HomeMy WebLinkAbout6/25/2013 - RegularV
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INVOCATION: Reverend Jay Robinette
Grace Bible Church
Roanoke County
Board of Supervisors
June 25, 2013
PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG
Disclaimer.
"Any invocation that may be offered before the official 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
the Board."
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Roanoke County
Board of Supervisors
Agenda
June 25, 2013
Good afternoon and welcome to our meeting for June 25, 2013. Public hearings are
held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule
will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be
rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Board of
Supervisors meetings can also be viewed online through Roanoke County's website at
www.RoanokeCountyVA.gov. Our meetings are closed- captioned, so it is important for
everyone to speak directly into the microphones at the podium. Individuals who require
assistance or special arrangements to participate in or attend Board of Supervisors
meetings should contact the Clerk to the Board at (540) 772 -2005 at least 48 hours in
advance. Please turn all cell phones off or place on silent.
A. OPENING CEREMONIES (6:30 p.m.)
1. Roll Call
B. CLOSED MEETING, pursuant to the Code of Virginia as follows:
1. Section 2.2- 3711.A.5. — Discussion concerning a prospective business or
industry or the expansion of an existing business or industry where no
previous announcement has been made of the business' or industry's interest
in locating or expanding its facilities in the County.
C. CERTIFICATION RESOLUTION
D. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF
AGENDA ITEMS
E. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Virginia Western Community College (VWCC) recognition of contributions to
the Community College Access Program (CCAP) (B. Clayton Goodman III,
County Administrator)
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2. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Rodney P. Ferguson, Jr., Battalion Chief — Training upon
his retirement after more than thirty -one (31) years of service (Richard E.
Burch, Jr., Chief of Fire and Rescue)
3. Recognition of Dr. Gerald "Wook" Beltran, Operational Medical Director for
the Fire and Rescue Department, for receiving the Western Virginia
Emergency Services (WVEMS) Award for Physician with Outstanding
Contribution to EMS (Richard E. Burch, Jr., Chief of Fire and Rescue)
F. BRIEFING
1. Vietnam War Commemorative Partner Program (B. Clayton Goodman III,
County Administrator)
G. PUBLIC HEARING AND FIRST READING OF ORDINANCE
1. Ordinance approving the lease and purchase of the Regional Pound Facility
from the Roanoke Valley Society for the Prevention of Cruelty to Animals, Inc.
(Due to time constraints, it is requested that, upon a four - fifths vote of
the Board, the second reading be waived and the ordinance adopted as
an emergency measure.) (B. Clayton Goodman III, County Administrator)
H. PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. The petition of 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 (Philip Thompson, Deputy Director of
Planning)
2. The petition of 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 0.412 acre, located at 1230 Red Lane Extension,
Eagle View Estates, Catawba Magisterial District (Philip Thompson, Deputy
Director of Planning)
3. The petition of 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 (Philip Thompson, Deputy Director of
Planning)
4. The petition of 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
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Peters Creek Road and 7323 Deer Branch Road, Hollins Magisterial District
(Philip Thompson, Deputy Director of Planning)
5. The petition of Charles S. Wells to rezone approximately 1.0 acre from C -2C,
General Commercial, District with conditions to 1 -2C, High Intensity Industrial,
District with conditions, located at 3327 Shawnee Drive in the Glenvar area,
Catawba Magisterial District (Philip Thompson, Deputy Director of Planning)
6. Ordinances:
1) Ordinance of the Board of Supervisors of the County of Roanoke, Virginia
approving the lease financing of various capital projects for the County
and authorizing the leasing of certain County -owned property, the
execution and delivery of a Prime Lease and a Local Lease Acquisition
Agreement and Financing Lease, and other related actions
2) Ordinance providing for the refunding of 2004 lease financing with Virginia
Resources Authority
3) Ordinance authorizing an amendment to the fiscal year 2013 -2014 budget
by the appropriation of $13,973,416 to finance various public facility
projects (Paul M. Mahoney, County Attorney)
7. Ordinance authorizing the vacation of (1) a portion of an unimproved fifty foot
(50') right -of -way designated as Circleview Drive, (2) a twenty foot (20')
access easement to Stormwater Management Area, and (3) a Stormwater
Management easement (plat of Suncrest Heights, Section 3, Plat Book 13,
Page 165) and accepting the dedication of 0.117 acre for the completion of a
cul -de -sac at the end of Circleview Drive and a public drainage easement as
shown on a plat entitled "Resubdivision Plat from records for John A. Hall &
Company, Inc. and Kent S. Greenawalt Revocable Trust ", located in the Cave
Spring Magisterial District (Arnold Covey, Director of Community
Development)
I. APPOINTMENTS
1. Capital Improvement Program (CIP) Review Committee (appointed by
District)
2. Community Policy and Management Team (CPMT) (at Large appointment)
3. Parks, Recreation and Tourism Advisory Commission (appointed by District)
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J. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE
RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION
IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY
1. Approval of minutes — June 11, 2013
2. Confirmation of appointment to the Court Community Corrections Program
Regional Community Criminal Justice Board; Community Policy and
Management Team (CPMT)
K. REQUESTS FOR WORK SESSIONS
L. REQUESTS FOR PUBLIC HEARINGS
1. Request for public hearing to establish blight and determine disposition of
property located at 3414 Garst Mill Road (Joel Baker, Building Inspector)
M. CITIZENS' COMMENTS AND COMMUNICATIONS
N. REPORTS
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Comparative Statement of Budgeted and Actual Revenues as of May 31,
2013
5. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of May 31, 2013
6. Accounts Paid — May 31, 2013
O. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Joseph B. "Butch" Church
2. Eddie "Ed" Elswick
3. Charlotte A. Moore
4. Richard C. Flora
5. Michael W. Altizer
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P. ADJOURNMENT
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C
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25
RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN
CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2 -3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each member's knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies; and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
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ACTION No.
ITEM No. E -1
AT A REGULAR MEETING of THE BOARD of SUPERVISORS of ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
June 25, 2013
Virginia Western Community College (VWCC) recognition of
contributions to the Community College Access Program
(CCAP)
B. Clayton Goodman III
County Administrator
B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
CCAP is a program that makes college available tuition -free to 2013 graduates of public
high schools in the localities of Botetourt, Craig, Franklin or Roanoke Counties or the Cities
of Roanoke or Salem. It covers the cost of tuition for two (2) years at Virginia Western
Community College. CCAP supports as many students as possible based on student need
and funds available for the program.
During the development of the fiscal year 2014 budget, the Roanoke County Board of
Supervisors sought and supported funding totaling $125,000 forthe County's cost share to
begin participation in the VWCC CCAP. The County joined the Cities of Roanoke and
Salem, Counties of Botetourt, Craig and Franklin and others in financing this program.
SUMMARY of INFORMATION:
VWCC representatives are asking to present to the Board of Supervisors two (2) of their
corporate donors, Optical Cable Corporation and LewisGale Medical Center, who have
supported the Roanoke County CCAP program. Their financial support has assisted in
funding the County CCAP program. Representatives from Optical Cable Corporation and
LewisGale Medical Center will be present along with VWCC representatives.
FISCAL IMPACT:
The County provided funds totaling $125,000 for the start up for the County's initial year
participation in the CCAP at VWCC.
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ACTION NO.
ITEM NO. E -2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
June 25, 2013
Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Rodney P. Ferguson, Jr.,
Battalion Chief --- Training, upon his retirement after more than
thirty -one (31) years of service
Deborah C. Jacks
Clerk to the Board
B. Clayton Goodman III
County Administrator
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COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Rodney P. Ferguson, Jr., Battalion Chief - Training, retired on June 1, 2013, afterthirty -one
(31) years and Five months of service with Roanoke County.
Chief Ferguson is expected to attend the meeting to receive his resolution and County
quilt.
STAFF RECOMMENDA"T"ION:
Staff recommends adoption of the attached resolution.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO RODNEY P. FERGUSON,
JR., BATTALION CHIEF - TRAINING, UPON HIS RETIREMENT AFTER
MORE THAN THIRTY -ONE (31) YEARS OF SERVICE
WHEREAS, Rodney P. Ferguson, Jr. was hired on January 1, 1982, and has worked
as an Animal Control Officer, Firefighter, Fire Inspector, Fire Lieutenant, Prevention
Captain, Operations Captain, Battalion Chief — Operations, and Battalion Chief — Training
during his tenure with Roanoke County; and
WHEREAS, Mr. Ferguson retired on June 1, 2013, after thirty -one (31) years and
five (5) months of devoted, faithful and expert service with the County; and
WHEREAS, during his time serving Roanoke County, Chief Ferguson throughout his
tenure with Roanoke County Fire and Rescue Department was a mentor to fellow
employees; and
WHEREAS, Chief Ferguson was a leader in arson investigation for Roanoke County
along with providing assistance to neighboring jurisdictions; and
WHEREAS, Chief Ferguson was instrumental in the development and construction
of the burn building at the Roanoke Regional Fire -EMS Training Center as the project
manager; and
WHEREAS, Chief Ferguson implemented enhanced fire -EMS training for all of the
Department which incorporated firefighter survivability during May -Day situations where
loss of life or serious injury for a firefighter is the greatest; and
WHEREAS, his devotion to training both for himself and others will be his lasting
legacy on county emergency personnel; and
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NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County, Virginia expresses its deepest appreciation and the appreciation of the citizens of
Roanoke County to RODNEY P. FERGUSON, JR. for more than thirty -one (31) 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.
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ACTION NO.
ITEM NO. E -3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
June 25, 2013
Recognition of Dr. Gerald "Wook" Beltran, Operational Medical
Director for the Fire and Rescue Department, for receiving the
Western Virginia Emergency Services (WVEMS) Award for
Physician with Outstanding Contribution to EMS
Richard E. Burch Jr.
Chief of Fire and Recue
B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Although Dr. Gerald "Wook" Beltran has served
as the Operational Medical Director for Roanoke
County Fire & Rescue Department for just eight
months, his leadership and dedication to pre -
hospital care have been far - reaching and precede
his time with our Department. Dr. Beltran came to
Virginia in 2011 and immediately entrenched
himself in Roanoke's emergency medical field
including serving as an Assistant Professor at
Virginia Tech, an Attending Emergency Medicine
Physician at two Carilion Hospitals; and serving
as the Medical Director of the Carilion Transfer
Center. Dr. Beltran has also served as a software
engineer and a police officer in the past, giving
him a unique perspective of what an emergency
medical technician might experience in the field
on a day -to -day basis.
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ACTION No.
ITEM No. F -1
AT A REGULAR MEETING of THE BOARD of SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMIT'rED BY:
APPROVED BY:
June 25, 2013
Vietnam War Commemorative Partner Program
B. Clayton Goodman, III
County Administrator
B. Clayton Goodman III
County Administrator
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COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY of INFORMATION:
Roanoke County has joined with the other local governments in the Roanoke Valley to
participate in the Vietnam War Commemorative Partner Program. The Program is
designed for federal, state and local communities, Veterans' organizations and other
nongovernmental organizations to work individually or together in thanking and honoring
the Country's Vietnam Veterans and their families.
During the period 201 5 -2017, commemorative Partners will plan and conduct at least two
appropriate events and activities each year that will thank and honor our Vietnam Veterans
and their families in a memorable, dignified and special manner. Events and activities will
be designed to demonstrate a sensitivity and appreciation for the solemnity of the Vietnam
War and the lasses suffered by Vietnam service members.
Parks and Recreation Director Doug Blount and his staff will coordinate the County's
special events. Planning has begun for upcoming events. Hopefully, the County and the
other local governments in the Roanoke Valley will work together to plan and conduct the
future special events honoring the Country's Vietnam War Veterans and families.
At the June 14 Flag Day event conducted at the Vinton War Memorial, the Board
Chairman Mike Altizer received a commemorative flag, commemorative partner certificate
and other materials at this event.
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ACTION NO.
ITEM NO. G -1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
June 25, 2013
Ordinance approving lease /purchase agreement between
Roanoke City, Town of Vinton, Botetourt County and Roanoke
County of the animal control facility from the Roanoke Valley
Society for the Prevention of Cruelty to Animals, Inc.
Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY of INFORMATION:
This is the first reading and public hearing on an ordinance authorizing the lease and
purchase of the animal control facility or regional pound from the Roanoke Valley Society
for the Prevention of Cruelty to Animals, Inc. (SPCA). This agreement is between Roanoke
City, Town of Vinton, Botetourt County, and Roanoke county. This property is located at
1340 Baldwin Avenue, NE, Roanoke, VA 24012 and is further described as Roanoke City
Tax Map #3210434 containing 3.150 acres. The SPCA will retain ownership of a portion of
the remainder of this property and its building.
The local governments will assume the outstanding indebtedness owed by the SPCA,
which is approximately $2,100,713.36 plus $53,031.50 and is one -half of the remaining
balance of an operating reserve account created in the original Services Agreement
between the parties dated December 5, 2001.
The localities will assume operational control of the regional pound effective July 1, 2013.
The assumption of the SPCA loan will require additional legal and financial analysis and
review; therefore, the closing on the acquisition of this real estate will not occur until
September 30, 2013. This ordinance would authorize a lease for this property from July 1,
2013, until the date of closing.
Under this agreement each party would pay its own attorney's fees, and the parties have
agreed to share in the costs of separating the various operational systems with the SPCA
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paying thirty -five percent (35 %) of the separation expenses and the localities paying sixty-
five percent (65 %) of the separation expenses.
All other revenue and reserve accounts created under the original service agreement shall
be transferred to the localities as part of the purchase of the real estate and assumption of
the debt.
The localities are providing a "right of first refusal to purchase" to the SPCA for ten (10)
years. Likewise, the SPCA is giving a similar right of first refusal to the localities for its
property.
The negotiations of this lease /purchase agreement among the parties took longer than
anticipated, but operational control is agreed to be transferred to the localities as of July 1,
2013. Staff is recommending that the Board waive second reading of this ordinance. The
emergency justifying the waiver of the second reading is due to the lack of time between
now and July, 2013. Under Section 18.04 of the Roanoke County Charter, the Board may
waive second reading upon a 4f5ths vote.
- the Board may recall that the localities agreed among themselves to acquire this property
and to take operational control of the pound by an agreement dated January 7, 2013,
(Ordinance #121112 -5). Under this agreement the localities respective cost and expense
percentages are as follows:
Roanoke City -fifty -eight percent (58 %)
Town of Vinton -four percent (4 %)
Botetourt County - sixteen percent (16 %)
Roanoke County - twenty -two percent (22 %)
FISCAL IMPACT:
During Roanoke County's fiscal year 2013-2014 budget development, it was estimated that
additional costs of approximately $500,000 would be recognized by the localities by
assuming operational control of the regional pound. Roanoke County's share (twenty -two
percent (22 %) of this projected increase is approximately $11 0,000, which was included in
the fiscal year 2013-2014 budget adopted on May 28, 2013; therefore, no additional fiscal
impact to Roanoke County is anticipated by approval of this agreement
STAFF RECOMMENDATION:
It is recommended that the Board favorably consider the adoption of this ordinance and
waive second reading.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25
ORDINANCE APPROVING THE LEASE AND PURCHASE OF THE
REGIONAL POUND FACILITY FROM THE ROANOKE VALLEY
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC.
WHEREAS, on January 7, 2013, Roanoke City, Roanoke County, Town of
Vinton, and Botetourt County entered into the Roanoke Valley Regional Pound
Agreement providing for the operational control of a single animal control shelter
effective on July 1, 2013; and
WHEREAS, by this agreement the participating localities also agreed to enter
into a ground lease with an option to purchase the Regional Pound property located at
1340 Baldwin Avenue, NE, Roanoke City from the Roanoke Valley Society for the
prevention of Cruelty to Animals, Inc. (SPCA); and
WHEREAS, the participating localities and the SPCA have negotiated a
lease /purchase agreement for the temporary lease of this property until the closing on
the real estate transaction can occur; and
WHEREAS, this ordinance authorizes the lease and purchase of the Regional
Pound facility from the SPCA pursuant to the January 7, 2013 agreement and the
lease /purchase agreement dated June , 2013; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on June 25, 2013, and the second reading of
this ordinance has been dispensed with since an emergency exists, upon a 4 /5ths vote
of the members of the Board.
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NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Lease /Purchase Agreement dated June , 2013 is
hereby approved; and
2. That the lease of the Regional Pound facility located at 1340 Baldwin
Avenue, NE, Roanoke, VA (Tax Map #3210434) from July 1, 2013 until the date of
closing on the purchase of the facility by the localities, is hereby approved; and
3. That the purchase of the Regional Pound facility located at 1340 Baldwin
Avenue, NE, Roanoke, VA (Tax Map #3210434), is hereby approved; and
4. That the County Administrator or Assistant County Administrator are
hereby authorized to execute such documents and take such actions on behalf of
Roanoke County in this matter as are necessary to accomplish the acquisition of this
real estate, all of which shall be approved as to form by the County Attorney.
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LEASE /PURCHASE AGREEMENT
4-23-13 WY Draft
THIS PURCHASE AGREEMENT is made and entered into as of the day of
2013 by and among ROANOKE VALLEY SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS, INC., a Virginia corporation (the "Seller "), and the
CITY OF ROANOKE, VIRGINIA, the TOWN OF VINTON, VIRGINIA, the COUNTY OF
ROANOKE, VIRGINIA, the COUNTY OF BOTETOURT, VIRGINIA, each of which is a
political subdivision of the Commonwealth of Virginia (collectively, the "Purchaser ").
WITNE S SETH:
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Purchaser and Seller hereby agree as follows:
1. Purchase and Sale; Effective Date
(a) Seller hereby agrees to sell to Purchaser and Purchaser hereby agrees to
purchase from Seller, for the purchase price and upon the terms and conditions specified herein, the
real property situated in the City of Roanoke, Virginia, together with the improvements located
thereon, as more particularly described on Exhibit A hereto (the "Property ") and the personal
property and equipment (the "Personal Property ") identified on Exhibit B attached hereto. As used
in this Agreement, the word "Property" means (i) the Real Property, (ii) all improvements located
on the Real Property, and (iii) all rights and appurtenances pertaining thereto. The parties
understand that the transfer of property memorialized by this Purchase Agreement is a transfer of
assets only and does not result in the transfer of any liabilities whatsoever except for the Purchaser's
assumption of the outstanding indebtedness owed by Seller, as of Closing, in connection with that
certain loan made to Seller by Wachovia Bank (now known as Wells Fargo Bank) on or about
September 1, 2002 in the original principal amount of $3,500,000 (the "Loan "), as more specifically
set forth in paragraph No. 2 of this Purchase Agreement.
(b) The effective date of this Agreement (the "Effective Date ") shall be the first
date on which this Agreement has been signed by both Seller and Purchaser. The parties agree to
execute any other documents reasonably required to evidence the continued validity of this
Agreement.
2. Purchase Price The purchase price of the Property and the Personal Property shall
be equal to the assumption or payment by Purchaser of the outstanding indebtedness owed by
Seller, as of Closing, in connection with that certain loan made to Seller by Wachovia Bank (now
known as Wells Fargo Bank) on or about September 1, 2002 in the original principal amount of
$3,500,000 (the "Loan "), plus Fifty -Three Thousand, Thirty -One and 501100 Dollars ($53,031.50)
which represents one -half of the balance of the Excess Funds as defined in Sections 7.6 and 7.7 of
the original Services Agreement between the parties dated December 5, 2001. (Hereinafter referred
to as "Excess Funds ") For the purposes of this Agreement the Excess Funds shall be defined as
One Hundred and Six Thousand, Sixty -Three Dollars ($106,063.00) to which Seller is entitled to
18820/01/00071159.DOC;2 }
Fifty -Three Thousand, Thirty -One and 50 1100 Dollars ($53,031.50). In consideration of Purchaser
assuming the Loan, Seller shall assign and transfer to Purchaser at Closing the funds held in the
following escrow accounts:
(the
"Escrowed Funds ").
3. Feasibility Period; Right of Entry.
(a) Feasibility Period.
(i) During the period commencing on the Effective Date and ending
on (the "Feasibility Period "), Purchaser or Purchaser's
representative shall have the right, at its sole risk and expense, to conduct an inspection and
examination of the Property and all matters (including environmental and land use matters) relating
to the Property as Purchaser shall require, other than title examination which shall be governed
under Section 4 of the Agreement. All inspection fees, appraisal fees, engineering fees, legal
costs, and other expenses of any kind incurred by Purchaser relating to such due diligence will be
solely Purchaser's expense. Seller shall cooperate with Purchaser in all reasonable respects at no
cost to Seller.
(ii) In the event Purchaser determines as a result of the foregoing due
diligence that Purchaser, in its sole discretion, does not desire to proceed with the purchase
of the Property, Purchaser may elect to terminate this Agreement by delivering to Seller
written notice of such termination prior to the expiration of the Feasibility Period, whereupon the
parties shall have no further rights or obligations hereunder (except as otherwise specifically
provided).
(iii) If the Purchaser does not inspect and examine the Property within
the time allowed, or fails to cancel this Agreement within the time allowed, the Purchaser
waives the right to cancel this Agreement under the preceding subsection (ii).
(iv) Purchaser may terminate the Feasibility Period at any time by
written notice to Seller, in which case the parties shall proceed to consummate the Closing in
accordance with the provisions of this Agreement.
(b) Right of Entry.
(i) Subject to the provision of this Section 3, the Seller grants the
Purchaser the right to enter upon the Property, during regular business hours during the
Feasibility Period for the purpose of making surveys, engineering studies, environmental
assessments, and any other tests or studies of the Property which the Purchaser may deem
necessary. Purchaser shall provide Seller with at least 24 hours advanced notice of Purchaser's
(or Purchaser's representative's) desire to visit or inspect the Property, and Seller (or Seller's
representative) shall have the right to accompany Purchaser (or Purchaser's representative)
during any visit to the Property.
18820/01/00071159.DOC;2 1
2
(ii) Purchaser shall cause minimum disturbance to the Property and
shall return the Property to the same condition that existed prior to such entry.
4. Title.
(a) Seller covenants that, at Closing, title to the Property shall be free and
clear of all covenants, restrictions, easements, rights of way, mortgages, security interests, liens,
encumbrances and title objections; excepting only the Loan and those matters which in the
opinion of Purchaser do not materially affect the use of the Property as a pound facility
(collectively, the "Permitted Exceptions "). At Closing, title to the Property shall be insurable as
such by any reputable title insurance company authorized to issue owner's and lender's title
insurance in the Commonwealth of Virginia (the "Title Insurance Company "), at such
company's regular rates, pursuant to a standard form ALTA owner's form of policy.
(b) Purchaser may obtain from the Title Insurance Company a commitment to
insure title to the Property (the "Title Commitment "). Prior to the expiration of the Feasibility
Period, Purchaser shall deliver a copy of the Title Commitment to Seller and Purchaser shall
notify Seller in writing of any exception or matter shown in the Title Commitment that is not
acceptable to Purchaser (the "Title Objection Notice "). If Purchaser does not submit the Title
Commitment or give the Title Objection Notice within the time allowed, then Purchaser shall be
deemed to have approved all exceptions or matters shown on the Title Commitment and shall
accept title subj ect thereto, unless the exception or matter (other than a Permitted Exception)
does not appear of record or was not shown on the Title Commitment on the date on which
Purchaser submits the Title Commitment to Seller, and Purchaser may object to any such later
discovered exceptions or matters of record.
5. Conditions Precedent to Closing The following are specific conditions which must
be satisfied prior to and must be true at Closing:
(a) There is no material litigation or proceeding pending or threatened against or
relating to the Property.
(b) No default by Seller may exist under the Loan.
(c) Wells Fargo Bank has provided written approval to allow the assignment
and assumption of the Loan by Purchaser and agrees to release Seller from all liability related to
the Loan following the assignment and assumption. Wells Fargo has provided an estoppel
certificate setting forth the outstanding amount due it under the Loan. (NOTE: Need to add a
non - appropriation clause in the assumption documents.)
6. Closin .
(a) A closing of the sale of the Property (the "Closing ") is anticipated to occur
on or before September 30, 2013. The Closing shall take place at the office of Purchaser's attorney
in Roanoke, Virginia, or at some other mutually agreeable location.
18820/01/00071159.DOC;2 1
3
(b) At Closing, Seller shall execute, acknowledge, and deliver to Purchaser the
following items and documents:
(i) Deed of Assumption. A special warranty Deed of Assumption
conveying the Property to Purchaser as tenants in common in substantially the same form as that
attached hereto as Exhibit C;
(ii) Form 1099 Certificate. A certificate executed by Seller as to the
reporting of certain real estate transactions required by Section 6045(e) of the Internal Revenue
Code;
(ii) Title Insurance Affidavits. A title insurance affidavit of the type
customarily provided by sellers of real property sufficient to cause the title insurance company to
issue policies of owner's title insurance without exception as to mechanic's liens or tenants or
parties in possession and all other documents, forms, and agreements reasonably required by the
title insurance company at Closing;
(iv) Bill of Sale. A bill of sale transferring and conveying to Purchaser
the Personal Property in the form attached hereto as Exhibit D;
(v) Loan Documents. Execution and delivery of such documents as may
be required by Wells Fargo Bank to cause the assignment and assumption of the Loan by Purchaser
and the execution of the documents necessary to transfer the transfer of the Escrowed Funds to
Purchaser.
7. Pre - Closing Possession and Lease. The parties to this Agreement agree that
Purchaser may occupy the Property and operate the Regional Pound prior to Closing effective July
1 2013, under the following terms and conditions:
(a) Rent - Seller hereby leases to Purchaser, the Property at a rent equal to the
debt service of the Loan. Purchasers shall make payment of the rent in the same manner and to
the same location as they currently make the debt service payments of the Loan to the Seller
under the original Services Agreement between the parties dated December 5, 2001.
(b) Condition of the Premises - Purchaser has inspected the Property and
acknowledges that the Property is suitable for the operation of a Regional Pound. The parties
understand that the Property is being made available to the Purchaser "as is ", "where is ", and is
therefore accepted by Purchaser in its present condition. Seller makes no warranties or
representations of any kind regarding the environmental or physical condition of the Property, or
the suitability of the Premises for Lessee's intended use in connection with its business.
(c) Term - The term of this Agreement shall be for three (3) months,
commencing on July 1, 2013 and continuing until midnight, September 30, 2013 or the date of
Closing, whichever is shorter. In the event Purchaser shall fail to close its purchase of the
property by September 30, 2013, this lease shall continue on a month to month basis, but under
no circumstances, unless agreed to by the parties in writing, shall this lease continue beyond
18820/01/00071159.DOC;2 1
4
December 31, 2013.
(d) Utilities — Purchaser shall be responsible for the payment of all utilities to
the Property during the lease term. For the purposes of the lease, utilities shall include all
electricity, water, sewer, solid waste disposal, telephone and internet services provided to the
Property.
(e) Alterations - There shall be no major alterations of the Property
without Seller's prior consent, except that Purchaser may complete the Separation of Systems
contemplated in paragraph 15 of this Agreement.
(f) Insurance Coverage - Purchaser shall maintain liability insurance coverage
with respect to claims arising out of the subject matter of this lease. The amount of this insurance
shall be not less than:
(i) Commercial General Liability Insurance Aggregate of $1,000,000;
(ii) Products - Complete /Operations Aggregate - $1,000,000;
(iii) Personal and Advertising Injury - $1,000,000;
(iv) Each occurrence - $1,000,000;
(v) Above amounts may be met by umbrella form coverage in the
minimum amount of $1,000,000 aggregate; $1,000,000 each
occurrence.
Purchaser agrees to name Seller, its officers, agents, employees and additional insureds as
its interest may appear on the above policy. Such coverage shall not be canceled or materially
altered except after thirty days written notice of such cancellation or material alteration. Prior to
occupying the Property, Purchaser will provide Seller with an exact copy of the Certificate of
Insurance as specified above.
(g) Compliance with Environmental Laws - Purchaser shall comply with all federal,
state and local laws, rules, regulations, resolutions and ordinances including, but not limited to,
those controlling air, water, noise, solid waste and other pollution and relating to the use, storage,
transportation, planting, harvesting and cultivation of crops, and the release or disposal of
hazardous material substances or waste.
8. Condemnation. In the event all or any portion of the Property should become the
subject of a condemnation proceeding during the time this Agreement is in effect, and Purchaser
elects to proceed to Closing, Seller shall assign to Purchaser at Closing all interest of Seller in and to
any condemnation proceeds that may be payable to Seller on account of such condemnation.
Purchaser shall be entitled to a credit for any condemnation proceeds which Seller receives before
the Closing, against the Purchase Price. Seller shall not settle any condemnation proceeding
without the prior written consent of Purchaser, which consent shall not be unreasonably withheld. If
the Property is condemned, in whole or part, Purchaser may cancel this Agreement, at its option.
Seller shall promptly notify Purchaser of any such condemnation proceeding or action relating
thereto.
18820/01/00071159.DOC;2 1
5
9. Risk of Loss The risk of loss or damage to the Property by fire or other casualty is
hereby assumed by Seller until the Closing hereunder. In the event that prior to Closing, any
material portion of the Property is damaged, Purchaser may terminate this Agreement by written
notice to Seller.
10. Notices. Any notice required or permitted by this Agreement shall be given to the
parties at the addresses set forth below (or to such other address as may be changed by a party
below by providing notice of such change to each of the other parties pursuant to the provisions of
this Section) by (i) personal delivery, which shall be effective upon receipt, (ii) certified US mail,
return receipt requested, and, unless otherwise provided for herein, shall be deemed given as of two
(2) days following the date on which the notice is postmarked by the United States mail, or (iii)
overnight delivery by a nationally recognized overnight delivery service which notice shall be
deemed given as of the day following the date on which the notice is mailed.
To Seller: Roanoke Valley Society for the Prevention of Cruelty
To Animals, Inc.
with a copy to:
Whitlow & Youell, PLC
C. Cooper Youell, IV
P.O. Box 779
Roanoke, VA 24004
To Purchaser:
with a copy to:
11. Default. If Seller defaults in performing any of Seller's obligations under this
Agreement for any reason other than Purchaser's default or a permitted termination hereof, then
Purchaser may (a) pursue all rights or remedies available at law or in equity, including an action for
specific performance (together with Purchaser's costs in connection with the same, including, but
not limited to, attorneys' fees and costs) or (b) terminate this Agreement. If Purchaser defaults in
performing any of Purchaser's obligations under this Agreement for any reason other than Seller's
default or a permitted termination hereof, then Seller may (y) pursue all rights or remedies
18820/01/00071159.DOC;2 1
6
available at law or in equity, including an action for specific performance (together with Seller's
costs in connection with the same, including, but not limited to, reasonable attorneys' fees and costs)
or (z) terminate this Agreement.
12. Expenses Whether or not the transactions contemplated hereby are completed, each
party shall pay its own expenses with regard to the negotiation, preparation, execution and
performance of this Agreement. Purchaser shall pay the cost of obtaining the Title Commitment
(and final policy), and any testing and inspections performed by Purchaser and all other costs
incurred in connection with the review of the Property. Each party to this Agreement shall be
responsible for the payment of its own attorney's fees. Seller shall be responsible for the payment
of the Grantor's tax. Real estate taxes shall be prorated as of Closing.
13. Brokers Purchaser and Seller represent and warrant to the other that they have dealt
with no broker, agent or similar person in connection with the transactions contemplated by this
Agreement and each party shall indemnify and hold harmless the other from and against all
liabilities, costs, damages and expenses (including reasonable attorneys' fees) arising from any
claims for brokerage commissions or other similar fees in connection with the transactions covered
by this Agreement insofar as such claims shall be based upon alleged arrangements or agreements
made such party or on its behalf. This obligation to indemnify shall survive the expiration,
consummation or earlier termination of this Agreement.
14. Actions by Seller Seller covenants and agrees that during the period of time from
and after the date hereof through the earlier of the date of Closing or the date upon which this
Agreement shall terminate, Seller shall not enter into any easements, rights of way, restrictions,
covenants, or agreements affecting the Property or otherwise take any action which would adversely
affect the state of title to the Property without Purchaser's prior written consent which shall not be
unreasonably delayed, conditioned or withheld
15. Separation of Systems The Seller and Purchaser acknowledge and agree that a
number of systems and contracts serving the Property, including, but not limited to, the HVAC
system, the phone system, the internet service, the servers, the security system and the copier
contract, also serve Seller's adjacent property. Seller agrees to provide Purchaser with copies of all
contracts serving the Property at least thirty (30) days prior to Closing. The parties agree that the all
systems and applicable contracts shall be separated within three (3) months following Closing and
the costs of such separation expenses, including any repairs or maintenance needed to the systems
prior to the separation, shall be paid on a 65/35 basis with the Seller paying 35% of the separation
expenses capped at $ and the Purchaser paying 65% of the separation expenses. The
parties shall cooperate and work together in good faith to have the separation occur as soon as is
reasonably possible.
16. Reserve and Revenue Accounts All revenue and reserve accounts created and
maintained under the original Service Agreement between the Parties dated December 5, 2001 shall
be transferred from Seller to Purchaser as a part of the purchase of the real property and assumption
of the debt under this Purchase Agreement. These reserve accounts include but are not limited to
the Debt Service Account, the Debt Service Reserve Account, the Maintenance Reserve Account,
and the Operational Reserve Account. As previously set forth in paragraph No. 2 of this
18820/01/00071159.DOC;2 1
7
Agreement, all Escrow balances associated with the Loan being assumed by the Purchaser will be
assigned to Purchaser. Further, the balance of any Revenue Accounts shall also be paid by Seller to
Purchaser at Closing. The parties to this Purchase Agreement agree and understand that the only
funds to which the Seller has an interest is the $53,031.50 in Excess Funds as described in Sections
7.6 and 7.7 of the original Services Agreement between the parties dated December 5, 2001 and as
further agreed to by the parties in paragraph No. 2 of this Agreement. Seller's Auditor
(" ") will conduct a year end audit and determine the amounts of each
reserve and revenue account described herein at the close of the fiscal year. The Purchaser agrees to
pay thirty percent (30 %) of the cost of such audit.
17. Reserved Easements by Seller In the Deed of Assumption conveying the Property
to Purchaser, Seller shall reserve a non - exclusive perpetual easement to access and use the entire
parking lot located behind the building on the Property. The location of the access easement and
easement for the use of the parking lot is shown on Exhibit E attached hereto and incorporated
herein. Such non - exclusive easement shall include a non - interference clause to ensure that the
operations of the Regional Pound are not interrupted.
18. Use of Loading Dock by eller. Purchaser agrees that Seller shall be permitted to
use the loading dock closest to Seller's remaining property for a period of up to one (1) year
following Closing for Seller's deliveries. Purchaser and Seller shall cooperate and work together to
enable Seller to promptly obtain and remove deliveries made to the loading dock. Purchaser shall
have no obligation to unload any items delivered to Seller. At the end of the one (1) year period,
Purchaser shall consider allowing Seller to continue to use the loading dock if requested by Seller.
19. Termination of Contract The Roanoke Valley Regional Pound Facility Services
Agreement dated December 5, 2001, shall be deemed terminated as of Closing. Any and all joint
contracts providing services to the Property and Seller's adjacent property shall remain in full force
and effect, provided the parties shall work in good faith to enter into separate agreements as soon as
possible. Until separate contracts can be executed, each party shall continue to be responsible for
the payment of its portion of the applicable contract as handled prior to Closing.
20. Right of First Refusal to Purchase. If at any time within the first ten (10) years
following Closing, Purchaser, or its successors and assigns, receives from a ready, willing and
able purchaser an acceptable bona fide offer to purchase, or makes a bona fide offer to sell to
such purchaser, the Property, Purchaser shall give written notice, specifying the name and
address of the purchaser and the price and terms of the offer to Seller. Should Seller at any time
within the first ten (10) years following Closing receive from a ready, willing and able purchaser
an acceptable bona fide offer to purchase, or make a bona fide offer to sell to such purchaser to
sell its property located at 1340 Baldwin Avenue NE Roanoke Virginia 24012 which property is
currently housing the Roanoke Valley SPCA, then Seller shall give written notice, specifying the
name and address of the purchaser and the price and terms of the offer to Purchaser. Following
receipt of notice from Purchaser or Seller, the other party shall thereupon have the prior right to
purchase the Property or 1340 Baldwin Avenue covered by such offer, at the price and on the
terms of such offer. Either Seller or Purchaser may exercise these reciprocal rights by giving
either Purchaser or Seller notice within thirty (30) days after receipt of the other parties' notice of
the offer. In the event either party elects not to exercise its right of first refusal or fails to
18820/01/00071159.DOC;2 1
8
respond in writing within thirty (30) days following its receipt of notice, the other party may
consummate the sale of its property to such third party.
21. Conveyance of Assets of ACSI to Purchaser In consideration of the purchase price
paid by Purchaser, Seller's wholly owned subsidiary, ACSI, shall transfer to Purchaser all funds
held by ACSI as of Closing and all assets owned by ACSI by execution of a Bill of Sale in the form
attached hereto as Exhibit D.
22. Miscellaneous This Agreement sets forth the entire agreement and understanding
of the parties with respect to the purchase and sale of the Property. This Agreement shall not be
modified except in a writing signed by the parties hereto. No waiver of any provision of this
Agreement shall be valid unless the same is in writing and is signed by the party against which it is
to be enforced. This Agreement, and the terms and provisions hereof shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, legal representatives, successors
and, if permitted, assigns wherever the context so requires or admits. This Agreement may not be
assigned without the prior written consent of the other party. This Agreement shall be governed by
and construed in accordance with the laws of the Commonwealth of Virginia.
23. Counterpart Originals This Agreement may be executed in multiple original
counterparts, each of which shall be an original, but all of which shall constitute one and the same
Agreement. The parties agree that a facsimile or other form of electronic copy may be deemed an
original for all purposes.
24. Litigation and Costs In the event that any party is required to resort to litigation to
enforce its rights under this Agreement, the parties agree that any judgment awarded to the
prevailing party may include all litigation expenses of the prevailing party, including reasonable
attorneys' fees and court costs.
[Remainder of Page Left Blank — Signature Pages Follow]
18820/01/00071159.DOC;2 1
9
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date
first above written.
Date:
ROANOKE VALLEY SOCIETY FOR THE PREVENTION
OF CRUELTY TO ANIMALS
B
Its:
(Seal)
18820/01/00071159.DOC;2 }
10
WITNESS:
Approved as to form:
City Attorney
Approved as to Execution:
City Attorney
18820/01/00071159.DOC;2 }
CITY OF ROANOKE, VIRGINIA
Printed Name and Title
11
WITNESS:
Approved as to form:
Town Attorney
Approved as to Execution:
Town Attorney
18820/01/00071159.DOC;2 }
TOWN OF VINTON, VIRGINIA
Printed Name and Title
12
WITNESS:
Approved as to form:
County Attorney
Approved as to Execution:
County Attorney
18820/01/00071159.DOC;2 }
COUNTY OF ROANOKE, VIRGINIA
Printed Name and Title
13
WITNESS:
Approved as to form:
County Attorney
Approved as to Execution:
County Attorney
18820/01/00071159.DOC;2 }
COUNTY OF BOTETOURT, VIRGINIA
Printed Name and Title
14
Animal Care Services, Inc. joins this agreement to acknowledge the terms and conditions set forth
herein.
Date:
Animal Care Services, Inc.
B
Its:
(Seal)
18820/01/00071159.DOC;2 1
15
Exhibit A
Description of the Property
Located in the City of Roanoke, Virginia, more particularly described as follows:
BEING Tract A-113, containing 3.150 acres, as shown on Resubdivision Plat for the Roanoke
Valley Society for the Prevention of Cruelty to Animals, Inc., Showing the Resubdivision of
Tract "A-1" (7.296 Acres) Boundary Survey, Vacation and Combination Plat for The Roanoke
Valley Society for the Prevention of Cruelty To Animals, Inc., M.B. 1, Pgs. 2349, 2350 and
2351, Creating Hereon Tract "A-IA" (4.146 Acres) and Tract "A -1 B" (3.150 Acres), Situate on
Baldwin Avenue, N.E., and Edmund Avenue, N.E., dated July 8, 2002, prepared by T.P. Parker
& Son, a copy of which plat is recorded in the Clerk's Office of the Circuit Court for the City of
Roanoke, Virginia, in Map Book 1, pages 2514, 2515 and 2516.
18820/01/00071159.DOC;2 }
Exhibit B
[Attached List of Personal Property]
18820/01/00071159.DOC;2 }
Exhibit C
[Attach Form Deed of Assumption]
18820/01/00071159.DOC;2 }
Fxhil,it T)
BILL OF SALE
THIS BILL OF SALE is made and entered into this day of , 2012, by
and between Roanoke Valley Society for the Prevention of Cruelty to Animals, Inc., a Virginia
corporation ( "Seller ") and
( "Purchaser ").
In consideration of the payment of $10.00 from Purchaser to Seller and other good and
valuable consideration, the receipt of which is hereby acknowledged, Seller does hereby bargain,
sell, convey, transfer, and assign to Purchaser all of its right, title, and interest in and to all of the
personal property owned by Seller identified on Exhibit A attached hereto.
The undersigned certifies that (i) it is the sole and lawful owner of the Personal Property,
(ii) it has the right to sell and convey the Personal Property and to execute this Bill of Sale, (iii)
and other than the lien in favor of Wells Fargo Bank, the Personal Property is free and clear of all
liens and encumbrances.
IN WITNESS WHEREOF, the Seller has duly executed this Bill of Sale as of the date set
forth hereinabove.
SELLER:
Roanoke Valley Society for the Prevention of Cruelty to
Animals, Inc.
0
Its:
(Seal)
18820/01/00071159.DOC;2 }
Exhibit A to Bill of Sale
18820/01/00071159.DOC;2 }
Exhibit E
[Attach Drawing showing Easements]
18820/01/00071159.DOC;2 }
H -1
PETITIONER: Larry and Rhonda Conner
CASE NUMBER: 10- 06/2013
Board of Supervisors Consent 1 St Reading Date: May 28, 2013
Planning Commission Hearing Date: June 4, 2013
Board of Supervisors Hearing & 2 nd Reading Date: June 25, 2013
A. REQUEST
To obtain a Special Use Permit in a R -1, Low Density Residential, District for an
accessory apartment on approximately 4.68 acres located at 6185/6183 Bent
Mountain Road, Windsor Hills Magisterial District.
B. CITIZEN COMMENTS
Mr. William Gust, 6157 Bent Mountain Road, raised concerns on whether or not
the property owners will reside on the property and regarding driveway access to
the accessory apartment.
C. SUMMARY OF COMMISSION DISCUSSION
Philip Thompson presented the staff report. The petitioners were present to
answer questions. Commissioners had questions regarding the accessory
apartment standards and inspections of the apartment. The Commissioners also
had questions regarding the property being owned by an LLC and driveway
access. Ms. Rhonda Conner explained that they purchased the property as an
LLC for financing purposes, and that they plan to refinance the property and
place it in their names. She stated that they plan on living on the property and
plan to utilize the existing driveway for access to Bent Mountain Road.
D. CONDITIONS
1. The applicant shall provide an elevation certificate to the County's
Department of Community Development prior to occupancy of the
accessory apartment.
2. All building and zoning permit approvals shall be received prior to
occupancy of the accessory apartment.
E. COMMISSION ACTION
Mr. Woltz made a motion to recommend approval of the special use permit with
two conditions. The motion passed 5 -0.
F. DISSENTING PERSPECTIVE
None.
Page 1 of 2
H -1
G. ATTACHMENTS: X Concept Plan X Vicinity Map
X Staff Report X Other
Philip Thompson, Secretary
Roanoke County Planning Commission
Page of
STAFF REPORT
Petitioner: LARRY & RHONDA CONNER
Request: To obtain a Special Use Permit for an accessory apartment on 4.68
acres
Location: 6183 & 6185 Bent Mountain Road
Magisterial Windsor Hills
District:
EXECUTIVE SUMMARY:
This application is a request to obtain a Special Use Permit in a R -1, Low Density Residential
district for an accessory apartment in an accessory building located on 4.68 acres. This site is
designated as Suburban Village and Development on the Future Land Use Map from the
Roanoke County Community Plan. Suburban Village is where limited development activity has
historically occurred and where suburban or urban development patterns are discouraged.
Development is where most new neighborhood development will occur including single - family
development. The proposed application generally conforms to the Zoning Ordinance, although
final approval from zoning and building safety would be required.
1. APPLICABLE REGULATIONS
The Roanoke County Zoning Ordinance defines an Accessory Apartment as a second
dwelling unit within a detached single - family dwelling which is clearly incidental and
subordinate to the main dwelling.
Section 30 -82 -1 of the County's Zoning Ordinance lists the following Use and Design
Standards for Accessory Apartments:
(A) Intent. Accessory apartments afford an opportunity for the development of small
dwelling units designed to meet the special housing needs of persons with fixed or
limited income, and relatives of families who live or desire to live in the county.
Accessory apartments provide a degree of flexibility for home owners with changing
economic conditions and /or family structure, while providing a reasonable degree of
protection for existing property values. In addition, these provisions are provided to
formally recognize previously established apartments and provide for improved safety
and physical appearance.
(B) General standards:
1. An accessory apartment shall be permitted by right as an accessory use to a
detached single family residence.
2. An accessory apartment may be located in a structure other than the principal
structure on the lot if a special use permit has been obtained by the property owner.
3. Maximum floor area: Upon completion of the construction, the accessory apartment
shall not contain more than fifty (50) percent of the finished floor area of the principal
dwelling unit located on the same lot, but in no case shall the accessory apartment
exceed 1,000 square feet.
4. Only one accessory apartment shall be allowed on any one lot or parcel, and the
owner of the property shall reside on the premises.
5. Exterior entrances to an apartment in a principal structure shall be located so as to
appear as a single family dwelling.
6. Minimum floor area of the apartment: Three hundred (300) square feet.
7. One parking space shall be required in addition to required parking for the principal
dwelling and no separate driveway shall be permitted except as otherwise permitted in
the subsections below.
8. Health Department approval of sewage disposal shall be submitted prior to issuance
of a building permit for an accessory apartment.
(D) Additional standards in the AV, AR and residentially zoned districts:
1. A detached accessory apartment may be permitted in a building other than the
principal building with a special use permit provided:
a. The parcel meets the minimum lot size requirement of the zoning district it is located
in.
b. The accessory building shall comply with all applicable zoning requirements for a
principal building.
c. A separate driveway shall be permitted for a detached accessory apartment on
parcels larger than two (2) acres.
A Roanoke County Zoning permit and Building Safety review will be required.
2. ANALYSIS OF EXISTING CONDITIONS
Background — Roanoke County records are not clear on the timeline for the garage and
accessory apartment construction. If this special use permit is approved, building permits
will be required for the accessory apartment systems and structure.
Topograph — The western /central section of the parcel is a generally flat
which includes the area of the principal structure and the proposed detached accessory
apartment. Per the Roanoke County zoning maps, this western /central area is in the
flood plain /floodway designated areas. There is a small watercourse which runs on the
eastern side of the entrance driveway. The northern and eastern areas of the parcel are
moderately steep (29% slope, 60 feet height) and wooded.
In the surrounding neighborhood, the adjoining parcels north of Bent Mountain Road are
zoned R -1, Low Density Residential, and are primarily used for agriculture with some
residential uses. The areas across from and south of Bent Mountain Road are zoned
AR, Agricultural /Residential, which are also primarily used for agriculture.
0,
3. ANALYSIS OF PROPOSED DEVELOPMENT
Site Layout/Architecture — Per county Real Estate records, the principal structure has a
finished area of approximately 3,240 square foot, was built about 1920, and is
constructed of a DRYVIT exterior and an asphalt/composition shingle roof cover, with 4
bedrooms and 3 bath(s). The proposed accessory apartment is part of the garage
accessory structure behind the principal structure. The detached accessory apartment is
two stories and is approximately 800 square feet in size.
The Virginia Department of Transportation (VDOT) stated that there were no comments
on the request and that the permit would not impact the VDOT rights -of -way.
Roanoke County General Services Department stated that the accessory apartment
would receive a waste container if there is a separate address for the apartment. The
Zoning Administrator and the Western Virginia Water Authority review staff had no
comments on this petition.
The Roanoke County Fire & Rescue Department stated they have no objection to the
issuance of the special use permit. Additionally, the identified property would not require
any additional review or upgrade for fire flow or fire hydrant placement, based on the
information that has been provided for the review.
4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN
This site is designated as Suburban Village and Development on the Future Land Use
Map from the Roanoke County Community Plan. The Suburban Village designation is
where limited development activity has historically occurred and where suburban or
urban development patterns are discouraged. Rural, low — density single - family
residential housing generally averaging one unit per acre and cluster developments are
encouraged. These rural community and farming areas are generally in between the
existing intense suburban development patterns and the designated Conservation and
Rural Preserve areas. The Development future land use area is where most new
neighborhood development will occur including single - family development with attached,
detached and zero -lot line housing options. The surrounding low density residential and
agricultural residential 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 R -1, Low Density
Residential District for an accessory apartment in an accessory building. The area for
the accessory apartment currently exists on the site as part of the garage accessory
structure. The proposed application generally conforms to the Zoning Ordinance,
although final approval from zoning and building safety is required.
3
CASE NUMBER: 10- 6/2013
PREPARED BY: Tammi L. Wood
HEARING DATES: PC: 6/4/2013 BOS : 6/25/2013
ATTACHMENTS: Application
Site Plan Concept
Aerial Map
Land Use
Zoning Map
Photographs
R -1, Low Density Residential District Standards
Accessory Apartment Use & Design Standards
11
Count of Roanoke
Communit Development
Plannl'" & Zonin
5204 Bernard Dfive
P 0 Box 29800
Roanoke,, VA 24018-0798
( 540 ) 772-2068 FAX (540 776-7155
A LL A PPLICA NtS
For Staff Use Onl
Date received
Received by- 4
Ap plication r u&)
PD
PC/BZA date- -
- 2 f �-'j 2
Placards issued:
BSS date:
01-qe (0
Check t of appliQatwn filed (check all that a
L1 Rezonin ��'Ipeciall Use El Variance U Waiver F1 d i nistrativ ppeal
Applicants nain SS W/Z' 1-1
e-,
Owner's name/address V.-Ul p 4AOC V/. C-
4A-er 1�5040'e'
,
Propv'krL, I ociation
0 /y V -yJ
I
l"'ax Map No,;
Size of parcel(s): Acres: �.
Phone:
Wo, rk:
ell
Fax No.:
Phone #:
Work;
Fax No. #:
11 Comp Phis (15.2-2232 Review
"0 -3
cl -
Ma Disffifct: 4);-n wor mot 11-5,
Community Plannin arew, rc�k
Existin Zonin
Existin 1,and Ose: ges �4%01'r
REZONING,L17PECIA L USE PERMIT, WA I VER A ND COMP PL A N (1 -5.2- 2232) RE VIE W A PPLICA NTS ( R/SIWICP )
Pro Zonin
Proposcd L,and Use; - -4 4 eAA� uv*"
I S.0 ea
Does the parcel rnect the minimum lot area, width, and fronta re of the re district?
Yes 4-< No n IF NO, A VARIANCE ISREQUIRED FIRST.
Does the parce I muct the mi n 1 inum criteria for the re Use T Yes Rp"- No EJ
IF N09 A VARIANCE IS RE FIRST
i i". *
If rezonin rc are conlanions bein pi-Acred with this rc Yes D No 171
V4MNCE, WAIVED? AND ADMINISTRA APPEAL APPLICANTS ( VIWIAA )
Variance/Waiver of Section ofthe Roanoke Count Zonin Ordinance in order to-,
Appeat of Zoning Adminlistratoes decision to O
Appeal of Interpretation of Section(s),, of the Roanoke Count Zonin Ordinance
Appeal of Interpretation of Zonin Map to
Is Lhe application complete? Please check if enclosed. APPLICATION W1 OT BE ACCEPT F ANV 017 THESE ITE
A R F. M I -SSI NG OR INCOMPLETE,
2 V3
RISMIC311 V/AA I Consultation R/SfW/CP V/AA 8 1/211 x I I " concept plan, WS/W/CP V/AA Appli D**Pft
f e
Application Mi,-tcs-, and bounds d". cription ficable
ti tin Water and sewer application o ers wn
L Ad
I hereb certif that I am cith the owner of the property r the Mier' a or contract ptirchaser an mi aefi ng�vith
d
f the owner,
Offlier'
S Signature
I
3 USTI FICAT 10 N FOR REZON IN G 9 S PECIAL U SE PERMIT WAIVER OR COMP PLAN ( 1 s.z-2232 REVUEM.
REQUESTS
Applicant
The Plannin Commission will stud rezonin specia( use pcnnit waiver or communit plan (15.2-2232) review re to
determine the need and j ustification for the chan in tenns of public health, safet and g eneral welfare. Please answer the
fol to ri q uesti ores as thorou l as possib) e. U se add tional. space i f n eeessw -
P lease expl ai n how the re fu i-thers the purposes ,o f the Roano ire Cou m Ord i nance as well as the purpose fo and at the
be o the ap zonin istrict cl assi fi c atio n in the on np, Ord i nan cc.
J �t .%pta4.*0 rtre, vWa,* a-rL acce�P"44
Vk lwvr 1 49
4- A"
s zit
tu 'Olt AiL 1�2aj
P
Please explain how the prof ect conforms to tb.e g eneral g uidelines and policies contained in the Roanoke
Plan. Count Communit
e
j j
A Z+ ��
P-1 e ase describe tb e i in 1 )act ( s ) of the re uest on the propert itself, the adjo In in pro p erties, and the surrou nd, in area, tis we I as
the im acts on public sere ices and facilities, includin water/sewer, roads, schools, parks/recreation and fire and rescue.
F 6.
A
I I 1tj--4M 0
zoo&
0
/�0-111 on,
CONCEPT PLAN CHECKLIST
A concept plan of the proposed pro must be submitted with the application. The concept plan shall g raphicall y depict the
land use chan development or variance that is to be considered. Further, the plan shall address ail potential land use oi,
deli g nissues arisin the re In such cows involvin rezonin the applicant ma pmfller conditions to limit the Wture
u and development of the propert and b so doing, y deficiencies that ma not be mana b Count permittin
The concept plan should not be confused with the site plan or plot plan that is re prior to the issuance of a buildin permit.
Site plan and buildin permit procedures ensure compliance with State and Count development re and ma re
chan to the initial concept plan. Unless fimilin conditions are proffered and accepted in a rezonin or imposed on a ipecial
use permit or v4rilance, the concept plan ma be altered to the extent permitted b the zonin district and other re
A concept plan is re with all re7on*in special use pemit, waiver, communit plan (15.2-2232) review and variance
applications. The plan should be prepared b a professional site planner. The level of detail ma var dependin on the nature
of the re Count Plannin Division staff ma exempt some oft a litems or suggest the addition of extra items,, but tile
following are considered minimuni:
A1,1i APPLICANTS
a. Applicant'name and name of de-ve-lopmeilt
b. Date, scale and north arrow
C. Lot size in acres or s ficet and dimensions
d. Location, names ofowners and Roanoke Count tax map numbers of adjoinin propurfic,�,
e. I 4i 1 ca I 1'eatures such as g round cover, natural wate mousse s, floodp lain, etc
f. The 7b nits g arid land use of all adjacent propertiws;
g . All propcity lines and easements
h. All buildin existin and proposed, and dimensions, floor area and hei
i. Lmfion, widths and names of all exi.qiln or platted strects or other public wa within or adJacent to the development
Dimensions and locations of all drivewa parkin and loadin spa=
Additional i n f o r m a l i o n re i• REZONIM; undSPh,'CIA L UV, PERM,17'A PPLIC.A /VJLV
k. Existin utilities (water, sewer, atom drains and connections at the site
1. An drivewa entrances/exits, eurb openin and crossovers
m. Topo map in a suitable and contour intervals
n. Approximate street g rades and site distances at intersections
o. Locations of all at fire h
p. An proffered conditions at the site and how the are addressed
�1- If pr is to be phased, pie-use show phase schedule
I certi that al I items re in the check I ist above are complete.,
4
Si of applicant Date
T
Communit Development Plannin & Zonin Division
-I
NOTICE'ro APPLICANTS FOR RF-70NING, StJBDIVISION W IVERI, PUBLIC S TR-E-ET
WArIVER OR SPECIAL USE PERMIT PETTTION
PLANNIN(I" COMMISSION APPLICATIoN AcCEPTANCE PROCEDURE
The Roanoke Count Plannin Commission reserves the ri to continue a czonin Subdivision Waiver,
Public Street Waiver or Special Use Permit petition 'if new or additional 'Information is presented at the public
hoarin If it is the opinion of 1he majorit of"the Plannin Comm, issioners present at the scheduled public
hearin that sufflicient time was not available for plannin staff and/or an outside rcferral a to
ade evaluate and provide written comments and su on the new or additional infiormation prior
to the scheduled public hearin then the Plannin Commission ma vote to continue the petition. Thils,
continuance shall allow sufficient time for all necessar reviewin parties to evaluate the new or additional
information and provide written comments and su to be included 'in a writicn memorandum b
plannin staff to the Plannin Commission. The Plannin Commission shall consult with plannin staff to
determine if a continuance ma be warranted.
POTENI'l A L OF NEED FOR T c ANALYSES AND TRAFFIC IMPAC"I" STUDY
The Roanoke Count Plannin Commission reserves the ri to continue a Rezonin Subdivision Waiver,
Public Street Waiver, or Special Use Permitpetition if theCount Traffic En g ineer or staff from the Vir
l3cpartment of Transportation re further traffic anal and/or a traffic impact to that would be
beneficial in makin a land use decision (Note.- a lin of polential land uses and situalionv tai would
neeessilatc, lher stud is provided as part of this application packa
This continuance shall ail ow sufficient time for all necerisar mvie win g parties to evaluate the re trayic
anal and/or traffic impact stud and to provide wr"I tten comments and/or su to the plannin staff
and the Plannin Commission. If a continuance is warranted, the applicant will be notified of the continuance
and the newl scheduled public hearin date.
Effec ff ve date: Aprll 1-9, 2005
Namo of Petition
J
Patiflanees Si
s -art- -/,3
Date
D;
flexrols
Page I of I
Pro 'type: R esidential - Detached
Add ress. 6185 BENT MOUNTA D Roanoke VA 24018
M L# 777338
Status Active
List Prim 7 . t
Subdivision Map
_
Style 2 Story
Lot I
:
Ye Built (seller) 1920
Block
I ' I
Construction Status Co mpleted
Section
,'
Tel Acreage 4.68
Zoning Code
a . _
Lot DLimensions WA
Tax ID x96,01 -0 - 36.00 -0000
_ F .
Municipality Roanoke County
A Taxes $2 ,900.4 9
tt ng Type: Exclusive Piet to Represent Seller
Areas: 0 Roanoke County - South
Area E..
Subdivisi ward A. Mowler
Phase:
Bra - S FT FtrV t 1 500
Upper - ' FT 1`lrvfflt 11
Lower _ SQFT Fir Ht
Other � SOFT Fln[Ht 0
Total !Fnsttd S qFt 2650
Lower - SQFT U nfin 200
Total Bedrooms 4
BasementYIN Yes
Elementary School Back Creek
To I Full Baths 3
Basement Partial Ea ernent
Middle School Cava Sp ring
T otal Half 18aths a
# Vehicle Spaces
High School Cave Spring
Prim. C overed Pirking Garage Detached
dd'l Covered Prkng
Uncovered Parking.
Total CoVd Prk Spc 2
Addl PafkMg Spaces 0
thxwered # Spaces 0
Water Class NIA
Water ID
Wngth of a~ j
tr o 1 p TO 221 . 2 M ► TO DR114EMY ON R IGHT JUST BEFORE FOAGE MALLY FARK
P ublic Remarks: SPACIOUS HOME IN PRIVATE Ems .
4.68 ACRES, PROPE ALSO HAS A SEPEMTE AGE
APARTMENT, PLUS 2 ELA AGE. RENOVATION
TARTER. GREAT PROJECT HOME.
Lot ftKr paten ar ; ftoded
Rooter Name Room Level
C onstruction: Brick
Bedmom 1 Upper
1 8ed room2
Manufactured N HUD Tai
Lippe
Headcrg. Heat Pump Elecific
Be dfoom 3 tippe
Caro Heat Pump B edjic
Fireplace: 9 Fireplaces. 1 , Uving Roo
Be dmorn 4 Upper
Interior Features Breakfast. Ceiling Fan
Living Room Entry
Exterl r'F'eatur C overed Porch; Garden Space
Din Prom En ry
Disc Features: Cabl TV
Eat -Nn Kitchen Entry
Room: Vinyl %Abod
p Laundry Entry
Porch: Front Part
Water Description: Private Wel
' Se wer Description: Priv epl_perrnrt unav
Bedrooms: BR Entfy Level: 0, BR Lipper Level:
4; BR Low Level* C} BR. O Wer Level, 0
Pall Baths. Full Baths Enfjy Lvi. 1. Full Baths Upper Lvl. 2 Full Baths Lover Lvi. 0, Full Baths Other Lr4-.
Half Baths: Half Baths Entry Lvl- 0; Half Baths Upper Lvt 0. Half Baths Lower U1. Half Baths tattler Lvi:
L I m Ite d SerVIMw Not Limited Sciv ice
Li Data 12120/2011
P A Coed Assoc YIN No
POA(Condo Dues 0
Pmvrded as a couriesy of
ANGELA J BATE`
GRACIOUS LIVIN REALTY
1 0200 PO AHONTAS Tl
P. o. Box 244
PROVIDENCE FORGE. VA 23140
Mob Phone - 540 353.7138
ang el , a batey@aol .com
http://www.vahomebuys.com
_ Wwmati'on Is deemod deem to be t ` is not guaranteml 0 2012 MLS and FOS,
Prepared by AN GE LA J EIATEY to h1oriday. Du 16. 2012 28 AM
The i nf6dination on this sheet has been made available by bh MLS and may not he
the listing of a provider.
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R -1 District Regulations
SEC. 30 -41. R -1 LOW DENSITY RESIDENTIAL DISTRICT.
Sec. 30 -41 -1. Purpose.
(A) The R -1, low density residential district is established for areas of the county within the
urban service area with existing low - middle density residential development, with an
average density of from one (1) to three (3) units per acre, and land which appears
appropriate for such development. These areas are generally consistent with the
neighborhood conservation land use category as recommended in the comprehensive
plan. In addition, where surrounding development and the level of public services
warrant, these areas coincide with the development category recommended in the plan.
This district is intended to provide the highest degree of protection from potentially
incompatible uses and residential development of a significantly different density, size, or
scale, in order to maintain the health, safety, appearance and overall quality of life of
existing and future neighborhoods. In addition to single- family residences, only uses of a
community nature which are generally deemed compatible are permitted in this district.
This would include parks and playgrounds, schools and other similar neighborhood
activities.
(Ord. No. 042799 -11, § If., 4- 27 -99; Ord. No. 042208 -16, § 1, 4- 22 -08)
Sec. 30 -41 -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
Stable, Private*
2. Residential Uses
Accessory Apartment*
Home Occupation, Type I *
Manufactured Home *
Manufactured Home, Emergency *
Multiple Dog Permit*
Residential Human Care Facility
R -1 District Regulations
Single- Family Dwelling, Detached (For Zero Lot Line Option - *)
Single- Family Dwelling, Attached
Single- Family Dwelling, Attached and Detached (Cluster Subdivision Option - *)
Temporary portable storage containers *
3. Civic Uses
Community Recreation
Park and Ride Facility *
Public Parks and Recreational Areas *
Utility Services, Minor
4. 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
Accessory Apartment *
Alternative Discharging Sewage System
Home Beauty /Barber Salon *
2. Civic Uses
Cemetery *
Crisis Center
Day Care Center *
Educational Facilities, Primary /Secondary *
2
R -1 District Regulations
Family Day Care Home
Religious Assembly *
Utility Services, Major
3. Commercial Uses
Bed and Breakfast *
4. Miscellaneous Uses
Outdoor Gatherings *
(Ord. No. 42793 -20, § II, 4- 27 -93; Ord. No. 62293 -12, §§ 3, 8, 6- 22 -93; Ord. No. 82493 -8, § 2,
8- 24 -93; Ord. No. 62795 -10, 6- 27 -95; Ord. No. 042799 -11, § 2, 4- 27 -99; Ord. No. 042500 -9, §
II, 4- 25 -00; Ord. No. 072605 -7, § 1, 7- 26 -05; Ord. No. 042208 -16, § 1, 4- 22 -08; Ord. No.
052609 -22, § 1, 5- 26 -09; Ord. No. 030811 -1, § 1, 3 -8 -11; Ord. No. 052411 -9, § 1, 5- 24 -11)
See. 30 -41 -3. Site Development Regulations.
General Standards. For additional, modified, or more stringent standards for specific uses, see
Article IV, Use and Design Standards.
(A) Minimum lot requirements.
1. All lots served by private well and sewage disposal systems:
a. Area: 0.75 acre (32,670 square feet).
b. Frontage: 90 feet on a publicly owned and maintained street.
2. Lots served by either public sewer or water:
a. Area: 20,000 square feet.
b. Frontage: 75 feet on a publicly owned and maintained street.
3. All lots served by both public sewer and water:
a. Area: 7,200 square feet.
b. Frontage: 60 feet on a publicly owned and maintained street.
(B) Minimum setback requirements.
3
R -I District Regulations
1. Front yard:
a. Principal structures: 30 feet.
b. Accessory structures: Behind the front building line.
2. Side yard:
a. Principal structures: 10 feet.
b. Accessory structures: 10 feet behind front building line or 3 feet behind
rear building line.
3. Rear yard:
a. Principal structures: 25 feet.
b. Accessory structures: 3 feet.
4. Where a lot fronts on more than one street, front yard setbacks shall apply to all
streets.
(C) Maximum height of structures.
1. Height limitations:
a. Principal structures: 45 feet.
b. Accessory structures: 15 feet, or 25 feet provided they comply with the
setback requirements for principal structures.
(D) Maximum coverage.
1. Building coverage: 30 percent of the total lot area for all buildings and 7 percent
for accessory buildings.
2. Lot coverage: 50 percent of the total lot area.
(Ord. No. 62293 -12, § 10, 6- 22 -93; Ord. No. 42694 -12, § 8, 4- 26 -94; Ord. No. 042208 -16, § 1
4- 22 -08)
11
Use & Design Standards — Residential Uses
Sec. 30 -82 -1. Accessory Apartments.
(A) Intent. Accessory apartments afford an opportunity for the development of small dwelling
units designed to meet the special housing needs of persons with fixed or limited income,
and relatives of families who live or desire to live in the county. Accessory apartments
provide a degree of flexibility for home owners with changing economic conditions
and /or family structure, while providing a reasonable degree of protection for existing
property values. In addition, these provisions are provided to formally recognize
previously established apartments and provide for improved safety and physical
appearance.
(B) General standards:
1. An accessory apartment shall be permitted by right as an accessory use to a
detached single family residence.
2. An accessory apartment may be located in a structure other than the principal
structure on the lot if a special use permit has been obtained by the property
owner.
3. Maximum floor area: Upon completion of the construction, the accessory
apartment shall not contain more than fifty (50) percent of the finished floor area
of the principal dwelling unit located on the same lot, but in no case shall the
accessory apartment exceed one thousand (1,000) square feet.
4. Only one (1) accessory apartment shall be allowed on any one (1) lot or parcel,
and the owner of the property shall reside on the premises.
5. Exterior entrances to an apartment in a principal structure shall be located so as to
appear as a single family dwelling.
6. Minimum floor area of the apartment: Three hundred (300) square feet.
7. One (1) parking space shall be required in addition to required parking for the
principal dwelling and no separate driveway shall be permitted except as
otherwise permitted in the subsections below.
8. Health department approval of sewage disposal shall be submitted prior to
issuance of a building permit for an accessory apartment.
(C) Additional standards in the AG -3 and AG -1 districts:
1. An accessory apartment may be permitted by right in a building other than the
principal building provided:
a. The parcel contains a minimum of three (3) acres.
Use & Design Standards — Residential Uses
b. The building in which it is located complies with all applicable zoning
requirements for a principal building.
(D) Additional standards in the AV, AR and residentially zoned districts:
1. A detached accessory apartment may be permitted in a building other than the
principal building with a special use permit provided:
a. The parcel meets the minimum lot size requirement of the zoning district it
is located in.
b. The accessory building shall comply with all applicable zoning
requirements for a principal building.
C. A separate driveway shall be permitted for a detached accessory apartment
on parcels larger than two (2) acres.
(E) General standards in the C -1 and C -2 districts, independent of the general standards
above:
1. The accessory apartment shall be allowed only in the same structure as, and in
conjunction with, an associated civic, office or commercial use type.
2. The civic, office or commercial use type must occupy at least fifty (50) percent of
the gross floor area of the structure.
(Ord. No. 42694 -12, § 12, 4- 26 -94; Ord. No. 042208 -16, § 1, 4- 22 -08; Ord. No. 052411 -9, § 1,
5-24-11)
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25
ORDINANCE GRANTING A SPECIAL USE PERMIT FOR AN
ACCESSORY APARTMENT ON APPROXIMATELY 4.68 ACRES
LOCATED AT 6185/6183 BENT MOUNTAIN ROAD (TAX MAP NO.
96.01 -3 -36) WINDSOR HILLS MAGISTERIAL DISTRICT, UPON THE
PETITION OF LARRY AND RHONDA CONNER
WHEREAS, Larry and Rhonda Conner have filed a petition for a special use
permit for an accessory apartment on approximately 4.68 acres located at 6185/6183
Bent Mountain Road (Tax Map No. 96.01 -3 -36) in the Windsor Hills Magisterial District;
and
WHEREAS, the Planning Commission held a public hearing on this matter on
June 4, 2013; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on May 28, 2013; the second reading and public hearing on this
matter was held on June 25, 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 Larry and
Rhonda Conner for an accessory apartment on approximately 4.68 acres located at
6185/6183 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 conditions:
Page 1 of 2
a) The applicant shall provide an elevation certificate to the County's
Department of Community Development prior to occupancy of the
accessory apartment.
b) All building and zoning permit approvals shall be received prior to
occupancy of the accessory apartment.
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 of
H -2
PETITIONER: Fellowship Community Church
CASE NUMBER: 11- 06/2013
Board of Supervisors Consent 1 St Reading Date: May 28, 2013
Planning Commission Hearing Date: June 4, 2013
Board of Supervisors Hearing & 2 nd Reading Date: June 25, 2013
A. REQUEST
To obtain a Special Use Permit in a R -1, Low Density Residential, District for
religious assembly to construct an overflow parking lot on approximately 0.412
acre located at 1230 Red Lane Extension, Catawba Magisterial District.
B. CITIZEN COMMENTS
Three citizens spoke on this petition — Jim DiVirgilio, Faye Perkins, and Joe
Powell. Mr. DiVirgilio and Ms. Perkins raised concerns regarding the parking and
storage of church busses and vans on the proposed lot, lighting and keeping the
residential nature of the surrounding lots. Mr. Powell was in favor the request but
was concerned that the proposed buffer would block his view of the mountains.
C. SUMMARY OF COMMISSION DISCUSSION
Philip Thompson presented the staff report. Maryellen Goodlatte, Glenn,
Feldmann, Darby & Goodlatte, provided additional information regarding the
project on behalf of the petitioner. Commissioners had questions regarding
lighting, buffers, topography, and the parking of church vehicles. Mr. Thompson
stated that staff would be flexible in regards to the buffer to limit its impact on Mr.
Powell's view. Ms. Goodlatte stated that the petitioner had no objections to
prohibiting lighting and the parking of church vans and busses.
D. CONDITIONS
1. The site shall be developed in general conformance with the concept plan
dated March 28, 2013, and prepared by Hughes & Associates.
2. The parking or storage of church vans or busses shall be prohibited.
3. No light poles or lighting fixtures shall be installed within the parking lot.
E. COMMISSION ACTION
Ms. Hooker made a motion to recommend approval of the Special Use Permit
petition with three conditions. The motion passed 5 -0.
F. DISSENTING PERSPECTIVE
None.
Page 1 of 2
H -2
ATTACHMENTS: X Concept Plan X Vicinity Map
X Staff Report X Other
Philip Thompson, Secretary
Roanoke County Planning Commission
Page 2 of 2
STAFF REPORT
Petitioner: FELLOWSHIP COMMUNITY CHURCH
Request:
To obtain a Special Use Permit to expand the existing parking lot for
a Religious Assembly use on 0.412 acre
Location
1230 Red Lane Extension
Magisterial Catawba
District:
1. The site shall be developed in general conformance with the
Suggested concept plan dated March 28, 2013, and prepared by Hughes &
Conditions: Associates.
EXECUTIVE SUMMARY:
This application is a request to obtain a Special Use Permit for Religious Assembly in a R -1,
Low Density Residential district.to construct an overflow parking lot for Fellowship Community
Church on 0.412 acre. This site is designated as Development on the Future Land Use Map
from the Roanoke County Community Plan. The Development designation area is where most
new neighborhood development will occur including facilities which serve the neighboring
residents such as parks, schools, religious assembly facilities, parks and recreational facilities
and community clubs and meeting areas. The proposed application generally conforms to the
Zoning Ordinance, although final approval is pending site plan review.
1. APPLICABLE REGULATIONS
The Roanoke County Zoning Ordinance defines Religious assembly as a use located in
a permanent building and providing regular organized religious worship and related
incidental activities, except primary or secondary schools and day care facilities.
Sec. 30 -83 -9 of the County's Zoning Ordinance also lists the following Use & Design
Standards for 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.
(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.
A Roanoke County Zoning permit and Building Safety review will be required.
2. ANALYSIS OF EXISTING CONDITIONS
Fellowship Community Church began with a congregation of approximately 60 in 2000.
In May 2002, the Roanoke County Board of Supervisors granted a Special Use Permit to
operate a religious assembly at this site. In 2003, a Special Use Permit to construct and
operate a daycare on the campus and the site plan for the campus was approved. In
May 2006, a final certificate of occupancy for the structure was issued. The parking area
south of the entrance driveway was approved in 2009 and there have been various
internal alterations and upgrades since then. The church has grown and continues to
grow which has necessitated this new parking lot. .
The parcel for the proposed parking lot is a vacant lot with very little vegetation other
than the grass for stabilization. The northern property line and area of the parcel is
approximately ten feet above the southern property line. With the exception of the
Fellowship Community Church campus, the majority of the surrounding neighborhood is
single family residences. Properties to the north contain single family residences. The
City of Salem city line is across Red Lane Extension to the east as well as adjoining the
campus property to the west. Interstate 81 borders the southern property line.
3. ANALYSIS OF PROPOSED DEVELOPMENT
As shown on the concept plan, the proposed parking lot would be located off the existing
entrance road for the church approximately 250 feet from Red Land Extension. Forty -six
(46) parking spaces are shown on the concept plan along with a landscaped buffer
along the northern property line and along Red Lane Extension.
The Virginia Department of Transportation (VDOT) stated that this portion of Red Lane
Extension is maintained by the City of Salem. VDOT also stated that there were no
comments on the request and the permit would not impact the VDOT rights -of -way.
The Roanoke County General Services Department stated that the petition would have
no impact on services. The Zoning Administrator and the Western Virginia Water
Authority review staff had no comments on this petition.
04
The Roanoke County Fire & Rescue Department stated that the Fire Marshal's Office
has no objections to the submitted request. Additionally, the added parking would not
obstruct access for the Fire and EMS vehicles and would actually assure safe and clear
access during peak occupancy times by allowing additional spaces for parking and
eliminating parking along the access roadway to the structure.
4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN
This site is designated Development on the Future Land Use Map from the Roanoke
County Community Plan. The Development designation area is where most new
neighborhood development will occur including facilities which serve the neighboring
residents such as parks, schools, religious assembly facilities, parks and recreational
facilities and community clubs and meeting areas. The proposed use is consistent with
the Development future land use designation.
5. STAFF CONCLUSIONS
This application is a request to obtain a Special Use Permit for Religious Assembly in a
R -1, Low Density Residential district.to construct an overflow parking lot for Fellowship
Community Church on 0.412 acre. The proposed application conforms to the County's
Comprehensive Plan and Zoning Ordinance.
CASE NUMBER: 11- 6/2013
PREPARED BY: Tammi L. Wood
HEARING PC: 06/04/2013 BOS: 06/25/2013
DATES:
ATTACHMENTS: Application
Site Plan Concept
Aerial Map
Land Use Map
Zoning Map
Ordinances for existing Church property 051402 -6 and 032503 -15 (Both
current Ordinances)
R1, Low Density Residential Zoning standards
Religious Assembly Use &Design Standards
3
Cotint of Roanoke
COR11111111it Development
1"lannin & Zonin
5204 Bernard Drive
P 0 Box 29800
Roanokc VA 24018-0798
(540) 772-2068 FAX (540) 776-7155
ALL A PPLICANTS
rol. staff Use Onl
Date rcomed: Received b
7—
Application fee: 13CILW date",
\ F
Nac-ards issued- BOS date: /
to
Case Number k . /
Che.ck t ofapplication F11rtd,(ChCCk all that appl
El Rezoniji XSpecial Use nVariance 0 Waiver EJ Administrative Appeal
Appliccants 11ame/address w/zip
Fellowship Communit Church
1226 Red Lane Et
Salem, VA 24153
Owner's name/address w/ pr
Fellowship Communit Church
1226 Red Lane Ext
Salem, VA 24153
Pro I.ocation
1230 Red Lane East, Lot 11
Contact,.
Dou Price
Phone;
Work:
Cell 4-1
Fax No.:
Tax Ma No.: 045.02-02-11.0
i of parcv,1(s): Acres: .412
D CORI PIA 111 (15.2-2232 Review
540-387-3200 x321
UO-589-7892
540�
Phone #: -5.4B--a8L--320Dx3-0-8.
Contact: Work: � _
i Willard Fax . #: 540-387-3209
Robbe
I Magisterial District: Catawba
Communit Plannin a]-ea.. Ea View Estates
Existin Zonin R1
Existin Land Use: Unused Residential, Lot
RE ZONING� SPECIAL USE PE WAI VE It AND COAIP PLA N ( IS.2-2232 ) REVIEW A PPLICANTS (R/S/NV/CP
Proposed Zonin R I
proposed Land Use: Overflow Parkin Lot
Does the parcel t the minimum
lot area, widtli, and fi-onta re ofthe re district?
Yes ix N o F-1 IF NO.) A VARIANCE IS REQUIRED FIRSI .
Does the parcel mect the niinitnum criteria fi)r the re Use T Yes X No
IF NO, A VARIANCE IS REQUIRED FIRST
If rezonin re are conditions bein proffered with this re Yes I I No
VARIANCE, WAIVER AND ADURVISTRATI APPLICANTS (111011AA
Varimce/Walver of Section of the Kano ke Count Zonin Ordinance in order to:
Appeal of Zonin Administrator's decision to
Appeal of Interpretation of Section of the lZoanoke Count Zonin Ordinance
Appec-il of InterpretatioTiof Zonin Map to
lstlica Please check ifenclosed. APPLICATION WILL NOT B CEPTE NY 0 ES E I
ARE MISSING OR INCOMPLETE.
]USIWIC11' TWA A 10SAVICP V/AA RiS, ICT VIA A
X Consultation X 8 11211 x I I " concept, P lan X Appli
X ApplicatiGn N/A Metes and bound s description N/A Proffier ble
X .111stirleation N/A ii Water and se- wr application X P Ad 0"Wis
I hereb ccrtij that I ani either the owner of the propert the owner"s a qr contrac, -urcliasei-tinciailiact[ii
F the own c r.
Owner's Si
iq
JUSTIFICATION FOR RE,ZON ING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232 REVLEW
REQUESTS
Applicant Fellowship Communit Church (Contact', Dou Price)
The Plannin Commission will stud rezonin special use permit waiver or community P I an (15.2 -223 2 rev iew re q U. e-St S tO
detemi.ine the need and justification for the chan in terms of public health, safet atid g eneral welfare. Please answer the
fo I low i n q uest ion s as thorou ghl,
, y as possible.'Use additional space if necessar
Please explain how the re furthers the purposes of the Roanoke Count Ordinance as well as the purpose found at the
be of the applicable zonin district -classification in the Zonin Ordinance.
Fellowship Communit Church is re an SUP for the addition of approxinlatell 50 parkin
spaces for overflow parkin
With the continued g rowth of the church, durin special events and holida services our on-site parkin
becomes ver crowded. Primaril the problem occurs between services when parishioners are enterin
the parkin lot and departin from the parkin lot simultaneousl
Please explain how the pr jest confonnis to the g eneral g uidelines and policies contained in the Roanoke Couilt Communit�-
Plan.
Fellowship Communit Church was formed in 2000 with a g roup of about 60 members from a
local church. From that time we have g rown in size and reach. Mission teams have been sent -Cj�l over
the world and man people in the Roanoke valle hold hi re for the communit involvement of
FCC members.
The church has had a positive influence in the Roanoke valle seekin to fulfill' Roanoke Count
Communit Plan of enhancin the q ualit y of life.
Please describe the ini act(s) of the re on the propert itself, the adjoinin properties, and the surround in area, as we] I as
the imparts on public services and facilities, includin watertsewer, roads, , ;drool , parks/recreation and fire and rescue,
The propert is currentl an 'unused residential lot. This will not increase traffic, nor have a ne
effect on an ad propert Infact, with added on-site parkin we will be able to stop utilizin
off -site parkin on Red Lane E to shuttle parishioners durin special events and holida services.
This overflow parkin should serve to alleviate traffic on Red Lane Ext.
No chan will be made to the existin structure of FCC, water/sewer, or curb cut.
K
C"O"INCEPT PLAN CHECKLIST
A
concept plan o f the pro p a sed. project must he s u brn i tted with th e app I i cat i on. The concept plan shall g raphicall y d c p ict the
land use chan development or variance that is to be considered. Further, the plan shall address an potential land use or
desi issues arisin from the re In such cases involvin rezonin the appi icant. ma proffer conditions, tc) 11 m it the future
use and development of the propert and b so doin correct an deficiencies that ma not be mana b Count permittin
re
The concept plan should not be confused with the rite plan or plot plan that is re prior to the issuance ofa buildin permit.
Site plan and buildin pen-nit procedures ensure compliance with State and Count development re and ma re
re
chan to the iiiitia I incept plan. U n I ess I i in i t i n conditions are proffered and accepted. in a rezonin or Impose on a sp cc i a]
use permit or variance, the concept plan ma be altered to the extent permitted b the zonin district acid other re
C1
A concept plan is re with all rezonin special use permit, waiver, communit plan (15.2-2232 review and variance,
applications. The plan should be prepared by a professional site planner. The level of detail ma 'var dependin on the nature
o f th e re The Count P- I an in i n Division staff rn a ex c m pt same of th e items or s u th e ad d i t to n of extra items, hot the
fbllowin are considered minimum:
ALL APPLICANTS
x & Applicant mine and name of developnient
X b. Date, scale and north arrow
X_
e. Lot size iti acres or s feel and dimensions
X d. Location, names of owners and Roanoke Count tax niap numbers of adjoinin properties
X e. Ph features such as g round cover, natural watercourses, floodplain, etc.
X_ f, 'The zonin and land use of all adjacent properties
X_ g . All propert lines and easements
X h. All building
existin and proposed, an d d irn ellr.S i ons, floor area and hei
X Lo ca t io n . width: and names of a i I cx i st i n or platted streets or other public wa with i n or adj acent to thc dcve I o p Inent
X_ Dimensions and locations of all drivewa parkin spaces and loadin spaces
A dditional i on i•e Wredfib?- =, ONING and SPFeC111 L USE PEERMIT A PPLIC11 NTS
X k. Existin utilities (water, sewer, stone drains) and connections at the site
x—
I; An drivewa entrances/exits, curb openin and crossovers
X_ m. Topo map in a suitable scale and contour intervals
X n. Approximate street g rades and site distances at intersections
X o. Locations of all adj ace rat ,fire h
X_ p. An proffered conditions at th.c site and how the are addressed
q . If. project is to be phased, please show phase schedule
I certif that all items re in the checklist above are complete.
2-
/04
Si of applicant Date
0
S, Use Permit Application Attachment; Fellowship Communit Church:
Ad Propert Owners
Carter, Edward T. Jr. & Monica D.
1238 Red Lane E
Salem VA 24153
Tax No. 23-2-12 ( Salem )
Gearhart, Darlene L.
1443 Hearth Lane
Salem, VA 24153
Tax No. 045.02-1-16
Powell, Joseph C.
1234 Red Lane Et
Salem, VA 24153
Tax No. 045-02-02-10
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, MAY 14, 2002
ORDINANCE 051402 -6 GRANTING A SPECIAL USE PERMIT TO FELLOWSHIP
COMMUNITY CHURCH TO OPERATE A RELIGIOUS ASSEMBLY ON 15.652 ACRES
LOCATED ON RED LANE EXTENSION AT INTERSTATE 81, CATAWBA
MAGISTERIAL DISTRICT
WHEREAS, Fellowship Community Church. has filed a petition for a special use
permit to operate a religious assembly at Red Lane Extension at Interstate 81, (Tax Map
No. 45.02 -1 -15) in the Catawba Magisterial District; and
WHEREAS, the Planning commission held a public hearing on this matter on April 2,
2002; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on March 26, 2002; the second reading and public hearing on this
matter was held on May 14, 2002.
NOW, THEREFORE 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 Fellowship
Community Church to conduct a religious assembly on 1 5.562 acres located on Red Lane
Extension at Interstate 81 (Tax Map No. 45.02- 1 -15), Catawba Magisterial District, and is
substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of
§15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is
hereby approved with the following conditions:
(1) Signage on Red Lane would be monument type only, and if lit at all, will
be lit from the front.
(2) The property be developed in substantial conformity to the Concept plan
dated February 20, 2002, subject to any modifications required during site
plan review - or agreed to by Roanoke County, including requirements related
to buffering and screening the proposed use from adjoining properties.
2. That this action is taken upon the application of Fellowship Community
Church, and with the consent of the owner of this property, the Baptist orphanage of
Virginia.
3. 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.
On motion of Supervisor Church to adopt the ordinance, and carried by the following
recorded vote:
AYES: Supervisors Flora, McNamara, Minnix, Church
ABSENT: Supervisor Nickens
A COPY TESTS:
Brenda J. Holton, CIVIC
Deputy Clerk to the Board of Supervisors
cc: File
Janet Scheid, Chief Planner
Arnold Covey, Director of community Development
Paul Mahoney, County Attorney
z
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, MARCH 25, 2003
ORDINANCE 032503 -15 GRANTING A SPECIAL USE
PERMIT TO FELLOWSHIP COMMUNITY CHURCH TO
CONSTRUCT AND OPERATE A DAYCARE TO BE
LOCATED ON 15.652 ACRES AT RED LANE EXTENSION
AT INTERSTATE 81, BAPTIST CHILDREN'S HOME (TAX
MAP NO. 45.02-1-15), CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Fellowship Community Church has filed a petition for a special use
permit to construct and operate a daycare to be located on 15.652 acres at Red Lane
Extension at Interstate 81 (Tax Map No. 45.02 -1 -15) in the Catawba Magisterial District;
and
WHEREAS, the Planning Commission held a public hearing on this matter on March
4, 2003; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on February 25, 2003; the second reading and public hearing on this
matter was held on March 25, 2003.
NOW, THEREFORE 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 Fellowship
Community Church to construct and operate a daycare to be located on 15.652 acres at
Red Lane Extension at Interstate 81, Baptist Children's Home (Tax Map No. 45.02 -1 -15) in
the Catawba Magisterial District is substantially in accord with the adopted 2000
Community Plan pursuant to the provisions of 1 15.2 -2232 of the 1950 Code of Virginia, as
amended, and said Special Use Permit is hereby approved.
2. That this ordinance shall be in full force and effect thirty (30) days after its
1
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.
On motion of Supervisor Church to adopt the ordinance, and carried by the following
recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
A COPY TESTE:
Diane S. Childers
Clerk to the Board of Supervisors
cc: File
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
William E. Driver, Director, Real Estate valuation
Paul M. Mahoney, County Attorney
PAI
R -1 District Regulations
SEC. 30 -41. R -1 LOW DENSITY RESIDENTIAL DISTRICT.
Sec. 30-41-1. Purpose.
(A) The R -1, low density residential district is established for areas of the county within the
urban service area with existing low- middle density residential development, with an
average density of from one (1) to three (3) units per acre, and land which appears
appropriate for such development. These areas are generally consistent with the
neighborhood conservation land use category as recommended in the comprehensive
plan. In addition, where surrounding development and the level of public services
warrant, these areas coincide with the development category recommended in the plan.
This district is intended to provide the highest degree of protection from potentially
incompatible uses and residential development of a significantly different density, size, or
scale, in order to maintain the health, safety, appearance and overall quality of life of
existing and future neighborhoods. In addition to single- family residences, only uses of a
community nature which are generally deemed compatible are permitted in this district.
This would include parks and playgrounds, schools and other similar neighborhood
activities.
(Ord. No. 042799 -11, § If., 4- 27 -99; Ord. No. 042208 -16, § 1, 4- 22 -08)
Sec. 30 -41 -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
Stable, Private*
2. Residential Uses
Accessory Apartment*
Home Occupation, Type I *
Manufactured Home *
Manufactured Home, Emergency *
Multiple Dog Permit*
Residential Human Care Facility
R -1 District Regulations
Single- Family Dwelling, Detached (For Zero Lot Line Option - *)
Single- Family Dwelling, Attached
Single- Family Dwelling, Attached and Detached (Cluster Subdivision Option - *)
Temporary portable storage containers *
3. Civic Uses
Community Recreation
Park and Ride Facility *
Public Parks and Recreational Areas *
Utility Services, Minor
4. 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
Accessory Apartment *
Alternative Discharging Sewage System
Home Beauty /Barber Salon *
2. Civic Uses
Cemetery *
Crisis Center
Day Care Center *
Educational Facilities, Primary /Secondary *
2
R -1 District Regulations
Family Day Care Home
Religious Assembly *
Utility Services, Major
3. Commercial Uses
Bed and Breakfast *
4. Miscellaneous Uses
Outdoor Gatherings *
(Ord. No. 42793 -20, § II, 4- 27 -93; Ord. No. 62293 -12, §§ 3, 8, 6- 22 -93; Ord. No. 82493 -8, § 2,
8- 24 -93; Ord. No. 62795 -10, 6- 27 -95; Ord. No. 042799 -11, § 2, 4- 27 -99; Ord. No. 042500 -9, §
II, 4- 25 -00; Ord. No. 072605 -7, § 1, 7- 26 -05; Ord. No. 042208 -16, § 1, 4- 22 -08; Ord. No.
052609 -22, § 1, 5- 26 -09; Ord. No. 030811 -1, § 1, 3 -8 -11; Ord. No. 052411 -9, § 1, 5- 24 -11)
See. 30 -41 -3. Site Development Regulations.
General Standards. For additional, modified, or more stringent standards for specific uses, see
Article IV, Use and Design Standards.
(A) Minimum lot requirements.
1. All lots served by private well and sewage disposal systems:
a. Area: 0.75 acre (32,670 square feet).
b. Frontage: 90 feet on a publicly owned and maintained street.
2. Lots served by either public sewer or water:
a. Area: 20,000 square feet.
b. Frontage: 75 feet on a publicly owned and maintained street.
3. All lots served by both public sewer and water:
a. Area: 7,200 square feet.
b. Frontage: 60 feet on a publicly owned and maintained street.
(B) Minimum setback requirements.
3
R -I District Regulations
1. Front yard:
a. Principal structures: 30 feet.
b. Accessory structures: Behind the front building line.
2. Side yard:
a. Principal structures: 10 feet.
b. Accessory structures: 10 feet behind front building line or 3 feet behind
rear building line.
3. Rear yard:
a. Principal structures: 25 feet.
b. Accessory structures: 3 feet.
4. Where a lot fronts on more than one street, front yard setbacks shall apply to all
streets.
(C) Maximum height of structures.
1. Height limitations:
a. Principal structures: 45 feet.
b. Accessory structures: 15 feet, or 25 feet provided they comply with the
setback requirements for principal structures.
(D) Maximum coverage.
1. Building coverage: 30 percent of the total lot area for all buildings and 7 percent
for accessory buildings.
2. Lot coverage: 50 percent of the total lot area.
(Ord. No. 62293 -12, § 10, 6- 22 -93; Ord. No. 42694 -12, § 8, 4- 26 -94; Ord. No. 042208 -16, § 1
4- 22 -08)
11
Use & Design Standards — Civic Uses
See. 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 (3 0)
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 G2 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)
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25
ORDINANCE GRANTING A SPECIAL USE PERMIT FOR RELIGIOUS
ASSEMBLY TO CONSTRUCT AN OVERFLOW PARKING LOT ON A
0.412 ACRE LOCATED AT 1230 RED LANE EXTENSION (TAX MAP
NO. 45.02 -2 -11) CATAWBA MAGISTERIAL DISTRICT, UPON THE
PETITION OF FELLOWSHIP COMMUNITY CHURCH
WHEREAS, Fellowship Community Church has filed a petition for a special use
permit for religious assembly to construct an overflow parking lot to be located at 1230
Red Lane Extension (Tax Map No. 45.02 -2 -11) in the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
June 4, 2013; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on May 28, 2013; the second reading and public hearing on this
matter was held on June 25, 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 Fellowship
Community Church for religious assembly to construct an overflow parking lot on 0.412
acre located at 1230 Red Lane Extension in the Catawba 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
conditions:
Page 1 of 2
a) The site shall be developed in general conformance with the
concept plan dated March 28, 2013, and prepared by Hughes &
Associates.
b) The parking or storage of church vans or busses shall be
prohibited.
c) No light poles or lighting fixtures shall be installed within the parking
lot.
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 of
H -3
PETITIONER: Carol Lachowicz of L &H Company
CASE NUMBER: 12- 06/2013
Board of Supervisors Consent 1 St Reading Date: May 28, 2013
Planning Commission Hearing Date: June 4, 2013
Board of Supervisors Hearing & 2 nd Reading Date: June 25, 2013
A. REQUEST
To obtain a Special Use Permit in a AV, Agricultural/Village Center, District for
the operation of automobile repair services, minor, on approximately 4.476 acres,
located at 8364 Bent Mountain Road, Windsor Hills Magisterial District.
B. CITIZEN COMMENTS
Two citizens spoke on this petition:
1. Edward G. (Ned) Hayes, 7620 Countrywood Drive. Mr. Hayes did not have
an issue with the business but he did not agree with the condition expanding
the hours of operation past the stated operating hours, he asked that the
vehicles be screened from the neighborhood instead of from Bent Mountain
Road and he requested a limit on the number of vehicles allowed on the site.
2. Bill Turner, 7529 Countrywood Drive. Mr. Turner can see the business from
his home and he stated that it is an excellent neighbor. He said a screening
fence will not block the view of vehicles from his home.
C. SUMMARY OF COMMISSION DISCUSSION
Megan Cronise presented the staff report. Commissioners discussed the location
of screening for vehicles, types of screening allowed and considered, hours of
operation, possibility of locating vehicles behind the barn, VDOT sight distance
comments and anticipated trip generation for the business.
D. CONDITIONS
1. The freestanding sign shall not exceed 10 square feet in size and six feet in
overall height.
2. Hours of operation shall be from 8 a.m. to 7 p.m. Monday through Saturday.
3. Any vehicle on site for more than 24 hours shall be screened from view from
Bent Mountain Road.
4. The use shall be limited to the structure located at 8364 Bent Mountain Road
and the large graveled area outside of the building as shown on the concept
plan.
E. COMMISSION ACTION
Mr. Woltz made a motion to recommend approval of the petition with four
conditions. The motion passed 4 -1.
Page 1 of 2
H -3
F. DISSENTING PERSPECTIVE
Mr. Marrano voted against the motion because he believed all vehicles could be
stored behind the building.
G. ATTACHMENTS: X Concept Plan X Vicinity Map
X Staff Report X Other
Philip Thompson, Secretary
Roanoke County Planning Commission
Page of
STAFF REPORT
_140
Petitioner /Owner: Carol Lachowicz of L &H Company
Request:
Obtain a Special Use Permit in an AV, Agricultural/Village Center, District for the operation of automobile repair services, minor on approximately 4.476 acres.
Location: 8364 and 8346 Bent Mountain Road
Magisterial District: Windsor Hills
Suggested Conditions: None
EXECUTIVE SUMMARY:
Carol Lachowicz, on behalf of L &H Company, requests a special use permit to operate automobile repair services,
minor, in an AV, Agricultural /Village Center, zoning district. The request encompasses the AV portion of her
property which measures 4.476 acres. Two structures are located within this zoning designation:
1. 8364 Bent Mountain Road is a large, barn -like structure constructed of wood and metal that has been used
as a storage area for contractor's equipment and as a church. The building was rezoned in 2011 from AG-
3, Agricultural /Rural Preserve, to AV, Agricultural /Village Center, to allow for the structure to be leased for
low- intensity business uses appropriate for the area.
2. 8346 Bent Mountain Road is a brick structure that was previously used as a beauty salon. The building was
rezoned in 2011 from C -2C, General Commercial with Conditions, to AV, Agricultural /Village Center. The
structure is currently being used as a residence and will not be used for the automobile repair business.
The property was rezoned in 2011 to remedy several nonconforming uses. The land subject to the special use
permit request is designated Rura Preserve on the Roanoke County Future Land Use Map.
APPLICABLE REGULATIONS I T N I I M I
According to the Roanoke County Zoning Ordinance the AV, Agricultural /Village Center District includes areas that
serve as the focal point for cultural and commercial activity of the rural service areas of the county in accordance
with the Village Center Future Land Use designation.
The Zoning Ordinance lists the definition of automobile repair services, minor as, "Repair of automobiles,
noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation,
and servicing of equipment and parts. Typical uses include tire sales and installation, wheel and brake shops, oil
and lubrication services and similar repair and service activities where minor repairs and routine maintenance are
conducted."
Automobile repair services, minor, are permitted in the AV, Agricultural /Village Center District with a special use
permit and meeting the following use and design standards:
1. Exterior display or storage of new or used automobile parts is prohibited.
2. Equipment and vehicles stored overnight on the premises shall be behind the front building line or at least
thirty -five (35) feet from the public right -of -way, whichever is greater.
3. When adjoining a residential use type, a Type C buffer yard in accordance with Section 30 -92 shall be
provided along the property line which adjoins the residential use type.
4. The site shall front directly on and have direct access to a publicly owned and maintained street.
Roanoke County approval is required for site development and building plans. No changes to the building or to the
site are currently proposed.
Virginia Department of Transportation (VDOT) approval is required for a commercial entrance permit.
ANALYSIS OF EXISTING CONDITIONS
Background
The subject parcel measures 65.13 acres and includes four buildings. Two homes are located along Strawberry
Lane (8338 and 8356) and are zoned AG -3, Agricultural /Rural Preserve. Another home (8346) and the wood -and-
metal structure (8364) are addressed along Bent Mountain Road and are both zoned AV, Agricultural /Village Center.
8364 Bent Mountain Road (Barn -like wood and metal structure)
The barn -like structure constructed of wood and metal was rezoned from A -1 to M -2C in 1982 for use as a storage
area for contractors' equipment. In 1992 the building was rezoned from M -2C back to A -1 for use as a church for
Back Creek Baptist Fellowship. Shortly thereafter, the Comprehensive Rezoning changed the zoning to AG -3,
Agricultural /Rural Preserve District, and it was rezoned to AV, Agricultural /Village Center in 2011. Melvin Jackson
wishes to lease the building for automobile repair services, minor, which is permitted in the AV district with a special
use permit.
8346 Bent Mountain Road (Brick structure)
This brick structure may have been constructed in 1940 as a residence. In 1983 the structure and one -half acre was
rezoned from A -1 to B -2C for use as a beauty salon. The Comprehensive Rezoning in 1992 changed the zoning to
C -2C, General Commercial District, and it was rezoned to AV, Agricultural /Village Center in 2011. The structure is
currently used as a residence which is a permitted use in the AV district.
Topography/Watercourse
The existing topography of the parcel varies significantly in elevation. The entrance to the property at Bent Mountain
Road and Strawberry Lane sits at 1,742 feet. The elevation gradually drops to the south and east to a stream that
runs across the property behind the AV structures. The stream runs across Strawberry Lane. The lowest elevation
measured at the stream is 1,628 feet. From the stream bed, the property rises up Bent Mountain to a top elevation
at Bent Mountain Road of 2,430 feet for a difference of 802 feet.
The acreage being considered for the special use permit is fairly level where the existing structures are located
along Bent Mountain Road.
Vegetation
The land being considered for the special use permit is generally open space with some trees. A small apple
orchard is located behind 8346 Bent Mountain Road as the land slopes towards the creek and heavier vegetation
surrounds the creek. The remainder of the property climbing Bent Mountain is heavily wooded.
Surrounding Neighborhood
Properties to the north on the opposite side of Bent Mountain Road along Countrywood Drive are zoned AR,
Agricultural Residential, and contain single - family dwellings. Properties to the west and south (climbing Bent
Mountain) are large and small parcels with single - family residences zoned AG -3, Agricultural /Rural Preserve.
Adjacent lands also containing single - family residential dwellings to the east are zoned AR, Agricultural Residential,
along the frontage of Bent Mountain Road, and AG -3, Agricultural /Rural Preserve, as the properties climb Bent
Mountain.
ANALYSIS OF PROPOSED DEVELOPMENT
Site Lam
The site layout submitted shows the barn /metal building and the brick house in the AV zoning district, the driveway
that serves both structures and Strawberry Lane, a private road. No physical changes to the barn /metal building or
to the site are proposed at this time.
2
Two additional residential structures zoned AG -3, Agricultural /Rural Preserve, are located along Strawberry Lane.
These structures are not included in the special use permit application.
The proposed business will occupy 2,500 square feet of the barn /metal building with two repair bays. Hours of
operation are proposed from 8 a.m. to 5 p.m., five days per week with the tenant as the only employee. An existing
freestanding sign near the commercial entrance measuring three square feet would be utilized for business signage.
The tenant has agreed to comply with the use and design standards pertaining to outdoor storage of car parts and
vehicle storage location. The Type C buffer required against residential use types is satisfied with existing
vegetation and the structure has direct access to Bent Mountain Road.
Access /Traffic Circulation
The subject parcel is accessed by two entrances off of Bent Mountain Road. The eastern entrance, Strawberry
Lane, is narrower and is designated as a private road. Strawberry Lane serves the residential structures on the
property as well as the residence at 8399 Strawberry Lane on an adjacent parcel. The western entrance is closer to
the larger, barn -like structure, is wider and is unnamed.
Virginia Department of Transportation comments pertained to the provision of adequate sight distance for the
proposed use. The proposed business is anticipated to generate less than 50 trips per day. Utilizing this volume for
analysis, VDOT sight distance requirements are met to the left of the entrance (520 feet) without any changes. The
sight distance requirements to the right of the entrance (469 feet) are proposed to be satisfied by cutting down
several trees on Ms. Lachowicz's property and within the right -of -way. A permanent sight distance easement for the
cleared area must be recorded along with a maintenance agreement prior to issuance of a commercial entrance
permit.
Utilities
The parcel is currently served by private wells and septic systems. No comments or concerns were raised by the
Western Virginia Water Authority.
Fire & Rescue
The Roanoke County Fire Marshal stated that if a change of use is required by the Building Commissioner then fire
protection for the facility would need to be addressed with proper fire flow and water source. The Building
Commissioner did not submit any comments on this application. Other comments from the Fire Marshal include,
"The business would be subject to routine fire inspections and would need to be inspected to assure that the facility
is in compliance with the Statewide Fire Prevention Code."
Economic Development
The Roanoke County Department of Economic Development offered no objections on the proposed special use
permit application, "assuming the proposed use is deemed compatible with the adjacent land use."
CONFORMANCE WITH ROANOKE COUNTY COMPREHENSIVE PLAN
The Future Land Use Map designates the subject 4.476 acres as Rural Preserve. This designation applies to
mostly undeveloped, outlying lands that are rural, generally stable and require a high degree of protection to
preserve agricultural, forestal, recreational and remote rural residential areas. The rural residential uses currently in
operation on the property are in conformance with the Rural Preserve designation. Agricultural services that support
agricultural production, veterinary services, landscape and horticultural care as well as rural institutional uses such
as religious assembly facilities and clubs are also appropriate for this designation.
The Rural Village designation is located immediately to the east of the property along the Bent Mountain Road
frontage as well as to the north across Bent Mountain Road. This designation refers to areas where limited
development activity has historically occurred and where suburban or urban development patterns are discouraged.
3
These rural community and farming areas are generally in between intense suburban development and
Conservation and Rural Preserve areas. In addition to the uses permitted in the Rural Preserve designation the
Rural Village classification allows small -scale commercial uses such as personal services and retail convenience
stores that serve the local community.
The proposed automotive repair services, minor, would provide a service to the local community on a small scale, in
conformance with the adjacent Rural Village designation. Additionally, by utilizing an existing structure and making
no site changes, this rural residential and forestal parcel is being protected in accordance with its Rural Preserve
designation.
STAFF C ONCLUSIONS AN& AMftP
The 2011 rezoning of this land to AV was intended to permit the barn -like structure to be utilized for limited
commercial or institutional uses, as it had been in the past. The proposed use would be a limited commercial use
serving the local community which meets the criteria of the adjacent Rural Village future land use designation. The
property is being protected without changes to the building or the site, in conformance with the Rural Preserve future
land use designation.
CASE NUMBER: 12- 6/2013
PREPARED BY: Megan Cronise
HEARING DATES: PC: 6/4/13 BOS: 6/25/13
ATTACHMENTS: Rezoning Application Materials
Zoning Map
Future Land Use Map
Aerial Photograph
VDOT Letter, dated May 1, 2013
Proposed Sight Distance exhibit, dated May 14, 2013
VDOT Letter, dated May 21, 2013
AV, Agricultural /Village Center District
11
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/Z, r f W e Fax No.:
Owner',, narne/address w/zip Phone
7-0--'M 'A 61'A0rL'01_-q .44 e4Ve ailti -z- Work:
16 r cs- a,", t_j4i;- I-Aprj Fax No, 4--
Propert Location
Z3 6 V
lea g isteriial District: 1-6/1 �OIPV TISO I ts
l -
Communit Pannin area: e'-' I ele e ?"L
Tax Map N q y 16)0 6 .— Ok j o
Existin Zoniiin
Size of parcel(s): Acres: q0
Exis tin g and U se: 14 L 37D 6! &E
REZONING, SPEXIAL VSE PLRMIT, WAIVERAND COMP PLAN ( ts.2_22j2 ) REHEIV APPL.ICANTS (RPS_1W/CP)
I'l-O /_,011i112-
Docs the pail cel niecE the ni-Inimimi lot area, width, and fronta r oft a re district?
Yes �' No ' IF N09 A VARIANCE. I S REQUIRED FIRST.
Does the parcel ineet the minlimum criteria for the re Use T Yes No
IF N0 A VARIANCE IS REQUIRED FIRST
If rezonin re are conditions bein proMred with this re Yes L! N o,
VARIA CE- WAI VER AND A PHINIS TRA T1 VE A PPEA L A, PPLICA,NO'S (VIWIAA)
AR HL Ab
Vai-'Iance/Waiv��rof,Sectiioti(s) of the Roanoke Count Zonin Ordinaric
O
d A
Appeal of Zonin Aministratur"s decision to
Appeal of Interpretation of Section of tile Roanoke Count Zonin Ordinance
Appeal of Interpretation of Zonin Map to
Is the application complete? Please clieckif cnclosed. APPLICATION W1 I of NOT HE ACCE
ARE MISSING OR INCOMPLETE.
WSAMP WAA
R/SAV/CP VIAA
8 1/2 11 x I I" concept plan.
RJSAV/CP V/AA Xcr'q�v
Application
i g
Applir,ation
Metes and bound
Proffers, if applica n
Juc-ti t"Ication
Water and seiver application
Adjoinin property owners
I h e reb cerl I F t eat I am ei ther I hu o-wncr o f The properlyeor the owner" f � M erit or cc ntract pure Imer and a m act i a with the kno v led and consent
f the owner.
Owner's S i
N
JUS7,11FICATION FOR REZONING.SPECIAL USE P WAIVER OR, COMP PLAN (15.2-2232) REVUW'
RE
Applicant e Ili � X
The Planruin Commission will stud rez ollitig , special U-se permit waiver or cominunit plan ( 15.2-2232 ) review rc to
deterniine the need and jLLstification for the chan u-i term of public health, Safet and g eneral welfare. Please answer ft
fo 11 o1win q uesti on a -.9 thorou as po sslb le. Use a ddi I i on al space i f necesck-tr
Please explain how the -re furthers the p of the lZoanoke Comt Ordinance as Nvell as the P uTpose found at the
beginnin of the applicable zonin district classification, in. the Zonin Ordinance.
/PAC Z:�-- Xea
O E) .
14
44- - 1,0/ 7 r 77 eJ
1)1 ease explain how the project conforins to the g eneral g uidelines and. policies contained ni the koarok-c Count Communit
Plan.
e)"1
kAl
Please desch - be (he ini of the re on the P ropert y itself, the adjoinin pro perlies, and the surroundin area, as N 1 as
thy:. m acts an 1 )kiblic services and facilities,, includ-m' %vaterlsevver, roads, schools W ks/recre .ti onand f= =d rescue.
I r -
A)N�,� e>)J 7 /J
7�
9
CONCEPT PLAN CHECKLIST
A concept plan of the proposed pro cct must be submitted with the app I ication. Th e conc ept plan sha I I g raph ical l depict the
land use chan development or variance that is to be considered. Further, the plan shall address an potential land use or
desi issues arisin from the re III SUch cases ii,ivolvin rezonin the applicant ma proffer conditions to limit the fixture
use and development of the propert and b so doin correct an deficiencies that ma not be mana b Count pertnittin
re
I be concept plan should not be confused with the site plan or plot plan that is re prior to the issuance of a buildin permit.
Site plan and buildin permit procedures ensure, compliaticc with State and Count development re and ma re
chan to the initial concept plan. Unless I imitin conditions are proffered and accepted in a rezonin or imposed on a special
use permit or variance, the concept plan ma be altered to the extent perriiined b the zonin district and other re g ulations.
A concept plan is re with all re7onin special use permit, waiver, communit plan (15.2-22.32) review and variancc
applications. The plan should be prepared b a professional site planner. 'Tie level of detail ma var dependin on the nature
of the re The Count Plannin Division staff ma exempt some of the items or su the addition ofextra items,. but the
— followin nsidered minimum:
ALL APPLICANTS
a. Applicant name and name of development
b. Date-, scale and north anow
c. Lot size in acres or s feet and dimensions
d. Location, names of owners and Roanoke Count tax map numbers of adjoinin properties
e. Ph features such as g round cover, natural watercourses, floodplain, etc.
f 1-hezonin and land use of all ad anent properties
g . All propert lines and easements
h. All buildin existin and proposed, and dimensions, floor area and hei
i. Location, widths and narties of al I existin or planed streets or other public wa within or ad to the development
J. Dimensions and locations of all drivewa parkin spaces and loadin spaces
Additional inforina-tion re q uiredfor REZ01VING andSPECL4L USE PE&VITAPPLICANTS
k. Existin utilities (water, sewer, stoma drains and connections at the site
1. An drivewa entrances /exits, curb openin and crossovers
m. Topo map in a suitable scale and contour intervals
n. Approximate street g rades and site distances at intersections
o. Locations of all adjacent fire h
p. An proffered conditions at the site and how the are addressed
q . If project is to be phased, please show pie schedule
I c 1-- 1 L, 6 A that all items re in the checklist above are, complete.
41
Si of applicant Date
Z
Communit Development Plannin & Zonin Divis,ion
No's #w "o ApPiACA T' FOR RI :ZO IN ,,, SUBDIVISION W r,. , Pum.ic SIB '
t.
WAIVER, OR SPECIAL USE PERMIT M-rITION
PLANNIN(I (()"%'Vv11S.!,'00N APixt-x-A-rioN AcCEPTANCF. PROCEDURE
tfie Romok,cCount I'Lamilito Commission reservcs the ri continue Li Rczonin Subd-tvision Waiver.
Y C -
I'lublic Street Waiver or Spec ial Use Perinit petition if new or additional inform Aritioll is presented at the public
licarin If it is the opinion of the majo6it of the Plannin Commissioners present at theselledulcd public
hearin that sufficivia time was not available fl or plannin stall' and/or an OLItside referral a w
ade aunt an pr vi written commentsand su the new oradditional lill'umiation prior
to thle schedultt d public hcarin the to Plannin Commission ma vote to confinue the petition. This
contintiance shall, alliow sufficient time for all necessary reviewin parties to evaluate the new or additional
information and provide written cornmentsand su to be included in ritten memoran&M b
plannin staff to the Plannin Commission. The Nannin Commission shall cons-L111 W1111
determine if a. continuance nin be warr.-inted.
.0
POTENTIAL oF NEED FO [Z'rl*'R A F v i c ANA I � YSES AN DA) 1k TRA F F IC I MPACTSm DY
The Roanoke Count Piamin Cornims-sion reserves (lie Sri lit to colthlitle a Rezonin Subdivision Waiver,
Publ ic Street Wai ver, or Spec-1 al Vsc Permit P et i ti on il'the Count TraMc Ln or staff from i,he Vir
-W -
Department ol'Transportation re I'Lirthei' traffic anal and/or a trail-it: impact stud that would be
A
benel'iciall in ma kin a land use Lkxislon (N otel• 17 Ust of potenihi l Itind uses- and slitanim w
i8 thai oulcl
)Fideti try part '0 1" r P acka g e).
necessittitefin-ther sinti), is fs. appl to
r , 11ro
Th-is continuance shal al low sufficicnt t i me f6r al I necessar review ing parfies to evaluate the re raffic
Ln t
anal and/or traffic impact stud and to provide written cornnientsand/or sug
g estions to the, plannin staff
and ilic H annin Commission. If a enntinuance is warrant.cd, the applicant will be notified ofthe confinUance
and the ne%vl scheduled public hearin date.
EffecHve a1zlet April 19
,200S
Name of ftfltion
Peotionees ss9nm6A-
New AV Zoned Parcel Infi.wmation
The followin is the description for the 4.476 acre parcel to be rezoned AV. The description is as
follows:
BEGMING at corner #I said point bein the northeasterl comer of propert of Jason T. and Karen I
Lachowicz (Instrument 42005,02264 said point also located on the southerl ri of Bent
Mountain Road (US Rt. 221) thence leavin Lachowicz and with Bent Mountain Road, for the followin 5
courses thence N 77' 05' 50" E 225.90' to comer #2; thence with the curve to the ri with said curve
defincd b delta an of 161 1 V I I ", radius of 334.26', an arc of 94.43', a chord of 94.12" and bearin
N 85' 11' 25" E to comer #3; thence S 117" 54' 2711 W 6.64' to comer 4 thence S 86' 57' 54"' E 18.66" to
comer #5- thence S 83' 28' 30" E 89.37' to comer #6 thence S 70' 2W "' F 91.86' to comer #7- thence
leavin Bent Mountain Road and with a new division line throu thepTOpert of L & H Compan
(D. B. 1174 PG. 178 S 3 50 53 5 10" W 619.74' to comer 43 7 said point located on the eastern boundar of
Jason T. and Karen J. Lachowicz thence leavin remainin propert of L & H Compan and with
Lachowicz for the followin two courses thence N 64' 27' 33" W 250.401 to comer #38 thence
2 V O " E 411.27' to comer 41 the place of BEGINNTNG and containin 4.476 acres and bein parcel
"BI" as more particularl shown on plat prepared b Lurnsden Associates dated March 30, 2011,
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CO1`YlLON J 1.sAL TH of VIR�jIJLA
DEPARTMENT OF TRANSPORTATION
PO BOX 3071
GREGORY A. WHIRLEY SALEM, VA 24153-0560
COMMISSIONER
Ma 1, 2013
Ms. Me Cronise
Roanoke Count Communit Development Department
P. 0. Box 29800
Roanoke, VA 24018
RE: Special Use — AV-S
Roanoke Count
Carol Lachowicz
Proposed Land Use — Automobile Repair Services - Minor
Route 221 — 8364 Bent Mountain Rd
Dear Ms. Cron se:
We have reviewed the above mentioned special use re and have the followin comments:
1. The proposed development will potentiall g enerate more traffic than the existin parcel
as it currentl exists.
2. The location of the existin entrwice does not meet the re set forth in the
V Road Desi Manual Appendix F: Access Mana Desi Standards for
Entrances and Intersections due to its close proximit to Countr Drive. If the
entrance Wi 11 g enerate 50 or more trips per da m
, an access ana exception must be
submitted to the Department for review if an entrance location cannot be established that
does meet the re A trip g eneration anal should be prepared and submitted
to the Department for review.
3. The posted speed limit on this section of Route 221 (Bent Mountain Road) is 55 MPH.
The minimum re intersection si distance is 610 feet. Intersection si distance
to the ri is inade Due to this limited si distance, the existin entrance does
not meet current VD OT standards for a standard commercial entrance. If the entrance
will g enerate at least 50 trips per da it must be relocated to meet these re If
the entrance will g enerate less than 50 trips per da the entrance will onl be re to
B eet stoppin si distance which is 520 feet to the left wad 469 feet to the ri Si
distance from the existin entrance must be field verified b the applicant's surve or
en and submitted to the Department for review.
4. If deemed necessar an re improvements to the adjacent roadwa will be the
sole responsibilit of the developer.
wwwMir
We Keep Vir Moving
Ms. Me Cronise
Ma 1, 2013
Pa 2 of 2
5. A Land Use Permit will be re for an proposed construction within VDOT ri
of-wa Information re an chan to the existin draina s should also
be included for review.
Should y ou have an q uestions, please do not hesitate to call. Thank y ou.
Sincerel
Brian K. Blevins, P.E.
Area Land Use En
VDOT, Salem District Transportation and Land Use
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COMMU" NWEALTH of VIRC
DEPARTMENT OF TRANSPORTATION
PO BOX 3071
GREGORY A. WHIRLEY SALEM, VA 24153 -0560
coMnnIssroNER
May 21, 201
Ms. Megan Cronise
Roanoke e Cou .ty Community Development Department
P. 0. Box Zoo
Roanoke, VA. 2401
RE: Special Use — AV-S
Roanoke Count
Carol Lachowie
Proposed Land Use — Automobile Repair Services - Minor
Route 221 — 8364 Bent Mountain Rd
]dear Ms. Cronies
We have reviewed the above mentioned special use request and have the following comment:
Based on the additional information submitted, it appears the proposed access can be classified
as a low - volume commercial entrance. Also, the plans appear to depict that adequate stopping
site distance can be achieved with removal of existing vegetation along Route 22 1. A plat
depicting a permanent site distance easement which encompasses the entire area required to be
cleared to meet the stopping site distance requirements must be prepared along with a
maintenance agreement. The permit for the commercial entrance will not he released until this
easement is recorded and submitted to the Department.
Should you have any questions, please do not hesitate to call¢ Thank you..
Sincerely,
Brian K. Blevins, P.E.
Area Land Use Engineer
VD OT,, Salem District Tra. sp i tation and Land Use
jd
www.Virginiadot.or
We Keep Virginia loving
ARTICLE III. - DISTRICT REGULATIONS Page 1 of 4
SEC. 30 -36. - AV AGRICULTURAL/VILLAGE CENTER DISTRICT.
Sec. 30 -36 -1. - Purpose. .
(A) The purpose of the AV, agricultural /village center district is to establish areas which will serve
as the focal point for cultural and commercial activity of the rural service areas of the county,
as envisioned in the comprehensive plan land use category of the same name. The density
recommended for these areas is intended to average between one (1) and three (3) units per
acre. Small country stores, family restaurants, and similar small service and personal service
businesses, in addition to public and institutional buildings such as schools, post offices and
places of religious assembly, are commonly found at these crossroad locations. These areas
bring a sense of community to the surrounding rural areas, with an emphasis on providing
the essential goods and services to rural residents, but are not intended as employment
destinations for urban residents. New development should therefore be carefully considered
for its compatibility with the surrounding development and the purpose and intent of this
district. Any expansion of these areas should be contiguous to existing village center areas
to avoid leap -frog commercial development. Similarly additional development may warrant
additional public services, such as community sewer and water systems.
(Ord. No. 042799 -11, §§ If, 2, 4- 27 -99; Ord. No. 042208 -16, § 1, 4- 22 -08)
Sec. 30 -36 -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 *
Stable, Private
Wayside Stand *
2. Residential Uses
Accessory Apartment *
Home Beauty /Barber Salon
Home Occupation, Type
Manufactured Home *
Manufactured Home, Emergency *
Multiple Dog Permit *
Residential Human Care Facility
Single - Family Dwelling, Attached *
Single - Family Dwelling, Detached
Temporary portable storage containers
Two - Family Dwelling
3. Civic Uses
Administrative Services
Clubs *
Community Recreation
5/20/2013
ARTICLE III. - DISTRICT REGULATIONS Page 2 of 4
Cultural Services
Day Care Center
Educational Facilities, Primary /Secondary
Family Day Care Home
Park and Ride Facility
Post Office
Public Parks and Recreational Areas
Safety Services *
Utility Services, Minor
4. Office Uses
Financial Institutions
General Office
Medical Office
5. Commercial Uses
Antique Shops *
Bed and Breakfast
Consumer Repair Services
Personal Improvement Services
Personal Services
Restaurant, General
Studio, Fine Arts
Veterinary Hospital /Clinic
6. 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 Agricultural and Forestry Uses
Stable, Commercial
2. Residential Uses
Alternative Discharging Sewage Systems
Multi- family Dwelling
Townhouse
3. Civic Uses
Adult Care Residences
Cemetery *
Crisis Center
Halfway House
Life Care Facility
Nursing Home
Religious Assembly
Utility Services, Major
5/20/2013
ARTICLE III. - DISTRICT REGULATIONS Page 3 of 4
4. Commercial Uses
Agricultural Services
Automobile Repair Services, Minor
Automobile Parts /Supply, Retail *
Boarding House
Clinic *
Convenience Store
Fuel Center*
Funeral Services
Garden Center *
Gasoline Station
Kennel, Commercial
Restaurant, Drive In or Fast Food
Restaurant, General
5. Industrial Uses
Construction Yards
Custom Manufacturing
Recycling Centers and Stations
6. Miscellaneous Uses
Outdoor Gatherings
(Ord. No. 42793 -20, § fl, 4- 27 -93; Ord. No. 82493 -8, § 2, 8- 24 -93; Ord. No. 62795 -10, 6- 27 -95; Ord. No. 042799 -11,
§ 2, 4- 27 -99; Ord. No. 072605 -7, § 1, 7- 26 -05; Ord. No. 042208 -16, § 1, 4- 22 -08; Ord. No. 052609 -22, § 1, 5- 26 -09;
Ord. No. 030811 -1, § 1, 3 -8 -11; Ord. No. 052411 -9, § 1, 5- 24 -11)
Sec. 30 -36 -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: 25,000 square feet
b. Frontage: 85 feet on a publicly owned and maintained street.
2 . Lots served by either public sewer or water:
a. Area: 20,000 square feet
b. Frontage: 75 feet on a publicly owned and maintained street.
3. Lots served by both public sewer and water:
a. Area: 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: 35 feet.
b. Accessory structures: Behind the front building line.
2.
5/20/2013
ARTICLE III. - DISTRICT REGULATIONS
Page 4 of 4
Side yard:
a. Principal structures: 10 feet
b. Accessory structures: 10 feet behind front building line or 3 feet behind rear
building line.
3. Rear yard:
a. Principal structures: 25 feet
b. Accessory structures: 3 feet
4. Where a lot fronts on more than one street, front yard setbacks shall apply to all
streets.
(C) Maximum height of structures.
1. All structures: 45 feet
(D) Maximum coverage.
1. Building coverage: 30 percent of the total lot area.
2 . Lot coverage: 75 percent of the total lot area.
(Ord. No. 62293 -12, § 10, 6- 22 -93)
5/20/2013
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25
ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE
OPERATION OF AUTOMOBILE REPAIR SERVICES, MINOR, ON
APPROXIMATELY 4.476 ACRES LOCATED AT 8364 BENT
MOUNTAIN ROAD (PART OF TAX MAP NO. 94.00- 01 -58) WINDSOR
HILLS MAGISTERIAL DISTRICT, UPON THE PETITION OF CAROL
LACHOWICZ OF L &H COMPANY
WHEREAS, Carol Lachowicz of L &H Company has filed a petition for a special
use permit for the operation of automobile repair services, minor, to be located at 8364
Bent Mountain Road (Part of Tax Map No. 94.00- 01 -58) in the Windsor Hills Magisterial
District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
June 4, 2013; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on May 28, 2013; the second reading and public hearing on this
matter was held on June 25, 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 Carol
Lachowicz of L &H Company for the operation of automobile repair services, minor, on
4.473 acres located at 8364 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
Page 1 of 2
neighborhood or community and said special use permit is hereby approved with the
following conditions:
a) The freestanding sign shall not exceed ten (10) square feet in size and six (6)
feet in overall height.
b) Hours of operation shall be from 8 a.m. to 7 p.m. Monday through Saturday.
c) Any vehicle on site for more than twenty -four (24) hours shall be screened
from view from Bent Mountain Road.
d) The use shall be limited to the structure located at 8364 Bent Mountain Road
and the large graveled area outside of the building as shown on the concept
plan.
2. That said real estate is more fully described on Exhibit A, which is a two-
page exhibit containing a metes and bounds description and map of the real estate
prepared by Lumsden Associates, P.C. dated March 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 of
Exhibit A — June 25, 2013 — Special Use Permit
Containing 4.476 acres
Beginning at corner #1 said point being the northeasterly corner of property of Jason T. and
Karen J. Lachowicz (instrument #206502264) said point also located on the southerly right -
of -way of Bent Mountain Road (US Rt. 221) thence leaving Lachowicz and with Bent
Mountain Road for the following 5 courses: thence N 77 05' 50" E 225.90 feet to corner #2,
thence with the curve to the right with said curve defined by delta angle of 16 11' 11 ", radius
of 334.26', and arc of 94.43', a chord of 94.12' and bearing N 85 11' 25" E to corner #3;
thence S 17° 54' 27" W 6.64 feet to corner #4; thence S 86° 57' 54" E 18.66 feet to corner
#5; thence S 83 28' 30 E 89.37 feet to corner #6; thence S 70 29' 22" E 91.86 fee to
corner #7; thence leaving Bent Mountain Road and with a new division line through the
property of L &H Company (DB 1174 pg. 178) S 35° 53' 10" W 639.74 feet to corner #37
said point located on the eastern boundary of Jason T. and Karen J. Lachowicz, thence
leaving remaining property of L &H Company and with Lachowicz for the following two
courses: thence N. 64 27'33" W 250.40 feet to corner #38, thence N 13 21'00" E 411.27
feet to corner #1, being the place of Beginning.
Exhibit A — June 25 2013 — Special Use Permit
jld l0 " $Mp•�odwooIF90tr \IDUO \iF901k \Iloe \ebulmvjp \:M
� 0 0 EVA
PETITIONER: Pelewoo Properties LLC
CASE NUMBER: 13- 06/2013
Board of Supervisors Consent 1 Reading Date: May 28, 2013
Planning Commission Hearing Date: June 4, 2013
Board of Supervisors Hearing & 2 Reading Date: June 25, 2013
A. REQUEST
To obtain a Special Use Permit in a C -2C, General Commercial, District with
Conditions for the purpose of operating a used automobile dealership on a 1.57
acres
B. CITIZEN COMMENTS
No citizens spoke on this petition.
C. SUMMARY OF COMMISSION DISCUSSION
Tara Pattisall presented the staff report. A representative for petitioner was
present to answer questions. Mr. Jarrell made a statement regarding the delivery
of vehicles at the other First Team locations and how such delivery occurs in the
middle of Peters Creek Road, which he feels is unsafe. Mr. Thompson
responded that zoning conditions for this petition will not be unable to restrict this
activity as it is conducted in a public road.
D. CONDITIONS (EXISTING)
1. Within that portion of tract 27.10 -5 -13 that has been described on a
concept plan prepared by Motley and Associates and submitted with the
rezoning application, only dusk -to -dawn lights for security purposes will be
installed.
2. All non - security light pole fixtures shall not exceed 20 feet.
3. To provide for additional screening, a 6 -foot fence beginning at the
northwest corner of the tract 27.10 -5 -13 and continuing south for 140 ft. as
well as an extra 10 ft. of a 4 -foot fence will be installed. Additionally, low
ground cover of 2 -3 feet in height along the outside of said fence will be
planted beginning at the buffer yard and continuing until the entrance of
Deer Branch Road. The finished side of the fence will be oriented toward
the road.
4. No exterior speakers will be included in the development of this property.
5. At the corner of Deer Branch Road and Peters Creek Road, the display of
vehicles will be done in such a way as not to obstruct the view of drivers
entering onto Peters Creek Road from Deer Branch Road.
6. The delivery of vehicles shall not occur between the hours of 7 p.m. and 7
a.m. unless this process takes place on tract 27.10- 5 -12.
Page 1 of 2
� 0 0 EVA
7. A convenience store will not be constructed on tract 27.10 -5 -13.
E. COMMISSION ACTION
Mr. Jarrell made a motion to recommend approval of the Special Use Permit
petition. The motion passed 5 -0.
F. DISSENTING PERSPECTIVE
None.
G. ATTACHMENTS: X Concept Plan X Vicinity Map
X Staff Report X Other
Philip Thompson, Secretary
Roanoke County Planning Commission
Page 2 of 2
STAFF REPORT
Petitioner: Pelewoo Properties LLC
Request: To obtain a Special Use Permit in a C -2C, General Commercial,
District with Conditions for the purpose of operating a used
automobile dealership on a 1.57 acres
Location: 6802 Peters Creek Road and 7323 Deer Branch Road
Magisterial Hollins
District:
Existing Proffered 1.
Within that portion of tract 27.10 -5 -13 that has been described
Conditions (1992
on a concept plan prepared by Motley and Associates and
rezoning):
submitted with the rezoning application, only dusk -to -dawn
lights for security purposes will be installed.
2.
All non - security light pole fixtures shall not exceed 20 feet.
3.
To provide for additional screening, a 6 -foot fence beginning at
the northwest corner of the tract 27.10 -5 -13 and continuing
south for 140 ft. as well as an extra 10 ft. of a 4 -foot fence will
be installed. Additionally, low ground cover of 2 -3 feet in
height along the outside of said fence will be planted
beginning at the buffer yard and continuing until the entrance
of Deer Branch Road. The finished side of the fence will be
oriented toward the road.
4.
No exterior speakers will be included in the development of
this property.
5.
At the corner of Deer Branch Road and Peters Creek Road, the
display of vehicles will be done in such a way as not to
obstruct the view of drivers entering onto Peters Creek Road
from Deer Branch Road.
6.
The delivery of vehicles shall not occur between the hours of 7
p.m. and 7 a.m. unless this process takes place on tract 27.10-
5-12.
7.
A convenience store will not be constructed on tract 27.10 -5-
13.
EXECUTIVE SUMMARY:
This is a request to obtain a Special Use Permit for the purpose of operating a used automobile
dealership on two parcels consisting of 1.57 acres located at 6802 Peters Creek Road and
7323 Deer Branch Road. Both parcels are currently zoned C -2C, General Commercial District
with Conditions. The properties are designated as Core on the 2005 Future Land Use map.
1. APPLICABLE REGULATIONS
All proffered conditions from the 1992 rezoning must be met before this use will be
allowed on the property.
The Roanoke County Zoning Ordinance defines a "Automobile Dealership, Used" as any
lot or establishment where three (3) or more used motor vehicles, including automobiles,
trucks, scooters, recreational vehicles, and motorcycles are displayed at one time for
sale.
These used automobile dealerships are allowed in C -2 zoned districts with a Special
Use Permit per Section 30- 54- 2(B)2. Section 30 -85 -4 provides use and design
standards for a used automobile dealership as follows:
(A) General standards:
1. Outdoor display areas in conjunction with automobile sales shall be constructed
of the same materials required for off - street parking areas as required in section
30- 91 -4.3, parking area surface standards.
2. A ten -foot planting strip shall be provided adjacent to any public street right -of-
way.
3. The storage and /or display of motor vehicles in the planting strip required above
shall be prohibited.
4. Exterior display or storage of new or used automobile parts is prohibited.
5. Any vehicle which is missing major mechanical or body parts or have been
substantially damaged shall be placed in a storage yard. The storage yard shall
be fully screened from public view and shall be set back at least one hundred
(100) feet from any adjoining residential district.
Roanoke County site development or building permit review may be required.
2. ANALYSIS OF EXISTING CONDITIONS
Background — These parcels were rezoned in 1992 by Valley Motorsports to allow for
Used Automobile Sales. Several conditions regarding this use were applied at this time.
The properties have most recently been the location of the Audiotronix business for
several years.
Topography/Vegetation — The parcels are fully built out including a 40' x 100' building
surrounded by parking. There are a few trees between the Deer Branch Road property
and the adjacent residential property.
Surrounding Neighborhood — The properties are bordered to the east by Deer Branch
Road and to the south by Peters Creek Road. Across both Deer Branch Road and
Peters Creek Road are additional C -2, General Commercial properties. To the east, the
parcels abut additional land where car sales are located. To the north, the adjacent
properties are zoned R -1, Low Density Residential.
3. ANALYSIS OF PROPOSED DEVELOPMENT
Site Layout /Architecture — As shown on the concept plan, there is no change proposed
to the existing structure or parking areas.
2
Access /Traffic Circulation — The properties will be accessed using the two existing
entrances, one off of Peters Creek Road and one off of Deer Branch Road.
Fire & Rescue /Utilities — The Roanoke County Fire Marshal's Office had no objections
for this special use permit request.
Western Virginia Water Authority — The WVWA had no comments.
VDOT — A Land Use Permit will be required for all work within the VDOT right of way.
Economic Development - The Department of Economic Development had no comments.
4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN
This site is currently zoned for New Automobile Sales. The addition of the Special Use
Permit for Used Automobile Sales will allow them more flexibility with their inventory.
Used Automobile Sales is in conformance with the Core Future Land Use. Core is a
future land use area where high intensity urban development is encouraged. Core areas
may also be appropriate for larger -scale highway- oriented retail uses and regionally -
based shopping facilities. Due to limited availability, areas designated as Core are not
appropriate for tax - exempt facilities.
5. STAFF CONCLUSIONS
This is a request to obtain a Special Use Permit for the operation of a used automobile
dealership on two parcels consisting of 1.57 acres located at 6802 Peters Creek Road
and 7323 Deer Branch Road. Both parcels are currently zoned C -2C, General
Commercial District with Conditions. The properties are designated as Core on the 2005
Future Land Use map and the proposed use is in conformance with the Core
designation. The petitioner is not seeking to amend or remove any of the previous
conditions, however these conditions need to be met before any further Automobile
Sales, Used are permitted on the site. The proposed application generally conforms to
the Zoning Ordinance.
CASE NUMBER: 13- 6/2013
PREPARED BY: Tara Pattisall
HEARING DATES: PC: 6/4/2013 BOS : 6/25/2013
ATTACHMENTS: Application
Aerial Map
Land Use
Zoning Map
C2, General Commercial District Standards
Automobile Dealership, Used, Use & Design Standards
3
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Roanoke, VA 24018-0798
( 540 ) 772-2068 FAX ase N U mber
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Pelewo o PropertleS LLC 537-3776
Applicants rtarn&ad dress wizilp 1+00c:
Uo David D'I'llon Work.:
G900 Peters Creek P?d Cell 4:
Roanoke, VA 24019 Fax No.:
Own, r 's n a mel add re s s w�zi p JHF Proporties Inc. Phonc; 9:
0a John Fer Work:
3904 V\An din Wa Rd FIM N10r h:
Roa noke , VA 2401
Pt-opert Locati-mi 6$02 Petem Creek Rd and
Ma IX-strict: Ho: lins
lComintan l I I I Li I mi i u g aF-10.HL: Hollins
7323 Deer, Sranch Rd
Tax Map No 7.10-05-12,00 and
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JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2 -2232) VIEW.... ..... .. REQUESTS . ...... ....... ...... . ... ....... .. ...
..... .. .. . ... ............. . ... .. .......
Applicant Pelewoo Properties, LLC
The Planning Commission will study rezoning, special use permit waiver or community plan (15.2 -2232) review requests to
determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the
following questions as thoroughly as possible. Use additional space if necessary.
Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the
beginning of the applicable zoning district classification in the Zoning Ordinance.
This request is to allow Used Car Sales on the subject properties which is allowed in the C2 district with a Special Use
Permit. The Properties were originally rezoned in 1992 to allow Car Sales. The property currently has conditions that were
put in place at the time of the 1992 rezoning and those conditions will remain with the property. The property is fully
developed and no improvements are proposed with this request.
This request furthers the purposes of the Roanoke County Ordinance by providing beneficial economic growth by using an
existing developed site. This site is located along a major thoroughfare and has already been fully developed for car sales.
Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community
Plan.
This request conforms to the general guidelines of the Community Plan by using an existing facility that has already been
developed for the proposed use. Because the site is already developed, the existing view sheds and development patterns
will be maintained.
.....- - ......
Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as
the impacts on public services and facilities, including water /sewer, roads, schools, parks /recreation and fire and rescue.
This request will have no impacts on the community because the site is already fully developed for the proposed use.
CON CEPT PLAN CHECKLIST . .
A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the
land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or
design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future
use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting
regulations.
The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit.
Site plan and building permit procedures ensure compliance with State and County development regulations and may require
changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special
use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations.
A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2 -2232) review and variance
applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature
of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the
following are considered minimum:
ALL�rPPLICANTS
�� a. Applicant name and name of development
b. Date scale and north arrow
mac. Lot size in acres or square feet and dimensions
v" d. Location, names of owners and Roanoke County tax map numbers of adjoining properties .s
e. Physical features such as ground cover, natural watercourses flood lain etc.
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0 ' The zoning and land use of all adjacent properties
g. All property lines and easements
V h. All buildings, existing and proposed, and dimensions, floor area and heights
Location, widths and names of all existing or platted streets or other public way within or adjacent to the development
at , w a g p t p ay t a p
4 4' j. Dimensions and locations of all driveways, parking spaces and loading spaces
Additional information required for- REZONING and SPECIAL USE PERMIT APPLICANTS
0 / 4 k. Existing tilities water, sewer, storm drains
g ( � a ) and connections at the site
to'� 1. An driveways, entranceslexits, curb openings and crossovers
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m. Topography map in a suitable scale and contour intervals
n. Approximate street grades and site distances at intersections
o. Locations of all adjacent fire hydrants
p. Any proffered conditions at the site and how they are addressed
A/A q. If project is to be phased, please show phase schedule
I certify that all items required in the checklist above are complete. PI -e Ls r% t -A
41
Signature of applicant f D e
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Community Development Planning &Zoning Division
NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET
WAIVER, OR SPECIAL USE PERMIT PETITION
PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE
The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision waiver,
Public Street waiver or Special Use Permit petition if new or additional information is presented at the public
hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public
hearing that sufficient time was not available for planning staff and/or an outside referral agency to
adequately evaluate and provide written comments and suggestions on the new or additional information prior
to the scheduled public hearing then the Planning Commission may vote to continue the petition. This
continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional
information and provide written comments and suggestions to be included in a written memorandum by
planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to
determine if a continuance may be warranted.
POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND /OR TRAFFIC IMPACT STUDY
The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision waiver,
Public Street waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia
Department of Transportation requests further traffic analyses and /or a traffic impact study that would be
beneficial in making a land use decision (Note: a list of potential laird uses and situations that would
necessitate firther study is provided as part of th application package).
This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic
analyses and /or traffic impact study and to provide written comments and /or suggestions to the planning staff
and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance
and the newly scheduled public hearing date.
Effective date: April 19,9x5
me of Petition
Petitioner's Signature
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SUP SITE EXHIBIT
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Pc-Lers Creek Read and 7323 Deer Branch Road.
Contract Purchaser Pelewoo Properties, LCC
PrIc b Balzerand Associates, Inc.
Date: - -201
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SUP SITE EXHIBIT
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Pc-Lers Creek Read and 7323 Deer Branch Road.
Contract Purchaser Pelewoo Properties, LCC
PrIc b Balzerand Associates, Inc.
Date: - -201
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, JUNE 23, 1992
ORDINANCE 62 TO C$ANGF TEE ZONING
CBIFICATION OF A 1.615 ACRE TRACT OF REAL
ESTATE LOCATED AT TEE CORNER OF PETERS CREEK
ROAD AND DEER BRANCH ROAD (TAX MAP NOS. 27.10
-- D 12 1 8 - 5 - 13 ) IN TEE HOLLINS
MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF B -1 AND, R-1 TO TEE ZONING
CLASSIFICATION OF B -2 WITH CONDITIONS UPON THE
APPLICATION OF VALLEY MOTORSPORT
WHEREAS, the first reading of this ordinance was held on May
26, 1992, and the second reading and public hearing was held June
23, 1992; and,
WHEREAS, the Roanoke County Planning Commission held a public
hearing on this matter on June 2, 1992; and,
WHEREAS, legal notice and advertisement has been provided as
required by law,
BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows
1, That the zoning classification of a certain tract of real
estate containing 1.615 acre, as described herein, and located at
the corner of Peters Creek Road and Geer Branch Road, ( Tax Map
Numbers 27.10-5-12 and 27.10-5-13) in the Hollins Magisterial
District, is hereby changed from the zoning classification of B -1
and R -1, Office District and Single Family Residential District, to
the zoning classification of B - 2, General Commercial District.
2, That this action is taken upon the application of Valley
Motorsport ,
3. That the owner has voluntarily proffered in writing the
following conditions which the Board of Supervisors hereby accepts;
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Within that portion of tract 27.10-5-13 that has
been described on a concept plan prepared by Motley
and Associates and submitted with the rezoning
application, only dusk --to -dawn lights for security
purposes will be installed.
2. All non - security light pole futures shall not
exceed
3. To provide for additional screening, a 6 -foot fence
beginning at the northwest corner of tract 27.10- -5--
13 and continuing south for 140 ft. as well as an
extra 10 ft. of a 4 -foot fence, will be installed.
Additionally, low ground cover of 2-3 feet in
height along the outside of said fence will be
planted beginning at the buffer yard and continuing
until the entrance of Deer Branch Road. The
finished side of the fence will be oriented toward
the road.
4 , No exterior speakers will be included in the
development of this property.
5. At the corner of Deer Branch Road and Peters creek
Road, the display of vehicles will be done in such
a way as not to obstruct the view of drivers
entering onto Peters Creek Road from Deer Branch
Road.
6. The delivery of vehicles shall not occur between
the hours of 7 p.m, and 7 a.m, unless this process
takes place on tract 27.10- -5 -12,
7. A convenience store will not be constructed on
tract 27.10 - 5-13.
4, That said real estate is more fully described as follows:
BEGINNING at a point on Peters Creek Road, point being
the southeast corner of the St. Philip Evangelical
Lutheran Church and parcel A; thence with Peters creek
Road, N, 69 deg. 37' 50 E. to a point on a curve: thence
with a curve to the right with a radius of 25 a tangent
of 25*, and an arc of 39.27 to a point on Deer Branch
Road: thence with the road N. 22 deg, 49 10 W. 193.39
to the southwesterly corner of Lot 1, thence continuing
on the same line 21.61'; thence with a curve to the right
with a radius of 154.07 a tangent of 68 ' and an arc
of 128.51' to a point on Post Road. thence N. 27 deg, 45'
30" E. 39.09' to the northeasterly corner of Lot 1;
thence continuing for the same line 80.00' to the
northeasterly corner of Lot 2; thence S. 62 deg. 14' 30
E. 176.15 thence S. 27 deg. 35' 40 W. 80.00'; thence
continuing on the same line 45.31' to the northeasterly
C 0 Au r3 t o O,�.r S ro
corner of Parcel A; thence S. 22 deg. 49 10 E. 219.61'
to the Place of Beginning: and being Lots 1 and 2 and
Parcel 2 of Tinker Knoll as shown on a plat by Mattern
and Ma.ttern Engineers dated February 7, 1947, and
recorded in Plat Book 3, page 1.
5, That this ordinance shall be in full force and effect
r + + r
par s
of ordinances in conflict with the provisions of this ordinance be,
and the same hereby are, repealed.
O n motion of Supervisor Johnson to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS : None
A COPY TESTE.
& - - -- - -0, -
Brenda J. Hcgton Deputy Clerk
Roanoke County Board of Supervisors
cc $ File
Arnold Covey, Director, Engineering & Inspections
Terry Harrington, Director, Planning & Zoning
John Willey, Director, Real Estate Assessment
Paul Mahoney, county Attorney
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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 G2 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
11
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)
Col
Use & Design Standards — Commercial Uses
See. 30 -85 -4. Automobile Dealership, Used.
(A) General standards:
1. Outdoor display areas in conjunction with automobile sales shall be constructed
of the same materials required for off - street parking areas as required in section
30- 91 -4.3, parking area surface standards.
2. A ten -foot planting strip shall be provided adjacent to any public street right -of-
way.
3. The storage and /or display of motor vehicles in the planting strip required above
shall be prohibited.
4. Exterior display or storage of new or used automobile parts is prohibited.
5. Any vehicle which is missing major mechanical or body parts or have been
substantially damaged shall be placed in a storage yard. The storage yard shall be
fully screened from public view and shall be set back at least one hundred (100)
feet from any adjoining residential district.
(Ord. No. 052609 -22, § 1, 5- 26 -09; 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, JUNE 25
ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE
PURPOSE OF OPERATING A USED AUTOMOBILE DEALERSHIP ON
1.57 ACRES LOCATED AT 6802 PETERS CREEK ROAD AND 7323
DEER BRANCH ROAD (TAX MAP NOS. 27.10 -5 -12 AND 13) HOLLINS
MAGISTERIAL DISTRICT, UPON THE PETITION OF PELEWOO
PROPERTIES LLC
WHEREAS, Pelewoo Properties LLC has filed a petition for a special use permit
for the purpose of operating a used automobile dealership to be located at 6802 Peters
Creek Road and 7323 Deer Branch Road (Tax Map Nos. 27.10 -5 -12 and 13) in the
Hollins Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
June 4, 2013; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on May 28, 2013; the second reading and public hearing on this
matter was held on June 25, 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 Pelewoo
Properties LLC for the purpose of operating a used automobile dealership to be located
at 6802 Peters Creek Road and 7323 Deer Branch Road (Tax Map Nos. 27.10 -5 -12
and 13) 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
Page 1 of 2
impact on the surrounding neighborhood or community, and said special use permit is
hereby approved.
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 of
H -5
PETITIONER: Charles S. Wells
CASE NUMBER: 14- 06/2013
Board of Supervisors Consent 1 St Reading Date: May 28, 2013
Planning Commission Hearing Date: June 4, 2013
Board of Supervisors Hearing & 2 nd Reading Date: June 25, 2013
A. REQUEST
To rezone approximately 1.0 acre from C -2C, General Commercial District
with conditions to 1 -2C, High Intensity Industrial District with conditions for
the purpose of operating a construction yard.
B. CITIZEN COMMENTS
No citizens spoke on this petition.
C. SUMMARY OF COMMISSION DISCUSSION
Tara Pattisall presented the staff report. A representative for petitioner
was present to answer questions. Ms. Hooker asked about condition
regarding the sign height and setback. Ms. Pattisall stated that it is more
restrictive than the ordinance. Mr. Marrano asked a question regarding
stormwater management which Ms. Pattisall replied will be addressed
later during the site plan review stage.
D. CONDITIONS
1. The subject property will be utilized solely as a construction yard.
2. Any freestanding sign on the property shall not exceed fifteen (15)
feet in height with a minimum setback of fifteen (15) feet.
3. The maximum height of any structure shall not exceed forty -five
(45) feet in height.
E. COMMISSION ACTION
Ms. Hooker made a motion to recommend approval of the petition with the
three proffered conditions. The motion passed 5 -0.
F. DISSENTING PERSPECTIVE
None.
G. ATTACHMENTS: X Concept Plan X Vicinity Map
X Staff Report X Other
Philip Thompson, Secretary
Roanoke County Planning Commission
Page 1of1
STAFF REPORT
Petitioner:
Request:
Location:
Magisterial District:
Proffered Conditions:
Charles S. Wells
Rezone approximately 1.0 acre from C -2C, General Commercial District with
conditions to I -2C, High Intensity Industrial District with conditions
3327 Shawnee Drive
Catawba
1. The subject property will be utilized solely as a construction yard.
2. Any freestanding sign on the property shall not exceed fifteen (15) feet in
height with a minimum setback of fifteen (15) feet.
3. The maximum height of any structure shall not exceed forty -five (45) feet
in height.
EXECUTIVE SUMMARY:
Charles S. Wells is requesting 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. This request seeks to revert the property to its original 1 -2 designation that was rezoned to C -2C
in 2008 in order to operate a fuel center. It is being carried out in order to allow for the operation of a construction
yard which is allowed by -right in the 1 -2 district.
A construction yard is defined as establishments housing facilities of businesses primarily engaged in construction
activities, including outside storage of materials and equipment. Typical uses are building contractor's yards A
construction yard is a by -right use in the 1 -2 district. Although by- right, the petitioner has offered three proffered
conditions that limit the use of the property to only that of a construction yard as well as to place limitations on the
overall heights of both any proposed signage and structures constructed on -site.
The Comprehensive Plan indicates that the Future Land Use Designation of this property is Glenvar Village. Glenvar
Village is a future land use area intended to serve as focal point for the Glenvar Community. Because of the
importance to the community, a high degree of architectural and creative site design is encouraged to enhance the
rural and historic character of the area as well as pedestrian and vehicular connectivity between properties. Specific
to industrial development, the Glenvar Village designation states that "low intensity industrial uses are encouraged
to locate south of Route 11/460." Due to both its location as well as proffers in place that limit the types of uses on-
site, the construction yard use type fits within both the land use types and determinants as defined by the Glenvar
Village designation.
1. APPLICABLE REGULATIONS
Section 30 -62: 1 -2 High Intensity Industrial District Regulations
Section 30 -86 -2 Construction Yards
(A) In the I -2 district, all materials stored on the premises overnight shall be placed in a storage yard. The
storage yard shall be fully screened from surrounding views in accordance with Section 30 -92, and shall
1
be set back at least one hundred (100) feet from any adjoining residential district.
2. ANALYSIS OF EXISTING CONDITIONS
Back_ rq ound — Historically this property has been zoned industrially until it was rezoned to C -2C in 2008 for
the operation of a fuel center. Since that time, the property has remained undeveloped. This request seeks
to revert the property back to its original 1 -2 zoning in order to operate a construction yard which is not an
allowable use in the C -2 district. Although a construction yard is an allowed, by -right use, the applicant has
offered three proffered conditions that limits allowed uses and caps both the overall sign and building
heights for the site.
Surrounding Neighborhood — The adjoining parcel to the north is zoned C -2C and contains an automobile
dealership. The other adjoining parcel to both the south and west is zoned 1 -2 and is vacant at present. The
eastern side of the property is bound by VDOT right -of -way along Shawnee Drive. Within the immediate
vicinity, the properties to the south are industrially zoned and the properties to the north are commercially
zoned. Within the context of the Community Plan, the property is surrounded by areas designated Glenvar
Village to the north and east and Principal Industrial to the south and west.
3. ANALYSIS OF PROPOSED DEVELOPMENT
Site layout — The proposed layout of the site includes a 4,800 square foot warehouse building at the
northeast corner of the site and a small paved parking area immediately adjacent to the south. The
remaining portion of the property is to be an area covered with gravel for storage and parking, and will also
be surrounded with a six foot screening fence along the perimeter. On the northern border, the property
slopes steeply 18 feet to the C -2C property along West Main Street, and will also include the required Type
B, Option 2 landscaping buffer. The proposed site plan also illustrates the ten foot landscaping buffer along
its Shawnee Drive frontage.
Fire Marshal — In a letter dated April 30, 2013, the County Fire Marshal's Office stated they were not
opposed to the proposed concept plan. However, they noted the proposed use of construction yard would
need to be better defined in terms of what actually is proposed for storage on -site. Specifically, if items such
as lumber and other combustible materials are to be stored on -site, a discussion of fire flow and hydrant
locations may need to be made during site plan review for compliance with the Statewide Fire Prevention
Code.
VDOT — In a letter dated May 1, 2013, VDOT made a couple of comments regarding the application. Firstly,
a reference was made that access management standards for entrances and intersections must be adhered
to where applicable for commercial entrances. VDOT also noted a Land Use Permit will be required for any
work proposed for within VDOT right -of -way.
Economic Development — The Department of Economic Development offered no objections to this rezoning
request.
0,
4.
5.
CONFORMANCE WITH ROANOKE COUNTY COMPREHENSIVE PLAN
In January 2012, the Roanoke County Board of Supervisors adopted the Glenvar Community Plan as a
component of the Roanoke County Comprehensive Plan. As part of this plan, the Glenvar Village
designation was developed in an effort to encourage development of the West Main Street corridor as the
neighborhood center of the Glenvar community. As part of this designation, it specifically states:
Low intensity industrial uses are encouraged to locate south of Route 111460; such development should be
clustered and should not have an adverse impact on air or water quality, the natural environment or scenic
viewsheds.
The proposed development is in conformance with the Glenvar Village designation. This is the case as it will
be located south of Route 11/460, in an area with existing industrial uses and will not have any impact on
scenic viewsheds from the community. Furthermore, as this will be new construction, it will be subject to the
full site plan review process that includes how stormwater will be handled from the site to prevent adverse
impacts on water quality.
STAFF CONCLUSIONS
Charles S. Wells is requesting to rezone approximately 1.0 acre from C -2C, General Commercial District
with conditions to 1 -2C, High Intensity Industrial District with conditions located at 3327 Shawnee Drive,
Catawba Magisterial District. The request is consistent with the purpose of the 1 -2 district as defined in
Section 30 -62 -1 of the Roanoke County Zoning Ordinance and is in conformance with the Glenvar Village
designation of the Roanoke County Community Plan. The proposed construction yard meets all applicable
zoning requirements for both the physical building and surrounding site and is subject to County
development review requirements prior to any construction. The proffers offered by the applicant as part of
this request will allow for the property to develop in such a manner as to not be out of context with the rest
of the existing neighborhood.
CASE NUMBER: 14- 612013
PREPARED BY: Chris Patriarca
HEARING DATES: PC: 06/04/13 BOS: 06/25/13
ATTACHMENTS: Application Materials
Site Inspection Photographs
Aerial Photograph
Zoning Map
Future Land Use Map
1 -2 Zoning District Regulations
3
0
Count of Roanoke
C'01111111111iit Development
111111111ili & Zonin
5204 Bernard Dr*iv,e
P 0 Box 29800
Roanoke, VA 24018-0798
( 540 ) 772-2068 FAX (540 776-7155
F ol. staff I NN (In Ito
1)atc elvea
Received b
A fec:
o
1'L'/BZA date-
I'la-cards lnijed:
110S
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A LL A PPLICA NTS
Clieck t y pe ol'applicalion filed (check ,call flint Lippl
DtRezonin U Specs alUse UVariaace HWalver HA dry itaish-afive Appeal
Ch arles S. Wells
5115 Arrowhead Trail.
Salem, Vir 24153
0%vncr's n,,Inicladdivss %vlzip
Quarles Petroleum, Inc.
1701 Fall Hill Avenue, Ste. 300
it Comp Plaii 1 115.2-223-20� ReVICIV
Phonc:
Worki-
Cell #- (54G) 309-
Fax No.:
1-'hone 0: -(540) 361--486-3-
Work:
Fax No. It: (5-40) 371-9613
Location Magistet-idl district: Catawba
3327 Shawnee Drive
Salem., Vir 24153 CoMIM111it 1-11anning arcla: Glenvar
J'ax Map No - ExisLin Zonin 2r
"'055*02-02-13.01-0000 —
C
Si/cti1'pavccl(s'),, Acres:. 1.0 —
Existing I and Use:
Vacant
RF.-7.0N1A1G,S1>r.-C1AL USE PE,,RAHT, 111?11111.,R A" COMP PLAN q 5.2-.n*).i2) RE1,104" APPLIC4NTS ( WS/NV/(.'P )
Proposed Zoning, I-2C
Proposed 1, ancl I Ise: Construction Yard
Does the par -cel tilect, the jilininium lot area, width. and fronta r meat s of the re district?
Yes , X - No . IF NO, A VARIANCE IS REQUIRED 1 "I RS 1-,
Dii• s the parcel meet the mininium criteria forthe re Use T Yes X No
IF N04, A VA RI ANCE IS REQU I R ED FIRST
Ili e-Lonin re are conditions bein roof r ed with this 1VL Yes X No
VA RIAXCE, IVA I VER A �VD ADAHNISM11 7*11d'F,, A P- Pf,..-,l LA PPLICA N7S ( 1,711'/AA )
L %, -
Variance/Waiver ol'Secti on ol'llic i1oanoke ( tmilt /onin 0I in
zinc or(lei
Appeal ol'Zonin Adni itistratov"S dc�'IiSiUll to
-dim
Appeal 01 o1`Sccfion of'llie Roanoke (mulit Zonin 0I WICe
Appeal ot'hitupretation of'Zonin Map try -
Is the appl ication complete"! Please efieck i 1'cnclosed, A PP Ll CATI 0 N WI LI, NOT BE ACCE PTE A N Y 0 VUH E. S L I TEN.
ARE MISSING OR INCOMPLETE. APW 4
R/SAWCP WAA IMSANAT ViAA R/S/%N/CP VAA 00 ",
Consultation 8 1/2" x I I" concepi plan ApOlci- fee
Applicattall -NMetes and hounds description Profficrsr licable
justification Walcr and se%ver application L A4joinisi OW11c
certify m
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i hcreb rtify ;ha m e
l I arty fl 0
ic NA jer )J�tile ir I m-Nordleowiter'sa g ent will
I* the Owner.
Owtier's- Si
Charles S. Wells
2
JUSTIFICATION .FOR.RE .ZONING SPECIAL USE .PERMIT WAIVER OR CONIP PLAN (1 5.2 -2232) REVIEW.
REQUESTS
Applicant Charles S. We lls
The Planning Commission will study rezoning, special use permit waiver or community plan (15,2 -2232) review requests to
determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the
following questions as thoroughly as possible. Use additional space if necessary.
Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the
beginning of the applicable zoning district classification in the Zoning Ordinance.
See attached sheet
Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Communi
Plan.
See attached sheet
Please describe the act
irn s of the request on the roe itself, the adjoining p and the surrounding p�� q property r`tY � J g p p � g area as well as
the impacts on public services and facilities, including water /sewer, roads, schools, parks /recreation and fire and rescue.
See attached sheet
3
JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN REVIEW
REQUESTS
Applicant Charles S. wells
Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the
purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance.
Charles Wells is proposing to develop this one acre site as a construction yard Until the site was rezoned
by Quarles Petroleum in 2008 for an unmanned gasoline station (which was never developed), this parcel
had been unconditionally zoned I -2. Your applicant wishes to return the property to its previous zoning
classification while placing conditions on its development that would prevent more intense industrial
development. Except for its neighbor to the north ( a parcel fronting on west Main Street and being used
as a car lot), its neighbors are industrially zoned. Shawnee Drive dead -ends at the railroad crossing
immediately adjacent to the parcel's industrial neighbors to the south, and does not serve any residential
properties. This proposed use will further the Roanoke County Ordinance for I -2 by permitting an
appropriate use in an already existing industrial area.
Please explain how the project conforms to the general guidelines and policies contained in the Roanoke
County Community Plan.
The Glenvar Community Plan, adopted earlier this year, placed the subject parcel within the Glenvar
Village future land use designation. Its immediate neighbors to the south, east and west were placed in
the Principal Industrial future land use designation. One of the goals of the Glenvar Community Plan was
to encourage the location of low - intensity industrial development on the south side of west Main Street
(i.e. the side of West Main Street on which Shawnee Drive is located) and to limit it on the north, where
the potential conflict with established patterns of residential development was more likely. The
conditions proffered by the applicant (which are identical to the ones proffered by Quarles Petroleum in
2008 but for use) make the proposed development a limited, low - intensity one. And its location, amidst
other industrial uses off the south side of west Main Street, is consistent with the policies of the Plan.
The Plan also encourages the buffering of industrial uses from the Route 111460 corridor. As
demonstrated on the concept plan, the subject property is significantly below the grade of the parcel to its
north (tax parcel 055.02 -02 -14.00 which fronts on west Main Street). That 20+ foot drop in elevation,
together with the required landscape buffer, the required screening fence, and the height limit proffered
by the applicant, provide the buffering from Route 111460 encouraged by the Plan. And, that drop in
elevation places the property at the same grade as the other industrial properties which continue along
Shawnee Drive to the dead -end by the railroad right -of -way.
Please describe the impacts) of the request on the property itself, the adjoining properties, and the
surrounding area, as well as the impacts on public services and facilities, including waterlsewer, roads,
schools, parkslrecreation and fire and rescue.
No adverse impacts on the property, its neighbors, the surrounding area or public services and facilities
are anticipated. The neighborhood in which this parcel is located consists primarily of industrial uses and
a storm -water detention facility.
CONCEPT PLAN CHECKLIST
A concept plan of the proposed project must be submitted with the application. The concept plan shall g raphicall y depict the
land use chan devetuptilent or variance that is to be considered. Further, the plan shall address an potential land use or
desi issues arisin fi-om the re In such cases linvolvin rezonin the applicant ma proffer conditions to limit the future
use and development of the pro pert y and b so doin correct an deficiencies that iina not be iniana b Count permittin
re
]"he concept plan should not be confused with the site plan or plot plan that is re priorto the 11�.1-,11i111Ge orn bUildill" per-111i't.
0
Site plan and buildi it procedures ensure complijnce with State and Count development re
wilding per` ,ulations and ma re
chan to the initial concept plan. Unless Ifinitin conditions arc proffered and accepted in are zoning 01. -1111posed on a special
use permit or viviance, the concept plan ma be altered to the extent permitted b the zonin district and other re
, A concept plan is re with all rezonin special use permit, waiver, communit plan ( 15.2-2232 ) review and variance
applications. 'Me plan should be prepared b a professional site planner. The level of detail ina var dependin on the nature
ol'the re The Count Plannin Division staff ma exempt some of the items or su theaddition of extra items, but the
followin are considered n1ininimn-
ALL APPLICANTS
X a, Applicant name and name of dcvelopment
X b. Date, scale and not-th an-ow
x c. Lot size in acres or s feet and dimensions
X — d. Locatiun, names of owners and Roanoke Count tax map numbers of adjoinin properties
X — e. 13h features such as g round cover, natural watercourses, flood pla in, etc.
X _ f. I'lie zonin and land use of all adjacent propertics
x g , All properl lines and easements
x h. All buildin existin and proposed, and dimensions, or area and hei
X— i. Location_ widths and. nam-es of all existin r platted streets or other public wa within or adjacent to t1te development
X J . Dimensions and locations of all drivewa parkin spaces and loadin spaces
& X
A&rlifioiial infoi-inafion re '. -; an(I SPECIAL USE PERA417"APPLI "AM .'
X k. Existin utilities (water., sewer, storm drains) and connections at the site
1. An drivewa entrances/exits, curb openin and crossovers
x in. 'ropo map in a suitable scale and contour intervals
- r n, Approximate street, g rades and site distances at intersections
X — o. Locationsof all adjacent re h
X p. An proffered conditions at the site and how ihe are addressed
n a q . 11' pro is to be ph aced, please show phase schedulc
L
I certif thal all iteins re i i irc� I 111 11 IV L 1-1 �- '.4-diSt above are complete.
J �V
W k ZV A
Si of applicant Charle.c; S. Wells
applicant
T
fi
Community Development sp Planning & Zoning Division
b.
POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND /OR TRAFFIC IMPACT STUDY
The following is a list of potentially high traffic - generating land uses and road network situations
that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your
rezoning, subdivision waiver, public street waiver, or special use permit request. If your request
involves one of the items on the ensuing list, we recommend that you meet with a County planner,
the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the
potential additional traffic related information that may need to be submitted with the application in
order to expedite your application process.
(Note this list is Trot inclusive and the County staff and VDOT reserve the right to request a traffe
study at an y time, as deemed necessary.)
High Traffic - Generating Land Uses
Single- family residential subdivisions, Multi - family residential units, or Apartments with more
than 75 dwelling units
• Restaurant (with or without drive-through windows)
Gas station/Convenience store/Ca r wash
• Retail shop/Shopping center
Offices (including: financial institutions, general, medical, etc.)
Regional public facilities
• Educational/Recreational facilities
Religious assemblies
Hotel /Motel
Golf course
Hospital/Nursing home/Clinic
Industrial site/Factory
• Day care center
• Bank
Non- specific use requests
Road Network Situations:
• Development adjacent to/with access onto/within 500 -ft of intersection of a roadway classified
as an arterial road (e.g., Rte 11, 24, 115, 117, 460, 111460, 220, 221, 419, etc)
• For new phases or changes to a development where a previously submitted traffic study is more
than two (2) years old and/or roadway conditions have changed significantly
When required to evaluate access issues
• Development with ingress/egress on roads planned or scheduled for expansion, widening,
improvements, etc. (i.e. on Long Range Transportation Plan, Six -Yr Road Plan, etc.)
• Development in an area where there is a known existing traffic and/or safety problem
Development would potentially negatively impact existing/planned traffic signal(s)
Substantial departure from the Community Plan
• Any site that is expected to generate over one hundred (100) trips during the peak hour of the
traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750)
trips in an average day
Effective date: April 19, 2005
11
Communit Development Plannin Zonin Division
N OTI PLICANTS FOR REZONING, SUBMVISION WAIVER, PUBLIC STREET
WAIVER, OR SPFUAL USE PERLAUT PETITION
PLANNING C'0MM1SS1Q'.N- A?PLIC.ATION ACCEPTANCE PROCE"DUR Eq
The Roanoke Count 1.1lannin Commission resew q-,1--q the ti to continue a i zontn Subdivision Waiver,
Public Street Waiver orSpecial, Use Permit pelifion if -new or additional informal ion is presented at thepublic
hearin If it is th C- O Df tl-le J11ajoLrit of the limitin Cornmissioner.9 present at the seheduled public
hearin tip at sufficient tirne w-.,:is not available for ptannb staff and/or --in outside referral a to
ade evateat and pirovide written conunents and su on the ti or additional Iffifori-nation prJOIL.
in the scheduled public hearin then the Plannin Commi'ssion ma of to continue the pefition. TI-ils
continuance s h a] I a] I ow s i i c i c n t tiro r all ne cessar i -c vi ew i n g par t s to eva I uat c :L:he new or ad d't'a n a]
inforniafion and provide �.�]-Hlvn commonts and su to be included in a written rnemorancl -.m b
plati-nin staff to the P],-inning Coi=*Ission. The Plannin Cominiss'lon sliall cortAult witli p lane hi st aff to
deterftiinrl if a coati -i i.,'inc c rnn be wari-anted.
J
PUTE NTIAL OF NEIL D F() R TRA AN A LYS E.S AN D/0 R TRAFFIC IMPACT STU VY
'Flic Roanak Count Plann n g Commls.sioR reserves the ri to conrin ue a Remni np, S ubdi v] sil C)II Wai ver,
e
Pubt i c (re et W i a ver, or S p a a] Use Re rw is. i petiti on 1 f The Count Taff c En r c) r sta ff firo m i h e V i r n is
Department of Transpm-tation re 11i i-I Ii traffic ana] and/or a traffic Impart StUd tha( Nvould he
i
beneficial m niakin g a land ti-�c decision ( Mole." a iist.of pe)lenlial lcmd uses and .w4tuaii(nis thut i-i�otdd
necessitare (S o
fiurlhe�- stud p)-ovided as paj-? c)f I�Vs a 11 pticka
This continuance shal I all c) s u fft cient t for a I I a-C ces szll rc V i L-,wits g p ard es to eva I u ate the re q u fi red traffic
a n alv -s es and/or traffic i mpact stu an d to p rovide wr itten r- c i in rine Ti ( s andior s u gg esti
ioiis (o the plannin staff
ail dtliel3lann'ln� If a cantinuance i s wai-ranted, Ll-.e appli cant wit[ be riotifi ed of flie co ii nuance
and flie n y schedLiled public hQarin date.
Effective date. AOW f 9;p 2005
ChatIes S. -wp-]-Is
Nomme of Pefition
PetlitlonerI& Si
Date
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Western Virginia Mater Authority
Sizing Water Service Lines and Meters
r
Development: Ll)aub r_.UCnL
3
Type of Qccupancy: -�u� � � .� 1'
4-� --u` lC111 � A -E
Plumbing Fixture
No. of
Fixtures
Bathtub
Bedpad Washers
Combination Sink & Tray
Dental Unit
Dental Lavatory
Drinking Fountain - Cooler
Drinking Fountain - Public
Sink 112" Connection
'
314" Connection
Lavatory 318" Connection
1/2" Connection
Laundry Tray 112" Connection
314" Connection
Shower Head (Shower only)
�
Urnial - Pedistal Flush halve
Wall Flush halve
Trough ( 2 foot unit)
Wash Sink ( each set of faucets)
Water Closet - Flush Valve
Tank Type
Dishwasher -- 112" connection
314" connection
Washing Machine - 1/2" connection
314" connection
1 connection
Hose Connection (wash Down)
112"
314"
Hose (50 foot Wash Down) 112"
5/ 8 11
3/4 It
z.
n r?
Preliminary Pretreatment Wastewater
Survey Form
(Non- Industrial)
Facility Name: laU�� L
Facility Address: r 5 J l
Facility Telephone Number;
Facility FAX Number:
Type of Industry, Manufacture, Trade or Business: - U F 1CZ
Products Produced:
Number of Employees: _ - '' ► \0
General description of the industrial activities andlor plant processes at this site:
Current Federal Standard Industrial Classification Code (S.I.C.): _ ''
Does the facility discharge any water from parts washing operations, contact cooling, oil /water separators,
or any other type of wastewater other than from restrooms? If so, describe:
Z2 �vl l �-AA�A ( 11
A& L ti ��� � ' Cy
"'Industrial Waste" means liquid or other wastes resulting from any process of industry, manufacturing,
trade, or business, or from the development of any natural resource.
"Other Waste" means decayed wood, sawdust, shavings, barb, limes, garbage, refuse, ashes, offal's, tar,
oil, chemicals, and all other substances, except industrial waste and sewage, which may cause pollution
in any waters.
1 of 3
1 . Does this facility discharge industrial waste or other waste to the sanitary sewer?
F Yes FY', No
2. Is the discharge from industrial waste or other waste continuous or batch?
3. Does this facility use any type of chemical mixed with water that is discharged to the sanitary sewer?
F Yes ff No
4. What is the total discharge to the sanitary sewer? gallons per day (gpd)
5. What is the total industrial or other waste discharge to the sanitary sewer?
gallons per day (gpd).
6. Are any chemicals stored in quantities of 55 gallons or more?
`iA M\
T_ Yes r N«
r' Yes V No
7. Does this facility use any well water or other water source other than the public water supply?
F Yes JZ' No
8. Are any outside drains connected to the sanitary sewer?
9, Does your facility discharge storm water to the sanitary sewer?
r' Yes 9 No
Yes No
If your facility employs or will be employing processes in any of the industrial categories or business
activities listed below (regardless of whether they generate wastewater, waste sludge, or hazardous
wastes), place a check beside the category of business activity (check all that apply)
2 of 3
Industrial Cate ories*
Aluminum Forming
Asbestos Manufacturing
Battery Manufacturing
Can Making
Carbon Black
Cement Manufacturing
Centralized Waste Treatment
Coal Mining
Copper Forming
Dairy Products
Electric and Electronic Components
Manufacturing
Electroplating
Explosive Manufacturing
Feedlots
Ferroalloy Manufacturing
Fertilizer Manufacturing
Foundries (Metal bolding and
Casting)
Glass Manufacturing
Grain Mills
Gum and Wood Chemicals
Inorganic Chemicals
Iron and Steel
Leather Tanning and Finishing
Meat Products
Metal Finishing
Metal Molding and Casting
Metal Powders
Mineral Mining and Processing
Nonferrous Metals Forming
Nonferrous fetal Manufacturing
Oil & Gas Extraction
Ore Mining & Dressing
Organic Chemicals Manufacturing
Paint and Ink Formulating
Pesticides Manufacturing
Petroleum Refining
Pharmaceutical
Phosphate Manufacturing
Plastic Molding & Forming
Plastics and Synthetic Materials
Manufacturing
Plastics Processing Manufacturing
Porcelain Enamel
Pulp, Paper, and Fiberboard
Manufacturing
Rubber
Soap and Detergent Manufacturing
Steam Electric
Sugar Processing
Textile Mills
Timber Products
Transportation & Equipment Gleaning
Waste Combustors
Other
* A facility with processes inclusive in these business areas may be covered by Environmental Agency's
(EPA) categorical pretreatment standards. These facilities are termed "categorical users."
Name of persoq completing this farm. Title of person completing this form.
I hereby certify that i h ve completed this form to the best of my knowledge.
Signature of pers_'v pleting this form.
3of3
Address of Subiect Propert 3327 Shawnee Drive
Catawba Ma District
Roanoke Count
Tax Map No.. 055.02-02-13.01-0000
Present Zonin C General Commercial District w/conditions
Prc?posed Zonm* 1-2C Hi Intensit Industrial District w/conditiolls
Oicant's Name: Charles S. Wells
-Owner: Quarles Petroleum, Inc.
�:kfel :1 = MaRl
The undersi owner/applicant does hereb proffer the followin con ons in conjunction
with rezonin application:
1. The sub propert will be utilized solel as a construction y ard.
2. An freestandin si on the propert shall not exceed fifteen ( 15 ) feet in
hei with a minimum setback of fifteen ( 15 ) feet.
3. The maximum hei of an structure shall not exceed fort ( 45 ) feet in
hei
Dated this - JY da of 12013.
Respectfull submitted,
Charles S. Wells
Quarles Petroleum, Inc., owner of Roanoke Count Tax Map Parcel # 055-02-02-13-01-0000,
which is the propert sub to this petition, hereb consents to this rezonin petition filed b
Charles S. Wells, and a to be bOUnd b the conditions t at are proffered in this petition.
QUAR PETRO EUM INC.
B
A f�
Its:
ADJOINING PROPERTY OWNERS
Tax Parcel No. 055.02 -02 -1 3.01 -0000
Quarles Petroleum, Inc.
TAX MAP NO.
OWNER S / ADDRESS
ZONING
055.02 -02- 13,00 -0000
Salem Ready Mix Concrete Inc.
3235 Brightwood Place
Roanoke, VA 24014
1 -2
055.02 -02-14.00 -0000
Gary D. Ellis
3306 Vilest Main Street
Salem, VA 24153
C -2C
055.02 -02 -08.00 -0000
VCD Properties LLC
3170 West Main Street
Salem, VA 24153
C -2
055.02 - 0206.00 -0000
LL Flores LLC
3132 West Main Street
Salem, VA 24153
1 -2
055.02 - 0210.00 -0000
Salem Ready Mix Concrete Inc.
3235 Brightwood Place
Roanoke, VA 24014
1 -2
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SEC. 30 -62. -1-2 HIGH INTENSITY INDUSTRIAL DISTRICT.
Sec. 30 -62 -1. - Purpose.
(A) The purpose of the 1 -2, high intensity industrial district is to provide areas within the urban service area
which contain existing more intensive industrial uses or are suitable for such activities. These areas coincide
with the principal industrial land use category contained in the comprehensive plan and are designated based
on the suitability of the land in terms of slope and freedom from flooding and the relative remoteness and
absence of substantial residential development which could be adversely affected by such development. In
addition, the availability of adequate sewer and water capacity, access to arterial road network, and proximity
to rail and airport facilities or the interstate highway system are major considerations. Distributing these areas
around the county in a planned manner to create employment centers within close proximity to residential
growth areas and reduce heavy traffic generation of industrial uses is encouraged.
(Ord. No. 042799 -11, § 1 f., 4- 27 -99; Ord. No. 042208 -16, § 1, 4- 22 -08)
Sec. 30 -62 -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
2. Civic Uses
Day Care Center *
Park and Ride Facility
Post Office
Public Maintenance and Service Facilities
Public Parks and Recreational Areas
Safety Services
Utility Services, Minor
Utility Services, Major
3. Office Uses
Financial Institutions
General Office
Laboratories
4. Commercial Uses
Automobile Repair Services, Major
Business Support Services
Business or Trade Schools
Equipment Sales and Rental
Laundry
5. Industrial Uses
Construction Yards
Custom Manufacturing
Industry, Type I and Type II
Landfill, Rubble *
Meat Packing and Related Industries
Railroad Facilities
Recycling Centers and Stations
Scrap and Salvage Services
Transfer Station *
Transportation Terminal
Truck Terminal
Warehousing and Distribution
6. Miscellaneous Uses
Amateur Radio Tower
Parking Facility *
Wind Energy System, Small*
(6) 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
Correctional Facilities
2. Commercial Uses
Commercial Indoor Sports and Recreation
Fuel Center*
Mini - warehouse
Surplus Sales
Truck Stop *
3. Industrial Uses
Asphalt Plant
Composting *
Industry, Type III
Resource Extraction
4. Miscellaneous Uses
Aviation Facilities, Private
Broadcasting Tower
Outdoor Gatherings
Wind Energy System, Large*
Wind Energy System, Utility*
(Ord. No. 82493 -8, § 2, 8- 24 -93; Ord. No. 042297 -14, § 1, 4- 22 -97; Ord. No. 042799 -11, § 2, 4- 27 -99; Ord. No.
082807 -18, § 1, 8- 28 -07; Ord. No. 042208 -16, § 1, 4- 22 -08; Ord. No. 030811 -1, § 1, 3 -8 -11; Ord. No.
052411 -9, § 1, 5- 24 -11; Ord. No. 091311 -7, § 1, 9- 13 -11)
Sec. 30 -62 -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: 20,000 square feet.
b. Frontage: 100 feet on a publicly owned and maintained street.
(B) Minimum setback requirements.
1. Front yard: 30 feet, or 20 feet when all parking is located behind the front building line.
2. Side yard:
a. Principal structures: 10 feet.
b. Accessory structures: behind front building line and 3 feet from side line.
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. All structures: When adjoining property zoned Residential, seventy -five (75) feet, including
rooftop mechanical equipment. The maximum height may be increased provided each required side
and /or rear yard adjoining a residential district is increased two (2) feet for each foot in height over
seventy -five (75) feet. This distance shall be measured from the portion of the structure which
exceeds seventy -five (75) feet. In all other locations the height is unlimited.
(D) Maximum coverage.
1. Building coverage: 75 percent of the total lot area.
2. Lot coverage: 90 percent of the total lot area.
(Ord. No. 42694 -12, § 9, 4- 26 -94; Ord. No. 042208 -16, § 1, 4- 22 -08)
seventy -five (75) feet. This distance shall be measured from the portion of the structure which
exceeds seventy -five (75) feet. In all other locations the height is unlimited.
(D) Maximum coverage.
1. Building coverage: 75 percent of the total lot area.
2. Lot coverage: 90 percent of the total lot area.
(Ord. No. 42694 -12, § 9, 4- 26 -94; Ord. No. 042208 -16, § 1, 4- 22 -08)
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, JUNE 25
ORDINANCE REZONING APPROXIMATELY ONE (1) ACRE FROM C -2C,
GENERAL COMMERCIAL DISTRICT WITH CONDITIONS, TO I -2C, HIGH
INTENSITY INDUSTRIAL DISTRICT WITH CONDITIONS FOR THE
PURPOSE OF OPERATING A CONSTRUCTION YARD AT 3327
SHAWNEE DRIVE, CATAWBA MAGISTERIAL DISTRICT (TAX MAP NO.
55.02 -2- 13.1) UPON THE APPLICATION OF CHARLES S. WELLS
WHEREAS, this property was rezoned in 2008 from 1 -2 to C -2C for a gasoline
station with proffered conditions; this ordinance rezones the property from C -2C to 1 -2C for
a construction yard with proffered conditions. The proffered conditions are almost identical
to the ones proffered in 2008 with the only change being in the first proffer the words
"gasoline station" are changed to "construction yard "; and
WHEREAS, the first reading of this ordinance was held on May 28, 2013, and the
second reading and public hearing were held June 25, 2013; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on this
matter on June 4, 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 zoning classification of a certain tract of real estate containing
approximately one (1) acre, as described herein, and located at 3327 Shawnee Drive,
Salem, VA (Tax Map Number 55.02 -2 -13.1) in the Catawba Magisterial District, is hereby
changed from the zoning classification of C -2C, General Commercial District with
conditions to 1 -2C, High Intensity Industrial District with conditions for the purpose of
operating a construction yard.
Page 1 of 2
2. That this action is taken upon the application of Charles S. Wells.
3. That the owner of the property has voluntarily proffered in writing the following
condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts:
(a) The subject property will be utilized solely as a construction yard.
(b) Any freestanding sign on the property shall not exceed fifteen (15) feet
in height with a minimum setback of fifteen (15) feet.
(c) The maximum height of any structure shall not exceed forty -five (45)
feet in height.
4. That said real estate is more fully described as follows:
Being one (1) acre of real estate located at 3327 Shawnee Drive and further
described as Tax Map No. 55.02 -02 -13.1
5. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to
amend the zoning district map to reflect the change in zoning classification authorized by
this ordinance.
Page 2 of 2
ACTION NO.
ITEM NO. H- 6.0)(20)
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
June 26, 2013
Ordinances:
1) Ordinance of the Board of Supervisors of the County of
Roanoke, Virginia approving the lease financing of
various capital projects for the County and authorizing
the leasing of certain Roanoke County -owned property,
the execution and delivery of a Prime Lease and a
Local Lease Acquisition Agreement and Financing
Lease, and other related actions
2} Ordinance providing for the refunding of 2004 lease
financing with Virginia Resources Authority
3) Ordinance authorizing an amendment to the fiscal year
2013 -2014 budget by the appropriation of $13,973,416
to finance the various public facility projects
Paul Mahoney
County Attorney
B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
On May 14, 2013 and May 28, 2013, the Board of Supervisors held work sessions on the
County's Capital Improvements Program Tier 1 Priority Projects and recommended funding
for the following projects:
• Replacing fuel tanks at Kessler Mill Road (one 10,000 gasoline tank and two 10,000
gallon diesel tanks, new wiring and electronics)
• Purchasing replacement generators at four or five fire stations
• Installing sports field lighting (3 fields at Shell Park, 2 at Arnold R. Burton, and
1 field at Merriman Soccer complex)
• Making necessary repairs to the Sociall Services building (including roof
replacement, HVAC system replacement and parking lot repairs)
• Funding the construction of a new library in the Town of Vinton
Page 1 of 5
• Replacement of Integrated Financial System
The fiscal policies adopted by the Board have worked well, and allow us the opportunity to
proceed with these needed capital projects now, while interest rates are law. The county
recommends funding the projects by the following means:
• Reallocating funds from various other completed projects
• Appropriating funds from Major and Minor capital Accounts
• Appropriating funds from Salem Bank and Trust Fund
• Appropriating lease proceeds
• Appropriating funds from the Town of Vinton
• Appropriating funds from the city of Salem
• Appropriating funds from a refunding and bond proceeds through Virginia
Resources Authority
Bond Issue through Virginia Resources Authority
Roanoke County proposes to build a new one -story branch library of approximately 20,000
( + / -) square feet on a combined two (2) -acre parcel at 304 S. Pollard Street, in the Town of
Vinton, Virginia, The estimated cost is $9 million. The lot is zoned CB (Central Business
District) and constitutes an entire city block, with four (4) street frontages. The project
includes the demolition of an existing approximate 27,000 square foot building originally
constructed for use as a grocery store.
The county has already appropriated $567,966 to the Vinton Library project. Another
$463,759 will be appropriated from the Town of Vinton and lease proceeds. This leaves a
balance of $7,968,356 plus issuance costs to be financed through a bond sale. A
reimbursement resolution was approved by the Board at the October 23, 2012, meeting.
Based on the Boards direction to staff to bring this item back for all approvals at its
meetings in June, staff recommends participating in the summer pool of the Virginia
Resources Authority (VRA). Participation in the summer pool will allow us to meet the
Board's timeline while taking advantage of the low interest rates and realize savings on
bond issuance costs. It should be noted that since we are issuing bonds earlier than when
we need the proceeds for the project, the cost associated for this over the life of - the bonds
is approximately $154,092.
The attached ordinance authorizes the approval of the Prime Lease to VRA, the Financing
Lease (leasing by the County of the property), and the Local Lease Acquisition Agreement.
This lease will secure the borrowing of funds from the VRA to construct a new library in the
Town of Vinton.
The lease of Roanoke county real estate and lease -back from the VRA requires the
adoption of an ordinance under the county charter.
Page 2 of 5
The ordinance authorizes the sale of up to $8,795,000 million of bonds, atrue interest cost
not to exceed four percent (4 %), and a term to maturity not to exceed twenty (20) years.
- rhis is a maximum amount, so that the underwriters will have the flexibility to price the
bonds to achieve the lowest, net cost to the county.
As part of the joint capital plan that the County and School have had in place since 2095,
the County has the opportunity to borrow funds on every third year. This plan provides a
mechanism to pay for the debt without adding any tax burden to the taxpayer. The plan
allows for principal and interest payments of $871 ,850 beginning in 2014 -2015. The County
will capitalize interest for any payments due until July 1, 2014, after which time funds will
be included in the budget annually from the future debt service fund. Debt service on the
proposed bond amount is projected to be $578,000 approximately; however this will be
dependent on market conditions at the time of the sale and final amortization schedules
provided by VRA.
The County's obligation to make payments to VRA under the Financing Lease is subject to
annual appropriations by the Board, and does not constitute a pledge of the full faith and
credit or taxing power of the County.
The county's debt policy established parameters for issuing debt and managing
outstanding debt. The County does not have any Constitutional or Statutory Debt Limits.
- rhe County does abide by self - imposed debt targets. The proposed bond issue in the
amount of approximately $8.2 million will allow the County to stay well within it limits of the
County debt policy approved by the Board.
Advance Refundinq tri rou h Vir i n is Resources Authority 2004 Bonds
The County of Roanoke works with Financial Advisors, Raymond dames & Associates,
Inc., annually to review the County's outstanding debt for potential refunding opportunities.
Based on this review and current market conditions, the County has the opportunity to
refund the 2004 lease revenue bonds through Virginia Resources Authority (VRA). These
bonds were originally issued through VRAto - financethe Public Safety Center. The current
estimate of savings is approximately $2.0 million with savings in the 2014 through 2018
year. As has been previously done, the refunding will provide the opportunity of funds for
much needed capital while reducing the interest costs and leaving the final maturity the
same. Saving in the 2013 -2014 fiscal year will be appropriated in this report and all future
year savings will be appropriated through the budget process.
As reviewed with the Board at the May 28, 2013, work session, the recommended use of
these funds is an excellent opportunity to address an additional Tier One capital project
that currently has no identified funding source (Integrated Financial System replacement),
which significantly impact County operations.
While this advance refunding may have negative arbitrage of approximately $420,308, the
advance refunding provides fora present value of savings of 14.8 %. Negative arbitrage is
Page 3 of 5
an opportunity cost that occurs when the interest rate a borrower pays on its debt is higher
than the interest rate the borrower earns on the money used to pay the debt. currently
most professionals would consider eight to nine percent (8 to 9 %) the appropriate range for
a refunding opportunity.
The attached ordinance provides for the refunding of the 2004 Lease Financing with
Virginia Resources Authority.
Appropriation of Funds:
As was discussed above, county staff recommended that these projects be funded by a
variety of means and now requires the following appropriations:
This ordinance amends the 2013-2014 budget appropriation ordinance in order to finance
various public facility projects.
This budget appropriation ordinance requires a public hearing because it exceeds one
percent (1%) of the total county budget. Section 15.2 -2507 of the code of Virginia
provides that a locality may amend its budget to adjust the aggregate amount appropriated;
however, any such amendment which exceeds one percent (1 %) of the total expenditures
in the adopted budget must be accomplished by publishing a notice of a meeting and a
public hearing in the newspaper.
Page 4 of 5
Amount
Amount of source
Project
Appropriated
Source of Funds
of funds
Fuel Storage Tanks
250,000
From Merriman Roundabout
200,000
From South County Library
50,000
Fire and Rescue Generators
928,000
From Merriman Roundabout
928,000
P & R Sports Field Lighting
750,000
From South County Library
522,000
From Minor Capital
228,000
Social Services
3
From Salem City
500,000
From Salem Bank and Trust Fund
1
From Major Capital
938,161
From Minor Capital
561,839
Library
8
2613 Bond Issue -VRA
8
Town of Vinton
377,566
Lease Proceeds
86,250
Integrated Financial System
363,316
2664 VRA Refunding
363,316
$ 13
$ 13,973,416
This ordinance amends the 2013-2014 budget appropriation ordinance in order to finance
various public facility projects.
This budget appropriation ordinance requires a public hearing because it exceeds one
percent (1%) of the total county budget. Section 15.2 -2507 of the code of Virginia
provides that a locality may amend its budget to adjust the aggregate amount appropriated;
however, any such amendment which exceeds one percent (1 %) of the total expenditures
in the adopted budget must be accomplished by publishing a notice of a meeting and a
public hearing in the newspaper.
Page 4 of 5
Notice of this was published in the Roanoke Times on June 11, 2013, and June 13, 2013.
STAFF RECoMMENDA"riON:
Staff recommends approving the following ordinances authorizing:
1. The lease financing of various capital projects for the county and authorizing the
leasing of certain county -owned property, the execution and delivery of a Prime
Lease and a Local Lease Acquisition Agreement and Financing Lease, and other
related actions
2. The refunding of 2004 lease financing with Virginia Resources Authority
3. An amendment to the fiscal year 2013 -2014 Budget by the appropriation of
$13,973,410 to finance the various public facility projects
The first reading of this ordinance was held on June 11, 2013, and the second reading and
public hearing was held June 25, 2013.
Page 5 of 5
Prepared by:
Arthur E. Anderson II
McGuireWoods LLP
One James Center
901 East Cary Street
Richmond, Virginia 23219
Tax Parcel Nos. 37.10 -1- 21.2[, 60.16 -8 -1, 60.16 -8 -2, 60.16 -8 -3 and 60.16 -8 -4]
LOCAL LEASE ACQUISITION AGREEMENT AND AMENDED AND RESTATED
FINANCING LEASE
between
VIRGINIA RESOURCES AUTHORITY
as Lessor
and
COUNTY OF ROANOKE, VIRGINIA
as Lessee
Dated as of June 27, 2013
Virginia Resources Authority Infrastructure Revenue Bonds
(Virginia Pooled Financing Program)
Series 2004A (Non -AMT)
and
Virginia Resources Authority Infrastructure Revenue Bonds
(Virginia Pooled Financing Program)
Series 2013B
THIS FINANCING LEASE IS EXEMPT FROM RECORDING TAXES UNDER
SECTION 58.1 -811 OF THE CODE OF VIRGINIA OF 1950 AS AMENDED.
\48413462.3 McGuireWoods LLP Draft of 6/14/13
TABLE OF CONTENTS
Pie
ARTICLE I DEFINITIONS .................................................................. ............................... 1
Section1.1
Definitions ............................................................. ...............................
1
Section 1.2
Rules of Construction ........................................... ...............................
5
ARTICLE II REPRESENTATIONS ..................................................... ...............................
5
Section 2.1
Representations by VRA ....................................... ...............................
5
Section 2.2
Representations by Local Government ................. ...............................
6
ARTICLE III ACQUISITION AND LEASE OF REAL ESTATE ........ ...............................
7
Section 3.1
Acquisition of Financing Lease ............................ ...............................
7
Section 3.2
Issuance Expenses ................................................. ...............................
8
Section 3.3
Lease to Local Government .................................. ...............................
9
Section3.4
Lease Term ............................................................ ...............................
9
Section3.5
Schedule 1. 1 .......................................................... ...............................
9
Section 3.6
Conditions Precedent .......................................... ...............................
10
Section 3.7
Transfer Upon Termination ................................ ...............................
11
Section 3.8
Disclaimer of Warranty ....................................... ...............................
11
Section 3.9
Obligations of the Local Government Unconditional ........................
11
Section 3.10
Appropriation of Rental Payments by Local Government ................
11
Section 3.11
No Assignment .................................................... ...............................
l l
Section 3.12
Title to Real Estate ................................................ .............................12
Section3.13
Net Lease .............................................................. .............................12
ARTICLE IV USE OF LEASE PROCEEDS ........................................ ...............................
12
Section 4.1
Deposit of Lease Proceeds Amount; Investment of Amounts in
LocalAccount ..................................................... ...............................
12
Section 4.2
Agreement to Accomplish Project ...................... ...............................
12
Section 4.3
Disbursement of Lease Proceeds and Earnings .. ...............................
13
Section4.4
Permits ................................................................ ...............................
14
Section 4.5
Construction Contractors .................................... ...............................
14
Section 4.6
[Intentionally Omitted] ....................................... ...............................
14
Section 4.7
Local Government Required to Complete Project .............................
14
Section 4.8
Payments and Rights Assigned ........................... ...............................
14
-1-
ARTICLE V PAYMENT AND REDEMPTION ................................. ...............................
15
Section 5.1
Payment of Rental Payments and Related Amounts ..........................
15
Section 5.2
Redemption, Prepayment and Refunding ........... ...............................
16
ARTICLE VI NON - APPROPRIATION ............................................... ...............................
17
Section 6.1
Non - appropriation; Termination of Financing Lease ........................
17
Section 6.2
Remedies of VRA ............................................... ...............................
17
Section 6.3
Reinstatement ...................................................... ...............................
18
ARTICLE VII OPERATION AND USE OF 2013 FINANCED PROPERTY, REAL
ESTATE AND IMPROVEMENTS ............................... ...............................
18
Section 7.1
Maintenance; Continuous Operation .................. ...............................
18
Section 7.2
Additions and Modifications ............................... ...............................
18
Section 7.3
Use of 2013 Financed Property, Real Estate and the
Improvements ..................................................... ...............................
18
Section 7.4
Inspection of 2013 Financed Property, Real Estate and the
Improvements and Local Government's Books and Records ............
19
Section 7.5
Transfer of Permits to VRA ................................ ...............................
19
Section 7.6
Sale or Encumbrance .......................................... ...............................
19
Section 7.7
Lawful Charges ................................................... ...............................
19
Section 7.8
Environmental Responsibilities .......................... ...............................
20
ARTICLE VIII INSURANCE, DAMAGE AND DESTRUCTION ........ ...............................
20
Section8.1
Insurance ............................................................. ...............................
20
Section 8.2
Requirements of Policies .................................... ...............................
21
Section 8.3
Notice of Damage, Destruction or Condemnation .............................
22
Section 8.4
Damage and Destruction ..................................... ...............................
22
Section 8.5
Condemnation and Loss of Title ......................... ...............................
22
ARTICLE IX
SPECIAL COVENANTS ............................................... ...............................
22
Section9.1
Tax Covenants .................................................... ...............................
22
Section 9.2
Maintenance of Existence ................................... ...............................
23
Section 9.3
Financial Records and Statements ...................... ...............................
23
Section 9.4
Certificate as to No Default ................................ ...............................
23
Section 9.5
[Intentionally Omitted] ....................................... ...............................
23
Section 9.6
[Intentionally Omitted] ....................................... ...............................
23
Section 9.7
Further Assurances .............................................. ...............................
23
-ii-
Section9.8
Liability ............................................................... ...............................
23
Section 9.9
Assignment by Local Government ..................... ...............................
24
Section 9.10
Continuing Disclosure ........................................ ...............................
24
ARTICLE X DEFAULTS AND REMEDIES ..................................... ...............................
27
Section 10.1
Events of Default ................................................ ...............................
27
Section10.2
Remedies ............................................................... .............................28
Section 103
Other Remedies ................................................... ...............................
28
Section 10.4
Delay and Waiver ............................................... ...............................
29
Section 10.5
Non - Substitution ................................................... .............................29
ARTICLE XI MISCELLANEOUS ....................................................... ...............................
29
Section 11.1
State Aid Intercept .............................................. ...............................
29
Section 11.2
Successors and Assigns ....................................... ...............................
29
Section11.3
Amendments ....................................................... ...............................
29
Section 11.4
[Intentionally Omitted] ....................................... ...............................
29
Section 11.5
Applicable Law ................................................... ...............................
29
Section 11.6
Severability ......................................................... ...............................
29
Section11.7
Notices ................................................................ ...............................
30
Section 11.8
Right to Cure Default .......................................... ...............................
30
Section11.9
Headings ............................................................. ...............................
30
Section 11.10
Term of Financing Lease .................................... ...............................
30
Section11.11
Counterparts .......................................................... .............................30
Exhibit A
Description of Project
Exhibit B
Description of Real Estate
Exhibit C
Pending or Threatened Actions, Suits, Proceedings or Investigations
Exhibit D
Form of Requisition
Exhibit E
Operating Data
Exhibit F
Form of Opinion of Counsel to Local Government
Exhibit G
Form of Certification as to No Default
Schedule 1.1 Final Terms
-iii-
LOCAL LEASE ACQUISITION AGREEMENT AND AMENDED AND RESTATED
FINANCING LEASE
THIS LOCAL LEASE ACQUISITION AGREEMENT AND AMENDED AND
RESTATED FINANCING LEASE (this "Financing Lease ") is a deed of lease made as of June
27 2013, between the VIRGINIA RESOURCES AUTHORITY, a public body corporate and
a political subdivision of the Commonwealth of Virginia ( "VRA "), as Lessor, and the COUNTY
OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the
"Local Government "), as Lessee.
A. On June 30, 2004 VRA issued its Infrastructure Revenue Bonds (Virginia Pooled
Financing Program), Series 2004A (Non -AMT) (the "2004A VRA Bonds "), and loaned a portion
of the proceeds thereof to the Local Government pursuant to a Financing Lease dated as of June
1, 2004 between the Local Government and VRA (the "Prior Financing Lease ") to assist the
Local Government in financing the 2004 Project (as defined below).
B. VRA intends to issue its Infrastructure and State Moral Obligation Revenue
Bonds (Virginia Pooled Financing Program), Series 2013B, and to use a portion of the proceeds
thereof to assist the Local Government in financing the 2013 Project (as defined below).
C. VRA and the Local Government wish to set forth in this Financing Lease the
terms and conditions of certain modifications to the Prior Financing Lease and the financing of
the 2013 Project.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements hereinafter contained, VRA and the Local Government covenant and agree as
follows:
ARTICLE I
DEFINITIONS
Section 1.1 Definitions The capitalized terms contained in this Financing Lease shall
have the meanings set forth below unless the context otherwise requires:
"2004 Project" means the construction and equipping of a public safety building
constructed on the Real Estate.
"2004A VRA Bonds" has the meaning set forth in the Recitals hereto.
"2013 Financed Property" means the land, building, equipment and other property
financed or refinanced by this Financing Lease as part of the 2013 Project.
"2013 Project" means, collectively, the Refunding and the New Money Project.
"2013B Acquisition Fund" has the meaning set forth in the Twenty -Fifth Supplemental
Series Indenture.
"2013B VRA Bonds" means the Virginia Resources Authority Infrastructure and State
Moral Obligation Revenue Bonds (Virginia Pooled Financing Program), Series 2013B in the
original aggregate principal amount set forth in Schedule 1.1 hereto, and, unless the Local
Government receives notice to the contrary from VRA, any bonds issued by VRA to refund the
2013B VRA Bonds in whole or in part.
"Act" means the Virginia Resources Authority Act, Chapter 21, Title 62.1 of the Code of
Virginia of 1950, as amended.
"Closing Date" means August 14, 2013 or such other date as may be determined by
VRA and set forth in Schedule 1.1.
"Deed of Trust" has the meaning set forth in Section 3.3.
"Effective Date" means June 27, 2012, which is the deadline for the Local Government
to provide an executed copy of this Financing Lease to VRA.
"Event of Default" shall have the meaning set forth in Section 10.1.
"Event of Non - Appropriation" has the meaning set forth in Section 6.1.
"Financing Lease" means this Local Lease Acquisition Agreement and Amended and
Restated Financing Lease dated as of June 27, 2013 between VRA and the Local Government, as
modified, altered, amended or supplemented in accordance with the terms hereof.
"Fiscal Year" means the twelve -month period beginning July 1 of one year and ending
on June 30 of the following year or such other twelve -month period established by the Local
Government as its annual accounting period.
"Improvements" means the structures and improvements now or hereafter located or
situated on the Real Estate, whether or not pursuant to the undertaking of the Project.
"Insurance Consultant" means an independent insurance consultant experienced and of
recognized standing in the field of municipal insurance.
"Lease Proceeds Amount" has the meaning set forth in Schedule 1.1 attached hereto,
which has been determined by VRA. The Lease Proceeds Amount will be determined as
follows: by adding to or subtracting from the portion of the par amount of the Related 2013B
VRA Bonds, the Local Government's share of the net original issue premium or discount on the
2013B VRA Bonds, and by subtracting from the par amount of the Related 2013B VRA Bonds,
the Local Government's share of VRA's expenses as set forth in Section 3.2 and the Local
Government's share of the deposit on the Closing Date to a VRA Reserve.
"Leases" means, collectively, this Financing Lease and the Prime Lease.
-2-
"Local Account" means the Local Account established for this Financing Lease within
the 2013B Acquisition Fund.
"Local Authorization" means, collectively, (i) the ordinance no. 060804 -4 adopted on
June 8, 2004, authorizing the 2004 Project and the execution of the Prior Financing Lease, (ii)
the ordinance adopted on June 25, 2013, authorizing the 2013 Project and the execution and
delivery of this Financing Lease, and (iii) the ordinance adopted on June 25, 2013, authorizing
the Refunding, each adopted by a majority of the members of the governing body of the Local
Government.
"Local Representative" means (i) the Chairman or Vice - Chairman of the Board of
Supervisors of the Local Government (ii) the County Administrator of the Local Government or
(iii) any other official or employee of the Local Government authorized by a resolution or
ordinance of the governing body of the Local Government to perform the act or sign the
document in question.
"Local Tax Document" means the Amended and Restated Nonarbitrage Certificate and
Tax Compliance Agreement, dated the Closing Date between the Local Government and VRA,
as modified, altered, amended and supplemented.
"Master Indenture" means the Master Indenture of Trust dated as of December 1, 2003,
between VRA and the Trustee, as modified, altered, amended and supplemented in accordance
with its terms.
"Maximum Authorized Principal Amount" means the maximum par amount of the
principal components of Rental Payments of $8,795,000, as set forth in the Local Authorization
authorizing the New Money Project.
"Maximum Authorized TIC" means the maximum true interest cost associated with
this Financing Lease of 4.00% per annum (exclusive of Supplemental Interest).
"New Money Project" means the financing of all or a portion of the costs (or to
reimburse the Local Government for payment of such costs) of the acquisition, construction and
equipping of a new public library in the Town of Vinton, Virginia.
"Prime Lease" means the Amended and Restated Prime Lease, dated as of the date
hereof, between the Local Government and VRA, as modified, altered, amended and
supplemented in accordance with its terms and the terms of this Financing Lease.
"Prior Financing Lease" has the meaning set forth in the Recitals hereto.
"Proceeds Requested" means the sum of $8,218,350 which is the amount of lease
proceeds requested by the Local Government for the New Money Project and in connection with
the sale by the Local Government and the acquisition by VRA of this Financing Lease.
"Project" means, collectively, the 2004 Project and the 2013 Project.
-3-
"Project Budget" means, collectively, the budgets for the 2004 Project and the 2013
Project which are each set forth in Schedule 1.1
"Project Costs" means the costs of the Project to the extent such costs are included in
the definition of "cost" set forth in Section 62.1 -199 of the Act, and includes the refunding of
obligations of VRA or the Local Government issued to finance or refinance "costs" set forth in
Section 62.1 -199 of the Act.
"Real Estate" means the real estate described in Exhibit B attached hereto, on which the
2004 Project was constructed and on which the 2013 Project will be constructed.
"Refunding" means the refunding of a portion of the outstanding principal components
of the Rental Payments under the Prior Financing Lease.
"Related 2004A VRA Bonds" means the portion of the 2004A VRA Bonds allocable to
the Prior Financing Lease (as determined by VRA), including any bonds issued by VRA to
refund such 2004A VRA Bonds in whole or in part.
"Related 2013B VRA Bonds" means the portion of the 2013B VRA Bonds allocable to
this Financing Lease (as determined by VRA), including any bonds issued by VRA to refund
such 2 013 B VRA Bonds in whole or in part.
"Rental Payments" means the rental payments due to VRA from the Local Government
pursuant to Section 5. 1, including, but not limited to, Supplemental Interest.
"Sale Date" means July 31, 2013 or such other date as specified in Schedule 1.1
"Second Supplemental Series Indenture" means the Second Supplemental Series
Indenture of Trust dated as of June 1, 2004, between VRA and the Trustee, as modified, altered,
amended and supplemented in accordance with its terms and those of the Master Indenture.
"Supplemental Interest" shall have the meaning set forth in Section 5.1(b).
"Targeted Savings" means an aggregate net present value debt service savings of not
less than 3.00% with respect to the Refunding.
"Trustee" means U.S. Bank National Association, Richmond, Virginia, as trustee under
the Master Indenture and the Twenty -Fifth Supplemental Series Indenture, or its successors
serving in such capacity.
"Twenty -Fifth Supplemental Series Indenture" means the Twenty -Fifth Supplemental
Series Indenture of Trust dated as of August 1, 2013 between VRA and the Trustee, as modified,
altered, amended and supplemented in accordance with its terms and those of the Master
Indenture.
"Virginia SNAP" means the Commonwealth of Virginia State Non - Arbitrage Program.
I
"VRA" means the Virginia Resources Authority, a public body corporate and a political
subdivision of the Commonwealth of Virginia.
"VRA Bonds" means the 2004A VRA Bonds, the 2013B VRA Bonds and any
additional Series of Bonds issued under the Master Indenture.
"VRA Reserve" means any one or more of the Capital Reserve Fund, the Infrastructure
Debt Service Reserve Fund, the Operating Reserve Fund, a CRF Credit Facility or an
Infrastructure Revenue DSRF Facility, each as defined in the Master Indenture.
Section 1.2 Rules of Construction The following rules shall apply to the
construction of this Financing Lease unless the context requires otherwise:
vice versa.
(a) Singular words shall connote the plural number as well as the singular and
(b) Words importing the redemption or calling for redemption of this
Financing Lease shall not be deemed to refer to or connote the payment of this Financing Lease
at its stated maturity.
(c) All references in this Financing Lease to particular Articles, Sections or
Exhibits are references to Articles, Sections or Exhibits of this Financing Lease unless otherwise
indicated.
(d) The headings and table of contents as used in this Financing Lease are
solely for convenience of reference and shall not constitute a part of this Financing Lease nor
shall they affect its meaning, construction or effect.
ARTICLE II
REPRESENTATIONS
Section 2.1 Representations by VRA VRA makes the following representations as
the basis for its undertakings under this Financing Lease:
(a) VRA is a duly created and validly existing public body corporate and a
political subdivision of the Commonwealth of Virginia vested with the rights and powers
conferred upon it under the Act.
(b) VRA has full right, power and authority to (i) issue, sell and deliver the
2013B VRA Bonds, (ii) direct the Trustee to transfer a portion of the proceeds of the 2013B
VRA Bonds to the Local Government as contemplated under the Twenty-Fifth Supplemental
Series Indenture and this Financing Lease, (iii) execute, enforce and deliver the Leases and the
Twenty-Fifth Supplemental Series Indenture, and (iv) carry out and consummate all other
transactions contemplated by the Leases and the Twenty -Fifth Supplemental Series Indenture.
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(c) When executed and delivered by VRA, the Leases will have been duly
authorized, executed and delivered by VRA and will constitute legal, valid and binding
obligations of VRA enforceable against VRA in accordance with their terms.
Section 2.2 Representations by Local Government. The Local Government makes
the following representations as the basis for its undertakings under this Financing Lease:
(a) The Local Government is a duly created and validly existing Virginia
"local government" (as defined in Section 62.1 -199 of the Act) and is vested with the rights and
powers conferred upon it by Virginia law.
(b) The Local Government has full right, power and authority to (i) adopt the
Local Authorization and execute and deliver the Leases and all related documents, (ii) lease the
Real Estate and Improvements to VRA pursuant to the Prime Lease and to lease the Real Estate
and Improvements back from VRA pursuant to this Financing Lease, (iii) undertake the Project,
and (iv) carry out and consummate all of the transactions contemplated by the Local
Authorization and the Leases.
(c) This Financing Lease was duly authorized by the Local Authorization and
is in substantially the same form as presented to the Local Government's governing body at its
meeting on June 25, 2013.
(d) All governmental permits, licenses, registrations, certificates,
authorizations and approvals required to have been obtained as of the Effective Date have been
obtained for (i) the Local Government's adoption of the Local Authorization, (ii) the execution
and delivery of the Leases, (iii) the Local Government's performance of its obligations under the
Leases and (iv) the undertaking of the Project. The Local Government knows of no reason why
any such required governmental permits, licenses, registrations, certificates, authorizations or
approvals not necessary to be obtained by such date cannot be obtained as required in the future.
(e) This Financing Lease has been executed and delivered by duly authorized
officials of the Local Government and constitutes a legal, valid and binding obligation of the
Local Government enforceable against the Local Government in accordance with its terms.
(f) The execution and delivery of the Leases and the performance by the
Local Government of its obligations thereunder are within the powers of the Local Government
and will not conflict with, or constitute a breach or result in a violation of, (i) to the best of the
Local Government's knowledge, any federal or Virginia constitutional or statutory provision,
including the Local Government's charter or articles of incorporation, if any, (ii) any agreement
or other instrument to which the Local Government is a party or by which it is bound or (iii) any
order, rule, regulation, decree or ordinance of any court, government or governmental authority
having jurisdiction over the Local Government or its property.
(g) The Local Government is not in default in the payment of the principal of
or interest on any of its indebtedness for borrowed money and is not in default under any
instrument under and subject to which any indebtedness for borrowed money has been incurred.
No event or condition has happened or existed, or is happening or existing, under the provisions
M
of any such instrument, including but not limited to this Financing Lease, which constitutes, or
which, with notice or lapse of time, or both, would constitute an event of default thereunder.
(h) The Local Government (i) to the best of the Local Government's
knowledge, is not in violation of any existing law, rule or regulation applicable to it in any way
which would have a material adverse effect on its financial condition or its ability to perform its
obligations under the Leases and (ii) is not in default under any indenture, mortgage, deed of
trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or
restriction of any kind to which the Local Government is a party or by which it is bound or to
which any of its assets is subject, which would have a material adverse effect on its financial
condition or its ability to perform its obligations under the Leases. The execution and delivery
by the Local Government of the Leases and the compliance with the terms and conditions thereof
will not conflict with or result in a breach of or constitute a default under any of the forgoing.
(i) Except as may otherwise be approved by VRA or permitted by the terms
of the Leases, the Real Estate and the Improvements at all times are and will be owned by the
Local Government and will not be operated or controlled by any other entity or person.
0) Except as set forth in Exhibit C , there are not pending nor, to the best of
the Local Government's knowledge, threatened against the Local Government, any actions, suits,
proceedings or investigations of a legal, equitable, regulatory, administrative or legislative
nature, (i) affecting the creation, organization or existence of the Local Government or the title
of its officers to their respective offices, (ii) seeking to prohibit, restrain or enjoin the approval,
execution, delivery and /or performance of the Local Authorization and /or the Leases, (iii) In any
way contesting or affecting the validity or enforceability of the Local Authorization, the Leases
or any agreement or instrument relating to any of the foregoing, (iv) in which a judgment, order
or resolution may have a material adverse effect on the Local Government or its business, assets,
condition (financial or otherwise), operations or prospects or on its ability to perform its
obligations under the Local Authorization or the Leases, or (v) related to the Project or the
undertaking thereof.
(k) No material adverse change has occurred in the Local Government's
financial condition as indicated in the financial statements, applications and other information
furnished to VRA in connection with this Financing Lease.
(1) Nothing that would constitute an Event of Default hereunder has occurred
and is continuing.
ARTICLE III
ACQUISITION AND LEASE OF REAL ESTATE
Section 3.1 Acquisition of Financing Lease Subject to the terms and conditions and
in reliance upon the representations, warranties and agreements set forth or incorporated herein,
VRA hereby agrees to loan, solely from the proceeds of the 2004A VRA Bonds or the 2013B
VRA Bonds, as applicable, to the Local Government, and the Local Government agrees to
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borrow from VRA, pursuant to the terms of this Financing Lease the aggregate principal
components of Rental Payments determined by VRA to be fair, that, subject to VRA's Loan
Pricing Objective (as defined below) and market conditions described below, and the parameters
contained in the Local Authorization.
The Local Government is executing this Financing Lease pursuant to the Local
Authorization. On or before the date hereof, the Local Government has delivered to VRA a copy
of the Local Authorization as adopted.
The Local Government acknowledges that VRA has advised the Local Government that
its objective is to pay the Local Government a Lease Proceeds Amount with respect to this
Financing Lease which in VRA's judgment reflects the market value of this Financing Lease
( "Loan Pricing Objective ") taking into consideration such factors as the purchase price received
by VRA for the 2013B VRA Bonds, the underwriters' discount and other issuance costs of the
2013B VRA Bonds and other market conditions relating to the sale of the 2013B VRA Bonds.
The Local Government further acknowledges that VRA has advised it that such factors may
result in this Financing Lease having a value other than par and that in order to receive a Lease
Proceeds Amount that is substantially equal to the Proceeds Requested with respect to the New
Money Project and the Targeted Savings with respect to the Refunding, the Local Government
may need to enter into this Financing Lease providing for aggregate principal components of
Rental Payments in an amount that is greater or less than the Proceeds Requested with respect to
the New Money Project and the Targeted Savings with respect to the Refunding. The Local
Government, at the request of VRA, agrees to enter into this Financing Lease providing for
aggregate principal components of Rental Payments not in excess of the Maximum Authorized
Principal Amount and the interest component of Rental Payments reflecting a true interest cost
not in excess of the Maximum Authorized TIC to provide, to the fullest extent practicable given
VRA's Loan Pricing Objective, a Lease Proceeds Amount with respect to this Financing Lease
that is substantially equal to the Proceeds Requested. The Local Government acknowledges that
the Lease Proceeds Amount will be less than the Proceeds Requested should the Maximum
Authorized Principal Amount be insufficient, based upon VRA's Loan Pricing Objective, to
generate a Lease Proceeds Amount substantially equal to the Proceeds Requested.
Section 3.2 Issuance Expenses VRA will pay, or cause to be paid, from the proceeds
of the 2013B VRA Bonds, all expenses incident to the performance of its obligations under and
the fulfillment of the conditions imposed by this Financing Lease in connection with the
issuance, sale and delivery of the 2013B VRA Bonds and the purchase of this Financing Lease
on the Closing Date, including, but not limited to: (i) the cost, if any, of preparing and delivering
the 2013B VRA Bonds, (ii) the cost of preparing, printing and delivering the Preliminary Official
Statement and the Official Statement for the 2013B VRA Bonds and any amendment or
supplement thereto; (iii) the fees and expenses of the financial advisor(s) and bond counsel to
VRA; and (iv) all other costs and expenses incurred by VRA. All expenses of the Local
Government in connection with the execution, delivery and sale of this Financing Lease on the
Closing Date, including, but not limited to the fees and disbursements of the financial advisor,
counsel and bond counsel to the Local Government will be paid by the Local Government from
the Lease Proceeds Amount or other funds of the Local Government.
In
Section 3.3 Lease to Local Government In order to effectuate the purposes of this
Financing Lease, the Local Government shall make, execute, acknowledge and deliver, or cause
to be made, executed, acknowledged and delivered, all contracts, deeds and other agreements in
the name of the Local Government and, in general, to do or cause to be done all such other things
as may be requisite or proper for the undertaking and completion of the Project, the lease of the
Real Estate and the Improvements to VRA pursuant to the Prime Lease and the fulfillment of the
obligations of the Local Government under this Financing Lease.
As of and on the Closing Date, VRA hereby agrees to lease to the Local
Government and the Local Government hereby agrees to rent from VRA, the Real Estate and the
Improvements and the Local Government agrees to pay the Rental Payments set forth in Section
5. 1, all on the terms and conditions set forth in this Financing Lease. As of and on the Closing
Date, the Local Government shall be entitled to possession of the Real Estate and the
Improvements and the Local Government may retain possession of the Real Estate and the
Improvements as long as there shall not have occurred an Event of Default or an Event of Non -
Appropriation.
During the term of this Financing Lease, title to the Real Estate and the
Improvements shall be deemed to be in the Local Government, subject to the rights of VRA
under this Financing Lease. To secure all obligations of the Local Government hereunder, the
Local Government hereby grants to VRA a security interest in and to all of the Local
Government's right, title and interest in and to all personal property and fixtures constituting a
portion of the Real Estate and the Improvements including substitutions and replacements
therefor, and all proceeds (cash and otherwise), including the proceeds of insurance. The Local
Government agrees that with respect to such property VRA shall have all the rights and remedies
of a secured party under the Virginia Uniform Commercial Code.
The Local Government acknowledges that on the Closing Date VRA will grant to
the Trustee a leasehold interest in the Real Estate and the Improvements pursuant to an Amended
and Restated Leasehold Deed of Trust and Security Agreement (the "Deed of Trust ") between
VRA and the Deed of Trust Trustee (as defined therein) on behalf of the Trustee.
Section 3.4 Lease Term The term of this Financing Lease shall commence on the
Closing Date and, subject to the provisions of Section 6.1, shall continue until the earlier of (i)
October 1, 20 [3 3 ] (provided that all of the Rental Payments specified in Schedule 1.1 have been
paid in full) or (ii) the date on which redemption, prepayment or refunding is made pursuant to
Section 5.2.
Section 3.5 Schedule 1.1 A completed copy of Schedule 1.1 hereto setting forth the
Rental Payment schedules, including the principal and interest components thereof, the Lease
Proceeds Amount, the Closing Date, the Project Budget and the principal amount of the 2013B
VRA Bonds, shall be completed by VRA on or after the Sale Date. The completed Schedule 1.1
shall be delivered to the Local Government and attached to this Financing Lease. Upon delivery
to the Local Government, the completed Schedule 1.1 shall become a part of this Financing
Lease the same as if it were a part hereof on the Effective Date.
In
Section 3.6 Conditions Precedent VRA shall not require the Trustee to deposit the
Lease Proceeds Amount into the Local Account, pursuant to Section 4. 1, unless:
(a) VRA has received as of the Closing Date the following, all in form and
substance satisfactory to VRA:
(1) Certified copies of the Local Authorization and all other
ordinances and resolutions of the Local Government relating to this Financing Lease;
(2) A certificate of appropriate officials of the Local Government
dated the Closing Date as to the matters set forth in Section 2.2, including references to
both Leases and the Local Tax Document, as applicable, and such other matters as VRA
may reasonably require;
(3) A certificate of the Local Representative to the effect that the
Lease Proceeds Amount and funds available from other sources specified in the Project
Budget will be sufficient to pay the estimated Project Costs, and specifying the date the
Local Government is expected to complete the New Money Project;
(4) Evidence that the Local Government is in compliance with the
insurance provisions set forth in Sections 8.1 and 8.2 as of the Closing Date;
(5) Evidence that the Local Government is in compliance with the
construction contract provisions set forth in Section 4.5 as of the Closing Date;
(6) Evidence that the Local Government has performed and satisfied
all of the terms and conditions contained in this Financing Lease to be performed and
satisfied by it as of the Closing Date;
(7) An opinion of counsel to the Local Government in substantially the
form attached as Exhibit F;
(8) An opinion of bond counsel to the Local Government in form and
substance reasonably satisfactory to VRA;
(9) Original executed counterparts of the Prime Lease and the Local
Tax Document;
(10) A Phase I environmental report on the Real Estate and/or an
environmental questionnaire, in form and substance satisfactory to VRA;
(11) Such other documentation, certificates and opinions as VRA may
reasonably require, as set forth in Schedule 1.1; and
(b) The initial purchasers of the 2013B VRA Bonds shall have paid in full and
VRA shall have accepted the purchase price for the 2013B VRA Bonds on the Closing Date. It
is understood that the sole source of funds to pay the Lease Proceeds Amount is a portion of the
proceeds of the 2013B VRA Bonds.
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Section 3.7 Transfer Upon Termination After all payments have been made
pursuant to Section 5.1 or prepayment has been made pursuant to Section 5.2, the Local
Government shall be deemed to have acquired all of VRA's right, title and interest in the Real
Estate and the Improvements and the Prime Lease. In such event, and upon request, VRA will
execute and deliver to the Local Government an appropriate instrument assigning, transferring
and conveying to the Local Government all of VRA's right, title and interest in the Prime Lease
and the Real Estate and the Improvements free from any lien, encumbrance or security interest
except such as may be created or permitted by the Local Government, but without other
warranties, and shall enter into an appropriate instrument terminating this Financing Lease.
Section 3.8 Disclaimer of Warranty The Project is being undertaken at the Local
Government's request and by the Local Government. VRA MAKES NO REPRESENTATION
OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE
MERCHANTABILITY, CONDITION OR FITNESS OF THE NEW MONEY PROJECT OR
OF THE REAL ESTATE OR THE IMPROVEMENTS FOR THE LOCAL GOVERNMENT'S
PURPOSES.
Section 3.9 Obligations of the Local Government Unconditional Except as
otherwise provided in this Financing Lease, including without limitation Section 3.10, the
obligation of the Local Government to make all payments pursuant to this Financing Lease and
to observe and perform all other covenants, conditions and agreements under the Leases shall be
absolute and unconditional, irrespective of any rights of setoff, recoupment or counterclaim the
Local Government otherwise might have against VRA, and the Local Government shall not
suspend or discontinue any such payments or fail to observe and perform any of its other
covenants, conditions and agreements under the Leases.
Section 3.10 Appropriation of Rental Payments by Local Government The Local
Government reasonably believes that sufficient funds can be obtained to make all payments
required under the term of this Financing Lease. While recognizing that it is not empowered to
make any binding commitment beyond the current Fiscal Year, the Local Government hereby
states that it is its current intention to make sufficient annual appropriations during the term of
this Financing Lease to make such payments. Notwithstanding anything in this Financing Lease
to the contrary, the Local Government's obligations to pay the cost of performing its obligations
under this Financing Lease, including, without limitation, its obligations to make Rental
Payments and all other payments required under this Financing Lease, shall be subject to and
dependent upon annual appropriations being made from time to time by the governing body of
the Local Government and, subsequently by the Local Government, for such purpose. The Local
Government hereby directs the County Administrator or other officer charged with the
responsibility for preparing the Local Government's budget to include in the budget for each
Fiscal Year during which this Financing Lease is in effect a request that the Local Government
appropriate in the Fiscal Year the amount of the Rental Payments and all amounts required to be
paid under this Financing Lease during such Fiscal Year.
Section 3.11 No Assignment Except as permitted herein or contemplated by the
Leases, the Local Government covenants that it will not assign this Financing Lease or any
interest herein, without the prior written consent of VRA.
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Section 3.12 Title to Real Estate This Financing Lease is intended for security. For
purposes of laws governing taxation, title to the Real Estate and the Improvements will be
deemed to be in the Local Government at all times, subject to VRA's right to possession upon the
occurrence of an Event of Default or an Event of Non - Appropriation.
Section 3.13 Net Lease. This Financing Lease is intended to be a net lease to VRA.
The Local Government shall comply with and pay or cause to be paid the cost of all repairs,
replacements and renewals, the cost of insurance, all utility and other charges and all taxes (local,
state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental,
sale, purchase, possession or use of the Real Estate and the Improvements. If the Local
Government fails to pay or cause to be paid such costs, charges or taxes when due, VRA, after
giving the Local Government notice and a reasonable opportunity to cure, shall have the right,
but shall not be obligated, to pay the same. If VRA pays any such costs, charges or taxes for
which the Local Government is responsible or liable under this Financing Lease, VRA shall be
entitled to be reimbursed promptly therefor by the Local Government in accordance with the
provisions of Section 11.8 hereof.
ARTICLE IV
USE OF LEASE PROCEEDS
Section 4.1 Deposit of Lease Proceeds Amount; Investment of Amounts in Local
Account. (a) On the Closing Date, VRA shall cause the Trustee to deposit the Lease Proceeds
Amount into the Local Account and to apply the Lease Proceeds Amount and the earnings
thereon as set forth in the Twenty -Fifth Supplemental Series Indenture, this Financing Lease and
the Local Tax Document.
(b) The Local Government acknowledges and consents to the investment of
the Lease Proceeds Amount related to the New Money Project and the earnings thereon in
Virginia SNAP.
Section 4.2 Agreement to Accomplish Proiect. (a) The Local Government agrees to
cause the Project to be undertaken and, subject to Section 3.10, financed in accordance with the
Project Budget. The Local Government shall use its best efforts to complete the New Money
Project by the date set forth in the certificate delivered under Section 3.6(a)(3). All plans,
specifications and designs shall be approved by all applicable regulatory agencies. The Local
Government agrees to maintain complete and accurate books and records of the Project Costs
and permit VRA or the Trustee through their duly authorized representatives to inspect such
books and records at any reasonable time.
(b) When the New Money Project has been completed, the Local Government
shall promptly deliver to VRA and the Trustee a certificate signed by a Local Representative
stating (i) that the New Money Project has been completed substantially in accordance with this
Section and in substantial compliance with all material applicable laws, ordinances, rules and
regulations, (ii) the date of such completion, and (iii) that all certificates of occupancy or other
material permits then necessary for the New Money Project's use, occupancy and operation have
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been issued or obtained. Such certificate shall be accompanied by a copy of the final requisition
submitted to the Trustee pursuant to Section 4.3, including Schedule I thereto.
(c) If, upon the completion of the Project, there remain in the Local Account
amounts that will not be necessary to pay Project Costs, the Trustee will then apply any
remaining balance at the direction of the Local Government in such manner as will not, in the
opinion of bond counsel delivered to VRA and the Trustee, have an adverse effect on the tax-
exempt status of the 2004A VRA Bonds or the 2013B VRA Bonds.
Section 4.3 Disbursement of Lease Proceeds and Earnings. The Local Government
agrees that amounts in the Local Account will be applied solely and exclusively to the payment
or reimbursement of the Local Government for the Project Costs. Disbursements shall be made
by the Trustee to the Local Government not more frequently than once each calendar month
(unless otherwise agreed by VRA, the Trustee and the Local Government) upon receipt by the
Trustee and VRA of the following:
(a) A requisition (upon which the Trustee and VRA shall be entitled to rely)
signed by a Local Representative and containing all information called for by, and otherwise
being in the form of, Exhibit D (including Schedule 1 thereto, if necessary).
(b) Receipts, vouchers, statements, bills of sale or other evidence of payment
of the Project Costs for which reimbursement is being requested.
(c) If any requisition includes an item for payment for labor or to contractors,
builders or materialmen:
(1) a certificate, signed by a Local Representative, stating that such
work was actually performed or such materials, supplies or equipment were actually
furnished or installed; and
(2) a certificate, signed by a Local Representative, stating that no
notice of any lien, right to lien or attachment upon, or claim affecting the right to receive
payment of, any of the money payable under the requisition to any of the persons, firms
or corporations named in it has been received, or if any notice of any such lien,
attachment or claim has been received, such lien, attachment or claim has been released
or discharged or will be released or discharged upon payment of the requisition.
(d) If any requisition includes an item for payment of the cost of acquisition
of any lands or easements, rights or interests in or relating to lands, there shall also be attached to
such requisition:
(1) a certificate, signed by a Local Representative, stating that such
lands, easements, rights or interests are being acquired and are necessary or convenient
for the construction of such New Money Project; and
(2) a certificate, signed by a Local Representative, stating that upon
payment therefor the Local Government will have title in fee simple to, or easements,
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rights or interests sufficient for the purposes of, the Project over and through the subject
lands.
Following VRA's approval of each such requisition and accompanying invoices and
certificate or certificates, which approval will not unreasonably be withheld, the Trustee shall
make payment in accordance with such requisition from the Local Account.
The Local Government agrees that any amounts disbursed to it or for its account
from the Local Account will be (i) immediately applied to reimburse the Local Government
for Project Costs it has already incurred and paid or (ii) actually spent to pay Project Costs
not later than five banking days after receipt.
Section 4.4 Permits The Local Government shall at its sole cost and expense apply
for and obtain or cause to be applied for and obtained all permits, consents and approvals
required by local, state or federal laws, ordinances, rules, regulations or requirements in
connection with the acquisition, construction, equipping, occupation, operation or use of the New
Money Project and the Real Estate and the Improvements. The Local Government shall, upon
request, promptly furnish to VRA and the Trustee copies of all such permits, consents and
approvals.
Section 4.5 Construction Contractors Each general construction contractor
employed in the accomplishment of the New Money Project shall be required in the construction
contract to furnish a performance bond and a payment bond each in an amount equal to 100% of
the particular contract price. Such bonds shall list the Local Government, VRA and the Trustee
as beneficiaries. Neither VRA nor the Trustee shall make any claims or exercise any rights
under such bonds unless and until an Event of Default occurs hereunder. Each contractor shall
be required to maintain during the construction period covered by the particular construction
contract builder's risk insurance, workmen's compensation insurance, public liability insurance,
property damage insurance and vehicle liability insurance in amounts and on terms satisfactory
to VRA.
Section 4.6 [Intentionally Omitted] .
Section 4.7 Local Government Required to Complete Project If the Lease
Proceeds Amount and the earnings thereon are not sufficient to pay in full the cost of the Project,
the Local Government will complete the Project at its own expense from lawfully available and
appropriated funds and shall not be entitled to any reimbursement therefor from VRA or any
abatement, diminution or postponement of its payments under this Financing Lease.
Section 4.8 Payments and Rights Assitned The Local Government consents to
VRA's assignment to the Trustee of VRA's rights under this Financing Lease. The Local
Government also acknowledges and consents to the reservation by VRA of the right and license
to enjoy and enforce VRA's rights under this Financing Lease so long as no Event of Default (as
defined in the Master Indenture) with respect to the 2004A VRA Bonds and /or the 2013B VRA
Bonds shall have occurred and be continuing. The Local Government agrees to pay directly to
the Trustee all amounts payable by the Local Government under this Financing Lease (except for
those amounts due under Section 11.8, which are payable directly to VRA).
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ARTICLE V
PAYMENT AND REDEMPTION
Section 5.1 Payment of Rental Payments and Related Amounts (a) Until all
amounts payable pursuant to this Financing Lease have been paid in full, the Local Government
agrees to pay VRA or the Trustee, subject to Section 3.10 and Article VI, the following amounts
as provided below:
(1) To the Trustee, all amounts specified in Schedule 1.1 on such dates
as provided in Schedule 1.1 The term "interest," as used in Schedule 1.1 shall include
Supplemental Interest, when and if payable.
(2) To the Trustee, on VRA's demand, any amounts payable under the
Local Tax Document, including without limitation the cost of any rebate calculation
agent.
(3) To VRA on its demand, a late payment penalty in an amount equal
to 5.0% of any Rental Payment not paid within 10 days after its due date.
(4) To the Trustee, the Local Government's share (as determined by
VRA) of the annual fees and expenses of the Trustee, less the Local Government's share
of the net earnings on the Revenue Fund, Infrastructure Revenue Debt Service Fund and
Moral Obligation Debt Service Fund established under the Master Indenture (as
determined by VRA). Any such payment will be due and payable no later than 15 days
after VRA or the Trustee sends to the Local Government a written bill for it.
(5) To VRA, to the extent permitted by law and subject to
appropriation from legally available funds, the reasonable costs and expenses, including
reasonable attorneys' fees, if any, incurred by VRA in connection with an Event of
Default, Event of Non - Appropriation or default by the Local Government under this
Financing Lease, or in connection with any amendment to or discretionary action that
VRA undertakes at the request of the Local Government under this Financing Lease or
any other document related to the 2004A VRA Bonds, the 2013B VRA Bonds or this
Financing Lease. Any such payment will be due and payable no later than 15 days after
VRA or the Trustee sends to the Local Government a written bill for it.
(b) If any failure of the Local Government to pay all or any portion of any
Rental Payments results in a withdrawal from or a drawing on any VRA Reserve, the interest
rate components of the Rental Payments shall be increased to reflect interest rates sufficient to
reimburse the VRA Reserve for any foregone investment earnings and /or pay any interest, fees
or penalties assessed as a result of the withdrawal from or drawing on the VRA Reserve. The
increment of interest payable pursuant to the increase in rates shall be referred to as
"Supplemental Interest." The Local Government's obligation to pay Supplemental Interest shall
commence on the date of VRA's withdrawal or drawing of funds from the VRA Reserve
occasioned by the Local Government's failure to pay a required payment or portion thereof as
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described above (the "Supplemental Interest Commencement Date "). The Local Government's
obligation to pay Supplemental Interest shall terminate on the date on which the Local
Government remedies such failure to pay by making all payments required but outstanding since
the date of such failure to pay (the "Supplemental Interest Termination Date "). From the
Supplemental Interest Commencement Date to the Supplemental Interest Termination Date,
Supplemental Interest shall be due and payable on the regularly scheduled payment dates
provided for in Schedule 1.1 As soon as reasonably possible after the Supplemental Interest
Commencement Date and before the next regularly scheduled payment date provided for in
Schedule 1.1 VRA shall deliver to the Local Government a certificate as to the increase in
interest rates and the amount of Supplemental Interest. The certificate shall set forth in
reasonable detail the basis for the increase in interest rates and the manner of calculation of the
increase and the amount of Supplemental Interest. Such certificate shall be conclusive (absent
manifest error) as to the interest rate increase and amount of Supplemental Interest set forth
therein. In determining the interest rate increase and the amount of Supplemental Interest, VRA
may use any reasonable averaging and attribution methods.
(c) The Local Government's obligations to pay the amounts described above
and to make Rental Payments, subject to Section 3. 10, shall not be discharged in whole or in part
by any amount withdrawn from or drawn on a VRA Reserve pursuant to the Master Indenture.
The Local Government will remain obligated, subject to Section 3.10, to make its Rental
Payments.
Section 5.2 Redemption, Prepayment and Refunding (a) Other than as set forth in
subsections (b) and (c) below, the Local Government may not defease, redeem, prepay or refund
the Local Government's obligation under this Financing Lease without the written consent of
VRA. Any defeasance, redemption, prepayment or refunding of the Local Government's
obligations under this Financing Lease that is approved by VRA shall occur in such manner and
in such amount, and shall be subject to such conditions as VRA shall determine.
(b) VRA will cancel and return this Financing Lease to the Local Government
upon satisfaction of the following conditions:
(1) The Local Government will provide not less than 90 days' prior
written notice of the deposit of the funds described in (2), (3) and (4) below.
(2) The Local Government will deposit with the Trustee an amount
sufficient for VRA to establish an escrow of cash and United States Treasury
Securities State and Local Government Series ( "SLGs ") the principal of and interest on
which will be sufficient (without reinvestment) to cause the defeasance in full of the
principal of and redemption premium, if any, and interest on the portion of the Related
2004A VRA Bonds or the Related 2013B Bonds, as applicable, under Article XII of the
Master Indenture. The defeasance of the Related 2004A VRA Bonds or the Related
2013B Bonds, as applicable, may be either to maturity or an earlier redemption date as
determined by the Local Government subject to the redemption provisions of the Related
2004A VRA Bonds or the Related 2013B Bonds, as applicable. The Local Government
acknowledges that no funds in any VRA Reserve will be available to the Local
Government for any deposit under this subsection (b). The arbitrage yield restrictions, if
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any, applicable to the Related 2004A VRA Bonds or the Related 2012B VRA Bonds
shall also apply to any SLGs purchased in connection with a defeasance under this
subsection.
(3) The Local Government will deposit with VRA cash in an amount
sufficient, as determined by VRA, to provide for the payment of the cost of the
verification report required for the defeasance of the Related VRA Bonds under Article
XII of the Master Indenture any costs incurred by VRA in connection with the
redemption, refunding and defeasance of the Related 2004A VRA Bonds or the Related
2013B VRA Bonds and all amounts overdue or then due on this Financing Lease
(including, without limitation, any Supplemental Interest) and amounts overdue, due or to
become due under Section 51(a)(2) -(5) of this Financing Lease.
(4) The Local Government will deposit with VRA cash in an amount
equal to the present value of interest as described in Schedule 1.1 that would be paid
under this Financing Lease at a rate equal to 0.125 %, payable semiannually, to the end of
the term of this Financing Lease or, if earlier, the redemption date of the Related 2004A
VRA Bonds or the 2013B VRA Bonds. Present value shall be determined by using a
discount rate equal to the true interest cost of the Related 2004A VRA Bonds or the
Related 2013B VRA Bonds, as applicable.
(c) VRA shall permit the defeasance, redemption, prepayment or purchase of
this Financing Lease out of amounts remaining in the Local Account as described in Section
4.2(c); provided that any such defeasance, redemption or prepayment of this Financing Lease
results in the defeasance, redemption or prepayment of the corresponding principal amount and
maturities of the Related 2004A VRA Bonds or the Related 2013B VRA Bonds, as applicable, as
determined by VRA.
ARTICLE VI
NON - APPROPRIATION
Section 6.1 Non - Appropriation; Termination of Financing Lease If, as a result of
the failure of the Local Government to appropriate moneys for such purposes (an "Event of Non -
Appropriation"), the Local Government is unable to pay when due the Rental Payments and
other payments to be paid under this Financing Lease, VRA shall have the right to terminate this
Financing Lease upon 30 days' written notice of the exercise of its rights pursuant to this Section,
which notice shall specify the effective date for such termination; provided that such termination
shall be effective not later than the date through which rent has been paid in accordance with the
terms hereof.
Section 6.2 Remedies of VRA If, as a result of an Event of Non - Appropriation, the
Local Government is unable to pay when due the Rental Payments and other payments to be paid
under this Financing Lease, VRA, with or without terminating this Financing Lease, may
exclude the Local Government from possession of the Real Estate and /or the Improvements and
may sell its interest in, or lease or sublease the Real Estate and /or the Improvements in the
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manner provided for by Section 10.2(b) hereof or take any and all actions available to it under
Section 62.1 -216.1 of the Act; provided, however, that in connection with any such sale of its
interest in the Real Estate and /or the Improvements, or lease or sublease of the Real Estate and /or
the Improvements, VRA shall require that such sale agreement, lease or sublease contain a
provision providing that such purchaser, lessee or sublessee shall indemnify VRA and the Local
Government for any liabilities arising during such party's use of the Real Estate and /or the
Improvements. The Local Government agrees to assist VRA in every reasonable way in
reletting or selling VRA's leasehold interest in the Real Estate and /or the Improvements pursuant
to this Article VI.
Section 6.3 Reinstatement Notwithstanding any termination of this Financing Lease
in accordance with the provisions of Section 6.2, unless (i) VRA shall have sold its interest in the
Real Estate and /or the Improvements, or (ii) VRA shall have entered into a firm bilateral
agreement providing for the reletting of the Real Estate and /or the Improvements for a period of
at least one year, if all overdue Rental Payments and all other sums payable under this Financing
Lease and the other Leases shall have been paid, this Financing Lease shall be fully reinstated,
and the Local Government shall be restored to the use, occupancy and possession of the Real
Estate and /or the Improvements.
ARTICLE VII
OPERATION AND USE OF 2013 FINANCED PROPERTY,
REAL ESTATE AND IMPROVEMENTS
Section 7.1 Maintenance; Continuous Operation At its own cost and expense the
Local Government shall operate or cause to be operated the 2013 Financed Property and the
Improvements in a proper, sound and economical manner in compliance with all legal
requirements and shall maintain the Improvements in good repair and operating condition and
from time to time shall make all necessary repairs, renewals and replacements. The Local
Government shall continuously operate the Improvements during the term of this Financing
Lease.
Section 7.2 Additions and Modifications At its own expense the Local Government
from time to time may make any additions, modifications or improvements to the Real Estate
and /or the Improvements which it deems desirable and which do not materially reduce the value
of the Real Estate and /or the Improvements or the structural or operational integrity of any part
of the Improvements, provided that all such additions, modifications or improvements comply
with all applicable federal, state and local laws, rules, regulations, orders, permits, authorizations
and requirements. All such renewals, replacements, additions, modifications and improvements
shall become part of the Real Estate.
Section 7.3 Use of 2013 Financed Property, Real Estate and the Improvements
The Local Government shall comply or cause to be complied with all lawful requirements of any
governmental authority regarding the 2013 Financed Property, the Real Estate and the
Improvements, whether now existing or subsequently enacted, whether foreseen or unforeseen or
whether involving any change in governmental policy or requiring structural, operational or
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other changes to the 2013 Financed Property, the Real Estate and the Improvements, irrespective
of the cost of making the same.
Section 7.4 Inspection of the 2013 Financed Property, Real Estate and the
Improvements and Local Government's Books and Records. VRA, the Trustee and their
duly authorized representatives and agents shall have such reasonable rights of access to the
2013 Financed Property, the Real Estate and the Improvements as may be necessary to determine
whether the Local Government is in compliance with the requirements of this Financing Lease
and shall have the right at all reasonable times and upon reasonable prior notice to the Local
Government to examine and copy the Local Government's books and records insofar as such
books and records relate to the 2013 Financed Property, the Real Estate and the Improvements.
Section 7.5 Transfer of Permits to VRA The Local Government covenants to
transfer promptly any permits necessary for operation of the Real Estate and Improvements to (a)
VRA or VRA's designee, should VRA exercise its rights under Section 10.2(b) of this Financing
Lease or (b) the Trustee or the Trustee's designee, should the Trustee exercise its rights under the
Deed of Trust.
Section 7.6 Sale or Encumbrance. No part of the 2013 Financed Property or the
Real Estate, including the Improvements, shall be sold, exchanged, leased, subleased, mortgaged,
encumbered or otherwise disposed of except with the written consent of VRA.
Section 7.7 Lawful Charges. The Local Government shall pay or cause to be paid
when due all taxes, fees, assessments, levies and other governmental charges of any kind
whatsoever (collectively, the "Governmental Charges ") which are (i) assessed, levied or imposed
against the Real Estate and /or the Improvements or the Local Government's interest in it, or (ii)
incurred in the operation, maintenance, use and occupancy of the Real Estate and /or the
Improvements. The Local Government shall pay or cause to be discharged, or shall make
adequate provision to pay or discharge, all lawful claims and demands for labor, materials,
supplies or other objects which, if unpaid, might by law become a lien upon all or any part of the
Real Estate and /or the Improvements (collectively, the "Mechanics' Charges "). The Local
Government, however, after giving VRA ten days' notice of its intention to do so, at its own
expense and in its own name, may contest in good faith any Governmental Charges or
Mechanics' Charges. If such a contest occurs, the Local Government may permit the same to
remain unpaid during the period of the contest and any subsequent appeal unless, in VRA's
reasonable opinion, such action may impair the lien granted by this Financing Lease, in which
event, such Governmental Charges or Mechanics' Charges promptly shall be satisfied or secured
by posting with the Trustee or an appropriate court a bond in form and amount satisfactory to
VRA. Upon request, the Local Government shall furnish to VRA proof of payment of all
Governmental Charges and Mechanics' Charges the Local Government is required to pay under
this Financing Lease.
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Section 7.8 Environmental Responsibilities
(a) As used in this Financing Lease, "Environmental Condition" means any
adverse condition relating to surface water, ground water, drinking water supply, land, surface
and subsurface strata or the ambient air, and includes, without limitation, air, land and water
pollutants, noise, vibration, light, and odors, which may result in a claim of liability under the
Comprehensive Environmental Response, Compensation and Liability Act, as amended
( "CERCLA "), or the Resource Conservation and Recovery Act ( "RCRA "), or any claim of
violation of the Clean Air Act, the Clean Water Act, the Toxic Substance Control Act ( "TSCA "),
or any claim of liability or of violation under any federal statute hereafter enacted dealing with
the protection of the environment or with the health and safety of employees or members of the
general public, or under any rule, regulation, permit or plan under any of the foregoing, or under
any law, rule or regulation now or hereafter promulgated by the Commonwealth of Virginia, or
any political subdivision thereof, relating to such matters (collectively, "Environmental Laws ").
(b) VRA shall, at all times during the term of this Financing Lease, comply
with all Environmental Laws applicable to the Real Estate and the Improvements and shall not
cause any Environmental Condition on or about the Real Estate or the Improvements.
(c) The Local Government shall, at all times during the term of this Financing
Lease, comply with all Environmental Laws applicable to the Real Estate and Improvements and
shall not, in the use and occupancy of the Improvements, cause any Environmental Condition on
or about the Real Estate or the Improvements.
ARTICLE VIII
INSURANCE, DAMAGE AND DESTRUCTION
Section 8.1 Insurance The Local Government continuously shall maintain or cause
to be maintained insurance against such risks as are customarily insured against by public bodies
operating projects similar in size and character to the Improvements, including, without
limitation:
(a) Insurance in the amount of the full replacement cost of the Improvements'
insurable portions against loss or damage by fire and lightning, with broad form extended
coverage endorsements covering damage by windstorm, explosion, aircraft, smoke, sprinkler
leakage, vandalism, malicious mischief and such other risks as are normally covered by such
endorsements (limited only as may be provided in the standard form of such endorsements at the
time in use in Virginia). The determination of replacement cost shall be made, in conjunction
with representatives of the Local Government, by a recognized appraiser or insurer selected by
the Local Government and acceptable to VRA.
(b) Comprehensive general liability insurance with a combined single limit of
$1,000,000 per year against liability for bodily injury, including death resulting therefrom, and
for damage to property, including loss of its use, arising out of the ownership, maintenance,
operation or use of the Real Estate and /or the Improvements.
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(c) Unless the Local Government qualifies as aself- insurer under Virginia
law, worker's compensation insurance.
Neither VRA nor the Trustee shall have any responsibility or obligation with respect to
(i) the procurement or maintenance of insurance or the amounts or the provisions with respect to
policies of insurance or (ii) the application of the proceeds of insurance.
The Local Government shall provide annually to VRA a certificate or certificates of the
respective insurers evidencing the fact that the insurance required by this Section is in force and
effect.
Section 8.2 Requirements of Policies All insurance required by Section 8.1 shall be
maintained with generally recognized responsible insurance companies selected by the Local
Government and reasonably acceptable to VRA. Such insurance may be written with deductible
amounts comparable to those on similar policies carried by other structures of like size and
character to the Improvements. If any such insurance is not maintained with an insurer licensed
to do business in Virginia or placed under the requirements of the Virginia Surplus Lines
Insurance Law, Chapter 48, Title 38.2, Code of Virginia of 1950, as amended, or any successor
statute, the Local Government shall provide evidence reasonably satisfactory to VRA that such
insurance is enforceable under Virginia law.
In lieu of obtaining any of the policies of insurance required by Section 8.1, the Local
Government may adopt alternative risk management programs which it determines to be
reasonable, including, without limitation, to self - insure in whole or in part, individually or in
connection with other units of local government or other institutions, to participate in programs
of captive insurance companies, to participate with other units of local government or other
institutions in mutual or other cooperative insurance or other risk management programs, to
participate in State or federal insurance programs, to take advantage of State or federal laws now
or hereafter in existence limiting liability, or to establish or participate in other alternative risk
management programs, all as may be reasonable and appropriate risk management by the Local
Government and that provide comparable coverages required by such sections. In addition, any
insurance coverage pursuant to this Article may be pursuant to a program whereby the Local
Government self - insures against certain losses up to a stated loss amount, and retains excess
coverage from an insurer meeting the requirements of this Article.
Any self - insurance plan or alternative risk management program maintained by the Local
Government with respect to the Improvements will be a Qualified Self- Insurance Plan. A
"Qualified Self - Insurance Plan" means any plan or program of self - insurance regarding which
the Local Government shall have received an opinion of an Insurance Consultant that the Local
Government has established an adequate, actuarially sound program for the funding of reserves
for such self- insurance or an insurance pool established in accordance with the Virginia Code. In
the event the Local Government is insured through aself- insurance program other than a pool,
the Local Government agrees to (i) comply with such program unless a change therein is
recommended by the Insurance Consultant, (ii) cause the Insurance Consultant to review any
Qualified Self- Insurance Plan at least annually and to make written recommendations as to what
funding levels are adequate to protect against the risks covered by the plan and (iii) follow the
recommendations of such Insurance Consultant.
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Section 8.3 Notice of Damage, Destruction or Condemnation In case of (i) any
damage to or destruction of any material part of the Improvements, (ii) a taking of all or any part
of the Real Estate and /or the Improvements or any right in it under the exercise of the power of
eminent domain, (iii) any loss of the Real Estate because of failure of title, or (iv) the
commencement of any proceedings or negotiations which might result in such a taking or loss,
the Local Government shall give prompt notice to VRA describing generally the nature and
extent of such damage, destruction, taking, loss, proceedings or negotiations.
Section 8.4 Damage and Destruction If all or any part of the Improvements is
destroyed or damaged by fire or other casualty, and the Local Government shall not have
exercised its option, if such option is available, to prepay the obligations under this Financing
Lease pursuant to Section 5.2, the Local Government shall restore promptly the property
damaged or destroyed to substantially the same condition as before such damage or destruction,
with such alterations and additions as the Local Government may determine and which will not
impair the capacity or character of the Improvements for the purpose for which it then is being
used or is intended to be used. The Local Government may apply so much as may be necessary
of the net proceeds of insurance received on account of any such damage or destruction to
payment of the cost of such restoration, either on completion or as the work progresses. If such
net proceeds are not sufficient to pay in full the cost of such restoration, the Local Government
shall pay so much of the cost as may be in excess of such net proceeds.
Section 8.5 Condemnation and Loss of Title If title to or the temporary use of all or
any part of the Real Estate and /or the Improvements shall be taken under the exercise of the
power of eminent domain or lost because of failure of title, and the Local Government shall not
have exercised its option, if such option is available, to prepay the obligations under this
Financing Lease pursuant to Section 5.2, the Local Government shall cause the net proceeds
from any such condemnation award or from title insurance to be applied to the restoration of the
Real Estate and /or the Improvements to substantially its condition before the exercise of such
power of eminent domain or failure of title. If such net proceeds are not sufficient to pay in full
the cost of such restoration, the Local Government shall pay so much of the cost as may be in
excess of such net proceeds.
ARTICLE IX
SPECIAL COVENANTS
Section 9.1 Tax Covenants The Local Government agrees that it will not directly or
indirectly use or permit the use of any of the proceeds received pursuant to this Financing Lease
or any other of its funds, in such manner as would, or enter into, or allow any other person or
entity to enter into, any arrangement, formal or informal, that would, or take or omit to take any
other action that would, cause the interest on the 2004A VRA Bonds or the 2013B VRA Bonds
to be includable in gross income for federal income tax purposes or to become a specific item of
tax preference for purposes of the federal alternative minimum tax imposed on individuals and
corporations. Insofar as the Local Tax Document imposes duties and responsibilities on the
Local Government, including the payment of any arbitrage rebate in respect of the 2004A VRA
Bonds or the 2013B VRA Bonds, respectively, as of the Closing Date, they are specifically
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incorporated by reference into this Financing Lease. The Local Government also consents to the
calculation of any "rebate amount" to be paid with respect to the Related 2004A VRA Bonds and
the Related 2013B VRA Bonds, as applicable, by a rebate calculation service selected by VRA.
Section 9.2 Maintenance of Existence The Local Government shall maintain its
existence as a political subdivision under Virginia law, and shall not dissolve or otherwise
dispose of all or substantially all of its assets or consolidate or merge with or into another entity
without VRA's prior written consent, which consent will not be unreasonably withheld.
Section 9.3 Financial Records and Statements The Local Government shall
maintain proper books of record and account in which proper entries shall be made in accordance
with generally accepted accounting principles, consistently applied, of all its business and affairs.
The Local Government shall have an annual audit of its financial condition made by an
independent certified public accountant within 180 days after the end of each Fiscal Year and
shall furnish to VRA, in an electronic format, copies of the report of such accountant
immediately after such report is accepted by the Local Government. Such report shall include
statements in reasonable detail, certified by such accountant, reflecting the Local Government's
financial position as of the end of such Fiscal Year and the result of the Local Government's
operations and changes in the financial position of the Local Government's funds for the Fiscal
Year.
Section 9.4 Certification as to No Default The Local Government shall deliver to
VRA, within 180 days after the close of each Fiscal Year, a certificate in substantially the form
attached as Exhibit G hereto and signed by a Local Representative.
Section 9.5 [Intentionally Omitted
Section 9.6 [Intentionally Omitted
Section 9.7 Further Assurances The Local Government shall to the fullest extent
permitted by law pass, make, do, execute, acknowledge and deliver such further resolutions, acts,
deeds, conveyances, assignments, transfers and assurances as may be necessary or desirable for
the better assuring, conveying, granting, assigning and confirming the rights of VRA under this
Financing Lease, or as may be required to carry out the purposes of this Financing Lease. The
Local Government shall at all times, to the fullest extent permitted by law, defend, preserve and
protect all rights of VRA under this Financing Lease against all claims and demands of all
persons.
Section 9.8 Liability
(a) Subject to Subsection (b) below, VRA shall not be liable for any loss,
damage, death or injury of any kind or character to persons or property, arising from any use of
the Real Estate and /or the Improvements, or any part thereof, or caused by any defect in any
building, structure or other improvement thereon or in any other facility thereof, or caused by or
arising from any act or omission of the Local Government, or any of its agents, employees,
sublessees, licensees or invitees, or by or from any accident on the Real Estate or any fire or
other casualty thereon.
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(b) Notwithstanding anything herein to the contrary, VRA shall be liable for
its own negligence, willful misconduct or for any breach of any covenant, representation or
warranty of VRA herein or in any other document or instrument executed and delivered in
connection with this Financing Lease.
Section 9.9 Assimnment by Local Government The Local Government may not
assign its rights and obligations under this Financing Lease without the prior written consent of
VRA.
Section 9.10 Continuing Disclosure. (a) For purposes of this Section, the following
terms and phrases shall have the following meaning:
"Annual Financial Information" with respect to any Fiscal Year for the Local
Government means the following:
(i) the financial statements (consisting of at least a balance sheet and a
statement of revenues and expenses) of the Local Government, which financial
statements must be (A) prepared annually in accordance with generally accepted
accounting principles in effect from time to time consistently applied (provided
that nothing in this clause (A) will prohibit the Local Government after the date of
this Financing Lease from changing such other principles so as to comply with
generally accepted accounting principles as then in effect or to comply with a
change in applicable law) and (B) audited by an independent certified public
accountant or firm of such accountants in accordance with generally accepted
auditing standards as in effect from time to time (provided that if audited financial
statements are not available for filing when required by this Section or the Rule
(as defined herein), unaudited financial statements will be filed and audited
financial statements will be filed as soon as possible thereafter); and
(ii) operating data of the type set forth in Exhibit E.
"Dissemination Agent" means any person, reasonably acceptable to VRA, whom the
Local Government contracts in writing to perform its obligations as provided in subsection (i) of
this Section.
"Make Public" or "Made Public" has the meaning set forth in subsection (c) of this
Section.
"Material Local Government" means the Local Government if the aggregate
outstanding principal amount attributable to this Financing Lease and any other of the Local
Government's local obligations purchased with proceeds of the VRA Bonds represent 15% or
more of the outstanding aggregate principal amount of the local obligations purchased with
proceeds of the VRA Bonds.
"Rule" means Rule 15c2 -12, as it may be amended from time to time, under the
Securities Exchange Act of 1934 and any similar rules of the SEC relating to disclosure
requirements in the offering and sale of municipal securities, all as in effect from time to time.
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"SEC" means the U.S. Securities and Exchange Commission.
(b) The Local Government shall Make Public or cause to be Made Public:
(1) Within seven months after the end of the Local Government's
Fiscal Year (commencing with the Fiscal Year in which the Closing Date occurs), Annual
Financial Information for such Fiscal Year as of the end of which the Local Government
constitutes a Material Local Government. Annual Financial Information may be set forth
in the documents Made Public or may be included in a document Made Public by specific
reference to any document available to the public on the Internet website of the Municipal
Securities Rulemaking Board ( "MSRB ") or filed with the SEC.
(2) In a timely manner, notice of any failure by the Local Government
to cause to be Made Public Annual Financial Information pursuant to the terms of part (1)
of this subsection.
(c) For purposes of this Section, information and notices shall be deemed to
have been "Made Public" if transmitted to VRA, to the Trustee and to the MSRB in an electronic
format as prescribed by the MSRB.
(d) The Local Government shall also notify VRA of the occurrence of any of
the following events that may from time to time occur with respect to this Financing Lease, such
notice to be given in a timely manner not in excess of five business days after the occurrence of
the event:
(1) principal and interest payment delinquencies;
difficulties;
(2) non - payment related defaults, if material;
(3) unscheduled draws on debt service reserves reflecting financial
(4) unscheduled draws on any credit enhancement maintained with
respect to this Financing Lease reflecting financial difficulties;
perform;
(5) substitution of credit or liquidity providers, or their failure to
(6) adverse tax opinions, the issuance by the Internal Revenue Service
of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form
5701 — TEB) or other material notices or determinations with respect to this Financing
Lease that could affect the tax status of the 2004A VRA Bonds or the 2013B VRA
Bonds, or other material events with respect to this Financing Lease that could affect the
tax status of the 2004A VRA Bonds or the 2013B VRA Bonds;
(7) modifications to rights of holders, if material;
(8) bond calls, if material, and tender offers;
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(9) defeasances;
(10) release, substitution, or sale of property securing repayment of this
Financing Lease, if material;
(11) rating changes;
(12) bankruptcy, insolvency, receivership or similar event of the Local
Government, which event is considered to occur when any of the following occur: the
appointment of a receiver, fiscal agent or similar officer for the Local Government in a
proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or
federal law in which a court or governmental authority has assumed jurisdiction over
substantially all of the assets or business of the Local Government, or if such jurisdiction
has been assumed by leaving the existing governing body and officials or officers in
possession but subject to the supervision and orders of a court or governmental authority,
or the entry of an order confirming a plan of reorganization, arrangement or liquidation of
a court or governmental authority having supervision or jurisdiction over substantially all
of the assets or business of the Local Government;
(13) the consummation of a merger, consolidation, or acquisition
involving the Local Government or the sale of all or substantially all of the assets of the
Local Government, other than in the ordinary course of business, the entry into a
definitive agreement to undertake such an action or the termination of a definitive
agreement relating to any such action, other than pursuant to its terms, if material;
(14) appointment of a successor or additional trustee for this Financing
Lease, if any, or the change of name of a trustee, if material; and
(15) the failure of the Local Government on or before the date required
by this Financing Lease to provide Annual Financial Information to the persons and in
the manner required by this Financing Lease.
(e) Additionally, upon request of VRA, the Local Government shall certify in
writing that it has made all filings and disclosures under this Section or any similar undertaking
pursuant to the Rule.
(f) Notwithstanding anything in this Financing Lease to the contrary, the
Local Government need not comply with the provisions of subsections (a) through (c) above
unless and until VRA has notified the Local Government that it satisfied the objective criteria for
a Material Local Government as of the end of VRA's immediately preceding fiscal year.
(g) The obligations of the Local Government under this Section will terminate
upon the redemption, defeasance (within meaning of the Rule) or payment in full of all of the
VRA Bonds.
(h) (1) If the Local Government fails to comply with any covenant or
obligation set forth in this Section, any holder (within the meaning of the Rule) of VRA Bonds
then Outstanding may, by notice to the Local Government, proceed to protect and enforce its
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rights and the rights of the other holders by an action for specific performance of the Local
Government's covenants or obligations set forth in this Section.
(2) Notwithstanding anything herein to the contrary, any failure of the
Local Government to comply with any disclosure obligation specified in this Financing
Lease (i) shall not be deemed to constitute an Event of Default under this Financing
Lease and (ii) shall not give rise to any right or remedy other than that described in part
(1) of this subsection.
(i) The Local Government may from time to time disclose certain information
and data in addition to that required under this Section. Notwithstanding anything in this
Financing Lease to the contrary, the Local Government shall not incur any obligation to continue
to provide, or to update, such additional information or data.
0) The Local Government may, from time to time, appoint or engage a
Dissemination Agent to assist it in carrying out its obligation to cause to be Made Public the
information described in this Section, and may discharge any such Agent, with or without
appointing a successor Dissemination Agent. It is not necessary for purposes of this Article that
the Dissemination Agent have any agency relationship with the Local Government for purposes
of state law.
(k) All documents Made Public under this Section shall be accompanied by
identifying information as prescribed by the MSRB.
ARTICLE X
DEFAULTS AND REMEDIES
Section 10.1 Events of Default Each of the following events shall be an "Event of
Default":
(a) The failure to make any payment or deposit (including Supplemental
Interest) required by this Financing Lease when due.
(b) The Local Government's failure to perform or observe any of the other
covenants, agreements or conditions of this Financing Lease and the continuation of such failure
for a period of 60 days after written notice specifying such failure and requesting that it be cured
is given to the Local Government by VRA, or, in the case of any such failure which cannot with
diligence be cured within such 60 day period, the Local Government's failure to proceed
promptly to commence to cure the failure and thereafter to prosecute the curing of the failure
with diligence.
(c) Any warranty, representation or other statement by or on behalf of the
Local Government contained in this Financing Lease or in any instrument furnished in
compliance with or in reference to this Financing Lease is false and misleading in any material
respect.
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(d) An order or decree shall be entered, with the Local Government's consent
or acquiescence, appointing a receiver or receivers of the Real Estate and /or Improvements or
any part thereof, or if such order or decree, having been entered without the Local Government's
consent or acquiescence, shall not be vacated or discharged or stayed on appeal within 60 days
after its entry.
(e) Any proceeding shall be instituted, with the Local Government's consent
or acquiescence, for the purpose of effecting a composition between the Local Government and
its creditors or for the purpose of adjusting such creditors' claims under any federal or state
statute now or hereafter enacted.
(f) Any bankruptcy, insolvency or other similar proceeding shall be instituted
by or against the Local Government under any federal or state bankruptcy or insolvency law now
or hereinafter in effect and, if instituted against the Local Government is not dismissed within 60
days after filing.
Notwithstanding anything herein to the contrary, the Local Government's failure to make
any payment to VRA due to nonappropriation is not an Event of Default, but is an Event of Non -
Appropriation governed by Article VI hereof.
Section 10.2 Remedies Upon the occurrence and continuation of an Event of Default,
VRA may exercise one or more of the following remedies:
(a) By notice in writing delivered to the Local Government declare all unpaid
Rental Payments due and payable. Upon any such declaration, the Local Government shall
immediately pay to VRA all unpaid Rental Payments. VRA may in its discretion waive an Event
of Default and its consequences and rescind any acceleration of payments hereunder; or
(b) Reenter and take possession of the Real Estate, including the
Improvements, with or without terminating this Financing Lease, exclude the Local Government
from possession and sell its leasehold interest in the Real Estate, including the Improvements, or
lease or sublease the Real Estate and /or the Improvements for the account of the Local
Government, holding the Local Government liable for all Rental Payments and all other
payments due up to the effective date of such selling, leasing or subleasing and for the difference
between (i) the purchase price, rent or other amounts paid by the purchaser, lessee or sublessee
pursuant to such sale, lease or sublease and (ii) the Rental Payments and other amounts payable
by the Local Government hereunder; or
(c) Take whatever action at law or in equity may appear necessary or
desirable to collect the Rental Payments then due and thereafter to become due or to enforce
performance and observance of any obligation, agreement or covenant of the Local Government
under this Financing Lease.
Section 10.3 Other Remedies Upon the occurrence and continuation of an Event of
Default, VRA may proceed to protect and enforce its rights by mandamus or other action, suit or
proceeding at law or in equity for specific performance of any agreement contained in this
Financing Lease. No remedy conferred by this Financing Lease is intended to be exclusive of
any other remedy, but each such remedy shall be cumulative and shall be in addition to any other
ME
remedy given to VRA under this Financing Lease or now or hereafter existing at law or in equity
or by statute.
Section 10.4 Delay and Waiver No delay or omission to exercise any right or power
accruing upon any default or Event of Default shall impair any such right or power or shall be
construed to be a waiver of any such default or Event of Default or acquiescence in it, and every
such right and power may be exercised from time to time and as often as may be deemed
expedient. No waiver of any default or Event of Default under this Financing Lease shall extend
to or shall affect any subsequent default or Event of Default or shall impair any rights or
remedies consequent to it.
Section 10.5 Non - Substitution. The Local Government acknowledges and agrees that
the non - appropriation provisions of Section 3.10 and Article VI hereof are not intended (i) to be
used for convenience termination or (ii) for the purpose of replacing the Real Estate and/or
Improvements with other substantially identical property. The Local Government, to the extent
permitted by applicable law, agrees not to utilize such provisions for such purposes.
ARTICLE XI
MISCELLANEOUS
Section 11.1 State Aid Intercept. The Local Government acknowledges that VRA has
covenanted under the Master Indenture to take any and all actions available to it under the laws
of the Commonwealth, including the invocation of the "state -aid intercept" provisions of Section
62.1 -216.1 of the Act, to obtain any payment of the Rental Payments due under this Financing
Lease if the Local Government fails to pay when due.
Section 11.2 Successors and Assigns. This Financing Lease shall be binding upon,
inure to the benefit of and be enforceable by the parties and their respective successors and
assigns.
Section 11.3 Amendments. VRA and the Local Government shall have the right to
amend from time to time any of this Financing Lease's terms and conditions, provided that all
amendments shall be in writing and shall be signed by or on behalf of VRA and the Local
Government.
Section 11.4 [Intentionally Omitted] .
law.
Section 11.5 Applicable Law. This Financing Lease shall be governed by Virginia
Section 11.6 Severability. If any clause, provision or section of this Financing Lease
shall be held illegal or invalid by any court, the illegality or invalidity of such clause, provision
or section shall not affect the remainder of this Financing Lease which shall be construed and
enforced as if such illegal or invalid clause, provision or section had not been contained in this
Financing Lease. If any agreement or obligation contained in this Financing Lease is held to be
in violation of law, then such agreement or obligation shall be deemed to be the agreement or
-29-
obligation of VRA and the Local Government, as the case may be, only to the extent permitted
by law.
Section 11.7 Notices Unless otherwise provided for herein, all demands, notices,
approvals, consents, requests, opinions and other communications under this Financing Lease
shall be in writing and shall be deemed to have been given when delivered in person or mailed
by first class registered or certified mail, postage prepaid, addressed (a) if to the Local
Government, 5204 Bernhard Drive, P. O. Box 29800, Roanoke, Virginia 24018 -0798, Attention:
County Administrator; (b) if to VRA, at 1111 East Main Street, Suite 1920, Richmond, Virginia
23219, Attention: Executive Director; or (c) if to the Trustee, at 1021 East Cary Street, 18
Floor, Richmond, Virginia 23219, Attention: Corporate Trust Department. A duplicate copy of
each demand, notice, approval, consent, request, opinion or other communication given by any
party named in this Section shall also be given to each of the other parties named. VRA, the
Local Government and the Trustee may designate, by notice given hereunder, any further or
different addresses to which subsequent demands, notices, approvals, consents, requests,
opinions or other communications shall be sent or persons to whose attention the same shall be
directed.
Section 11.8 Right to Cure Default If the Local Government shall fail to make any
payment or to perform any act required by it under this Financing Lease, VRA or the Trustee,
without prior notice to or demand upon the Local Government and without waiving or releasing
any obligation or default, may (but shall be under no obligation to) make such payment or
perform such act. All amounts so paid by VRA or the Trustee and all costs, fees and expenses so
incurred shall be payable by the Local Government as an additional obligation under this
Financing Lease, together with interest thereon at the rate of 15% per year until paid.
Section 11.9 Headings The headings of the several articles and sections of this
Financing Lease are inserted for convenience only and do not comprise a part of this Financing
Lease.
Section 11.10 Term of Financing Lease This Financing Lease shall be effective upon
the Effective Date. Except as otherwise specified, the Local Government's obligations under this
Financing Lease shall expire upon payment in full of all amounts payable by the Local
Government under this Financing Lease.
Section 11.11 Counterparts This Financing Lease may be executed in any number of
counterparts, each of which shall be an original and all of which together shall constitute but one
and the same instrument.
[SIGNATURE PAGE FOLLOWS]
-30-
WITNESS the following signatures, all duly authorized.
VIRGINIA RESOURCES AUTHORITY
[SEAL]
ATTEST:
Suzanne S. Long, Executive Director
COMMONWEALTH OF VIRGINIA:
William G. O'Brien, Chairman
CITY /COUNTY OF
The foregoing instrument was acknowledged before me in the of ,
Virginia, this day of , 2013 by William G. O'Brien, as Chairman of Virginia Resources
Authority, on behalf thereof.
My commission expires:
Registration No.:
[SEAL] Notary Public
COMMONWEALTH OF VIRGINIA:
CITY OF RICHMOND:
The foregoing instrument was acknowledged before me in the City of Richmond, Virginia this
day of , 2013 by Suzanne S. Long, as Executive Director of Virginia Resources
Authority, on behalf thereof.
My commission expires:
Registration No.:
[SEAL] Notary Public
[SIGNATURE PAGE OF FINANCING LEASE FOR
COUNTY OF ROANOKE, VIRGINIA]
-31-
COUNTY OF ROANOKE, VIRGINIA
Chairman, Board of County Supervisors
[SEAL]
ATTEST:
Clerk, Board of Supervisors
COMMONWEALTH OF VIRGINIA:
COUNTY OF GREENSVILLE:
The foregoing instrument was acknowledged before me in the County of Roanoke,
Virginia, this day of , 2013 by , as the Chairman of the Board
of Supervisors of the County of Roanoke, Virginia, on behalf thereof.
My commission expires:
Registration No.:
Notary Public
[SIGNATURE PAGE OF FINANCING LEASE]
-32-
Lease.
The Trustee, by the execution hereof, accepts the duties imposed on it by this Financing
U.S. BANK NATIONAL ASSOCIATION, as
Trustee
Patricia A. Welling
Vice President
[SIGNATURE PAGE OF FINANCING LEASE FOR
COUNTY OF ROANOKE, VIRGINIA]
-33-
EXHIBIT A
DESCRIPTION OF PROJECT
The Project consists of (i) the financing of all or a portion of the costs (or to reimburse the Local
Government for payment of such costs) of the acquisition, construction and equipping of a new
public library in the Town of Vinton, Virginia and (ii) the refunding of a portion of the
outstanding principal components of the Rental Payments under the Financing Lease dated as of
June 1, 2004 between the Local Government and VRA, the proceeds of which were applied to
the construction and equipping of a public safety building.
A -1
EXHIBIT B
DESCRIPTION OF REAL ESTATE
All that certain parcel of land, together with improvements thereon, located in the
Catawba Magisterial District in the County of Roanoke, Virginia, and designated 3568 Peters
Creek Road containing 3.72 acres, more or less, being all of New Lot 3 as shown on a plat of
survey entitled Subdivision for County School Board of Roanoke County and County of
Roanoke prepared by Frank B. Caldwell III, C.L.S., dated November 23, 1987; and
Being a portion of the property conveyed to the Board of Supervisors of Roanoke
County, Virginia by deed from the County School Board of Roanoke County, Virginia, dated
October 15, 1990, recorded in Deed Book 1337, page 1345.
[Library Parcel
All those certain lots or parcels of land, together with any improvements thereon, rights
incident thereto, and appurtenances thereunto belonging, situate in the Town of Vinton, County
of Roanoke, Virginia, and more particularly shown and designated as "Property of B. Wayne
Dunman & Rebecca J. Dunman (DB1389, PG 1162) Tax No. 60.16 -8 -1 and 60.16 -8 -2" and
"Property of Taz Wade, Inc. (Instrument No. 200304196) Tax No. 60.16 -8 -3 and (Instrument
No. 200304197) Tax No. 60.16 -8 -4" as shown on a "Boundary Survey for Roanoke County"
dated July 15, 2011, prepared by Caldwell White Associates, said plat being recorded
simultaneously herewith as Instrument No. 2011 07234.
THIS BEING all of the same real estate conveyed to B. Wayne and Rebecca J. Dunman
by deed dated November 30, 1992 of record in Deed Book 1389 at page 1162, and to Taz Wade,
Inc. by deeds dated January 30, 2003 recorded as Instrument No. 2003 04196, and January 30,
2003 as Instrument No. 2003 04197.]
EXHIBIT C
PENDING OR THREATENED ACTIONS, SUITS, PROCEEDINGS OR
INVESTIGATIONS
C -1
EXHIBIT D
FORM OF REQUISITION
Requisition No.
Date:
U.S. Bank National Association, as Trustee
Attention: Corporate Trust Department
1021 East Cary Street -18 Floor
Richmond, Virginia 23219
Virginia Resources Authority
1111 East Main Street
Suite 1920
Richmond, Virginia 23219
Attention: Executive Director
This Requisition, including Schedule 1 hereto, is submitted in connection with the Local Lease
Acquisition Agreement and Amended and Restated Financing Lease dated as of June 27, 2013
(the "Financing Lease ") between the Virginia Resources Authority and the County of Roanoke,
Virginia (the "Local Government "). Unless otherwise defined in this Requisition, each
capitalized term used herein shall have the meaning given it under Article I of the Financing
Lease. The undersigned Local Representative hereby requests payment of the following
amounts from the Local Account established for the Local Government in the 2013B Acquisition
Fund, established under the Twenty -Fifth Supplemental Series Indenture.
Payee:
Address:
Amount to be Paid:
Purpose (in reasonable detail) for which obligations(s) to be paid were incurred:
D -1
The undersigned certifies that the payments reflected herein related to improvements to be
located on the Real Estate.
Attached hereto is an invoice (or invoices) relating to the items for which payment is
requested.
The undersigned certifies that (i) the amounts requested by this Requisition will be
applied in accordance with the Local Tax Document and solely and exclusively to the payment,
or the reimbursement of the Local Government for its payment, of Project Costs of the New
Money Project, (ii) no notice of any lien, right to lien or attachment upon, or claim affecting the
right to receive payment of, any of the money payable under the Requisition to any of the
persons, firms or corporations named in it has been received, or if any notice of any such lien,
attachment or claim has been received, such lien, attachment or claim has been released or
discharged or will be released or discharged upon payment of the Requisition, and (iii) this
Requisition contains no items representing payment on account of any retained percentage
entitled to be retained at this date.
If this Requisition includes payments for labor or to contractors, builders or materialmen,
the attached Certificate of Local Representative must be completed. If this Requisition includes
payments for any lands or easements, rights or interest in or relating to lands, the attached
Certificate of the Local Representative must be completed and there must be attached to this
Requisition a certificate signed by a Local Representative stating that upon payment therefor the
Local Government will have title in fee simple to, or easements, rights or interests sufficient for
the purposes of the New Money Project over or through such lands.
The Local Government has agreed in the Financing Lease that any amounts it
receives pursuant to this Requisition will be (i) immediately applied to reimburse the Local
Government for Project Costs it has already incurred and paid or (ii) actually spent to pay
Project Costs not later than five banking days after receipt.
Local Representative
D -2
CERTIFICATE OF LOCAL REPRESENTATIVE
The undersigned Local Representative for the Local Government hereby certifies that (i)
insofar as the amounts covered by this Requisition include payments for labor or to contractors,
builders or materialmen, such work was actually performed or such materials, supplies or
equipment were actually furnished or installed, and (ii) insofar as the amounts covered by the
Requisition include payments for land or easements, rights or interests in or relating to lands,
such lands, easements, rights or interests are being acquired and are necessary or convenient for
the New Money Project.
Date:
Local Representative
D -3
SCHEDULE 1
Form to Accompany Requisition
Requisition #
Recipient: County of Roanoke, Virginia — VRA 2013B
Local Representative:
Title:
Date:
Cost
Category
Total
Project Cost
Previous
Disbursements
Disbursement
This Period
Disbursements
to Date
Remaining
Balance
TOTALS
$
$
$
$
$
M"
EXHIBIT E
OPERATING DATA
Description of Local Government. A description of the Local Government including a
summary description of the Real Estate.
Debt. A description of the terms of the Local Government's outstanding debt including a
historical summary of outstanding debt and a summary of annual debt service on outstanding
debt as of the end of the preceding Fiscal Year. The annual disclosure should also include (to the
extent not shown in the latest audited financial statements) a description of contingent
obligations as well as pension plans administered by the Local Government and any unfunded
pension liabilities.
Financial Information and Operating Data. Financial information and operating data
respecting the Local Government including a description of revenues and expenditures for its
major funds and a summary of its tax policy, structure and collections as of the end of the
preceding Fiscal Year.
E -1
EXHIBIT F
FORM OF OPINION OF COUNSEL TO LOCAL GOVERNMENT
[Print on County Attorney Letterhead]
August , 2013
Board of Supervisors
County of Roanoke, Virginia
Virginia Resources Authority
Richmond, Virginia
County of Roanoke, Virginia
Financing Lease
Closed: August , 2013
Ladies and Gentlemen:
I have acted as counsel to the County of Roanoke, Virginia (the "County "), in connection
with the (i) the financing of all or a portion of the costs (or to reimburse the Local Government
for payment of such costs) of the acquisition, construction and equipping of a new public library
in the Town of Vinton, Virginia and (ii) the refunding of a portion of the outstanding principal
components of the Rental Payments under the Financing Lease dated as of June 1, 2004 between
the Local Government and VRA, the proceeds of which were applied to the construction and
equipping of a public safety building (the "Project ") and in such capacity, I have examined,
among other things, the following documents:
(a) certified copies of the ordinances (collectively, the "Authorizing Ordinance ")
adopted by the Board of Supervisors of the County (the "Board ") on June 25,
2013, authorizing the County to enter into a lease arrangement with Virginia
Resources Authority ( "VRA ") to finance the Proj ect;
(b) a copy of the Amended and Restated Prime Lease (the "Prime Lease "), dated as of
June 27, 2013 by and between VRA and the County;
(c) a copy of the Local Lease Acquisition Agreement and Amended and Restated
Financing Lease (the "Financing Lease "), dated as of June 27, 2013, by and
between VRA and the County; and
F -1
(d) a copy of the Amended and Restated Nonarbitrage Certificate and Tax
Compliance Agreement dated August , 2013, between VRA and the County.
The documents referred to in clauses (b) through (d) above are referred to collectively as
the "Lease Documents."
I have also examined such other records and proceedings of the County and conducted
such investigations as I deemed appropriate and necessary for purposes of this opinion. Unless
otherwise defined, all capitalized terms used in this opinion have the same meanings given to
such terms in the Financing Lease.
Based upon such examination and assuming the authorization, execution, delivery and
enforceability of all documents by parties other than the County, I am of the opinion that:
1. The County is a duly created and validly existing political subdivision of the
Commonwealth of Virginia and is vested with the rights and powers conferred upon it by
Virginia law.
2. The County has full right, power and authority to (i) adopt the Authorizing
Ordinance and execute and deliver the Lease Documents, (ii) lease the Real Estate and
Improvements to VRA pursuant to the Prime Lease and to lease the Real Estate and
Improvements back from VRA pursuant to the Financing Lease, (iii) undertake the Project, and
(iv) carry out and consummate all of the transactions contemplated by the Authorizing Ordinance
and the Lease Documents.
3. The Lease Documents were duly authorized by the Authorizing Ordinance and
are in substantially the same form as presented to the Board at its meeting at which the
Authorizing Ordinance was adopted.
4. The Financing Lease has been executed and delivered by duly authorized officials
of the County and constitutes a legal, valid and binding obligation of the County enforceable
against the County in accordance with its terms.
5. The execution and delivery of the Lease Documents and the performance by the
County of its obligations thereunder are within the powers of the County and will not conflict
with, or constitute a breach or result in a violation of, (i) to the best of the my knowledge, any
federal or Virginia constitutional or statutory provision, (ii) any agreement or other instrument to
which the County is a party or by which it is bound or (iii) any order, rule, regulation, decree or
ordinance of any court, government or governmental authority having jurisdiction over the
County or its property.
6. The County, to the best of my knowledge, is not in default in the payment of the
principal of or interest on any of its indebtedness for borrowed money and is not in default under
any instrument under and subject to which any indebtedness for borrowed money has been
incurred. No event or condition has happened or existed, or is happening or existing, under the
provisions of any such instrument, including but not limited to the Lease Documents, which
constitutes, or which, with notice or lapse of time, or both, would constitute an event of default
thereunder.
F -2
7. The County (i) to the best of the my knowledge, is not in violation of any existing
law, rule or regulation applicable to it in any way which would have a material adverse effect on
its financial condition or its ability to perform its obligations under the Leases and (ii) is not in
default under any indenture, mortgage, deed of trust, lien, lease, contract, note, order, judgment,
decree or other agreement, instrument or restriction of any kind to which the County is a party or
by which it is bound or to which any of its assets is subject, which would have a material adverse
effect on its financial condition or its ability to perform its obligations under the Leases. The
execution and delivery by the County of the Leases and the compliance with the terms and
conditions thereof will not conflict with or result in a breach of or constitute a default under any
of the forgoing.
8. Except as set forth in the Financing Lease, there are not pending nor, to the best of
the my knowledge, threatened against the County, any actions, suits, proceedings or
investigations of a legal, equitable, regulatory, administrative or legislative nature, (i) affecting
the creation, organization or existence of the County or the title of its officers to their respective
offices, (ii) seeking to prohibit, restrain or enjoin the approval, execution, delivery and /or
performance of the Authorizing Ordinance and /or the Leases, (iii) in any way contesting or
affecting the validity or enforceability of the Authorizing Ordinance, the Lease Documents or
any agreement or instrument relating to any of the foregoing, (iv) in which a judgment, order or
resolution may have a material adverse effect on the County or its business, assets, condition
(financial or otherwise), operations or prospects or on its ability to perform its obligations under
the Authorizing Ordinance or the Leases, or (v) related to the Project or the undertaking thereof.
Very truly yours,
F -3
EXHIBIT G
FORM OF CERTIFICATION AS TO NO DEFAULT
[DATE]
[Insert Name]
Compliance &Financial Analyst
Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA 23219
Dear [Mr. /Ms.]
In accordance with Section 9.4 of the Local Lease Acquisition Agreement and Amended and
Restated Financing Lease dated as of June 27, 2013 (the "Financing Lease ") between Virginia Resources
Authority and the County of Roanoke, Virginia (the "Local Government "), I hereby certify that, during
the fiscal year that ended June 30, , and through the date of this letter:
1. [No event or condition has happened or existed, or is happening or existing, which constitutes, or
which, with notice or lapse of time, or both, would constitute, an Event of Default as defined in
Section 10.1 of the Financing Lease.] [If an Event of Default has occurred, please specify the
nature and period of such Event of Default and what action the Local Government has taken, is
taking or proposes to take to rectify it] .
2. [The ownership and status of all or a portion of the 2013 Financed Property has not changed since
the Closing Date.] [If untrue, please describe.]
3. [Neither the 2013 Financed Property nor any portion thereof is being used by a Nongovernmental
Person pursuant to a lease, an incentive payment contract or a take -or -pay or other output -type
contract.] [If untrue, please describe.]
4. [Neither the 2013 Financed Property nor any portion or function thereof is being used pursuant to
or is otherwise subject to a Service Contract that does not satisfy the requirements of Revenue
Procedure 97 -13, as modified by Revenue Procedure 2001 -39.] [If untrue, please describe.]
5. [Other than as may be described in paragraphs 2, 3 and 4 above, neither the 2013 Financed
Property nor any portion or function thereof nor any portion of the Proceeds is being used for a
Private Business Use.] [If untrue, please describe.]
6. [The Local Government has not used or permitted the use of any Proceeds of the Financing Lease
directly or indirectly to make a loan to an ultimate borrower other than itself within the meaning
of Section 4.3 of the Local Tax Document.] [If untrue, please describe.]
7. [Other than any amounts described in the Amended and Restated Nonarbitrage Certificate and
Tax Compliance Agreement dated August , 2013 (the "Local Tax Document "), between VRA
and the Local Government and amounts that may constitute or be on deposit in a Bona Fide Debt
Service Fund, there neither have been nor are now any moneys, securities, obligations, annuity
G -1
contracts, residential rental property, AMT Bonds, investment -type property, Sinking Funds,
Pledged Funds, or other Replacement Proceeds accumulated or held or pledged as security by the
Local Government or any other Substantial Beneficiary of the Financing Lease as security for or
the direct or indirect source of the payment of the principal of or interest on the Financing Lease.]
[If untrue, please describe.]
8. [The Local Government is in compliance with the recordkeeping requirements of Section 4.8 of
the Local Tax Document.] [If untrue, please describe.]
9. [Other than as may be described above, the Local Government is not in default of any of its
obligations under the Local Tax Document.] [If untrue, please describe.]
10. Unless otherwise defined herein, each capitalized term used herein shall have the meaning set
forth in the Local Tax Document.
Sincerely,
[Insert Name]
Local Representative
G -2
SCHEDULE 1.1
FINAL TERMS
Principal Amount of 2013B VRA Bonds $
Total Principal Components of Rental Payments $
Lease Proceeds Amount $
The Lease Proceeds Amount was determined as follows: by [adding to /subtracting from] the par amount of the
Related 2013B VRA Bonds ($ ) , the Local Government's share of the net [premium /discount] on the
2013B VRA Bonds ($ ) and by subtracting from the par amount of the Related 2013B VRA Bonds the
Local Government's share of VRA's Expenses set forth in Section 3.2 ($ and the Local Government's
share of the deposit on the Closing Date to the VRA Reserve ($ ) .
1.1 -1
ADDITIONAL CONDITIONS PRECEDENT TO ACQUISITION
OF FINANCING LEASE:
1.1 -2
PROJECT BUDGET
1.1 -3
RENTAL PAYMENT SCHEDULES
1.1 -4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25
ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY
OF ROANOKE, VIRGINIA APPROVING THE LEASE FINANCING OF
VARIOUS CAPITAL PROJECTS FOR THE COUNTY AND
AUTHORIZING THE LEASING OF CERTAIN COUNTY -OWNED
PROPERTY, THE EXECUTION AND DELIVERY OF A PRIME LEASE
AND A LOCAL LEASE ACQUISITION AGREEMENT AND FINANCING
LEASE, AND OTHER RELATED ACTIONS
WHEREAS, the Board of Supervisors (the "Board ") of the County of Roanoke,
Virginia (the "County "), intends to finance all or a portion of the costs (or to reimburse
the County for payment of such costs) of various capital improvements, including the
construction of a new public library in the Town of Vinton, Virginia (the "Project ");
WHEREAS, the Board has determined that it is in the best interest of the County
to enter into a lease arrangement in order to obtain funds to finance the Project;
WHEREAS, the Board is authorized, pursuant to Section 15.2 -1800 of the Code
of Virginia of 1950, as amended, to lease any improved or unimproved real estate held
by the County;
WHEREAS, the first reading of this ordinance was held on June 11, 2013 and the
second reading and public hearing was held on June 25, 2013;
WHEREAS, Virginia Resources Authority ( "VRA ") intends to issue its
Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing
Program), Series 2013B (the "VRA Bonds "), and to provide a portion of the proceeds to
the County to finance the Project pursuant to the terms of a Local Lease Acquisition
Agreement and Financing Lease (the "Financing Lease "), between the County and
VRA;
Page 1 of 9
WHEREAS, the County will enter into a Prime Lease (the "Prime Lease ") with
VRA whereby the County will lease certain real estate, which may include any or all of
the parcel or parcels of real estate on which the Project is located or on which the
County's public safety building is located, as may be required by VRA (the "Real
Estate ") and the associated improvements and property located thereon (the
"Improvements") to VRA;
WHEREAS, the County will enter into the Financing Lease with VRA pursuant to
which VRA will lease the Real Estate and the Improvements back to the County and the
County will make rental payments corresponding in amount and timing to the debt
service on the portion of the VRA Bonds issued to finance the Project (the "Rental
Payments ");
WHEREAS, pursuant to the Financing Lease the County will undertake and
complete the Project;
WHEREAS, the County intends to pay the Rental Payments out of appropriations
from the County's General Fund;
WHEREAS, the Financing Lease shall indicate that approximately $8,218,350 (or
such other amount as requested by the County and approved by VRA prior to the
pricing of the VRA Bonds) is the amount of proceeds requested (the "Proceeds
Requested ") from VRA;
WHEREAS, VRA's objective is to pay the County an amount which, in VRA's
judgment, reflects the market value of the Rental Payments under the Financing Lease
(the "VRA Purchase Price Objective "), taking consideration of such factors as the
purchase price to be received by VRA for the VRA Bonds, the issuance costs of the
Page 2of9
VRA Bonds (consisting of the underwriters' discount and other costs incurred by VRA
(collectively, the "VRA Costs ")) and other market conditions relating to the sale of the
VRA Bonds;
WHEREAS, such factors may result in the County receiving an amount other
than the par amount of the aggregate principal components of the Rental Payments
under the Financing Lease and consequently (i) the aggregate principal components of
the Rental Payments under the Financing Lease may be greater than the Proceeds
Requested in order to receive an amount of proceeds that is substantially equal to the
Proceeds Requested, or (ii) if the maximum authorized aggregate principal components
of the Rental Payments under the Financing Lease set forth in paragraph 4 of this
Ordinance does not exceed the Proceeds Requested by at least the amount of the VRA
Costs and any original issue discount, the amount to be paid to the County, given the
VRA Purchase Price Objective and market conditions, will be less than the Proceeds
Requested;
WHEREAS, the Prime Lease and the Financing Lease are referred to herein as
the "Documents." Copies of the Documents are on file with the County Administrator.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
1. Approval of Lease - Leaseback Arrangement The lease- leaseback
arrangement with VRA to accomplish the financing of the Project is hereby approved.
The County Administrator is authorized to determine the Real Estate and
Improvements, as may be required by VRA, to be subject to the lease- leaseback
arrangement.
Page 3of9
2. Approval of Prime Lease The leasing of the Real Estate and the
Improvements by the County, as lessor, to VRA, as lessee, pursuant to the terms of the
Prime Lease is hereby approved.
3. Approval of the Financing Lease The leasing of the Real Estate and
the Improvements by VRA, as lessor, to the County, as lessee, pursuant to the terms of
the Financing Lease is hereby approved.
4. Approval of the Terms of the Rental Payments The Rental Payments
set forth in the Financing Lease shall be composed of principal and interest components
reflecting an original aggregate principal amount not to exceed $8,795,000, a true
interest cost not to exceed 4.00% per annum (taking into account any original issue
discount or premium) and a term not exceeding twenty (20) years from the date of the
closing of the VRA Bonds.
It is determined to be in the best interest of the County to accept the offer of VRA
to enter into the Financing Lease with the County for an amount determined by VRA to
be fair, subject to the conditions set forth in this Ordinance, which Financing Lease shall
be executed by the Chairman of the Board (the "Chairman ") and the County
Administrator, or either of them. Given the VRA Purchase Price Objective and market
conditions, it may become necessary to enter into the Financing Lease with aggregate
principal components of the Rental Payments greater than the Proceeds Requested. If
the limitation on the maximum aggregate principal components of Rental Payments on
the Financing Lease set forth in this paragraph 4 restricts VRA's ability to generate the
Proceeds Requested, taking into account the VRA Costs, the VRA Purchase Price
Page 4 of 9
Objective and market conditions, the County Administrator is authorized to accept a
purchase price for the Bond at an amount less than the Proceeds Requested.
The Financing Lease, in substantially the form presented to this meeting, is
hereby approved, with such completions, omissions, insertions and changes not
inconsistent with this Ordinance as may be approved by the Chairman or the County
Administrator. The Chairman and the County Administrator, either of whom may act are
hereby authorized and directed to enter into the Financing Lease.
The actions of the Chairman and the County Administrator in accepting the final
terms of the Rental Payments shall be conclusive, and no further action shall be
necessary on the part of the Board.
5. Other Payments under Financing Lease The County agrees to pay all
amounts required by the Financing Lease, including any amounts required by Section
5.1(b) of the Financing Lease, including the "Supplemental Interest," as provided in
such section.
6. Execution and Recordation of Documents The Chairman and the
County Administrator, either of whom may act, are authorized and directed to execute
the Documents and deliver them to the other parties thereto. The Chairman and the
County Administrator, either of whom may act, are further authorized to cause the Prime
Lease and the Financing Lease, to be recorded in the Clerk's Office of the Circuit Court
of Roanoke County.
7. Form of Documents The Documents shall be in substantially the forms
on file with the County Administrator, which are hereby approved with such completions,
omissions, insertions and changes as may be approved by the Chairman and the
Page 5of9
County Administrator, either of whom may act, with the execution and delivery of the
Documents by the Chairman and /or the County Administrator constituting conclusive
evidence of the approval of any such completions, omissions, insertions, and changes.
8. Essentiality of the Project and Real Estate The Project, the Real
Estate and the Improvements are hereby declared to be essential to the efficient
operation of the County, and the County anticipates that the Project, the Real Estate
and the Improvements will continue to be essential to the operation of the County during
the term of the Financing Lease.
9. Annual Budget While recognizing that it is not empowered to make any
binding commitment to make Rental Payments and any other payments required under
the Financing Lease beyond the current fiscal year, the Board hereby states its intent to
make annual appropriations for future fiscal years in amounts sufficient to make all such
payments and hereby recommends that future Boards do likewise during the term of the
Financing Lease. The Board directs the County Administrator, or such other officer who
may be charged with the responsibility for preparing the County's annual budget, to
include in the budget request for each fiscal year during the term of the Financing Lease
an amount sufficient to pay the Rental Payments and all other payments coming due
under the Financing Lease during such fiscal year. If at any time during any fiscal year
of the County throughout the term of the Financing Lease, the amount appropriated in
the County's annual budget in any such fiscal year is insufficient to pay when due the
Rental Payments and any other payments required under the Financing Lease, the
Board directs the County Administrator, or such other officer who may be charged with
the responsibility for preparing the County's annual budget, to submit to the Board at the
Page 6of9
next scheduled meeting, or as promptly as practicable but in any event within 45 days, a
request for a supplemental appropriation sufficient to cover the deficit.
10. Rental Payments Subject to Appropriation The County's obligation to
make the Rental Payments and all other payments pursuant to the Financing Lease is
hereby specifically stated to be subject to annual appropriation therefor by the Board,
and nothing in this Ordinance or the Documents shall constitute a pledge of the full faith
and credit nor taxing power of the County or compel the Board to make any such
appropriation.
11. Disclosure Documents The County authorizes and consents to the
inclusion of information with respect to the County to be contained in VRA's Preliminary
Official Statement and VRA's Official Statement in final form, both to be prepared in
connection with the sale of the VRA Bonds. If appropriate, such disclosure documents
shall be distributed in such manner and at such times as VRA shall determine. The
County Administrator is authorized and directed to take whatever actions are necessary
and /or appropriate to aid VRA in ensuring compliance with Securities and Exchange
Commission Rule 15c2 -12.
12. Tax Documents The County Administrator and the Director of Finance,
either of whom may act, is authorized to execute a Nonarbitrage Certificate and Tax
Compliance Agreement and /or any related document (the "Tax Documents ") setting
forth the expected use and investment of the proceeds of the VRA Bonds to be received
pursuant to the Documents and containing such covenants as may be necessary in
order for the County and /or VRA to comply with the provisions of the Internal Revenue
Code of 1986, as amended (the "Tax Code "), with respect to the VRA Bonds and the
Page 7of9
Documents including the provisions of Section 148 of the Tax Code and applicable
regulations relating to "arbitrage bonds." The County covenants that the proceeds of
the VRA Bonds to be received pursuant to the Documents will be invested and
expended as set forth in the Tax Documents, to be delivered simultaneously with the
issuance and delivery of the Financing Lease and that the County shall comply with the
other covenants and representations contained therein.
13. Other Actions All other actions of the officers of the County in
conformity with the purpose and intent of this Ordinance are hereby approved and
confirmed. The officers of the County are hereby authorized and directed to execute
and deliver all certificates and instruments and to take all such further action as may be
considered necessary or desirable in connection with the execution and delivery of the
Documents.
14. SNAP Investment Authorization The County has heretofore received
and reviewed the Information Statement (the "Information Statement ") describing the
State Non - Arbitrage Program of the Commonwealth of Virginia ( "SNAP ") and the
Contract Creating the State Non - Arbitrage Program Pool I (the "Contract "), and the
County has determined to authorize the Director of Finance to utilize SNAP in
connection with the investment of the proceeds of the lease- leaseback transaction if the
Director of Finance determines that the utilization of SNAP is in the best interest of the
County. The Board acknowledges that the Treasury Board of the Commonwealth of
Virginia is not, and shall not be, in any way liable to the County in connection with
SNAP, except as otherwise provided in the contract creating the investment program
rm�
Page 8of9
15. Effective Date This Ordinance shall take effect immediately.
Page 9of9
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25
ORDINANCE PROVIDING FOR THE REFUNDING OF 2004 LEASE
FINANCING WITH VIRGINIA RESOURCES AUTHORITY
WHEREAS, on June 1, 2004, the County of Roanoke, Virginia (the "Local
Government ") entered into a Financing Lease (the "Original Financing Lease "), with
Virginia Resources Authority ( "VRA"), and VRA acquired the Original Financing Lease
pursuant to a Local Lease Acquisition Agreement dated as of June 16, 2004, between
VRA and the Local Government;
WHEREAS, VRA acquired the Original Financing Lease with a portion of the
proceeds of one of the series of VRA's Virginia Pooled Financing Program Bonds (the
"VRA VPFP Bonds ");
WHEREAS, VRA has advised the Local Government that the credit markets are
currently favorable for the refunding of a aortion of the VRA VPFP Bonds (the
"Refunding Transaction "), which may enable VRA to pass on annual debt service
savings to the Local Government;
WHEREAS, VRA will effect the Refunding Transaction through the issuance and
sale of a series of refunding bonds issued under VRA's Virginia Pooled Financing
Program (the "VRA Refunding Bonds ") ;
WHEREAS, VRA has indicated that if the Local Government participates in the
Refunding Transaction the most significant modifications required to the terms of the
Original Financing Lease will be to reconcile the Rental Payments and redemption
provisions of the Original Financing Lease with the debt service payments and
Page 1 of 3
redemption provisions of the VRA Refunding Bonds and such modifications will be
embodied in amendments to the Original Financing Lease or in replacements thereof
(the "Local Refunding Documents "); and
WHEREAS, unless otherwise defined each capitalized term used in this
Ordinance shall have the meaning given it in the Original Financing Lease; and
WHEREAS, the first reading of this ordinance was held on June 11, 2013 and
the second reading and public hearing was held on June 25, 2013.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE LOCAL GOVERNMENT:
1. Agreement to Participate. The Local Government's participation in the
Refunding Transaction is hereby approved provided that (i) the minimum savings
threshold to be realized by the Local Government shall be not less than three percent
(3 %) savings on a present value basis compared to the existing and outstanding Rental
Payments under the Original Financing Lease or portion thereof to be refunded and (ii)
the term of the Original Financing Lease as amended or replaced in the Refunding
Transaction shall not be extended past the end of the fiscal year in which occurs the
current final Rental Payment under the Original Financing Lease.
2. Authorization of Local Refunding Documents. Each of the Local
Government's Chairman of the Board of Supervisors, County Administrator and Director
of Finance (each a "Local Representative ") is authorized to execute and deliver the
Local Refunding Documents in such form as will reflect and facilitate the Refunding
Transaction within the parameters and intent of this Ordinance. The Clerk to the Board
Page 2of3
of Supervisors is authorized to affix the Local Government's seal on any such
documents and attest or counter -sign the same.
3. Official Statement. The Local Government authorizes and consents to the
inclusion of information with respect to the Local Government in VRA's Preliminary
Official Statement and Official Statement, both to be prepared in connection with the
sale of the VRA Refunding Bonds.
4. Other Actions. Each Local Representative is authorized to execute and
deliver all certificates, documents, agreements and instruments and to take all such
further action as they may consider necessary and desirable in connection with the
refunding of all or a portion of the Original Financing Lease and the consummation of
the Refunding Transaction, including the execution and delivery of such documents and
the making of such elections as may be reasonably requested by VRA to maintain or
establish a tax - favored status for the VRA Refunding Bonds.
5. Effective Date. This Ordinance shall take effect immediately.
Page 3of3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25
ORDINANCE AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR
2013 -2014 BUDGET BY THE APPROPRIATION OF $13,973,416 TO
FINANCE VARIOUS PUBLIC FACILITY PROJECTS
WHEREAS, on May 14, 2013, the Board of Supervisors of Roanoke County held
a work session on the County's Capital Improvements Program Tier 1 Priority Projects;
and
WHEREAS, the Board considered County staff recommendations for funding
capital projects by appropriating or re- appropriating funds from various other sources;
and
WHEREAS, Section 15.2 -2507 of the Code of Virginia provides that a locality
may amend its budget to adjust the aggregate amount appropriated; however, any such
amendment which exceeds one percent of the total expenditures in the adopted budget
must be accomplished by publishing a notice of a meeting and a public hearing in the
newspaper and that such notice shall state the governing bodies intent to amend the
budget and include a brief synopsis of the proposed budget amendment; and
WHEREAS, the Roanoke County Charter provides that funds be appropriated by
ordinance; and
WHEREAS, first reading of this ordinance was held on June 11, 2013, and the
second reading and public hearing was held on June 25, 2013.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
Page 1 of 2
1. That the Roanoke County 2013 -2014 Budget and Appropriation Ordinance
be amended by the appropriation of $13,973,416 from the sources and for the purposes
as follows:
Amount
Project Appropriated
Fuel Storage Tanks 250,000
Fire and Rescue Generators
P & R Sports Field Lighting
928,000
750,000
Social Services
Li bra ry
Integrated Financial System
3
8
363,316
Source of Funds
From Merriman Roundabout
From South County Library
From Merriman Roundabout
From South County Library
From Minor Capital
From Salem City
From Salem Bank and Trust Fund
From Major Capital
From Minor Capital
2013 Bond Issue -VRA
Town of Vinton
Lease proceeds
2004VRA Refunding
Amount of source
of funds
200,000
50,000
928,000
522,000
228,000
500,000
1
938,161
561,839
8,218,350
377,500
86,250
363,316
$ 13, 973, 416 $ 13,973
2. That this ordinance shall take effect from and after July 1, 2013.
Page 2 of 2
ACTION NO.
ITEM NO. H - 7
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
June 25, 2013
Ordinance authorizing the vacation of (1) a portion of an
unimproved fifty foot (56') right -of -way designated as
Circleview Drive, (2) a twenty foot (2g') access easement to
stormwater management area, and (3) a stormwater
management easement (plat of Suncrest Heights, Section 3,
Plat Book 13, Page 165) and accepting the dedication of 0.117
ac. for the completion of a cul -de -sac at the end of Circleview
Drive and a public drainage easement as shown on a plat
entitled "Resubdivision Plat from records for John A. Hall &
Company, Inc. and Kent S. Greenawalt Revocable Trust
located in the Cave Spring Magisterial District
Arnold Covey
Director of Community Development
B. Clayton Goodman III � * �Q,
County Administrator � ('Aul
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This request was submitted by John A. Hall, the heir to John A. Hall &Company, Inc., the
original developer. Mr. Hall is requesting the vacation of the following, which were
dedicated by plat of Suncrest Heights, Section 3, Plat Book 13, Page 165).
(1) Portion of an unimproved fifty foot (50') right -of -way designated as Circleview
Drive
(2) Twenty foot (20') access easement to stormwater management area
(3) 0.3285 acre stormwater management easement
Mr. Hall and Mr. Greenawalt will dedicate to the public the following:
(1) 0.3285 acre public drainage easement
(2) 0.117 acre cul -de -sac
Page 1 of 3
"rhe first reading of this ordinance was held on June 11, 2013.
BACKGROUND
The plat of Suncrest Heights Section 3 was submitted by John A. Hall &Company, Inc. and
approved by the County of Roanoke in 1991. The original total development of Suncrest
Heights Section 3 was 16.226 acres containing thirteen (13) lots and approximately one
thousand (1000) linear feet of public right -of -way (1.759 acres) as shown on P. B. 13 Pg.
165 (Exhibit "A ").
In November of 2008, the adjacent property owner, Kent Greenawalt, purchased six (6) lots
(Lots 1, 2, 10, 11, 12 and 13) of the original thirteen (13) lots in Section 3 of Sunset Heights
and corribined those six (6) lots with his property. (Instrument #200815329).
The Developer is offering to combine Lots 1, 2, and 3, Block 2 into new Lot 1 -A to further
reduce the development potential of Suncrest Heights, Section 3. This combination will
leave only two (2) undeveloped lots as shown on Exhibit "B" (Lots 3 -A and 1 -A).
Staff concurs with the Petitioners requests for the following reasons:
1. Mr. Greenawalt's purchase of the six (6) lots and combining those lots
with his property eliminates the need for Hall to build the remaining five hundred and
twenty 'five (525) linear feet (1.103 ac.) of the public right -of -way as shown in green
on Exhibit "B ". The five hundred and twenty five (525) linear feet provides no public
access and therefore should be vacated.
2. To eliminate any downstream flooding issues, several years ago, the
Roanoke County Drainage Division improved the drainage channel from the outfall
of the Suncrest Stormwater Management Easement. Reducing the number of
developable lots from thirteen (13) to four (4) allows the Developer to reduce the
length of Circleview Drive. This reduction in roadway reduces the amount of
impervious area from 33,058 square feet to 13,271 square feet reducing the
stormwater impact thereby eliminating the need for the stormwater management
easement and therefore it should be vacated as shown in blue on Exhibit "B ".
3. Roanoke County's Stormwater Design Manual, requires stormwater
management access roads on slopes greater than ten percent (10 %) shall have a
paved surfaced and a minimum width of twelve (12) feet. To construct the
stormwater management access road for this subdivision would require extensive
grading, removal of a large number of trees and the access road would have to be
approximately three hundred and eighty (380) feet in length. With the elimination of
the stormwater management easement, the need for the twenty foot (20')
stormwater access road is also eliminated and therefore it should be vacated as
shown in orange on Exhibit " B " , which will help reduce an additional four thousand
five hundred and eighty (4,580) square feet of impervious area.
Page 2 of 3
4. Due to the reduction in the number of developable lots in Section 3 of
Suncrest Heights, the public right -of -way necessary to meet the Roanoke County
Subdivision Ordinance regulations is approximately four hundred and seventy five
(475) linear feet as shown on Exhibit "B ". Hall and Greenawalt will dedicate the
necessary four hundred and seventy five (475) linear feet (0.117 acre) to the public
for completion of a cul -de -sac at the end of Circleview Drive as shown in red on
Exhibit "B ".
5. To replace the vacated stormwater management easement, Hall will
dedicate a 0.3285 acre public drainage easement as shown in blue on Exhibit "B ".
FISCAL IMPACT:
The costs and expenses associated herewith, including but not limited to publication,
survey, and recordation costs, shall be the responsibility of the petitioners.
ALTERNATIVES:
1. Approve the vacations of five hundred and twenty five (525) linear feet of Circleview
Drive right -of -way, stormwater management access easement and twenty foot (20')
access easement to stormwater management easement. Accept the dedication of four
hundred and seventy five (475) linear feet (0.117 acre) for the completion of a cul -de-
sac at the end of Circleview Drive and accept the dedication of a 0.3285 public drainage
easement.
2. Approve right -of -way vacation, but deny vacating the stormwater management access
easement, and stormwater management easement.
3. Deny the request.
STAFF RECOMMENDATION:
Staff recommends Alternative 1.
Page 3of3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25
ORDINANCE AUTHORIZING THE VACATION OF (1) A PORTION OF AN
UNIMPROVED FIFTY FOOT (50') RIGHT -OF -WAY DESIGNATED AS
CIRCLEVIEW DRIVE, (2) A TWENTY FOOT (20') ACCESS EASEMENT TO
STORMWATER MANAGEMENT AREA, AND (3) A STORMWATER
MANAGEMENT EASEMENT (PLAT OF SUNCREST HEIGHTS, SECTION
3, PLAT BOOK 13, PAGE 165) AND ACCEPTING THE DEDICATION OF
0.117 AC. FOR THE COMPLETION OF A CUL -DE -SAC AT THE END OF
CIRCLEVIEW DRIVE AND A PUBLIC DRAINAGE EASEMENT AS SHOWN
ON A PLAT ENTITLED "RESUBDIVISION PLAT FROM RECORDS FOR
JOHN A. HALL & COMPANY, INC. AND KENT S. GREENAWALT
REVOCABLE TRUST", LOCATED IN THE CAVE SPRING MAGISTERIAL
DISTRICT
WHEREAS, the map of Sunset Heights, Section 3, (Exhibit "A ") recorded in the
Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 13, page 165,
dedicated a fifty foot (50') right -of -way designated as Circleview Drive, a twenty foot (20')
access easement to a stormwater management easement, and a 0.3285 acre stormwater
management easement; and
WHEREAS, a portion of the area dedicated and set aside for public use as
Circleview Drive on Plat Book 13, Page 165 has never been improved and is no longer
needed to meet the County subdivision ordinance regulations; and
WHEREAS, a 0.3285 stormwater management easement is no longer necessary
due to the reduction in the amount of impervious area in Sunset Heights, Section 3 also
eliminating the need for the twenty foot (20') access easement to the stormwater
management easement; and
WHEREAS, John A. Hall & Company, Inc., the developer of Sunset Heights, Section
3, and Kent Greenawalt, an adjoining property owner who has purchased six (6) lots of the
original thirteen (13) lots in Section 3 of Sunset Heights, have requested, pursuant to
Page 1 of 4
Section 15.2 -2272 of the Code of Virginia (1950, as amended), the Board of Supervisors of
Roanoke County, Virginia, vacate of a portion of Circleview Drive, a twenty foot (20')
access easement to a stormwater easement and a 0.3285 acre stormwater management
easement so as to permit these property owners to make improvements to their properties;
and
WHEREAS, no other property owner will be affected by the vacation of this
undeveloped portion of said Circleview Drive, twenty foot (20') access easement to
stormwater management easement, and stormwater management easement and their
current existence imposes an impediment to the adjoining property owners making
improvements to their properties; and
WHEREAS, this vacation will not involve any cost to the County and the affected
County departments have raised no objection; and
WHEREAS, notice has been given as required by Section 15.2 -2204 of the Code of
Virginia (1950, as amended); and
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by ordinance.
A first reading of this ordinance was held on June 11, 2013, and a second reading and
public hearing of this ordinance was held on June 25, 2013.
2. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the subject real estate (a portion of Circleview Drive, a fifty foot (50') wide street
containing approximately five hundred twenty five (525) linear feet and 1.103 acres and
Page 2 of 4
(shown as Area #1 on the attached Exhibit "B ") is hereby declared to be surplus and the
nature of the interests in real estate renders it unavailable for other public use, pursuant to
Section 15.2 -2272 of the Code of Virginia, 1950, as amended.
4. That the twenty foot (20') access easement to stormwater management
easement and the stormwater management easement shown as Areas #2 and #3 as
described and shown on Exhibit "B" attached hereto, be and hereby are, vacated pursuant
to Section 15.2 -2272 of the Code of Virginia of 1950, as amended.
5. That Roanoke County hereby accepts the dedication to the public by John A.
Hall & Company, Inc. and Kent S. Greenawalt Revocable Trust of a 0.3285 acre public
drainage easement (Area # 3 on Exhibit "B ") and a 0.117 acre parcel for the completion of
the cul -de -sac at the end of Circleview Drive (Area #4 on Exhibit "B ") to be dedicated by the
recordation of a plat entitled "Resubdivision Plat from records for John A. Hall & Company,
Inc. and Kent S. Greenawalt Revocable Trust showing the vacation of 1.103 Acres of
Circleview Drive, Section 3, Suncrest Heights (PB13, PG 165) Being Vacated by the
County of Roanoke and the Dedication of a 0.117 Acre Cul -de- Sac..." dated May 20, 2013,
prepared by Parker Design Group; and
6. That all costs and expenses associated herewith, including but not limited to
publication, survey and recordation costs, shall be the responsibility of the Petitioners.
7. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such actions as may be necessary
to accomplish the provisions of this ordinance, all of which shall be on form approved by the
County Attorney.
Page 3 of 4
8. That this ordinance shall be effective on and from the date of its adoption, and a
certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, in accordance with Section 15.2 -2272 of the Code of Virginia
(1950, as amended).
Page of
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WIDTH
Acres
Feet
Feet
Description for ori ROW for Circleview Drive in
Suncrest Hei Section 3 shown in purple
1.759
Variable
20
ROANOKE COUNTY
DEPARTMENT OF ORIGINAL PLAT FOR SUNCREST HEIGHTS SECTION 3
COMMUNITY DEVLOPMENT
C I-E A RBRO OK
7
yicnyiTyMAP
Exhibit "B"
NORTH
".~-W
WI.13.L, WIN DALDNG LINE
P.Q.E. UTNIT1 Ek $9W
D.E. MANAGE EASIEWENI
14/W RIGHT OF 110
SANIIAN -f SLMkN NANKULL
SANITAIVY SE't1M LIU
WATER VALVE
WATER WETER
H' Rmf PROPUtT1' OF
0 PROP ERTY DER L80A S L1 PIE
a %jA" 3 EAST C L e , 14m, Pr. 1541
SAMTARY TAx I. 91LTr- 01 -
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ir
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AREA BEING VA_Casa AS DESCMEED
IN INSTRJWIN T NO. 2CCE115321.
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Feet
Feet
1. ROW for Circleview Drive being vacated is shown in
REVXA8if TRUST
green
1Z+a¢M F lPf VA f'4 • ni 6W OF
Variable
20
2. Stormwater management access easement to be
E NEW FS' (ea IA PC 14ya�
1.103 ACRES (P.8i 15, PC. 165)
VAC;A B� rY 4F �6
[ I -Mg ACRES (IN5T.j 2EI[I�153 �]
AND TW � ' Of A f1.10P ACW -Of-RAC
PM'nCN OF CIRC UVEW DRIB
20
HERLUY VAGA ILD BY
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ORCIPIANCE —
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CO RNERS
- �J
IN RL TO 1 NCL.USIVI.
SEM 4 AWWSr hM
red
STUATE ON C;IRCLE"EW MME
Variable
(VA. SECT. RM 726)
CAVE SPFRNG MACISTEMAL CWSTRICT
SEE NUM 6
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DESCRIPTION
AREA
ROW
WIDTH
Acres
Feet
Feet
1. ROW for Circleview Drive being vacated is shown in
green
1.103
Variable
20
2. Stormwater management access easement to be
vacated which is shown in orange.
0.21
N/A
20
3. Stormwater management easement to be changed to
a public drainage easement shown in light blue.
0.28
N/A
Variable
4. ROW for Circleview Drive being dedicated is shown in
red
0.117
Variable
Variable
ROANOKE COUNTY
DEPARTMENT OF PROPOSED PLAT FOR SUNCREST HEIGHTS SECTION 3
COMMUNITY DEVLOPMENT
ACTION NO.
ITEM NO. 1.1 -3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 25, 2013
AGENDA ITEM: Appointments to Committees, Commissions and Boards
SUBMITTED BY: Deborah C. Jacks
Clerk to the Board
APPROVED BY: B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Capital Improvement Program (CIP) Review Committee (appointed by District)
The one -year term of Becky Walter, representing the Hollins Magisterial District,
expired on August 31, 2012. Ms. Walter has served three consecutive terms and
cannot be reappointed.
2. Community Policy and Management Team (CPMT)(at Large appointment)
Ms. Lisa McDowell of Braley and Thompson's term as a Private community Resource
will expire on June 30, 2013. The Board has by consensus recommended that she be
reappointed to a new three -year term to expire June 30, 2016. Confirmation of this
appointment has been placed on the Consent Agenda.
3. Parks, Recreation and Tourism Advisory Commission (appointed by District)
The three -year term of Roger L. Falls, representing the Vinton Magisterial District,
expired on June 30, 2012.
Page 1 of 1
k
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 25 2013
RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM J- CONSENT AGENDA
BE IT RESOLVED by the Beard of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for June 25,
2013, designated as Item J - Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through 2
inclusive, as fellows:
1. Approval of minutes — June 1 1 , 2013
2. Confirmation of appointment to the Court Community Corrections Program
Regional Community Criminal Justice Board; Community Policy and
Management Team (CPMT)
Page 1 of 1
ACTION NO.
ITEM NO. J -2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
June 25, 2013
Confirmation of appointments to Court Community Corrections
Program Regional Community Criminal Justice Board;
Community Policy and Management Team (CPMT);
Deborah C. Jacks
Clerk to the Board
B. Clayton Goodman III��, �
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Court Community Corrections Program Regional Community Criminal Justice
Board:
During the closed session on May 14, 2013, the Board of Supervisors recommended
the reappointmentof Sheriff Michael Winston to an additional three -year term toexpire
on June 30, 2016.
2. Community Policy and Management Team (CPMT):
By consensus, the Board has recommended the reappointment of Ms. Lisa McDowell
be reappointed as the Private Community Resource to an additional three -year term to
expire June 30, 2016,
Page 1 of 1
ACTION NO.
ITEM NO. L -1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
June 25, 2013
Request for public hearing to establish blight and determine
disposition of property located at 3414 Garst Mill Road
Joel Baker
Building Commissioner
B. Clayton Goodman III
County Administrator
4-4
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY of INFORMATION:
The identified property has been determined to be subject to the Spot Blight Abatement
Process (See attached photos of the structure.) Owners have been properly notified and
given opportunity to respond with a proposal for curing the blight. No response has been
received within the allotted time (See attached notices.) In order to proceed with the
process, a public hearing is required to confirm the blight and gain approval for a plan to
remedy the blight.
FISCAL IMPACT:
- there is no request for funding at this time. Should a public hearing be scheduled, a
correction plan and funding proposal will be submitted to the Board for consideration.
AL ~rERNATIVES:
A. Schedule public hearing a@ August 13, 2013, Board meeting
B. Do not schedule hearing.
STAFF RECOMMENDATION:
Staff recommends alternative "A" by scheduling the hearing for the August 13, 2013, Board
Meeting.
Page 1 of 1
Notice of Determination of Bli and Re for Plan of Correction
Propert 3414 Garst Mill Road
Tax ID: 068.17-01-17.00-0000
Owner: George T and Elizabeth Harrison Annho
Owner Address: 403INBrufey Street, Salem, VA 24153
Date ofNotice: April 11,2013
The above referenced property has been determined to be blighted as defined by the Roanoke County Spot
Blight Abatement Policy. The following conditions are specifically identified as constituting a blighted condition
0 Property has been vacant and unattended for at least ayeer
0 |t has been the subject of documented complaints
° |tisno longer being maintained for useful 000upanoy
° i1is dilapidated and lacks normal maintenance and upkeep
=
Deteriorated roofing and siding materials have exposed structural members toweather
Propert is vacant, open and sub to trespass b the g eneral public
Per the policy the owner is required to submit o written plan of correction within thirty 00days of receipt of this
notice. The plan must detail what measures will be taken to correct the blighted conditions identified above. The
plan must also indicate a definite date of completion which cannot exceed a period of ninety (90) days. Failure to
submit the required plan or complete the plan within the required QO days will result in the county institut legal
proceedings which may include but are not limited Lo the following:
=
Performing the necessary work and placing a lien on the property.
°
Having the property declared a public nuisance
�
Condemning the property and instituting eminent domain proceedings to take possession of the property
in order to correct the bli condition
Your immediate attention to this matter is required. Please submit your correction plan to this office as soon as
possible. An q uestions y ou ma have re this matter should be directed to the Office of Buildin Safet
Joel S. Baker CBO
Building Commissioner
�O.BOX2 VIRGINIA 24018' PHONE (540)772-208Q'FAX (540) 776-7155
]of 0000
DEPARTMENT {}F COMMUNITY DEVELOPMENT
Bu|Lo|mG PeRw/ro |mopsoTowa
DIRECTOR, ARmOLoCOVEY
DEVELOPMENT REVIEW
DEPUTY DIRECTOR Op DEVELOPMENT SERVICES, TARsKwowE/R
ENG|NsEn|wG
DEPUTY DIRECTOR oF PLANNING,
PHILIP TVowpSom
Ewv|ROMswTALmAwAGEmEmT
pLAww|mG & ZONING
TRANSPORTATION
Notice of Determination of Bli and Re for Plan of Correction
Propert 3414 Garst Mill Road
Tax ID: 068.17-01-17.00-0000
Owner: George T and Elizabeth Harrison Annho
Owner Address: 403INBrufey Street, Salem, VA 24153
Date ofNotice: April 11,2013
The above referenced property has been determined to be blighted as defined by the Roanoke County Spot
Blight Abatement Policy. The following conditions are specifically identified as constituting a blighted condition
0 Property has been vacant and unattended for at least ayeer
0 |t has been the subject of documented complaints
° |tisno longer being maintained for useful 000upanoy
° i1is dilapidated and lacks normal maintenance and upkeep
=
Deteriorated roofing and siding materials have exposed structural members toweather
Propert is vacant, open and sub to trespass b the g eneral public
Per the policy the owner is required to submit o written plan of correction within thirty 00days of receipt of this
notice. The plan must detail what measures will be taken to correct the blighted conditions identified above. The
plan must also indicate a definite date of completion which cannot exceed a period of ninety (90) days. Failure to
submit the required plan or complete the plan within the required QO days will result in the county institut legal
proceedings which may include but are not limited Lo the following:
=
Performing the necessary work and placing a lien on the property.
°
Having the property declared a public nuisance
�
Condemning the property and instituting eminent domain proceedings to take possession of the property
in order to correct the bli condition
Your immediate attention to this matter is required. Please submit your correction plan to this office as soon as
possible. An q uestions y ou ma have re this matter should be directed to the Office of Buildin Safet
Joel S. Baker CBO
Building Commissioner
�O.BOX2 VIRGINIA 24018' PHONE (540)772-208Q'FAX (540) 776-7155
i
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GENERAL FUND UNAPPROPRIATED BALANCE
COUNTY OF ROANOKE, VIRGINIA
Amount
N -1
% of General
Fund R
Audited balance at June 30, 2012 $ 20,572
6/11/2613 Transfer from Health Insurance Reserve 566
Balance at June 25, 2613 $ 21,672, 318
Note: on December 21, 2664, the Board of Supervisors adopted a policy to increase the Genera
Fund Unappropriated Balance incrementally over several years.
* 2611 -12 -Goal of 11 % of General Fund Revenues
2911 -12 General Fund Revenues
11 % of General Fund Revenues
** 2612 -13 - Goal of 11 % of General Fund Revenues
2912 -13 General Fund Revenues
11 % of General Fund Revenues
$192,726,943
$21
$192
$21
The Unappropriated Fund Balance of the County is currently maintained at 10.70 %.
The County's goal is to increase the balance over time to 11.0%
Submitted By Rebecca E. Owens
Director of Finance
Approved By B. Clayton Goodman III
County Administrator
10.67% *
4 n nr_ n■ **
N -2
COUNTY of ROANOKE, VIRGINIA
CAPITAL RESERVES
Minor County Capital Reserve
(Projects not in the CIP, architectural /engineering services, and other one -time expenditures.)
Amount
Audited balance at June 30, 2012 $1 1 574 1 1 25.05
October 2012 Fire Truck loan payment for 2012 -13 300,000.00
Addition of 2011 -12 operations 1 1 270,929.00
June 1 1 , 2013 Transfer from Health Insurance Reserves 500 1 000.00
Balance at June 25, 2013 $3,745,055.06
M „alor county capital Reserve
(Projects in the GIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.)
Audited balance at June 30, 2012 $938 61.00
June 11 , 2013 Transfer from Health Insurance Reserves 500,000.00
Balance at June 25, 2013
Submitted By Rebecca E. Owens
Director of Finance
Approved By B. Clayton Goodman III
County Administrator
$10438,151.00
N -3
RESERVE FOR BOARD CONTINGENCY
COUNTY OF ROANOKE, VIRGINIA
Amount
From 2012 -13 original Budget $109,009.00
June 25, 2012 Appropriation for Legislative Liaison (32,400.00)
August 14, 2012 Appropriation for relocation of three Roanoke County polling precincts (3
December 11, 2012 Appropriation for retiring debt of the Veteran's Monument at the Vinton (5
War Memorial
April 9, 2013 Appropriation for Bent Mountain Community Center (4,180.00)
May 14, 2013 Appropriation for Democratic Primary Election June 11, 2013 (20,015.00)
Balance at June 25, 2013 $ 35,155.00
Submitted By Rebecca E. Owens
Director of Finance
Approved By B. Clayton Goodman III �l
County Administrator
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ACTION NCB.
ITEM NO.
N -6
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS
OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 25, 2013
AGENDA ITEM: Accounts Paid —May 2013
SUBMITTED BY: Rebecca E. Owens
Director of Finance
APPROVED BY: B. Clayton Goodman III 3 )iw
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Direct Deposit Checks
Total
Payments to Vendors $ - $ -
$ 8
Payroll 05/10/13 1 73
1
Payroll 06/24/13 1,151, 308.64 77, 075.67
1, 228, 384.31
Manual Checks - 3
3
Grand Total
$ 10,978,103.52
A detailed listing of the payments is on file with the Clerk to the Board of Supervisors.