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Home My WebLink About5/28/2013 - RegularRoanoke County Board of Supervisors May 28, 2013 INVOCATION: Pastor Gregory D. Reynolds The Wesleyan Church PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: cial start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of Page 1 of 7 Roanoke County Board of Supervisors Agenda May 28, 2013 Good afternoon and welcome to our meeting for May 28, 2013. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Board of site at www.RoanokeCountyVA.gov.Our meetings are closed-captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring the week of June 3-7, 2013, as Business Appreciation Week in the County of Roanoke (Jill Loope, Acting Director of Economic Development) D. BRIEFINGS E. NEW BUSINESS Page 2 of 7 F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCE-CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission 1. Larry and Rhonda Conner to obtain a Special Use Permit in a R-1, Low Density Resident, District for an accessory apartment on approximately 4.68 acres, located at 6185/6183 Bent Mountain Road, Windsor Hills Magisterial District 2. Fellowship Community Church to obtain a Special Use Permit in a R-1, Low Density Residential, District for the construction of an overflow parking lot on approximately .412 acre, located at 1230 Red Lane Extension, Lot 11, Catawba Magisterial District 3. Carol Lachowicz to obtain a Special Use Permit in a AV, Agricultural/Village Center, District for the operation of a automobile repair services, minor on approximately 4.476 acres, located at 8364 Bent Mountain Road, Windsor Hills Magisterial District 4. Pelewoo Properties LLC to obtain a Special Use Permit in a C-2C, General Commercial, District with conditions for the operation of an automobile dealership, used on approximately 1.57 acres, located at 6802 Peters Creek and 7323 Deer Branch Road, Hollins Magisterial District 5. Charles S. Wells to rezone approximately 1.0 acre from C-2C, General Commercial, District with conditions to I-2C, High Intensity Industrial, District with conditions, located at 3327 Shawnee Drive, Catawba Magisterial District G. ADOPTION OF PROPOSED BUDGET AND SECOND READING OF ORDINANCE 1. Resolution adopting the fiscal year 2013-2014 budget, including the fiscal years 2014-2018 Capital Improvement Plan, for Roanoke County, Virginia (W. Brent Robertson, Director of Management and Budget) 2. Ordinance to appropriate funds for the fiscal year 2013-2014 budget and approval of the Classification Plan for fiscal year 2013-2014 (W. Brent Robertson, Director of Management and Budget) H. APPOINTMENTS 1. Board of Zoning Appeals (appointed by District) 2. Capital Improvement Program (CIP) Review Committee (appointed by District) Page 3 of 7 3. Parks, Recreation and Tourism Advisory Commission (appointed by District) I. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes May 14, 2013 2. Confirmation of Appointments to the Clean Valley Council; Community Policy and Management Team (CPMT); the Court Community Corrections Program Regional Community Criminal Justice Board; The Roanoke Valley-Alleghany Regional Commission and the Roanoke Valley Regional CATV Committee 3. Request to accept and appropriate $60,691.90 from the Federal Emergency Management Agency and the Virginia Department of Emergency Management for reimbursement of expenditures as related to the December 2009 snow storm 4. Request to accept and appropriate $196,608.71 from the Federal Emergency Management Agency and the Virginia Department of Emergency Management for reimbursement of expenditures related to the June 2012 Derecho storm 5. Resolution requesting acceptance of the remaining portion of Stokes Drive and the remaining portion of Bolejack Boulevard into the Virginia Department of Transportation (VDOT) Secondary System 6. Request to accept and appropriate $6,139 for Roanoke County Schools for grant funds J. REQUESTS FOR WORK SESSIONS K. REQUESTS FOR PUBLIC HEARINGS L. M. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves Page 4 of 7 3. Reserve for Board Contingency 4. Comparative Statement of Budgeted and Actual Revenues as of April 30, 2013 5. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of April 30, 2013 6. Accounts Paid April 30, 2013 7.countability per Investment and Portfolio Policy as of April 2013 8. Proclamation signed by the Chairman N. WORK SESSIONS 1.-Year Improvement Plan for fiscal years 2014-2019 (David Holladay, Planning Administrator) 2. Work session to discuss health insurance reserves (Rebecca Owens, Director of Finance) 3. Work session to review bond refundings and the financing of the 2013 Bond Issue (B. Clayton Goodman, County Administrator; Brent Robertson, Director of Management and Budget and Rebecca Owens, Director of Finance) EVENING SESSION O. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Gary L. Houff, Battalion Chief Operations (Fire and Rescue), upon his retirement after more than twenty-eight (28) years of service (Richard E. Burch, Jr., Chief of Fire and Rescue) 2. Recognition of students at Cave Spring High School: (a) Resolution of congratulations to the Cave Spring High School Girls 200 Medley; 200 Freestyle Relay Teams for winning the 2013 VHSL State Group AA Championship: Page 5 of 7 Certificate of recognition to Lauren Cowher for receiving first place in the 2013 VHSL State Group AA Championship in the 50 Freestyle Certificate of recognition to Hailey Bivens for receiving first place in the 2013 VHSL State Group AA Championships in the 100 Freestyle Certificate of recognition to Maggie Harman for receiving VHSL Group AA State Championship in the 200 Medley Relay and 200 Freestyle Relay Certificate of recognition to Tess Muzzy for receiving the VHSL Group AA State Championship in the 200 Freestyle Relay (b) Certificate of recognition to Dylan Brucki for being named the VHSL First Team All State in Football (c) Certificate of recognition to Lydia Hoeppner for receiving the VHSL State Group AA Championship in the Public Forum Debate (d) Certificate of recognition to Rebekah Wellons for receiving the VHSL State Group AA Championship in the Public Forum Debate P. NEW BUSINESS 1. Resolution requesting the Virginia Department of Transportation and Norfolk Southern Railway to study safety improvements on Dry Hollow Road in Roanoke County (Paul M. Mahoney, County Attorney) Q. PUBLIC HEARING AND ADOPTION OF RESOLUTION 1. Public Hearing and Adoption of Resolution approving the Secondary Roads System Six-Year Improvement Plan for fiscal years 2014 through 2019, and the Construction Priority List and Estimated Allocations for Fiscal Year 2014 (David Holladay, Planning Administrator) R. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Permit in a C-2S, General Commercial, District with Special Use Permit to increase a drive-in and fast food restaurant by more than ten percent (10%) on approximately 1.296 acres, located at 4369 and 4377 Electric Road, Cave Spring Magisterial District (Philip Thompson, Deputy Director of Planning) 2. The petition of Seventh Day Adventist Reform Movement to obtain a Special Use Permit in a C-2, General Commercial, District for the operation of a religious assembly on approximately 11.685 acres, located at 5248 Hollins Page 6 of 7 Road, Hollins Magisterial District (Philip Thompson, Deputy Director of Planning) 3. The petition of Mount Union Church of the Brethren Trustees to obtain a Special Use Permit in an AR, Agricultural/Residential, District for the operation of a religious assembly on approximately 5.45 acres, located at 9240 Bent Mountain Road (near its intersection with Airpoint Road and Tinsley Lane), Windsor Hills Magisterial District (Philip Thompson, Deputy Director of Planning) 4. The petition of Seaside Heights, LLC to amend the proffered conditions and proffered Master Plan and to obtain a Special Use Permit in a C-2S, General Commercial, District with Special Use Permit for the operation of a drive-in and fast food restaurant on approximately 2.088 acres, located at 4510 Brambleton Avenue, Cave Spring Magisterial District (Philip Thompson, Deputy Director of Planning) S. CITIZEN COMMENTS AND COMUNICATIONS T. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Charlotte A. Moore 2. Richard C. Flora 3. 4. 5. Michael W. Altizer U. ADJOURNMENT Page 7 of 7 Sec. 30-83-9. Religious Assembly. (Excerpt from Roanoke County Zoning Ordinance) (A) General standards: 1. Any outdoor activity area, swimming pool, or ball field or court which adjoins a residential use type shall be landscaped with one (1) row of small evergreen trees in accordance with Section 30-92 along the property line adjoining the residential use type. Where night-time lighting of such areas is proposed large evergreen trees shall be required. 2. When a place of religious assembly adjoins a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided between the parking area(s) and the residential use type. (B) In residential districts, the maximum building coverage shall be forty (40) percent and the maximum lot coverage shall be sixty (60) percent of the total lot area. (C) In the AG-3, AG-1 and AR districts, the maximum building coverage shall be thirty (30) percent and the maximum lot coverage shall be fifty (50) percent of the total lot area. (D) In the AG-3, AG-1, AR, and R-1 districts a special use permit shall not be required for the expansion of an existing use provided all of the following conditions are met: a. The total gross floor area of the expansion itself does not exceed fifteen thousand (15,000) square feet; and b. The gross floor area of the expansion is not more than two hundred (200) percent of the existing gross floor area; and c. The expansion does not include a principal worship area expansion of more than fifty (50) percent of the existing permanent seating. All other expansions must obtain a Special Use Permit. (E) Additional standards in the C-2 district: 1. All new Religious Assembly uses require a Special Use Permit. 2. Expansions of existing uses are permitted by right. (Ord. No. 42694-12, § 19, 4-26-94; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 052411-9, § 1, 5-24-11) Religious assembly: A use locatedin a permanent building and providing regular organized religious worship andrelatedincidentalactivities,exceptprimaryorsecondary schools and day carefacilities. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, May 28, 2013 RESOLUTION APPROVING THE FISCAL YEAR 2013-2014 BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, Section 15.2-2503 of the 1950 Code of Virginia, as amended, provides that the governing body of the County shall prepare and approve an annual budget; and WHEREAS, said budget shall be prepared and approved for informative and fiscal planning purposes only; and WHEREAS, this budget contains a complete itemized and classified plan of all contemplated expenditures and all estimated revenues and borrowings for the ensuing fiscal year; and WHEREAS, a brief synopsis of said budget was published as required by the provisions of Section 15.2-2506 of the State Code, and the public hearing as required thereon was held on April 23, 2013. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That there is hereby approved the annual budget for fiscal year 2013-2014 for Roanoke County, Virginia, as shown on the attached Schedules. 2. That the preparation and approval of this budget is for informative and fiscal planning purposes only. Page1of4 County of Roanok e Adopted FY 2013-2014 Budge t May 28, 2013 Revenue EstimatesAmoun t General Fund General Government General Property Taxes$117,820,000 Local Sales Tax9,950,000 Telecommunications Tax3,763,000 Business License Tax6,250,000 Bank Franchise Tax525,000 Utility Consumer Tax3,665,000 Motor Vehicle License Tax2,215,000 Recordation/Conveyance Tax1,300,000 Meals Tax4,050,000 Hotel/Motel Tax1,055,000 Other Local Taxes666,000 Permits, Fees & Licenses476,560 Fines and Forfeitures810,400 Interest Income164,100 Charges for Services3,722,433 Commonwealth9,264,932 Federal3,275,000 Other1,996,663 Total General Government$170,969,088 Communications & Information Technology8,179,339 Comprehensive Services5,227,799 Law Library27,175 Public Works Projects184,481 S B & T Building444,580 Recreation Fee Class5,379,462 Police Special Programs1,000 Criminal Justice Academy149,410 Fleet Service Center2,770,000 Total General Fund$193,332,334 Debt Service Fund - County6,999,924 Capital Projects Fund4,553,856 Internal Service Fund1,702,631 School Operating Fund133,799,052 School Nutrition Fund5,818,000 School Debt Service Fund14,177,897 School Grants Fund5,113,019 School Capital Fund845,488 School Instructional Resources Fund945,575 School Bus Fund325,000 School Laptop Insurance Reserve305,600 Total Revenues All Funds$367,918,376 Less: Transfers(108,516,047) Total Net of Transfers$259,402,329 Page2of4 County of Roanok e Adopted FY 2013-2014 Budge t May 28, 2013 Proposed ExpendituresAmoun t General Fund General Government General Administration$2,961,923 Constitutional Officers13,415,184 Judicial Administration810,732 Management Services3,178,502 Public Safety24,815,893 Community Services10,962,574 Human Services18,817,536 Non-Departmental11,664,875 Transfers to School Operating Fund64,568,020 Transfers to School Insurance - Dental477,299 Transfers to (from) Capital Fund(202,184) Transfers to Debt Service Fund16,294,134 Transfer to Public Works Projects184,481 Transfer to Comprehensive Services1,853,000 Other1,167,119 Total General Government$170,969,088 Communications and Information Technology8,179,339 Comprehensive Services5,227,799 Law Library27,175 Public Works Projects184,481 S B & T Building444,580 Recreation Fee Class5,379,462 Criminal Justice Academy1,000 Police Special Programs149,410 Fleet Service Center2,770,000 Total General Fund$193,332,334 Debt Service Fund - County6,999,924 Capital Projects Fund4,553,856 Internal Service Fund1,702,631 School Operating Fund133,799,052 School Nutrition Fund5,818,000 School Debt Fund14,177,897 School Grants Fund5,113,019 School Capital Fund845,488 School Textbook Fund945,575 School Bus Fund325,000 School Laptop Insurance Reserve305,600 Total Expenditures All Funds367,918,376 Less: Transfers$(108,516,047) Total Net of Transfers$259,402,329 Page3of4 County of Roanoke FY2014-2018 Capital Improvement Program Summary of Funded Projects Prior Year(s) TOTAL Department / Project Name2015-20162016-20172017-2018Total Project Funding2013-20142014-2015FY14-18 Project To Be Identified: $20,000,000 Project To Be Identified$10,000,000(3)$10,000,000(3)$20,000,000 Total Funded CIP Projects FY2014-2018 $0$10,000,000$0$0$10,000,000$0$20,000,000$20,000,000 TOTAL 2015-20162016-20172017-2018 2013-20142014-2015FY14-18 Summary of Funding Sources $0 (1) General Operating Fund$0$0$0$0$0 $0 (2) Previously Appropriated Funds$0$0$0$0$0 $20,000,000 (3) Future Bond Sale$10,000,000$0$0$10,000,000$0 Total FY14-18 CIP Funding $10,000,00$$$10,000,00$$20,000,00 000000 Page4of4 County of Roanoke Adopted FY 2013-2014 Budget May 28, 2013 Revenues: General Fund: General Government$170,969,088 Communications & Information Technology8,179,339 Comprehensive Services5,227,799 Law Library27,175 Public Works Projects184,481 SB&T-Social Services Building444,580 Recreation Fee Class5,379,462 Police Special Programs1,000 Criminal Justic Academy149,410 Fleet Service Center2,770,000 Total General Fund$193,332,334 Debt Service Fund - County$6,999,924 Capital Projects Fund$4,553,856 Internal Service Fund - Risk Management$1,702,631 School Funds: Operating$133,799,052 Nutrition5,818,000 Debt14,177,897 Grants5,113,019 Capital845,488 Instructional Resources945,575 Bus325,000 Laptop Insurance Reserve305,600 Total School Fund$161,329,631 Total All Funds$367,918,376 Expenditures: General Government: General Administration Board of Supervisors$293,582 County Administrator291,306 Public Information181,566 Asst. Co. Administrators361,754 Human Resources758,820 County Attorney550,776 County of Roanoke Adopted FY 2013-2014 Budget May 28, 2013 Economic Development524,119 Total General Administration$2,961,923 Constitutional Officers Treasurer$769,261 Commonwealth Attorney1,071,134 Commissioner of the Revenue793,362 Clerk of the Circuit Court1,066,296 Sheriff's Office9,715,131 Total Constitutional Officers$13,415,184 Judicial Administration Circuit Court$237,972 General District Court69,940 Magistrate1,590 J & DR Court21,086 Court Service Unit480,144 Total Judicial Administration$810,732 Management Services Real Estate Assessments$847,625 Finance1,223,110 Public Transportation420,000 Management and Budget291,666 Procurement Services396,101 Total Management Services$3,178,502 Public Safety Police$11,278,325 Fire and Rescue13,537,568 Total Public Safety$24,815,893 Community Services General Services$5,794,587 Community Development3,978,282 Building Maintenance1,189,705 Total Community Services$10,962,574 County of Roanoke Adopted FY 2013-2014 Budget May 28, 2013 Human Services Grounds Maintenance$2,267,553 Parks and Recreation2,152,085 Public Health500,358 Social Services8,420,785 Contributions-Human Service, Cultural, Tourism, Dues 1,690,465 Library3,385,129 VA Cooperative Extension87,097 Elections314,064 Total Human Services$18,817,536 Non-Departmental Employee Benefits$2,584,997 Miscellaneous1,834,432 Internal Service Charges7,245,446 Total Non-Departmental$11,664,875 Transfers to Other Funds Transfer to Debt - General & Schools$16,294,134 Transfer to (from) Capital(202,184) Transfer to Schools64,568,020 Transfer to Schools - Dental Insurance477,299 Transfer to Public Works Projects184,481 Transfer to Internal Services1,067,119 Transfer to Comprehensive Services1,853,000 Total Transfers to Other Funds$84,241,869 Unappropriated Balance Board Contingency$100,000 Total General Government$170,969,088 Communications & Information Technology$8,179,339 Comprehensive Services$5,227,799 Law Library$27,175 Public Works Projects$184,481 SB&T-Social Services Building$444,580 County of Roanoke Adopted FY 2013-2014 Budget May 28, 2013 Recreation Fee Class$5,379,462 Police Special Programs$1,000 Criminal Justice Academy$149,410 Fleet Service Center$2,770,000 Total General Fund$193,332,334 Debt Service Fund - County$6,999,924 Capital Projects Fund$4,553,856 Internal Services Fund - Risk Management$1,702,631 Scoo Funs: hld Operating$133,799,052 Nutrition5,818,000 Debt14,177,897 Grants5,113,019 Capital845,488 Instructional Resources945,575 Bus325,000 Laptop Insurance Reserve305,600 Total School Funds$161,329,631 Total All Funds$367,918,376 M-8 Ý±«²¬§±ºÎ±¿²±µ»ôÊ·®¹·²·¿ Ý±«²¬§Ø»¿´¬¸×²«®¿²½»Ð±´·½§ Ñ¾¶»½¬·ª»¬×¬·¬¸»¹±¿´±º¬¸»Ý±«²¬§±ºÎ±¿²±µ»¬±°®±ª·¼»¿ºº±®¼¿¾´»¸»¿´¬¸·²«®¿²½» ½±ª»®¿¹»¬±¿´´º«´´¬·³»»³°´±§»»¬¸¿¬©±«´¼´·µ»¬±°¿®¬·½·°¿¬»ô¿²¼¬±¯«¿´·º·»¼®»¬·®»»òÌ¸» Ý±«²¬§©·¸»¬±½±²¬¿·²¬¸»½±¬±º¬¸»¾»²»º·¬°´¿²©¸·´»·³«´¬¿²»±«´§°®±³±¬·²¹¿ ¸»¿´¬¸§©±®µº±®½»ò ïòÙ«·¼»´·²»º±®¬¸»°«®½¸¿»±º»³°´±§»»¸»¿´¬¸·²«®¿²½»òÌ¸»Ý±«²¬§¸¿¼»¬»®³·²»¼ ¬¸»º±´´±©·²¹¿®»·²¬¸»¾»¬·²¬»®»¬±º°®±ª·¼·²¹¿ºº±®¼¿¾´»¸»¿´¬¸·²«®¿²½»æ ¿òÌ¸»Ý±«²¬§·»´º·²«®»¼º±®¸»¿´¬¸·²«®¿²½»ô¿²¼¾·¼¬¸»¿¼³·²·¬®¿¬·±²¿²¼ »¨½»½±ª»®¿¹»±º¬¸»·²«®¿²½»»ª»®§íë§»¿®ò ¾òÌ¸»Ý±«²¬§°«®½¸¿»¸»¿´¬¸·²«®¿²½»¿¼³·²·¬®¿¬·±²¿²¼»¨½»½±ª»®¿¹»·²¿ ¹®±«°¬¸¿¬·²½´«¼»¬¸»Î±¿²±µ»Ý±«²¬§Í½¸±±´ô¬¸»É»¬»®²ÊßÎ»¹·±²¿´Ö¿·´ô ¿²¼¬¸»Î±¿²±µ»Ê¿´´»§Î»±«®½»ß«¬¸±®·¬§òÌ¸»Ý±«²¬§©·´´½±²¬·²«»¬± °¿®¬·½·°¿¬»·²¬¸·¹®±«°°«®½¸¿»ô¿´±²¹¿·¬·¾»²»º·½·¿´ò ½òÌ¸»Ý±«²¬§½±²¬®¿½¬©·¬¸¿²·²¼»°»²¼»²¬¸»¿´¬¸·²«®¿²½»½±²«´¬¿²¬òÌ¸· ½±²«´¬¿²¬¿·¬¬¸»Ý±«²¬§·²¾·¼¼·²¹¬¸»¸»¿´¬¸·²«®¿²½»°¿½µ¿¹»»ª»®§íë §»¿®ò×²²±²¾·¼¼·²¹§»¿®ô¬¸»½±²«´¬¿²¬¿·¬·²²»¹±¬·¿¬·²¹®»²»©¿´ ½±²¬®¿½¬©·¬¸¬¸»»¨·¬·²¹ª»²¼±®òÌ¸»½±²«´¬¿²¬¿´±¸»´°¿²»»¼»¼¬± »ª¿´«¿¬»²»©°®±¹®¿³±®±¬¸»®³¿¬¬»®·²ª±´ª·²¹¸»¿´¬¸·²«®¿²½»ò îòÕ»»°³»¼·½¿´°´¿²½±¬º±®Ý±«²¬§ôÍ½¸±±´ô»¬¿´ô¾»´±©¬¸»»¨½·»¬¿¨¬¸®»¸±´¼ ¿òÑ²¿²¿²²«¿´¾¿·ô¿½±³³·¬¬»»½±³°±»¼±º»³°´±§»»º®±³Î±¿²±µ»Ý±«²¬§ô Î±¿²±µ»Ý±«²¬§Í½¸±±´ô¬¸»ÉÊÎÖß¿²¼¬¸»ÎÊÎß³»»¬©·¬¸±«®·²«®¿²½» ½±²«´¬¿²¬¬±¼»½·¼»©¸¿¬½¸¿²¹»©·´´¾»³¿¼»·²¬¸»¸»¿´¬¸·²«®¿²½»¾»²»º·¬ ¿²¼®¿¬»ò ¾òÎ»ª·»©¿²§½¸¿²¹»®»¯«·®»¼¾§º»¼»®¿´±®¬¿¬»´»¹·´¿¬·±²ò ½òÎ»ª·»©¬¸»·²½®»¿»·²¬¸»½±¬±º¸»¿´¬¸·²«®¿²½»±ª»®¬¸»°®»ª·±«§»¿®ò ¼òÓ¿µ»°´¿²¼»·¹²½¸¿²¹»«½¸¬¸¿¬¬¸»»¨½·»¬¸®»¸±´¼©·´´²±¬¾»»¨½»»¼»¼ò Ì¸»»½¸¿²¹»·²½´«¼»æ ·òÎ»¼«½·²¹¾»²»º·¬ ··ò×²½®»¿·²¹½±°¿§±®¼»¼«½¬·¾´» ···òÎ»ª·»©·²¹¬¸»»¨½»½±ª»®¿¹»´»ª»´ »òÌ¸»Ý±«²¬§©·´´»ª¿´«¿¬»¬¸»´±²¹®¿²¹»«¬¿·²¿¾·´·¬§±º¿²§¾»²»º·¬½¸¿²¹» ¾»º±®»¿¼±°¬·²¹¬¸»½¸¿²¹»ò ºòÌ¸»½±¬¸¿®·²¹¿®®¿²¹»³»²¬¸¿´´¾»¬®«½¬«®»¼¬±¹·ª»¬¸»»³°´±§»»¿¬¿µ» ·²´±©»®½±¬ò íòÉ»´´²»×²·¬·¿¬·ª»òÌ¸»Ý±«²¬§±ºº»®»ª»®¿´©»´´²»·²·¬·¿¬·ª»·²±®¼»®¬±°®±³±¬»¿ ¸»¿´¬¸§©±®µº±®½»òÌ¸»»©»´´²»·²·¬·¿¬·ª»·²½´«¼»æ ¿òß²¿²²«¿´¸»¿´¬¸®·µ¿»³»²¬ô©¸·½¸·²½´«¼»¿½¬·±²·¬»³º±®·¼»²¬·º·»¼®·µ ¾òß²±²·¬»½´·²·½ ½òÛ¼«½¿¬·±²¿´½´¿»¿²¼»³·²¿® ¼òß½®»¼·¬±²¸»¿´¬¸·²«®¿²½»°®»³·«³·º¬¸»§°¿®¬·½·°¿¬»·²¬¸»©»´´²» °®±¹®¿³ ìòÛ¬¿¾´·¸³»²¬±ºØ»¿´¬¸×²«®¿²½»Î»»®ª»òÌ¸»Ý±«²¬§¾»´·»ª»¬¸¿¬«ºº·½·»²¬ ®»»®ª»³«¬¾»»¬¿¾´·¸»¼¬±º«²¼¬¸»»´º·²«®»¼°®±¹®¿³òÌ¸»Ý±«²¬§¸¿»¬¬¸» ´»ª»´±º¬¸»Î»»®ª»¿º±´´±©æ ¿òß²¿¼»¯«¿¬»¿²¼¸»¿´¬¸§®»»®ª»¸±«´¼¿´´±©º«²¼·²¹º±®¬¸»º±´´±©·²¹ ·òÝ´¿·³·²½«®®»¼¾«¬²±¬®»°±®¬»¼ ··òÍ»´º·²«®»º±®¿²¿¹¹®»¹¿¬»®·µ´»ª»´±ºïïëû ···òß¼ª»®»½´¿·³º´«½¬«¿¬·±²ô¸¿®°®¿¬»·²½®»¿»¿²¼«²½»®¬¿·²¬§·²¬¸» ³¿®µ»¬ ·ªòØ»¿´¬¸Ý¿®»Î»º±®³ ªòÉ»´´²»Ð®±¹®¿³ ¾òÞ¿»¼±²¬¸»¿¾±ª»ô¬¸»½«®®»²¬´»ª»´±º²»»¼»¼¸»¿´¬¸·²«®¿²½»®»»®ª»·»¬ ¿¬¿²¿³±«²¬®»½±³³»²¼»¼¾§¿²·²¼»°»²¼»²¬½±²«´¬¿²¬°®±ª·¼·²¹¿²»¨°»®¬ ±°·²·±²±²¬¸»´»ª»´±ºº«²¼·²¹®»¯«·®»¼ò ½òÌ¸»´»ª»´±º¬¸»¸»¿´¬¸·²«®¿²½»®»»®ª»©·´´¾»®»ª·»©»¼±²¿²¿²²«¿´¾¿·ò Claire B. Holbrook, CEBS Senior Vice President Wells Fargo Insurance Services 9020 Stony Point Parkway Suite 200 Richmond, VA 23235 ¬¨?¬®« < Î±¿²±µ»?Êßîìðïè:®§¥¦ = = <? ? ? < = ?> > ? > ? ?= > > ?< < ¬¨?¬®« ¬ ? §ª®?¨®®«®?¬®«< «®x >Ü¬<ª< ?< Ü©®®?®®®< : < ? ?? < ¬®«îðïª üï®®?®®®< Ü«®®?®®®< ?¬®««®?¬®ª? ?? Üª<®Üª<¬ < < ? <? = ACTION NO. _______________ ITEM NO. _______O-1________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 28, 2013 AGENDA ITEM: Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Gary L. Houff, Battalion Chief Operations (Fire and Rescue), upon his retirement after twenty-eight (28) years of service SUBMITTED BY: Deborah C. Jacks Clerk to the Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Gary L. Houff retired on April 1, 2013, after twenty-eight (28) years and (7) months of service with Roanoke County. Mr. Houff is expected to attend the meeting. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 28, 2013 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO GARY L. HOUFF, BATTALION CHIEF, UPON HIS RETIREMENT AFTER TWENTY-EIGHT (28) YEARS OF SERVICE WHEREAS, Gary L. Houff was hired on September 24, 1984, and has worked as a Firefighter, Fire Lieutenant, Fire Captain, and Battalion Chief during his tenure with Roanoke County; and WHEREAS, Chief Houff retired on April 1, 2013, after twenty-eight (28) years and (7) months of devoted, faithful and expert service with the County; and WHEREAS, Chief Houff started out as a volunteer with the Vinton Fire Department and provided many years of dedicated service; and WHEREAS, Chief Houff served on the County’s Hazardous Materials Team and responded to HAZ-MAT calls throughout Southwestern Virginia; and WHEREAS, Chief Houff served on the apparatus specification committee for many years, which established the technical specifications for most if not all fire apparatus currently in use today; and WHEREAS, Chief Houff served as a Chairperson on the new hire interview panel for nine (9) years, which is responsible for selecting new employees for the Department; and WHEREAS, Chief Houff’s most lasting mark on the Department will be his ability to have influenced so many new Company Officers to be good managers but more importantly to be effective leaders within the Department; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Page 1 of 2 GARY L. HOUFF Roanoke County to , for twenty-eight (28) years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 2 of 2 ACTION NO. _______________ ITEM NO. _______O-2________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 28, 2013 AGENDA ITEM: Recognition of students at Cave Spring High School: (a) Resolution of congratulations to the Cave Spring High School Girls 200 Medley; 200 Freestyle Relay Teams for winning the 2013 VHSL State Group AA Championship: Certificate of recognition to Lauren Cowher for receiving first place in the 2013 VHSL State Group AA Championship in the 50 Freestyle Certificate of recognition to Hailey Bivens for receiving first place in the 2013 VHSL State Group AA Championships in the 100 Freestyle Certificate of recognition to Maggie Harman for receiving VHSL Group AA State Championship in the 200 Medley Relay and 200 Freestyle Relay Certificate of recognition to Tess Muzzy for receiving the VHSL Group AA State Championship in the 200 Freestyle Relay (b) Certificate of recognition to Dylan Brucki for being named the VHSL First Team All State in Football (c) Certificate of recognition to Lydia Hoeppner for receiving the VHSL State Group AA Championship in the Public Forum Debate (d) Certificate of recognition to Rebekah Wellons for receiving the VHSL State Group AA Championship in the Public Forum Debate SUBMITTED BY: Deborah C. Jacks Clerk to the Board of Supervisors APPROVED BY: B. Clayton Goodman III County Administrator Page 1 of 2 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Cave Spring High School Girls 200 Medley; 200 Freestyle Relay Teams won the 2013 VHSL State Group AA Championship. Coach Andy Huray is expected to attend to accept the resolution as well as members of the team and their families. In addition, several individual Certificates of Recognition will be awarded as follows: Dylan Brucki All State Football Lydia Hoeppner and Rebekah Wellons - State Champsionship in Public Forum Debate Coaches are expected to attend and provide additional information about each winner. The School Board members;Dr. Lorraine Lange, School Superintendent, and Principal Steve Spangler have also been invited to attend. 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, MAY 28, 2013 RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND NORFOLK SOUTHERN RAILWAY TO STUDY SAFETY IMPROVEMENTS FOR UNDERPASS ON DRY HOLLOW ROAD IN ROANOKE COUNTY WHEREAS, a dangerous condition exists at the curve beyond the Norfolk Southern railroad underpass along Dry Hollow Road in Roanoke County due to the narrowness of this road, a blind curve that allows only one-way traffic and its proximity to a steep embankment dropping off into a stream; and WHEREAS, the curve in the road immediately beyond the underpass poses safety problems for line-of-sight for vehicular travel; and WHEREAS, multiple accidents have occurred at this location, involving vehicles going over the embankment and landing in the stream adjoining this curve; and WHEREAS, school buses travel this road twice a day, and many parents use this road to travel to and from their homes to work; and WHEREAS, there has been an increase in traffic using this road to access Camp Roanoke, a Roanoke County park facility, and to access Spring Hollow Reservoir; and WHEREAS, many large trucks utilize these roads to serve this County park; and WHEREAS, numerous homes are located along this road and the three other streets that feed into Dry Hollow Road (Botts Hollow Road, Quince Mountain Road and Hidden Falls Drive). NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That the Virginia Department of Transportation and Norfolk Southern Railway study possible safety improvements for the curve and underpass at Dry Hollow Road. 2. That the Virginia Department of Transportation and Norfolk Southern Railway consider making public safety improvements to this road. 3. That the Clerk to the Board of Supervisors send a copy of this resolution to Delegate Greg Habeeb, State Senator Ralph Smith, Congressman Morgan Griffith, Senators Mark Warner, Timothy Kaine, Dana Martin, member Commonwealth Transportation Board and David F. Julian, Vice President-Safety and Environmental for Norfolk Southern. 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, MAY 28, 2013 RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND NORFOLK SOUTHERN RAILWAY TO STUDY SAFETY IMPROVEMENTS FOR UNDERPASS ON DRY HOLLOW ROAD IN ROANOKE COUNTY WHEREAS, a dangerous condition exists at the curve beyond the Norfolk Southern railroad underpass along Dry Hollow Road in Roanoke County due to the narrowness of this road, a blind curve that allows only one-way traffic and its proximity to a steep embankment dropping off into a stream; and WHEREAS, the curve in the road immediately beyond the underpass poses safety problems for line-of-sight for vehicular travel; and WHEREAS, multiple accidents have occurred at this location, involving vehicles going over the embankment and landing in the stream adjoining this curve; and WHEREAS, school buses travel this road twice a day, and many parents use this road to travel to and from their homes to work; and WHEREAS, there has been an increase in traffic using this road to access Camp Roanoke, a Roanoke County park facility, and to access Spring Hollow Reservoir; and WHEREAS, many large trucks utilize these roads to serve this County park; and WHEREAS, numerous homes are located along this road and the three other streets that feed into Dry Hollow Road (Botts Hollow Road, Quince Mountain Road and Hidden Falls Drive). NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That the Virginia Department of Transportation and Norfolk Southern Railway study possible safety improvements for the curve and underpass at Dry Hollow Road. 2. That the Virginia Department of Transportation and Norfolk Southern Railway consider making public safety improvements to this road. 3. That the Clerk to the Board of Supervisors send a copy of this resolution to Delegate Greg Habeeb, State Senator Ralph Smith, Congressman Morgan Griffith, Senators Mark Warner, Timothy Kaine, Dana Martin, member Commonwealth Transportation Board and David F. Julian, Vice President-Safety and Environmental for Norfolk Southern. 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 MAY 28, 2013 RESOLUTION APPROVING THE SECONDARY SIX-YEAR ROAD IMPROVEMENT PLAN FOR FISCAL YEARS 2014 THROUGH 2019 AND THE CONSTRUCTION PRIORITY LIST AND ESTIMATED ALLOCATIONS FOR FISCAL YEAR 2014 WHEREAS, Sections 33.1-70.1 of the Code of Virginia (1950, as amended) provides the opportunity for Roanoke County to work with the Virginia Department of Transportation in developing a Secondary Six-Year Road Improvement Plan; and WHEREAS, this Board had previously agreed to assist in the preparation of the Secondary Six-Year Road Improvement Plan, in accordance with Virginia Department of Transportation policies and procedures; and WHEREAS, a public hearing which was duly advertised on the proposed Secondary Six-Year Improvement Plan for fiscal years 2014-2019 and Construction Priority List and Estimated Allocations for fiscal year 2014 was held on May 28, 2013, to receive comments and recommendations on Roanoke County’s Secondary Six-Year Road Improvement Plan for Fiscal Years 2014-2019 as well as the Construction Priority List and Estimated Allocations for Fiscal Year 2014; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors does hereby approve the Secondary Six-Year Road Improvement Plan for Roanoke County for fiscal years 2014-2019; BE IT FURTHER RESOLVED, that the Board of Supervisors does also hereby approve the Construction Priority List and Estimated Allocations for fiscal year 2014; BE IT FURTHER RESOLVED that a copy of this resolution duly attested to be forthwith forwarded to the Virginia Department of Transportation Salem Residency Page 1 of 2 Office along with a duly attested copy of the proposed Roanoke County Secondary Six- Year Road Improvement Plan for fiscal years 2014-2019 by the Clerk to the Board. Page 2 of 2 R-1 PETITIONER: Wendy’s of Western Virginia CASE NUMBER: 05-05/2013 st Board of Supervisors Consent 1 Reading Date: April 23, 2013 Planning Commission Hearing Date: May 7, 2013 nd Board of Supervisors Hearing & 2 Reading Date: May 28, 2013 A. REQUEST To obtain a Special Use Permit in a C-2S, General Commercial, District with Special Use Permit to increase a drive-in or fast food restaurant by more than ten percent (10%) on approximately 1.296 acres, located at 4369 and 4377 Electric Road, Cave Spring Magisterial District. B. CITIZEN COMMENTS No citizens spoke on this petition. C. SUMMARY OF COMMISSION DISCUSSION Philip Thompson presented the staff report. Commissioners discussed the concept plan, traffic flow at the current Wendy’s, design of the new building, and the construction timeframe for the project. Scott Quesinberry, representing the petitioner, was present to answer questions. He stated that the new building location was designed to alleviate the current traffic flow problems. He also stated that the new Wendy’s would have a modern design with outdoor seating. If approved, construction would start around January 2014 and last about 75+ days. They would keep the existing Wendy’s open during construction provided that public safety could be maintained. D. CONDITIONS 1. The site shall be developed in general conformity with the Wendy’s Preliminary Site Plan dated December 14, 2012. E. COMMISSION ACTION Mr. Woltz made a motion to recommend approval of the petition with one condition. The motion passed 4-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: X Concept Plan X Vicinity Map X Staff Report X Other Philip Thompson, Secretary Roanoke County Planning Commission Page 1 of 1 STAFF REPORT Petitioner: Wendy’s Of Western Virginia, Inc. Request: To obtain a Special Use Permit in a C-2S, General Commercial, District with Special Use Permit to increase a drive-in orfast food restaurant by more than ten percent (10%) on approximately 1.296 acres. Location:4369 & 4377 Electric Road Magisterial Cave Spring District: Suggested 1. The site shall be developed in general conformity with the Conditions: Wendy’s Preliminary Site Plan prototype dated December 14, 2012. ÷ä÷ùçèóæ÷éçïïûêã This is a request by the petitioner to obtain a Special Use Permit in a C-2S, General Commercial, District with Special Use Permit to increase the building square footage of a drive- in orfast food restaurant by more than ten percent (10%) located at 4369 and 4377 Electric Road. There arecurrently a fast food restaurant and a cash title business on the 1.296acre site. The petitioner plans to demolish both buildings and build a new fast food restaurant. A Special Use Permit to expand the existing restaurant was approved in 1997 per Ordinance #102897-14. The property is designated as Core on the 2005 Future Land Use map. ûììðóùûúð÷ê÷õçðûèóíîé The Roanoke County Zoning Ordinance defines a “Restaurant, drive-in or fast food” as an establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery or table service, served at a counter, a drive-up or drive through service facility or offers curb service. Typical uses include drive-in restaurantsor coffee shops. Since the proposed expansion exceeds 10% of the existing building area, a Special Use Permit is required per Section 30-23-2 (F) of the zoning ordinance. (See the attached section.) These restaurants are allowed in C-2, General Commerciallyzoned districts with a Special Use Permit per Section 30-85-24(A). The applicable section under general standards is as follows: 1.All drive-through windows shall comply with the standards for drive-through facilities contained in Section 30-91-6(A). (See the attached section.) Roanoke County site development and Building Safety review will be required. 1 ANALYSIS OF EXISTING CONDITIONS Background – This restaurant and the other structure on the site wereoriginally built in the mid 1970’sper the Roanoke County Real Estate records. Due to the increased business on the site, aspecial use permit was applied for and approved by the Board of Supervisors in 1997 to expand the restaurant in two phases which includedrenovating the kitchen anddining room areas. The other structure on the site (which will be demolished to allow for construction of the proposed Wendy’s structure) has had several uses since it was constructed.Parking has been shared between the two businesses. Topography/Vegetation–This site is flat with minimal landscapingin the front section.In the rear of the site above the retaining wallthere is a steep pervious areaconsisting of some trees and undergrowth. Both the retaining wall(s) and the rear pervious area will remain as they currently stand on the site. Surrounding Neighborhood – The adjoining parcelsand surrounding area areall commercially zoned and include Tanglewood Mall across Electric Road (Route 419)to the north, the South Peak entrance road on the southwest side, the vacant South Peak property on the south, and the Enterprise rental office on the east side.TheCopper Croft apartment complex is locatedone parcelfurther southwest from the Wendy’s site. Additionally, the Route 220/419 interchange is located northeastof the site. 3.ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture – The existing Wendy’s structure is listed as a slab on grade, brick face structure. The restaurant parking, drive aisles and drive through lane areas are located on the perimeter of the site around the restaurant. The other structure on the site is listed as slab on grade, wood on sheathing structure. Parking and drive aisles for this structure are located around the building which shares parking with the proposed Wendy’s structure as necessary.The petitioner plans demolish the two existing structures on the site to construct one approximately 4,000 square foot restaurant structure. There is a freestanding sign located on the site which the petitioner plans to re-face and continue using in addition to several attached branding signs. The exact façade and building concept have not been finalized at the time of this report. The dumpster and screened area will be relocated to the other rear corner of the lot. The Roanoke County Building Commissioner,County Economic Development and General Services departments, and the Western Virginia Water Authority had no comments. The Zoning Administrator commented that the petitioner indicated that the existing freestanding sign currently in front of the existing Wendy’s building is to remain. The Virginia Department of Transportation(VDOT) stated that the proposed development will potentially generate more traffic than the existing parcel as it currently exists and that a trip generation analysis should be prepared and submitted to the Department for review. The trip generation analysis for both the pre- and post- development will be required. Any necessary required improvements to the adjacent roadways or signalized intersection will be the sole responsibility of the developer. A land use permit will be required for any proposed construction within the VDOT right-of- 2 way and information regarding any changes to the existing drainage system should also be included inthis permit information. The Roanoke County Fire & RescueDepartmenthas no objection to the proposed demolition and total rebuild for Wendy’s. It was noted that the site will be subject to a full site plan review which will address fire department access/fire lanesas well asfire flow and hydrant location. If sprinklered, a Fire DepartmentConnection would be required. Additionally, installation of a knox box will be required and the proposed structure would not create an increase in the F&R Department’s inspection workload. 4.CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN This site is in conformance with the Core area Future Land Use Map from the 2005 Community Plan. The Core designation encourages high intensity urban development, highway-oriented uses. Commercial zoning currently exists, the location is served by an arterial street, and it also is currently served by urban services. The surrounding zoning also supports implementation of the Future Land Use map. 5.STAFF CONCLUSIONS This is a request by the petitioner to obtain a Special Use Permit in a C-2S, General Commercial, District with Special Use Permit to increase the building square footage of a drive-in or fast food restaurant by more than ten percent (10%) located at 4369 and 4377 ElectricRoad. There are currently a fast food restaurant and a cash title business on the 1.296acre site. The petitioner plans to demolish both buildings and build a new fast food restaurant. ASpecial Use Permit to expand the existing restaurant was approvedin 1997 per Ordinance #102897-14. The property is designated as Core on the 2005 Future Land Use map. The Core designation encourages dense commercial use along major highways. The proposed use of fast food restaurant with a drive thru is a continuation of the existing use and is consistent with uses in the designation. The proposed application generally conforms to the Zoning Ordinance, although final approval is pending site development review. CASE NUMBER: 5-5/2013 PREPARED BY:Tammi L. Wood HEARING PC: 5/7/2013 BOS: 5/28/2013 DATES: ATTACHMENTS: Application Site Plan Concept Aerial Map Land Use Zoning Map Ordinance 102897-14 (Current Ordinance) Non-conforming Uses of Buildings, Structures or LandStandards C2, General Commercial District Standards Stacking SpacesandDrive-ThroughFacilitiesStandards Restaurant, Drive-in and Fast Food Use & Design Standards 3 Sec. 30-23-2. - Nonconforming Uses of Buildings,Structures or Land. Excerptfrom Roanoke County Zoning Ordinance (F) Any legallyestablishedusewhichexisted prior tothe adoption of thisordinance, or any subsequent amendments,shall not be considered a nonconforming usewhere a specialusepermitis now requiredfor establishment of suchuse.Theuseshall be allowedto continue operation, aswellasreconstruct or structurallyalterthe building or structure without thenecessity of obtaining a specialusepermit. However, approval of a specialusepermitshall be required, inaccordancewithSection 30-19, when either of the conditions belowarepresent,inthe opinion of the zoning administrator. a.Thereis a ten (10) percent or greaternetincreaseinthesquare footage of theuse or structure proposed for expansion or enlargement; or b.The expansion or enlargementwillsubstantiallyalterthesite design and layout asitrelates tocirculation, parking or othersitecharacteristicssoastoadverselyaffect surrounding properties. SEC. 30-54. C-2 GENERAL COMMERCIAL DISTRICT. Sec. 30-54-1. Purpose. (A) The purpose of this district is to provide locations for a variety of commercial and service related activities within the urban service area serving a community of several neighborhoods or large areas of the county. This district is intended for general application throughout the county. General Commercial Districts are most appropriately found along major arterial thoroughfares which serve large segments of the county's population. The C-2 district permits a wide variety of retail and service related uses. Land uses permitted in this district are generally consistent with the recommendations set forth in the Transition and Core land use categories of the Comprehensive Development Plan. Site development regulations are designed to ensure compatibility with adjoining land uses. Sec. 30-54-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Multi-Family Dwelling * Two-Family Dwelling * 2. Civic Uses Administrative Services Clubs Cultural Services Day Care Center * Educational Facilities, College/University Educational Facilities, Primary/Secondary * Family Day Care Home * Guidance Services Park and Ride Facility * Post Office Public Assembly Public Parks and Recreational Areas * Safety Services * Utility Services, Minor 3. Office Uses Financial Institutions * General Office Medical Office Laboratories 4. Commercial Uses Agricultural Services * Antique Shops Automobile Dealership, New * Automobile Repair Services, Minor * Automobile Rental/Leasing Automobile Parts/Supply, Retail * Bed and Breakfast * Boarding House Business Support Services Business or Trade Schools Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communications Services Construction Sales and Services * Consumer Repair Services Fuel Center* Funeral Services Garden Center * Gasoline Station * Hospital Hotel/Motel/Motor Lodge Kennel, Commercial * Pawn Shop Personal Improvement Services Personal Services Restaurant, General Restaurant, Family Retail Sales Studio, Fine Arts Veterinary Hospital/Clinic 5. Industrial Uses Recycling Centers and Stations * 6. Miscellaneous Uses Amateur Radio Tower * Parking Facility * (B) The following uses are allowed only by Special Use Permit pursuant to Section 30- 19. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Civic Uses Adult Care Residences Halfway House Life Care Facility Nursing Home Religious Assembly Utility Services, Major * 2. Commercial Uses Automobile Dealership, Used * Automobile Repair Services, Major * Car Wash * Commercial Indoor Amusement Convenience Store * Dance Hall Equipment Sales and Rental * Manufactured Home Sales * Mini-warehouse * Outpatient Mental Health and Substance Abuse Center Recreational Vehicle Sales and Service * Restaurant, Drive-in and Fast Food * Surplus Sales Truck Stop * 3. Industrial Uses Custom Manufacturing * Landfill, Rubble * Transportation Terminal 4. Miscellaneous Uses Broadcasting Tower * Outdoor Gatherings * (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 022796-14, § 1, 2-27-96; 042297-14, § 1, 4- 22-97; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 102803-15, § 2, 10-28-03) Sec. 30-54-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A)Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B)Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line. b. Accessory structures: Behind the front building line. 2. Side yard: None. 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C)Maximum height of structures. 1. Height limitations: a. Principal structures: When adjoining property zoned R-1 or R-2, 45 feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R-1 or R-2 district is increased two feet for each foot in height over 45 feet. In all locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: actual height of principal structure. (D)Maximum coverage. 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93) Sec. 30-91-6. - StackingSpaces and Drive-Through Facilities. Excerptfromthe Roanoke CountyZoningOrdinance (A)Stackingspacesshall be provided foranyuse having a drive-through facility or areas having drop- offandpick-up areas. The followinggeneral standards shall apply toallstackingspacesanddrive- through facilities: 1.Stackingspacesandlanesfordrive-through stationsshall not impede on andoffsitetraffic movements,shall not crossorpass through offstreet parking areas,andshall not create a potentiallyunsafe condition wherecrossed by pedestrianaccessto a publicentranceof a building. 2.Drive through lanesshall be separatedfromoff-street parking areas. Individual lanesshall be striped,marked or otherwisedistinctlydelineated. 3.Alldrive-through facilitiesshall be provided with a bypass lanewith a minimumwidth of ten (10) feet. 5.Eachstackingspaceshall be a minimum of ten (10) feetbytwenty (20) feet. (B)Stackingspacesshall be provided asfollows: 3.Drive-In or Fast Food Restaurant:Six(6)stackingspacesperdrive-through window measuredfromthe order board or station. Sec. 30-85-24. Restaurant, Drive-In or Fast Food. Excerpt from the Roanoke County Zoning Ordinance (A) General standards: 1.All drive-through windows shall comply with the standards for drive-through facilities contained in Section 30-91-6 (A). 2.A special use permit shall not be required for any fast food restaurant that is located within a shopping center (excluding outparcels) and which does not propose drive-in or curb service. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 28, 2013 ORDINANCE GRANTING A SPECIAL USE PERMIT TO INCREASE A DRIVE-IN OR FAST FOOD RESTAURANT BY MORE THAN TEN PERCENT (10%) ON APPROXIMATELY 1.296 ACRES LOCATED AT 4369 AND 4377 ELECTRIC ROAD (TAX MAP # 77.20-01-6) CAVE SPRING MAGISTERIAL DISTRICT, UPON THE PETITION OF WENDY’S OF WESTERN VIRGINIA, INC. WHEREAS, Wendy’s of Western Virginia, Inc. has filed a petition to increase a drive-in or fast food restaurant by more than ten percent (10%) on approximately 1.296 acres located a 4369 and 4377 Electric Road (Tax Map # 77.20-01-6) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 7, 2013; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 23, 2013; the second reading and public hearing on this matter was held on May 28, 2013. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Wendy’s of Western Virginia, Inc. to increase a drive-in or fast food restaurant by more than ten percent (10%) on approximately 1.296 acres located a 4369 and 4377 Electric Road (Tax Map # 77.20-01-6) in the Cave Spring Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a Page 1 of 2 minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved, with the following condition: (1) The site shall be developed in general conformity with the Wendy’s Preliminary Site Plan dated December 14, 2012. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 2 of 2 R-2 PETITIONER: Seventh Day Adventist Reform Movement CASE NUMBER: 06-05/2013 st Board of Supervisors Consent 1 Reading Date: April 23, 2013 Planning Commission Hearing Date: May 7, 2013 nd Board of Supervisors Hearing & 2 Reading Date: May 28, 2013 A. REQUEST To obtain a Special Use Permit on two parcels in a C-2, General Commercial District for the purpose of Religious Assembly. B. CITIZEN COMMENTS No citizens spoke on this petition. C. SUMMARY OF COMMISSION DISCUSSION Tara Pattisall presented the staff report. The petitioner was present to answer questions. Mr. Marrano asked a question about required buffering. Staff answered that a Type C buffer will be required along the back property lines. D. CONDITIONS 1. General conformance with the concept plan prepared by Jerome Henschel Architecture and dated February 26, 2013. E. COMMISSION ACTION Mr. Jarrell made a motion to recommend approval of the petition with one condition. The motion passed 4-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: X Concept Plan X Vicinity Map X Staff Report X Other Philip Thompson, Secretary Roanoke County Planning Commission Page 1 of 1 éèûööê÷ìíêè ì×ÈÓÈÓÍÎ×Ê é×Æ×ÎÈÔøÛÃûØÆ×ÎÈÓÉÈê×ÖÍÊÏïÍÆ×Ï×ÎÈ ê×ËÇ×ÉÈéÌ×ÙÓÛÐçÉ×ì×ÊÏÓÈÖÍÊê×ÐÓÕÓÍÇÉûÉÉ×ÏÚÐÃ ðÍÙÛÈÓÍÎ ÛÎØ ôÍÐÐÓÎÉêÍÛØ ïÛÕÓÉÈ×ÊÓÛÐøÓÉÈÊÓÙÈôÍÐÐÓÎÉ ùÍÎØÓÈÓÍÎÉõ×Î×ÊÛÐÙÍÎÖÍÊÏÛÎÙ×ÅÓÈÔÈÔ×ÙÍÎÙ×ÌÈÌÐÛÎÌÊ×ÌÛÊ×ØÚÃò×ÊÍÏ×ô×ÎÉÙÔ×Ð ûÊÙÔÓÈ×ÙÈÇÊ×ÛÎØØÛÈ×Øö×ÚÊÇÛÊÃ ÷ä÷ùçèóæ÷éçïïûêã Seventh Day Adventist Reform Movementisrequesting a Special Use Permit for Religious Assemblyat 5248 HollinsRoad and the adjacent vacant parcel,Hollins Magisterial District. This request is for the intention of constructing a new church facility as well as the associated parking. The 2005 Comprehensive Plan indicates that the Future Land Use Designation of this propertyis Principal Industrial. Principal Industrial is afuture land use area wherea variety of industry types are encouraged to locate. Principal Industrial areas are existing and planned regional employment centers and are distributed throughout the county, convenient to major residential areas and suitable highway access. ûììðóùûúð÷ê÷õçðûèóíîé Religious Assembly is allowed by Special Use Permit in the C-2 zoning district.Use and Design Standards are as follows: Sec. 30-83-9. - ReligiousAssembly (A)Generalstandards: 1.Anyoutdooractivityarea,swimmingpool,orballfieldorcourtwhichadjoins a residential use type shallbelandscapedwithone(1)rowofsmallevergreentreesinaccordancewithSection30- 92alongthepropertylineadjoiningtheresidentialusetype.Wherenight-timelightingofsuchareas isproposedlargeevergreentreesshallberequired. 2.When a placeof religiousassemblyadjoins a residential use type, a Type C bufferyardin accordancewithSection30-92shallbeprovidedbetweentheparkingarea(s)andtheresidential use type. (B)Inresidential districts, themaximumbuildingcoverageshallbeforty(40)percentandthemaximumlot coverageshallbe sixty (60)percentofthetotallotarea. (C)IntheAG-3,AG-1 andAR districts, themaximumbuildingcoverageshallbethirty(30)percentandthe maximumlotcoverageshallbefifty(50)percentofthetotallotarea. (D)IntheAG-3,AG-1,AR,and R-1 districts a specialusepermitshallnotberequiredfortheexpansionof anexistinguseprovidedallofthefollowingconditionsaremet: 1 a.Thetotalgrossfloorareaoftheexpansionitselfdoesnotexceedfifteenthousand(15,000) squarefeet;and b.Thegrossfloorareaoftheexpansionisnotmorethantwohundred(200)percentoftheexisting grossfloorarea;and c. Theexpansiondoesnotinclude a principalworshipareaexpansionofmorethanfifty(50) percentoftheexistingpermanentseating. Allotherexpansionsmustobtain a SpecialUsePermit. (E)Additionalstandardsinthe C-2 district: 1.AllnewReligious Assembly usesrequire a SpecialUsePermit. 2.Expansionsofexistingusesarepermittedbyright. Building plan review is required for any proposed expansions or alterations of the existing structure. Site plan review is required for the development. ûîûðãéóéíö÷äóéèóîõùíîøóèóíîé Background – In 1995, the Seventh Day Adventist Reform Movement requested a rezoning on the property at 5240 Hollins Road. The property was previously split zoned with I-1, Light Industrial Districton the front portion of the property and C-1, Office District on the back portion. There were also conditions on the property. During this hearing, the property was rezoned to C-1 only and the conditions were removed with the intent of constructing an office building for a small publishing house as well a small chapel. The properties at 5248 and 5232 Hollins Road, both zoned C-2, General Commercial District,were also included in their future development plan but were not part of the 1995 rezoning. The property at 5248 Hollins Road has a single family residence as well as a storage building. The residence is used as a parsonage for visiting pastors and the warehouse is used as a storage/retail shop for the literature produced in the publishing house. The property at 5232 Hollins Road had a single family residence located on it until recently when it was demolished in anticipation of developing the site. Surrounding Neighborhood–The properties are bounded to the east by Hollins Road. To the north of 5232 Hollins Road is more C-2, General Commercial District property. To the west, the properties are bounded by three vacant R-2, Medium Density Residential parcels. ûîûðãéóéíöìêíìíé÷øø÷æ÷ðíìï÷îè Site Layout–Theproposed layout utilizes the existing entrance off Hollins Roadand no new access from Tiny Trail is being requested.Tiny Trail will continue to be used as access to adjacent residential properties only. From Hollins Road, the site rises steeply in grade and is heavily wooded, screening it from the road. The proposed development is for the top of this site, which has much flatter terrain. The existing parsonage and garage are located here and no plans are proposed to alter or remove thesetwo buildingsat this time. A new 9,800 sq. ft. 198 seat two-story chapel is proposed as well asapproximately 60parkingspaces. The concept plan also includes several outdoor facilities including an amphitheater, a picnic shelter, and landscaped picnic area.Type C buffering will be required at the rear of the property where it adjoins the vacant R-2 parcels. 2 Fire Marshal – The constructionwill have to go through the site plan review process at which time fire protection will be addressed. Economic Development- The Department of Economic Development offered no comments on this proposal.. Access/Traffic Circulation–A commercial entrance permit will be required as well as any necessary permits should construction occur in the VDOT right of way. ùíîöíêïûîù÷åóèôêíûîíñ÷ùíçîèãùíïìê÷ô÷îéóæ÷ìðûî The Future Land Use of thisproperty is classified as Principal Industrial. A future land use area where a variety of industry types are encouraged to locate. Principal Industrial areas are existing and planned regional employment centers and are distributed throughout the county, convenient to major residential areas and suitable highway access. éèûööùíîùðçéóíîé Seventh Day Adventist Reform Movement is requesting a Special Use Permit for Religious Assembly at 5248 Hollins Road and the adjacent vacant parcel, Hollins Magisterial District. This request is for the intention of constructing a new church facility as well as the associated parking. The 2005 Comprehensive Plan indicates that the Future Land Use Designation of this property is Principal Industrial. Principal Industrial is a future land use area where a variety of industry types are encouraged to locate. Principal Industrial areas are existing and planned regional employment centersand are distributed throughout the county, convenient to major residential areas and suitable highway access. There are no anticipated impacts of the proposed church on adjacent usesand this use generally conforms to the Roanoke County Comprehensive Plan. ùûé÷îçïú÷ê ìê÷ìûê÷øúãèÛÊÛìÛÈÈÓÉÛÐÐ ô÷ûêóîõøûè÷éìù úíé ûèèûùôï÷îèéûÌÌÐÓÙÛÈÓÍÎïÛÈ×ÊÓÛÐÉ û×ÊÓÛÐìÔÍÈÍÕÊÛÌÔ âÍÎÓÎÕïÛÌ öÇÈÇÊ×ðÛÎØçÉ×ïÛÌ éÓÈ×óÎÉÌ×ÙÈÓÍÎìÔÍÈÍÕÊÛÌÔÉ ù âÍÎÓÎÕøÓÉÈÊÓÙÈê×ÕÇÐÛÈÓÍÎÉ ê×ÐÓÕÓÍÇÉûÉÉ×ÏÚÐÃçÉ×ÛÎØø×ÉÓÕÎéÈÛÎØÛÊØÉ 3 HOLLINS RD C-2 District Regulations SEC. 30-54. C-2 GENERAL COMMERCIAL DISTRICT. Sec. 30-54-1. Purpose. (A) The purpose of this district is to provide locations for a variety of commercial and service related activities within the urban service area serving a community of several neighborhoods or large areas of the county. This district is intended for general application throughout the county. General commercial districts are most appropriately found along major arterial thoroughfares which serve large segments of the county's population. The C-2 district permits a wide variety of retail and service related uses. Land uses permitted in this district are generally consistent with the recommendations set forth in the transition and core land use categories of the comprehensive plan. Site development regulations are designed to ensure compatibility with adjoining land uses. (Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-54-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1.Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Multi-Family Dwelling * Two-Family Dwelling * 2.Civic Uses Administrative Services Clubs Cultural Services Day Care Center * Educational Facilities, College/University 1 C-2 District Regulations Educational Facilities, Primary/Secondary * Family Day Care Home * Guidance Services Park and Ride Facility * Post Office Public Assembly Public Parks and Recreational Areas * Safety Services * Utility Services, Minor 3.Office Uses Financial Institutions * General Office Medical Office Laboratories 4.Commercial Uses Agricultural Services * Antique Shops Automobile Dealership, New * Automobile Repair Services, Minor * Automobile Rental/Leasing Automobile Parts/Supply, Retail * Bed and Breakfast * Boarding House 2 C-2 District Regulations Business Support Services Business or Trade Schools Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communications Services Construction Sales and Services * Consumer Repair Services Fuel Center * Funeral Services Garden Center * Gasoline Station * Hospital Hotel/Motel/Motor Lodge Kennel, Commercial * Pawn Shop Personal Improvement Services Personal Services Restaurant, General Retail Sales Studio, Fine Arts Veterinary Hospital/Clinic 3 C-2 District Regulations 5.Industrial Uses Recycling Centers and Stations * 6.Miscellaneous Uses Amateur Radio Tower * Parking Facility * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1.Civic Uses Adult Care Residences Halfway House Life Care Facility Nursing Home Religious Assembly Utility Services, Major * 2.Commercial Uses Adult Business * Automobile Dealership, Used * Automobile Repair Services, Major * Car Wash * Commercial Indoor Amusement Convenience Store * Dance Hall Equipment Sales and Rental * 4 C-2 District Regulations Manufactured Home Sales * Mini-warehouse * Outpatient Mental Health and Substance Abuse Center Recreational Vehicle Sales and Service * Restaurant, Drive-in and Fast Food * Surplus Sales Truck Stop * 3.Industrial Uses Custom Manufacturing * Landfill, Rubble * Transportation Terminal 4.Miscellaneous Uses Broadcasting Tower * Outdoor Gatherings * (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 022796-14, § 1, 2-27-96; 042297-14, § 1, 4-22-97; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 102803-15, § 2, 10-28-03; Ord. No. 102505-7, § 2, 10-25-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052411-9, § 1, 5-24-11) Sec. 30-54-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 5 C-2 District Regulations 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line. b. Accessory structures: Behind the front building line. 2. Side yard: None. 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. Principal structures: When adjoining property zoned R-1 or R-2, 45 feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R-1 or R-2 district is increased two feet for each foot in height over 45 feet. In all locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: actual height of principal structure. (D) Maximum coverage. 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93) 6 Use & Design Standards Civic Uses Sec. 30-83-9. Religious Assembly. (A) General standards: 1. Any outdoor activity area, swimming pool, or ball field or court which adjoins a residential use type shall be landscaped with one (1) row of small evergreen trees in accordance with Section 30-92 along the property line adjoining the residential use type. Where night-time lighting of such areas is proposed large evergreen trees shall be required. 2. When a place of religious assembly adjoins a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided between the parking area(s) and the residential use type. (B) In residential districts, the maximum building coverage shall be forty (40) percent and the maximum lot coverage shall be sixty (60) percent of the total lot area. (C) In the AG-3, AG-1 and AR districts, the maximum building coverage shall be thirty (30) percent and the maximum lot coverage shall be fifty (50) percent of the total lot area. (D) In the AG-3, AG-1, AR, and R-1 districts a special use permit shall not be required for the expansion of an existing use provided all of the following conditions are met: a. The total gross floor area of the expansion itself does not exceed fifteen thousand (15,000) square feet; and b. The gross floor area of the expansion is not more than two hundred (200) percent of the existing gross floor area; and c. The expansion does not include a principal worship area expansion of more than fifty (50) percent of the existing permanent seating. All other expansions must obtain a Special Use Permit. (E) Additional standards in the C-2 district: 1. All new Religious Assembly uses require a Special Use Permit. 2. Expansions of existing uses are permitted by right. (Ord. No. 42694-12, § 19, 4-26-94; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 052411-9, § 1, 5-24-11) 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 28, 2013 ORDINANCE GRANTING A SPECIAL USE PERMIT FOR RELIGIOUS ASSEMBLY ON TWO (2) PARCELS LOCATED AT 5240 HOLLINS ROAD (TAX MAP #39.05-01-09 AND 39.05-01-04) HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF SEVENTH DAY ADVENTIST REFORM MOVEMENT WHEREAS, the Seventh Day Adventist Reform Movement has filed a petition for a special use permit for religious assembly to be located at 5240 Hollins Road (Tax Map #39.05-01-09 AND 39.05-01-04) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 7, 2013; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 23, 2013; the second reading and public hearing on this matter was held on May 28, 2013. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to the Seventh Day Adventist Reform Movement for religious assembly on two (2) parcels located at 5240 Hollins Road in the Hollins Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved, with the following condition: Page 1 of 2 (1) General conformance with the concept plan prepared by Jerome Henschel Architecture and dated February 26, 2013. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 2 of 2 R-3 PETITIONER: Mount Union Church of the Brethren CASE NUMBER: 07-05/2013 st Board of Supervisors Consent 1 Reading Date: April 23, 2013 Planning Commission Hearing Date: May 7, 2013 nd Board of Supervisors Hearing & 2 Reading Date: May 28, 2013 A. REQUEST To obtain a Special Use Permit on 5.45 acres in an AR, Agricultural/Residential, District for the purpose of Religious Assembly. B. CITIZEN COMMENTS No citizens spoke on this petition. C. SUMMARY OF COMMISSION DISCUSSION Tara Pattisall presented the staff report. The petitioner was present to answer questions. No questions were asked by the Commissioners. D. CONDITIONS 1. General conformance with the concept plan prepared by Hughes Associates, Architects & Engineers, dated February 27, 2013. E. COMMISSION ACTION Mr. Woltz made a motion to recommend approval of the petition with one condition. The motion passed 4-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: X Concept Plan X Vicinity Map X Staff Report X Other Philip Thompson, Secretary Roanoke County Planning Commission Page 1 of 1 éèûööê÷ìíêè ì×ÈÓÈÓÍÎ×Ê ïÍÇÎÈçÎÓÍÎùÔÇÊÙÔÍÖÈÔ×úÊ×ÈÔÊ×Î ê×ËÇ×ÉÈéÌ×ÙÓÛÐçÉ×ì×ÊÏÓÈÖÍÊê×ÐÓÕÓÍÇÉûÉÉ×ÏÚÐÃ ðÍÙÛÈÓÍÎ ú×ÎÈïÍÇÎÈÛÓÎêÍÛØ ïÛÕÓÉÈ×ÊÓÛÐøÓÉÈÊÓÙÈåÓÎØÉÍÊôÓÐÐÉ ùÍÎØÓÈÓÍÎÉõ×Î×ÊÛÐÙÍÎÖÍÊÏÛÎÙ×ÅÓÈÔÈÔ×ÙÍÎÙ×ÌÈÌÐÛÎÌÊ×ÌÛÊ×ØÚÃôÇÕÔ×ÉûÉÉÍÙÓÛÈ×É ûÊÙÔÓÈ×ÙÈÉ÷ÎÕÓÎ××ÊÉØÛÈ×Øö×ÚÊÇÛÊÃ ÷ä÷ùçèóæ÷éçïïûêã Mount Union Church of the Brethrenisrequesting a Special Use Permit for Religious Assemblyat 9420 Bent Mountain Road and the adjacent vacant parcel,Windsor Hills Magisterial District. This request is for the intention of expanding the existing church structure as well as constructing an additional parking lot and a new drainfield on the adjacent parcel. The 2005 Comprehensive Plan indicates that the Future Land Use Designation of this propertyis Rural Village. Rural Village is afuture land use area where limited development has historically occurred and suburban or urban development patterns are discouraged. These are primarily rural community and farming areas. ûììðóùûúð÷ê÷õçðûèóíîé Religious Assembly is allowed by Special Use Permit in the AR zoning district.Use and Design Standards are as follows: Sec. 30-83-9. - ReligiousAssembly (A)Generalstandards: 1.Anyoutdoor activityarea,swimmingpool,orballfieldorcourtwhichadjoins a residential use type shallbelandscapedwithone(1)rowofsmallevergreentreesinaccordancewithSection30- 92alongthepropertylineadjoiningtheresidentialusetype.Wherenight-timelightingofsuchareas isproposedlargeevergreentreesshallberequired. 2.When a placeofreligiousassemblyadjoins a residential use type, a Type C bufferyardin accordancewithSection30-92shallbeprovidedbetweentheparkingarea(s)andtheresidential use type. (B)Inresidential districts, themaximumbuildingcoverageshallbeforty(40)percentandthemaximumlot coverageshallbe sixty (60)percentofthetotallotarea. (C)IntheAG-3,AG-1 andARdistricts, themaximumbuildingcoverageshallbethirty(30)percentandthe maximumlotcoverageshallbefifty(50)percentofthetotallotarea. (D)IntheAG-3,AG-1,AR,and R-1 districts a specialusepermitshallnotberequiredfortheexpansionof anexistinguseprovidedallofthefollowingconditionsaremet: 1 a.Thetotalgrossfloorareaoftheexpansionitselfdoesnotexceedfifteenthousand(15,000) squarefeet;and b.Thegrossfloorareaoftheexpansionisnotmorethantwohundred(200)percentoftheexisting grossfloorarea;and c. Theexpansiondoesnotinclude a principalworshipareaexpansionofmorethanfifty(50) percentoftheexistingpermanentseating. Allotherexpansionsmustobtain a SpecialUsePermit. (E)Additional standardsinthe C-2 district: 1.AllnewReligious Assembly usesrequire a SpecialUsePermit. 2.Expansionsofexistingusesarepermittedbyright. Building plan review is required for any proposed expansions or alterations of the existing structure. Site plan review is required for the development. ûîûðãéóéíö÷äóéèóîõùíîøóèóíîé Background – The 5,100 sq. ft. church, constructed around 1946and expanded in 1974,is located at9240 Bent Mountain Road. The current development also includes a parking lot with 51 spaces, a picnic shelter attached to the building, and a small playground area. Surrounding Neighborhood–All of the surrounding properties are zoned AR, Agricultural Residential District. The properties to the north and east have existing single family residences. The 45 acre parcelto the south is vacant.Mount Union Church of the Brethren is seeking to purchase 5.45 acres from the properties located to the south and east for itspotential expansion. ûîûðãéóéíöìêíìíé÷øø÷æ÷ðíìï÷îè Site layout–Theexisting building footprint is approximately 5,100 sq. ft. The proposed building footprint upon the ultimate build-outwill be approximately 11,400 sq. ft. The biggest part of construction will be an addition 3,600 sq. ft. addition onto the rear of the existing building. This area is heavily wooded and will not be highly visible from the road. Additional building expansion will be located along the front and one side of the building. The front expansion includes a portico area for drop off and pick up of parishioners. The current parking lot has 40 spaces. The new parking and drainfield will be located on the adjacent parcel. The proposal is to add a new lot with 47 additional spaceswhich will be accessed via the existing parking lot and no new entrance off of Bent Mountain Road is requested. Fire Marshal – The expansion will have to go through the site plan review process at which time fire protection will be addressed. Mr. Huffman noted that in instances where public water is not available, this can present a challenge. Economic Development- The Department of Economic Development offered no comments on this proposal. Access/Traffic Circulation–A commercial entrance permit will be required as well as any necessary permits should construction occur in the VDOT right of way. 2 ùíîöíêïûîù÷åóèôêíûîíñ÷ùíçîèãùíïìê÷ô÷îéóæ÷ìðûî As previously noted, the property is classified as Rural Village. Rural Village is afuture land use area where limited development hashistorically occurred and suburban or urban development patterns are discouraged. These are primarily rural community and farming areasThe expansion of this existing church is generally in conformance with the Roanoke County Community Plan. éèûööùíîùðçéóíîé Mount Union Church of the Brethren is requesting a Special Use Permit for Religious Assembly at 9420 Bent Mountain Road and the adjacent vacant parcel, Windsor Hills Magisterial District. This request is for the intention of expanding the existingchurch structure as well as constructing an additional parking lot and a new drainfield on the adjacent parcel. The 2005 Comprehensive Plan indicates that the Future Land Use Designation of this property is Rural Village. Rural Village is a future land use area where limited development has historically occurred and suburban or urban development patterns are discouraged. These are primarily rural community and farming areas. There are no anticipated impacts of the proposed church on adjacent uses. The traffic impacts generated by the proposed use should be minimal as church activities are planned for Sundays which will not conflict with most of the adjacent residential uses. ùûé÷îçïú÷ê ìê÷ìûê÷øúãèÛÊÛìÛÈÈÓÉÛÐÐ ô÷ûêóîõøûè÷éìù úíé ûèèûùôï÷îèéûÌÌÐÓÙÛÈÓÍÎïÛÈ×ÊÓÛÐÉ û×ÊÓÛÐìÔÍÈÍÕÊÛÌÔ âÍÎÓÎÕïÛÌ öÇÈÇÊ×ðÛÎØçÉ×ïÛÌ éÓÈ×óÎÉÌ×ÙÈÓÍÎìÔÍÈÍÕÊÛÌÔÉ ûêâÍÎÓÎÕøÓÉÈÊÓÙÈê×ÕÇÐÛÈÓÍÎÉ ê×ÐÓÕÓÍÇÉûÉÉ×ÏÚÐÃçÉ×ÛÎØø×ÉÓÕÎéÈÛÎØÛÊØÉ 3 AR District Regulations SEC. 30-34. AR AGRICULTURAL/RESIDENTIAL DISTRICT. Sec. 30-34-1. Purpose. (A) These areas are generally characterized by very low density residential and institutional uses mixed with smaller parcels that have historically contained agricultural uses, forest land and open space outside the urban service area. These areas provide an opportunity for rural living in convenient proximity to urban services and employment. Agricultural uses should be encouraged to be maintained. Over time, however, these areas are expected to become increasingly residential in character, with residential development becoming the dominant use over agricultural and more rural type uses. The purpose of this district, consistent with the Rural Village land use category in the comprehensive plan, is to maintain these areas essentially in their rural state, consistent with the level of services anticipated by the county. These areas are generally suitable for low density residential development and other compatible land uses. (Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4- 22-08) Sec. 30-34-2. 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 * Forestry Operations * Stable, Private * Stable, Commercial * Wayside Stand * 2.Residential Uses Accessory Apartment * Home Occupation, Type I * Manufactured Home * 1 AR District Regulations 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 * Utility Services, Minor 4.Commercial Uses Veterinary Hospital/Clinic 5.Miscellaneous Uses Amateur Radio Tower * 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.Residential Uses Alternative Discharging Sewage Systems * Home Beauty/Barber Salon * 2.Civic Uses Camps * 2 AR District Regulations Cemetery * Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Religious Assembly * Safety Services * Utility Services, Major * 3.Commercial Uses Antique Shops * Bed and Breakfast * Golf Course Kennel, Commercial * 4.Industrial Uses Custom Manufacturing * Resource Extraction * 5.Miscellaneous Uses Broadcasting Tower * Outdoor Gatherings * (Ord. No. 42793-20, § II, 4-27-93; 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) Sec. 30-34-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. 3 AR District Regulations (A) Minimum lot requirements 1. Lots served by private well and sewage disposal system: a. Area: 1 acre (43,560 square feet) b. Frontage: 110 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 30,000 square feet b. Frontage: 110 feet on a publicly owned and maintained street. 3. Lots served by both public sewer and water: a. Area: 25,000 square feet b. Frontage: 90 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 15 feet b. Accessory structures: 15 feet behind front building line or 10 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet b. Accessory structures: 10 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. 4 AR District Regulations 5. Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 20 feet from any side property line. (C) Maximum height of structures. 1. All structures: 45 feet (D) Maximum coverage. 1. Building coverage: 15 percent of the total lot area. 2. Lot coverage: 30 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93) 5 Use & Design Standards Civic Uses Sec. 30-83-9. Religious Assembly. (A) General standards: 1. Any outdoor activity area, swimming pool, or ball field or court which adjoins a residential use type shall be landscaped with one (1) row of small evergreen trees in accordance with Section 30-92 along the property line adjoining the residential use type. Where night-time lighting of such areas is proposed large evergreen trees shall be required. 2. When a place of religious assembly adjoins a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided between the parking area(s) and the residential use type. (B) In residential districts, the maximum building coverage shall be forty (40) percent and the maximum lot coverage shall be sixty (60) percent of the total lot area. (C) In the AG-3, AG-1 and AR districts, the maximum building coverage shall be thirty (30) percent and the maximum lot coverage shall be fifty (50) percent of the total lot area. (D) In the AG-3, AG-1, AR, and R-1 districts a special use permit shall not be required for the expansion of an existing use provided all of the following conditions are met: a. The total gross floor area of the expansion itself does not exceed fifteen thousand (15,000) square feet; and b. The gross floor area of the expansion is not more than two hundred (200) percent of the existing gross floor area; and c. The expansion does not include a principal worship area expansion of more than fifty (50) percent of the existing permanent seating. All other expansions must obtain a Special Use Permit. (E) Additional standards in the C-2 district: 1. All new Religious Assembly uses require a Special Use Permit. 2. Expansions of existing uses are permitted by right. (Ord. No. 42694-12, § 19, 4-26-94; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 052411-9, § 1, 5-24-11) 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 28, 2013 ORDINANCE GRANTING A SPECIAL USE PERMIT FOR RELIGIOUS ASSEMBLY ON A 5.45 ACRE PARCEL LOCATED AT 9420 BENT MOUNTAIN ROAD (TAX MAP # 103.00-03-38.01 AND 103.00-03-40) WINDSOR HILLS MAGISTERIAL DISTRICT, UPON THE PETITION OF MOUNT UNION CHURCH OF THE BRETHREN TRUSTEES WHEREAS, the Mount Union Church of the Brethren Trustees have filed a petition for a special use permit for religious assembly to be located at 9420 Bent Mountain Road (Tax Map # 103.00-03-38.01 and 103.00-03-40) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on May 7, 2013; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 23, 2013; the second reading and public hearing on this matter was held on May 28, 2013. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to the Mount Union Church of the Brethren Trustees for religious assembly on 5.45 acres located at 9420 Bent Mountain Road in the Windsor Hills Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved, with the following condition: Page 1 of 2 (1) General conformance with the concept plan prepared by Hughes Associates, Architects & Engineers, dated February 27, 2013. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 2 of 2 R-4 PETITIONER: Seaside Heights, LLC CASE NUMBER: 8-5/2013 st Board of Supervisors Consent 1 Reading Date: April 23, 2013 Planning Commission Hearing Date: May 7, 2013 nd Board of Supervisors Hearing & 2 Reading Date: May 28, 2013 A. REQUEST To amend the proffered conditions and proffered Master Plan and to obtain a Special Use Permit in a C-2S, General Commercial, District with Special Use Permit for the operation of a drive-in or fast food restaurant on approximately 2.088 acres, located at 4510 Brambleton Avenue, Cave Spring Magisterial District. B. CITIZEN COMMENTS No citizens spoke on this petition. C. SUMMARY OF COMMISSION DISCUSSION Chris Patriarca presented the staff report. Mr. Marrano had a question about how Levels of Service (LOS) are calculated and how they relate to the existing Bojangles’ development and proposed retail expansion. Ben Crew with Balzer explained how they are calculated and their relationship to the project. Mr. Marrano then asked questions about the 2005 traffic study and how a second proposed fast food restaurant would impact those initial results. Mr. Crew then explained how traffic counts are generated and how use types are determined. The property owner, Stan Seymour then addressed the traffic concerns generated during the original 2005 hearing were centered on addition traffic along Springlawn which has since been addressed with a VDOT traffic calming project. Mr. Marrano then opened a discussion about the potential tenant of the fast food restaurant. At that time, Mr. Seymour indicated the potential tenant of the proposed building would likely be a drive-thru pharmacy. He indicated the proposed building design was developed with a pharmacy as the primary tenant. Furthermore, Mr. Seymour stated it was not his intention to bring in a user that would directly compete with, but rather one that would complement his existing restaurant business. D. PROFFERED CONDITIONS 1. The development of the property shall substantially conform with the site plan entitled “Bojangles – Master Plan” dated February 27, 2013, last revised April 12, 2013, attached as Exhibit A, with driveway access only Page 1 of 2 from Brambleton Avenue and Merriman Road, subject to those changes required by Roanoke County during comprehensive site plan review. 2. The exterior of the fast food restaurant to be constructed on the Property shall substantially conform to the photographs attached as Exhibit B. 3. All building exterior walls shall be brick from grade to eave. 4. The Merriman Road driveway shall be designed to prohibit right turns onto Merriman Road. 5. Signage placed on each building shall occupy less than 5% of the building façade area for each building. 6. Any freestanding sign shall be a monument style not to exceed 5 feet in height or 7 feet in width, and shall have brick construction to match the buildings. 7. The top of any light fixture shall not exceed 15 feet. 8. The sides and rear of the dumpster enclosure shall be brick construction to match the buildings. 9. Dumpsters shall not be emptied between the hours of 10:00 pm and 7:00 am. 10. Portions of the front yards along Colonial Avenue and Merriman Road rights-of-way designated on the masterplan for landscaping shall remain as open green spaces, and landscaped with a combination of flowers, shrubs, ground cover or trees. These subject frontages shall be professionally landscaped per Roanoke County right-of-way and street side planting requirements. E. COMMISSION ACTION Mr. Marrano made a motion to recommend approval of the amended Master Plan with ten proffered conditions and the Special Use Permit for a drive-in or fast food restaurant. The motion carried 4-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: X Concept Plan X Vicinity Map X Staff Report X Other Philip Thompson, Secretary Roanoke County Planning Commission Page 2 of 2 ÍÌßÚÚ ÎÛÐÑÎÌ Ð»¬·¬·±²»®æ Í»¿·¼» Ø»·¹¸¬ô ÔÔÝ Î»¯«»¬æ Î»¦±²» ¬± ¿³»²¼ °®±ºº»®»¼ ½±²¼·¬·±² ¿²¼ °®±ºº»®»¼ ³¿¬»® °´¿² ¿²¼ ¬± ±¾¬¿·² ¿ °»½·¿´ «» °»®³·¬ ¬± ±°»®¿¬» ¿ ®»¬¿«®¿²¬ô ¼®·ª»ó·² ±® º¿¬ º±±¼ Ô±½¿¬·±²æ ìëïð Þ®¿³¾´»¬±² ßª»²«» Ó¿¹·¬»®·¿´ Ü·¬®·½¬æ Ý¿ª» Í°®·²¹ Ð®±ºº»®»¼ Ý±²¼·¬·±²æ ïòÌ¸» ¼»ª»´±°³»²¬ ±º ¬¸» °®±°»®¬§ ¸¿´´ «¾¬¿²¬·¿´´§ ½±²º±®³ ©·¬¸ ¬¸» ·¬» Þ±¶¿²¹´» ¼¿¬»¼ Ú»¾®«¿®§ îéô îðïíô ´¿¬ ®»ª·»¼ ß°®·´ ïîô îðïíô ¿¬¬¿½¸»¼ ¿ Û¨¸·¾·¬ ßô ©·¬¸ ¼®·ª»©¿§ ¿½½» ±²´§ º®±³ Þ®¿³¾´»¬±² ßª»²«» ¿²¼ Ó»®®·³¿² Î±¿¼ô «¾¶»½¬ ¬± ¬¸±» ½¸¿²¹» ®»¯«·®»¼ ¾§ Î±¿²±µ» Ý±«²¬§ ¼«®·²¹ ½±³°®»¸»²·ª» ·¬» °´¿² ®»ª·»©ò îòÌ¸» »¨¬»®·±® ±º ¬¸» º¿¬ º±±¼ ®»¬¿«®¿²¬ ¬± ¾» ½±²¬®«½¬»¼ ±² ¬¸» Ð®±°»®¬§ ¸¿´´ «¾¬¿²¬·¿´´§ ½±²º±®³ ¬± ¬¸» °¸±¬±¹®¿°¸ ¿¬¬¿½¸»¼ ¿ Û¨¸·¾·¬ Þò íòß´´ ¾«·´¼·²¹ »¨¬»®·±® ©¿´´ ¸¿´´ ¾» ¾®·½µ º®±³ ¹®¿¼» ¬± »¿ª»ò ìòÌ¸» Ó»®®·³¿² Î±¿¼ ¼®·ª»©¿§ ¸¿´´ ¾» ¼»·¹²»¼ ¬± °®±¸·¾·¬ ®·¹¸¬ ¬«®² ±²¬± 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Ô¿²¼ Ë» Ó¿° Ýóî Æ±²·²¹ Ü·¬®·½¬ Î»¹«´¿¬·±² 4 SEC. 30-54. - C-2 GENERAL COMMERCIAL DISTRICT. Sec. 30-54-1. - Purpose. (A) The purpose of this district is to provide locations for a variety of commercial and service related activities within the urban service area serving a community of several neighborhoods or large areas of the county. This district is intended for general application throughout the county. General commercial districts are most appropriately found along major arterial thoroughfares which serve large segments of the county's population. The C-2 district permits a wide variety of retail and service related uses. Land uses permitted in this district are generally consistent with the recommendations set forth in the transition and core land use categories of the comprehensive plan. Site development regulations are designed to ensure compatibility with adjoining land uses. (Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-54-2. - Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1.Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Multi-Family Dwelling * Two-Family Dwelling * 2.Civic Uses Administrative Services Clubs Cultural Services Day Care Center * Educational Facilities, College/University Educational Facilities, Primary/Secondary * Family Day Care Home * Guidance Services Park and Ride Facility * Post Office Public Assembly Public Parks and Recreational Areas * Safety Services * Utility Services, Minor 3.Office Uses Financial Institutions * General Office Medical Office Laboratories 4.Commercial Uses Agricultural Services * Antique Shops Automobile Dealership, New * Automobile Repair Services, Minor * Automobile Rental/Leasing Automobile Parts/Supply, Retail * Bed and Breakfast * Boarding House Business Support Services Business or Trade Schools Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communications Services Construction Sales and Services * Consumer Repair Services Fuel Center* Funeral Services Garden Center * Gasoline Station * Hospital Hotel/Motel/Motor Lodge Kennel, Commercial * Pawn Shop Personal Improvement Services Personal Services Restaurant, General Retail Sales Studio, Fine Arts Veterinary Hospital/Clinic 5.Industrial Uses Recycling Centers and Stations * 6.Miscellaneous Uses Amateur Radio Tower * Parking Facility * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1.Civic Uses Adult Care Residences Halfway House Life Care Facility Nursing Home Religious Assembly Utility Services, Major * 2.Commercial Uses Adult Business * Automobile Dealership, Used * Automobile Repair Services, Major * Car Wash * Commercial Indoor Amusement Convenience Store * Dance Hall Equipment Sales and Rental * Manufactured Home Sales * Mini-warehouse * Outpatient Mental Health and Substance Abuse Center Recreational Vehicle Sales and Service * Restaurant, Drive-in and Fast Food * Surplus Sales Truck Stop * 3.Industrial Uses Custom Manufacturing * Landfill, Rubble * Transportation Terminal 4.Miscellaneous Uses Broadcasting Tower * Outdoor Gatherings * (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 022796-14, § 1, 2-27-96; 042297-14, § 1, 4-22-97; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 102803-15, § 2, 10-28-03; Ord. No. 102505-7, § 2, 10-25-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052411-9, § 1, 5-24-11) Sec. 30-54-3. - Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line. b. Accessory structures: Behind the front building line. 2. Side yard: None. 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. Principal structures: When adjoining property zoned R-1 or R-2, 45 feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R-1 or R-2 district is increased two feet for each foot in height over 45 feet. In all locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: actual height of principal structure. (D) Maximum coverage. 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MAY 28, 2013 ORDINANCE TO AMEND THE PROFFERED CONDTIONS AND PROFFERED MASTER PLAN AND TO OBTAIN A SPECIAL USE PERMIT IN A C-2C, GENERAL COMMERCIAL DISTRICT, FOR THE OPERATION OF A DRIVE-IN AND FAST FOOD RESTAURANT ON APPROXIMATELY 2.088 ACRES (TAX MAP #86.08-03-35.01), LOCATED AT 4510 BRAMBLETON AVENUE, CAVE SPRING MAGISTERIAL DISTRICT, UPON THE PETITION OF SEASIDE HEIGHTS LLC WHEREAS, Ordinance 111505-11 adopted on November 15, 2005, rezoned 0.98 acre (Part of Tax Map No. 86.08-3-35.1 - 0.298 acre and all of Tax Map No. 86.08-3-36.1 - 0.68 acre) from C1, Office District, to C2, General Commercial District with conditions, and issued a special use permit on 2.22 acres for the operation of a fast food restaurant and drive-thru located at the intersections of Brambleton Avenue, Colonial Avenue, and Merriman Road; and WHEREAS, Ordinance 082807-17 adopted on August 28, 2007, amended the site plan, which was approved by Ordinance 111505-11 in order to change the location and size of the commercial structures; and WHEREAS, the petitioner desires to amend the existing proffered conditions and proffered master plan and to obtain a Special Use Permit to operate a potential restaurant, drive-in or fast food, specifically amending condition number one of Ordinance 082807-17 relevant to substantial conformance to the proffered master plan to allow for a drive-thru lane to be constructed adjacent to the proposed retail building; and WHEREAS, the first reading of this ordinance was held on April 23, 2013, and the second reading and public hearing were held on May 28, 2013; and Page 1 of 4 WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 7, 2013; 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 Board finds that the granting of a special use permit to Seaside Heights LLC for the operation of a drive-in or fast food restaurant on approximately 2.088 acres located at 4510 Brambleton Avenue in the Cave Spring Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community. 2. That the proffered conditions and proffered master plan of a certain tract of real estate containing 2.088 acres located at the intersections of Brambleton Avenue, Colonial Avenue, and Merriman Road (Tax Map No. 86.08-3-35.01) in the Cave Spring Magisterial District, are hereby amended as follows. 3. That this action is taken upon the application of Seaside Heights, LLC. 4. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The development of the property shall substantially conform with the “Bojangles – Master Plan” dated February 27, 2013, last site plan entitled revised April 12, 2013, attached as Exhibit A, with driveway access only from Brambleton Avenue and Merriman Road, subject to those changes required by Roanoke County during its comprehensive site plan review. Page 2 of 4 (2) The exterior of the fast food restaurant to be constructed on the Property shall substantially conform to the photographs attached as Exhibit B. (3) All building exterior walls shall be brick from grade to eave. (4) The Merriman Road driveway shall be designed to prohibit right turns onto Merriman Road. (5) Signage placed on each building shall occupy less than 5% of the building façade area for each building. (6) Any freestanding sign shall be a monument style not to exceed 5 feet in height or 7 feet in width, and shall have brick construction to match the buildings. (7) The top of any light fixture shall not exceed 15 feet. (8) The sides and rear of the dumpster enclosure shall be brick construction to match the buildings. (9) Dumpsters shall not be emptied between the hours of 10:00 p.m. and 7:00 a.m. (10) Portions of the front yards along Colonial Avenue and Merriman Road rights-of-way designated on the masterplan for landscaping shall remain as open green spaces, and landscaped with a combination of flowers, shrubs, ground cover or trees. These subject frontages shall be professionally landscaped per Roanoke County right-of-way and street side planting requirements. 5. That said real estate is more fully described as follows: All of the following tax map numbers: 86.08-3-35.01 containing 2.088 acres Page 3 of 4 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 4 of 4