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Home My WebLink About8/28/2012 - Regular Î±¿²±µ» Ý±«²¬§ Þ±¿®¼ ±º Í«°»®ª·±® ß¹»²¼¿ ß«¹«¬ îèô îðïî Ù±±¼ ¿º¬»®²±±² ¿²¼ ©»´½±³» ¬± ±«® ³»»¬·²¹ º±® ß«¹«¬ îèô îðïîò Î»¹«´¿® ³»»¬·²¹ ¿®» ¸»´¼ ±² ¬¸» »½±²¼ ¿²¼ º±«®¬¸ Ì«»¼¿§ ¿¬ íæðð °ò³ò Ð«¾´·½ ¸»¿®·²¹ ¿®» ¸»´¼ ¿¬ éæðð °ò³ò ±² ¬¸» º±«®¬¸ Ì«»¼¿§ ±º »¿½¸ ³±²¬¸ò Ü»ª·¿¬·±² º®±³ ¬¸· ½¸»¼«´» ©·´´ ¾» ¿²²±«²½»¼ò Ì¸» ³»»¬·²¹ ¿®» ¾®±¿¼½¿¬ ´·ª» ±² ÎÊÌÊô Ý¸¿²²»´ íô ¿²¼ ©·´´ ¾» ®»¾®±¿¼½¿¬ ±² Ì¸«®¼¿§ ¿¬ éæðð °ò³ò ¿²¼ ±² Í¿¬«®¼¿§ ¿¬ ìæðð °ò³ò Þ±¿®¼ ±º ©©©òÎ±¿²±µ»Ý±«²¬§Êßò¹±ªò Ñ«® ³»»¬·²¹ ¿®» ½´±»¼ó½¿°¬·±²»¼ô ± ·¬ · ·³°±®¬¿²¬ º±® »ª»®§±²» ¬± °»¿µ ¼·®»½¬´§ ·²¬± ¬¸» ³·½®±°¸±²» ¿¬ ¬¸» °±¼·«³ò ×²¼·ª·¼«¿´ ©¸± ®»¯«·®» ¿·¬¿²½» ±® °»½·¿´ ¿®®¿²¹»³»²¬ ¬± °¿®¬·½·°¿¬» ·² ±® ¿¬¬»²¼ Þ±¿®¼ ±º Í«°»®ª·±® ³»»¬·²¹ ¸±«´¼ ½±²¬¿½¬ ¬¸» Ý´»®µ ¬± ¬¸» Þ±¿®¼ ¿¬ øëìð÷ ééîóîððë ¿¬ ´»¿¬ ìè ¸±«® ·² ¿¼ª¿²½»ò Ð´»¿» ¬«®² ¿´´ ½»´´ °¸±²» ±ºº ±® °´¿½» ±² ·´»²¬ò ßò ÑÐÛÒ×ÒÙ ÝÛÎÛÓÑÒ×ÛÍ øíæðð °ò³ò÷ ïò Î±´´ Ý¿´´ îò ×²ª±½¿¬·±²æ Ó¿¸¿®¿¶¿ Í¸¿®³¿ Í¸¿²¬·²·µ»¬¿² Ì»³°´» íò Ð´»¼¹» ±º ß´´»¹·¿²½» ¬± ¬¸» Ë²·¬»¼ 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¼»·¹²¿¬·±² º±® ¬¸» «» ±º ¬¸» °®±½»»¼ ¿²¼ ¿ ¼»´¿§»¼ »ºº»½¬·ª» ¼¿¬» øÐ¿«´ Óò Ó¿¸±²»§ô Ý±«²¬§ ß¬¬±®²»§÷ îò Ì¸» °»¬·¬·±² ±º ßò Þò Ø¿³³±²¼ ¬± ®»¦±²» ¿°°®±¨·³¿¬»´§ ìéòé ¿½®» º®±³ ÛÐô Û¨°´±®» Ð¿®µô Ü·¬®·½¬ ¬± ßÙóíô ß¹®·½«´¬«®¿´ñÎ«®¿´ Ð®»»®ª»ô Ü·¬®·½¬ô ´±½¿¬»¼ ±ºº Ø¿³³±²¼ Ü®·ª»ô Ê·²¬±² Ó¿¹·¬»®·¿´ Ü·¬®·½¬ øÐ¸·´·° Ì¸±³°±²ô Ü»°«¬§ Ü·®»½¬±® ±º Ð´¿²²·²¹÷ íò Ì¸» °»¬·¬·±² ±º Ý¸®·¬ ¬¸» Õ·²¹ Ð®»¾§¬»®·¿² Ý¸«®½¸ ¬± ¿³»²¼ ¬¸» °®±ºº»®»¼ ½±²¼·¬·±² ±² ¿°°®±¨·³¿¬»´§ ìòé ¿½®» ¦±²»¼ ÝóïÝô Ñºº·½»ô Ü·¬®·½¬ ©·¬¸ ½±²¼·¬·±²ô ¿²¼ ¬± ±¾¬¿·² ¿ °»½·¿´ «» °»®³·¬ º±® ®»´·¹·±« ¿»³¾´§ô ´±½¿¬»¼ ·² ¬¸» îìðð ¾´±½µ ±º Û´»½¬®·½ Î±¿¼ øÎ±«¬» ìïç÷ ¿²¼ ²»¿® ¬¸» ·²¬»®»½¬·±² ±º Í¬±²»§¾®±±µ Ü®·ª» ¿²¼ Þ®·¼´» Ô¿²»ô É·²¼±® Ø·´´ Ó¿¹·¬»®·¿´ Ü·¬®·½¬ øÐ¸·´·° Ì¸±³°±²ô Ü»°«¬§ Ü·®»½¬±® ±º Ð´¿²²·²¹÷ ìò óîç ¿²¼ íðóèèóî ±º ¬¸» Î±¿²±µ» Ý±«²¬§ Ý±¼» ¬± °®±ª·¼» º±® ¼»º·²·¬·±² ¿²¼ ¬± »¬¿¾´·¸ ¬¿²¼¿®¼ º±® Î»·¼»²¬·¿´ Ý¸·½µ»² Õ»»°·²¹ øÐ¿«´ Óò Ó¿¸±²»§ô Ý±«²¬§ ß¬¬±®²»§÷ Ïò ÒÛÉ ÞËÍ×ÒÛÍÍ ïò Ô±½¿´ Ù±ª»®²³»²¬ º±® Í«¬¿·²¿¾·´·¬§ øÐ¿«´ Óò Ó¿¸±²»§ô Ý±«²¬§ ß¬¬±®²»§÷ Îò Ý×Ì×ÆÛÒ ÝÑÓÓÛÒÌÍ ßÒÜ ÝÑÓÓËÒ×ÝßÌ×ÑÒÍ Íò ÎÛÐÑÎÌÍ ßÒÜ ×ÒÏË×Î×ÛÍ ÑÚ ÞÑßÎÜ ÓÛÓÞÛÎÍ ïò îò Ý¸¿®´±¬¬» ßò Ó±±®» íò Ó·½¸¿»´ Éò ß´¬·¦»® ìò ëò Î·½¸¿®¼ Ýò Ú´±®¿ Ìò ßÜÖÑËÎÒÓÛÒÌ Ð¿¹» ì ±º ì AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 28, 2012 RESOLUTION ESTABLISHING A POLICY REGARDING OPENING INVOCATIONS BEFORE MEETINGS OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY WHEREAS, The United States Supreme Court in Marsh v. Chambers, 463 U.S. 783 (1983) upheld the Nebraska Legislature’s practice of opening each day of its sessions with a prayer by a chaplain paid with taxpayer dollars, and specifically concluded, “The opening of sessions of legislative and other deliberative public bodies with prayer is deeply embedded in the history and tradition of this country. From colonial times through the founding of the Republic and ever since, the practice of legislative prayer has coexisted with the principles of disestablishment and religious freedom;” and WHEREAS, The United States Supreme Court has ruled that invocations at meetings of local governing bodies must be non-sectarian in order to be permissible under the Constitution; and WHEREAS, the Fourth Circuit Court of Appeals has also ruled that it is unconstitutional during an invocation before a local legislative body to pray in the name of a particular religious figure; and WHEREAS, THE Fourth Circuit has also upheld in Simpson v. Board of Supervisors of Chesterfield County,404 F.3d 276, the policy and practice of the Chesterfield County Board of Supervisors, which afforded religious leaders an opportunity to give a “non-sectarian” prayer at the start of board meetings; and, Page 1 of 4 WHEREAS, the Fourth Circuit in Joyner v. Forsyth County, 653 F.3d 341 (21011) has also applauded the policy and practice of Chesterfield County since it aspired to non-sectarianism and requested that invocations refrain from using Christ’s name, or for that matter, any denominational appeal; and, WHEREAS, the Board of Supervisors of Roanoke County wishes to solemnize its proceedings by allowing for an opening invocation before each of its meetings, and now desires to adopt this formal written policy to clarify and codify its invocation practices; and, WHEREAS, this policy of the Roanoke County Board of Supervisors is based upon these aforementioned judicially approved policies and practices. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, as follows: 1. That said Board establishes the following policy regarding invocations at meetings of the Board of Supervisors. A. That invocations opening meetings of the Roanoke County Board of Supervisors must be non-sectarian with elements of the American civil religion, and must not be used to proselytize or advance any one faith or belief or to disparage any other faith or belief. B. That it is the intent of the Board to allow private citizens to solemnize the proceedings of the Board of Supervisors. It is the policy of the Board to allow for an invocation, which may include a prayer, a reflective moment of silence, or a short solemnizing message, to be offered before its meeting for the benefit of the Board. C. That the purpose of the invocation is to invoke divine guidance for the Board in the conduct of their public business and to solemnize the proceedings. The invocation and its content do not represent the views or religious beliefs of the County. The County believes in the Page 2 of 4 freedom of religion and welcomes into our community persons of any and all religious faiths and persons who hold no religious beliefs. D. That invocation should generally invoke the guidance of God as a supreme being but should not contain any references that are particular to any individual religion, denomination or sect. Invocations may not include references to religious figures such as Jesus Christ or Muhammad, to images such as a crucifix, or to teachings from such sources as the Koran or Book of Mormon. E. That the invocation may not include language indicating that the prayer is given in the name of any religious figure. F. That no member or employee of the County or any person in attendance at the meeting shall be required to participate in any prayer or invocation that is offered. G. That no invocation speaker shall receive compensation for his or her services. H. That the Clerk to the Board of Supervisors shall create a database of religious leaders and other individuals who wish to give invocations. This database shall be created from published lists of churches, synagogues, mosques, temples or other places of worship located in the County of Roanoke, the Counties of Montgomery, Botetourt, Bedford and Franklin, the Town of Vinton, and the Cities of Roanoke and Salem, and it shall include known ordained religious leaders of monotheistic religions with an established congregation in the named jurisdictions. In addition the Clerk shall publish a notice in the Roanoke Times inviting any interested person to give an invocation, and also post such notice on the County’s website and on RVTV. In November of each year the Clerk shall send a letter to all individuals on this database inviting them to give an invocation at a Board meeting. The letter will include a schedule of proposed meeting dates for the following calendar year on which these individuals can request an available date. a. The Clerk will review all responses from these individuals and will prepare a schedule of leaders who will provide an invocation at each Board meeting. These individuals will be selected on a “first- Page 3 of 4 come first-serve basis”. The Clerk will call each individual at least two days prior to the meeting to remind them that they are scheduled to give an invocation. b. If a scheduled person should cancel, or fail to appear, the Clerk will attempt to schedule another person from the database, or the Clerk will arrange for a staff person to provide the invocation. I. That this Resolution shall be effective from and after the date of its adoption. Page 4 of 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 28, 2012 ORDINANCE APPROVING A LEASE WITH STELLARONE BANK FOR THIRTY-TWO (32) PARKING SPACES OF A LOT LOCATED AT 200 EAST CALHOUN STREET IN SALEM, VIRGINIA WHEREAS, the Roanoke County Department of Social Services (employing over ninety (90) people and providing services to Roanoke County, the Town of Vinton and the City of Salem) is housed in the former Salem Bank and Trust Building located at 220 East Main Street, Salem, Virginia; and WHEREAS, the first floor of the Salem Bank and Trust Building is leased by Roanoke County to StellarOne Bank; the Bank owns nearby property, which includes a parking lot located directly adjacent to the Department of Social Services offices and the Department’s existing on-site parking area consisting of thirty-four (34) spaces; and WHEREAS, staff has negotiated a lease of thirty-two (32) additional parking spaces from the Bank for use by the employees and clients of the Department of Social Services; and WHEREAS, no other suitable parcels or tracts of land are available for lease or sale to use for parking facilities to serve Social Services staff and clients near the Salem Bank and Trust Building. 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, Page 1 of 2 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 ordinance, the first reading of this ordinance was held on August 28, 2012, and the second reading of this ordinance was held on September 11, 2012. 3. That the execution of an agreement with StellarOne Bank to lease thirty- two (32) parking spaces in a parking lot located at 200 East Calhoun Street, Salem, Virginia, for use by Social Services staff and clients is hereby authorized. 4. That the lease term shall commence on November 1, 2012, and continue for a period of two (2) years, with the option to renew for an additional successive one (1)-year periods, upon the same terms and conditions contained in the agreement, unless terminated as provided in the agreement. 5. That the base rent shall be the sum of $720.00 per month ($22.50 per parking space), with a $25.00 per month annual increase upon renewal of the lease after the initial two (2)-year term. 6. That payment of rent shall be made from the funds available in the Salem Bank and Trust Account. 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 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 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMNISTRATION CENTER ON TUESDAY, AUGUST 28, 2012 ORDINANCE AMENDING CHAPTER 2 “ADMINISTRATION” OF THE ROANOKE COUNTY CODE BY THE ADDITION OF ARTICLE VII “CLOSED LANDFILL, INSTITUTIONAL CONTROLS”, AND PROHIBITING CERTAIN ACTIVITIES FOR THE PURPOSE OF PROTECTING THE INTEGRITY OF THE REMEDIAL MEASURES AT THE DIXIE CAVERNS LANDFILL SUPERFUND SITE WHEREAS, the first reading of this ordinance is scheduled for August 28, 2012, and the second reading and public hearing is scheduled for September 11, 2012. BE IT ORDAINED AND ENACTED by the Board of Supervisors of Roanoke County, Virginia as follows: Section 1. Chapter 2 “Administration” is amended by the addition of a new Article VII “Closed Landfill, Institutional Controls” as follows: §2-150. Background and Legislative Intent A. Roanoke County operated the Dixie Caverns County Landfill as a disposal site for municipal refuse, solvents and fly ash from 1965 to 1976. From 1967 to 1975 electric arc furnace air emission control dust (fly ash) from Roanoke Electric Steel Corporation was disposed at this site. When this landfill was closed in 1976 it was not capped. The site lies on a relatively steep ridge complex between two steep valleys, each of which contains an intermittent stream. The property consists of approximately 74.9 acres, 39 acres of which were used for the landfill, located at Dixie Caverns in Roanoke County, Virginia, together with undeveloped land, and is identified as Tax Parcel Number 063.00-01-14.00-0000 (hereinafter referred to as "Dixie Caverns Landfill"). Four areas at this landfill required remediation: a drum disposal area, the solvent contaminated sludge pit, the fly ash disposal area and a stream area. In 1987 Roanoke County entered into a Consent Agreement and Order with the Environmental Protection Agency (EPA) to clean up this site. A removal action was performed in 1988 to dispose of the drums and the contaminated sludge from the sludge pit. Dixie Caverns Landfill became a Superfund Site when it was listed on the National Priorities List in October 1989. Page 1 of 3 The Site was the focus of two Removal Actions and two Records of Decision (RODs). The only waste remaining at the Site is contained in a landfill area of the Site specifically constructed for it, as “concrete-like” stabilized blocks, and in a small pocket of fly ash- contaminated sediments, securely entombed deep in an inaccessible stream bank. This site was delisted from the National Priorities List in September 2001. § 2-151. Definitions. Unless the context clearly indicates otherwise, the meaning of the following terms and phases used in this Ordinance shall be as follows: A. "Property" shall mean the real property located within the property identified as the Dixie Caverns Landfill, as more specifically described as Tax Map Parcel Number 063.00-01-14.00-0000. B. "Owner" shall mean the Person, custodian, guardian, trustee, caretaker, executor administrator in whose name the deed for the Property, or any portion thereof, is titled. C. "Person” shall mean any individual, partnership, company, corporation, association, corporate political body, joint ownership or any other entity. § 2-152. Prohibition. It shall be unlawful for any Owner, lessor, lessee or occupier of the Property, or any other Person to engage in any activities on the Property that would in any manner disturb or interfere with the environmental remedial systems at the Property, including, without limitation, the landfill cap, gas vents, monitoring wells, leachate collection and conveyance system, and security measures, such as fencing, that prevent access to the Property. The prohibited activities include, but are not limited to the following: A. Digging in or disturbance of the landfill cap, tampering with hardware or equipment associated with the gas vents, monitoring wells, leachate collection and conveyance systems or the security fencing. B. Any use of leachate generated at the Property including, without limitation, any activities that could cause exposure to contaminants in the leachate via ingestion, vapor inhalation or dermal contact. C. Digging in or disturbance of the landfill cap including, without limitation, any activities that could result in contact with contaminants in the soils at the Property through ingestion, inhalation or dermal contact. D. No digging and/or construction at the Monofill where the stabilized sediments and soils are located. Page 2 of 3 E. Ground water monitoring wells should not be disturbed, and no drinking water wells should be installed. F. The leachate collection system and leachate collection tanks should not be disturbed. § 2-153. Permitted Uses. The Owner is permitted to use the Property for its firing range, driving range, other related training facilities and any other lawful uses, so long as these uses do not disturb or interfere with the environmental remedial systems at the Property or as otherwise prohibited by Section 2-152. § 2-154. Enforcement - Violations and Penalties. A. In addition to any other remedy available under law or in equity, any Person convicted of a violation of this Article shall be subject to a criminal fine in an amount not to exceed $1,000.00 per day per violation or suffer imprisonment for a period of not more than 30 days, or both, together with costs of prosecution. Each 24- hour period during which a violation continues shall constitute a separate offense. Enforcement of this Ordinance shall be brought by action filed in the General District Court or Circuit Court for the County of Roanoke. The County Attorney may assume the prosecution with the consent of the Commonwealth’s Attorney All fines and penalties collected for violation of this Ordinance shall be paid over to the County General Fund. Nothing in this section shall prohibit the County from enforcing the provisions of this Ordinance by any other remedy available at law or in equity. The remedies provided herein shall be cumulative and concurrent and shall be in addition to any other remedies available to the township at law or in equity. Section 2 - Severability. In the event that any section, sentence, clause, phrase or word of this Ordinance shall be declared illegal, invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not prevent, preclude or otherwise foreclose enforcement of any of the remaining portions of this Ordinance. Section 3 - Repealer. All Ordinances or parts of Ordinances inconsistent herewith or in conflict with any of the specific terms enacted hereby, to the extent of said inconsistencies or conflicts, are hereby specifically repealed. Section 4 - Effective Date. This Ordinance shall become effective from and after the date of its adoption. 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MEETING DATE : August 28, 2012 AGENDA ITEMS : Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of July 31, 2012. SUMMARY OF INFORMATION: CASH INVESTMENT: SUNTRUST CON15,478,781.6215,478,781.62 GOVERNMENT: SMITH BARNEY CONTRA63,752.58 SMITH BARNEY36,017,802.79 WELLS FARGO17,000,000.00 WELLS FARGO CONTRA13,400.0053,094,955.37 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION17,130,340.4217,130,340.42 CD: BRANCH BANKING & TRUST4,000,000.004,000,000.00 MONEY MARKET: BRANCH BANKING & TRUST1,077,272.59 MORGAN STANLEY - JAIL1,101,280.66 SMITH BARNEY39,320,540.53 STELLAR ONE3,042,679.06 WELLS FARGO5,208,856.9649,750,629.80 TOTAL 139,454,707.21 ACTION NO. _______________ ITEM NO. _______L-7________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 28, 2012 AGENDA ITEM: Accounts Paid–July 2012 SUBMITTED BY: Rebecca E. Owens Director of Finance APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct DepositChecksTotal Payments to Vendors$-$-$7,523,533.76 Payroll07/06/121,270,442.25173,792.461,444,234.71 Payroll07/20/121,183,500.66130,209.271,313,709.93 Manual Checks-214.90 214.90 Grand Total $10,281,693.30 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. Background of Roanoke County’s Participation in ICLEI August 2001 – Board of Supervisors adopts an Environmental Policy and begins implementation of an environmental management system. August 2007 – Board of Supervisors unanimously passes resolution joining ICLEI –USA’s Cities for Climate Protection program. ICLEI is a voluntary and adaptable program that provides tools for measuring greenhouse gas emissions, information on activities in other local governments in the United States and other on-line resources. The Cities for Climate Protection program focuses only on environmental issues, specifically carbon emissions. There are ICLEI members in 47 states and the District of Columbia 2008 – Dr. Sean McGinnis, Director of Green Engineering at Virginia Tech and intern from Roanoke College compile information from VDOT, AEP and Roanoke Gas for calendar year 2007, input it into ICLEI software, which calculates greenhouse gas emissions for County government operations and for the County as a whole, including residential and commercial operations. Dr. McGinnis uses the ICLEI software and inputs the data so that the software can calculate the total energy use and emissions of carbon dioxide, sulfur oxide, nitrogen oxides, and other air pollutants. Milestone One report is prepared based on the information provided through the use of the software. The 2007 emissions constitute the baseline measurement for the County, since this is as far back as energy records were available. August 2008 – Board of Supervisors holds work session and has presentation on why protecting the environment is crucial, the role of ICLEI in helping the county move forward, and the need for appointing a committee to assist in the process. February 24, 2009 – Board unanimously approves ICLEI Milestone One report on greenhouse gas emissions, approves resolution setting target reduction for greenhouse gas emissions by 3%/year until 2020 and adopts by laws and begins appointing members to the Roanoke County Community Leaders Environmental Action Roundtable (RC CLEAR). Baseline report placed on County’s environmental web site. December 2009 – VACo presents Board of Supervisors with the 2009 Platinum Go Green Virginia Award. February 2010 – Greenhouse gas emissions report for calendar year 2008 was completed and subsequently placed on County’s environmental web site. December 14, 2010 – Board hears briefing on RC CLEAR’s plan for spending portion of the EECBG stimulus grant on outreach, advertising, education and residential and commercial business audits. Because the county already had RC CLEAR in place and the goals and measurement from the ICLEI software, we had a “shovel ready” project available for approval by the federal government. The County received $372,000 and RC CLEAR was received $50,000 of that from the Board for its plan. Page 2 of 6 January 2011 – Greenhouse gas emissions report for calendar year 2009 was completed and later placed on County’s environmental web site. 2010-2012 – RC CLEAR involved in following activities: Provides energy audits performed by TAP and Better Building Works to 88 homes and 12 businesses Creates and implements Save-A-Ton energy conservation campaign along with the City of Roanoke, the City of Salem, the Town of Blacksburg, and the Regional Commission, Participates in Energy Expo at Roanoke Civic Center and Ecology Fair at Cave Spring High School. Sponsors Energetic Ideas Art Contest at local elementary schools, Board of Supervisors presents awards to winners in May, 2012 2012 – RC CLEAR members were able to survey 28 of the residents who received energy audits with the following results: Major findings of audits: Seven houses needed attic insulation o Seven houses needed to seal and insulate ductwork o Seven houses had attic bypasses (need better explanation) o Four had issues with windows and doors o Six had penetrations in caulking o Two had inefficient HVAC o Twenty-five residents did at least one thing to follow up after the audit Thirteen of the respondents noticed a change in comfort in their homes Thirteen of the respondents had seen a reduction in their energy bills Twenty-seven of the respondents would recommend getting an energy checkup. January 24, 2012 – Board of Supervisors holds public hearing on ICLEI and votes to continue membership in the organization. 2011-2012 – Dr. McGinnis and staff prepare the 2010 carbon gas emissions report for Roanoke County. It has not yet been submitted to the Board of Supervisors, although Nell Boyle, Chair of RC CLEAR, is prepared to do so at an upcoming meeting. Benefits of Belonging to ICLEI ICLEI is a nonprofit organization that helps local governments meet self-defined sustainability, climate, and energy goals. Page 3 of 6 ICLEI’s tools, resources, and services help local governments save money, energy, and natural resources; create more livable communities; and address climate change. All ICLEI programs are voluntary, and often designed in collaboration with local governments. ICLEI provides software tools, trainings, technical assistance, guidebooks, as well as peer networks where local government staff can share challenges and best practices. ICLEI is the recognized leader in its field because it helps cities and counties achieve results: saving energy and taxpayer dollars, reducing greenhouse gas emissions, creating green jobs, accessing federal funding, and much more. There is no other national organization which provides similar information and tools. Local governments decide for themselves which programs they wish to participate in, and they define their own goals depending on local circumstances, interests, and abilities. Roanoke County defined its own goal of reducing carbon emissions by 3%/year until 2020. This remains a goal, however, and can be revised if it proves unrealistic. Unless the Board wishes to revisit this goal, there is no other way to measure progress than to use the ICLEI software. ICLEI is currently working on an upgrade of the software, which should be available in 2013. The County’s environmental efforts have resulted in direct savings of taxpayer dollars: Reduced paper consumption from 30 tons to 18 tons annually o Reduced the usage of gasoline and diesel fuel by driving fewer miles in more o energy efficient vehicles. The fleet MPG was 9.3 in 2003 and was 13.09 in 2011. Saved over $100,000 in natural gas and electricity since 2003. o Use of the majority of the stimulus funds to retrofit county buildings will result o in over $1 million in energy savings over the next ten years. The Valley’s environmental efforts deflected direct costs to businesses by reducing the ozone in the air enough to avoid being designated a non-attainment area by the EPA. Businesses, including dry cleaners, gas stations, printers, furniture makers and even beverage plants would have had to increase report of emissions, and in many cases, purchase new equipment to prevent release of certain gases. Energy audits for residences and businesses have resulted in savings on energy bills as documented by survey results. In fact, one business energy audit resulted in detection of a potentially life-threatening natural gas issue. Agenda 21/Relationship to ICLEI-USA Agenda 21 is a United Nations document stemming from the Rio United Nations conference on Environment and Development and signed for the United States by President George H.W. Bush. The US Department of State at that time encouraged ICLEI to provide input into the document.http://www.icleiusa.org/about- iclei/faqs/faq-iclei-the-united-nations-and-agenda-21 Page 4 of 6 st It provides a voluntary action plan for resolving 21 century issues, particularly in developing countries. It does not advocate reducing or confiscating property rights, and in fact, Principle 2 of the Rio Declaration document declares, "States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction." (http://www.un.org/documents/ga/conf151/aconf15126-1annex1.htm) While ICLEI International has supported the intentions of Agenda 21, ICLEI is not a United Nations agency or controlled by the U.N. in any way. It is an independent, 501(c)(3) nonprofit association. In the United States, ICLEI USA is overseen by a Board of Directors consisting of local elected officials—American mayors and county executives from across the country. (http://www.icleiusa.org/about-iclei/faqs/faq- iclei-the-united-nations-and-agenda-21). There have been recent legislative attempts in various states to outlaw implementation of Agenda 21; to date, Alabama is the only state to have done so. (The New American, June 4, 2012, “Alabama adopts First Official State Ban on UN Agenda 21” ;http://thenewamerican.com/tech/environment/item/11592-alabama- adopts-first-official-state-ban-on-un-agenda-21)Whether the Alabama law prohibits membership in ICLEI is open to interpretation – the language in the statute is ambiguous. The ICLEI website still lists three cities in Alabama as members. An initiative in Tennessee was returned without signature by the governor, and the Arizona House of Representatives held the legislation without passing it in its 2012 session. http://www.knoxnews.com/news/2012/may/17/editorial-gov-bill-haslam-correct-to- ignore-21/ http://www.azleg.gov//FormatDocument.asp?inDoc=/legtext/50leg/2r/bills/sb1507o.a sp&Session_ID=107 Sustainability is not related to Agenda 21. It is a mainstream concept, and sustainability initiatives in government, corporate America, academia, and local communities typically have no connection to Agenda 21. In fact, many local companies and schools have sustainability policies and take action to measure their carbon emissions. These include Allstate Insurance, General Electric, Cox Communications, Roanoke Cement and Hollins University, to name a few. http://www.allstate.com/social-responsibility/ environment/managing-our- impact.aspx;http://www.ge.com/company/citizenship/index.html; http://www.cox.com/green/, http://www.titanamerica.com/our_company/business_activities/roanoke_cement_co mpany/; http://www.hollins.edu/about/sustainability/documents/carbon_reduction.pdf. Roanoke County Community Development staff has not used any information from ICLEI or Agenda 21 in recommending plans and policies for the Planning Commission or Board of Supervisors. Page 5 of 6 Documents Provided to ICLEI Roanoke County has provided the following documents to ICLEI: The 2007 Roanoke County Greenhouse Gas Emissions Inventory (Milestone One) The Roanoke County Emissions Reduction Target (Milestone Two) Roanoke County Climate Action Plan (Milestone Three) RC CLEAR Climate Action Plan, 2010 Page 6 of 6 The Parks, Recreation and Tourism Department would like to recognize Mr. Murphy for this contribution to Roanoke County and thank him for his generous project at Walrond Park. 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, AUGUST 28, 2012 RESOLUTION SUPPORTING THE PROPOSED IMPROVEMENTS TO ROUTE 688, COTTON HILL ROAD WHEREAS, the Virginia Department of Transportation (VDOT) plans to improve 0.64 miles of Route 688, Cotton Hill Road, as part of the Secondary Six-Year Improvement Plan; and WHEREAS, the Cotton Hill Road project is the top priority project in the Secondary Six-Year Improvement Plan for Roanoke County; and WHEREAS, on March 15, 2012, a public hearing was held at South County Library to present the proposed scope of work, with VDOT and Roanoke County staff attending; and WHEREAS, sixty-five (65) citizens attended the March 15, 2012, public hearing with some requesting a ten (10)-foot wide multi-use path adjacent to the roadway; and WHEREAS, VDOT recommends that the major design features shown at the March 15, 2012, public hearing be approved with additional right-of-way and graded width provided for future greenway or multi-use path accommodation; and WHEREAS, on August 14, 2012, the Board of Supervisors held a work session to review the proposed road improvements, and there was no opposition to the proposed scope of work; and WHEREAS, VDOT fiscal year 2013-2018 Secondary System Construction Program projected allocations are expected to cover costs of the road improvements; NOW, THEREFORE, BE IT RESOLVED, that the Board hereby supports plans to improve 0.64 miles of Route 688, Cotton Hill Road; and Page 1 of 2 BE IT FURTHER RESOLVED that a certified copy of this resolution is forwarded to the Virginia Department of Transportation. Page 2 of 2 DEPARTMENT OF TRANSPORTATION 731 Harrison Ave., P.O. Box 3071 GREGORY A. WHIRLEY Salem, VA 24153-0560 COMMISSIONER OF HIGHWAYS June 26, 2012 Mr. David Holladay Planning Administrator County of Roanoke P.O. Box 29800 Roanoke, Virginia 24018 Re: Design Public Hearing Transcript Route 688, Cotton Hill Road Project 0688-080-301, C501 UPC: #15190 Dear David: In accordance with the statutes of the Commonwealth of Virginia and policies of the Design Public Hearing Commonwealth Transportation Board, a was held for the above mentioned project on March 15, 2012, between 4:00 p.m. and 6:00 p.m. at the South County Library on Merriman Road located in Roanoke, Virginia in Roanoke County. The public hearing display showed the proposed improvements for Route 688 beginning 0.076 miles south of the intersection with Route 221 and ending 0.107 miles south of the intersection with Route 934 (Shingle Ridge Road). The purpose of this project is primarily to improve safety by upgrading a section of Route 688 in Roanoke County to meet current design standards. This improvement will widen the roadway, improve the vertical alignment, and upgrade the roadway drainage system. These improvements will also extend the service life of the roadway facility. Citizens were provided the following information in the project brochure that was distributed at the meeting: Mr. David Holladay, June 26, 2012 Route 688 – Design Public Hearing Transcript Page 2 of 6 Information concerning the environmental reviews and coordination with environmental agencies. A copy of the Categorical Exclusion NEPA environmental document was available for citizen’s to review. The proposed roadway from 0.076 mile south of Route 221 to the intersection with Route 1255 (Monet Drive) will have 14-foot lanes to accommodate bicycle traffic with curb and gutter. Both a left turn lane and right turn lane southbound will be constructed at the Route 1255 intersection. From the intersection with Route 1255 to the Blue Ridge Parkway crossing, the widening will consist of 11-foot lanes with curb and gutter. Improvements on Route 688 to the south of the Blue Ridge Parkway will meet Resurfacing, Restoration, and Rehabilitation (RRR) criteria and include providing two 9- foot lanes with 2-foot shoulders. The current average daily traffic is 4,075 vehicles per day and is anticipated to increase to 5,020 vehicles per day by the design year of 2036. The construction of the project will not displace any businesses or non-profit organizations. It will require the purchase of one property with a single family dwelling for the location of a SWM Basin. The latest anticipated project cost is estimated at $460,000 for preliminary engineering, $2,005,000 for right-of-way and utilities and $3,055,000 for construction. The total estimated cost is $5,520,000. The tentative schedule for advertisement for construction is February 2014. The Sign-In sheet indicates there were sixty-five (65) citizens that attended the Public Hearing. There were a total of thirty-four (34) comments received as a result of the Public Hearing. Twenty-six (26) comment sheets, five (5) emails, and one (1) letter were received by the Department. Two (2) oral comments were received by citizens at the Design Public Hearing who also submitted comment sheets. There were eleven (11) citizens in full support of the project, four (4) citizens who generally supported the project improvements, seven (7) citizens who neither supported nor objected to the project, and eleven (11) citizens who were not in support of the project. A summation of specific comments with issues is as follows: Issue : Request for 10-foot multi-use path adjacent to roadway. Comments : Sixteen (16) citizens requested a greenway for bicyclists and pedestrians. Several suggested the use of the old Rte. 221 roadbed and old Cotton Hill Road bridge abutments as an off road shared use path along “Back Creek”.They also indicated the need to connect and provide bike and pedestrian accommodations to Parkway from Route 221. One citizen who attended the public hearing submitted a map depicting a proposed “Greenway” along both Route 221 and Cotton Hill Road. This map is included in the attached Public Hearing Transcript. The map also includes a summary of a “To Do List” which outlined the steps in conjunction with the construction of the Route 221 project that could ultimately lead to the Greenway along Route 221 and Cotton Hill Road. WE KEEP VIRGINIA MOVING Mr. David Holladay, June 26, 2012 Route 688 – Design Public Hearing Transcript Page 3 of 6 Response : Wide lanes are provided from the beginning of the project to the residential developments along Cotton Hill Road as a bicycle accommodation. The addition of a greenway along either Cotton Hill Road or Route 221 is dependent on input and planning by a greater number of stakeholders including various Departments within Roanoke County. Although Cotton Hill Road has been identified as a possible greenway route, such a facility would require the inclusion of a project in the County’s Capital Improvement Plan. Currently, there is no funding identified for construction or maintenance of a facility. Citizens have been directed to work directly with Roanoke County and the Roanoke Valley Greenway Commission. In response to the requested connection to the Blue Ridge Parkway (BRP), representatives from the BRP have met with representatives of the greenway interest group and indicated that the BRP is not intended for the type of bicycle and pedestrian activity that normally occurs on a greenway facility. Providing a connection to the BRP as part of this project would be contrary to the BRP’s intended purpose of the parkway road and is not within the scope of this project. Issue : Roadway safety. Comment : Two (2) citizens provided support of the project because it will provide for a safer road conditions on this section of Cotton Hill Road. Response : Not necessary. Issue : Northbound right turn lane from Cotton Hill Road on Monet Drive. Comment : One (1) citizen requested the addition of a deceleration lane in the eastbound direction for a right turn lane onto Monet Drive. The citizen pointed out the downhill grade and people making a right turn at Monet Drive and that any decal would help to avoid being rear- ended when it’s icy, or with the rocks they put on the road. Response : A turn lane analysis was performed for both the right turn and left turn movements at the intersection of Cotton Hill Road and Monet Drive. The analysis of the current traffic volumes and resulting nomographs do not currently meet the warrants for a right turn lane onto Monet Drive as set forth in Appendix F of the VDOT Road Design Manual (RDM). The northbound and southbound right turn volumes are low, with a maximum right turn volume of five (5) vehicles during the AM, Mid-day, and PM Peak Hours. The traffic counts and turning movement analysis does not warrant a dedicated right turn lane. As part of the project scope, the grade of the vertical curve to the west will be lowered which will improve the intersection sight distance at this location. Issue : Stormwater Runoff Comment : One (1) citizen expressed concern over the current discharge of stormwater that is eroding his property. He states that the "discharge culvert is not directed at the natural drain, it’s directed at my yard, and the water has to turn 90 degrees before it can enter the natural drain.” This citizen lives on the north side of Matisse Lane. WE KEEP VIRGINIA MOVING Mr. David Holladay, June 26, 2012 Route 688 – Design Public Hearing Transcript Page 4 of 6 Response :Stormwater runoff from the existing roadway and shoulders is being captured through the use of roadside ditches. Where necessary, stormwater is then conveyed from one side of the roadway to the other by the use of culverts under the roadway. The culvert currently located at approximate station 112+00 contributes to the volume of storm water runoff the property owner experiences. The proposed design is providing curb and gutter which will capture and convey the roadway runoff into a closed system and discharge into a proposed stormwater management basin on the northern end of the project. The existing condition at the outfall located on this citizen’s property is within an easement not maintained by VDOT. The Department does not maintain drainage easements in subdivision or commercial developments. It is recommended that the property owner contact the County of Roanoke regarding this concern. Issue : Request for a Traffic Signal Comment : One (1) citizen indicates a traffic light is needed at the Rte. 221/Cotton Hill Road intersection. It is pointed out that traffic from Ranlyn is making the intersection dangerous as they do not yield the right of way to traffic on Cotton Hill Road. Response : A Traffic Signal Warrant Study was performed and completed as a result of a previous request received from the public. In the future condition after the Route 221 project is complete, the right turn movements from Cotton Hill Road onto Route 221 will be accommodated through the use of dedicated receiving lane eliminating the conflict with both the left turn movements from the future Ran Lynn connection and the through traffic on Route 221. Although the warrants for a signal were not met, the intersection will be monitored for future consideration of a signal. Issue : Extend Project Limits Comment : Two (2) citizens indicated that the project should extend an additional 1000 feet to the east to address the “bad curves” (“major S-curves) in that section of Cotton Hill Road. Response : 1000 feet beyond the end of this project is beyond the scope and budget of this project. Citizens at the Hearing were instructed to contact the Board of Supervisor member for the area to discuss the process of adding a project to the Secondary Six-Year Construction Program that would address their concerns. Issue: Impacts to personal property (retaining walls) Comment : One (1) citizen expressed concern over the impacts the project will have on stonewalls that are along the front of the property parallel to Cotton Hill Road as well the stone wall that runs along the driveway perpendicular to the road. Response : The stone wall along the front of the road will be impacted as well as portion along the driveway. The impacts and compensation will be handled through the right of way negotiation process. WE KEEP VIRGINIA MOVING Mr. David Holladay, June 26, 2012 Route 688 – Design Public Hearing Transcript Page 5 of 6 Issue : Excessive construction cost Comment : Three (3) citizens commented on the estimated construction cost ($5.5 million) being an excessive amount for the improvements to this section of Cotton Hill Road and the project “seems to be much ado and expense over very little improvement.” Response : This project is the number one priority in the County of Roanoke’s Secondary Six- Year Construction Program. This section of Cotton Hill Road has experienced an increase in traffic volumes due to the development of residential subdivisions including the “Groves” to the east and “Hampshire” to the west. The average daily traffic is projected to be 5020 vehicles per day by 2036. The existing typical section of the roadway is substandard for this projected traffic and warrants improvements to current standards. Issue : Purpose of project. Comment : Two (2) citizens expressed the opinion that the project was for the sole purpose/benefit of developer and subdivision. Response : This project is the number one priority in the County of Roanoke’s Secondary Six- Year Construction Program. This section of Cotton Hill Road has experienced an increase in traffic volumes due to the development of residential subdivisions including the “Groves” to the east and “Hampshire” to the west. The average daily traffic is projected to be 5020 vehicles per day by 2036. The existing typical section of the roadway is substandard for this projected traffic and warrants improvements to current standards. A citizen who attended the public hearing submitted a map depicting a proposed “Greenway” along both Route 221 and Cotton Hill Road. This map is included in the attached Public Hearing Transcript. The map also included a summary of a “To Do List” which outlined the steps in conjunction with the construction of the Route 221 project that could ultimately lead to the Greenway along Route 221 and Cotton Hill Road. Being consistent with similar previous comments, the following response is provided: Response: Wide lanes are provided from the beginning of the project to the residential developments along Cotton Hill Road as a bicycle accommodation. The addition of a greenway along either Cotton Hill Road or Route 221 is dependent on input and planning by a greater number of stakeholders including various Departments within Roanoke County. Although Cotton Hill Road has been identified as a possible greenway route, such a facility would require the inclusion of a project in the County’s Capital Improvement Plan. Currently, there is no funding identified for construction or maintenance of a facility. Citizens have been directed to work directly with Roanoke County and the Roanoke Valley Greenway Commission. Attached are copies of the Public Hearing transcript for your review in consideration of this project. WE KEEP VIRGINIA MOVING Mr. David Holladay, June 26, 2012 Route 688 – Design Public Hearing Transcript Page 6 of 6 It is the Department’s recommendation that the major design features of this project be approved with the proposed change listed below: The five foot wide space on the right side, behind the curb and gutter as depicted on the typical section will be extended to 20 feet. This additional graded width will provide for a future accommodation. The proposed right of way will also be adjusted to encompass the area. The Department is requesting a Resolution from the County Board of Supervisor’s supporting the project as noted above. Once the resolution is received, Design Approval will be issued and then plans will be prepared in order to begin the right of way phase, including the acquisition of right of way. If you have any questions, please contact me at (540) 375-3580. Sincerely, Scott A. Woodrum, P.E. Project Manger Salem District Location & Design Division cc: Arnold Covey – Roanoke County Philip Thompson – Roanoke County Attachment WE KEEP VIRGINIA MOVING DEPARTMENT OF TRANSPORTATION DESIGN PUBLIC HEARING Transcript ROUTE 688 COTTON HILL ROAD State Project No.: 0688-080-301, P101, RW201, C501 Federal Project No.: STP-5128(205) ROANOKE COUNTY Road Improvement Project UPC 15190 From: 0.076 mile South of Route 221 To: 0.107 mile South of Route 954 (Shingle Ridge Road) March 15, 2012 South County Library 6303 Merriman Road Roanoke, Virginia 4:00 PM to 6:00 PM Attendees: 65 VirginiaDOT.org WE KEEP VIRGINIA MOVING Index of Sheets Public Hearing Ad 3 Public Hearing Location Map 4 Public Hearing Brochure 5 - 8 Sign-In Sheets 9 - 15 Oral Comments 16 – 19 Written Comments 20 – 54 Proposed Greenway Map 55 VirginiaDOT.org WE KEEP VIRGINIA MOVING Route 688 (Cotton Hill Road) Roanoke County Design Public Hearing Thursday, March 15, 2012, 4 – 6 p.m. South County Library 6303 Merriman Road, Roanoke, VA 24018 Find out about theproposed major design features for safety improvements to the 0.64-mile section section of Route 688 (Cotton Hill Road) in Roanoke County that starts 0.076 mile south of Route 221 and extends to 0.107 mile south of Route 934 (Shingle Ridge Road). Come see the proposed plans to improve safety on Cotton Hill Road which will include bicycle travel accommodations on a portion of the project. Review the proposed project plans and the National Environemental Policy Act document in the form of a Categorical Exclusion at the public hearing or at VDOT’s Salem District Office located at 731 Harrison Ave, Salem VA, 540-387-5353, 800-367-7623, TTY/TDD 711. Please call ahead to ensure the availability of appropriate personnel to answer your questions. Property impact information, relocation assistance policies and tentative construction schedules are available for your review and the address above and will be available at the public hearing. In compliance with the National Historic Preservation Act, Section 106 and 36 CFR Part 800, information concerning the potential effects of the proposed improvements on properties listed in or eligible for listing in the National Register of Historic Places are included in the National Environmental Policy Act documentation. Give your written or oral comments at the hearing or submit March 25, 2012 them by to Mr. Jason Oldham, P.E., Project Manager, Virginia Department of Transportation, 731 Harrison Ave, Salem, VA 24153. You may also email your comments to saleminfo@VDOT.Virginia.gov. Please reference “Cotton Hill Road Public Hearing Comment” in the subject line. VDOT ensures nondiscrimination and equal employment in all programs and activities in accordance with Title VI and Title VII of the Civil Rights Act of 1964. If you need more information in regards to your civil rights on this project or special assistance for persons with disabilities or limited English proficiency, contact the project manager at the telephone number listed above. State Project: 0688-080-301, C-501 Federal Project: STP-5128(205), UPC: 15190 In case of inclement weather, the hearing will be rescheduled for March 22, 2012, 4-6 p.m. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 28, 2012 RESOLUTION OF ENDORSEMENT FOR THE LANDSCAPING PROJECT AT THE INTERSECTION OF WILLIAMSON ROAD AND PETERS CREEK ROAD IN ROANOKE COUNTY, VIRGINIA WHEREAS, Friendship Retirement Community and the Williamson Road Area Business Association have committed to fund and maintain for five (5) years new landscaping and signage at the intersection of Williamson Road and Peters Creek Road in Roanoke County, Virginia; and WHEREAS, this landscaping and signage project would implement the County’s 2008 Hollins Area Plan, which is a component of the 2005 Roanoke County Community Plan; and WHEREAS, these improvement activities fall under the Virginia Department of Transportation (VDOT) Comprehensive Roadside Management Program; and WHEREAS, this VDOT program requires the local governing body to hold a public hearing and adopt a resolution of endorsement prior to project approval by VDOT; and WHEREAS, the Board of Supervisors was briefed on this project in a work session on August 14, 2012, by County staff and the Board held a public hearing on this project after advertisement as required by law on August 28, 2012. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, AS FOLLOWS: 1. That the Board finds that this landscaping and signage project at the intersection of Williamson Road and Peters Creek Road is consistent with the Page 1 of 2 goals of the County’s 2008 Hollins Area Plan, which is a component of the 2005 Roanoke County Community Plan. 2. That the Board accepts the offer of the Friendship Retirement Community and the Williamson Road Area Business Association to fund and maintain for five (5) years the landscaping and signage at the intersection of Williamson Road and Peters Creek Road. 3. That the Board hereby adopts this Resolution of Endorsement for the landscaping project at the intersection of Williamson Road and Peters Creek Road, and requests the Virginia Department of Transportation to approve this project under its Comprehensive Roadside Management Program. 4. That the Clerk to the Board of Supervisors is directed to send a copy of this resolution to the Virginia Department of Transportation, Friendship Retirement Community and the Williamson Road Area Business Association. 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, AUGUST 28, 2012 ORDINANCE AMENDING SECTION 21-202 OF THE ROANOKE COUNTY CODE PROVIDING FOR AN INCREASE IN THE TRANSIENT OCCUPANCY TAX, DESIGNATION FOR THE USE OF THE PROCEEDS AND A DELAYED EFFECTIVE DATE WHEREAS, the 2012 session of the Virginia General Assembly amended Section 58.1-3819.1 of the Code of Virginia to allow Roanoke County to increase its transient occupancy tax from five percent (5%) to seven percent (7%); and WHEREAS, this increase in the transient occupancy tax must be “expended solely for advertising the Roanoke metropolitan area as an overnight tourist destination by members of the Roanoke Valley Convention and Visitors Bureau” as provided in Chapter 340 of the Acts of Assembly; and WHEREAS, the first reading of this ordinance was held on August 14, 2012, and the second reading and public hearing was held on August 28, 2012, after the publication of legal notice as required by law. BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1.That Section 21-202 is hereby amended and reenacted as follows: Sec. 21-202 Levied; rate There is hereby imposed a transient occupancy tax on hotels and travel campgrounds on each and every transient, equivalent to five seven (57) percent of the total amount of charge for the occupancy of any room or space provided. Said tax constitutes a debt Page 1 of 2 owed by the transient to the county which is extinguished only by payment to the operator or to the county. The transient shall pay the tax to the operator of the hotel or travel campground at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel or travel campground. 2.That the proceeds from the increase in this tax from five percent (5%) to seven percent (7%) 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. For purposes of this ordinance, "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. 3. That this ordinance shall become effective from and after January 1, 2013. Page 2 of 2 Í·¬» q ß°°´·½¿²¬ Ò¿³»æ ßòÞò Ø¿³³±²¼ Û¨·¬·²¹ Æ±²·²¹æ ÛÐ Î±¿²±µ» Ý±«²¬§ Ð®±°±»¼ Æ±²·²¹æ ßÙí Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ ðéïòððóðïóðíòððóðððð Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·¬»®·¿´ Ü·¬®·½¬æ Ê·²¬±² ß®»¿æ ìéòé ß½®» Í½¿´»æ ïþ ã ìëðù ï Ö«²»ô îðïî Í·¬» Æ±²·²¹ Æ±²·²¹ ÆÑÒ×ÒÙ ßÙí ÛÐ ßÙï ßÎ ßÊ Ýï Ýî ÝîÝÊÑÜ ×ï ×î ÐÝÜ ÐÎÜ ÐÌÜ Îï Îî Îí Îì ÎÞ ÙÞ ÝÞ Óï Óî q ß°°´·½¿²¬ Ò¿³»æ ßòÞò Ø¿³³±²¼ Û¨·¬·²¹ Æ±²·²¹æ ÛÐ Î±¿²±µ» Ý±«²¬§ Ð®±°±»¼ Æ±²·²¹æ ßÙí Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ ðéïòððóðïóðíòððóðððð Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·¬»®·¿´ Ü·¬®·½¬æ Ê·²¬±² ß®»¿æ ìéòé ß½®» Í½¿´»æ ïþ ã ìëðù ï Ö«²»ô îðïî Í·¬» Ô¿²¼ Ë» Ò»·¹¸¾±®¸±±¼ Ý±²»®ª¿¬·±² Ü»ª»´±°³»²¬ Í«¾«®¾¿² Ê·´´¿¹» Ê·´´¿¹» Ý»²¬»® Î«®¿´ Ê·´´¿¹» Î«®¿´ Ð®»»®ª» Ý±²»®ª¿¬·±² Ì®¿²·¬·±² Ý±®» Û½±²±³·½ Ñ°°±®¬«²·¬§ Ð®·½·°¿´ ×²¼«¬®·¿´ Ë²·ª»®·¬§ q ß°°´·½¿²¬ Ò¿³»æ ßòÞò Ø¿³³±²¼ Û¨·¬·²¹ Æ±²·²¹æ ÛÐ Î±¿²±µ» Ý±«²¬§ Ð®±°±»¼ Æ±²·²¹æ ßÙí Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ ðéïòððóðïóðíòððóðððð Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·¬»®·¿´ Ü·¬®·½¬æ Ê·²¬±² ß®»¿æ ìéòé ß½®» Í½¿´»æ ïþ ã ìëðù ï Ö«²»ô îðïî EP District Regulations SEC. 30-71. EP EXPLORE PARK DISTRICT. Sec. 30-71-1. Purpose. (A) The purpose of this district is to establish an area within the County that is designated and reserved solely for activities associated with Explore Park (hereafter referred to as the Park). These district regulations are designed to permit current Park uses while facilitating, through adequate public review, the development of the Park as a family destination resort which incorporates significant natural areas within its boundaries. They are also designed to ensure that the facilities and services are adequate to ensure the safe and efficient operation of the Park with a minimum of impact on the surrounding neighborhood and the larger community. (Ord. No. 122005-11, § 1, 12-20-05) Sec. 30-71-2. Applicability. (A) These regulations shall only apply to land in the County of Roanoke owned or leased by the Virginia Recreational Facilities Authority (VRFA), Virginia Living Histories, Inc., and to any facilities, and/or operations on such land. (Ord. No. 122005-11, § 1, 12-20-05) Sec. 30-71-3. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1.Agricultural and Forestry Uses Agriculture Stables, Commercial * 2.Civic Uses Administrative Services Camps * Cultural Services Post Office 1 EP District Regulations Public Assembly Public Parks and Recreational Areas * Safety Services Utility Services, Minor 3.Commercial Uses Antique Shops Campgrounds Commercial Indoor Amusement Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communication Services Golf Course * Hotel/Motel/Motor Lodge Restaurant, Family Restaurant, General Restaurant, Drive-in or Fast Food Retail Sales * Studio, Fine Arts (B) The following uses are permitted by right, subject to all other applicable requirements contained in this ordinance. These uses are recognized as necessary and appropriate accessory uses within Explore Park. The character and scale of these uses, however, must be subordinate and incidental to the permitted uses set forth in (A) above. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 2 EP District Regulations 1.Civic Uses Religious Assembly * Public Maintenance and Service Facilities * 2.Office Uses Financial Institutions * General Office 3.Commercial Uses Automobile Rental/Leasing, with a special use permit * Automobile Repair Services, Minor * Business Support Services * Convenience Store * Gasoline Station * 4.Industrial Uses Transportation Terminal * (C) Within the Park, there shall be limits on developed areas in order to ensure that at least 30% of the acreage of the Park, within the jurisdiction of the County of Roanoke, consists of open space, forested space, trails, buffers or natural areas. To achieve that objective, 1. Calculation of Developed Area ratio a. Buildings and other structures, streets and other paving utilities, filling, grading, and excavating shall be included in the calculation of developed area. b. Any pasture, crop land, forested areas, trails, ponds other than stormwater detention areas, recreated natural features, buffers and similar open or yard areas shall not be calculated as developed areas. c. During site development review, the limits of disturbance for each development shall be identified in order to calculate developed areas. In addition, the identification and calculation of open space, forested space, 3 EP District Regulations trails, buffers and natural areas shall be provided on an ongoing basis in order to confirm compliance with the 70%/30% ratio. d. So long as the 70%/30% ratio is maintained, the location of open space, forested space, trails, buffers or natural areas may be shifted as development proceeds. (D) 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. Miscellaneous Uses Broadcasting Tower* Wind Energy System, Small* (Ord. No. 122005-11, § 1, 12-20-05; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5- 24-11) Sec. 30-71-4. Rezoning Application Process. (A) Prior to submitting an application for review and approval under these provisions, the applicant and the county staff shall confer to discuss the requirements of this section. The purpose of the meeting is to obtain a mutual understanding of the application requirements and process. (B) Any application to rezone land to the EP designation shall constitute an amendment to the zoning ordinance pursuant to Section 30-14. Once the board of supervisors has approved the master plan described below, all submitted and accepted proffers shall constitute conditions pursuant to the provisions of this ordinance. Development shall occur in substantial conformity with the specifics set out in the master plan. (C) To initiate an amendment, the applicant shall complete a rezoning application packet. This information shall be accompanied by graphic and written information which shall constitute a master plan. All information submitted shall be of sufficient clarity, detail, and scale to clearly and accurately identify the location, nature and character of the proposed district. The information shall include: 1. A legal description of the proposed site. This may be a metes and bounds description and plat, or a tabular summary of all tax map parcels proposed for rezoning. If tax parcels are used, a composite plan shall be submitted, showing the limits of the proposed district and the location of each parcel within the district. Should survey or title work disclose that any parcel or portions thereof were erroneously included in the rezoning application, then the applicant may 4 EP District Regulations remove said parcels from the application without invalidating the rezoning of the other submitted parcels. 2. Current information on the existing zoning and land use of each parcel proposed for the Park. 3. A topographical survey of the proposed site including information on flood plains and natural water courses. 4. Minimum buffers between the Park and its neighbors and general details on the landscaping within such buffers. 5. Information on open space, including how much space might be utilized for hiking, biking, and riding trails or other park uses. 6. Generalized statements pertaining to architectural and community design guidelines. 7. Description of transportation objectives, identifying current and proposed connections with state maintained roads with maintenance responsibility for non- state maintained roads identified. Include connections to intermodal transportation systems as shown in the Community Plan. 8. Information on proposed plans for public utilities. 9. Inventory of historic resources. (D) The complete rezoning application and supporting master plan shall be submitted to the planning commission for review and analysis. The commission shall review this information and make a report of its findings to the board of supervisors. The commission shall as part of its review hold a public hearing pursuant to Section 15.2- 2204 of the Code of Virginia, as amended. (E) The commission shall make a report of its findings to the board of supervisors within 90 days of the receipt of the materials, unless the applicant requests, or agrees to an extension of this time frame. The commission approval with modifications, or disapproval of the master plan for the Park. Failure of the commission to make a report of its findings to the board of supervisors within this period shall constitute a commission recommendation of approval. (F) If the commission recommends denial of the master plan or approval with modifications, the applicant shall, upon its request, have up to sixty (60) days to make any modifications. If the applicant desires to make any modifications to the master plan, the submitted for review. 5 EP District Regulations (G) The board of supervisors shall review the master plan and act to approve or deny the plan within ninety (90) days applicant requests or agrees to an extension of this time frame. The plan approved by the board of supervisors shall constitute the approved master plan for the Park. Once approved by the board of supervisors, the administrator shall authorize the revisions to the official zoning map to indicate the establishment of the EP district. (H) Should major changes to the master plan be desired, the applicant has the right to amend the master plan by following the process detailed in sections D through G above. (I) Following the approval of the master plan (which approval signifies that the proposed site is rezoned to the EP district), the applicant shall be required to submit preliminary and final site development plans prior to construction for approval. Final site development plans for any phase or component of the Park that involves the construction of structures or facilities shall be approved prior to the issuance of a building permit and the commencement of construction. (Ord. No. 122005-11, § 1, 12-20-05) 6 AG-3 District Regulations SEC. 30-32. AG-3 AGRICULTURAL/RURAL PRESERVE DISTRICT. Sec. 30-32-1. Purpose. (A) The AG-3, agricultural/rural preserve district consists of land primarily used as farmland, woodlands, and widely scattered residential development located within the rural service area. Also found in these areas are lands with steep slopes, and groundwater recharge areas. Many of the county's unique natural and scenic resources are found in this district. The purpose of this district isto maintain these areas essentiallyin their rural state, and attempt to protect sensitive and unique land resources from degradation as recommended in the rural preserve land use category of the comprehensive plan. This may be accomplished by maintaining the existing agricultural lands and preventing the encroachment of incompatible land uses. Non-farm residents should recognize that they are located inan agricultural environment where the right-to-farm has been established as county policy. This district is also intended to minimize the demand for unanticipated public improvements and services, such as public sewer and water, by reducing development densities and discouraging large scale development. (Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-32-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1.Agricultural and Forestry Uses Agriculture Farm Employee Housing * Forestry Operations * Stable, Private * Stable, Commercial * Wayside Stand * 2.Residential Uses Accessory Apartment * Home Occupation, Type II * 3 AG-3 District Regulations Manufactured Home * Manufactured Home, Accessory * Manufactured Home, Emergency * Multiple Dog Permit * Residential Human Care Facility Single-Family Dwelling, Detached Temporary portable storage containers* 3. Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Safety Services * Utility Services, Minor 4. Commercial Uses Agricultural Services * Bed and Breakfast * Kennel, Commercial * Veterinary Hospital/Clinic 5.Industrial Uses Custom Manufacturing * 6. Miscellaneous Uses Amateur Radio Tower * 2 AG-3 District Regulations Wind Energy System, Small* (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.Agricultural Uses Commercial Feedlots * 1.5.Residential Uses Alternative Discharging Sewage Systems * 2. Civic Uses Camps * Cemetery * Correctional Facilities Day Care Center * Religious Assembly * Utility Services, Major * 3.Commercial Uses Campgrounds * 4.Industrial Uses Composting * Landfill, Construction Debris * Landfill, Rubble * Landfill, Sanitary * Resource Extraction * 5.Miscellaneous Uses 1 AG-3 District Regulations Aviation Facilities, Private * Broadcasting Tower * Outdoor Gatherings * Shooting Range, Outdoor * Wind Energy System, Large* Wind Energy System, Utility* (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, § 8, 6-22-93; Ord. No. 82493-8, § 2, 8- 24-93; Ord. No. 42694-12, § 7, 4-26-94; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609- 22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 091311-7, § 1, 9-13-11) Sec. 30-32-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. All lots, regardless of sewer and water provisions: a. Area: 3 acres (130,680 square feet). b. Frontage: 200 feet on a publicly owned and maintained street. c. Maximum width to depth ratio: 1 to 5 (WtoD) on streets in existence prior to the adoption of this ordinance. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 50 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 25 feet. 0 AG-3 District Regulations b. Accessory structures: 25 feet behind front building line or 10 feet behind rear building line. 3. Rear yard: a. Principal structures: 35 feet. b. Accessory structures: 10 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. 5. Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 25 feet from any side property line. (C) Maximum height of structures. 1. All structures: 45 feet. (D) Maximum coverage. 1. Building coverage: 5 percent of the total lot area. 2. Lot coverage: 20 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93) / T A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE A COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, AUGUST 28, 2012 ORDINANCE REZONING 47.7 ACRES FROM EP, EXPLORE PARK DISTRICT, TO AG-3, AGRICULTURAL/RURAL PRESERVE DISTRICT, LOCATED OFF HAMMOND DRIVE VINTON MAGISTERIAL DISTRICT (TAX MAP NO. 071.00-01-03.00), UPON THE APPLICATION OF A. B. HAMMOND WHEREAS, the first reading of this ordinance was held on July 24, 2012, and the second reading and public hearing were held August 28, 2012; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 7, 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 47.7 acres, as described herein, and located off Hammond Drive (Tax Map Number 070.00-01-03.00) in the Vinton Magisterial District, is hereby changed from the zoning classification of EP, Explore Park District, to the zoning classification of AG-3, Agricultural/Rural Preserve District. 2. That this action is taken upon the application of A. B. Hammond. 3. That said real estate is more fully described as follows: Being 47.7 acres of real estate located off Hammond Drive and further described as Tax Map No. 070.00-01-03.00. 4. 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 Page 1 of 2 amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 2 of 2 éèûööê÷ìíêè ì×ÈÓÈÓÍÎ×ÊùÔÊÓÉÈÈÔ×ñÓÎÕìÊ×ÉÚÃÈ×ÊÓÛÎùÔÇÊÙÔ ê×ËÇ×ÉÈéÌ×ÙÓÛÐçÉ×ì×ÊÏÓÈÖÍÊê×ÐÓÕÓÍÇÉûÉÉ×ÏÚÐÃÛÎØûÏ×ÎØÏ×ÎÈÍÖìÊÍÖÖ×Ê×ØùÍÎØÓÈÓÍÎÉ ðÍÙÛÈÓÍÎ ÈÔ×ÓÎÈ×ÊÉ×ÙÈÓÍÎÍÖéÈÍÎ×ÃÚÊÍÍÑðÛÎ× ïÛÕÓÉÈ×ÊÓÛÐøÓÉÈÊÓÙÈåÓÎØÉÍÊôÓÐÐÉ ìÊÍÖÖ×Ê×ØùÍÎØÓÈÓÍÎÉ èÔ×ÌÊÍÌ×ÊÈÓ×ÉÅÓÐÐÚ×Ø×Æ×ÐÍÌ×ØÓÎÉÇÚÉÈÛÎÈÓÛÐÙÍÎÖÍÊÏÓÈÃÅÓÈÔÈÔ×ÙÍÎÙ×ÌÈ ÌÐÛÎØÛÈ×ØïÛÃ ×ÊéÓÈ×ìÐÛÎùÔÊÓÉÈÈÔ×ñÓÎÕ ìÊ×ÉÚÃÈ×ÊÓÛÎùÔÇÊÙÔêÍÛÎÍÑ×æÓÊÕÓÎÓÛ¨ÌÊ×ÌÛÊ×ØÚÃåñååûÊÙÔÓÈ×ÙÈÉ ÉÇÚÒ×ÙÈÈÍÈÔÍÉ×ÙÔÛÎÕ×ÉÅÔÓÙÔÏÛÃÚ×Ê×ËÇÓÊ×ØÚÃêÍÛÎÍÑ×ùÍÇÎÈÃØÇÊÓÎÕ ÙÍÏÌÊ×Ô×ÎÉÓÆ×ÉÓÈ×ÌÐÛÎÊ×ÆÓ×Å ÷ÄÈ×ÊÓÍÊÖÓÎÓÉÔÏÛÈ×ÊÓÛÐÉÖÍÊÛÐÐÚÇÓÐØÓÎÕÉÙÍÎÉÈÊÇÙÈ×ØÍÎÈÔ×ÌÊÍÌ×ÊÈÓ×ÉÉÔÛÐÐ Ú×ÐÓÏÓÈ×ØÈÍÈÔ×ÖÍÐÐÍÅÓÎÕÚÊÓÙÑÅÍÍØÆÓÎÃÐÍÊÙÍÏÌÍÉÓÈ×ÅÍÍØÉÇÚÉÈÓÈÇÈ× ÐÛÌÉÓØÓÎÕÛÎØÈÊÓÏÕÐÛÉÉÉÈÇÙÙÍÍÊ×ÄÈ×ÊÓÍÊÓÎÉÇÐÛÈ×ØÖÓÎÓÉÔÉÃÉÈ×Ï÷óöé ÉÈÍÎ×ÖÛÙ×ÙÍÐÍÊ×ØÙÍÎÙÊ×È×ÚÐÍÙÑÉÈÍÎ×ÍÊÙÛÉÈÉÈÍÎ×ÉÈÛÎØÓÎÕÉ×ÛÏ Ï×ÈÛÐÙÍÌÌ×ÊÙÍÏÌÍÉÓÈ×ÉÐÛÈ×ÈÓÐ×ÍÊÛÉÌÔÛÐÈÉÔÓÎÕÐ×ÊÍÍÖ ûÐÐÌÛÊÑÓÎÕÐÍÈÐÓÕÔÈÓÎÕÉÔÛÐÐÚ×ÉÔÓ×ÐØ×Ø©ÙÇÈÍÖÖ¨ÈÃÌ×ÉÎÍÏÍÊ×ÈÔÛÎ ×ÓÕÔÈ××ÎÖ××ÈÔÓÕÔÛÎØÛÊÊÛÎÕ×ØÉÍÕÐÛÊ×ÓÉÎÍÈÙÛÉÈÍÎÈÍÛØÒÍÓÎÓÎÕ ÌÊÍÌ×ÊÈÓ×É ÷ä÷ùçèóæ÷éçïïûêã Christ the King Presbyterian Church is requesting a Special Use Permit for the establishment of a Religious Assembly on a vacant 4.7 acre parcel located at 3959 Electric Road, and the adjacent 0.45 acre parcel located at 2315 Bridle Lane which has an existing single family style building. They are also seeking to amend proffered conditions on both properties which were created in 2008 for the purpose of an office building project that was never constructed. The properties are within the Windsor Hills Magisterial District. According to the 2005 Roanoke County Comprehensive Plan, the Future Land Use Designation of the property is Transition. Transition areas are typically buffers between higher intensity developments such as highways and commercial areas and lower intensity uses such as residential areas. ûììðóùûúð÷ê÷õçðûèóíîé Religious Assembly is allowed by Special Use Permit in the C-1 zoning district. Building plan review is required for any proposed interior alterations of the existing structure (Phase One). Site plan review is required for the construction of the church (Phases Two through Four). éíö÷äóéèóîõùíîøóèóíîé Background – The property located at 2315 Bridle Lane has an 1800 sq. ft. existing house. The properties underwent a rezoning from R-3C to C-1C in 2008 in preparation for an office complex development that was never constructed. The conditions applied at that time are not appropriate to the 1 current proposed Religious Assembly use. Christ the King Presbyterian Church has a congregation of approximately 210 members and currently utilizes a space at North Cross School for their meetings. Surrounding Neighborhood - The subject property is zoned C-1, Office District. There is one C-1 parcel adjacent to the vacant parcel, which is currently used as an insurance office. The other adjacent parcels are all zoned R-1 and are single family residences. ûîûðãéóéíöìêíìíé÷øø÷æ÷ðíìï÷îè Site Layout/Architecture – The site development is divided into four phases. During Phase One, the applicant plans to immediately begin utilizing the existing house as church office space. They are currently working with the Office of Building Safety on interior modifications to permit a change of use. No exterior renovations are planned. Phase Two includes the construction of a 16,500 sq. ft. multipurpose building, 106 parking spaces, and access onto 419/Electric Road. Phase Three includes the construction of a 20,000 sq. ft. building and an additional 58 parking spaces. Phase Four includes the construction of another 3,600 sq. ft. addition onto the multipurpose building to complete the construction of the church. Access/Traffic Circulation – Access to Phase One of the project will continue via Bridle Lane. During Phase Two of the development access will be constructed onto 419/Electric Road. Only one access point will be allowed on Route 419 per VDOT. This access point will allow for right turn only for both ingress and egress to the parking lot. Fire & Rescue/Utilities – Fire and Rescue services would continue as currently provided. For Phase One of the project Gary Huffman, Roanoke County Fire Marshall, commented that the current facility will need to undergo a change of use from the Building and Fire Code standpoint. This will require upgrades to the sprinkler system, doors, and fire alarm and a fire flow assessment may be needed. These changes will need to be submitted to and reviewed by the Building Safety Department before a change of use can be issued. For Phases Two through Four general sprinkler requirements will need to be met. Economic Development – The Roanoke County Department of Economic Development offers no objections to this Special Use Permit request. Community Meeting – A community meeting was held by the petitioner on May 31, 2012. Around 30 citizens attended, mostly members of the Christ the King Presbyterian Church congregation and a few adjacent neighbors from Bridle Lane. The Phased development plan was explained and then the meeting was opened for questions. An adjacent neighbor asked about Sunday morning traffic flow. The petitioner explained that they have conducted a traffic study outlining peak use times and the capacity of the building and that the conclusion was that no additional traffic lights are necessary and no change in the level of service for 419/Electric Road will occur. A question was posed about access from Bridle Lane. The petitioner replied that Bridle is the only access available for Phase One of the project, however beyond that they haven’t determined whether it will be used. A citizen asks if a daycare is planned and the petitioner replied no. Several members of the congregation spoke in favor of the development plan. 2 ùíîöíêïûîù÷åóèôêíûîíñ÷ùíçîèãùíïïçîóèãìðûî The 2005 Roanoke County Comprehensive Plan, indicates that the Future Land Use for the the majority of the site is designated Transition with a smaller portion designated as Neighborhood Conservation. The 4.255-acre undeveloped tract is designated Transition, and the 0.455-acre home site is designated Neighborhood Conservation. The Transition designation is a future land use area that encourages the orderly development of highway frontage parcels. Transition areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development. The proffered site and building plans conform with the policies and guidelines of the Transition future land use designation. This development meets the intent of the Future Land Use designation by serving as a developed buffer between a major roadway and a residential neighborhood. The portion of the site that contains the single family dwelling is designated Neighborhood Conservation. The church office use is consistent with this Future Land Use designation. The proposed development conforms with the Roanoke County Comprehensive Plan, and the 419 Frontage Development Plan. éèûööùíîùðçéóíîé There are no anticipated impacts of the proposed church on adjacent uses. The existing house is suitable for use as an office building and should have no traffic impact on the neighbors. 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¿®»¿ ±º ¬¸» »¨°¿²·±² · ²±¬ ³±®» ¬¸¿² ¬©± ¸«²¼®»¼ øîðð÷ °»®½»²¬ ±º ¬¸» »¨·¬·²¹ ¹®± º´±±® ¿®»¿å ¿²¼ ½ò Ì¸» »¨°¿²·±² ¼±» ²±¬ ·²½´«¼» ¿ °®·²½·°¿´ ©±®¸·° ¿®»¿ »¨°¿²·±² ±º ³±®» ¬¸¿² º·º¬§ øëð÷ °»®½»²¬ ±º ¬¸» »¨·¬·²¹ °»®³¿²»²¬ »¿¬·²¹ò ß´´ ±¬¸»® »¨°¿²·±² ³«¬ ±¾¬¿·² ¿ Í°»½·¿´ Ë» Ð»®³·¬ò øÜ÷ ß¼¼·¬·±²¿´ ¬¿²¼¿®¼ ·² ¬¸» Ýóî ¼·¬®·½¬æ ïò ß´´ ²»© Î»´·¹·±« ß»³¾´§ «» ®»¯«·®» ¿ Í°»½·¿´ Ë» Ð»®³·¬ò îò Û¨°¿²·±² ±º »¨·¬·²¹ «» ¿®» °»®³·¬¬»¼ ¾§ ®·¹¸¬ò øÑ®¼ò Ò±ò ìîêçìóïîô y ïçô ìóîêóçìå Ñ®¼ò Ò±ò ðìîéççóïïô y îô ìóîéóçç÷ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 28, 2012 ORDINANCE AMENDING THE PROFFERED CONDITIONS ON APPROXIMATELY 4.7 ACRES OF REAL ESTATE ZONED C-1C, OFFICE DISTRICT WITH CONDITIONS, AND OBTAINING A SPECIAL USE PERMIT FOR RELIGIOUS ASSEMBLY, LOCATED AT 2315 BRIDLE LANE AND THE 2400 BLOCK OF ELECTRIC ROAD (ROUTE 419) (TAX MAP NOS. 076.11-03-75.00, 076.11-03-76.00) WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, on November 11, 2008, the Board of Supervisors adopted Ordinance #111108-11 changing the zoning classification of approximately 4.75 acres of real estate located at 2315 Bridle Lane and the 2400 block of Electric Road, respectively, to C-1C, Office District with conditions upon the application of the Cherney Development; and WHEREAS, the Applicant, Christ the King Presbyterian Church, has petitioned the Board to amend the proffered conditions from the 2008 rezoning on the 4.75 acres of real estate; and WHEREAS, the Planning Commission held a public hearing on this matter on August 7, 2012; and WHEREAS, the first reading of this ordinance was held on July 24, 2012, and the second reading and public hearing was held on August 28, 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: Page 1 of 3 1. That the proffered conditions placed on that certain tract of real estate containing approximately 4.7 acres located at 2315 Bridle Lane and the 2400 block of Electric Road (Tax Map Nos. 076.11-03-75.00, 076.11-03-76.00) Windsor Hills Magisterial District by Ordinance #11108-11 are hereby repealed. 2. That the applicant and the owner of the property have voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts 1) The properties will be developed in substantial conformity with the concept plan dated May 31, 2012, titled “Master Site Plan Christ the King Presbyterian Church, Roanoke, Virginia”, prepared by WKWW Architects, subject to those changes which may be required by Roanoke County during comprehensive site plan review. 2) Exterior finish materials for all buildings constructed on the properties shall be limited to the following: brick; wood, vinyl or composite wood substitute lap siding and trim; glass; stucco or exterior insulated finish system (EIFS); stone face colored concrete block; stone or cast stone; standing seam metal, copper, composite slate tile or asphalt shingle roof. 3) All parking lot lighting shall be shielded “cut-off” types no more than eighteen (18) feet high and arranged so glare is not cast onto adjoining properties. 3. That the Board finds that the granting of a special use permit to the Christ the King Presbyterian Church for religious assembly on approximately 4.7 acres located at 2315 Bridle Lane and the 2400 block of Electric Road (Tax Map Nos. 076.11-03- 75.00, 076.11-03-76.00) in the Windsor Hills Magisterial District is substantially in Page 2 of 3 accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved. 4. That this action is taken upon the application of the Christ the King Presbyterian Church. 5. That this ordinance shall be in full force and effect thirty 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 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, AUGUST 28, 2012 ORDINANCE AMENDING CHAPTER 5 “ANIMALS AND FOWL” AND SECTIONS 30-29 AND 30-88-2 OF THE ROANOKE COUNTY CODE TO PROVIDE FOR DEFINITIONS AND TO ESTABLISH STANDARDS FOR RESIDENTIAL CHICKEN KEEPING WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 7, 2012; and WHEREAS, the first reading of this ordinance was held on August 14, 2012, and the second reading and public hearing was held on August 28, 2012; and WHEREAS, public necessity, convenience, general welfare and good zoning practice are valid public purposes for such recommendations by the Planning Commission and action by the Board of Supervisors; and, NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Roanoke County Code be amended to read and provide as follows: Chapter 5. Animals and Fowl. Article I. In General. Sec. 5-2. Lot boundary lines constitute fences as to livestock and poultry; permitting livestock and poultry to run at large. (a) The boundary line of each lot or tract of land in the county is hereby constituted a lawful fence as to any livestock and poultry domesticated by man, except as otherwise provided in Sec. 5-38. Residential Chicken Keeping. (b) It shall be unlawful and a Class 4 misdemeanour for the owner or any person in charge or control of any livestock and poultry domesticated by man to permit the same to run at large beyond the boundaries of his own land. Page 1 of 7 (c) In addition to any penalty imposed for a violation of any provisions of Section 5-2, such violation is hereby declared a public nuisance and any person suffering injury or damage therefrom may seek the correction, removal or abatement of such nuisance through appropriate suit in equity. Article II. Dogs, Cats and Other Animals. Sec. 5-21. Definitions. For the purposes of this article, the following words and phrases shall have the meanings ascribed to them by this section, unless otherwise indicated to the contrary: Adequate care or care: The responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health. Adequate exercise or exercise: The opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal. Adequate feed: Access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species. Adequate shelter: Provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors: (1) Permit the animals' feet to pass through the openings; (2) Sag under the animals' weight; or Page 2 of 7 (3) Otherwise do not protect the animals' feet or toes from injury are not adequate shelter. Adequate space: Sufficient space to allow each animal to: (1) Easily stand, sit, lie, turn-about, and make all other normal body movements in a comfortable, normal position for the animal; and (2) Interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three (3) times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space. Adequate water: Provision of and access to clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at least once every twelve (12) hours, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles that are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices. Animal nuisance: Is created when any companion animal, dog, cat or other domestic animal unreasonably annoys humans, endangers the life or health of other animals or persons or substantially interferes with the rights of citizens, other than their owners, to the enjoyment of life or property. Such acts of nuisance shall include, but are not limited to, the following: (1) Damages property other than that of the animal's owner; (2) Attacks or disturbs other animals, persons or vehicles by chasing, barking or biting; (3) Makes excessive noises including, but not limited to, barking, whining, howling, caterwauling or crying; Page 3 of 7 (4) Creates noxious or offensive odors; (5) Defecates upon any public place or upon premises not owned or controlled by the owner unless promptly removed by the animal's owner; or (6) Creates an unsanitary condition or insect breeding site due to an accumulation of excreta or filth. Capon: A neutered male chicken. Cat: Any member of the animal species felis catus. Chicken:A domestic fowl, Gallus domesticus. Chicken Enclosure:A fenced or wire area, in addition to a coop, that provides chickens with a predator-resistant, outside space. Coop:A building or enclosed structure that houses chickens and provides shelter from the elements and from predators. Companion animal: Any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter. Dangerous dog: A canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat or killed a companion animal that is a dog or cat; however, when a dog attacks or bites a companion animal that is a dog or cat, the attacking or biting dog shall not be deemed dangerous: (1) If no serious physical injury as determined by a licensed veterinarian has occurred to the dog or cat as a result of the attack or bite; (2) Both animals are owned by the same person; (3) If such attack occurs on the property of the owner or custodian of the attacking or biting dog; or (4) For other good cause as determined by the court. Page 4 of 7 No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. Dog: Every dog or canine, canine crossbreed or hybrid canine, regardless of age. Domestic animal: Any dog, cat, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic hares and rabbits and other birds and animals raised and maintained in confinement. Hen: A female chicken. Hybrid canine: Any animal or its offspring which at any time has been or is permitted, registered, licensed, advertised or otherwise described or represented as a hybrid canine, wolf or coyote by its owner to a licensed veterinarian, law-enforcement officer, animal warden, humane investigator, official of the department of health, or compliance officer who is under the direction of the state veterinarian. Kennel: An enclosure or structure used to house, shelter, restrain, exercise, board, breed, handle or otherwise keep or care for more than three (3) dogs four (4) months of age or older, from which they cannot escape. The enclosure or structure shall not mean a dwelling or a fence used to demarcate a property line. For purposes of this Chapter and the license tax, the term "kennel" shall also include "multiple dog permit." Livestock: Cattle, horses, sheep, goats, swine and enclosed, domesticated rabbits or hares. Other officer: All persons employed by the county or elected by the people of the county whose duty it is to preserve the peace, to make arrests or to enforce the law. Owner: Any person having a right of property in a companion animal, dog or cat, and any person who keeps or harbors a companion animal, dog or cat or has the companion animal, dog or cat in his care or who acts as its custodian, and any person who permits a companion animal, dog or cat to remain on or about any premises occupied by him. Poultry: All domestic fowl and game birds raised in captivity. Rooster: A male chicken usually kept for breeding. To run at large: A domestic or feral dog, exotic or poisonous animal or exotic bird or poultry shall be deemed to run at large while roaming, running or self-hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control. Vicious dog: A canine or canine crossbreed that has: Page 5 of 7 (1) Killed a person; (2) Inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (3) Continued to exhibit the behavior that resulted in a previous finding by a court or on or before July 1, 2006, by an animal control officer as authorized by local ordinance that it is a dangerous dog, provided that its owner has been given notice of that finding. Sec. 5-38. – Standards for Residential Chicken Keeping. The keeping of up to six (6) female chickens (hens) shall be permitted in non- agriculturally zoned areas of the county subject to the following standards: (1) The principal use of the property is a single-family dwelling. (2) The owner of the chickens must reside on the property on which the chickens are kept. (3) Chickens shall be kept within a predator-resistant coop or chicken enclosure at all times and shall not be permitted to run at large. (4) Coops and chicken enclosures shall be setback at least ten (10) feet from side and rear property lines and at least thirty-five (35) feet from any residential dwelling on an adjacent lot. Coops and chicken enclosures shall also be located behind the front building line of the principal structure. (5) Coops shall provide at least two (2) square feet of interior space per chicken and chicken enclosures shall provide at least ten (10) square feet of exterior space per chicken with a maximum total area of 150 square feet for both the coop and chicken enclosure. Neither the coop nor chicken enclosure shall exceed ten (10) feet in height. (6) Coops and chicken enclosures shall be well-ventilated and kept in a clean, dry and sanitary condition at all times. (7) Provision shall be made for the storage and removal of chicken waste (manure). Such waste shall not create a nuisance or health hazard to adjoining property owners. (8) All chicken feed or other material intended for consumption by chickens shall be kept in containers impenetrable by rodents, insects or predators. Page 6 of 7 (9) The keeping of roosters, capons, and crowing hens is prohibited. (10) The outdoor slaughtering of chickens is prohibited. Zoning Ordinance Sec. 30-29. – Use Types; Generally. Agriculture: The use of land for the production of food and fiber, including farming, dairying, pasturage, agriculture, horticulture, viticulture, and animal and poultry husbandry. A garden and residential chicken keeping, accessory to a residence, shall not be considered agriculture. Residential Chicken Keeping: The keeping of up to six (6) female chickens (hens) in non-agriculturally zoned areas as an accessory use to a single family residence subject to the standards set out in Chapter 5. Animals and Fowl, Sec. 5-38. – Standards for Residential Chicken Keeping. Sec. 30-88-2. – Accessory Uses: Residential Use Types. (A) Residential use types may include the following accessory uses, activities or structures on the same site or lot: 10. Residential Chicken Keeping including coops and chicken enclosures provided that: (a) Coops and chicken enclosures shall be setback at least ten (10) feet from side and rear property lines and at least thirty-five (35) feet from any residential dwelling on an adjacent lot. Coops and chicken enclosures shall also be located behind the front building line of the principal structure. (b) Coops shall provide at least two (2) square feet of interior space per chicken and chicken enclosures shall provide at least ten (10) square feet of exterior space per chicken with a maximum total area of 150 square feet for both the coop and chicken enclosure. Neither the coop nor chicken enclosure shall exceed ten (10) feet in height. (c) A zoning permit has been obtained by the owner of the chickens. 2. That this ordinance shall be in full force and effect from and after its adoption. Page 7 of 7 ACTION NO. _______________ ITEM NO. _______Q-1________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 28, 2012 AGENDA ITEM: Consideration of Roanoke County’s continued membership in ICLEI – Local Governments for Sustainability SUBMITTED BY: Paul M. Mahoney County Attorney APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Supervisor Church has asked that this item be placed on the agenda for discussion by the Board of Supervisors. Page 1 of 1