompson Memorial Drive and East Main Street in Salem, Virginia (Due to time constraints, it is requested that, upon a four -fifths vote of the Board, the second reading be waived and the ordinance adopted as an emergency measure.) Anne Marie Green Director of General Services B. Clayton Goodman III County Administrator ?S-f�— COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County has leased property near the intersection of Thompson Memorial Boulevard and East Main Street in Salem since 1992 for use as additional courthouse parking. The lease expired on April 30, and the owner, Oakland Properties, LLD., has agreed to renew it, as well as lease additional adjacent paved space to the County. This extra space will help to alleviate the parking issues at the Social Services Building by providing an area reserved for Social Services staff to use. Currently some social workers are the only employees in the County paying for parking spaces, and in some cases, those spaces are further away from the offices than this lot. The term of the lease is five (5) years, with an additional five (5) year term, although either party may terminate it by providing six (6) months written notice. The lease provides for a right of first refusal for the County, bath on the leased premises, and the entire block, which includes a small convenience store, should the owners decide to sell in the future. The rent increases six percent (6 %) annually, which is the same as in the lease that just expired. Page 1 of 2 This is the only long -term, free parking available to the public and the staff, including police officers at the courthouse, since the courthouse lot is reserved for the judges and some employees. The owner has already signed the lease, and wants it to begin on August 1. Due to the cancellation of the July 10, 2012, Board Meeting for weather issues, staff is requesting that by a four -fifths vote, the second reading be waived, and the ordinance be adopted as an emergency measure. FISCAL IMPACT: The beginning rent is $3,058/month, which includes $1,8581 month for the space currently rented by the county, and an additional $1,200 for the next 17,544 square feet for Social Services. The funding for the current space is available in the Courthouse Maintenance account, and the funding for the Social Services space is available in the Salem Bank and Trust Account, which is self- funded from the rent paid by the Commonwealth of Virginia far Social Services. As stated above, the rent will increase by six percent (6 %) annually. STAFF RECOMMENDATION: Staff recommends that the board waive second reading of this ordinance and approve it as an emergency measure by four -fifths vote. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 24 ORDINANCE APPROVING A LEASE WITH OAKLAND PROPERTIES FOR A PARKING LOT AT THOMPSON MEMORIAL DRIVE AND EAST MAIN STREET IN SALEM, VIRGINIA WHEREAS, pursuant to Ordinance 42892 -7, Resolution 011497 -8 and Ordinance 032602 -11, Roanoke County has leased from William Watts and Elizabeth B. Watts and Oakland Properties, LLC a parcel of land containing approximately 0.680 acre, bounded by East Main Street, Craig Avenue and Clay Street for parking facilities at the Roanoke County Courthouse and Jail since May 1, 1992; and WHEREAS, said lease expired on April 30, 2012; and WHEREAS, staff has negotiated with the property owner (now Oakland Properties, LLC) for a new lease of an expanded parcel containing approximately 1.0 acre (47,672 square feet) for parking purposes; and WHEREAS, no other suitable parcels or tracts of land are available for lease or sale to use for parking facilities to serve County staff and the public at the Courthouse and Jail facilities. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Sections 2.01 and 2.03 of the Charter of Roanoke County, the County is authorized to acquire property, including the lease of real estate; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, the acquisition of any interest in real estate shall be accomplished by Page 1 of 3 ordinance, the first reading of this ordinance was held on July 24, 2012, and the second reading of this ordinance has been dispensed with since an emergency exists, upon a four -fifths (4 /5ths) vote of the members of the Board. 3. That the execution of an agreement with Oakland Properties, LLC to lease a parcel of land containing approximately 1.0 acre (47,672 square feet), bounded by East Main Street, Craig Avenue, and Clay Street, in the City of Salem for public parking facilities at the Roanoke County Courthouse and Jail is hereby authorized. 4. That the lease term shall commence on August 1, 2012, and continue for a period of five (5) years, with the option to renew for an additional five (5) year period upon authorization by resolution adopted by this Board. The lease also provides for a right of first refusal for the County, both on the leased premises, and the entire block, which includes a small convenience store, should the owners decide to sell in the future. 5. That the base rent shall be the sum of $3,058 per month, with a six percent (6 %) annual increase, and payment of any increase in real estate taxes that may be directly attributable to improvements made to the property by the County. 6. That payment of rent ($1,858 per month) for the space currently rented by the County (0.680 acre) shall be made from the funds available in the Courthouse Maintenance Fees revenue account. That payment of rent ($1,200 per month) for the additional space (0.402 acre) shall be made from the funds available in the Salem Bank and Trust Account (which is self- funded from the rent paid by the Commonwealth of Virginia for Social Services). 7. That the County Administrator, or an Assistant County Administrator, is authorized to execute such documents and take such actions on behalf of the Board of Page 2 of 3 Supervisors in this matter as are necessary to accomplish the lease of this property, all of which shall be approved as to form by the County Attorney. 8. That this ordinance shall be effective on and from the date of its adoption. Page 3of3 This LEASE AGREEMENT, made and entered into this /Si­ _-- day of August, 2012, by and between OAKLANDS PROPERTIES, LLC, a Virginia limited liability company, Grantor, hereinafter referred to as "Landlord" and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, its successors or assigns, Grantee, hereinafter referred to as "Tenant' WITNESSETH That for and in consideration of the premises and the mutual covenants contained herein, the parties agree as follows: 1. Leased Premises - The Landlord hereby rents and leases to the Tenant and the Tenant hereby rents and hires from the Landlord, in accordance with the terms and conditions set forth in this agreement, the following real property, herein referred to as the "premises ", to -wit: That tract or parcel of real estate containing approximately 0.050 acre of land (30,128 square feet) bounded by East Main Street, Craig Avenue and Clay Street, and that tract or parcel of real estate containing 17,544 square feet fronting on Thompson Memorial Drive and East Main Street as shown on a plat dated April 3, 1974 by David Dick & Associates, a copy of which is attached hereto as Exhibit A. 2. Term of Lease -The term of this lease shall be for a period of five (S) years, said term to commence on August 1, 2012, and continue until July 31, 2017. The Tenant shall have the option to renew this Lease for an additional successive five (5) year term, commencing August 1, 2017 and continuing until July 31, 2022, upon the same terms and conditions contained in this agreement; said lease may be renewed by providing written notice to the Landlord on or before the 31st day of March, 2017. Either party may terminate this lease by providing six (b) months written notice as provided in Section 13. ti 3. Rental - The Tenant shall pay as rent the sum of Three Thousand Fifty -eight Dollars ($3,055) per month, payable each month in advance by Tenant to Landlord at 2 730 Wycliffe Avenue, Roanoke, VA 24014 without demand therefor. The rent shall increase six (0) per cent annually, beginning on August 1st of each year. The Tenant's obligation to pay is subject to annual appropriations being made for such purpose by the governing body of the County of Roanoke. 4. Taxes - During the term of this Lease, Landlord shall remain responsible for the payment of all taxes and assessments imposed on the premises; provided, however, that Tenant agrees to pay the amount of any real estate tax increase which is directly attributable to improvements made to the premises by the Tenant (County). S. Use and Possession -- It is understood and agreed by the parties that the premises are to be used, during the term of this lease, for the purpose of parking or storing motor vehicles, and may include the construction of certain improvements by the Tenant for any related purposes. Any structures or other improvements placed upon the property by the Tenants shall remain the property of the Tenant and may be removed at any time prior to the expiration of this Agreement, but such removal shall not deemed an abandonment or waiver of Tenant's rights under this Agreement. Tenant agrees not to install underground storage facilities for petroleum products on the property. 6. Condition - The Tenant has examined and knows the condition of the premises and accepts same in its current condition. Tenant acknowledges that no representation as to the condition or repair of the Premises thereof has been made by the landlord, except as provided for herein. The premises shall be returned to the Landlord at the expiration of this lease in its current condition and state of repair, with allowance for ordinary wear and tear. 7. LiWillities - During the term of this Lease, Tenant will provide and pay for all utilities which may be necessary to Tenant for the reasonable and proper use and enjoyment of the demised premises by the Tenant. Landlord agrees to grant such approvals to the utility companies as may be necessary for the installation of utility services. S. lnsuran - Tenant convents that it shall, during the term of this lease, keep in full force and effect a policy of public liability insurance or such comparable self -- insurance as may be authorized by the laws of the Commonwealth of Virginia with limits of at least $ 1,000,000 for personal injury to or death of any one person and $2,000,000 for injury to or death of more than one person in any one occurrence and $ 100, 000 for property damage. g. Landlord Covenants - Landlord covenants and represents that it has the full and complete ownership of the lease premises; that it has the full power and right to execute this lease and to perform the obligations hereunder; that no private restrictions exist with respect to the said premises or the use thereof; that no one, exclusive of the Landlord and Tenant and their respective successors in interest, has any interest in or claim against the leased premises; and that the proposed use of the leased premises by the Tenant is lawful and permissible under all laws and regulations. 10. Right .of.First Refusal - Landlord hereby grants to the Tenant the right of first refusal on any sale of the leased premises. Any proposed sale of the leased premises will be submitted to the Tenant and the Tenant shall have the right to purchase the leased premises on the same terms and conditions as the proposed purchaser. In the event that Landlord's proposed sale includes all or any portion of the Premises and the adjoining parcel of land, containing 0.789 acres, more or less, located on Thompson Memorial Drive between East Main Street and Clay Street as shown on the survey attached hereto as Exhibit A, the Landlord hereby grants to the Tenant the right of first refusal on any such proposed sate; provided, however, that Tenant may not elect to purchase only the Premises portion of the proposed sale. All such proposals of any kind shall be presented to Tenant by written notice and Tenant shall have thirty (30) days upon which to enter into a contract with Landlord to purchase said premises, by itself or in combination with all or a portion of the adjoining parcel, as applicable, upon the same terms and conditions as the proposed purchaser. 11. Sa f Premises - In the event that the Landlord sells the lease premises to any party other than the Tenant, the sale and conveyance thereof w i l l be made subject to all provisions of this lease. 12. Miscellaneous -- Landlord and Tenant hereby acknowledge the possibility that a small portion of the Premise may be acquired by the City of Salem for street widening along East Main Street. Provided that the taking for street purposes is no greater than 1100 square feet, such taking shall not affect the rent or any other conditions contained in this lease. In the event that the taking is more than 1100 square feet, Landlord agrees that the Tenant shall be entitled to proportionately reduce the monthly rent, i.e. the monthly rent to be reduced by the percentage that the square footage of the Premises taken relates to the square footage of the entire Premises. 13. NQtices -- All written notices required or permitted by this Lease Agreement may be delivered in person or shall be sent by certified mail, return receipt requested (postage prepaid) to the Landlord or Tenant at the following addresses: Landlord: Ms. (Catherine Watts Oaklands Properties LLC 2 730 Wycliffe Avenue Roanoke, VA 24014 Te nant: Board of Supervisors of Roanoke County Attn: Anne Marie Green, Director r ► �. M 77 /12.3Q k� a rAN. rAAC' /6. -�s. s • r. c' I ( W BRI C+'C � ,• % BViLWING d 1 { a . 4 M � (. � g Cb �.� � � �' ►� ¢ 4 . , o} -9 3.08 8.33 it - fl a 0 . Q � � O v�C 1 -�s. s • r. c' I ( W BRI C+'C � ,• % BViLWING d '~ R { tn h �.� � � �' ►� ¢ lu f• x Q � � O v�C { h 1 r rC� o I to � � �' ►� ¢ lu f• x c ome. Lovo 4P p ost l',Z RT n)c 5 - UQ VS y MRC) t Fe7,e W /Zzllg1K WtqT 7'S 4Lr1l �► s. 2 ,I �►r .. z � - �.Q�PE1err o�v Afvl v 5'7.VEET- lovsr r 4p,'14 3 / 9 7-?� CiR /VE, -' r, M4roeFSY C �JV.�T ]"'1115 C,4.4AG AVIF � CL A smArEr 4 r;,1;F!D D!Cl 1 �C,vr of s �.r.Q c� r� crr,��dcr SO4QZ ,F" 111RG1 IV/ A Ap .s oov1Z3 ■ ePQTJC S IFrrs I wF+rAE S 11 x &.W &'M'rC-R Y Cffle 1 V- ACTION NO. ITEM NO. G -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DAmm: AGENDA ITEM: SUBMIT'rED BY: APPROVED BY: July 24, 2012 Ordinance authorizing the relocation of the following polling places pursuant to Section 24.2 -306, 24.2 -307, and 24.2 -310 of the 1950 Code of Virginia, as amended: (1) Bennett Springs polling place (107) to be relocated from the Masons Cove Fire Station to Mountain Pass Baptist Church, 2975 Catawba Valley Drive, Salem 24153; (2) Garst Mill polling place (306) to be relocated from the Library Headquarters to Cave Spring Rescue Station, 3206 Valley Forge Avenue, Roanoke 24018; and (3) Hunting Hills polling place (507) to be relocated from the Celebration Church of God to South County Library, 6303 Merriman Road, Roanoke 24018 Judith Stokes General Registrar B. Clayton Goodman III County Administrator ►ry COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: For a variety of reasons, it has become necessary for Roanoke County to relocate three (3) polling precincts. Changes in polling places must be enacted at least sixty (60) days prior to an election and the notice shall be mailed to all registered voters whose polling place is changed at least fifteen (15) days prior to the next election. Below are the proposed changes: 1. Mountain Pass Baptist Church has agreed to the use of their fellowship hall by Roanoke County as a polling location for the Bennett Springs precinct. The Masons Cove Fire Station does not have ample space to accommodate voters for the Presidential Election. Mountain Pass Baptist Church will better Serve Roanoke County with a larger space for setting up the voting equipment, increased lighting, more Page 1 of 2 convenient parking, security for voting equipment, accessibility and visibility for all voters from Route 311 and to the entrance of the building from the parking lot. 2. The Cave Spring Rescue Station has agreed to serve as a polling location for the Garst Mill precinct since the Library headquarters on Electric Road is closed. This new location provides ample space and accessibility for the Election officials and voters. 3. The new South county Library will serve as an excellent polling location for the voters of Hunting Hills precinct. Pursuant to the Code of Virginia, each polling place shall be located in a public building whenever practicable. The library provides increased parking and accessibility as well as lighting and increased space for voting. The geographic location is excellent for visibility and will promote use of the new facility for other purposes as well as voting. FISCAL IMPACT: Required legal notice $ 500 Postage for mailing notice 2 Printing of notice to voters 750 Total $3,250 Funds are requested from Board contingency. STAFF RECOMMENDATION: Staff recommends approving the first reading of the attached ordinance and appropriation of $3,250 from Board Contingency for the relocation of three (3) Roanoke County polling precincts and setting the second reading for August 14, 2012. 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 24 ORDINANCE AUTHORIZING THE RELOCATION OF THE FOLLOWING POLLING PLACES PURSUANT TO SECTION 24.2 -306, 24.2 -307 AND 24.2 -310 OF THE 1950 CODE OF VIRGINIA AS AMENDED: (1) BENNETT SPRINGS PRECINCT (107); (2) GARST MILL PRECINCT (306); AND HUNTING HILLS PRECINCT (507) WHEREAS, Sections 24.1 -306, 24.2 -307 and 24.2 -310 of the 1950 Code of Virginia, as amended, authorize the governing body of each county to establish the polling place for each precinct in that jurisdiction by ordinance; and WHEREAS, the citizens of Roanoke County will be better served by the relocation of certain polling places to locations providing more space for voting equipment, increased lighting, more convenient parking, higher security for voting equipment and easier accessibility for all voters; and WHEREAS, the first reading of this ordinance was held on July 24, 2012; and the second reading of this ordinance and public hearing were held on August 14, 2012. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the relocation of the following polling places be, and hereby is approved as follows: (1) Bennett Springs Precinct (107) to be relocated from the Masons Cove Fire Station, 3810 Bradshaw Road, Salem, VA 24153 to the Mountain Pass Baptist Church, 2975 Catawba Valley Drive, Salem, VA 24153 (2) Garst Mill Precinct (306) to be relocated from the 419 Library Page 1 of 2 Headquarters, 3131 Electric Road, Roanoke, VA 24018 to the Cave Spring Rescue Station, 3206 Valley Forge Avenue, Roanoke, VA 24018. (3) Hunting Hills Precinct (507) to be relocated from the Celebration Church of God, 4429 Buck Mountain Road, Roanoke, VA 24018 to be relocated to the South County Library, 6303 Merriman Road, Roanoke, VA 24018. 3. That the General Registrar for the County of Roanoke, Virginia, is hereby authorized to take all measures necessary to comply with Virginia law and regulations regarding a change in a polling precinct and for reasonable notification to the voters of this change in their respective polling location. 4. That the County Administrator and the General Registrar are hereby authorized and directed to take such others actions as may be necessary to accomplish the intent of this Ordinance. 5. That this Ordinance shall take effect immediately. Page 2 of 2 600 CATAWBA 101 320 698 101 311 311 BE E SPRINGS 10: 864 Former Precinct Location Masons Cove Fire Station New Precinct Location Mountain Pass Baptist Church 107 2975 Catawba Valley Dr 102 64 822 107 740 MASONS VALLEY 102 311 40 GLENVAR 103 go 00 PETERS Co REEK 105 80 ILDWOOD 705 419 Change in Precinct Location Bennett Springs Precinct 107 Masons Cove Fire Station to Mountain Pass Baptist Church Date: July 24, 2012 N 1 inch = 4,000 feet Change in Precinct Location Garst Mill Precinct 306 419 Library Headquarters to Cave Spring Rescue Station Date: July 24, 2012 N 1 inch = 1,000 feet 305 AE ROCK 305 502 7 CAVE SPRING • � 503 613 PENN FOREST 502 New Precinct Location Former Precinct Location South County Library Celebration Church of God � 6303 Merriman Rd 503 5� 03 501 897 HUNTING HILLS 507 COTTON HILL 501 Change in Precinct Location Hunting Hills Precinct 507 Celebration Church of God to South County Library Date: July 24, 2012 N 1 inch = 1,000 feet AC - rION NO. ITEM NO. H -1 AT A REGULAR MEE1 "ING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 24, 2012 AGENDA ITEM: ordinance Amending Various Sections of Chapter 20. "Solid Waste" of the Roanoke County Code SUBMITTED BY: Anne Marie Green Director of General Services APPROVED BY: B. Clayton Goodman III County Administrator kyY/ COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY of INFORMATION: During the fiscal year 2012 -2013 budget process, the Board of Supervisors directed the Department of General Services to prepare its budget with changes to the policy for use of the dump trailer known as the Freeloader. In the past, this trailer has been available to citizens at no charge, although it cost the Solid Waste Division approximately $40,000 annually to deliver, pick i .,ip, and dump the trailer. In the alternative, the Board chose to implement a fee schedule for the trailer as follows: Monday — Wednesday rental $100 Wednesday — Friday rental 100 An additional day 50 Friday — Monday rental 150 The attached ordinance makes the necessary changes to allow for charging for use of the trailer. It does not specify - the exact amounts, so that these can be changed easily if necessary. At the first reading of this ordinance, Mr. Elswick expressed concern that this change would reduce service levels for our citizens. When this was discussed in work session during the budget process, the Board was given several options for reducing service in order to save Page 1 of 3 money. Most of the solid waste suggestions were rejected by the Board, but the change to the Freeloader was generally seen as a minimal reduction, since the vast majority of citizens do not use the service, and none of the other Roanoke Valley jurisdictions provide this service for their residents. Since that work session, staff has begun receiving phone calls from citizens interested in renting the Payloader, because they would be able to have the trailer for a longer period of time. Staff also wishes to make some other minor changes to the ordinance to respond to some confusion which occasionally arises in enforcing it. The attached document shows the proposed changes. Sec. 20 -1 — Definitions: Automated collection -- due to budget constraints, we are only able to provide one can to households, and require residents to purchase a second container from somewhere else, generally a hardware store. - rhe proposed change in this section reflects that policy. Household waste definition —the Solid Waste Division's core focus is picking up household solid waste, not waste generated by unusual activities, such as large renovations, land clearing, etc. This change in the definition is to emphasize the service which we provide. Residential solid waste customers— the Division does not provide containers or service to unoccupied houses, the rationale being that unless someone is living there, there is no household waste being produced. Instead, if waste is being produced, it is generally major renovation or landscaping waste, which is not picked up at households. This change is to emphasize the service which we provide. Qualified road — there are some roads in the state system which are unsafe, either due to temporary weather related conditions, or permanent issues such as allowable weight on bridges, which render them unsafe to collect, particularly with an automated truck. This change will bring the ordinance in line with our practice of serving the citizens with other equipment, such as a rear loader or pick -up truck. Sec. 20 -24 — Specific collection categories: (b) — Specific rules pertaining to automated collection. Additional language for home based businesses; this is not a change to procedure, but a clarification. (c) —Physically - challenged collection — language to clarify rules, and provide ability to request updated certification if trash volume indicates more people living in the household. (d) — Premium garbage collection — due to customer requests for larger billing cycles, language has been added to provide for bi- annual billing. Sec. 20 -25 — Supplemental collection service Language reduces allowable weight of bags. Recent experience has indicated that 50 Page 2 of 3 pounds of dead weight is too heavy for one person to safely lift. Also adds mulch to the list of excluded items, because it interferes with the packer mechanism on the rear loader trucks. (fl — Additional disposal services —adds language for Payloader. FISCAL IMPACT: - rhe change to the Freeloader is estimated to provide a $40,000 positive impact to the Solid Waste Division's budget through a combination of reduced operational cost and revenue from rental. STAFF RECOIUMENDA"rION: Staff recommends that the Board approve the second reading of this ordinance. Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 24 ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 20. "SOLID WASTE" OF THE ROANOKE COUNTY CODE WHEREAS, the Board of Supervisors for Roanoke County has determined that several clarifying amendments are necessary to the "Solid Waste" Chapter of the Roanoke County Code for Definitions, Specific Collection Categories, and Supplemental Collection Services; and, WHEREAS, due to increased costs of operations and budgetary constraints certain services which heretofore were provided free to County citizens will not require the payment of a fee; and, WHEREAS, the first reading of this ordinance was held on June 26, 2012, and the second reading and public hearing was held on July 10, 2012; and NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, as follows: 1. That Chapter 20. "Solid Waste" of the Roanoke County Code be amended to read and provide as follows: Sec. 20 -1. - Definitions. The following words and terms, as used in this chapter, shall have the meanings ascribed to them in this section: Automated collection: A mechanical method of garbage collection utilizing a vehicle equipped with a hydraulic arm that empties special containers provided by the county containers deemed compatible with equipment utilized by the county. Page 1 of 15 Brush collection: Curbside collection of brush, small tree limbs, and other arboreal materials from residential customers. Bulk collection: Manual curbside collection from residential customers of appliances, furnaces, air conditioners, furniture, carpeting, rugs, bagged leaves and grass, boxes, four (4) unmounted tires, building materials and other permissible household items. Building material: Any homeowner generated material from small remodeling or repair work. Examples of included items would be lumber (less than three (3) feet in length), wood from trim, paneling, small amounts of containerized drywall or ceiling tile, PVC or galvanized pipe (less than three (3) feet in length). No individual piece or container may weigh more than fifty (50) pounds. No more than a six (6) by six (6) by six (6) feet load will be collected at any one (1) time. Commercial collection:The county's limited curbside collection of garbage placed in approved containers, generated by licensed business establishments, including three (3) to five (5) family rental properties, one (1) to five (5) unit retail complexes, churches and church -run daycares. Contractor /commercial waste: Waste material, including construction /demolition waste, resulting from work performed under contract for consideration. This includes, but is not limited to, trimming, yard maintenance and remodeling or other home repair. Curbside collection: The collection of solid waste that has been placed no farther than five (5) feet from a curb or edge of a qualified road. Debris waste: Stumps, logs, limbs, wood, brush, leaves, soil and rock from land clearing operations. Page 2 of 15 Pay Loader �r °° I^p^�°r Dumpster -style trailer which may be reserved for a fee by toe county residential customers f ,�� ° (I � 1^4°° ^ n ° (I � 1 ^ 4 °°k 1QPd for a specified period of time. Garbage: Solid and semi -solid items including discarded food wastes, wastes likely to decompose, bottles, waste paper, cans and clothing. Hazardous waste: "Hazardous substances" as defined by the Virginia Hazardous Management Waste Regulation; posing a danger to human health, harm to the environment, including but not limited to oil -based paint, insecticides, herbicides, poisons, corrosives, combustibles, caustics, acids, motor oils and gasoline. Household waste: Non - hazardous material, including garbage and trash, derived from normal daily household activities , Industrial waste: Any solid waste generated by manufacturing or industrial process that is not a regulated hazardous waste. Physically- challenged service: Refuse pickup at the house for citizens who are physician - certified as unable to transport garbage to the street. Private road: A road not in the primary or secondary system. See also "qualified road" below. Premium garbage collection: Optional pickup of garbage from a residential customer for a fee. Residential customers: C'ei inty residents living 1- -i mild hnmos ir, ,11 irlir�rr Page 3 of 15 Occupied single family homes, individually owned townhouse, duplexes, single lot mobile homes and some qualified condominiums within the County. Residential collection: Garbage, bulk and brush collection from residential customer's dwellings. Recyclables: Newspaper, cardboard, office paper, aluminum, copper, steel, tin, auto batteries, motor oil. Qualified road: A road in the primary or secondary system of highways in the Commonwealth of Virginia will qualify unless deemed unsafe or inaccessible by County administrator or designee. This term also includes private roads meeting specific county prescribed conditions, as noted in section 20 -23 below. Seasonal collection: Collection of Christmas trees and bagged leaves, during applicable times of the year. Solid waste: Solid and semi -solid materials including household garbage, yard waste, brush, bulk household waste, un- mounted tires and other permissible discarded, non- hazardous materials. Yard waste: Lawn clippings, small brush and twigs, shrubbery clippings, (Code 1971, § 14 -4; Ord. No. 72694 -4, § 1, 7- 26 -94; Ord. 012704 -3, § 1, 1- 27 -04; Ord. No. 101408 -2 § 1, 10- 14 -08) Sec. 20 -2. - Reserved. Editor's note— Ord. No. 72694 -4, § 1, adopted July 26, 1994, deleted, in effect repealed, § 20 -2, which pertained to rates and charges for use of county landfill. Page 4 of 15 Sec. 20 -21. - Article not applicable to Town of Vinton. This article shall not apply to residents or commercial or industrial establishments of the Town of Vinton, Virginia, an incorporated town lying within the boundaries of the county, since the council for the town has provided for solid waste collection for the residents of the town. (Code 1971, § 14 -7, Ord. No. 72694 -4, § 1, 7- 26 -94; Ord. No. 012704 -3, § 1, 1- 27 -04) Sec. 20 -22. - Responsibility of county administrator under article. The administration of this article, including the establishment of a budget for providing effective solid waste collection service; the hiring of all employees necessary for providing such service; the billing of persons receiving such service; and all other matters related thereto shall be the responsibility of the county administrator; provided, that all matters pertaining to the establishment of an annual budget and the establishment of collection rates and charges shall be approved by the board of supervisors. (Code 1971, § 14 -5; Ord. No. 72694 -4, § 1, 7- 26 -94; Ord. No. 012704 -3, § 1, 1- 27 -04) Sec. 20 -23. - Right to, and application for, service. All county residents shall be entitled to receive solid waste collection service consistent with the provisions of this article, subject to the determination of the county administrator, or his designee, regarding the economic feasibility of providing such service to any particular location subject to the provisions of this chapter and the policies of the board of supervisors. Any person desiring such service shall make application through the office of general services. Arrangements for payment, if required, shall be made at the time of application. Page 5of 15 Solid waste collection service shall be provided to county residents from and along a qualified road. This service may be provided from and along a private road under the following conditions: (1) There are at least three (3) homes on the road; (2) The county has written permission from all owners to be on the road, the owner /s assume the risk of any damage to the private road arising from the provision of such service by the county; and (3) The director of general services has approved the collection. This approval shall be based on the feasibility and safety of operating refuse collection vehicles on the private road. (Code 1971, § 14 -6; Ord. No. 72694 -4, § 1, 7- 26 -94; Ord. 012704 -3, § 1, 1- 27 -04) Sec. 20 -24. - Specific collection categories... (a) Weekly curbside collection. The county shall provide weekly curbside garbage collection of household waste at no charge to all residential customers, meeting requirements of this chapter, in the county. To receive curbside collection, the following general rules must be followed: (1) All containers placed within five (5) feet of the curb line of a qualified road by 7:00 a.m. of the scheduled collection day. (2) Containers shall be removed at least ten (10) feet from the public street right- of-way no later than 7:00 a.m. of the day following the scheduled collection day. (3) All material placed in the container for collection must be bagged. (4) No dead animals, hazardous material, automobile parts, ashes, liquids, debris, rocks, dirt, mulch, concrete or construction waste, Page 6 of 15 contractor /commercial waste, or any other material deemed unsafe for collection shall be placed in the containers for collection. (5) Sharps and needles must be sealed in proper needle disposal containers or other heavy, capped plastic containers, such as detergent bottles, milk jugs or soft drink bottles. (6) Pet feces must be double bagged before being placed in containers for collection. (7) Latex paint may be placed in containers after it has completely solidified. (b) Specific rules pertaining to automated collection. All residential customers within the automated service area will receive one (1) automated container. Weekly collection will only be for household waste, garbage and yard waste placed within the container. The containers are assigned to the structure, not to the occupants. All county residential customers are eligible for a second container, which must be purchased. No more than two (2) containers per residential customer will be allowed. Home based businesses are eligible for one (1) container based upon the provisions established in sub - section (e) of this section for commercial collection, but such businesses are limited to no more than two (2) containers per residential customers When set to the curb line, each container must have at least five (5) feet of clearance on all sides. (1) The replacement fee for a container shall be established by the solid waste manager subject to the approval of the county administrator. (2) Residents may be charged for repairs or replacement of containers, if the loss or damage is due to negligence of the customer as determined by the solid waste manager. The homeowner will be responsible for purchasing a new container in all instances of loss due to burning. Page 7 of 15 (c) Physically - challenged collection. Backyard household waste collection will be provided to residential customers when everyone living in the structure is disabled or handicapped and unable to transport the refuse to the curb. A physician's certification of handicaps or disabilities is required for all individuals residing in the household. Physically - challenged residents will be required to renew this certification on an annual basis. The following additional criteria apply: (1) Customers receiving this service are limited to one (1) container. (2) Customers will be subject to all automated guidelines except placing container at curb. (3) This is service is reserved for household trash only. All materials placed in containers for collection must be bagged. (4) Bags shall weigh no more than thirty (30) lbs. (5) The County reserves the right to review the certification if a significant change in volume of trash occurs. (6) This service is not available for bulk and brush collection. (d) Premium garbage collection. Optional backyard service may be available to residential customers for household waste only by application. The charge for premium backyard collection will be a minimum of fifteen dollars ($15.00) per month and will include service up to one hundred (100) feet from the curbside pickup location. For each additional one hundred (100) feet or fraction thereof, an additional ten dollars ($10.00) charge will be assessed. The premium refuse collection charges shall be paid in advance ^R a G,yAr+°ry on a monthly or bi- annual basis. The following additional criteria apply: Page 8 of 15 (1) Customers receiving this service are limited to one (1) container. (2) Customers will be subject to all automated guidelines except placing container at curb. (3) All materials placed in containers for collection must be bagged. (4) Bags shall weigh no more than thirty (30) lbs. (5) This service is not available for bulk and brush collection. (6) A nonrefundable application fee in the amount of twenty dollars ($20.00) shall be made in advance together with proper application forms from the solid waste division of general services. (e) Commercial collection. The county shall provide free, weekly, curbside collection of garbage to licensed commercial establishments (including churches and church -run daycares), generating not more than three (3) county provided automated containers per week. This service will be provided by application only through the office of general services. The county will not provide collection to any apartment office, or retail complexes of more than five (5) commercial establishments or to mobile home parks of any size. The county will provide licensed commercial establishments one container at no cost; the commercial establishment may purchase two (2) additional containers. Commercial establishments generating over three hundred (300) gallons of refuse per week are required to secure private collection. The following conditions apply to commercial collection: (1) Commercial customers within the automated service area will be subject to the rules pertaining to standard automated collection and all county solid waste rules. (2) Bulk brush or bagged leaf collection is not available to commercial customers. Page 9 of 15 (f) Nonresident collection. The county may, at its option, provide weekly garbage collection to nearby, non - county residents upon application and approval. A monthly fee of twenty dollars ($20.00) will be required. These customers are allowed only one (1) container and they will be required to pay a monthly rental fee of one dollar ($1.00) for the use of the container. Non - county residents are not eligible for bulk brush collection. (g) Condominium and townhouse development collection. The county shall provide once weekly pickup by an automated vehicle to residential customers residing in owner- occupied condominium and townhouse developments. The method of collection shall be consistent with the collection service received by other residential customers. (h) General. Debris waste will not be collected under any circumstances. (1) Mixed or contaminated loads, e.g. bulk intermingled with brush, will not be collected. (2) Solid waste contaminated with hazardous wastes will not be collected nor handled by county personnel. (Ord. No. 62888- 13(A], §§ 1, 2, 6- 28 -88; Ord. No. 72694 -4, § 1, 7- 26 -94; Ord. 012704 -3, § 1, 1- 27 -04; Ord. No. 101408 -2 § 1, 10- 14 -08) Sec. 20 -25. - Supplemental collection service. (a) Brush collection. The county provides free brush collection every other week to residential customers. Brush or other yard waste collection service will not be provided to commercial or non - county residential customers. It will be the responsibility of premium and physically - challenged customers to place any brush items at the curb for collection. Brush must be placed as close as possible to the curb line or road (at a minimum within five (5) feet) and five (5) feet away from any horizontal obstruction and have overhead clearance, such that the operation of the equipment is not impaired or restricted. Such placement shall be made no earlier Page 10 of 15 than the Saturday preceding the scheduled collection and no later than 7:00 a.m. of the day scheduled collection date. (1) Brush resulting from normal property maintenance, may not exceed six (6) feet in length or twelve (12) inches in diameter. Tree stumps less than one (1) foot in width must be free of all dirt, grass, clumps etc., in order to be collected by county personnel. Stumps must be placed manually at the curb in order to be collected. Debris waste will not be collected pursuant to this section. The cuttings, limbs, and stumps must be placed in a pile not to exceed six (6) by six (6) by six (6) feet in size. (2) Brush cuttings and tree limbs resulting from commercial tree trimming operations (contractor /commercial waste) will not be collected. (3) Brush resulting from land - clearing will not be collected. (b) Yard waste. Residential customers may place small quantities of bagged yard waste in their county - provided containers on their regularly - scheduled collection day. Excess quantities of yard waste must be placed in disposable containers, to include but not be limited to, plastic or paper bags and adjacent to the road or curb line for scheduled bulk collection. The disposable containers must be of substantial construction and shall not weigh more than fi thirty (30) pounds when full. The containerized clippings must be separate from any other bulk or brush items set out for collection. (c) Seasonal collections. For asix -week period, usually beginning with the first Monday in November, bagged leaves will be collected on a schedule to be set by the director of general services. The service is not offered during the week of Thanksgiving. The county will not provide vacuum service for the collection of leaves. (1) Leaves must be placed in sturdy, tied, plastic bags within five (5) feet of curb and may not exceed thirty (30) �} pounds per bag. Page 11 of 15 (2) Christmas trees will be collected separately from other yard waste during a one -week period in January. Trees must be placed within five (5) feet of the curb with all decorations removed so they may be safely mulched. Notice will be provided as to exact collection dates for these services. (d) General. Materials resulting from land - clearing operations or commercial yard waste management operations will not be collected pursuant to this section. It will be the responsibility of the contractor or owner to properly dispose of any such materials. (e) Bulk collection. The county provides free collection of bulk items every other week to residential customers. Bulk collection service will not be provided to any commercial customers. It will be the responsibility of premium and backyard service customers to place any bulk items adjacent to the qualified road or curb line for collection. The bulk items must be placed as close as possible to the curb line or road (at a minimum within five (5) feet) and five (5) feet away from any obstruction. The items must be completely clear of any overhanging wires or branches, in order to be collected. Such placement shall be made no earlier than the Saturday preceding scheduled collection and no later than 7:00 a.m. the day of collection. (1) Reserved. (2) Residential customers can place no more than a pickup truck size load of bulk for pickup. If it is necessary for the materials to be containerized, the container must be of a disposable nature. (3) Bulk items include materials resulting from normal household activity, including but not limited to, items such as appliances, furniture, four (4) unmounted tires, four (4) pallets, bicycles, swing sets (disassembled), lawn furniture, and cardboard moving boxes or other trash resulting from moving and small amounts of homeowner generated building materials. Page 12 of 15 (4) Any construction /demolition waste set out for collection must be less than three (3) feet in length (wood, boards, pipes, plaster board etc.), weigh less than thirty (30) �A} pounds per piece and be no more than a pickup truck load in total. Material deemed likely to be blown around shall be containerized by some means. The resulting container can weigh no more than thirty (30) fift%ly (5C� lbs. The material cannot have resulted from contracted work. Concrete and roofing shingles will not be collected by county personnel. (5) Any material that may be wind blown must be bagged. Any glass items, such as mirrors, windows or shower doors, must be taped and bagged. (6) Latex paint may be placed out for bulk collection after it has completely solidified. (7) Excluded items: All prohibited waste, such as concrete, asphalt, pavement, roofing shingles or tiles, dirt, mulch, rock, debris waste, hazardous materials, animal carcasses, automobile parts, propane tanks and riding lawnmowers will be the responsibility of the owner or contractor to properly dispose of. (f) Additional disposal services. County residential customers are entitled to the use of a fourteen -foot trailer �froolnr rJ or!� at nn nhprrro on a "first come, first serve" basis for a fee. The fee schedule shall be in accordance with rules and regulations promulgated by the county administrator or his designee. The froo1np J o r trailer must be scheduled in advance and is to be used during spring cleaning, basement or attic cleaning, or major yard work projects. Use of the trailer froolnrrJor is also governed by the following criteria: (1) (2) Materials may only be hand loaded (not mechanically) onto the trailer. Page 13 of 15 (3) Total amount of material on the trailer may weigh no more than 10,000 lbs. (4) Small items or any material susceptible to wind must be containerized in some manner, such as bags or boxes. (5) The trailer will be delivered only to occupied residential homes. Homes currently under construction are not eligible to receive the freeloader. The trailer fr°°I^arl °r will only be delivered to a safe and easily accessible location determined by solid waste staff. (6) The resident must be home to accept delivery of the trailer n,l°r to sign a release liability form. (7) No hazardous materials or debris waste or shall be placed in trailer (8) Permissible items include 4 un- mounted tires,brush, bulk, small amounts of homeowner generated building materials and yard waste pursuant to section 20 -1 (9) Prior to removal the loads will be inspected and the resident will be required to remove non - approved materials. The load may be dumped back on the property if it is deemed unacceptable due to type or volume of material. (g) County residents may take pick -up truck loads of bulk items and brush originating from their residence to the Tinker Creek Transfer Station free of charge. The number of such loads permitted without charge, and other rules and regulations pertaining to removal and disposal of bulk items and brush at the Tinker Creek Transfer Station, shall be in accordance with rules and regulations promulgated by the county administrator or his designee. In special circumstances upon request, the county administrator or his designee may issue special dump permits for the disposal of bulk items and brush at the transfer station in addition to the number of loads generally permitted for county residents. Page 14 of 15 (Ord. No. 62888- 13[A], §§ 1, 2, 6- 28 -88; Ord. No. 72694 -4, § 1 7- 26 -94; Ord. 012704 -3, § 1, 1- 27 -04; Ord. No. 101408 -2 § 1, 10- 14 -08) Sec. 20 -26. - Penalties. Any violation of the provisions of article II shall be punishable as a class 3 misdemeanor. In addition, collection service by the county may be discontinued until the violation is abated or corrected. (Ord. No. 012704 -3, § 1, 1- 27 -04) Sec. 20 -27. - Reserved. Editor's note— Ord. No. 72694 -4, § 1, adopted July 26, 1994, deleted, in effect repealed, § 20 -27, which pertained to special collection of excluded items and derived from Ord. No. 2177, adopted Nov. 14, 1978. Secs. 20-28-20-39. - Reserved 2. That this ordinance shall be in full force and effect from and after its passage. Page 15 of 15 ACTION NO. ITEM NO. 1.1 -5 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 24, 2012 Appointments to Committees, Commissions and Boards Deborah C. Jacks Clerk to the Board B. Clayton Goodman III County Administrator (T� COUNTY ADMINIsTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Board of Zoning Appeals (appointed by District) After serving 35 years, Carlton Wright has advised he does not wish to be re- appointed. His term expired June 30, 2012. Mr. Wright represented the Hollins District. Supervisor Charlotte Moore has recommended the appointment of Barry Beckner to represent the Cave Spring District for the unexpired term of Kevin Barnes, who has accepted a job out of State. This term expires June 30, 2014. Confirmation of this appointment has been placed on the Consent Agenda. 2. Capital Improvement Program (CIP) Review Committee (appointed by District) The following one -year term expired on August 31, 2011: a) James M. Chewning representing the Vinton Magisterial District 3. Parks, Recreation and Tourism Advisory commission (appointed by District) The three -year term of Roger L. Falls who represents the Vinton District expired on June 30, 2012. Page 1 of 2 4. Social Services Advisory Board (appointed by District) The four -year term of Janet Green, Windsor Hills Magisterial District, will expire July 31 2012. Ms. Green is not eligible for reappointment as she has served two consecutive terms. The four -year term of Charles Wertalik, Vinton Magisterial District, will expire July 31, 2012. Mr. Wertalik has moved from the Vinton Magisterial District and therefore cannot be reappointed. 5. Total Action Against Poverty (TAP) Board of Directors (Designee of Richard C. Flora) The two -year term of Thomas A. Rotenberry, who is the designee of Richard Flora, expired on May 5, 2012. Mr. Rotenberry has advised he does not wish to be appointed to an additional term. Page 2 of 2 i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 24 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for July 24, 2012 designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6 inclusive, as follows: 1. Approval of Minutes — June 12, 2012; June 26, 2012 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Pamela G. Martin, Police Records Supervisor, upon her retirement after more than twelve (12) years of service 3. Confirmation of appointment to the Board of Zoning Appeals (appointed by District); Western Virginia Regional Jail Authority 4. Resolution amending Resolution 102610 -5 appointing the Authority Board Members for the South Peak Development Authority 5. Request to accept and appropriate funds in the amount of $5,000 to the Roanoke County Public Schools for the Roanoke County Governor's Science, Technology, Engineering and Math (STEM) Academy 6. Request to accept and appropriate Virginia Office of Emergency Medical Services fifty percent (50 %) matching grant (WV- C07/06 -12) in the amount of $14,827 for the purchase of a Mechanical CPR Device for use on cardiac arrest patients Page 1of1 ACTION No. ITEM No. J -2 AT A REGULAR MEETING of THE BOARD of SUPERVISORS of ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING [SATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: July 24, 2012 Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Pamela G. Martin, Police Records Supervisor, upon her retirement after more than twelve (12) years of service Deborah C. Jacks Clerk to the Board B. Clayton Goodman III County Administrator �' COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY of INFORMATION: Pamela G. Martin, Police Records Supervisors, retired on June 30, 2012, after more than twelve (12) years of Service. STAFF RECOMMENDAOnON: Staff recommends adoption of the attached resolution. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 24 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO PAMELA G. MARTIN, POLICE RECORDS SUPERVISOR, UPON HER RETIREMENT AFTER MORE THAN TWELVE (12) YEARS OF SERVICE WHEREAS, Pamela G. Martin was hired on November 22, 1999, as a Police Records Supervisor during her tenure with Roanoke County; and WHEREAS, Ms. Martin retired on June 30, 2012, after twelve (12) years and six (6) months of devoted, faithful and expert service with the County; and WHEREAS, during her time serving Roanoke County, Ms. Martin performed a crucial role in the development and implementation of paperless storage, for all criminal investigation reports; and WHEREAS, during her time serving Roanoke County, Ms. Martin was responsible for the receipt, processing and reporting of all criminal investigation and traffic reports originating from events within the County of Roanoke; and WHEREAS, the critical task for reporting accurate and timely criminal activity information to the FBI Uniform Crime Reports was performed in an outstanding and comprehensive manner; and WHEREAS, Ms. Martin went above and beyond in her efforts to recognize her staff within the Records Unit by having frequent events to foster team work; and WHEREAS, Ms. Martin extended her teamwork efforts and relationship building endeavors by inviting other segments of the department to join the Records Unit in their events; and WHEREAS, Ms. Martin was known for her leadership, unwavering energy, relentless Page 1 of 2 tenacity, outstanding performance and faithful service with the County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does express its deepest appreciation and the appreciation of the citizens of Roanoke County to PAMELA G. MARTIN for twelve (12) years and six (6) months 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. Page 2 of 2 ACTION NO. ITEM NO. J -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 24, 2012 AGENDA ITEM: Confirmation of appointments to the Board of Zoning Appeals (appointed by District );Western Virginia Regional Jail Authority 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 Charlotte Moore has recommended the appointment of Barry Beckner to represent the Cave Spring District for the unexpired term of Kevin Barnes, who has accepted a job out of State. This term expires June 30, 2014. Confirmation of this appointment has been placed on the Consent Agenda. 2. Western Virginia Regional Jail Authority During the Closed Session of the Board of Supervisors on June 25, 2012, the Board was notified Diane D. Hyatt would be retiring. It was the consensus of the Board to recommend the appointment of Rebecca Owens, effective August 1, 2012, to complete the unexpired term of Ms. Hyatt. - this term will expire on December 31, 2012. Page 1 of 1 ACTION NO. ITEM NO. J -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 24, 2012 AGENDA ITEM: Resolution amending Resolution 102610 -5 appointing the authority board members for the South Peak Community Development Authority SUBMITTED BY: Deborah C. Jacks Clerk to the Board of Supervisors APPROVED BY: B. Clayton Goodman III County Administrator %QT COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On October 26, 2010, the Board of Supervisors appointed five individuals to serve on the Board of Directors for the South Peak Community Development Authority. One of the appointees is Diane D. Hyatt, who was appointed for a four (4) year term expiring on October 25, 2014. Ms. Hyatt has indicated she will withdraw from this Board due to her retirement. In closed session on June 26, 2012, the Board considered an appointment to fill Ms. Hyatt's vacancy effective August 1, 2012. The attached resolution appoints Rebecca Owens to serve the remainder of Ms. HyatYs four (4) year term of office. STAFF RECOMMENDATION: It is recommended that the Board adopt the attached resolution. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, JULY 24 2012 RESOLUTION AMENDING RESOLUTION 102610 -5 APPOINTING THE AUTHORITY BOARD MEMBERS FOR THE SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY WHEREAS, Resolution 102610 -5 adopted by the Board of Supervisors on October 26, 2010, appointed five individuals to serve on the authority board for the South Peak Community Development Authority; and WHEREAS, since the appointment one of the appointees, Diane D. Hyatt, will retire from her position at Roanoke County and has indicated she will withdraw from serving on this board; and WHEREAS, the Board of Supervisors may remove at any time, without cause, any member appointed by it and may appoint a successor member to fill the unexpired portion of the removed member's term. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County that this Board hereby appoints the following member to the South Peak Community Development Authority effective August 1, 2012, to replace Diane D. Hyatt for the remainder of a four (4) year term expiring on October 25, 2014: Rebecca Owens BE IT FURTHER resolved that the Clerk to the Board be, and hereby is, directed to send a copy of this resolution to the individual named herein and the other members of the South Peak Community Development Authority. Page 1 of 1 ACTION NO. ITEM NCB. J -5 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 24, 2012 Request to accept and appropriate funds in the amount of $5,139 to the Roanoke County Public Schools for the Roanoke County Governor's Science, Technology, Engineering and Math (STEM) Academy Brenda Chastain Clerk to the Roanoke County Schaal Board B. Clayton Goodman III County Administrator'l�� COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY of INFORMATION: The planning committee for the Roanoke County Governor's Science, Technology, Engineering, and Math (STEM) Academy at The Burton Center for Arts and Technology (BOAT) successfully submitted an application to the State Board of Education. At the May 24 state board meeting, the planning committee's proposal was approved and the school division was awarded a $5,000 one -time grant to be used for the new academy. The planning committee elected to support the upgrade of the Mass Communications lab at BOAT, which is one (1) of four (4) official segments of the Governor's STEM Academy at BOAT. This is a transfer request retroactive to the 2011 -2012 fiscal year. FISCAL IMPACT: The Instructional Budget will be increased by $5,000. STAFF RECOMMENDATION: Roanoke County Schools requests that $5,000 be appropriated to the instructional program. Page 1 of 1 ACTION NO. ITEM NO. J -0 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 24, 2012 Request to accept and appropriate Virginia Office of Emergency Medical Services fifty percent (50 %) matching grant (WV- C07/06 -12) in the amount of $14,827 for the purchase of a Mechanical CPR Device for use on cardiac arrest patients Richard E. Burch, Jr. Chief of Fire and Rescue B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Department of Health, Office of Emergency Medical Services, has awarded the Fire and Rescue Department a fifty percent (50 %) matching grant #WV- C06112 -11 totaling $14,527 for one (1) Mechanical CPR Device for use on cardiac arrest patients. - the Virginia Department of Health will fund fifty percent (50 %) of the purchase amount which equates to $7,413.50. The remaining $7,413.50 will be funded by Fire and Rescue's existing budget in 457100 -0040. The purchase of this new equipment will not only provide consistent, constant CPR during patient transport but also reduces the risk to responders by allowing them to remain seat belted during the transport. FISCAL I M PACT: The total amount of the purchase is $14,827 and the department has already budgeted for the match of $7,413.50 out of the existing 487100 -6040 budget. Page 1 of 2 ALTERNATIVES: Without the acceptance and appropriation of this grant, the department will not be able to purchase the equipment. STAFF RECOMMENDA'riON: Staff recommends the acceptance and appropriation of the grant funds in the amount of $7,413.50 and matching funds in - the amount of $7,413.50 into the Fire and Rescue Department's budget. The total amount of the equipment purchase is $14,827. Page 2 of 2 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Unaudited balance at June 30, 2012 Amount N -1 % of General Fund Revenue $ 20, 572, 318 10.67% * Balance at July 24, 2012 $ 20 10.70% ** Note: On December 21, 2004, the Board of Supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 2011 -12 -Goal of 11 % of General Fund Revenues 2011 -12 General Fund Revenues 11 % of General Fund Revenues ** 2012 -13 - Goal of 11 % of General Fund Revenues 2012 -13 General Fund Revenues 11 % of General Fund Revenues $192 $21,199, 304 $192 $21 The Unappropriated Fund Balance of the County is currently maintained at 10.70 %. 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 au*r N -2 COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capita! Reserve (Projects not in the CIP, architectural /engineering services, and other one -time expenditures.) Unaudited balance at June 30, 2012 Balance at July 24, 2012 Major County Capital Reserve Amount $1 $1,674,126.06 (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Unaudited balance at June 30, 2012 Submitted By Approved By Balance at July 24, 2012 Rebecca E. ]wens Director of Finance B. Clayton Goodman III County Administrator WTV' $938 $938,161.00 N -3 RESERVE FOR BOARD COWINGENCY COUNTY OF ROANOKE, VIRGINIA From 2012 -13 Original Budget June 26, 2012 Appropriation for Legislative Liaison Balance at July 24, 2012 Submitted By Rebecca E. Owens Director of Finance Amount $ 100,000.00 (32,400.00) $ 67,600.00 Approved By B. Clayton Goodman III County Administrator Z"�" ACTION NO. ITEM NUMBER N -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, MEETING DATE: July 24, 2912 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of June 39, 2912. SUMMARY OF INFORMATION: CASH I NVESTM ENT: SUNTRUST CON 14 14 GOVERNMENT: SMITH BARNEY CONTRA 39,897.63 SMITH BARNEY 39 WELLS FARGO 19 WELLS FARGO CONTRA 9 58,067,066.67 LOCAL GOV'T INVESTMENT POOL: 3,199,204.66 48,732,892.96 GENERAL OPERATION 17 17,127,819.97 CD: BRANCH BANKING & TRUST 4 4 MONEY MARKET: BRANCH BANKING & TRUST 1 58.54 MORGAN STANLEY - JAIL 1 SMITH BARNEY 40,313,999-83 STELLAR ONE 3 WELLS FARGO 3,199,204.66 48,732,892.96 TOTAL 142,255,670.41 07/24/2012 ACTION NO. ITEM NO. N -5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 24, 2912 AGENDA ITEM: Accounts Paid —June 2912 SUBMITTED BY: Rebecca E. Owens Director of Finance APPROVED BY: B. Clayton Goodman III County Administrator `4t"*r COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors $ - $ - $ 8 Payroll 88/88/12 1,144, 798.71 185, 288.88 1, 249, 991.59 Payroll 88/22/12 1 1 25,411.85 1 Manual Checks - 499.77 499.77 Grand Total $ 9 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. ACTION NO. ITEM NO. 0 -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 10, 2012 AGENDA ITEM: Work session to review the Fire and Rescue Department Volunteer Incentive Program (VIP) proposed change SUBMITTED BY: Woody Henderson Volunteer Chief APPROVED BY: B. Clayton Goodman III County Administrator KT'S COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County Fire and Rescue Department's VIP program was established in January of 2088 as a way to reward fire and rescue volunteers for meeting minimum service criteria. The program has an annual budget of $150,000 with a payout maximum of $500 per volunteer per year. This program has an agreed upon procedure performed by an outside auditor each program year. After completing a review of the program, it was found that a number of volunteers had met the minimum service criteria of earning at least eighty (80) points in a calendar year, but had not answered any fire or rescue calls and in some cases had not covered any duty shifts. In early 2010, County Administration requested that the VIP Board of Trustees review the program and implement measures to ensure VIP eligible volunteers are covering a reasonable amount of calls for their station. The VIP Board spent several meetings and many hours discussing possible changes that would enhance the program and require volunteers to answer an appropriate amount of calls in order to become eligible for the program's payout. During a work session held on September 28, 2010, The VIP Board presented their proposal of a pre - qualifying criterion that would require volunteers to answer ten percent (10%) of the calls dispatched to their station during volunteer hours. Although the VIP Page 1 of 2 Board of Trustees was in full support of the proposal, there was one rescue chief (of a high call volume station) who spoke out at the work session who was not in support. At that time, the Board of Supervisors asked the VIP to take another look at a more equitable proposal. Mr. B. Clayton Goodman III then met with the VIP Board of Trustees and suggested that the 2011 VIP year be looked at as a "trial" year to see if the above proposal would work for all the organizations and to then review the results in 2012. The VIP Board has now reviewed the 2011 "trial" year and altered their original proposal to be fairer for the variety of call volume stations that the County includes. The VIP Board of Trustees is now proposing the following for the 2013 VIP year. A volunteer member is required to answer ten percent (1096) of the total calls dispatched to their station during volunteer hours as a pre - qualifier for the VIP program, unless they are a member of a "high call volume" station (defined by dispatched calls during volunteer hours totaling more than one thousand (1000) calls per calendar year). volunteers who are members of "high call volume "stations are required to answer three percent (396) of the total calls dispatched to their station during volunteer hours. Al station's total calls are figured based on calls dispatched to their station during volunteer hours, however they may count calls answered during any time of the day. This proposal was presented at the June 2012 Chief's meeting. To mitigate some of the concerns of the volunteer chiefs at the meeting, the VIP board will look at any large variability in call volume from year to year, either in a positive or negative direction, to see if the required percentages need to be adjusted. Members of - the LOSAPNIP Board will review this proposal of information during the work session. Page 2 of 2 ACTION NO. ITEM NO. 0-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 24, 2012 AGENDA ITEM: Work session on the Transient Occupancy Tax and the Roanoke Valley Convention and Visitors Bureau (CVB) SUBMITTED BY: B. Clayton Goodman, III County Administrator APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S ADMINISTRATOR'S COMMENTS: At its December 13, 2011 meeting, the Board of Supervisors (BoS) authorized the County Attorney to include in its 2012 Legislative Package a request for the General Assembly to grant to Roanoke County permission to increase its transient occupancy tax up to seven percent (7 %). The proceeds from this increase two percent (2 %) would be used to help fund an expanded marketing program to be conducted by the CVB. The goal is to increase the County's transient occupancy tax rate from five percent (5 %) to seven percent (7 %) and to more closely align with proposed increases at the Cities of Roanoke and Salem which are presently at seven percent (7%) and upon action by the County would consider increasing their transient occupancy tax rate to eight percent (8 %). The BoS must adopt a local ordinance to implement this legislation. In order to allow hotels and motels time to upgrade their billing systems to incorporate any proposed tax increase, it is recommended that this ordinance be made effective January 1, 2013. SUMMARY OF INFORMATION: The 2012 General Assembly authorized the Roanoke County Board of Supervisors to increase its Transient Occupancy Tax up to an additional two percent (2 %). Currently, the County is authorized to charge five percent (5 %) to a hotel /motel stay. The General Assembly conveyed to Roanoke County the authority to impose a total transient occupancy tax not to exceed seven percent of the amount of the charge for the occupancy of any room or space occupied or for the occupancy of any overnight guest room. It does not apply to rooms or spaces rented and continuously occupied by the same individual or same group of individuals for thirty (30) or more days. The revenue generated and collected from the two percent (2 %) tax rate increase shall be Page 1 of 3 designated and expended solely for advertising the region and to be paid to the Roanoke Valley CVB. The actual adopted bill reads as follows: Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding a section numbered 58.1- 3819.1 as follows: § 58.1- 3879.1 Transient occupancy tax; Roanoke County. 1. Notwithstanding any other provision of law, general or special, and in lieu of any authority to impose a transient occupancy tax in any other provision of law, general or special, Roanoke County may impose a total transient occupancy tax not to exceed seven percent of the amount of the charge for the occupancy of any room or space occupied or for the occupancy of any overnight guest room. The tax imposed hereunder shall not apply to rooms or spaces rented and continuously occupied by the same individual or same group of individuals for 30 or more days. 2. The revenue generated and collected from the two percent tax rate increase shall be designated and expended solely for advertising the Roanoke metropolitan area as an overnight tourist destination by members of the Roanoke Valley Convention and Visitors Bureau. Forpurposes of this subsection, "advertising the Roanoke metropolitan area as an overnight tourism destination" means advertising that is intended to attract visitors from a sufficient distance so as to require an overnight stay. Currently, the County's transient occupancy tax rate is five percent (5 %). It generates (fiscal year 2013) approximately $700,000 annually. The total amount of tax generated is based on occupancy at the County's hotels /motels and has been nigher in past years. FISCAL IMPACT: The County collects (fiscal year 2013 budgeted revenue) $700,000 at a five percent (5 %) occupancy tax. Based on current occupancy rates in County hotels /motels, the County receives approximately $140,000 for each percent charged. Increasing the occupancy tax to seven percent (7 %) would generate an additional $280,000 to be appropriated to the CVB. As the occupancy tax increases or declines, the CVB would receive the full two percent (2 %). In addition to the two percent (2 %), the County would provide an additional one percent (1 %) of the transient occupancy rate for a total of three percent (3 %) to be paid to the CVB. The Cities of Roanoke and Salem have agreed to provide two (2 %) percent of their existing seven percent (7 %) transient occupancy tax and will consider increasing their respective occupancy tax from seven percent (7 %) to eight percent (8 %). The total to be paid by the two Cities directly to the CVB would be three percent (3 %). The County would also agree to provide up to three percent. Page 2 of 3 ALTERNATIVES: Alternative 1 would be to take no action. The transient occupancy tax rate would stay at five percent (5 %). Alternative 2 would be to authorize at its August 14, 2012, the first reading of an ordinance increasing the County's transient occupancy tax rate up to seven percent (7 %) This is the total amount authorized by the General Assembly. At the appropriate public hearing to be scheduled for August 28, 2012, the BoS could decide at that time after receiving public input, whether to increase the transient occupancy tax rate to seven percent (7 %) or not. �rl - iis increase would be effective January 1, 2013. STAFF RECOMMENDATION: Staff recommends alternative 2. Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 24 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 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 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. Page 1of1 ACTION NO. ITEM NO. R -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEE "SING DATE: July 24, 2012 AGENDA ITEM: Briefing on the Commonwealth of Virginia, Department of Taxation, Review of Sales Price Data and Assessment Quality Report for Roanoke County SUBMITTED BY: B. Clayton Goodman III County Administrator APPROVED BY: B. Clayton Goodman III Count y Administrator Z�4 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for County Administrator, B. Clayton Goodman III to provide a briefing on the Commonwealth of Virginia, Department of Taxation, Review of Sales Price Data and Assessment Quality Report for Roanoke County. Page 1 of 1 • • -all 1 C 1 'Roanoke County R, eport Review of Sale Price Data & Assessment Qualit July 2012 JF C 0 MMON WE - A L TH of� VIR G INI A ff&m= Jul 17., 2012 Mr. Cla Goodman Count Admi_nistrator Count of Roanoke 5204 Bemard Drive "I *�t; n Roanoke, V iru-a 24018 )LO On Ma 24, 2012, Roanoke, Count re assistance frOLM the Department of Taxation 'With respect to issues related to the reliabilit of sales data on the Roanoke Count website, the re I labilit of sales data utilized 'In the real estate reassessment process, and the perception amon soine in the Count that real estate assessment values are inflatcd. In response to the re Tax Commissioner Crai Bums sent a ReviewTearn comprised of Nick Mom's, Propert Tax Mana Jason Hu Senior Propert Appraisal Consultant, and Ja Doshl, Director, Special Taxes and Services to Roanoke Count The purpose of the visit was to review the Roanoke Cowit assessment process and data and to determine if the Count Real Estate Valuation Department is performm* its duties accuratel and in accordance with'V' orinia law. The Department performed. a limited review consistin of an anal of 3 1 Lrg examples of sale price data fo r 201 and. 9,397 sales previousl submitted for the 2004-201 Assessment Ratio Studies. On June 5 and 6, 2012. the Review Team met %vith pertinent Count officials and staff, and I nclosed g athered information concemin the data and processes m* q uestion. is our report describm' our findin and conclus,lons. We appreciate the time and the p~ era of Roanoke Count officials Nvith, our review. 4 Mr. Clav Goodman 0 Jul 17,2012 Pa 2 Should y ou have q uesti* ons co ncerm'n the report, or y ou fi nd th at we c an b e of further assistance. please feel welcome to contact us. Sincerel Nicholas Q. Morris I Propert Tax Mana Special Taxes and Services Q. Contents Summar of1 t of Taxation Review and Findin Scope of the Department of Taxation Review Issue # 1: Reliabilit of Sales Data on WebPro, the Count s Web.sitc Issue 92: Reliabilit of Sales Data in the Real Estate Assessment Process, Assess Pro Issue #3.: Perception amon Some in the Count that Real Estate Assessment Values are it flated Appendix A. Count Samples B. Review Team Worksheet C. § 58.1-801 Code o Vir D. Deed-Recordation Fees Sample E. Deed - Consideration and Assessed Value Sample F. § 58.1-802 Code q f Vir G. AssessPro Propert Record Sample H. AssessPro Assessment Ratio Report Sample L § 58.1-207 Code o f Vir J. Non-Qualified Sales K. Persons Interviewed for this Report in alphabetical OTder FAI 0" qb S ummar of Department of Taxation Review, and Findin On Ma 24, 2012, Roanoke Count re assistance from the Department of Taxation with respect to issues related to: 1. The reliabilit of sales data on the Roanoke Count ( "Count y "' ebsite. Web?ro; 2. The reliabilit of sales data utilized in the real estate reassessment process: and The perception. amon some in the Count that real estLitc assessment values are mated On J an e 5 Z!Ind 6. 27 0 12, the Department of Taxation Rexy I ew Team net N%I*th periffient Count officials and staff. and g athered information concernin the data and processes in q uestion. The Review Team found.: 1. Them are instances M' the %\ - e Pro s where the amount reported to be the sale price for a propert is not the actual sate price for that propertv. -rhe Count reporied that it is aware of this imue, and is prepared to chan the procedures for future sale price entries to WebPro and other Count s The Count also reported that it has a computer pro read to correct those records fat currentl have an inaccurate We price amount. 2,. The Roanoke Count Real Estate Valuation Department reported that it has been aware of the process that resulted in instances of'm'correct sate price data in the Count s and had developed a workaround to assure that correct sale price data is bein used in the asseSSrment process. The Count Administrator nistructed the Director of Real Estate Valuation to not, chan the existin process for entefin sale data 'in to the Count s until the full ma of issues in the assessment pro cessis reviewed b the State De of Taxation. An an�il ors is of recent lkpartment of Taxafion Assessment Ratio Studi*es does not support the reported l icrception that real estate assessment values are inflated. To the contrar recent assessment levels have been below the tar I 00% of fair market value, and in some y ears, below the lower-ran standard of 90% established b the International Association. of Assessin Officers. Critical measures of uniformit and e have been exceptionall g ood md,icatin a fair and e di StTibution of the real estate tax burden. Furthennore, the Review Team found that for the issues reviewed,,,,, Roanoke Count is in compliance with the, Constitution of Vir and with the applicable provisions of the Code of V,i r la. 0 Scope of the Department of Taxation Review The Department of Taxation Review Team's review included the followin 1 Data and processes related to sales reported on WebPro, Roanoke Count Internet accessible real propert public information s 2 Data and processes related to sales utilized b the real estate assessment office when developin assessment values; 3 Overall q ualit y f the assessments developed b the Roanoke Count Real Estate Valuation Department. The review of sale data is limited to the sales and records of the 31 properties provided to the Review Team b the Count in an Excel spreadsheet (Count Samples, see Appendix A The majon't of these sales were ori subrvdtted to the Count b a concerned crtizen. and is, offered as a sample of the data issues. A modified version of the Count spreadsheet is used to provide a means of identif recorded data at different points in the reportin prosess ( Devi w ' Beam Worksheet, see Appendix B). Tbe Review Team met or spoke with Countv officials, staff, and others in order to better W understand the issues and to be instructed in the processes utilized in the recordin and reportin of sales data in the Count s or to test data (Persons Interviewed for this Report in alphabetical order, see Appendix K). The Review Team g athered supportin documents related to the recordin and reportin of sales data in the County % s s Coun Samples - Listin of 31 Properties provided b Roanoke Count Copies of Deeds Copies of WebPro records Copies of AssessPro records Copies of AssessPro reports Coples of Real Estate Tax bills Department of 'raxation Assessment Ratio Studies 2004 — 20 1, 0 The Constitution of Vir the Code of Vir and court rulin were reviewed for applicable laws and rulin and for compliance b the Count with such laws and rulin With the necessar information g athered, the Review Team was to prepare and submit a report to the Count of its findin and conclusions as to the Count adherence to the statutes of Vir the accurac of the q uestioned data, the correctness of the q uestioned processes, and the overall q ualit y of Roanoke Count real estate assessments. Issue 41: The Accurac of Sales Data on WebPro, the Count Website Web,Pro 'is the Roanoke Count website-based, public access, realpTopert information s It was reported to the Review Team, that the, WebPro s as in service in Ma 201 Recentl the Count received notice ftom a local ra estate broker, who throu independent reseawh, found that sale pn'ces recorded on the WebPro s were in some instances incorrect. The broker provided the Count approxftnatel 30 examples. In order to ven'� sale price data in the Web Pro s the Review Team proceeded to identif the process that results to a sake price bein posted to WebPro For the Count the process be in the office of the Clerk of the Circuit � ourt. The Code of Vir § 58. 1 -80 1, ( see Appendix C ) re re s that the Clerk of the C ircuit Court use the consideration of the, deed ( the actual sale price or the actual value of the propert conve whichever is g reatcr. when calculat deed recordation fees. For such purpose. the actual value lit a propert is tvp1c all y interpreted to be the assessed value. The Clerk of the Circuit Court cod that this is the procedure used, with the amount rounded to the nearest S . The deed is stam-ped, on the last pa Nviththe State and Local recordation fees ( Deed- Recordation Fees Sample, see Appendix D When the sale price and/or the assessed value are not shown on the first pa of the deed, the arnount of the fees assessed can used to calculate, the amount upon which the are based., which in most cases is the sale pfice. For all the sales in the sample used for the review, the consideration ( sale p ) and the assessed value are recorded on the first, pa of the deeds (Deed-Consideration and Assessed Value Sample, see Appendix E Be Jul 1. 2012, the Code of Vir § 58.1-802, is amended to re the amount of the considerafion be stated on the first pa of the document to be admitted to record ( see Appendix F). Electronic data from the Vir Supreme Court s and copies of deeds are made available to the office of the Commissioner of the Reve .nu el, where the transfers are recorded to the Count s The amount used b the Clerk of the Circuit Court for calculatin the recordation fee has been the basis for the sale price entered into the Count s This process has been in place for a number of y ears. However, with the recent drop in sale prices, more instan, ces of The assessed value bein used to calculate recordation fees h.-ilv-e occurred.. With. the implementation of the WebPro s these occurrences, have come more apparent to the g eneral public. For the Count Samp�les provided, the Review Team found in ever instance where the assessed value is hi than the consideration, the assessed value is entered in the sale price field of WebPro (see Review Team Work-sheet, see Appendix B),, 7 6 Conclusiow It can be inferred from an understandin of the process followed, and from a review of the Count Samples provided, that M' all cases where the assessment valuc is. hi than the consideration, the assessment value is bein entered in the sale price field of Web Pro propert records. Althou it, can be ar that the process used for recordin transfers in the Count s ma not be wron for some purposes, x%ith the implementation of Weber . the public is rel on the data to be consistent,%ith g enerall y accepted definitions the ficld identifiers. The Count has reco this, and desires a c ge in the process Lloin for-ward-The Review Teal n has been told that the Count a computer process read to replace those occurrences ,.A-here the assessed value was entered in the Web Pro sale price field with the actual sale price. The Review Team recommends that chan be made to show correct sales price on Web Pro. Issue #2: Reliabilit of Sales Data in the Real Estate Assessment Process, AssessPro With reco of the Web Pro sale price issue, some propert owners have q uestioned the reliabilit of the sales data used in the assessment process. Sl*nce the hi of two values, -- the actual sale price or the assessed value - -is recorded in the Web Pro sale e n' ce field, some suspect that the hi g her amount in WebPro is the same sale price data the assessment office is usin to estimate new assessment values. Because of this, it, is assumed that some assessment values are bein inflated. In order to clarif this issue, the Review Team met with the Director of Real Estate Valuation ( the Director andmernbers of his staff to review the sale data used in the assessment process. The Review Team found that the assessment office had been. aware of the process used to enter sale data in to the Count s and had developed a workaround to ensure that the actual sale price is used for reassessment, purposes. For each propert in the Count Samples, the Review Team examined and collected a cop of the deed, a cop -of the Web Pro record for the propert and a cop of the Assess Pro propert record used b the assessment office (AssessPro Pro- P ert Record, see Appendix G AssessPro is the computer assisted assessment s used b the Roanoke Count assessment office. AssessPro has a field for the sale price. This field is populated from the entr made in the office of the Commissioner of the Revenue when transfers are processed. AssessPro also has a field identified as "adjusted sale price.'* The ad sale price field is used b the assessment office for the workaround L It is in this field that the correct sale price is recorded when an assessment N- al ue i s rec o rue a in the sale price field. For ever prope rt in the sample the actual sale pfice is in either the sale price field or in the adjusted sale price field. The Director creates reports for both -fields for further anal-N-sis- The Director provided a cop of the reports. %%,-hich verified that 8 the actual correct sales price is bein used for valuation anal (AssessPro Assessment Ratio Report, see Appendix H As an additional test of data inte the Review Team collected copies of the 201 tax bills for the Count Samples, and a comparison is made amon the assessed value when used b the Clerk of the Circuit Court the assessed value in the assessment office AssessPro s and the assessed value used for computin real estate tax bills (Review Team Worksheet, see Appendix B). A discrepanc for Count Samples Record #29 in the Assess Pro s is the result of a corrected assessment due to chan to the buildin that occurred after the propert sold, and a corrected tax bill was sent to the propert owner. All other examples in the Count Samples matched for the Clerk of the Circuit Court, the As,,se o s and for the tax bill. Conclusion. do The Review Team found that the assessment office has been aware of the sale price discrepanc that can occur in the Count s The Director is not authorized to alter the process used to enter sale price data to the Count systems as this data I*s entered b the Commissioner of Revenue and the data is supplied b the Clerk of the Circuit Court. All parties have a to a chan in the process so that the actual sale prices appear in the Count s s. The e P r o Y . s does allow the asses sment office to `%'work-arotmd"' the issue with a method to record the actual sale price in AssessPro, and to utilize the actual sale price in assessment valuation currentl Re it should be noted that errors can still occur. Most s can be, and t are subject to human error. In the C ounl Samples, the Review Team found that the Assess Pro record for Sale Propert #30 has a transposition error. The actual sale price of $117,450 was recorded in AssessPro as $11T, 240 (Review Team Worksheet, see Appendix 13). Issue #3: Perception amon some in the Count that Real Estate Assessment Values are inflated An issue related to 4 1 and #2, but erhaps separate., is an underlvm' perception, amon p WP 9 some in the Count that overall assessment values are inflated. It should be understood that the Vir c ourts have re oL-"Mzed that arse s sment i s n of an exact sci ence Assessment of propert is not an exact science. Soulhern R v. Commomvealth, 211 Va. 210, 176 S.E.2d 578 ( 1970 ) ,-, Ao�folk & W R �v, Commonwealth, 21 1 Va. 6-92, 179 S.E.2d ( 197 1 And have also reco that... Where it is impossible to secure both the standard of true market value mid the uniformit and e re red b the Constilution, the latter re i's to be preferred. But that does not mean that propert i n an taxin j uri sd ictio n ma be assessed m' excess of ai . itho ut re to 9 its fair market value as re b the Constitution. Fra v. Count of Culpeper, 212 Va- 148, 183 S.E.2d 175 ( 1971 ) . In order to determine the de of real estate assessment uniformit throu the Commonwealth, the General Assembl has mandated that the Tax Co rum ssioner shall, compute measures of central tendenc and dispersion in accordance With appropri ate standard statistical techni ( Code of Vir § 58.1-207, see Appendix 1 These measures, referred to as the Assessment Ratio Stud test the assessment levels and are performed annualiv In the Propert Tax Unit of the Department of Taxation. The results are published on tie Departrent of Taxation websit. For the results of the Stu to have meanj-n the must be compared to universall accepted standards. 'Me standards set bv the ln-temationa�l Association of Assessin Officers (1AA0), a M nonprofit, educational and research association., are the standards reco b the Commonwealth of Vir r The mission of 1AA0 is to promote innovation and excellence in propert appraisal. assessme admim'stration, and propert tax polic throu professional development. education, research, and technical assistance. 1AA0 members subscribe to a Code of Ethics and Standards of eN . It It Professional Conduct. and to the Uniform. manaaras of Professional Appraisal Practice- The IAAO has developed Technical 'Standards. that refl ect the official position of the or on matters related to assessment valuation and propert tax administration. One such T'echnical Standard is the Standard on Ratio S!tutfies. As, stated in the Siandara, for naedi.an ratios: While the theoreticall desired level of appraisal is 1.00, an appraisal level between 0.90 and 1.1 is considered acceptable for an class of propert For the coefficient of dispersion, the ran is from 5% to 25% dependin on the class of propert ( resident] al-commercial-industrial, etc) and the makeup of the market area ( rural-urban-older- newer, etc). For the Re Index, or Price Related Difierential. PRDs should be between 0.98 and 1.03. The basis for an Assessment Ratio Stud is an assessment ratio, which is simpl the assessed value of a propert divided b the sale pricefor that propert For example, if a propert is assessed at $95,000, and that propert sells for $90,000, the assessment ratio is 11 06% ( $95,000/590,000 = 1.056., or 106% In this example, the propert sold for one hundred six percent of its assessed value. This ratio si that the propert sold for less that it's assessed value. The calculation of an assessment ratio is the fiTst step in indusv- standard, statistical tests of assessment le'%7 ek and assessment performance. Annuall Propert Tax collects from each of the localities of the Commonwealth data for q ualified sales (Non-Qualified Sales. see Appendix J). It is important to remember that the sales data collected is for the y earfiolloit-in g the date of assessment. Assessment ratios are calculated .W for each sale. The ratios are array from the hi ratio to the lowest. -fbe median or rm'd- point ratio is the measure of central tendenc for the localit This is the measure referred to a xN: hen repo rt 1 n, ( g r a I oc a I i t N, L, s se s sm e n t rat i o .1, a nd i s the. measure of the overal as Se s sment leve for the locality ( ,the percenta of fair market value achieved)_ For example: Sale # I Assessed Value.- $1 04.000 Sale Price: 596..000 Ratio: 108% Sale # 2 Assessed Value: $100,000 Sale Price: $98,000 'Ratio: 102% Sale # 3, Assessed Value: $95,000 She Price: S 100,000 Ratio : 9!; % Median Sale # 4 Assessed Value: $115,000 'Sale Price.- $130,000 Ratio: 89% Sale # 5 Assessed Value: $130,000 'Sale Price: $160,000 Ratio: 8 1, % In the above exaniple 95% is the median ratio. This measure indicates that the overall assessment level for the localit is at - 5 )% of market value. d% % - Next, t h ee oefficient OT cisper-sion -- the test for uniformit and e -- i's calculated. The coefficient of dispersion is the aver-a percenta each of the ratios is different from the median, reflectin how close the other ratios are to the median ratio. The lower the perccntof the coefficient of dispersion, the more uniform and e is the overall reassessment. The avera difference is calculated b summm* the difference of each ratio from the median. expressed as an absolute value as a positive number and dividm' the sum b the number of ratios in the arra The avera difference is then divided b the median ratio to calculate the coefficient of dispersion. Usin the results of our example above, a coefficient of dispersion is calculated: Sale # I Ratio: 108% Sale # 2 Ratio: 102% Sale # _3 Ratio: 95% Median Sale, # 4 Ratio: 89% Sale # 5 Ratio 8 1 % ff"�_ Absolute Difference: 13 Absolute Difference: 7 Absolute Difference: 0 Absolute Difference: 6 Absolute Difference-. 14 40 Avera 40/5 8 Coefficient of Dispersion: 8/95 .084, or 8% The same data is also used t o develop a Re Index ( sometimes known asa Price Related Differential 'This measure is defamed as the mean (avera ratio divided b the sales wei avera ratio. 11 The Re Index indicates if bi properties are bein assessed at hi ratios than lower-valued properties. or if the opposite is occurrin If this index is at or near 1.00, neither the lower-valued proper-ties nor the hi proper-ties are bein discrirninated a in the assessment process. This test also indicates that uniformit and e - are bein achleved. The sales %vei ratio is the total of the assessed value divided b the total of all sale pfices. From the above examples. a -re index is computed as follows: Total Assessed, Values-. $544.000 Total of Sale Prices: $584,000 Sales Wei Avera $544,00,0/ $584,000 =.932 Mean Ratio-. 475/5 = 95 Re Index: .95/-9,32 = 1,.019 The results of the calculations made froth the examples are an assessment ratio of'95%, a coefficient of dispersion of 8%. and a re index of 1.02%. The examples above are purposel desi to produce desirable results. The Rev-`Lew Team assembled Roanoke Count Department of Taxation Assessment Ratio Studies for the y ears 2004 throu 2010. the most recent y ear avail able for the annual Assessment Ratio Stud Tax Year # Sales Median Ratio COD Re Index 2004 1,723 88-17% 8.15% 1.01 2005 1,949 85-10% 9.50% 1.00 2006 1,694 82.86 10.27% 1.01 2007 11462 85-25)% 9.46% 1.01 2008 853 90.79% 9.291/10 1-01 2009 9? 1 92.00% 7.43% 1.01 2010 795 95-74% 8.63% 1.00 PM Conclusion: Median Ratios in the y ears 2.004 dou 200 7 %ve re below the minimum desirable level of 9 . However, those were y ears when sale prices xx.-ere increasin at rates above historical norms. Assessment Ratio Studies utitL'ze sales lbllowir the date of assessment. Assessment values are developed utilizin sales Lhat occur before the date of assessment. A sustained trend of increasin saie prices will -tend to reflect a 1.ower Median Ratio when tie Assessment Ratio Stud is compiled. With sale prices droppin in the More recent w ears of the Studies, the Median Ratios reflect assessment levels in the ran of 1AA0 standards. The Review Tearn cannot find an basis supportiri the perception anion some in Roanoke Count that assessment values are inflated. Roanoke Count reassesses annuall Each y ear assessor tints are sub ect to chan and new sales are compiled to test o veral I assessment performance. In ever year observed, the Median Ratio is below 100%. the tar ratio. 00 Of course, the Review Team reco that a commendable result in the Assessment Ratio Stud does not assure that all assessment values are reliable. Roanoke Count has appro.Xun.atel 4.5, 000 real estate parcels. In the y ews observed for di s report, approximatel 800 to 2,000 sales were available for analvsis. It is a g iven that some individual assessment values will be subject to factual or hurnan error. It is for this reason that assessment office best practices rel on audits of the work product to detect errors. and that propertv owners are atTorded thTee opportunities to challen the correctness of their assessed value. l opert oxxners ma appeal their assessed values to the Director of Real Estate Valuation, to the Roanoke Count Board of E and/or to the Circuit Coun. 'Fhe Review Team learned from meetin with Count officials that in 2005 the q ualit y of assessment performance was Teviewed. At that time, the and of Supervisors re q uested that Mr. Michael K. Q uinn, an attorne and CPA, perform a review of assessment and ratio stud data ( Review of Assessment and Ratio Stud Data. pre-pared b Michael K. Q uinn, ovember 2 005 . 0 This report included reference to a similar report prepared b Mr.. Q uinn in 1996. In his 2005 report, Mr. Quinn concluded that the assessor and the staff"have done a commendable job. "" Mr, Quinn went on to comment that the assessor could have beensh more ai I I ,, g ressive m* raisin values, but that it d'fficult to achieve a median rat-c-) nthe90% ran duTin times of risin values. The Rev'e,%N,, I Team has concluded that, for the seven ears reviewed. the Real Estate Valuation so Department has achieved a hi de of consistentl sound assessment performance. particularl in the critical measures of anit and e This 'is '= to note since achie vin g fair and e assessments, so that the tax lev 'is e distributed amon similar properties, is the ke fimction of a reassessment. 13 Appendix A. Count Samples 14 B. Review Team Worksheet 1 C. Code o Vir § 58.1 § 5 8.1-80 1. Deeds g enerall y; charter amendments. A. On ever deed admitted to record, except a deed exempt from taxation b law, there is hereb levied a state recordation tax. The rate of the tax shal I be 2 5 cents on ever $100 or fraction thereof of the consideration of the deed or the actual value of the propert conve whichever is g reater. Upon deeds conve propert l part =l within the Commonwealth and partl without the Commonwealth, the tax herein imposed shall appl onl to the value of so much of the propert conve as is situated within the Conn-nonwealth. B. When the charter of a corporation is amended, and the onl effect of such ame �ndment is to a chan the corporate name of such corporation, the tax upon the recordation of a deed conve 4 4 to., or vestin in, such. corporation under its chan name, the title to an or all of the real or personal propert of such corporation held in its name as it existed immediate1v prior to such amendment, shall be DO cents. (Code 1950, § 5,8-54; 1968, c. 778; 1970, c. 772 1984, c. 675 2004, Sp. Sess. 1, c. 16 D. mead- Recordation, Fees Sample Lot 16. 1 21 * lo 2ba PAb ofgocdm 14�. M Fa -a ift — prepwad b EMLLzer zmd A"oawzms. brw, "od .1mmm 1"I md&'MNLMM� ME* S OM= of the C*cmt Cxxjn ftw tho CouW oc& XamwA=6 %M m PW Ekmk 14. at r . m an4 BELNC) tho xmnbc P VD P mrt y .. to die ChmmUws fi-am Rjoulan 0, Bu= and Dckxxsb S - Ek= Lby dkxd dated NU 2-5. 2CK". mod revowded in the md cdm-k's m M r m in No 200"M67. Th" — cam lim-ro"ca is =ad& =& wimom. to all amxamvmtn conditkmg, smfticdc� and reo= votl of roKxmd dhat novo affect said propwr rmTRUP§BqT 0201169136 omman im rmE CLMzK-18 OrPtCrr- OF RCM40KE CKKAW" ON SEPTMKBER 20v ZSII AT 931 23L-3.5e GRANTOR TAX MS F'All) AS REQUI By SM W.I-aag OF THE vA. ST A A TF S156-75 LOCAL: A. picammu CLOW W 7 SIT RUM" By' RF" 17 E. Deed-Consideration and Assessed Value Sample '201109136 RETUR ITI' PER FORPAIC E T 11I E 2774 8 ELECTRIC H. I WON Ire 1 IM H 18 I. M F. § 5�8.1-802 Code of 11fir Chapter 513 A Pi Act to amend and reenact § 58.1-802 of the Codeof Vir relatin to recordation tax [H 734] Approved April 4, 2012 Be it enacted b the General Assembl of Vir 1. That § 58.1-802 of the Code of Vir is amended and reenacted as follows: § 58.1-802. Additional tax paid b g rantor-, collectIO11. A. In addition to any other tax im osed under the provisions of this chapter, a tax is hereby P imposed on each deed, instrument., or xNTifin b which lands. tenements or other rea sold is g ranted, assi transferred, or otherwise conve to, or vested in the purchaser. or an other person, b such purchaser's direction. The rate of the tax., v.-hen the consideration or value of the i ntUeSt. Avhichever is g reater, exceeds $100, shall be 50 cents for each. $500 or fraction thereof, exclus've of the glue - lue of an lien or encumbrance remam'm* thereon at the time of the sale, whether such lien i's assumed or the realt is sold sub to such lien or encumbrance. No i ric r se in i t or co unt recordatin tax autho ri zed b § 5 8. 1- � 14 sh all be deemed authorized b this section. The tax Imposed b this section shall be paid b the g rantor, or an person who si on behalf o f'the g rantor, of an deed, instrument or writin subject to the tax 'imposed b this section. No such deed, instrument or other writin shall be admitted to record -s-ith"I WT a P_J61W unless ( i ) the amount q fthe consideration is stated on the first pa q f the document to be admitted to record and ( i i) certifi c ati on o f the c I erk of the court wherei n. fi rst re c ord br a i iTz" has been. affixed thereto that the tax imposed b this section has been paid. The clerk shall include with in the certificate the aniountof such tax collected thereon. B. Taxes imposed b this section shall be collected as provided in § 588-1-81'. and the cIeTk shall W, - return taxes collected hereunder one-half into the state treasur and or into the treasu of the localit The local portion of the tax imposed b this section on propert which is located in more than one Jun sdiction shall be collected b the clerk in proportion to the value of the propert located in each such localit when recorded th ere in. Ever clerk of court collectin taxes under this section for the count or cit which he smes shall be entitled to compensation for such service at fiNre P CTCent of the mnount so collected and *d. 19 wo a pjo,-) x oi., -q 41L "MEMO" 61 0 C) A mummomomd A WNW 0 4w avow I It jap po 1-00 Owl ir C) LL o �Nll 0 LO Lo LM 0 C6 0 co cr> Cc) T r UJ u 0 c 0 -ITA w • � ® 0 CT) cr) a .may m U m ui ?f m 7F O-n 6- < < w Cj 7 1 LL m m a 0 cc m I ► Cc C 0 Iz U c C3 70 E LL L> < 0 CL w . 8 Cri U L m LL C) C4 (D Cl C d) C LL 3 0 CT co Lo (A CD Ln , RI CD e s UD LO U) �^ 1 C5 -.19, Vo 04 �C4 c; CM cm 0) WAM 0 cu > .. W. 1 _t: < > > > > > a pjo,-) x oi., -q 0 C) 0 C) dim o 0 LO Lo LM 0 C6 0i co cr> Cc) CID CT) cr) ui < z 0 . 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L X16M IMM I D" JPLA-14004N* No EM& a MUMM'. 129.400 !a 7 six 090 S 0" i Itm aDB PORf�" AM T� � sw av 35-Aaam! *Lima 41, me 1-1 L i M11 a QW22=1 t I- MM NwM C!1" IMM 17 44-N MLC= i OZM aLOLA14, WL- RD r-M - 7M.= =011-ma awmi a Newpow RD EM G T -- '22 tcc 0332 M QDG;l�w =Mw SQ11 AMOM LN EOM sw 2915=1 23 4x 20 '110 �c WIV-11 4 00-Owc R3 A10111111" UN EM 50c- %mom% le VX i5awa I 1.176 a2 W 82U FILLY :E= $wl j o M t -Wt 4. ] .00 am M 02-M OMOCC 43 1 ' TAWBA VALLEY OR 407 SO 1 Ou =T ' 1 I 67i- 1 , 1. am M 06 n,,, i 5 CC-=- "51 M7 L4ffAM yJ%D r- M 4710 1 31.NM OZ 1 1.0 1 11 CC dM %M LOOM WAYM M EC)II 01131 Nal I 2W,--P'W NO 1'r =t 14M122 M-=L 4w; 11�" FRARJCF rR w!Dl � L 07M= 7 757ME - 5% 04E. =0 12-04-0 MA= .11 BM CAAMPTON --M il C I 3M IX 3 7 5 (XX CM wa 14-044M - TM VEMCPSOMC-1 COU Z, C r, rgs= % 14&= tar mew --° UM SWF7 CHERW CT EMIL M 5T SCAftJP Q* OR Ezn T CLM aw; Q; mcz:-- 5 ILSO -:v_ *-iAML2 -:7wr :0 7 zz 10�1 CC ZM, ta ltdw 1D:- 41 0= 1 M& MjbdM% . v%kPk:7 C A EW .7xz. 0 "UMUM" 1M4M 13 NX an T%a2-tzwt:n- 3= !W $LACK VAft -,wur Y 4 ::u I L -11.01Q 029 2"145 00-OC" M" 11M ALMUM NOGM LM EM �103 464.0w U71 C20 20-Wiw wwM am ?= AAG[ILIW 11 UN EMS 0101 a 1 7 1 1. 1 Seim 167 0 M9 & 7'dx 'M C-Mg 11101 0 MAN= T 1 rb JIM 191.0m O.M CX- 2DMZI.00;.,= Sam 7M TWIN f" DR E062 0101 Cu X1 155A= 1 Ft= I.C*7 O%2O4*4X,OD4M M33 Sd*t ALEXANC" t" ED47 Gill Cu Ow Owt 1 1 A I -ODQ 121=0 11.154 =2w-Oda)-m a2szo4w1taxna= 5513 M* UNN OR P 61 J w MA=T 1 200 am IN 1. " EM go= Tom.!, 1-w lzn je0- I C%" X-Q=1 AN173 6=�- — am OM - M o 05n 3MI T 149 TCf CLM- -- 4 i — f -- =7 *11411-MIX M -- M �® AeWLR CO — Omf M Mrnsam 11 Mr 1 !& OM .. -S M= OWPOT" on ;MI Dagow-1 44M 10C .5a ux- t Col 3< CA-rr3- !:R CO urtawt 2-�s 3M- M =-' 1 1 01 W WH= M4 POW 0 =In= I 111M x0 02n W-011111444MOD41=1 4110 "m &AMMO MUA;E uv. -ZiV Qu =7w TM WORW1117MOM Ow Mw �vpgqwjmv CICH 0325= I M.7m 2M -1115 DOLMOMUM 1 9 1111M cu *14MMI 1 M,40C M.= Ov 104u-O ME 204 040L L RU FM D1 Q1 Cu 1 I 1 34,E 1,42.00 0 "9 027.1044-115. OD-M ddb 3 2" PKW'r M F 01 L17 0 CDT 142. `00 IL6.= 0 075 0211"7-24,01-= $129 74M "dNM PO F005 DID-. C D511 0' 132.IKX 1 6 000 CIP17 O21 11 9= 740 0EX"M RD N D4 0 1 1 2S. TZ 147 OM 0 42x 3 7200 LA MAP-Rt UP DIM ;;wj U&2W- 2-'a 8% 74 1 UZ7 ar *2-05-a0D-O= em raK "a-am cmwl to 1 3.1 1= 5 5 :OM -1�1 WA I. Code of Vir § 58.1-207, § 58.1-207. Collection and publication of propert tax data. A. The Tax Commissioner annuall shall make and issue comprehensive assessment sales ratio studies for each ma class of real propert in each count or cit in the Commonwealth. In order to determine the de of assessment uniformit in the assessment of r classes of propert within each count or cit the Tax Commissioner shal I compute measur es of central tendenc and dispersion in accordance with appropriate standard statistical techni B. The Tax Commissioner shall construct and maintain a s for the collection and anal of real propert tax facts so as to enable him to make intr compan'sons as well as intercount and intercit comparisons based on assessment sales ratio data. C. The Tax Commissioner shall publish annuall the findin of the assessment sales ratio studies. D. The appropriate count or cit assessin officer shall post annuall in his office the assessment sales ratio studies as published b the Tax Conunissioner. (Code 1950, § 58-33.2; 1975, c. 617, 1984, c. 675. 23 I Non- Sales The f 1 o%kin are t of sales or transactions that are to be excluded for the purpose of conductin an assessment sales ratio stud I . See Surriame - ( Jones to Jones; or father to dau Cox to Mar Cox Smith Deed of Gift. 3. Forced Sale- foreclosure divorce, bankruptcv.. or special 1 7 al commissioner. 4. Sale between g ovemment and private tax exempt entit ,5. Sale of undivided interest. (Ma Include business interest); 6. Partial Conve - part of the propert 'is conve creatin a new paTcell. 7. Sale between co-tenants. 8. Deed of Trust. 9. Cemeter Lots. 10. Deeds of Exchan 11. Timber, Easement, Quit Claim. or Mineral Ri deed -v 1'2. Manufactured Home if classified as tan personal propert an other con e e inventor machiner accounts receivable. wxhere personal propert is conve e. I I New construction. 14. Auction Sales. 15. Sale price identical to assessed value, 16. Sale between Bank and Contractor. 17. Rezoned propert 18. Date of Deed is substantially different from Date of Recordation. W 19. Sale or Consideration less than $5.000. 24 K. Persons Interviewed for this Report (in alphabetical order) Michael W. Altizer Supervisor, Vinton Ma District Joseph B. "Butch" Church Supervisor, Catawba Ma stenkal District William "'Bill Driver Director of Real Estate Valuation Eddie "Ed"' Elswick Supervisor, Windsor Hills Ma District Richard C. Flora Supervisor, Hollins Ma District Karl Ford Realtor, MKB Realtors B. Cla "Cla Goodman III Count Administrator Nanc Horn Commissioner of the Revenue Diane H Assistant Count Administrator Steve McGraw Clerk of Circuit Court Charlotte A. Moore Supervisor, Cave Sprin Ma District Dan O'Donnell Assistant Count Administrator Rob Saul Office of the Clerk of Circuit Court Robert "Bob" Smith Assessment Ratio Stud Administrator, Department of Taxation 25 T LA .. 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Cl f0 M 00 i L t0 O Cl ?� l�0 111 N > N r-j f0 ri -0 a O M ri r-I L M N r-I '� O ri ' E O 3 N LL O r-I 'i �, O 2 4* m O CU 1 -* 3 O w 1 %D +' O O N 4- O IA ri m O L 3 N 2 O N O M O O 1 n O O 1 0 L O O 1 N O t N O tD O �_ O O v p _ o X w LD > ri Ln LA Ln Ln U Ln LL N N m l0 O M 2 N 00 H N U Ln O o Q %D H 00 O N Z N r1 O m r1 Ln 0 Q O M N N O M N w O N N L O Ln 0 M O Ln 0 N O N 0 C1 O M n n O M N L O q* 0 Ln O M M 0 O r-I N N O N N M O 00 L N O r-I M 00 Q O r-I Ln r-1 <D c-I r r1 00 r l 0) r-1 O N r-I N N N M N � N Ln N l0 N r- N 00 N O) N N O LU O O M L L .... OaLL O aLL z Q >` aLL E � Ln � L LA Q a LA 3 an Ln m OL V v bA L LA O w N v LL LA LA N a D u m N d O O rl of 3 O n O aLL - ra r14 N > M Q r-I M O O m -0 O o O x aLL r N M aj ri M N Q c y� 3 O O M O O N O aLL N (A > n � Q c-I M o � ° qr-4 In 3 ° o ° o O cu N (A > Q M a) N L O Q T 4 ) L aLL o 4* ° O 1 1 a cc •i In L a Ln O ti LA o m .-. o 0 Q � co Lfl r4 M LO -- LA Q a ^ Li L O V CU CU O cc v a " •L — a O Ln O o L cu o a � � .� M C) O L N aLL ❑ co 07 C ti � •� aLL Go ❑ � T 9 aLL i LL > _ O •L � �' ❑ N 3 O N U G O O0 O p Q ++ In }' co LA v � \ m LV V u a M o m E m CD O O: m N N O a- O O CU u aLL cu O0 O O O N a L u OLL r O q O E d Q Ln r mi `� cN M L N O L O w Q O aLL O 00 L C6 L L O U L a 4mA m CA a1 N ai E � N C i DD O a N N _O Q U a1 _ m L O LL r a j O O N N U O cn O _0 a1 LA aj O > O 0 0 LLB O 41 L w O a N p O O 4-1 U Q aLL O C N r4 N N E � [6 a s c CU 3 O VI � � O V x m Ln 00 a 00 * u ~ o m o m Q o Ln n L � M L-1 a S -1 PETITIONER: South Peak Residences, LLC, et al CASE NUMBER: 7- 7/2012 Board of Supervisors Consent 1 St Reading Date: 06/26/2012 Planning Commission Hearing Date: 07/03/2012 Board of Supervisors Hearing & 2 nd Reading Date: 07/24/2012 A. REQUEST Petition of South Peak Residences LLC, et al to rezone 11.411 acres from R -3, Medium Density Multi - Family Residential District, and C -2C, General Commercial District, with conditions, to R -4C, High Density Multi - Family Residential District, with conditions, identified as Area "A" on the Concept Development Plan for 176 multi - family residential units; and to rezone 11.940 acres from R -3, Medium Density Multi - Family Residential District, to R -3C, Medium Density Multi - Family Residential District, with conditions, identified as Area "B" on the Concept Development Plan with a proffered density limit of 23 single family residential units, involving several properties (077.20 -01- 48.01 -0000 and 077.20 -01- 50.00 -0000; and portions of 077.20 -01- 52.00 -0000 and 087.08- 03- 11.00 -0000) located at 4240 Elm View Road, 4252 Elm View Road, and 4486 Summit Street. B. CITIZEN COMMENTS No citizens spoke on this request. C. SUMMARY OF COMMISSION DISCUSSION Mr. Murphy presented the petition to the Planning Commission. Ms. Maryellen Goodlatte, esquire, represented the petitioner. Mr. Marrano asked about to the trail or sidewalk network in the residential areas and asked if it would connect to the commercial component of South Peak. The applicant indicated they would look at that issue but the majority of the commercial component of South Peak was not subject to the proffers with this petition. Mr. Jarrell and Mr. Peters inquired from staff if the private roads and sidewalks or trails would be built to the County Design Guideline Standards. Staff indicated the private roads and trails or sidewalks would be built to those standards. Mr. Marrano asked if the construction of this project would improve the stormwater run -off issues that currently exist for the Quail Ridge neighbors. The petitioner indicated that the stormwater regulations should improve the current situation. D. CONDITIONS A. With respect to the property described on the attached Exhibit A (the Area A tract): Page 1 of 3 1. Area A will be developed in substantial conformity with the Concept Development Plan made by Mattern & Craig dated June 14, 2012 subject to such changes as may be required by Roanoke County during comprehensive site plan review. 2. The height of any building in Area A shall not exceed sixty (60) feet (as measured by the Roanoke County Zoning Ordinance). 3. All facades and finishes of buildings in Area A shall be of similar design, colors, materials and detailing as shown on the rendering prepared by Jones and Jones dated September 9, 2011, and attached hereto as Exhibit A -1 . 4. No freestanding light pole, including fixture, shall be more than eighteen (18) feet above grade. All exterior lights, including security lighting, shall be down -lit or shielded so as not to direct glare onto adjoining streets or properties. The intensity at adjoining streets or properties shall not exceed 0.5 -foot candles. All street lighting shall be designed to complement the architecture of the adjacent buildings. 5. All residential buildings in Area A shall be connected by sidewalks. B. With respect to the property described on the attached Exhibit B (the Area B tract): 6. Area B shall be developed only for single - family dwellings. 7. Area B shall be subdivided such that no more than twenty -three (23) single - family dwellings shall be constructed thereon. 8. A sidewalk or walking trail shall be installed along one side of the streets to be developed in Area B. 9. A row of evergreen trees shall be installed along the southern boundary of Area B which adjoins tax map parcels 87.08 -06 -16.00 through 87.08 -06 -28.00 inclusive, planted twenty (20') feet on center. E. COMMISSION ACTION Mr. Marrano made a motion to approve the rezoning request with conditions. The motion carried 5 -0. F. DISSENTING PERSPECTIVE None. Page 2 of 3 G. ATTACHMENTS: X Concept Plan X Vicinity Map X Staff Report X Other Philip Thompson, Secretary Roanoke County Planning Commission Page 3of3 Address of „S 1, , t Properties Tax Map Nos.: (a) 4252 Elm View Road (b) 4240 Elm View Road (c) 0 Elm View Road (d) 4486 Summit Street Cave Spring Magisterial District Roanoke County (a) 077.20 -01 -48.01 (b) 077.20 -01 -50.00 (c) 077.20- 01 -52.00 (d) 087.08 -03 -11.00 Present Zoning: 3 (Medium Density Multi - Family Residential) ( b ) 3 (Medium Density Multi-Family Residential) ( c) C2C (General Commercial/Conditional) ( d) C2C & R3 (General Commercial/Conditional) (Medium Density Multi - Family Residential) Proposed Zoning: ID (High Density Multi - Family Residential for property described on Exhibit A RK (Medium Density Multi-Family Residential for property described on Exhibit B) Applicant's Karnes: South Peak Residences LLC (077.20-01-48.01) Slate Hill ii, LLC (077.20-01-52.00) Slate Hill 1, LLC (087.08-03-11.00) DNAL Holdings iif LLC Elm View LLC M & H Holdings, Inc. McNeil Properties LLC Patton Piave LLC South Peak Hotel LLC Woodcliff Investments LLC Owners: (a) South Peak Residences LLC (077.20 -01- 48.01) (b) Western Virginia Water Authority (077.20- 01- 50.Q0) (c) Slate Hill li, LLC (077.20 -01- 52.00) (d) Slate Hill I, LLC (087.08- Q3- 11.a0) OFFS The undersigned Applicants do hereby proffer the following conditions in conjunction with the rezoning application: A. With respect to the property described on the attached Exhibit A (the Area A tract): '1. Area A will be developed in substantial conformity with the Concept Development Plan made by Mattern & Craig dated June 14, 2012, subject to such changes as may be required by Roanoke County during comprehensive site plan review. 2. The hei of an buildin in Area A shall not exceed sixt (60) feet (as measured b the Roanoke Count Zonin Ordinance). 3. All facades and finishes of buildin in Area A shall be of similar desi colors, materials and detailin as shown on the renderin prepared b Jones and Jones dated September 9, 2011, and attached hereto as Exhibit A-1 , 4. No freestandin li pole, includin fixture, shall be more than ei (18) feet above g rade. All exterior li includin securit li shall be down-lit or shielded so as not to direct g lare onto adjoinin streets or properties. The intensit at adjoinin streets or properties shall not exceed 0.5-foot candles. All street li shall be desi to complement the architecture of the ad buildin 5. All residential buildin in Area A shall be connected b sidewalks. Sidewalks shall be constructed in accordance with Roanoke Count desi standards. B. With respect to the propert described on the attached Exhibit B (the Area B tract): & Area B shall be developed onl for sin dwellin 7. Area B shall be subdivided such that no more than twent (23) sin famil dwellin shall be constructed thereon. 8. A sidewalk or walkin trail, constructed in accordance with Roanoke Count desi standards, shall be installed alon one side of the streets to be developed in Area B. 9. A row of ever trees shall be installed alon the southern boundar of Area B which adjoins tax map parcels 87.08-06-16.00 throu 87.08-06- 28.00 inclusive, planted twent (20') feet on center. Dated this 3rd da of Jul 2012. Respectfull submitted, SOUTH PEAK RESIDENCES LLC SLATE HILL 11 LLC SLATE HILL I LLC DNAL HOLDINGS III LLC ELM VIEW LLC M & H HOLDINGS, INC. MCNEIL PROPERTIES LLC PATTON PLACE LLC SOUTH PEAK HOTEL LLC WOODCLIF INVESTMENTS LLC B Ja e R. Smith Ch The undersigned owner of Roanoke County Tax Map Parcel # 077.20-01-50.00 consents to the imposition of the proffers set out above, which Proffer statement is dated June 14, 201 2, subject to its vested rights: WESTERN 1RGINIA WATER AUTHORIT • IY� c- C v its j-'t � C'WIC'r zli�li90 :aaoa VA ` Vim :48 pa�pa40 169L - 54£ 9104Z '41NIONIA 'VONVON 6 F VMa /Ylh4 -�8 pau6lsaa M'S �3 s 1SalJ lOL NVId A3Wd013AN 1d30N00 � o z VMS :(g 11MDJQ sa okWns • Sa33N ION3 O En < O ' Ln brezo 1 9 uza IIEN o II y o V ZIOZ `i+4 3NM � Z C ' N � z a E a }od suwsinaa :a�oa anssl AV3d Hinos m > lo lEn � s H O W m F R p June 22, 2012 ROANOKE VALLEY PRESERVATION FOUNDATION Roanoke County Planning Commission 5204 Bernard Drive P.O. Box 29500 Roanoke, VA 24018-0798 Dear Chair and Members of the Planning Commission, This correspondence is in regards to the conditional rezoning application for 23 single - family homes and 176 multifamily units located at 4252 Elm View Road, 4240 Elm View Road, 0 Elm View Road, and 4456 Summit Street (Tax Map Nos. 077.20-01-48.01,077.20-01-50.00 and 087.08-03-11.00) as a part of the Peak development. As denoted on the South Peak Concept Development Plan, `Condominium Access Road' traverses between the Hairston - White -Hill and Richards- Stultz family cemeteries (Tax Map Nos. 057.05 -03 -24.00 and 057.0505 - 04.00). The Roanoke Valley Preservation Foundation (RVPF) would like to voice their support for the preservation of these two cemeteries and encourage their thoughtful incorporation into the development. Sincerely, Alison S. Blanton, President Roanoke Valley Preservation Foundation P. 0. Box 1366 Roanoke, VA 24007 Cc Eugene C. white sell Request. Petition of South Peak residences LLC, et al to rezone 11.411 acres from R -3, Medium Density Multi- Family Residential District, and C -2C, General Commercial District, with conditions, to R. -4C, High Density Multi - Family Residential District, with conditions, identified as Area "A" on the Concept Development Plan for 176 multi - family residential units; and to rezone 11.940 acres from R -3, Medium Density Multi - Family Residential District, to R-3C, Medium. Density Multi- Family Residential District, with conditions, identified as Area "B" on the Concept Development Plan with a proffered density limit of 23 single family residential units, involving several properties (077.20 -01- 45.01 -0000 and 077.20 -01- 50.00- -0040; and portions of 077.20--01 - 52.00 -0000 and 087.08-03-11.00-0000) located. at 4240 Elm View Road, 4252 Elm View Road, and 4456 Summit Street, Location: Magisterial District: Proffered Conditions: 4252 Elm View Road, 4240 Elm View Road, 0 Elms. View Road and 4486 Summit Street Cave Spring Magisterial District A. With respect to the property described on the attached Exhibit A (the Area A tract): 1. Area A will be developed in substantial conformity with the Concept Development Plan made by Mattern & Craig dated June 14, 2012, subject to such changes as may be required by Roanoke County during comprehensive site plan review. 2. The height of any building in Area A shall not exceed silty (60) feet (as measured by the Roanoke County Zoning Ordinance). 3. All facades and finishes of buildings in Area A shall be of similar design, colors, materials and detailing as shown on the rendering prepared by Jones and Jones dated September 9, 2011, and attached hereto as Exhibit A -1. 4. No freestanding light pole, including fixture, shall be more than eighteen (18) feet above grade. All exterior lights, including security lighting, shall be down -lit or shielded so as not to direct glare onto adjoining streets or properties. The intensity at adjoining streets or properties shall not exceed 0.5 -foot candles. All street lighting shall be designed to complement the architecture of the adjacent buildings. 5. All residential buildings in Area A shall be connected by sidewalks. B, with respect to the property described on the attached Exhibit B (the Area B tract). 6. Area B shall be developed only for single - family dwellings. 7. Area B shall be subdivided such that no more than twenty - three (23) single - family dwellings shall be constructed thereon. 8. A sidewalk or walking trail shall be installed along one side of the streets to be developed in Area B. 9. A rove of evergreen trees shall be installed along the southern boundary of Area B which adjoins tax map parcels 87.08 -06- 16.00 through 87.08 -06 -28.00 inclusive, pl anted twenty (20) feet on center. 1. APPLICABLE REGULATIONS The Roanoke County Zoning Ordinance defines a multi- family dwelling as: A building or portion thereof which contains three (3) or more dv Wl ing units for permanent occupancy, regardless of the method of ownership. Included in the use type would be garden apartments, low and high rise apartments, apartments for elderly housing and condominiums. Multi - family dwellings are permitted in the R -3, Medium Density Multi - Family Residential District, R -4, High- Density Multi - Family Zoning District and the C -2, General Commercial District. The zoning ordinance lists additional standards for the multi - family use type. In the R--3 zoning district the maximum density for the multi- family use is twelve (12) units per acre. The maximum density for the multi - family use in the R -4 district is twenty -four (24) units per acre. In The C -2 zoning district the Use and Design Standards only allow the multi- family use to be in the same structure as, and in conjunction with, an associated civic, office or commercial use type. In addition, the commercial use type must occupy at least fifty (50) percent of the gross floor area of the structure. The Single Family Dwelling, Detached use is permitted in the R -3, 'Medium Density Multi- Family Residential District. Site plan and building plan review shall be required. Compliance with all applicable Use and Design Standards and regulations, local ordinances and State Codes shall be required. 2. ANALYSIS OF EXISTING CONDITIONS Background — The petitioner is requesting to rezone two (2) areas, "Area A" and "Area B" as shown on the Concept Development Plan, prepared by Mattern & Craig, dated June 14, 2012. 2 Area A is a total of 11.411 acres to be rezoned to R -4C, High Density Multi - Family Residential District, with conditions. Currently Area A consists of 9.585 acres of R -3, Medium Density Multi - Family Residential District and 1.826 acres of C -2C, General Commercial District, with conditions. A portion of the existing R -3 zoned property is currently under construction for a multi- family structure for 32 units. This structure is identified as Building #I on the Concept Development Plan. This section and the remainder of the current R -3 parcel has a designation of Transition in the Roanoke County Comprehensive Plan. within the R -3 zoned area is the parcel owned by the western Virginia water Authority that currently houses the water tank. This property is under contract to be purchased by the applicant and eventually the water tank will be removed and water service will be provided by a waterline extension. Anderson & Associates from Blacksburg has recently submitted site plans for this waterline extension from the Franklin Road (Outback Steak House) area to serve the site instead of the existing water tank. The site plans for the water line extension are still under review at this point. This proposed water line extension is taking into account commercial development and multi - family developments that will be served from this proposed water line, including required fire flows. The remaining acreage that makes up Area A is a 1.826 acre portion of the C -2C, General Commercial District, with conditions, property that is part of the South Peak (formerly known as Slate Hill) project that was approved by the Board of Supervisors in 2004. This 1.826 acre portion of property is designated a Core in the Comprehensive Plan. This C -2C, General Commercial District with conditions, did not have any commercial structures shown as part of the 2004 rezoning plans that would be eliminated in that portion of Area A that is requested to be developed with a total of five (5) high -rise multi - family, condominium- ownership, multi- family buildings referred to as The .Residences at the Peaks. All of the previously approved 2004 proffers (attached) will still apply to the remaining C -2C, General Commercial District, with conditions property in South Peak. The proposed density of this project is 176- units. The existing 9.585 acre site with R -3 zoning would only pen - nit up to 113 units. The net increase with R -4C, High Density Multi- - family District, with conditions, is 63 additional units. The applicant's plan is to expand the footprint of The Residences at the Peaks from 9.585 acres to 11.411 acres to allow for four (4) additional multi- family buildings. Area B on the Concept Development Plan describes The Estates at South Peak, a proposed Single Family Dwelling, Detached development proposed behind Lowe's. Area B consists of 11.940 acres of R -3, Medium Density Multi- Family District, zoned property. The potential density of this acreage, if developed as multi - family units is up to 143 units. Subdivision plans have been submitted to Roanoke County that shows a total of 23 single - family residential lots. This subdivision plan is still under review and has not been approved to date. The intent with Area B is to limit the use to single - family dwellings with a maximum number of 23 units by written proffers. The single-family lots are proposed to be served by a sidewalk or walking trail network. There is a buffer proposed by proffer, adjacent to the Quail Ridge development of a single row of evergreen trees to provide additional screening between the existing single - family houses and the proposed single - family houses. TopographylVegetatWon — The topography for Area A has been partially altered with grading associated with the existing multi -- family building currently under construction. Additional retaining walls may be necessary to prepare additional building sites, particularly in the R -3 and C--2C zoned areas. An area from the existing building pad to the Elmview Road vicinity has also been cleared for storm water management purposes. Area B is sloped downward from the west to the east, or towards the Lowe's Horne Centers, LLC property. This area is heavily vegetated with mature deciduous and evergreen trees. There is heavy vegetation adjacent to the existing 9 Flintlock Lane homes. Surrounding Neighborhood —The surrounding neighborhood for the Area A portion of the proposed rezoning area includes the Elm Park Estates community, Grand Pavilion, wendy's on Electric Road with C -2, General Commercial District zoning, several vacant parcels and single- family residences on Elmview Road that are zoned R -3, Medium Density Multi - Family Residential District and the remainder are parcels that are listed as applicants for this rezoning petition owned by various LLCs in the South Peak development with C -2, General Commercial District, with conditional zoning. The Area B portion of this rezoning petition is surrounded by vacant R -3, Medium Density Multi - Family District parcels to the southwest, several lots within Hunting Hills subdivision addressed on Flintlock Lane, with R. -1, Low Density Residential District zoning, to the south individual lots within the Quail Ridge subdivision, with R -3, Medium Density Multi -- Family District zoning, Quail Valley Condominium development, with R- 3, Medium. Density Multi - Family District zoning and to the east the Lowe's Horne Center commercial development and a western Virginia water Authority lot. Near the proposed entrance road into The .Estates at South Peak subdivision, beside the round- about adjacent to Area B are two (2) small cemeteries that adjoin but are not part of this petition. 3. ANALYSIS of PROPOSED DEVELOPMENT Access/Traffic Circulation — The access to the proposed multi - family units and the single- family residences will be from private roads, with the main road named South Peak Drive. The original commercial component of South Peak is served by a private road with a signalized intersection on Electric Road (State Route 41 9) aligned with the main entrance to Tanglewood Mall. South Peak Drive loops through the commercial area and also ties into Valley Avenue (State Route $62) through the Lowe's Horne Centers, Inc. property and ultimately ties into to a signalized intersection with Franklin Road (State Route 220). The existing private road from the Lowe's Home Center site to the round -about has been constructed and paved. Access to The .Estates at South Pear will be by an extension of a private road from this round- about. There will be no road access to this site from Quail Valley, Quail Ridge, Hunting Hills or from Elmview Road for this development. The private roads in this single - family home area will be developed to the Roanoke County Private Road Standards. Virginia Department of Transportation has indicated that with the reduction in traffic generation no additional changes will be required to existing right-of-way access points to the South Peak development. There will be no vehicular access to either Area A or Area B from Elmview Road or through Hunting Hills. Fire & Rescue - The Roanoke County Fire Marshall's Office wanted the applicant to be aware that the fire flow requirements for higher density construction and the fire flow requirements are reduced by So% if the proposed structures are equipped with automatic sprinkler systems and installed in accordance with NFPA standards. The private roads will need to be constructed to the Roanoke County Road Standards and specifically allow for proper fire truck access, markings, widths, grades and turn around capabilities. All of these specific requirements will be addressed during the site plan review process. Public Services — .Roanoke County General Services advises that adequate provisions will need to be made for dumpster placement. Their formula translates into the need for four (4) dumpsters based on the density of the multi - family development in Area A. Since the proposed multi - family development is noted to be a condominium form of ownership, the Department of General 11 Services would be financially responsible for solid waste collection costs, and there would be a financial impact to that department. In Area B of the development, a signed waiver would be required in order for Roanoke County to provide curbside solid waste collection for the single - family residences, since the roads are private. The other concern the General Services Department identified is if on- street parking is allowed in the cul -de -sacs that could pose a problem for its solid waste collection vehicles. Economic Development -- The Roanoke County Department of Economic Development offered no objections to the rezoning request. Community Meeting - On Monday evening, June 4, 2012, a community meeting was held at the Roanoke County Administration Center for the proposed rezoning. County staff and representatives for the petitioner were present to outline the request and answer questions from the neighbors. Some of the concerns raised include: stormwater runoff, the clearing of trees in Area B, access from Elmview Road, through Hunting Hills or from Quail Valley or Quail Ridge. Some of the residents were concerned about the visibility of the new homes if the trees were removed. Representatives for the petitioner described that only existing access points would be used and the Estates homes would be marketed as wooded lots to reduce the clearing of trees. The petitioner's consulting engineer described that stormwater management associated with the project may actually improve the runoff conditions compared to the current conditions. 4, CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The South Peak Residences, LLC, et al, rezoning petition is comprised of two (2) Areas. Area A is located at the top of the site near the existing water tank that is requested to be rezoned to R- 4C, high Density Multi-Family Residential District, with conditions. This existing R -3, Medium Density Multi- Family Residential District property is designated as Transition in the Comprehensive Plan. Transition is a future land use area that encourages orderly development and serves as a buffer between highway -- oriented commercial development and lower intensity development. One of the specific uses encouraged in Transition is multi -- family residential use with a density of 12 -24 units per acre. The remainder of Area A is zoned C -2C, General Commercial District, with conditions, and is designated as Core. The Core future land use designation is an area where high intensity urban development is encouraged. Core areas may also be appropriate for large -scale highway oriented retail uses and regionally based shopping facilities. A feature of the Core designation is the goal of being in close proximity to projected 4. population concentrations. The second area in the rezoning petition is identified as Area B, with an existing R--3, Medium Density Multi - Family Residential District zoning. This area is proffered to have a maximum density of 23 total single- family dwellings. This area is located behind the Lowe's Home Center, LLC, property adjacent to Quail Valley, Quail Ridge and a portion of Flintlock Lane. Area B has a designation of Development on the Future Land Use Map, in the Comprehensive Plan. The Development designation is an area where new neighborhood development will occur, including large -scale planned developments. Innovation in housing design and environmental sensitivity in site development is a key objective. Conventional single - family developments and multi - family developments are encouraged in areas with the Development designation. 5 5. STAFF CONCLUSIONS The South Peak Residences, LLC, et al, rezoning application is generally consistent with the Roanoke County Comprehensive Plan. There are several Future land Use Designations involved with the proposed rezoning, including Transition, Development and Core. The proposed multi- family use and density proposed in Area A are consistent with the Transition Future Land Use designation. The Core designation allows for planned shopping centers and clustered retail uses in close proximity to surrounding neighborhoods. Pedestrian connectivity is proposed between the residential units in Area A by the use of sidewalks. Area B pedestrian connectivity between the single - family house lots is also proposed by either a sidewalk or walking trail. The multi- family housing proposed in Area A is accessed through commercial development within the developing South Peak commercial component. The proposed single - family use and density for Area B is consistent with the Development Future Land Use Designation. The proffers offered with this petition that establish appearance guidelines, height limits, and establish a maximum density in Area B are supportive of the goals of the Comprehensive Plan. CASE NUMBER: # 7- 712012 PREPARED BY: J. Murphy HEARING. PC: 71312012 DATES. ATTACHMENTS: BOS: 712412012 Application Aerial Map Future Land Use Zoning Map C -2 District Regulations R -3 District Regulations R -4 District Regulations Slate Hill (now South Peak) Proffers from 2004 Use and Design Standards for Multi- Family Dwelling no Pz — �ao�o����� County of Roanoke For Staff Use Only Coin niunit Dee ello Plannin & Zonin Date i-ccelved: Z , Received b RISAV/CP V/AA Appli Application fee: PC/BZA date: Metes and bounds description Ili-offer 5204 Bernard Drive Water and sewer application j o i in i n _j Ad I I hereb certif that I ain either the oNvner of the propert or the owner's a or contract purchaser and am actin with P ► Box 29800 Roanoke, VA 24018-0798 Placards iSSLIed: V o5fftA BOS date- (540) 772-2068 FAX ( 540 ) 776-7155 Case Number 4 ALL APPLICANTS Check t of application filcd ( check all that appl XRezonin 11 Special Use EVariance IlWaivei- [l Administrative Appeal 0 Comp Plait ( 15.2-2232) Review Applicants name/address whip Phone: Work: See attached sheet Cell #: Fax No.: Owner's name /address iv/zip Phone Work: See attached sheet Fax No. Propert Location Ma District: See attached sheet See attached sheet Communit See attached sheet 'Fax Map No.: See attached sheet Existin Zonin See attached sheet Size of parcel(s): ,Acres: See attached sheet Existin Land Use: See attached sheet REZONING, SPECIAL USE PERMIT KA I VER AND CO I1' PL AN {I 5.2-2232) RE VIE W A PPL ICA N TS (R/S/W /C P) Proposed Zonin Proposed Land Use: See attached sheet Does the parcel nicet the minimurn lot area, width, and fronta re of the re district? Yes X No IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimuin criteria for the re Use 't Yes X No IF NO A VARIANCE IS REQUIRED FIRST If rezonin re are conditions bein proffered with this re Yes X No- VARIANCE, WAMER.4ND ADMINISTRA TIVE APPEAL APPLICANTS (VlfVIAA) Variance/ Waiver of Section of the Roanoke Count Zonin Ordinance in order to: Appeal of Zonin Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke Count Zonin Ordinance Appeal of Interpretation of Zonin Map to ___& Is the application complete? Please check if enclosed. APPLICATION WILL NOT ICE ACCEPTE ARE MISSING OR INCOMPLETE. R/S/W/CP V/AA Consultation R/S/VV/CP V/AA 8 1/211 x I V concept plan RISAV/CP V/AA Appli Application Metes and bounds description Ili-offer Ju st i fi cation Water and sewer application j o i in i n _j Ad I I hereb certif that I ain either the oNvner of the propert or the owner's a or contract purchaser and am actin with of the owner. 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L- CY) c - L- 4-a co E m 2i _0 - -0 C 0 c 0 (D o -0 _0 -7w 0 a) m E C:) r '- 0 b- w IN) 0 E c 0. 0 >-, :t! c M 0 C: 0 (3 L- 0 m w co >, C) as 2 " >-I E D C C .) (0 CN 0 > 0 > .- w C) 0 "" C - q — -0 m M > m Q- ❑ - C) - C- C C) a) 0 >-I C ' 4 E m m (D 0 m C) m 0 C%4 O .Lm M a) M C� 0 C M 42 co lq;r r- 0 (n a) o a) U) CD CD co C\l m LO 4-4 -0 0 0 9 0) 0) a) E rZ 4-0 4-a 4- 1 (n U) C) CO 0-0 rZ E 0 0 r- a) r W .2 > C) U) 0) o -P m CL C ) 4a m E [u - 0 > m > cu m 0 S- a) &- E o C) 0 M • M LL E 4M- C) C: 0 C: as 0 E m M 0 C� U- 1 4--J c a) 00 co Ica Fn (L CO z CO U) co >N a) o a) .0 >,tf C� 0 �_, 0 E E o, a) U) Z > > 1 E c: LM 0 �� C\l = W ' . m 7L U- � Q 0 ff� 4-0 Ila 0 1 0 0 L. -;; �:% 0 j .j Z m Gomm N CL M 0 . 4-- %. 4) *a r. = tm a 0 0 0 U) (D CL 0 .0 E 0 CL 0 CL 0 CL x N CO 0 L i snow x ul 0 0. 0 CL JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2 -2232) REVIEW REQUESTS Applicant South Peak Residences LLC et al. 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. See attached sheet Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan, See attached sheet Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as wel l as the impacts on public services and facilities, including water /sewer, roads, schools, parks /recreation and fire and rescue. See attached sh.ee t . Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purRose found at the beginning of the a icable zoninq district classification in the Zonin Ordinance., Applicants wish to develop residential communities at South Peak with densities appropriate for their respective locations. The Estates at South Peak, a single- family neighborhood behind Lowe's and adjoining Quail Valley, Quail Ridge and the Hunting Hills community, will be developed on the 11.940 acres currently zoned R -3 and identified on the concept plan as Area B. The Rr-3 zoning district would allow up to 132 homes to be constructed in Area B. By proffer, the Applicants are agreeing to reduce the density in Area B from 132 lots to 23 single - family residential parcels, which is consistent with the development pattern of the adjoining Hunting Hills community a nd significantly less dense that the adjoining Quail Ridge /Quail Valley communities. Rather than densely developing along the Hunting Hills /Quail Valley /Quail Ridge boundary, your Applicants believe that residential units are better added to the condominium community under construction in Area A. Applicants propose to add one more condominium building to the condominium community, for a total of five buildings with a total of 176 units therein. The tax map parcel on which the first condominium building is currently being constructed is zoned R -3 and has a by -right allowance of 113 units. Rezoning Area A to R -4 would allow 63 units to be added to the condominium development. It would also allow Area B to serve as a buffer between its Hunting Hills and Quail Ridge /Quail Valley neighbors and the balance of the South Peak mixed -use development, as encouraged by the County's zoning ordinance. Twin goals of the zoning ordinance — to encourage appropriate residential development and to provide appropriate buffers with existing development -- are met with this application. Please explain how the project conforms to the eneral guidelines and p vlicies contained in the Roanoke County Community Plan. The County's future land use map designates the parcels as: Core (077.20-01-52.00), Core /Transition /Development (087.08 -03- 11.00 ); and Transition (077.20-01-48.01 and 077.20 -01- 50.00). The Comprehensive Plan encourages the orderly development of all parcels designated as core, transition and development, with particular emphasis on providing appropriate buffers when adjoining existing residential communities. By shifting the location of additional residential units from Area B to Area A, your Applicants not only enhance the developing condominium community, but also provide a development buffer for the existing residential communities which adjoin South Peak. Please describe the im acts of the re uest on the ro ert itself the ad'oinin properties and the surroundin area as well as the impacts on public services and facilities includin water /sewer, roads schools arks /recreation and fire and rescue. There will be no negative impact on the surrounding area or public services and facilities. The proposed residential developments in Areas A and B represent, in fact, a reduction of the number of residential units that would be allowed of right. CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, - use permit, waiver, community plan (15.2 -2232) review and vaiance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS X a. Applicant name and name of development X b. Date, scale and north arrow X c. Lot size in acres or square feet and dimensions X d. Location, names of owners and Roanoke County tax map numbers of adjoining properties X e. Physical features such as ground cover, natural watercourses, floodplain, etc. X f. The zoning and land use of all adjacent properties X g. All property lines and easements X h. All buildings, existing and proposed, and dimensions, floor area and heights X i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development X j . Dimensions and locations of all driveways, parking spaces and loading spaces Additional infoi matlon Yequii -ed foi- REZONING and SPECIAL USE PEk11H7'APPLICANI'S X k. Existing utilities (water, sewer, storm drains) and connections at the site X 1. Any driveways, entrances /exits, curb openings and crossovers X m. Topography map in a suitable scale and contour intervals X n. Approximate street grades and site distances at intersections X o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed X q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. SEE . - J D SHEET Signature of applicant Date 2 Address of Subiect Properties Tax Map Nos.: (a) 4252 Elm View Road (b) 4240 Elm View Road (c) 0 Elm View Road (d) 4486 Summit Street Cave Spring Magisterial District Roanoke County (a) 077.20 -01 -48.01 (b) 077.20 -01 -50.00 (c) 077.20 -01 -52.00 (d) 087.08 -03 -11.00 Present Zoning: (a) R3 (Medium Density Multi- Family Residential) (b) R3 (Medium Density Multi- Family Residential) (c) C2C (General Commercial /Conditional) (d) C2C & R3 (General Commercial /Conditional) & (Medium Density Multi - Family Residential) Proposed Zonin R4C (High Density Multi- Family Residential for properly described on Exhibit A) RK (Medium Density Multi - Family Residential for property described on Exhibit B) Applicant's Names: South Peak Residences LLC (077.20 -01- 48.01) Slate Hill 11, LLC (077.20 -01- 52.00) Slate Hill I, LLC (087.08 -03- 1'1.00) DNAL Holdings III LLC Elm View LLC M & H Holdings, Inc. McNeil Properties LLC Patton Place LLC South Peak Hotel LLC Woodcliff Investments LLC Owners: (a) South Peak Residences LLC (077.20 -01- 48.01) (b) Western Virginia Water Authority (077.20 -01- 50.00) (c) Slate Hill II, LLC (077.20 -01- 52.00) (d) Slate Hill I, LLC (087.08 -03- 11.00) I' f The undersigned Applicants do hereby proffer the following conditions in conjunction with the rezoning application: A. With respect to the property described on the attached Exhibit A (the Area A tract): 1. Area A will be developed in substantial conformity with the Concept Development Plan made by Mattern & Craig dated June 14, 2012, subject to such changes as may be required by Roanoke County during comprehensive site plan review. 2. The hei of an buildin in Area A shall not exceed sixt (60) feet ( as measured b the Roanoke Count Zonin Ordinance 3. All facades and finishes of buildin in Area A shall be of similar desi colors, materials and detailin as shown on the renderin prepared b Jones and Jones dated September 9, 2011, and attached hereto as Exhibit A-1 . 4. No freestandin li pole, includin fixture, shall be more than ei (118) feet above g rade. All exterior li includin securit li shall be down-lit or shielded so as not to direct g lare onto adjoinin streets or properties. The intensit at ad streets or properties shall not exceed 0.5-foot candles. All street li shall be desi to complement the architecture of the ad buildin 5. All residential buildin in Area A shall be connected b sidewalks. B. With respect to the propert described on the attached Exhibit B (the Area B tract)- 6. Area B shall be developed onl for sin famil dwellin 7. Area B shall be subdivided such that no more than twent ( 23 ) sin famil dwellin shall be constructed thereon. 8. A sidewalk or walkin trail shall be installed alon one side of the streets to be developed in Area B. 9. A row of ever trees shall be installed alon the southern boundar of Area B. which adjoins tax map parcels 87.08-06-16.00 throu 87.08 -06- 28.00 inclusive, planted twent (20') feet on center. Dated this 14 da of June, 2012. Respectfull submitted, SOUTH PEAK RESIDENCES LLC SLATE HILL 11 LLC SLATE HILL I LLC DNAL HOLDINGS III LLC ELM VIEW LLC M & H HOLDINGS, INC. MCNEIL PROPERTIES LLC PATTON PLACE LLC SOUTH PEAK HOTEL LLC WOODCLIFF INVESTMENTS LLC B 0 - amen R. 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L E cc �0 7 , m EXHIBIT A AREA A TRACT SOUTH PEAK CONDOMINIUMS BEGINNING at a point in the center of Elm View Road having a 30' Prescriptive Right of Way (St. Route 706) and with the boundary line of Elm Park Estates; thence leaving the center of Elm View Road and with the boundary line of Elm Park Estates the following two (2) courses: S 70° 03' 25" E passing a nail at 20.87 feet in all 459.24 feet to an iron pin; thence N 34° 05' 52" E 675.79 feet to an iron pin, being the north east corner of Elm Park Estates and the southerly boundary line of Woodcliff Investments, LLC., Parcel 1; thence with the southerly boundary line of Woodcliff Investments, LLC. Parcel 1 S 54° 40' 25" E 215.64 feet to an iron pin, being the common corner of Woodcliff Investments, LLC Parcels 1 and 2 and Slate Hill 11, LLC.; thence with the boundary line of Woodcliff Investment, LLC Parcel 2 and Slate Hill 11, LLC. S 55° 22' 03" E 139.45 feet to a point; thence with a new boundary line through the property of Slate Hill II, LLC. the following two (2) courses: S 08° 06' 48" W 353.20 feet to a point; thence S 27° 36' 39" W 307.56 feet to a point, being the common boundary line of Slate Hill 11, LLC. and Slate Hill I, LLC.; thence with a new boundary line through the property of Slate Hill 11, LLC. the following three (3) courses: S 27° 36' 39" 48.26 feet to a point; thence S 61° 55' 03" W 111.89 feet to a point; thence N 28 17' 13" W 42.08 feet to a point, being a common boundary line of Slate Hill I, LLC. and South Peak Residences, LLC.; thence with the common boundary line of Slate Hill 1, LLC. and South Peak Residences, LLC. S 61 48' 14" W 219.14 feet to an iron pin, being the south east corner of Wilford C. Penn; thence leaving the property of Slate Hill 1, LLC and with the boundary line of Wilford C. Penn N 60 08' 10" W passing an iron pin at 721.02 feet in all 736.50 feet to a point in the center of Elm View Road; thence leaving the property of Wilford C. Penn and with the center of Elm View Road the following three (3) courses: a curve to the right having a delta of 22° 30' 43 ", a radius of 153.03 feet, an arc length of 60.13 feet, a chord bearing N 27° 29' 12" E for a distance of 59.74 feet to a point; thence with a curve to the left having a delta of 49 41' 41 ", a radius of 80.39 feet, an arc length of 69.73 feet, a chord bearing N 13c53" 43" E for a distance of 67.56 feet to a point; thence N 10 57' 08" W 34.14 feet to the "Point of Beginning" and containing 11.411 Acres, more or less. EXHIBIT B AREA B TRACT THE ESTATES AT SOUTH PEAK (Portion of Tax Parcel No. 087.08 -03- 11.00) BEGINNING at a point on the southerly Right of Way line of Franklin Road (U. S. Route 220 ), being a common corner between Lowes Home Center Inc. and Quail Valley Condominium Association Inc.; thence leaving the aforesaid Right of Way and with the common boundary line of Lowes Horne Center and Quail Valley Condominium Association Inc. S 59 59' 13 W 1 feet to the "Actual Point of Beginning ", being the southwest corner of Lowes Home Center Inc.; thence S 59 59' 13" W 340.48 feet to a iron pin, being a corner of Lot 18, Revised Section 2, "Quail Ridge" recorded in Plat Book 26 at Page 197 in the Clerk's office of the Circuit Court of Roanoke County, Virginia; thence 60 °44' 14" W 60.44 feet to a iron pin, being corner of Lot 19, Revised Section 2, "Quail Ridge "; thence S 59° 59' 26" W 231.92 feet to an iron pin set, being a corner of Lot 23, Section 4 "Quail Ridge" recorded in Plat Book 27 at Page 132 in the Clerk's office of the Circuit Court of Roanoke County, Virginia; thence S 58° 12' 36" W 427.55 feet to iron pin, being a corner of Lot 28, Section 4 "Quail Ridge" and with the easterly boundary line of Lot 4A1, Section 17 "Hunting Hills" recorded in Plat Book 18 at Page 63 in the Clerk's office of the Circuit Court of Roanoke County, Virginia; thence with the easterly boundary line of Lot 4A1, N 13° 55' 33" W 52.83 to an iron pin set in the easterly boundary line of Lot 6, Section 15 Block 1 "Hunting Hills" recorded in Plat Book 9 at Page 218 in the Clerk's Office of the Circuit Court of Roanoke County, Virginia; thence N 30° 23' 02" E 366.67 feet to an iron pin, being a corner of Lot 9, Section 15 Block 1 "Hunting Hills "; thence N 05° 14' 49" E 135.05 feet to an iron pin, being a corner of Lot 10, Section 15 Block 1 "Hunting Hills "; thence N 29 30' 31" W 44.94 feet to an iron pin set in the easterly boundary line of Lot 10, Section 15 Block 1 "Hunting Hills" and a corner of Old Heritage Corporation; thence leaving Lot 10, Section 15 Block 1 "Hunting Hills" and with the line of old Heritage Corporation the following two (2) courses, N 51 13' 15" E 52.03 feet to an iron pin; thence N 29 23' 12" W 271.89 feet to an iron pin- set, begin the corner of old Heritage Corporation and the southerly boundary line of Major Hill Jr. and Frances Hill Beane; thence N 60 °36' 52" E 393.93 feet to an iron pin set, being the corner of C. F. Richards by Deed Book 66 at Page 239; thence N 24 22' 59" W 316.10 feet to a iron pin set in the easterly boundary line of C. F. Richards; thence with a new boundary line through the property of Slate Hill I LLC the following five (5) courses, N 64° 32' 14" E 9.88 feet to an iron pin set; thence with a curve to the left having a delta of 144 21' 28 ", a radius of 51.00 feet, an arc length of 128.50 feet, a chord bearing N 82° 21' 32" E for a distance of 97.11 feet to an iron pin set; thence with a curve to the right having a delta of 53 30' 04 ", a radius of 27.00 feet, an arc length of 25.21 feet, a chord bearing N 36c55" 49" E for a distance of 24.31 feet to an iron pin set; thence with a curve to the left having a delta of 44° 27' 04 ", a radius of 75.00 feet, an arc length of 58.19 feet, a chord bearing N 41° 27' 19" E for a distance of 56.74 feet to an iron pin set; thence S 80° 32' 30" E 35.64 feet to an iron pin set, begin a common corner of Slate Hill I LLC. and Western Virginia Water Authority (Well Lot); thence with the Well Lot the following two (2) courses, S 09 27' 57" W 118.32 feet to an iron pin set; thence S 80° 32' 03" E 53.08 feet to an iron pin, being the common corner of Western Virginia Water Authority (Well Lot) and Lowes Home Center Inc.; thence with the line of Lowes Home Center Inc. the following two (2) courses, S 29° 03' 00" E 670.16 feet to an iron pin set; thence S 34° 43' 14" E 137.19 feet to an iron pin at the "Actual Point of Beginning" and containing 11.940 Acres, more or less. � 1��� ���`��� ������n/��� ��-�'�u���]| U/ �u ��x~u����U Ma 4, 2012 Tu Mr. Philip Thompson, Deputy Director of Planning County ofRoanoke S2O4 Bernard Drive Roanohe Via: Hand Delivered Re: South Peak Residential Rezonin Dear Mr. Thompson, Please find attached, our application concerning the rezoning of certain parcels within the South Peak community, along with our check for the filing fee in the amount of$ 1 the concept plan (both in full-size and reduced size), water and sewer availability letters from the Western Virginia Water Authority, as well as written proffers which vvevoluntarily wish to impose on the properties which are the subject of the application Our application deals only with the residential portions of South Peak. Prov attractive options for upscale residential living is critical to the overall success of South Peak. The rezoning we seek will allow two distinct residential communities nobe developed. An overview of those communities follow. The Estates at South Peak will be a single family nei behind Lowves and ad Quail Valley and the Huntin Hills communit The Estates will be consistent in desi and, densit as Huntin Hills and will he accessed via a 4+may stop light atVaUeyAvenuc- Weproposetodeve|oponh/23 single family lots in The Estates even though the R-3 zoning would allow l32 units to'be developed on the 11.940 acres ( i.e. 12 units per acre ). The location of The Estates, nestled towards the back of South Peak, [ends itself to this significantly less dense development pattern. We strongly believe that some of the density which might otherwise be incorporated into The Estates is better positioned within our second premiere residential The Residences at the Peaks will be a condominium community in the heart of South Peak- The Peaks will consist offive buildings adjoining the commercial district of SouthPeak- ItvviUheatureArts and Crafts styling, underground parking for residents and an observation platform to take advantage of the mountaintop views. With an estimated average sales price around $450,000, we anticipate a tar market of bus y oun g professionals and empt nesters that will be attracted b the uni desi spectacular views and the zero maintenance of condominium livin The infrastructure, design and location of The Peaks easily accommodates the additional densities that might otherwise he incorporated into The Estates neighborhood. This has been accomplished by adding one more condominium building to the four previously proposed for the condominium community. Currently, the 9.586 acre condominium site is zoned R-3 and would allow 123 condominium units to be developed. We propose to expand the footprint of The Peaks from 9-585 acres tol1.41l acres and rezone that acreage from R-3 and [2'[toR-4. [Since The Peaks adjoins the commercial �� PHEASANT RIDGE ROAD, S.W..SUITE 301, ROANOKE, VIRGINIA 240l4~ PHONE 540.774.7762° FAX 540.772.6470 neighborhood of South Peak, some of the 1.825 additional acres is currently zoned C2 -C.I. As shown on the attached concept development plan, the cluster of five buildings would contain a total of 176 condominium units. This modest expansion of The Peaks' footprint allows for the much- needed residential units to be placed in the center of a condominium community rather than on The Estate's acreage, which is better positioned in all respects for single family development. Visitors to South Peak can already see Building No. 1 of The Peaks rising from its foundations. obtaining the necessary rezoning of the 11.411 acre parcel allows us to move forward with our revised plans for this condominium community in an efficient manner. To evidence our commitment to a less dense development of The Estates, a fully engineered site plan fora 23 lot single family development has already been submitted to Roanoke County. Although it is clear that our proposed development of The Estates and The Peaks will result in less density than would otherwise be allowed under current zoning, our plans for both residential communities are not driven by math. Rather, we are committed to developing South Peak into a premiere community within which a single family residential community, The Estates, complements its prestigious adjoining neighborhood, and a condominium community with spectacular views and adjacent commercial amenities, The Peaks, is sufficiently sized to meet its residents' needs and -- expectations. Please let us know if you require any additional information as you review our application. Sincerely Euge' C. Whitesell Development Manager Michael S. A Steven A. Ccm-ipbell Rand W. Beckner Bradle C. Crai Wm. Thomas Austin David P. Wilson James B. Vase SINCE Mattern &Crai 1978 CONSULTING ENGINEERS e SURVEYORS Ma 4, 2012 Edwin K. Mattern, Jr. (1949-1982) Sam H. McGhee, III (Retired) Gene, R. Cress (Retired) Stewart W. Hubbell (Retired) J. Wa Crai (Retired) Smith/Packett MED-COM,. LLC 4423 Pheasant Rid Road Suite 301 Roanoke, VA 24014 Attn.: Mr. Gene Whitesell, Development Mana Re: South Peak Condominiums and the Estates at South Peak Commission Number 3101-RZ Dear Mr. Whitesell: In con with Smith/Packett's pendin application to rezone certain tracts of land within the South Peak Development, we have performed an anal of the anticipated Trip Generations for the development. The results of our anal are presented herein for y our use relative to the rezonin application. Background /Purpose Certain portions of the South Peak Development (then called Slate Hill) were rezoned under Ordinance No. 062204-11. Attached to the Ordinance was an Exhibit V which summarized the anticipated Trip Generations from the proposed development. A cop of this exhibit is attached hereto. A "Master Plan for South Peak Development" was approved b Roanoke Count in 2012. The master plan contained detailed information re the proposed uses within the ori areas of South Peak. Development Plans for South Peak Condominiums (approved b Roanoke Count under Plan No. SB-1003131) and the Estates at South Peak (Roanoke Count Plan No. SB-1003131) resulted in direct entrance connections to South Peak Boulevard. This letter presents the result of a new Trip Generation anal based on the development shown on the approved Master Plan in addition to the development proposed on the South Peak Condominium Pro and the Estates at South Peak. Results & Comparison Trip Generation data was developed based on the development shown on the approved Master Plan for South Peak, the development anticipated within the South Peak Condominium 701 First Street, S. IT. Rocmoke, Vir 24016 (54(x) 345-9342 Fax (540) 345-7691 www.matt ern andc rai .coni Mr. Gene VVhiteseU u/l3/2O12 Page 2of2 Pro (i.e. 176 units) and the development anticipated within the Estates at South Peak U.e. Z3 single-family homnesL The basis of the analysis H.e. land uses and size) and the results are presented in the attached Trip Generation Data table. The anal indicates that the anticipated development will result ina total ofB weekday trips. The analysis included as Exhibit 'D' of Ordinance No. 062204-11 indicated the development resulted in a total of9,428 weekday trips. A comparison of the two anal results indicates a net reduction of wee Please contact us if y ou have q ue,stions or need additional information re this Sincerely, K4ATTERN&CRAIG WM. !� Principal /Project Manager WnVwta<n:\owgs\ 101-RZ\oocuMEmrsVsenewmuese zumzs.00c, Metes and Bounds description Portion of Tax Parcel No. 087.08 - 03-11.00 being rezoned to R -4C BEGINNING at an iron pin, being the common corner of South Peak Residences, LLC., Slate Hill 1 LLC. and Slate Hill 11, LLC.; thence leaving the property of South Peak Residences, LLC. and with the boundary line of Slate Hill 1, LLC. and Slate Hill 11, LLC. N 79 20' 54" E 36.10 feet to a point; thence with a new boundary line through the property of Slate Hill I, LLC the following three (3) courses: S 27° 36' 39" W 48.26 feet to a point; thence S 61° 55' 03" 111.89 feet to a point; thence N 28° 17' 13" W 42.08 feet to a point, being the common boundary line of Slate Hill 1, LLC. and South Peak Residences, LLC.; thence with the common boundary line of Slate Hill I, LLC. and South Peak Residences, LLC. the following two (2) courses: N 61° 48' 14" E 103.88 feet to an iron pin; thence N 79° 22' 10" E 14.24 feet to the "Point of Beginning" and containing 0.126 Acres, more or less. Metes and Bounds Description Portion of Tax Parcel No. 087.08 -03 -11.00 being rezoned to R -3C BEGINNING at a point on the southerly Right of Way line of Franklin Road (U. S. Route 220), being a common corner between Lowes Horne Center Inc. and Quail Valley Condominium Association Inc.; thence leaving the aforesaid Right of Way and with the common boundary line of Lowes Home Center and Quail Valley Condominium Association Inc. S 59 59' 13" W 1 feet to the "Actual Point of Beginning ", being the southwest corner of Lowes Home Center Inc.; thence S 59 59' 13" W 340.48 feet to a iron pin, being a corner of Lot 18, Revised Section 2, "Quail Ridge" recorded in Plat Book 26 at Page 197 in the Clerk's office of the Circuit Court of Roanoke County, Virginia; thence S 60° 44' 14" W 60.44 feet to a iron pin, being a corner of Lot 19, Revised Section 2, "Quail Ridge "; thence S 59° 59' 26" W 231.92 feet to an iron pin set, being a corner of Lot 23, Section 4 `Quail Ridge" recorded in Plat Book 27 at Page 132 in the Clerk's Office of the Circuit Court of Roanoke County, Virginia; thence S 58 12' 36" W 427.55 feet to iron pin, being a corner of Lot 28, Section 4 "Quail Ridge" and with the easterly boundary line of Lot 4A1, Section 17 "Hunting Hills" recorded in Plat Book 18 at Page 63 in the Clerk's Office of the Circuit Court of Roanoke County, Virginia; thence with the easterly boundary line of Lot 4A1, N 13 55' 33" W 52.83 to an iron pin set in the easterly boundary line of Lot 6, Section 15 Block 1 "Hunting Hills" recorded in Plat Book 9 at Page 218 in the Clerk's Office of the Circuit Court of Roanoke County, Virginia; thence N 30 23' 02" E 366.67 feet to an iron pin, being a corner of Lot 9, Section 15 Block 1 "Hunting Hills "; thence N 05 14' 49" E 135.05 feet to an iron pin, being a corner of Lot 10, Section 15 Block 1 "Hunting Hills "; thence N 29° 30' 31" W 44.94 feet to an iron pin set in the easterly boundary line of Lot 10, Section 15 Block 1 "Hunting Hills" and a corner of Old Heritage Corporation; thence leaving Lot 10, Section 15 Block 1 "Hunting Hills" and with the line of Old Heritage Corporation the following two (2) courses, N 51 13' 15" E 52.03 feet to an iron pin; thence N 29° 23' 12" W 271.89 feet to an iron pin set, begin the corner of Old Heritage Corporation and the southerly boundary line of Major Hill Jr. and Frances Hill Beane; thence N 60 36' 52" E 393.93 feet to an iron pin set, being the corner of C. F. Richards by Deed Book 66 at Page 239; thence N 24° 22' 59" W 316.10 feet to a iron pin set in the easterly boundary line of C. F. Richards; thence with a new boundary line through the property of Slate Hill I LLC the following five (5) courses, N 64 32' 14" E 9.88 feet to an iron pin set; thence with a curve to the left having a delta of 144° 21' 28 ", a radius of 51.00 feet, an arc length of 128.50 feet, a chord bearing N 82° 21' 32" E for a distance of 97.11 feet to an iron pin set; thence with a curve to the right having a delta of 53° 30' 04 ", a radius of 27.00 feet, an arc length of 25.21 feet, a chord bearing N 36° 55' 49" E for a distance of 24.31 feet to an iron pin set; thence with a curve to the left having a delta of 44 27' 04 ", a radius of 75.00 feet, an arc length of 58.19 feet, a chord bearing N 41° 27' 19" E for a distance of 56.74 feet to an iron pin set; thence S 80° 32' 30" E 35.64 feet to an iron pin set, begin a common corner of Slate Hill I LLC. and western Virginia Water Authority (Well Lot); thence with the Well Lot the following two (2) courses, S 09c27" 57" W 118.32 feet to an iron pin set; thence S 80° 32' 03" E 53.08 feet to an iron pin, being the common corner of Western Virginia water Authority (Well Lot) and Lowes Home Center Inc.; thence with the line of Lowes Home Center Inc. the following two (2) courses, S 29 03' 00" E 670.16 feet to an iron pin set; thence S 34 43' 14" E 137.19 feet to an iron pin at the "Actual Point of Beginning" and containing 11.940 Acres, more or less. Metes and Bounds description Portion of Tax Parcel No. 077.20 -01 -52.00 being rezoned to R -4C BEGINNING at an iron pin, being the common corner of South Peak Residences, LLC., Woodcliff Investments, LLC., Parcel 2 and Slate Hill II, LLC.; thence with the boundary line of Woodcliff Investment, LLC., Parcel 2 and Slate Hill II, LLC. S 85° 22`03" E 139.45 feet to a point; thence with a new boundary line through the property of Slate Hill II, LLC. the following two (2) courses: S 08 06' 48" W 353.20 feet to a point; thence S 27° 36' 39" W 307.56 feet to a point, being the common boundary line of Slate Hill II, LLC. and Slate Hill I, LLC.; thence with the common boundary line of Slate Hill I, LLC. and Slate Hill II, LLC. N 79° 20' 54" E 36.10 feet to an iron pin, being a common corner of Slate Hill I, LLC., Slate Hill il, LLC. and South Peak Residences, LLC.; thence leaving the property of Slate Hill I, LLC. and with the common boundary line of Slate Hill II, LLC. and South Peak Residences, LLC. the following two (2) courses: N 05 31' 35" 35.98 feet to an iron pin; thence N 08 02' 35" E 610.32 feet to the "Point of Beginning" and containing 1.700 Acres, more or less. fl %07- I MOVAINAW'd /I N, # "M W, 1 Qw 'W" N ME g r IF #�� Municode Page 1 of 4 IN (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) W. (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 I 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 * http0 / print. aspx? h= &clientID =1 2222 &HTMRequest= http %3a %2f... 6/21/2012 Municode 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 Fuel Center* 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 Page 2 of 4 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. http: llllbrary. municode .comlprint.aspx ?h= &clientlD = 12222 &HTMR.equest =http %3a ° /n2f .. 6/21/2012 Municode Page 3 of 4 . 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 --2 7-- ; 042297-14. § 1, 4-22-97: Ord, No. 042799-1 , § 2. 4- 27.99; Ord, No. 102803 -15. § 2, 10- 28 -03; Ord. No. 102505 -71 § 2. 10- 25 --05; Orel. No. 042208-16;, § 1, 4-22 - 8: Ord. No. 052411 -9, § 1, 5- 24-11) Sec. 30-54-3. - Site Development Re 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. http :lllibrary.municode. comlprint. aspx`?h= &clientID= 12222 &I ITMRequest =http %3 a %2f... 6121 /2012 Municode Page 4 of 4 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: bone. 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. . 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 un less 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°993) http:ll library .municode.comlprint.aspx ?h = &c ientID= 12222 &I ITMRequest = http %3 a %2f... 6/21/2012 municode Page I of 6 M-11-1 11, MR 11,1111" U-11 W_ 4 c i Purpose. (A) The purpose of the R -3, medium density multi - family residential district is to provide areas in the county within the urban service area where existing middle -high density residential development (six (6) to twelve (12) units per acre) has been established and land areas which generally appear to be appropriate for such development. This district is intended to coincide with the development and transition land use categories contained in the comprehensive plan. They are designated based on access to major streets, sewer and water, and schools with suitable capacity to accommodate development at the stated density, and where parcel sizes allow for well- planned residential development. The areas designated in this district are also intended to serve as a buffer between less intensive residential areas and more intensive office, commercial and industrial areas and districts. A variety of housing densities and styles is encouraged in order to permit a diversity and flexibility in design and layout. Additional standards are established to provide for amenities in higher density developments. fd. No. 042799-11, § If, 4-27-99: Ord. No,. 042208-16. § 1 4- 22 -08) r (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 Occupation, Type I Manufactured Home * Manufactured Home, Emergency Multi- family Dwelling * Residential Human Care Facility Single Family Dwelling, Attached Single Family Dwelling, Detached (For Zero Lot Line option - *} Single Family Dwelling, Attached and Detached (Cluster Subdivision option -- *} Temporary portable storage containers * Townhouse * Two Family Dwelling 2 • Civic Uses Community Recreation Family Day Care Home Park and Ride Facility * Public Parks and Recreational Areas Religious Assembly * Utility Services, Minor http Hllbrary. municode. com/ print. aspx? h=& el1entID = 12222 &HTMRequest= http %3a %2f%... 615/2012 Municode Page 2of6 3. Commercial Uses Boarding House 4 • Miscellaneous Uses Amateur Radio Tower (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 • Residen Uses Home Beauty /Barber Salon 2 • Civic Uses Adult Care Residences Cemetery * Crisis Center Cultural Services Day Care Center Educational Facilities, Primary /Secondary Safety Services * Utility Services, Major 3 • Industrial Uses Landfill, Rubble 4 . Miscellaneous Uses Outdoor Gatherings Wind Energy System, Small* (Ord. No. 62293-12, § 9, 6-22-93: rd. No. 82493-8. § 2, 8-24-931 O rd. No. 62795 -10. 6 -27-95 Ord, No, 042 799-1 1, 4;­27-991' Orr.. No, 042500-R § L 4-25-00 Ord. No. 042208-1 ., § 1. 4-22-08, Ord, No, 052609 -22. § 1 , 5-26-09 S S ite General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1 . All lots served by private well and sewage disposal systems: a• Area: 0.75 acre (32,670 square feet). b• Frontage: 90 feet on a publicly owned and maintained street. 2 • Lots served by either public sewer or water: a• Area: 20,000 square feet. b• Frontage: 75 feet on a publicly owned and maintained street. 3 • All lots served by both public sewer and water: a• Area: 7,200 square feet. b• Frontage: 60 feet on a publicly owned and maintained street. 4 • For minimum lot size and permitted densities for multi - family dwellings and townhouses refer to Article IV, Use and Design Standards. (B) Minimum setback requirements. http: llllbrary. municode comlprint. aspx h=& cl ientID= 12222 &HTMRequest= http %3 a %2f� /o... 6/5/2012 Municode Page 3 of d 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 10 feet. b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. I Rear yard: a• Principal structures: 25 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: 45 feet. b. Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures. (D) Maximum coverage. Building coverage: 35 percent of the total lot area for all buildings and 7 percent for accessory buildings. 2 • Lot coverage: 50 percent of the total lot area. (Ord No, 62293-12 § 1 6- 22-93) UP- - ,r' (A) The purpose of the R -4, high density multifamily residential district is to provide areas in the county within the urban service area where existing high density residential development (twelve (12) to twenty -four (24) units per acre) has been established and land areas which generally appear to be appropriate for such development. These areas should serve as a buffer between less intensive and more intensive districts. This district coincides with the recommendations for the transition and core land use categories contained in the comprehensive plan where residential development appears to be appropriate. These areas are designated based on direct access to major streets, and where sewer, water, and schools and other public services have suitable capacity to accommodate development at the stated density. An additional consideration is that the parcel sizes allow for well planned residential development. A variety of housing densities and styles is encouraged in order to permit a diversity and flexibility in design and layout. Additional standards are established to provide for amenities in higher density developments. ( Ord No, 042799-11, § If, 4 -2 7--99; Ord. No. 042208 -16, § 1, 4- 22 -08) (A) http: // library .municode.com /print.aspx` hh = &cllentlD =12222 &HTMRequest= http /o3a %2f /o... 6/5/2012 Municode Page 4 of 6 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 occupation, Type l Manufactured Home * Manufactured Home, Emergency Multi- family Dwelling * Residential Human Care Facility Single Family Dwelling, Attached Single Family Dwelling, Detached (For Zero Lot Line option - *} Single Family Dwelling, Attached and Detached (Cluster Subdivision option - *} Temporary portable storage containers Townhouse * Two Family Dwelling 2 • Civic Uses Community Recreation Family Day Care Home Park and Ride Facility Public Parks and Recreational Areas Religious Assembly * Utility Services, Minor 3 • Commercial Uses Boarding House 4 . Miscellaneous Uses Amateur Radio Tower (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. • Residential Uses Home Beauty /Barber Salon 2 • civic Uses Cemetery * Crisis Center Cultural Services Day Care center Educational Facilities, Primary /Secondary Safety Services * Utility Services, Major 3 • Industrial Uses Landfill, Rubble 4 • Miscellaneous Uses Outdoor Gatherings http. ibrary .municode.comlprint.aspx ?h= &c ient1D 12222 &HTMRequest= http %3a %2No... 61512012 Municode Page 5 of 6 Wind Energy System, Small* (0a. 1. No. 62293., 2. § 9. - e'2µ931 Ofd. No. 82493 -8, § 2. -24 -93 Ord. No . 62795 -10, - 7--95; Ord, No. 042 500- 9, 1. 4-25-00: Ord. No, 042208-16. § 1, 4-22-08: 0� � , No, 052609-22, § 1, 5-26-.091 Ord. No. 030811 - 1. § 1 3-8-11) Sec. 30-46-3. - Site Development Re 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: 0.75 acre (32,570 square feet). b. Frontage: 90 feet on a publicly owned and maintained street. 2 • Lots served by either public sewer or water: a. Area: 20,000 square feet. b • Frontage: 75 feet on a publicly owned and maintained street. 3. Lots served by both public sewer and water: a• Area; 7,200 square feet. b• Frontage: 00 feet on a publicly owned and maintained street. 4. For minimum lot size and permitted densities for multi - family dwellings and townhouses refer to Article IV, Use and Design Standards. (B) Minimum setback requirements. 1. Front yard: a• Principal structures: 30 feet. b• Accessory structures: Behind the front building line. 2. Side yard: a• Principal structures: 10 feet. b• Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 10 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 2 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: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures. (D) Maximum coverage. http:ll li brary. municode. comlprint. aspx ?h = &cllentID 12222 &IITMRequest = http %3a %2flo... 6/5/2012 Municode Page 6 of 6 . Building coverage: 35 percent of the total lot area for all buildings and 7 percent for accessory buildings. 2 . Lot coverage: 75 percent of the total lot area. 10rd. No. 622 3 -1 � 10, 6-22-93) http.// library .municode.comlprint.aspx`1h &clientlD =1 2222 &HTMRequest= http %3a %2No... 6/5/2012 NI AP PgATED VERIE Y By ✓/ oarQ � � DATE �o��T AT A REGULATING OF THE BOARD OF SUPERVISORS of ROANOKE COUNTY , VIRG LP AT THE ROAN 0KE C 0 U NT Y ADM ON CENTER, TUESDAY, JUN 04' ORDINA 204 -11 TO CHANGE THE ZONING CLASSIFICATION of A IOTA 9S�ACRE LOCATED AT 4486 SUMMIT STREET (TAX MAP No 14, 77.20 ,-1 -4 77,20 77, -1 -64, 77.20 ,-1 -56, PART OF TAX o. 87.08 -3 -11) IN THE CAVE SPRING MAGISTERIAL DISTRIC M THE ZONING CLASSIFICATIONS of C -2 CONDITI 4, AND C -"I TO THE ZONING CLASSIFICATION of C- WITH CONS UPON THE APPLICATION of SLATE HILL I, LLO, SLATE H LC, AN D WOODCLIFF INVESTMENTS, LLC WHEREArst reading of this ordinance was held on February 24, 2004, and the second read public hearing were continued from March 23, 2004, April 27, 004, May I d . une�2 and, WHEREA�oanoke County Planning Cornmission held a public hearing on this ,natter whic$ntinued from March 2, 2gg4, and held on April 8, 2004; and WHEREI notice and advertisement has been provided as required by law. BE IT old by the Board of Supervisors of Roanoke County, Virginia, as follows I 1. Th oning classification. of a certain tract of real estate containing a total of 29.98 act described herein, and located at 4466 Summit Street (Tax Map Numbers 77.20- 20-1 -4 77-20-1 -52, 77.20-1-54, 77.20 -1 -65, Part of Tax Map No. _ ;; in th Spring p g 87.08 -3-11 'Magisterial District, is hereby changed from the zoning g classification of ($eneral Commercial District with conditions, R -3, Medium Density Multi - Family Re4l, and C -1, Office District to the zoning classification of C -2 General Commerptrict with conditions. 2. ThOction is taken upon the application of Slate Hill I, LLC, Slate Hill II, I LLc, and Woodcliff Investments, LLC. 3. That a portion of this property was rezoned to C2c by ordinance 102897 -1 at which time the Petitioner proffered the following conditions which are hereby REPEALED: Petitioner proffers to build the Loge's store ire substantial conformity with the preliminary site plan, dated October l, 1 997. Except that Lowe's will flip the p p location of the garden center and the truck loading docks to the northern ro ert are p p Y a of the proposed project. (2) Petitioner proffers that if any out parcel that requires C-2 zoning is proposed on this site or the adjoining site of White louse Antiques it will be subject to a special use permit regardless of the 2 use proposed. This will allow the Planning g Commission and the Board of Supervisors the opportunity to review traffic Pp y impacts, circulation and access issues. . (3) Petitioner proffers to retain the existing vegetation between the Petitioner's site and the property of Quail Valley condominiums. The onl y exception to this wi I I be the removal of vegetation that is necessary for imp rovements to the access road for the existing residential properties, (4) If any of the residential homes on Washington Road remain Petitioner proffers to upgrade, pave and maintain Washington Road to p rovide continuous adequate i and safe access to these houses. This upgrade will be to a standard acceptable to the County and reviewed during the site plan review p rocess. 4. That the owner of the property has voluntarily proffered in writin g conditions attached hereto as Exhibit 1, which the Board of Supervisors of Roanoke County, Virginia y� 2 hereby accepts. 5. That said real estate is more fully described as follows: Tax Map No. 77.20 -1- -3 — CI to C2C Tax Map No. 77.20-1-4 -- C1 to C2C Tax Map No. 77.20 -1 -52 — R3 to C2C Tax Map No. 77.20 -1--54 — CI to C2C Tax Map No. 77.20- -1--55 — C1 to C2C Portion of Tax Map No. 87.08- -3 -11 - R3 to C2C The metes and bounds of the above - mentioned parcels are further set out on the attached Exhibit 2. . 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the p rovisions of this ordinance be, and the same hereby are, repealed. The Zonin g Administrator is directed to amend the zoning district reap to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Wray to adapt the ordinance with revised proffers dated June 22, 2004, and carried by the following recorded vote: AYES: Supervisors McNamara, Church Wray, Altizer, Flora . NAYS: none A COPY TESTS: Brenda J. Halton, CIVIC Deputy Clerk cc: File Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William Driver, Real Estate valuation Paul Mahoney, County Attorney 3 PROFFERS REVISED June 22, 2004 Address of Subject Property: 4486 Summit Street Roanoke, VA, 24014 Tax Map No.: 077-20-01-03 077.20 -01 -04 077.20 -01 -52 077.20 -01 -54 077.20-01-55 087.08 -03 -11 Applicant's/Owner's Name: Slate Hill 1, LLC Slate Mill ll, LLC Woodcliff Investments, LLC The undersigned owner does hereby proffer the following conditions in conjunction with the rezoning request: 1. Uses a. The C-2 uses set forth on the attached Exhibit A would be prohibited. b. Zones shall be as depicted on the plat attached hereto as Exhibit 10 2. Slopes a. A geo-technical report from a certified geo- technical engineer shall be required to verify slope stability and stabilization methods, and design values for retaining structures, b. Slope maintenance escrow/trust account, between Roanoke County and he landowner, in an amount $104 000 shall be required for a HPU: A0 10- term4 to insure the continued safety and maintenance of all common areas for the Slate Bill development as defined by slopes, retaining walls, and private roads. 3. Buildings a. Height, Building height shall not exceed 50 feet (as measured p er the Roanoke County Zoning ordinance) unless underground parking is provided. Then building height shall not exceed 65 feet, except in ,done 3 where the height shall not exceed 75 feet for development of a hotel; otherwise, 65 feet. Any building constructed above the base level of 1335' elevation mark which exceeds the 1385' elevation mark(as measured per the Roanoke County Zoning Ordinance) will be required to have underground parking. In addition, any building that exceeds 50' in height, regardless of the base elevation will be required to have and ergro and a parking except for the motel. Thus, there are two situations in which underground parking may be required. b. Size: The combined square footage allowed in the Zones 3 and 4 will not exceed 365,000 square feet: please see attached trip generation data (Exhibit D). The 100,000 square foot maximum is the gross area of any building located in Zones 3 and 4. The maximum allowed footprint will not exceed 90,000 square feet. c. Materials: Acceptable building finishes include brick, good, vinyl or composite wood substitute, glass, stucco or exterior insulated finish system (EIFS), split -face colored concrete block, stone or east stone. Structures constructed in Zones 3 and 4 will be similar in appearance, materials and design. d. Roofs: Rooflines of the buildings predominantly visible from route 220 and Route 419 shall be articulated. Acceptable roof materials include standing seam metal, copper, composite slate tile or shingles. e. Building Colors: The predominant building colors shall be tan, brown, gray, beige, natural color buck, natural stone. f. Facades: The facades of buildings predominantly visible from Route 220 and Route 419 shall have vertical plane relief. g. In order to protect the integrity of the Roanoke County water tank, lines, and steep slopes and in order to protect public safety, the developer shall submit an engineering report stating that the November 13, 2003 approved . grading plan will not adversely impact the County's water tower and related facilities. Any further grading in Zones 3 and 4 will require the submission and approval of a fully engineered site plan. 4. Road a. Curbing shall be required throughout the entire road system. The curb and. gutter configuration shall be standard VDOT designs for appropriate conditions. b. The roads shall be in the approximate location as set forth on the "Slate Bill Proposed Roadway and Development Plan" dated January 20, 2004, prepared by Rife & Wood Architects, attached hereto as Exhibit B. In the event VD OT does not grant permission to construct a portion of the road on the VDQT property as shown on said plan, the approximate road location shall be as set forth on the "Slate Hill Proposed Roadway and Development Flan" dated December 11, 2003, prepared by Rife & Wood Architects, attached hereto as Exhibit C. c. All parking and vehicular circulation surfaces shall have asphalt top. Base and underlayment shall be as determined by recommendations from geo technical engineer. d. roadway widths shall be a nu*nimum of 24 feet from base of curb to base of curb. Maximum road grade shall be 16 %. There shall be no on- street parking allowed. e. Minimum 5 -foot wide concrete sidewalks shall be installed to connect all buildings within Zone 4. 5. Access a. Petitioner shall make all necessary improvements to Electric Road (Route 419), valley Avenue and Franklin Road (Route 220) as required by the traffic im pact study and by VDOT. 6. Ridgeline a. Building height shall not exceed 1384' elevation mark in Zone 3 and 1394' elevation mark in Zone 4, and all building elevations shall be shown on the site plan. 7. Utilities a. All utilities shall be underground from the point of the utility transformer to the interior of the site. b. Mere design parameters allow, all utilities shall share a common trench. c. Donate mm' ft Turn 20 -foot easements to the public for water and sewer to the boundaries of the property upon approval of the final site development plan. 8. Retaining Walls a. Height: Maximum of 15 feet. b. Distance in between galls: Minimurn of 4 feet. c. Color and Texture: Tan, brown, gray, beige, natural color brick, natural stone. walls shall be textured. d. Landscaping; one medium sized (5 -10 feet @ maturity) shrub for every 12 feet of linear wall. Shrubs shall be a mix of deciduous and evergreen. Shrubs may be grouped together. Landscaping behind retaining walls shall be as indicated by engineering designs for the galls. e. A. Professional Engineer shall design all retaining walls. 9 Landscaping a. Trees shall be planted along the private entrance road every 30 feet, min irnum 2 112 - inch caliper, 50% native species. Flowering species that are street and urban conditions tolerant shall be utilized. 10. Site Lighting a. No freestanding light pole, including fixture, shall be more than 22 feet above grade. All exterior lights, including security lighting, shall be down -lit or shielded so as not to directly glare onto adjoining streets or properties. The intensity at adjoining streets or properties shall not exceed 0.5-foot candles. b. All street lighting shall be designed to complement the architecture of the adjacent buildings. 11. Slgnage a. No more than three (3) business signs shall be permitted for each business. b. Restricted signs: The following signs shall be prohibited: off - premise signs, portable signs, temporary signs, and changeable copy signs. c. Signage shall complement the buildings' architectural style. Colors shall be in the range acceptable for buildings. d. All freestanding signs shall be monument type, shall not exceed 10 feet in height or 12 feet in width and signs shall be channel lit, ground lit or top lit with shielded lamps placed so as to not cast light onto the path of traffic or adjoining properties. e. All signs shall be complemented, accented and enhanced by landscaping. f. One monument -type sign shall be allowed on the Route 220 side of the development. The height of the monument sign shall be limited to 25 feet. 12. Parking a. No gravel parking areas shall be allowed. All surface parking in excess of Roanoke County standards shall be constructed of materials as recommended by the geo- technical engineer. 13. Storm. water Management a. Outfalls shall be through level spreaders and have a 25 -foot riparian buffer as a separation between the discharge point and the concrete culvert. Other design options may be employed if approved by the Roanoke County Engineering R ep artment and VD OT. b. All drainage ways shalt be piped or grass swat es. No rip -rap or concrete drainage ways shall be permitted. c. Retention Requirements: 10-year post development equal to or less than 2 -year pre - development and 25 -year post equal to or less than 2 -year pre- development. . ApplicanVOwnen SLATE MILL I, LLC By Zt7��.� Hunter Smith, Manager SLATE HILL 11, LLC By Hunter Smith, Manager OODCLIFF INVESTMENTS, LLC B y z. Hunter Smith, Manager Exhibit A Slate Hill Proffered -out [Uses PERMITTED USES IN G-2 DISTRICT l. Residential Uses Accessory Apartment Home Occupation, Type I Multi - Family Dwelling Two - Family Dwelling 2. civic Uses Park and Ride Facility Post Office Public Parks and Recreation Areas Utility Services, Minor 3. office Uses None ................. 4. Commercial Uses Agricultural Services Bed and Breakfast Boarding House Commercial Outdoor Entertainment Gasoline Station Pawn Shop Commercial Indoor Sports & Recreation Commercial outdoor Sports & Recreation 5. Industrial Uses Recycling Centers and Stations 6. Miscellaneous Uses Amateur Radio Tourer Parkina Facility i\ JO LLYI SYS IUSERS\CBaumgardner\ZQNING\Slate Hill - USES- C2,doc Page 1 of 2 Exhibit A Slate Hill 1. 2, Special Use Permit Civic Uses Halfway House Religious Assembly Utility Services, Major Commercial Uses Automobile Dealership, Used Autornob' le Repair Services, Maj Car Wash Convenience Store Dance Hall Equipment Sales and Rentals Manufactured Hahne Sales Mini - Warehouse Recreational Vehicle Sales and Ser Surplus Sales 'ruck Stop 3. Industrial Uses Custom Manufacturing La ndfil 1, Rubble Transportation Terminal 4. Miscellaneous Uses Outdoor Gatherings II JOLLY1 SYSlUSERS \GSaumgardner\ZONINGISIate Hill- USES- C2.dac Page 2 of 2 l a I a s 7 +rte A t _ r �. 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I - �';' V -! lnc - - � i " i -t - ;, L -, pri - 't - L � ;0 , � � . . - I- - � , , , , I M"O". , - J ... - fl , , r , . - IT y j� . i� 1�2. - '. MI. M . 1 I . I ..... !!. - - ,...'� .k 4 , ,:- ... ,I'T, � ., . V-111, '. - 1 1 't 2;. " � " # -Y., w r. I�S� ' t. ,.--L , - . :Yiv . � � .. -a �, . J) . L" ... .. �� 1; .-- ... A .. - ,.-.; �- - - - . �1.1. .r - '-% .. . :� 1�1!!A 1-1% ,;-7 'P-11'!�;In� - - ... A . . .� . .. .. .. j'. . 1 4 'q .- . - .. - .... . j f . -J: : . , - - 'A � 'if - Al-a"XMLV� 1 Z�-�, . . !-K! - Aff5i - . . . w w I.W , a . .1 . Lt.. ;w - IK .4 - --- � . . I : � 11 ------ -- - . Municode Page 1 of 2 MUlti-f Dwellin (A) Intent. The following minimum standards are intended to accommodate multi - family dwellings, ensuring adequate separation and other design characteristics to create a safe and healthy residential environment while protecting adjoining uses which are less intensive. (B) General standards: 1. Minimum front yard setback: Thirty (30) feet from any street right -of -way for all structures. 2 • Minimum side yard setback: Twenty (20) feet for principal structures. 3. Minimum rear yard setback: Twenty -five (25) feet for principal structures. 4 • Additional setbacks in the form of a buffer yard shall be required in accordance with Section 30 -92 where the property adjoins a less intensive zoning district. 5. Each multi - family building shall be separated by forty (40) feet between facing living areas. This separation may be reduced to twenty (20) feet when both multi - family buildings contain windowless walls. 6 • Where buildings are placed at right angles (ninety (90) degrees) to one another and both interior walls are windowless, the minimum separation of buildings shall be twenty (20) feet. 7 • Standards for open space and recreational areas required below: a• Shall be in addition to any buffer yard required under Section 30 -92 of this ordinance; b. Shall be in addition to and not be located in any required front, side or rear yard setback; C. Shall have a horizontal dimension of at least fifty (50) feet, except that areas with a horizontal distance of not less than twenty (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.; d • Shall not include proposed street rights -of -way, open parking areas, driveways, or sites reserved for other specific uses; and, e. Shall be of an appropriate nature and location to serve the residents of the multi - family development. $. Provisions must be made for vehicular access and turn around for regularly scheduled public service vehicles such as trash collection. (C) Additional standards in the AV district: Minimum lot size: Twenty thousand (20,000) square feet for the first dwelling unit, plus five thousand (5,000) square feet for each additional unit. 2. When adjoining a lot containing a single family dwelling, a Type C buffer yard as described in Section 30 -92 shall be provided. (D) Additional standards in the R -3 district: 1. Minimum lot size: Seven thousand two hundred (7,200) square feet for the first dwelling unit, plus three thousand six hundred thirty (3,030) square feet for each additional unit. http : / /library.muni code .com /print.aspx ?h= &clientlD= 12222 &I ITMRequest= http� /o3 a %2f... 6/21/2012 Municode Page 2 of 2 2. Maximum density: Twelve (12) dwelling units per acre. 3 • The property shall be served by public sewer and water. 4 • Common open space and recreational areas required: Five (5) percent of the total lot area for parcels of two (2) to five (5) acres, and ten (10) percent for parcels over five (5) acres. No open space is required for parcels under two (2) acres. (E) Additional standards in the R -4 district: 1. Minimum lot size: Seven thousand two hundred (7,200) square feet for the first dwelling unit, plus one thousand eight hundred fifteen (1,815) square feet for each additional unit. 2 • Maximum density: Twenty -four (24) dwelling units per acre. 3 • The property shall be served by public sewer and water. 4 • Common open space and recreational areas required: Five (5) percent of the total lot area for parcels of two (2) to five (5) acres, and ten (10) percent for parcels over five (5) acres. No open space is required for parcels under two (2) acres. (F) General standards in the C -1 and C -2 districts, independent of the general standards above: The multi- family use shall be allowed only in the same structure as, and in conjunction with, an associated civic, office or commercial use type. 2 • The civic, office or commercial use type must occupy at least fifty (50) percent of the gross floor area of the structure. (Ord. No. 042 799 -11, § 2, 4­27-99) http *Hlibrary.municode. cony . /print.aspx?h= &clientID 12222 &HTMRequest= http %3a ° /`2f... 612I/20I2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JULY 24 ORDINANCE REZONING 11.411 ACRES FROM R -3, MEDIUM DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT, AND C -2C, GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS, TO R -4C, HIGH DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT, WITH CONDITIONS, IDENTIFIED AS AREA "A" ON THE CONCEPT DEVELOPMENT PLAN FOR 176 MULTI - FAMILY RESIDENTIAL UNITS; AND TO REZONE 11.940 ACRES FROM R -3, MEDIUM DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT, TO R -3C, MEDIUM DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT, WITH CONDITIONS, IDENTIFIED AS AREA "B" ON THE CONCEPT DEVELOPMENT PLAN WITH A PROFFERED DENSITY LIMIT OF 23 SINGLE FAMILY RESIDENTIAL UNITS, INVOLVING SEVERAL PROPERTIES (077.20 -01- 48.01 -0000 AND 077.20 -01- 50.00 -0000; AND PORTIONS OF 077.20 -01- 52.00 -0000 AND 087.08 -03- 11.00 -0000) LOCATED AT 4240 ELM VIEW ROAD, 4252 ELM VIEW ROAD, AND 4486 SUMMIT STREET, CAVE SPRING MAGISTERIAL DISTRICT, UPON THE APPLICATION OF SOUTH PEAK RESIDENCES LLC, ET ALS. WHEREAS, the first reading of this ordinance was held on June 26, 2012, and the second reading and public hearing were held July 24, 2012; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 3, 2012; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing approximately 11.411 acres, as described herein, and located at 4240 Elm View Road, 4252 Elm View Road and 4486 Summit Street (Tax Map Numbers 077.20 -01- 48.01 -0000 and 077.20 -01- 50.00 -0000; and portions of 077.20 -01- 52.00 -0000 and 087.08- 03- 11.00- 0000) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R -3, Medium Density Multi - Family Residential District, and C -2C, General Page 1 of 3 Commercial District, with conditions, to R -4C, High Density Multi - Family Residential District, with conditions, identified as Area "A" on the Concept Development Plan for 176 multi - family residential units; and to rezone 11.940 acres from R -3, Medium Density Multi - Family Residential District, to R -3C, Medium Density Multi - Family Residential District, with conditions, identified as Area "B" on the Concept Development Plan with a proffered density limit of 23 single family residential units, involving several properties. 2. That this action is taken upon the application of South Peak Residences, LLC; Slate Hill I, LLC; Slate Hill II, LLC; DNAL Holdings III, LLC; Elm View, LLC; M &H Holdings, LLC; McNeil Properties, LLC; Patton Place, LLC; South Peak Hotel, LLC; Woodcliff Investments, LLC; and the Western Virginia Water Authority. 3. That the owner of the property has voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: A. With respect to the property described on the attached Exhibit A (the Area A tract): 1. Area A will be developed in substantial conformity with the Concept Development Plan made by Mattern & Craig dated June 14, 2012 subject to such changes as may be required by Roanoke County during comprehensive site plan review. 2. The height of any building in Area A shall not exceed sixty (60) feet (as measured by the Roanoke County Zoning Ordinance). 3. All facades and finishes of buildings in Area A shall be of similar design, colors, materials and detailing as shown on the rendering prepared by Jones and Jones dated September 9, 2011, and attached hereto as Exhibit A -1 . 4. No freestanding light pole, including fixture, shall be more than eighteen (18) feet above grade. All exterior lights, including security lighting, shall be down -lit or shielded so as not to direct glare onto adjoining streets or properties. The intensity at adjoining streets or properties shall not exceed 0.5 -foot candles. All street lighting shall be designed to complement the architecture of the adjacent Page 2 of 3 buildings. 5. All residential buildings in Area A shall be connected by sidewalks. B. With respect to the property described on the attached Exhibit B (the Area B tract): 6. Area B shall be developed only for single - family dwellings. 7. Area B shall be subdivided such that no more than twenty -three (23) single - family dwellings shall be constructed thereon. 8. A sidewalk or walking trail shall be installed along one side of the streets to be developed in Area B. 9. A row of evergreen trees shall be installed along the southern boundary of Area B which adjoins tax map parcels 87.08 -06 -16.00 through 87.08 -06 -28.00 inclusive, planted twenty (20') feet on center. 4. That said real estate is more fully described as follows: Being 11.411 acres and 11.940 acres of real estate located at 4240 Elm View Road, 4252 Elm view Road, and 4486 Summit Street and further described as Tax Map Nos. 077.20 -01- 48.01 -0000 and 077.20-01-50.00 - 0000; and portions of 077.20 -01- 52.00 -0000 and 087.08 -03- 11.00 -0000. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 3of3 �i Ned ININdOlIA30 ld30NOO 4 � x co QO _�` __�_ ,r,dr.; '•'8 r•+a� -s,.p '�* ix.rii isJS iCt � �� � . __ w� tirr -?.W :bra ;�� 3sAJ'l?'k1 ;�nriw3� � : 3 r �•— �• ►rop � i.e�s au .,reV uxs, Xfd 4{M � � U A sY1 +.Iva +: VA `37OWN rYxQ paxre r1 YP1� - LK [Cr51 1Y1 N r+cf tK i c►sl � r NVId 1N3Y4da13A3a 1d33NO3 g ! R ._ _.... __, _ vW . �'9•C S�f 'lik�rf ■ f7i;lr.7.1 _ h 1 T7 9 r 3] � � � �� s�c�} — iticKsnaH :aicq ani M d RU)OS }