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Home My WebLink About12/10/2013 - Regular Î±¿²±µ» Ý±«²¬§ Þ±¿®¼ ±º Í«°»®ª·±® Ü»½»³¾»® ïðô îðïí ×ÒÊÑÝßÌ×ÑÒæ Ûª¿²¹»´·¬ Ö±¸²²·» ßò Ì·½µ´» Ê¿´´»§ Ý¸®·¬·¿² Ý¸«®½¸ ÐÔÛÜÙÛ ÑÚ ßÔÔÛÙ×ßÒÝÛ ÌÑ ÌØÛ ËÒ×ÌÛÜ ÍÌßÌÛÍ ÚÔßÙ Disclaimer: he 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 Ð¿¹» ï ±º ê Î±¿²±µ» Ý±«²¬§ Þ±¿®¼ ±º Í«°»®ª·±® ß¹»²¼¿ Ü»½»³¾»® ïðô îðïí Ù±±¼ ¿º¬»®²±±² ¿²¼ ©»´½±³» ¬± ±«® ³»»¬·²¹ º±® Ü»½»³¾»® ïðô îðïíò Î»¹«´¿® ³»»¬·²¹ ¿®» ¸»´¼ ±² ¬¸» »½±²¼ ¿²¼ º±«®¬¸ Ì«»¼¿§ ¿¬ íæðð °ò³ò Ð«¾´·½ ¸»¿®·²¹ ¿®» ¸»´¼ ¿¬ éæðð °ò³ò ±² ¬¸» º±«®¬¸ Ì«»¼¿§ ±º »¿½¸ ³±²¬¸ò Ü»ª·¿¬·±² º®±³ ¬¸· ½¸»¼«´» ©·´´ ¾» ¿²²±«²½»¼ò Ì¸» ³»»¬·²¹ ¿®» ¾®±¿¼½¿¬ ´·ª» ±² ÎÊÌÊô Ý¸¿²²»´ íô ¿²¼ ©·´´ ¾» ®»¾®±¿¼½¿¬ ±² Ì¸«®¼¿§ ¿¬ éæðð °ò³ò ¿²¼ ±² Í¿¬«®¼¿§ ¿¬ ìæðð °ò³ò Þ±¿®¼ ±º Í«°»®ª·±® ³»»¬·²¹ ½¿² ¿´± ¾» ª·»©»¼ ±²´·²» ¬¸®±«¹¸ Î±¿²±µ» Ý±«² ©©©òÎ±¿²±µ»Ý±«²¬§Êßò¹±ªò Ñ«® ³»»¬·²¹ ¿®» ½´±»¼ó½¿°¬·±²»¼ô ± ·¬ · ·³°±®¬¿²¬ º±® »ª»®§±²» ¬± °»¿µ ¼·®»½¬´§ ·²¬± ¬¸» ³·½®±°¸±²» ¿¬ ¬¸» °±¼·«³ò ×²¼·ª·¼«¿´ ©¸± ®»¯«·®» ¿·¬¿²½» ±® °»½·¿´ ¿®®¿²¹»³»²¬ ¬± °¿®¬·½·°¿¬» ·² ±® ¿¬¬»²¼ Þ±¿®¼ ±º Í«°»®ª·±® ³»»¬·²¹ ¸±«´¼ ½±²¬¿½¬ ¬¸» Ý´»®µ ¬± ¬¸» Þ±¿®¼ ¿¬ øëìð÷ 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Ý±³³»®½·¿´ô Ü·¬®·½¬ ¿²¼ ¬± ±¾¬¿·² ¿ Í°»½·¿´ Ë» Ð»®³·¬ º±® ¬¸» ±°»®¿¬·±² ±º ¿ ½¿® ©¿¸ô ´±½¿¬»¼ ¿¬ ïçðë Û´»½¬®·½ Î±¿¼ô É·²¼±® Ø·´´ Ó¿¹·¬»®·¿´ Ü·¬®·½¬ øÐ¸·´·° Ì¸±³°±²ô Ü»°«¬§ Ü·®»½¬±® ±º Ð´¿²²·²¹÷ Ð¿¹» ë ±º ê îò Ì¸» °»¬·¬·±² ±º Î±¿²±µ» Ý±«²¬§ Þ±¿®¼ ±º Í«°»®ª·±® ¬± ®»¦±²» ¿°°®±¨·³¿¬»´§ ðòëï ¿½®» º®±³ Îóïô Ô±© Ü»²·¬§ Î»·¼»²¬·¿´ô Ü·¬®·½¬ ¬± Ýóîô Ø·¹¸ ×²¬»²·¬§ Ý±³³»®½·¿´ô Ü·¬®·½¬ô ´±½¿¬»¼ ¿¬ ííïç ¿²¼ ííîí É»¬³±®»´¿²¼ Ü®·ª»ô Ý¿ª» Í°®·²¹ Ó¿¹·¬»®·¿´ Ü·¬®·½¬ øÐ¸·´·° Ì¸±³°±²ô Ü»°«¬§ Ü·®»½¬±® ±º Ð´¿²²·²¹÷ íò Ñ®¼·²¿²½» ¿³»²¼·²¹ Í»½¬·±² ïëóïðò Þ»¸¿ª·±® ±º ¬¸» Î±¿²±µ» Ý±«²¬§ Ý±¼» ¬± °»®³·¬ ¬¸» «»ô ½±²«³°¬·±² ±® °±»·±² ±º ¿´½±¸±´·½ ¾»ª»®¿¹» ¿¬ Î±¿²±µ» Ý±«²¬§ º¿½·´·¬·» øÜ±«¹ Þ´±«²¬ô Ü·®»½¬±® ±º Ð¿®µô Î»½®»¿¬·±² ¿²¼ Ì±«®·³å Ð¿«´ Óò Ó¿¸±²»§ô Ý±«²¬§ ß¬¬±®²»§ ¿²¼ Ü·¿²¿ Î±¿°»°»ô Ü·®»½¬±® ±º Ô·¾®¿®·»÷ ìò Ñ®¼·²¿²½» ®»°»¿´·²¹ Í»½¬·±² ïèóêì ¿²¼ Í»½¬·±² îîóéï ±º ¬¸» Î±¿²±µ» Ý±«²¬§ Ý±¼» ¿²¼ ¿¼±°¬·²¹ ²»© Í»½¬·±² ïèó ó øÐ¿«´ Ó¿¸±²»§ô Ý±«²¬§ ß¬¬±®²»§÷ ëò Ñ®¼·²¿²½» ¿°°®±ª·²¹ ¿ ´»¿» ¾»¬©»»² Î±¿²±µ» Ý±«²¬§ ¿²¼ ¬¸» É»¬»®² Ê·®¹·²·¿ É¿¬»® ß«¬¸±®·¬§ º±® ¬¸» ´±½¿¬·±² ±º ¿ ©¿¬»® ¬¿²µ øÎ·½¸¿®¼ Ôò Ý¿§©±±¼ô ß·¬¿²¬ Ý±«²¬§ ß¼³·²·¬®¿¬±®÷ Îò Ý×Ì×ÆÛÒ ÝÑÓÓÛÒÌÍ ßÒÜ ÝÑÓÓËÒ×ÝßÌ×ÑÒÍ Íò ÎÛÐÑÎÌÍ ßÒÜ ×ÒÏË×Î×ÛÍ ÑÚ ÞÑßÎÜ ÓÛÓÞÛÎÍ ïò Ý¸¿®´±¬¬» ßò Ó±±®» îò Î·½¸¿®¼ Ýò Ú´±®¿ íò ìò ëò Ó·½¸¿»´ Éò ß´¬·¦»® Ìò ßÜÖÑËÎÒÓÛÒÌ Ð¿¹» ê ±º ê AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 10, 2013 RESOLUTION OF APPRECIATION TO RICHARD C. FLORA FOR HIS SERVICE AS A MEMBER OF THE BOARD OF SUPERVISORS FROM 1972 THROUGH 1975 AND 2002 THROUGH 2013 WHEREAS, Richard C. Flora was first elected to represent the Hollins Magisterial District on the Board of Supervisors of Roanoke County from 1972 through 1975 and was again elected and served in the same capacity from January 1, 2002, through December 31, 2013; and WHEREAS, during both tenures as a member of the Board, Supervisor Flora served with exemplary professionalism and dedication, working on behalf of the people of his district and all citizens of Roanoke County; and WHEREAS, his leadership skills were recognized by his fellow Board members when he was chosen to serve as Chairman of the Board of Supervisors in the years 2004, 2008, and most recently in 2012; and WHEREAS, Supervisor Flora consistently focused on the best interests of not just his district but of the County as a whole, demonstrating a keen understanding of the scope and complexity of issues facing local governments and a willingness to work cooperatively toward viable, long-term solutions; and WHEREAS, Supervisor Flora recognized the importance of maintaining a vibrant public school system and worked with County personnel and the Roanoke County School Board and staff to develop policies that would provide stable sources of funding for needed capital improvement projects, a collaboration that resulted in an innovative Page 1 of 3 and fiscally sound revenue sharing agreement that won state and national recognition; and WHEREAS, during Mr. Flora’s tenure, both the Schools and the County were able to address long-standing infrastructure issues, including renovating numerous school buildings and opening new or replacement facilities, including the Green Ridge Recreation Center, the Fleet Service Center, the North County Fire and Rescue Station, and the South County and Glenvar libraries; improvements to the emergency radio system; and an expansion of the parks and greenway systems; and WHEREAS, Supervisor Flora supported economic development initiatives, including the successful effort to bring the Ardagh Group manufacturing project to the Hollins District, and advanced the best interests of the citizens of Roanoke County in other ways, including participating in a coalition of public and private groups attempting to preserve sixty (60) acres of irreplaceable viewshed along the Blue Ridge Parkway, an effort which led to an award from Scenic Virginia; and WHEREAS, Supervisor Flora represented Roanoke County on numerous civic and governmental committees, including the Roanoke Valley-Alleghany Regional Commission, the Metropolitan Planning Organization, the Roanoke County School Construction Committee, and the Virginia Association of Counties; and WHEREAS, Supervisor Flora served as a volunteer with the Hollins Fire and Rescue unit from 1975 until 1981 and was recognized throughout his career for his other contributions to the community, including being named one of the Outstanding Young Men of America, being selected for Who’s Who in Virginia, and being chosen for the Cave Spring Jaycees Outstanding Citizen Award. Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of RICHARD C. FLORA the citizens of Roanoke County to for his commitment to public service, his collegial approach to leadership and the many significant contributions he made as a member of the Board of Supervisors; and FURTHER, the Board of Supervisors congratulates Supervisor Flora at the conclusion of his terms of office and wishes him continued success in his future endeavors. Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 10, 2013 RESOLUTION OF APPRECIATION TO EDDIE “ED” ELSWICK FOR HIS SERVICE AS A MEMBER OF THE BOARD OF SUPERVISORS FROM 2010 THROUGH 2013 WHEREAS, Eddie “Ed” Elswick was elected to represent the Windsor Hills Magisterial District on the Board of Supervisors of Roanoke County in November 2009 with a term that started January 1, 2010, and served in that capacity through December 31, 2013; and WHEREAS, during his tenure as a member of the Board, Supervisor Elswick served with zeal and dedication, working on behalf of the people of his district and all citizens of Roanoke County with his steadfast determination to return every phone call and reply to every email that was sent to him; and WHEREAS, Supervisor Elswick participated on various committees on behalf of Roanoke County, including the Roanoke Valley Alleghany Regional Commission; Roanoke Valley Alleghany Regional Comprehensive Economic Development Strategy Committee, Roanoke Valley Alleghany Regional Commission – Metropolitan Planning Organization (alternate) and the School Construction Committee; and WHEREAS, one of Mr. Elswick’s main objectives was to safeguard and protect the beauty and the serenity of the mountains that surround the Roanoke Valley; and WHEREAS, Mr. Elswick was an outspoken critic of any action that did not include the well being of the citizens of Roanoke County; and WHEREAS, Mr. Elswick welcomed visits from all citizens and always took the time to listen to their concerns and opinions; and Page 1 of 2 WHEAEAS, Supervisor Elswick’s only special interest groups were his constituents, their families and their friends; and WHEREAS, Mr. Elswick championed the efforts to retain the Bent Mountain school building as a Community Center for all the surrounding citizens to enjoy; and WHEREAS, Supervisor Elswick became known as a “maverick,” a term that endeared him with this followers and constituents as he was always proud to stand up for his beliefs. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and that of the citizens of Roanoke EDDIE “ED” ELSWICK County to for his commitment to public service, his belief in democracy and championing of citizen participation in local government; and FURTHER, the Board of Supervisors congratulates Supervisor Elswick at the conclusion of his term of office and wishes him continued success in future endeavors. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 10, 2013 RESOLUTION OF APPRECIATION TO MICHAEL W. ALTIZER FOR HIS SERVICE AS A MEMBER OF THE BOARD OF SUPERVISORS FROM 2002 THROUGH 2013 AND HIS SERVICE AS CHAIRMAN OF THE BOARD IN 2013 WHEREAS, Michael W. Altizer was first elected to represent the Vinton Magisterial District on the Board of Supervisors of Roanoke County in November 2002, and served in that capacity through December 31, 2013; and WHEREAS, during his eleven (11) years as a member of the Board, Supervisor Altizer served with professionalism and dedication, working on behalf of the people of his district and all citizens of Roanoke County; and WHEREAS, throughout his tenure, his steadfast support for the business community and emphasis on the benefits of regional partnerships helped create a positive environment for economic development efforts and numerous joint initiatives, including development of the Western Virginia Regional Jail Authority; the Regional Center for Animal Control and Protection; Regional Cooperation in Extraterritorial Arrest Powers; the Broadband Authority; the Western Virginia Regional Industrial Facility Authority; and the Roanoke County Criminal Justice Academy; and WHEREAS, recognizing that a strong infrastructure is necessary for a government to effectively serve its citizens, Supervisor Altizer supported critically needed capital improvements, including the construction of a new Public Safety Center; the Western Virginia Regional Jail; the North County Fire and Rescue Station; the Fleet Service Center; the South County Library; the Green Ridge Recreation Center; the Roanoke Valley Regional Fire Training Tower; the Glenvar Library; the future Vinton Library, and the Page 1 of 3 upgrade of the emergency radio system; as well as the expansion of parks, greenways, and recreational facilities throughout the County; and WHEREAS, Supervisor Altizer participated on various committees on behalf of Roanoke County, including the Roanoke County Cable Television Committee; the Fifth Planning District Regional Alliance; the Roanoke Regional Partnership; the Roanoke Valley-Alleghany Regional Commission; the Regional Stormwater Management and Water Supply Policy committees; the Virginia Association of Counties; and the Western Virginia Regional Jail Authority. WHEREAS, Supervisor Altizer’s leadership skills were recognized by his fellow Board members when he was chosen to serve as Chairman of the Board of Supervisors in the years 2005, 2009 and 2013; and WHEREAS, in the course of Mr. Altizer’s current term as Chairman, County accomplishments included: Approval of a new library to become the centerpiece of revitalization efforts in the Town of Vinton Negotiation of a ninety-nine (99) year lease to renew and expand recreational opportunities at Explore Park Convening the regional Economic Development Summit, which subsequently led to the formation of the Western Virginia Regional Industrial Facility Authority to encourage regional cooperation and shared strategic economic development objectives Completion of an agreement with Ardagh Group to bring a major corporate citizen, with quality employment opportunities, to Roanoke County Partnership in the Roanoke Valley Broadband Authority to promote implementation of the highest quality open access broadband Internet service that will ensure the region remains competitive in business, Page 2 of 3 educational, and personal growth opportunities Establishment of the Roanoke County Stormwater Management Committee to address looming federal and state mandates. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and that of the citizens of Roanoke County to MICHAEL W. ALTIZER for his commitment to public service, dedication to the welfare of his fellow citizens, and thoughtful leadership while a member of the Board of Supervisors; and FURTHER, the Board of Supervisors congratulates Supervisor Altizer at the conclusion of his term of office and wishes him continued success in future endeavors. Page 3 of 3 îðïì Î»¿»³»²¬ 2013 2014 Difference Reassessment (Jan Reassessment Between Percentage of ClassDescription1 land book) (as of 11-30-13) Assessments Change ðïóððÍ·²¹´» Ú¿³·´§ Î»·¼»²¬·¿´ ó Ë®¾¿²ìôðééôéíìôèððìôðêîôêêíôîððøïëôðéïôêðð÷óðòíéû ðîóððÍ·²¹´» Ú¿³·´§ Î»·¼»²¬·¿´ ó Í«¾«®¾¿²îôíïîôêïêôçððîôíìïôêëìôèððîçôðíéôçððïòîêû ðíóððÓ«´¬·óÚ¿³·´§ Î»·¼»²¬·¿´îíîôïëîôêððîíïôëêêôìððøëèêôîðð÷óðòîëû ðìóððÝ±³³»®½·¿´ ñ ×²¼«¬®·¿´çéðôèìíôðððçèêôîðéôèððïëôíêìôèððïòëèû ðëóððß¹®·½«´¬«®¿´ ñ Ë²¼»ª»´±°»¼ øîðóçç ß½®»÷ ïéíôêðíôðððïéìôëðèôðððçðëôððððòëîû ðêóððß¹®·½«´¬«®¿´ ñ Ë²¼»ª»´±°»¼ øÑª»® çç ß½®»÷ íïôîïçôðððíðôëîçôèððøêèçôîðð÷óîòîïû Í«¾ó¬±¬¿´ Ý±³³»®½·¿´çéðôèìíôðððçèêôîðéôèððïëôíêìôèððïòëèû Í«¾ó¬±¬¿´ Î»·¼»²¬·¿´ êôèîéôíîêôíððêôèìðôçîîôîððïíôëçëôçðððòîðû Ì±¬¿´üéôéçèôïêçôíððüéôèîéôïíðôðððîèôçêðôéðððòíéû ß»³»²¬ ×²½®»¿» ß¬¬®·¾«¬»¼ Ì±æ Ò»© Ý±²¬®«½¬·±²üëïôëéêôéðððòêêû Ó¿®µ»¬ Ê¿´«»øîèôçêðôéðð÷øòîçû÷ Ì±¬¿´ ×²½®»¿»îîôêïêôððððòíéû Ð»®½»²¬¿¹» ±º ×²½®»¿» ¾§ Ý´¿·º·½¿¬·±² Í·²¹´» Ú¿³·´§ Î»·¼»²¬·¿´ ó Ë®¾¿² Í·²¹´» Ú¿³·´§ Î»·¼»²¬·¿´ ó Í«¾«®¾¿² îòðû ïòëû Ó«´¬·óÚ¿³·´§ Î»·¼»²¬·¿´ ïòðû ðòëû ðòðû Ý±³³»®½·¿´ ñ ×²¼«¬®·¿´ óðòëû óïòðû ß¹®·½«´¬«®¿´ ñ Ë²¼»ª»´±°»¼ øîðóçç ß½®»÷ óïòëû óîòðû ß¹®·½«´¬«®¿´ ñ Ë²¼»ª»´±°»¼ øÑª»® çç ß½®»÷ óîòëû New Construction Ò»© Ý±²¬®«½¬·±² îððèüïïïôíèçôîðð Ò»© Ý±²¬®«½¬·±² îððçüêëôîììôïîë Ò»© Ý±²¬®«½¬·±² îðïðüìîôéëîôèðð Ò»© Ý±²¬®«½¬·±² îðïïüìéôïîçôìðð Ò»© Ý±²¬®«½¬·±² îðïîüíéôëèíôððð Ò»© Ý±²¬®«½¬·±² îðïíüëïôëéêôéðð Ø·¬±®§ ±º Ò»© Ý±²¬®«½¬·±² Ò»© Ý±²¬®«½¬·±² îððè Ò»© Ý±²¬®«½¬·±² îððç Ò»© Ý±²¬®«½¬·±² îðïð ïëðôðððôððð ïîëôðððôððð Ò»© Ý±²¬®«½¬·±² îðïï ïððôðððôððð Ò»© Ý±²¬®«½¬·±² îðïî éëôðððôððð ëðôðððôððð Ò»© Ý±²¬®«½¬·±² îðïí ïîñêñîðïí T A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE A COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 10, 2013 ORDINANCE AUTHORIZING THE VACATION OF A PORTION OF AN EXISTING FIFTEEN (15) FOOT PUBLIC UTILITY EASEMENT AND ACCEPTANCE OF THE RELOCATED FIFTEEN (15) FOOT PUBLIC UTILITY EASEMENT ON PROPERTY OF LOIS M. ASHBY, REMAINING LOT 8, FARMINGTON PLACE (PLAT BOOK 18, PAGE 89 TAX MAP #076.20-09-08.00-0000), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, a plat entitled “Plat of Farmington Place” dated December 8, 1995 and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, (Plat Book 18, Page 89) dedicated a fifteen foot (15’) wide public utility easement across a parcel identified as remaining Lot 8, Farmington Place (Tax Map #076.20-09-08.00-0000); and WHEREAS, the house constructed on remaining Lot 8, Farmington Place, encroaches into the fifteen foot (15’) public utility easement and the current owner of said lot, Lois M. Ashby, has requested the vacation and relocation of the dedicated fifteen foot (15’) wide public utility easement; and WHEREAS, the relocation of the public utility easement with Appalachian Power Company has been completed and recorded as Instrument #2013-14244; and WHEREAS, County staff has reviewed and approved the vacation and relocation of this fifteen foot (15’) public utility easement as shown on the exhibit (Exhibit “A”) attached hereto and entitled “Easement plat for Lois M. Ashby showing hereon an existing 15’ public utility easement to be vacated and creating hereon a new 15’ public utility easement crossing T.M. #076.20-09-08.00-0000” prepared by Balzer and Associates, Inc.; and WHEREAS, no other property owner will be affected by the vacation of this public utility easements, and this vacation will not involve any cost to the County, and the affected County departments and public utilities have raised no objection; and Page 1 of 3 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 December 10, 2013, and a second reading and public hearing of this ordinance was held on January 14, 2014. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate, a fifteen foot (15’) wide public utility easement, which was dedicated by plat of Farmington Place (PB18, PG89) is hereby declared to be surplus and the nature of the interests in real estate renders it unavailable for other public use. 3. That the subject real estate, a fifteen foot (15’) wide public utility easement, which was dedicated by plat of Farmington Place (Plat Book 18, Page 89 and as modified in Plat Book 20, Page 57, Plat Book 22, Page 130, and Plat Book 25, Page 22) be, and hereby is, vacated pursuant to Section 15.2-2270 of the Code of Virginia,1950, as amended. 4. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner. 5. 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 2 of 3 6. 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 15.2-2270 of the Code of Virginia (1950, as amended). Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 10, 2013 ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $7,500 FROM THE GOVERNOR’S AGRICULTURE AND FORESTRY INDUSTRIES DEVELOPMENT FUNDS FOR A PLANNING GRANT FOR THE CATAWBA SUSTAINABILITY CENTER WHEREAS, Roanoke County has been awarded a planning grant from the newly established Governor’s Agriculture and Forestry Industries Development Fund for the Catawba Sustainability Center; and WHEREAS, the purpose of the grant is to explore strategies to increase the connectivity of the Catawba Sustainability Center with the local food system; and WHEREAS, the grant will be implemented in partnership with the Virginia Tech Office of Economic Development; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on December 10, 2013, and the second reading was held on January 14, 2014. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $7,500 is hereby accepted and appropriated from the Governor’s Agriculture and Forestry Industries Development Fund; and 2. That this ordinance shall take effect from and after the date of adoption. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 10, 2013 ORDINANCE ACCEPTING AND APPROPRIATING A STORMWATER MANAGEMENT PROGRAM GRANT IN THE AMOUNT OF $99,242 FROM VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) TO THE COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, Roanoke County will become the local Virginia Stormwater Management Program (VSMP) Authority on July 1, 2014; and WHEREAS, becoming the local VSMP Authority will result in the need for: (a) A new SWM Ordinance (b) DEQ required training for the VSMP staff (c) Increased efforts for reviews (d) Additional office coordination with DEQ prior to permit issuance (e) Increased post construction inspections; and (f) Increased recordkeeping and reporting requirements. WHEREAS, pursuant to the Virginia Water Quality Improvement Act of 1997, the Virginia General Assembly created the Water Quality Improvement Fund to provide funding for point and nonpoint source water quality improvements throughout the Commonwealth; and WHEREAS, these funds are made available with a 50/50 match rate to assist the local authorities in preparing for the increased responsibilities; and WHEREAS, the County’s Community Development Department applied for $99,242 and received approval from DEQ to help defray the cost of AMEC Environmental Consultant in assisting the County with providing peer review of the new SWM ordinance; and Page 1 of 2 WHEREAS, the grant period is December 1, 2013 to December 31, 2014; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriate by ordinance; and WHEREAS, the first reading of this ordinance was held on December 10, 2013, and the second reading was held on January 14, 2014. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That the sum of $49,621 is hereby accepted from the Virginia Department of Environmental Quality, and is appropriated to the Department of Community Development. 2. That matching funds of $49,621 are hereby appropriated from in-kind contributions as well as from the NPDES Phase II compliance account. 3. That this ordinance shall take effect from and after the date of adoption. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 10, 2013 ORDINANCE ACCEPTING AND APPROPRIATING $2,760.11 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT FOR REIMBURSEMENT OF EXPENDITURES RELATED TO THE JUNE 2012 DERECHO STORM WHEREAS, the County of Roanoke declared a state of emergency on June 30, 2012, and operated the County Emergency Operations Center until Friday, July 6, 2012; and WHEREAS, the emergency declaration request from Virginia was approved and a federal declaration approved; and WHEREAS, the County has submitted over $350,000 of expenditure reimbursements for three (3) separate projects under federal requirements; and WHEREAS, partial payment was received on all three (3) of the submissions to date; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on November 12, 2013, and the second reading was held on December 10, 2013. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $2,760.11 is hereby accepted and appropriated from the Federal Emergency Management Agency and Virginia Department of Emergency Management as reimbursement to the Parks and Recreation Department; and Page 1 of 2 2. That this ordinance shall take effect from and after the date of adoption. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 10, 2013 ORDINANCE ACCEPTING AND APPROPRIATING $96,906 TO ROANOKE COUNTY PUBLIC SCHOOLS FOR VARIOUS GRANTS WHEREAS, The Roanoke County Public Schools Driver Education program received a $1,000 grant to develop and improve safe driving habits for teen drives; and WHEREAS, The Virginia Department of Education provided a grant in the amount of $95,906 to be used for replacing the analog cameras with digital technology camera systems at Cave Spring and William Byrd High Schools’; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on November 12, 2013, and the second reading was held on December 10, 2013. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $96,906 is hereby accepted and appropriated to the County School Board for Roanoke County for various grants. 2. That this ordinance shall take effect from and after the date of adoption. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 10, 2013 ORDINANCE APPROPRIATING FUNDS IN THE AMOUNT OF $100,000 FROM THE VIRGINIA RECREATIONAL FACILITIES AUTHORITY TO ROANOKE COUNTY PARKS, RECREATION, AND TOURISM FOR BUILDING AND PARK IMPROVEMENTS AT EXPLORE PARK WHEREAS, on September 24, 2013, the Board of Supervisors of Roanoke County approved a ninety-nine (99) year lease of Explore Park; and WHEREAS, described in the lease it prescribes that the Virginia Recreational Facilities Authority will transfer $100,000 to Roanoke County in October of 2013 and the remaining Virginia Recreational Facilities Authority funds in January of 2014 for the purpose of renovating the Taubman Building, Mount Union Church, Brugh Tavern and park grounds surrounding the structures ; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on November 12, 2013, and the second reading was held on December 10, 2013. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $100,000 is hereby appropriated from the sources and for the purposes as follows: Page 1 of 2 Funding Source FacilityRepairsBudget VRFA transfer Taubman Building Deck repaired/replaced $40,000 Water system repairs HVAC repairs/replacement VRFA transfer Mount Union Interior painting/repairs $40,000 ChurchRepair to porch and columns Exterior and interior painting Interior repairs Water system repairs HVAC repairs Road repair Tree pruning Grounds and landscaping repairs VRFA transfer Brugh Tavern Water system repairs $75,000 Interior repairs estimate Electric repairs Will spend Elevator repairs remaining Food equipment repairs balance of Parking lot/road repairs $100,000 towards repairs 2. That this ordinance shall take effect from and after the date of adoption. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 10, 2013 ORDINANCE ACCEPTING AND APPROPRIATING A GRANT IN THE AMOUNT OF $5,172 FROM THE VIRGINIA DEPARTMENT OF FIRE PROGRAMS FOR THE REPAIR OF THE EXISTING BURN BUILDING WHEREAS, Roanoke County, Roanoke City, City of Salem and the Town of Vinton participate jointly in the Roanoke Valley Regional Fire/EMS Center; and WHEREAS, these same localities shared in the construction costs to replace the twenty-two (22) year old burn building previously used for fire training; and WHEREAS, a replacement facility was dedicated on September 11, 2009, and has seen numerous live burns in the simulated environment since that time; and WHEREAS, in preparation for the second burn for the regional academy, malfunctions in the burn props were encountered resulting in the props not firing or lighting; and WHEREAS, temporary repairs were made to make the building operational for the graduating class; and WHEREAS, Roanoke County Fire and Rescue department applied for a Department of Fire Programs burn building repair grant from the Virginia Department of Fire Programs and was awarded $5,172 for critical repairs to the burn building; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, the first reading of this ordinance was held on November 12, 2013, and the second reading was held on December 10, 2013. Page 1 of 2 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $5,172 is hereby appropriated from the Department of Fire Programs for the repair of the burn building to the Fire Department. 2. That this ordinance shall take effect from and after the date of adoption. Page 2 of 2 I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 10, 2013 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for December 10, 2013, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3 inclusive, as follows: 1. Approval of minutes – October 22, 2013 2. Request for authorization to execute a Modification Agreement between the County of Roanoke, the Roanoke County Economic Development Authority, HyperGen, Inc. and 4D Investments, LLC, Hollins Magisterial District 3. Resolution requesting acceptance of Fairway Ridge Road into the Virginia Department of Transportation Secondary System; Windsor Hills Magisterial District Page 1 of 1 complete by the January 1, 2014, deadline. Also, during this time the company purchased an existing building that adjoins their property, resulting in the following: 1) expedites moving their business into the County immediately, 2) allows the company more room for future growth and 3) gives the company more time to complete construction of the new facility. Therefore, the company is requesting a twenty-four (24) month extension to January 1, 2016, to grant them the opportunity to fulfill the real estate investment objectives of the agreement. The Modification Agreement will grant a twenty-four (24) month extension to complete construction of the new facility to January 1, 2016, allowing for an economic development grant in an amount equal to two years of new local tax revenue to be reimbursed to the company after the new facility is built.The two-year period will commence on January 1, 2016. Both the Board of Supervisors and the Economic Development Authority will have to approve this extension. FISCAL IMPACT: There is no negative fiscal impact with this project. STAFF RECOMMENDATION: Staff recommends authorizing the execution of a Modification Agreement between the County of Roanoke, the Roanoke County Economic Development Authority, HyperGen, Inc. and 4D Investments, LLC. Page 2 of 2 ÓÑÜ×Ú×ÝßÌ×ÑÒ ßÙÎÛÛÓÛÒÌ ³¿¼» ¿ ±º ¬¸· ïð¬¸ ¼¿§ ±º Ü»½»³¾»®ô ÌØ×Í ÓÑÜ×Ú×ÝßÌ×ÑÒ ßÙÎÛÛÓÛÒÌ îðïíô ¾§ ¿²¼ ¾»¬©»»² ô ¿ °±´·¬·½¿´ «¾¼·ª··±² ±º ¬¸» ÎÑßÒÑÕÛ ÝÑËÒÌÇô Ê×ÎÙ×Ò×ß ô ¬¸» ÛÝÑÒÑÓ×Ý ¿ °±´·¬·½¿´ ÜÛÊÛÔÑÐÓÛÒÌ ßËÌØÑÎ×ÌÇ ÑÚ ÎÑßÒÑÕÛ ÝÑËÒÌÇô Ê×ÎÙ×Ò×ßô «¾¼·ª··±² ±º ¬¸» Ý±³³±²©»¿´¬¸ ±º Ê·®¹·²·¿ô øô ¿²¼ ¿ Ê·®¹·²·¿ ½±®°±®¿¬·±²ô ¿²¼¿ Ê·®¹·²·¿ ØÇÐÛÎÙÛÒ ×ÒÝòô ìÜ ×ÒÊÛÍÌÓÛÒÌô ÔÔÝ ´·³·¬»¼ ´·¿¾·´·¬§ ½±³°¿²§ É × Ì Ò Û Í Í Û Ì Ø ¬¸» °¿®¬·» »²¬»®»¼ ·²¬± ¿² ×²½»²¬·ª» ¿²¼ Ð»®º±®³¿²½» ÉØÛÎÛßÍô »½±²±³·½ ¼»ª»´±°³»²¬ ¹®¿²¬ ¿²¼ ½»®¬¿·² ±¬¸»® ·²½»²¬·ª» ¬± ¬¸» Ý±³°¿²§ ¾¿»¼ «°±² ¬¸» ¿½¸·»ª»³»²¬ ±º ³»¿«®¿¾´» °»®º±®³¿²½» ¹±¿´å ¿²¼ Ø§°»®¹»² ¸¿ °«®½¸¿»¼ ¿² »¨·¬·²¹ ¾«·´¼·²¹ ¿¼¶¿½»²¬ ¬± ¬¸» ·¬» ÉØÛÎÛßÍô ©¸»®» ¬¸»§ ©·´´ ¾» ½±²¬®«½¬·²¹ ¬¸»·® ²»© º¿½·´·¬§ô ¿´´±©·²¹ ¬¸»³ ¬± ³±ª» ¬¸»·® ¾«·²» ·²¬± ¬¸» Ý±«²¬§ »¿®´·»® ¬¸¿² ¿²¬·½·°¿¬»¼å ¿²¼ ¼«» ¬± ·²½®»¿» ·² °®±¶»½¬ ½±¬ ®»´¿¬»¼ ¬± ·²º®¿¬®«½¬«®» ¿²¼ ÉØÛÎÛßÍô ¬±®³©¿¬»® ·³°®±ª»³»²¬ ¿ ©»´´ ¿ ¬¸» ®»½»²¬ ¿ª¿·´¿¾·´·¬§ ±º ¿² ¿¼¶±·²·²¹ º¿½·´·¬§ô ¬¸» ½±³°¿²§ ¼»·®» ¬± ³±¼·º§ ¬¸» 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DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM; WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, the streets described on the attached Addition Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation’s Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM-4.3 to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage; and Page 1 of 2 BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Page 2 of 2 ÐÎÑÐÑÍÛÜ ßÜÜ×Ì×ÑÒøÍ÷ ÍØÑÉÒ ×Ò ÞÔËÛ ÜÛÍÝÎ×ÐÌ×ÑÒÔÛÒÙÌØÎÑÉÉ×ÜÌØÍÛÎÊ×ÝÛÍ Ó·´»Ú»»¬Ú»»¬Ø±«» Ú¿·®©¿§ Î·¼¹» Î±¿¼å Ú®±³ ×²¬ò ±º Î±«¬» êçí ¿²¼ Î±«¬» ïíêç ¬± ·¬ »²¼ øÌó¬«®²¿®±«²¼÷ðòëìëðÊ¿®·¿¾´»íì ÎÑßÒÑÕÛ ÝÑËÒÌÇ ßÝÝÛÐÌßÒÝÛ ÑÚ Úß×ÎÉßÇ Î×ÜÙÛ ÎÑßÜ ×ÒÌÑ ÌØÛ ÜÛÐßÎÌÓÛÒÌ ÑÚ Ê×ÎÙ×Ò×ß ÜÛÐßÎÌÓÛÒÌ ÑÚ ÌÎßÒÍÐÑÎÌßÌ×ÑÒ ÍÝÑÒÜßÎÇ ÍÇÍÌÛÓ ÝÑÓÓËÒ×ÌÇ ÜÛÊÔÑÐÓÛÒÌ In the County of Roanoke By resolution of the governing body adopted December 10, 2013 èÔ×ÖÍÐÐÍÅÓÎÕæøíèöÍÊÏûï ÓÉÔ×Ê×ÚÃÛÈÈÛÙÔ×ØÛÎØÓÎÙÍÊÌÍÊÛÈ×ØÛÉÌÛÊÈÍÖÈÔ×ÕÍÆ×ÊÎÓÎÕÚÍØÃÉÊ×ÉÍÐÇÈÓÍÎÖÍÊ ÙÔÛÎÕ×ÉÓÎÈÔ×É×ÙÍÎØÛÊÃÉÃÉÈ×ÏÍÖÉÈÛÈ×ÔÓÕÔÅÛÃÉ ûùÍÌÃè×ÉÈ××éÓÕÎ×ØùÍÇÎÈÃíÖÖÓÙÓÛÐÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝ Report of Changes in the Secondary System of State Highways Project/Subdivision The Ridge at Fairway Forest Section 1 Type Change to the Secondary System of State Highways:Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change:New subdivision street Pursuant to Code of Virginia Statute:§33.1-229 Street Name and/or Route Number Fairway Ridge Road, State Route Number 1396 Old Route Number: 0 z From: Int. of Route 693 and Route 1396 To: End, T-turnaround, a distance of: 0.54 miles. Recordation Reference: instr #200718656 Right of Way width (feet) = 50 VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: December 10, 2013 Page 1 of 1 ACTION NO. _______________ ITEM NO. _______K-1________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 10, 2013 AGENDA ITEM: Request for public hearing to establish blight and determine disposition of property located at 3060 Ivyland Road SUBMITTED BY: Joel S. Baker Building Commissioner APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The subject property has been determined to be subject to the Spot Blight Abatement Process. Owner has been properly notified and given opportunity to respond with a proposal for curing the blight. No response has been received within the allotted time. 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. ALTERNATIVES: 1. Schedule public hearing. 2. Do not schedule hearing. STAFF RECOMMENDATION: Staff recommends scheduling the hearing. Page 1 of 1 íðêð ×ª§´¿²¼ Î±¿¼ Ê·²¬±² Ó¿¹·¬»®·¿´ Ü·¬®·½¬ ACTION NO.___________________ ITEM NUMBER_____M-4________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE : December 10, 2013 AGENDA ITEMS : Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of 31-Oct-13 SUMMARY OF INFORMATION: CASH INVESTMENT: SUNTRUST CON5,903,033.595,903,033.59 GOVERNMENT: SMITH BARNEY CONTRA75,007.42 SMITH BARNEY53,014,604.24 WELLS FARGO14,428,571.42 WELLS FARGO CONTRA(78,765.72)67,439,417.36 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION12,162,351.9212,162,351.92 CD: BRANCH BANKING & TRUST2,005,486.122,005,486.12 MONEY MARKET: BRANCH BANKING & TRUST1,078,958.37 MORGAN STANLEY - JAIL1,101,914.80 SMITH BARNEY12,532,476.51 STELLAR ONE3,058,592.90 WELLS FARGO4,913,844.2522,685,786.83 TOTAL 110,196,075.82 ACTION NO.___________________ ITEM NUMBER______M-8________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE : December 10, 2013 AGENDA ITEMS : Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of 30-Nov-13 SUMMARY OF INFORMATION: CASH INVESTMENT: SUNTRUST CON22,199,077.8422,199,077.84 GOVERNMENT: SMITH BARNEY CONTRA67,182.03 SMITH BARNEY45,014,531.27 WELLS FARGO14,428,571.42 WELLS FARGO CONTRA(40,477.15)59,469,807.57 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION12,163,373.9612,163,373.96 CD: BRANCH BANKING & TRUST1,005,486.121,005,486.12 MONEY MARKET: BRANCH BANKING & TRUST1,079,069.23 MORGAN STANLEY - JAIL1,101,958.87 SMITH BARNEY20,554,323.76 STELLAR ONE3,059,372.22 WELLS FARGO4,919,834.3030,714,558.38 TOTAL 125,552,303.87 O AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 10, 2013 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member’s knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. Page 1 of 1 ACTION NO. _______________ ITEM NO. ______P-1_________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 10, 2013 AGENDA ITEM: Recognition of Debbie Pitts for her contributions to Explore Park SUBMITTED BY: Doug Blount Director of Parks, Recreation and Tourism APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At the end of December, Debbie Pitts will be completing her tenure at Explore Park. Debbie has a long and rich history in providing quality recreational opportunities to the citizens of Roanoke County and surrounding jurisdictions. Debbie began her career in 1972 with Roanoke County as a Recreation Programmer. She ultimately became the Assistant Director of Recreation with the Parks, Recreation and Tourism Department. In 2003, she was asked to serve for six (6) months as the Director of Explore Park. As her time was extended, she remained the Director at Explore Park until 2008 when she retired from Roanoke County. Debbie then returned in 2009 on a part-time basis as the Executive Director of the Virginia Recreational Facilities Authority. Debbie’s passion and dedication has been a reason for the success that the park has achieved over the past 10 years. Through her leadership and management, the park has continued to develop partnerships, programs, activities and events for Roanoke County citizens to enjoy. Debbie has been very successful in acquiring resources for the park by using volunteers and partnerships. Debbie has played a key role in transitioning Explore Park to Roanoke County for the 99 year lease. She has spent numerous hours meeting with staff and providing park records that “tell the story” of Explore Park. Page 1 of 2 STAFF RECOMMENDATION: During this time, we would like to thank Debbie for her service and celebrate her accomplishments at Explore Park. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 10, 2013 RESOLUTION RECOGNIZING MOUNT PLEASANT VOLUNTEER FIRE CHIEF COLIN GEE FOR HIS THIRTY-THREE (33) YEARS OF SERVICE WHEREAS, Colin Gee joined the Mount Pleasant Volunteer Fire Department in February of 1980; and WHEREAS, Mr. Gee is scheduled to retire on December 31, 2013, after thirty-three (33) years of devoted, faithful and expert service with the County; and WHEREAS, during his time serving Roanoke County, Mr. Gee rose through the ranks serving as Training Committee Officer, Lieutenant, Captain and Assistant Chief before becoming Chief; and rd WHEREAS, Mr. Gee became the third (3) Chief of the Mount Pleasant Volunteer Fire Company on January 1, 1994; and WHEREAS, Mr. Gee served on a number of noteworthy boards including: the Roanoke County Fire Chiefs Board since 1990, served as Chairman of the Roanoke County Fire Chiefs Board for six (6) years, member of the Virginia State Firefighters Association and Virginia State Fire Chiefs Association, served on the LOSAP/VIP Board of Trustees for more than twelve (12) years; and WHEREAS, Mr. Gee held the following certifications while volunteering: Fire Instructor 1, 2, 3 and Associate Fire Instructor o Firefighter, Level 1, 2, 3 o Emergency Vehicle Operator’s Class (EVOC), Level 1, 2, 3, 4 o Hazardous Materials Level 3 o Rope Rescue, Level 3 o Page 1 of 2 Confined Space Rescue o Trench Rescue o Vehicle Extrication o Emergency Medical Technician/Basic level o WHEREAS, Mr. Gee also taught firefighter certification classes for twenty-three (23) years to an estimated four hundred (400) or more Roanoke County volunteer firefighters; and WHEREAS, Mr. Gee served with, supervised, train and mentored over eighty (80) Mount Pleasant volunteer firefighter volunteers since 1980; and WHEREAS, Mr. Gee served during the following memorable incidents: the Election Day flood of 1985; the 1989 Shenandoah Homes Retirement Community Fire that claimed the lives of four (4) elderly residents and injured twenty-three (23) others; the 1997 incendiary house fire in Vinton where firefighters later discovered the four (4) bodies of the Hodges family; and the 2002 Starlight Lane Tire and Brush Fire that burned more than one thousand (1,000) acres and millions of tires. 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 COLIN GEE Roanoke County to for thirty-three (33) years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 2 of 2 Q-1 PETITIONER:Gary and Tamera Tickle CASE NUMBER: 24-12/2013 st Board of Supervisors Consent 1 Reading Date: November 12, 2013 Planning Commission Hearing Date: December 2, 2013 nd Board of Supervisors Hearing & 2 Reading Date: December 10, 2013 A. REQUEST To rezone approximately 0.93 acre from C-1, Low Intensity Commercial District to C-2. High Intensity Commercial District and to obtain a Special Use Permit to operate a Car Wash, Windsor Hills Magisterial District. B. CITIZEN COMMENTS One citizen spoke against this petition. He voiced concerns with the potentially increase in traffic and the high intensity commercial use for the area. C. SUMMARY OF COMMISSION DISCUSSION Rebecca Mahoney presented the staff report. Ben Crew, with Balzer and Associates, presented an overview of the proposed use and also submitted 3 proffered conditions for the Commission to review. Commissioners discussed the proposed use, other permitted C-1 and C-2 uses, signage regulations and the proposed buffer condition along the northern property line of the site. There was also discussion regarding the difference between the submitted proffered conditions and suggested conditions from staff. D. CONDITIONS/PROFFERS Submitted Proffered Conditions (Rezoning): 1. A monument-style sign, limited to ten (10) feet in height, shall be constructed with materials to match the building façade and dumpster enclosure. Any LED or digital faces shall be limited to 20% of the allowable freestanding monument-style signage. In addition, these LED or digital faces shall incorporate low intensity light projection. 2. One row of large evergreen trees shall be planted along the northern property line. Trees shall be planted thirty (30) feet apart on center. Special Use Permit Conditions: 1. The site shall be developed in substantial conformance with the “H2GLO Car Wash – Masterplan,” prepared by Balzer and Associates, Inc. dated October 4, 201, subject to those changes which may be required by Roanoke County during comprehensive site plan review. 2. The sides and rear of the dumpster enclosure shall be constructed of materials to match the building façade. The dumpster enclosure shall be screened by tree and shrub plantings. Q-1 E. COMMISSION ACTION Mr. Woltz made a motion to recommend approval of the petition with the two proffered conditions and the two conditions for the special use permit. The motion passed 4-0 with Mr. Jarrell absent. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: X Concept Plan X Vicinity Map X Staff Report X Other Philip Thompson, Secretary Roanoke County Planning Commission éèûööê÷ìíêè ì×ÈÓÈÓÍÎ×Ê õÛÊÃÛÎØèÛÏ×ÊÛèÓÙÑÐ× ê×ËÇ×ÉÈèÍÊ×ÂÍÎ×ÛÌÌÊÍÄÓÏÛÈ×ÐÃ ÛÙÊ×ÖÊÍÏùðÍÅóÎÈ×ÎÉÓÈÃùÍÏÏ×ÊÙÓÛÐøÓÉÈÊÓÙÈÈÍ ù ùÍÏÏ×ÊÙÓÛÐøÓÉÈÊÓÙÈÛÎØÈÍÍÚÈÛÓÎÛéÌ×ÙÓÛÐçÉ×ì×ÊÏÓÈÈÍ ÍÌ×ÊÛÈ×ÛùÛÊåÛÉÔ ðÍÙÛÈÓÍÎ ÷Ð×ÙÈÊÓÙêÍÛØ ïÛÕÓÉÈ×ÊÓÛÐøÓÉÈÊÓÙÈåÓÎØÉÍÊôÓÐÐÉ éÇÕÕ×ÉÈ×ØèÔ×ÉÓÈ×ÉÔÛÐÐÚ×Ø×Æ×ÐÍÌ×ØÓÎÉÇÚÉÈÛÎÈÓÛÐÙÍÎÖÍÊÏÛÎÙ×ÅÓÈÔÈÔ×©ô õðíùÛÊ ùÍÎØÓÈÓÍÎÉåÛÉÔïÛÉÈ×ÊÌÐÛÎ¨ÌÊ×ÌÛÊ×ØÚÃúÛÐÂ×ÊÛÎØûÉÉÍÙÓÛÈ×ÉóÎÙØÛÈ×ØíÙÈÍÚ×Ê ÉÇÚÒ×ÙÈÈÍÈÔÍÉ×ÙÔÛÎÕ×ÉÅÔÓÙÔÏÛÃÚ×Ê×ËÇÓÊ×ØÚÃêÍÛÎÍÑ×ùÍÇÎÈÃØÇÊÓÎÕ ÙÍÏÌÊ×Ô×ÎÉÓÆ×ÉÓÈ×ÌÐÛÎÊ×ÆÓ×Å ûÏÍÎÇÏ×ÎÈÉÈÃÐ×ÉÓÕÎÐÓÏÓÈ×ØÈÍÈ×Î Ö××ÈÓÎÔ×ÓÕÔÈÉÔÛÐÐÚ×ÙÍÎÉÈÊÇÙÈ×Ø ÅÓÈÔÏÛÈ×ÊÓÛÐÉÈÍÏÛÈÙÔÈÔ×ÚÇÓÐØÓÎÕÖÛUÛØ×ÛÎØØÇÏÌÉÈ×Ê×ÎÙÐÍÉÇÊ×îÍð÷øÍÊ ØÓÕÓÈÛÐÖÛÙ×ÉÉÔÛÐÐÚ×ÛÐÐÍÅ×Ø èÔ×ÉÓØ×ÉÛÎØÊ×ÛÊÍÖÈÔ×ØÇÏÌÉÈ×Ê×ÎÙÐÍÉÇÊ×ÉÔÛÐÐÚ×ÙÍÎÉÈÊÇÙÈ×ØÍÖÏÛÈ×ÊÓÛÐÉ ÈÍÏÛÈÙÔÈÔ×ÚÇÓÐØÓÎÕÖÛUÛØ×èÔ×ØÇÏÌÉÈ×Ê×ÎÙÐÍÉÇÊ×ÉÔÛÐÐÚ×ÉÙÊ××Î×ØÚÃÈÊ×× ÛÎØÉÔÊÇÚÌÐÛÎÈÓÎÕÉ íÎ×ÊÍÅÍÖÐÛÊÕ××Æ×ÊÕÊ××ÎÈÊ××ÉÉÔÛÐÐÚ×ÌÐÛÎÈ×ØÛÐÍÎÕÈÔ×ÎÍÊÈÔ×ÊÎÌÊÍÌ×ÊÈÃ ÐÓÎ×èÊ××ÉÉÔÛÐÐÚ×ÌÐÛÎÈ×Ø Ö××ÈÛÌÛÊÈÍÎÙ×ÎÈ×Ê ÷ä÷ùçèóæ÷éçïïûêã Gary and Tamera Tickle proposeto construct an automatic single bay car wash at 1905 Electric Road. The proposedfacilityis one story and 4,080square feet in size. Theproperty is currently zoned C-1,Low Intensity CommercialDistrict. This site is designated Transition on the future land use map of the Roanoke County Comprehensive Plan. A future land use area that encourages the orderly development of highway frontage parcels. Transition areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development. Intense retail and highway oriented commercial uses are discouraged in transition areas, which are more suitable for office, institutional and small-scale, coordinated retail uses. This request is in conformance with the County’s Comprehensive Plan. ûììðóùûúð÷ê÷õçðûèóíîé The Roanoke County ZoningOrdinance defines a “Car Wash” as washing and cleaning of vehicles. Typical uses include automatic conveyor machines and self-service car washes. A Car Wash is allowed in C-2 zoned districts with a Special Use Permit perSection 30-54-2(B) 2. Section 30-85-10 provides use and design standardsfor a car washas follows: 1. All new car wash facilities, whether conveyor operated or self services, shall be equipped with a water 1 recycling system for eighty-five (85) percent of the water used. Roanoke County site development reviewand building permit reviewshallbe required. A VDOT commercial entrance permit shall be required. éóéíö÷äóéèóîõùíîøóèóíîé Background – The site is currently vacant. Previous use of the property was residential. A single-family residence was moved from this location in August of 2012. Topography/Vegetation–The site is a graded, flat parcel Thereare no natural buffer areas or vegetation on the site. Surrounding Neighborhood–The surrounding adjoining properties are zoned C-2C, High Intensity Commercial Districtwith conditions and C-1, Low Intensity CommercialDistrict. Good Shepherd Lutheran Church is located to the north. An office building and Oak Grove Elementary School are located to the south. The properties across the street, located in Roanoke City,are zonedCNC, Commercial Neighborhood with Conditions, and included office and commercial uses. ûîûðãéóéíöìêíìíé÷øø÷æ÷ðíìï÷îè Site Layout/Architecture – The proposed car wash is approximately 4,080square feetin size(34’ x 120’). The one-bay automatic car wash facility is also equippedwith an awning for vacuum services and vehicle detailing.Required parking is located on the remainder of the site.The car wash will be staffed by one to five employees during operating business hours. Building materials and colors have not been established at this time. The proposed signage includes one freestanding sign and additionalattached wall signs. Details werenot provided, however all proposed signage is required to meetSection 30-93-13(E), C-2 Signage Regulations of the Roanoke County Code.Development plan and architectural design drawingshave been submitted withtheapplication. Access/Traffic Circulation–The parcel will be accessedby a new commercial entrancefrom Electric Road. Virginia Department of Transportation review and approval will be required as part of the site plan review process. Fire & Rescue/Utilities – Requirementsinclude meeting the minimum fire flow and fire hydrant placement. These, and potentially other issues, will be addressed during the site plan review process. Economic DevelopmentNo objections to this request. ùíîöíêïûîù÷åóèôêíûîíñ÷ùíçîèãùíïïçîóèãìðûî This site is designated Transition on the future land use map of the Roanoke County Comprehensive Plan. A future land use area that encourages the orderly development of highway frontage parcels. Transition areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development. Intense retail and highway oriented commercial uses are discouraged in transition areas, which are more suitable for office, institutional and small-scale, coordinated retail uses. The petition is consistent with the future land use designation. 2 éèûööùíîùðçéóíîé Gary and Tamera Tickle proposeto construct an automatic single bay car wash at 1905 Electric Road. The proposed facility is one story and 4,080square feet in size. Theproperty is currently zoned C-1,Low Intensity Commercial District.The property is designated as Transitionon the 2005 Future Land Use map. Transitionis a future land use area that encourages the orderly development of highway frontage parcels. The proposed use of a car wash is consistent with the uses in the Transition designation. If the Planning Commission chooses to recommend approval of this petition, staff suggests the following conditions: 1. The site shall be developed in substantial conformance with the “H2GLO Car Wash - Masterplan,” prepared by Balzer and Associates, Inc. dated October 4, 2013, subject to those changes which may be required by Roanoke County during comprehensive site plan review. 2. A monument-style sign, limited to ten (10) feet in height,shall be constructed with materials to match the building façade and dumpster enclosure. No LED ordigital faces shall be allowed. 3. The sides and rear of the dumpster enclosure shall be constructed of materials tomatch the building façade. The dumpster enclosure shall be screened by tree and shrub plantings. 4. One row of large evergreen trees shall be planted along the northern property line. Trees shall be planted 30 feet apart on center. ùûé÷îçïú÷ê ìê÷ìûê÷øúãê×Ú×ÙÙÛïïÛÔÍÎ×Ã ô÷ûêóîõøûè÷éìù úíé ûèèûùô÷ï÷îèéûÌÌÐÓÙÛÈÓÍÎ û×ÊÓÛÐïÛÌ ðÛÎØçÉ× âÍÎÓÎÕïÛÌ ù øÓÉÈÊÓÙÈéÈÛÎØÛÊØÉ ùÛÊåÛÉÔçÉ×ÛÎØø×ÉÓÕÎéÈÛÎØÛÊØÉ ìÔÍÈÍÉ 3 County View Neighborhood View Applicant Name:Tickle Existing Zoning: C-1 Proposed Zoning: C-2C Proposed Use: Car Wash Tax Map Number: 067.18-01-02.01-0000 Area: 0.93 Magisterial District: Windsor Hills Parcels (Geometry) selection geodata.GEO_OWNER.Parcel_Data C = Conditions on property S = Special Use Permit on property Scale:1 inch = 223 feet Date: November 4, 2013 Roanoke County Department of Community Development 5204 Bernard Drive Roanoke, Virginia 24018 (540) 772-2065 County View TR TR Neighborhood View NC Applicant Name:Tickle NC Existing Zoning: C-1 Proposed Zoning: C-2C TR Proposed Use: Car Wash Tax Map Number: 067.18-01-02.01-0000 TR Area: 0.93 Magisterial District: Windsor Hills NC TR Parcels (Geometry) selection geodata.GEO_OWNER.Parcel_Data C = Conditions on property NC S = Special Use Permit on property NC NC Scale:1 inch = 223 feet Date: November 4, 2013 Roanoke County Department of Community Development NC 5204 Bernard Drive Roanoke, Virginia 24018 (540) 772-2065 C1 County View C1 C1 Neighborhood View C1 C2C C1 Applicant Name:Tickle Existing Zoning: C-1 Proposed Zoning: C-2C Proposed Use: Car Wash Tax Map Number: 067.18-01-02.01-0000 R2 C1 Area: 0.93 Magisterial District: Windsor Hills Parcels (Geometry) selection geodata.GEO_OWNER.Parcel_Data R1 R1 R1 R1 R1 R1 Zoning Districts R1 C1 R-1 Low Density Residential R-2 Medium Density Residential C-1 Office R1 C-2 General Commercial R1 C = Conditions on property R R1 R1 S = Special Use Permit on property R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 Scale:1 inch = 223 feet R1 R1 R1 R1R1 Date: November 4, 2013 Roanoke County Department of Community Development 5204 Bernard Drive Roanoke, Virginia 24018 (540) 772-2065 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 10, 2013 ORDINANCE REZONING APPROXIMATELY 0.93 ACRE FROM C-1, LOW INTENSITY COMMERCIAL DISTRICT TO C-2, HIGH INTENSITY COMMERCIAL DISTRICT AND TO OBTAIN A SPECIAL USE PERMIT TO OPERATE A CAR WASH, WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, the first reading of this ordinance was held on November 12, 2013, and the second reading and public hearing were held December 10, 2013; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 2, 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 0.93 acre, as described herein, and located at 1905 Electric Road (Tax Map #067.18-01-02.01-0000) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of C-1, Low Intensity Commercial District, to the zoning classification of C-2, High Intensity Commercial District. 2. That this action is taken upon the application of Gary and Tamera Tickle. 3. That the owner of the property, Baron Enterprises of VA, Inc., has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: 1) A monument-style sign, limited to ten (10) feet in height, shall be constructed with materials to match the building façade and dumpster enclosure. Any LED or digital faces shall be limited to twenty percent (20%) of the allowable Page 1 of 3 freestanding monument-style signage. In addition, these LED or digital faces shall incorporate low intensity light projection. 2) One row of large evergreen trees shall be planted along the northern property line. Trees shall be planted thirty (30) feet apart on center. 4. That the Board finds that the granting of a special use permit to Gary and Tamera Tickle for the operation of a car wash on a 0.93 acre parcel located at 1905 Electric 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: 1) The site shall be developed in substantial conformance with the “H2GLO Car Wash – Masterplan,” prepared by Balzer and Associates, Inc. dated October 4, 2013, subject to those changes which may be required by Roanoke County during comprehensive site plan review. 2) The sides and rear of the dumpster enclosure shall be constructed of materials to match the building façade. The dumpster enclosure shall be screened by tree and shrub plantings. 5. That said real estate is more fully described as follows: A parcel containing 0.93 acre located at 1905 Electric Road being further described as Tax Map #067.18-01-02.01-0000. 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this Page 2 of 3 ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 3 of 3 Q-2 PETITIONER: Roanoke County Board of Supervisors CASE NUMBER: 20-11/2013 st Board of Supervisors Consent 1 Reading Date: November 12, 2013 Planning Commission Hearing Date: December 2, 2013 nd Board of Supervisors Hearing & 2 Reading Date: December 10, 2013 A. REQUEST To rezone approximately 0.51 acre from R-1 Low Density Residential District to C-2 High Intensity Commercial District located at 3319 and 3323 Westmoreland Drive, Cave Spring Magisterial District. B. CITIZEN COMMENTS Two citizens spoke in opposition to this petition. They cited the non- conformance with the Comprehensive Plan, and lack of screening and buffering on the Westmoreland Drive side of the proposed use. C. SUMMARY OF COMMISSION DISCUSSION Mr. Mahoney presented the staff report, including a history of Roanoke County’s acquisition of the property during the proposed 1998 Home Depot rezoning. Mr. Mahoney also described the interest expressed in purchasing the property from adjoining commercial property owners on Brambleton Avenue, as well as the process for disposing of the publicly- owned property through a sealed bid offer. The Commission discussed the Comprehensive Plan, and future commercial use of the property. The Commission and staff discussed landscaping required where parking areas adjoin public street right of way. D. CONDITIONS/PROFFERS None. E. COMMISSION ACTION Mr. Marrano made a motion to recommend approval of the petition. The motion passed 3-1, with Mr. Marrano opposed, and Mr. Jarrell absent. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: X Concept Plan X Vicinity Map X Staff Report X Other Philip Thompson, Secretary Roanoke County Planning Commission éèûööê÷ìíêè ì×ÈÓÈÓÍÎ×Ê êÍÛÎÍÑ×ùÍÇÎÈÃúÍÛÊØÍÖéÇÌ×ÊÆÓÉÍÊÉ ê×ËÇ×ÉÈê×ÂÍÎ× ÛÙÊ×ÖÊÍÏêðÍÅø×ÎÉÓÈÃê×ÉÓØ×ÎÈÓÛÐøÓÉÈÊÓÙÈÈÍù ôÓÕÔóÎÈ×ÎÉÓÈÃ ùÍÏÏ×ÊÙÓÛÐøÓÉÈÊÓÙÈ ðÍÙÛÈÓÍÎ å×ÉÈÏÍÊ×ÐÛÎØøÊÓÆ× ïÛÕÓÉÈ×ÊÓÛÐøÓÉÈÊÓÙÈùÛÆ×éÌÊÓÎÕ ìÊÍÖÖ×Ê×ØùÍÎØÓÈÓÍÎÉîÍÎ× ÷ä÷ùçèóæ÷éçïïûêã Roanoke County has been approached by the owners of the adjacent commercial property on Brambleton Avenue to acquire these two lots for use as additional parking. Use of these lots as parking for the adjoining C-2 uses would require a rezoning to of the land C-2.On August 13, 2013, the Roanoke County Board of Supervisors adopted Resolution 081313-9.e, initiating a rezoning of two parcels of real estate located on Westmoreland Drive. The resolution stated that the rezoning is initiated in order to better conform the zoning classification and use of this property to the adjacent commercial property, and to better market this property for sale. The site is designated Neighborhood Conservation in the 2005 Roanoke County Comprehensive Plan. Neighborhood Conservation areas are where established single family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. Adjacent commercial properties on Brambleton Avenue and Electric Road are designated Core, where high intensity urban development is encouraged. While adjacent to the Core areas, this petition does not conform to the Comprehensive Plan, and the Neighborhood Conservation designation. ûììðóùûúð÷ê÷õçðûèóíîé Parking areas for C-2 zoned commercial land uses must also be zoned C-2,HighIntensityDistrict. A Type C buffer yard, with screening and landscaping, is required where C-2 zoning adjoins R-1. ö÷äóéèóîõùíîøóèóíîé Background – Roanoke County acquired these two residential lots on Westmoreland Drive in 1998, as part of the Home Depot rezoning application. Home Depot withdrew their plans, and the property remained R-1 zoning. The acquisition was intended to provide a secondary entrance for the development, with the primary entrance on Electric Road. Home Depot reimbursed Roanoke County for its acquisition expenses. The County agreed to pay Home Depot the proceeds of any sale. The homes weredemolished, and County staff hasmaintained the propertysince that time. Recently, Roanoke County has been approached by the owners of the adjacent commercial property on Brambleton Avenue to acquire these two lots for use as additional parking. Use ofthese lots as parking for the adjoining C-2 uses would require a rezoning to of the land C-2. Topography/Vegetation–The old home sites of the two lots are generally level, with steep driveways connecting down to Westmoreland Drive. Elevation of the two home sites is similar to the adjacent home to the east, but is10’ to 15’ above the commercial uses to the west. In the rear of the lots, the topography 1 slopes down to the south, toward a drainage area. Some mixed trees and shrubs line the frontage along Westmoreland Drive. Larger trees and dense vegetation are located toward the rear of the property. Surrounding Neighborhood–Properties to the north, across Westmoreland Drive, and adjoining to the east are zoned R-1, Low Density Residential District, and contain single family homes. Adjoining properties to the south and west are zoned C-2, High Intensity Commercial District, and contain personal improvement services, restaurant and retail land uses. ûîûðãéóéíöìêíìíé÷øø÷æ÷ðíìï÷îè Site Layout/Architecture–Exhibit “A”, dated September 25, 2013,andsubmitted with the rezoning application,shows the two parcels, andillustrates a Type C, Option 2 buffer yard. This is one option of the buffer yard, screening and landscaping that is required between development in the C-2 district and the R-1 district. The exhibit does not showpotentialparking lot layout. Access/Traffic Circulation–Access could be from one of the existing driveways from Westmoreland Drive, expanded to commercial entrance standards, or possibly from one of the frontage parking lots along Brambleton Avenue. VDOT staff hascommented that any reconstructed commercial entrancewill have to meet VDOT standards, through their Land Use Permit process. Fire & Rescue/Utilities – Fire and Rescue staff offered no objection to the request. Western Virginia Water Authority staff offered no comments. Community Meeting – A community meeting was held on November 19, 2013, to discuss the petition. Five citizens, includingan adjoining commercial property owner, attended the meeting. They asked for clarification of the buffer yard requirements, and discussed some of the history of the two lots, the Home Depot rezoning, and general history of commercial development in the area. ùíîöíêïûîù÷åóèôêíûîíñ÷ùíçîèãùíïìê÷ô÷îéóæ÷ìðûî The site is designated Neighborhood Conservation in the 2005 Roanoke County Comprehensive Plan. Neighborhood Conservation areas are where established single family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. Adjacent commercial properties on Brambleton Avenue and Electric Road are designated Core, where high intensity urban development is encouraged. While adjacent to the Core areas, thispetition does not conform to the Comprehensive Plan, and the Neighborhood Conservation designation. éèûööùíîùðçéóíîé The Roanoke County Board of Supervisors has, by resolution, initiated this rezoning in order to better conform the zoning classification and use of this property to the adjacent commercial property, and to better market this property for sale. These are properties purchased by Roanoke County for a 1998 rezoning that was withdrawn. Two homes were demolished, and the residential use ofthe property has ceased since that time. While adjacent to Core commercial areas, this petition does not conform to the Comprehensive Plan, and the existing Neighborhood Conservation designation. The Planning Commission must weigh the proposed future use of the properties and benefits to the adjacent business use against the division of Future Land Use designations in the Comprehensive Plan. 2 ùûé÷îçïú÷ê ìê÷ìûê÷øúãøÛÆÓØôÍÐÐÛØÛÃ ô÷ûêóîõøûè÷éìù úíé ûèèûùôï÷îèéûÌÌÐÓÙÛÈÓÍÎïÛÈ×ÊÓÛÐÉ û×ÊÓÛÐìÔÍÈÍÕÊÛÌÔ âÍÎÓÎÕïÛÌ öÇÈÇÊ×ðÛÎØçÉ×ïÛÌ êâÍÎÓÎÕøÓÉÈÊÓÙÈê×ÕÇÐÛÈÓÍÎÉ ù âÍÎÓÎÕøÓÉÈÊÓÙÈê×ÕÇÐÛÈÓÍÎÉ 3 ÍÛÝò íðóìïò ó Îóï ÔÑÉ ÜÛÒÍ×ÌÇ ÎÛÍ×ÜÛÒÌ×ßÔ Ü×ÍÌÎ×ÝÌò Í»½ò íðóìïóïò ó Ð«®°±»ò øß÷Ì¸» Îóïô ´±© ¼»²·¬§ ®»·¼»²¬·¿´ ¼·¬®·½¬ · »¬¿¾´·¸»¼ º±® ¿®»¿ ±º ¬¸» ½±«²¬§ ©·¬¸·² ¬¸» «®¾¿² »®ª·½» ¿®»¿ ©·¬¸ »¨·¬·²¹ ´±©ó³·¼¼´» ¼»²·¬§ ®»·¼»²¬·¿´ ¼»ª»´±°³»²¬ô ©·¬¸ ¿² ¿ª»®¿¹» ¼»²·¬§ ±º º®±³ ±²» øï÷ ¬± ¬¸®»» øí÷ «²·¬ °»® ¿½®»ô ¿²¼ ´¿²¼ ©¸·½¸ ¿°°»¿® ¿°°®±°®·¿¬» º±® «½¸ ¼»ª»´±°³»²¬ò Ì¸»» ¿®»¿ ¿®» ¹»²»®¿´´§ ½±²·¬»²¬ ©·¬¸ ¬¸» ²»·¹¸¾±®¸±±¼ ½±²»®ª¿¬·±² ´¿²¼ «» ½¿¬»¹±®§ ¿ ®»½±³³»²¼»¼ ·² ¬¸» ½±³°®»¸»²·ª» °´¿²ò ×² ¿¼¼·¬·±²ô ©¸»®» «®®±«²¼·²¹ ¼»ª»´±°³»²¬ ¿²¼ ¬¸» ´»ª»´ ±º °«¾´·½ »®ª·½» ©¿®®¿²¬ô ¬¸»» ¿®»¿ ½±·²½·¼» ©·¬¸ ¬¸» ¼»ª»´±°³»²¬ ½¿¬»¹±®§ ®»½±³³»²¼»¼ ·² ¬¸» °´¿²ò Ì¸· ¼·¬®·½¬ · ·²¬»²¼»¼ ¬± °®±ª·¼» ¬¸» ¸·¹¸»¬ ¼»¹®»» ±º °®±¬»½¬·±² º®±³ °±¬»²¬·¿´´§ ·²½±³°¿¬·¾´» «» ¿²¼ ®»·¼»²¬·¿´ ¼»ª»´±°³»²¬ ±º ¿ ·¹²·º·½¿²¬´§ ¼·ºº»®»²¬ ¼»²·¬§ô ·¦»ô ±® ½¿´»ô ·² ±®¼»® ¬± ³¿·²¬¿·² ¬¸» ¸»¿´¬¸ô ¿º»¬§ô ¿°°»¿®¿²½» ¿²¼ ±ª»®¿´´ ¯«¿´·¬§ ±º ´·º» ±º »¨·¬·²¹ ¿²¼ º«¬«®» ²»·¹¸¾±®¸±±¼ò ×² ¿¼¼·¬·±² ¬± ·²¹´»óº¿³·´§ ®»·¼»²½»ô ±²´§ «» ±º ¿ ½±³³«²·¬§ ²¿¬«®» ©¸·½¸ ¿®» ¹»²»®¿´´§ ¼»»³»¼ ½±³°¿¬·¾´» ¿®» °»®³·¬¬»¼ ·² ¬¸· ¼·¬®·½¬ò Ì¸· ©±«´¼ ·²½´«¼» °¿®µ ¿²¼ °´¿§¹®±«²¼ô ½¸±±´ ¿²¼ ±¬¸»® ·³·´¿® ²»·¹¸¾±®¸±±¼ ¿½¬·ª·¬·»ò (Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Í»½ò íðóìïóîò ó Ð»®³·¬¬»¼ «»ò øß÷Ì¸» º±´´±©·²¹ «» ¿®» °»®³·¬¬»¼ ¾§ ®·¹¸¬ «¾¶»½¬ ¬± ¿´´ ±¬¸»® ¿°°´·½¿¾´» ®»¯«·®»³»²¬ ½±²¬¿·²»¼ ·² ¬¸· ±®¼·²¿²½»ò ß² ¿¬»®·µ øö÷ ·²¼·½¿¬» ¿¼¼·¬·±²¿´ô ³±¼·º·»¼ ±® ³±®» ¬®·²¹»²¬ ¬¿²¼¿®¼ ¿ ´·¬»¼ ·² ¿®¬·½´» ×Êô «» ¿²¼ ¼»·¹² ¬¿²¼¿®¼ô º±® ¬¸±» °»½·º·½ «»ò ïò Agricultural and Forestry Uses Í¬¿¾´»ô Ð®·ª¿¬»ö îò Residential Uses ß½½»±®§ ß°¿®¬³»²¬ö Ø±³» Ñ½½«°¿¬·±²ô Ì§°» × ö Ó¿²«º¿½¬«®»¼ Ø±³» ö Ó¿²«º¿½¬«®»¼ Ø±³»ô Û³»®¹»²½§ ö Ó«´¬·°´» Ü±¹ Ð»®³·¬ö Î»·¼»²¬·¿´ Ø«³¿² Ý¿®» Ú¿½·´·¬§ Í·²¹´»óÚ¿³·´§ Ü©»´´·²¹ô Ü»¬¿½¸»¼ øÚ±® Æ»®± Ô±¬ Ô·²» Ñ°¬·±² ó ö÷ Í·²¹´»óÚ¿³·´§ Ü©»´´·²¹ô ß¬¬¿½¸»¼ ö Í·²¹´»óÚ¿³·´§ Ü©»´´·²¹ô ß¬¬¿½¸»¼ ¿²¼ Ü»¬¿½¸»¼ øÝ´«¬»® Í«¾¼·ª··±² Ñ°¬·±² ó ö÷ Ì»³°±®¿®§ °±®¬¿¾´» ¬±®¿¹» ½±²¬¿·²»® ö íò Civic Uses Ý±³³«²·¬§ Î»½®»¿¬·±² ö Ð¿®µ ¿²¼ Î·¼» Ú¿½·´·¬§ ö Ð«¾´·½ Ð¿®µ ¿²¼ Î»½®»¿¬·±²¿´ ß®»¿ ö Ë¬·´·¬§ Í»®ª·½»ô Ó·²±® ìò Miscellaneous Uses ß³¿¬»«® Î¿¼·± Ì±©»® ö É·²¼ Û²»®¹§ Í§¬»³ô Í³¿´´ö øÞ÷ ò ß² ¿¬»®·µ øö÷ ·²¼·½¿¬» Ì¸» º±´´±©·²¹ «» ¿®» ¿´´±©»¼ ±²´§ ¾§ °»½·¿´ «» °»®³·¬ °«®«¿²¬ ¬± »½¬·±² íðóïç ¿¼¼·¬·±²¿´ô ³±¼·º·»¼ ±® ³±®» ¬®·²¹»²¬ ¬¿²¼¿®¼ ¿ ´·¬»¼ ·² ¿®¬·½´» ×Êô «» ¿²¼ ¼»·¹² ¬¿²¼¿®¼ô º±® ¬¸±» °»½·º·½ «»ò ïò Residential Uses ß½½»±®§ ß°¿®¬³»²¬ ö ß´¬»®²¿¬·ª» Ü·½¸¿®¹·²¹ Í»©¿¹» Í§¬»³ ö Ø±³» Þ»¿«¬§ñÞ¿®¾»® Í¿´±² ö îò Civic Uses Ý»³»¬»®§ ö Ý®·· Ý»²¬»® Ü¿§ Ý¿®» Ý»²¬»® ö Û¼«½¿¬·±²¿´ Ú¿½·´·¬·»ô Ð®·³¿®§ñÍ»½±²¼¿®§ ö Ú¿³·´§ Ü¿§ Ý¿®» Ø±³» ö Î»´·¹·±« ß»³¾´§ ö Ë¬·´·¬§ Í»®ª·½»ô Ó¿¶±® ö íò Commercial Uses Þ»¼ ¿²¼ Þ®»¿µº¿¬ ö ìò Miscellaneous Uses Ñ«¬¼±±® Ù¿¬¸»®·²¹ ö (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) Í»½ò íðóìïóíò ó Í·¬» Ü»ª»´±°³»²¬ Î»¹«´¿¬·±²ò Ù»²»®¿´ Í¬¿²¼¿®¼ò Ú±® ¿¼¼·¬·±²¿´ô ³±¼·º·»¼ô ±® ³±®» ¬®·²¹»²¬ ¬¿²¼¿®¼ º±® °»½·º·½ «»ô »» ß®¬·½´» ×Êô Ë» ¿²¼ Ü»·¹² Í¬¿²¼¿®¼ò øß÷Minimum lot requirements. ïò ß´´ ´±¬ »®ª»¼ ¾§ °®·ª¿¬» ©»´´ ¿²¼ »©¿¹» ¼·°±¿´ §¬»³æ ¿ò ß®»¿æ ðòéë ¿½®» øíîôêéð ¯«¿®» º»»¬÷ò ¾ò Ú®±²¬¿¹»æ çð º»»¬ ±² ¿ °«¾´·½´§ ±©²»¼ ¿²¼ ³¿·²¬¿·²»¼ ¬®»»¬ò îò Ô±¬ »®ª»¼ ¾§ »·¬¸»® °«¾´·½ »©»® ±® ©¿¬»®æ ¿ò ß®»¿æ îðôððð ¯«¿®» º»»¬ò ¾ò Ú®±²¬¿¹»æ éë º»»¬ ±² ¿ °«¾´·½´§ ±©²»¼ ¿²¼ ³¿·²¬¿·²»¼ ¬®»»¬ò íò ß´´ ´±¬ »®ª»¼ ¾§ ¾±¬¸ °«¾´·½ »©»® ¿²¼ ©¿¬»®æ ¿ò ß®»¿æ éôîðð ¯«¿®» º»»¬ò ¾ò Ú®±²¬¿¹»æ êð º»»¬ ±² ¿ °«¾´·½´§ ±©²»¼ ¿²¼ ³¿·²¬¿·²»¼ ¬®»»¬ò øÞ÷ Minimum setback requirements. ïò Ú®±²¬ §¿®¼æ ¿ò Ð®·²½·°¿´ ¬®«½¬«®»æ íð º»»¬ò ¾ò ß½½»±®§ ¬®«½¬«®»æ Þ»¸·²¼ ¬¸» º®±²¬ ¾«·´¼·²¹ ´·²»ò îò Í·¼» §¿®¼æ ¿ò Ð®·²½·°¿´ ¬®«½¬«®»æ ïð º»»¬ò ¾ò ß½½»±®§ ¬®«½¬«®»æ ïð º»»¬ ¾»¸·²¼ º®±²¬ ¾«·´¼·²¹ ´·²» ±® í º»»¬ ¾»¸·²¼ ®»¿® ¾«·´¼·²¹ ´·²»ò íò Î»¿® §¿®¼æ ¿ò Ð®·²½·°¿´ ¬®«½¬«®»æ îë º»»¬ò ¾ò ß½½»±®§ ¬®«½¬«®»æ í º»»¬ò ìò É¸»®» ¿ ´±¬ º®±²¬ ±² ³±®» ¬¸¿² ±²» ¬®»»¬ô º®±²¬ §¿®¼ »¬¾¿½µ ¸¿´´ ¿°°´§ ¬± ¿´´ ¬®»»¬ò øÝ÷ Maximum height of structures. ïò Ø»·¹¸¬ ´·³·¬¿¬·±²æ ¿ò Ð®·²½·°¿´ ¬®«½¬«®»æ ìë º»»¬ò ¾ò ß½½»±®§ ¬®«½¬«®»æ ïë º»»¬ô ±® îë º»»¬ °®±ª·¼»¼ ¬¸»§ ½±³°´§ ©·¬¸ ¬¸» »¬¾¿½µ ®»¯«·®»³»²¬ º±® °®·²½·°¿´ ¬®«½¬«®»ò øÜ÷ Maximum coverage. ïò Þ«·´¼·²¹ ½±ª»®¿¹»æ íð °»®½»²¬ ±º ¬¸» ¬±¬¿´ ´±¬ ¿®»¿ º±® ¿´´ ¾«·´¼·²¹ ¿²¼ é °»®½»²¬ º±® ¿½½»±®§ ¾«·´¼·²¹ò îò Ô±¬ ½±ª»®¿¹»æ ëð °»®½»²¬ ±º ¬¸» ¬±¬¿´ ´±¬ ¿®»¿ò (Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 42694-12, § 8, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08) ÍÛÝò íðóëìò ó Ýóî ÙÛÒÛÎßÔ ÝÑÓÓÛÎÝ×ßÔ Ü×ÍÌÎ×ÝÌò Í»½ò íðóëìóïò ó Ð«®°±»ò øß÷Ì¸» °«®°±» ±º ¬¸· ¼·¬®·½¬ · ¬± °®±ª·¼» ´±½¿¬·±² º±® ¿ ª¿®·»¬§ ±º ½±³³»®½·¿´ ¿²¼ »®ª·½» ®»´¿¬»¼ ¿½¬·ª·¬·» ©·¬¸·² ¬¸» «®¾¿² »®ª·½» ¿®»¿ »®ª·²¹ ¿ ½±³³«²·¬§ ±º »ª»®¿´ ²»·¹¸¾±®¸±±¼ ±® ´¿®¹» ¿®»¿ ±º ¬¸» ½±«²¬§ò Ì¸· ¼·¬®·½¬ · ·²¬»²¼»¼ º±® ¹»²»®¿´ ¿°°´·½¿¬·±² ¬¸®±«¹¸±«¬ ¬¸» ½±«²¬§ò Ù»²»®¿´ ½±³³»®½·¿´ ¼·¬®·½¬ ¿®» ³±¬ ¿°°®±°®·¿¬»´§ º±«²¼ ¿´±²¹ ³¿¶±® ¿®¬»®·¿´ ¬¸±®±«¹¸º¿®» ©¸·½¸ »®ª» ´¿®¹» »¹³»²¬ ±º ¬¸» ½±«²¬§ù °±°«´¿¬·±²ò Ì¸» Ýóî ¼·¬®·½¬ °»®³·¬ ¿ ©·¼» ª¿®·»¬§ ±º ®»¬¿·´ ¿²¼ »®ª·½» ®»´¿¬»¼ «»ò Ô¿²¼ «» °»®³·¬¬»¼ ·² ¬¸· ¼·¬®·½¬ ¿®» ¹»²»®¿´´§ ½±²·¬»²¬ ©·¬¸ ¬¸» ®»½±³³»²¼¿¬·±² »¬ º±®¬¸ ·² ¬¸» ¬®¿²·¬·±² ¿²¼ ½±®» ´¿²¼ «» ½¿¬»¹±®·» ±º ¬¸» ½±³°®»¸»²·ª» °´¿²ò Í·¬» ¼»ª»´±°³»²¬ ®»¹«´¿¬·±² ¿®» ¼»·¹²»¼ ¬± »²«®» ½±³°¿¬·¾·´·¬§ ©·¬¸ ¿¼¶±·²·²¹ ´¿²¼ «»ò (Ord. No. 042208-16, § 1, 4-22-08) Í»½ò íðóëìóîò ó Ð»®³·¬¬»¼ Ë»ò øß÷Ì¸» º±´´±©·²¹ «» ¿®» °»®³·¬¬»¼ ¾§ ®·¹¸¬ «¾¶»½¬ ¬± ¿´´ ±¬¸»® ¿°°´·½¿¾´» ®»¯«·®»³»²¬ ½±²¬¿·²»¼ ·² ¬¸· ±®¼·²¿²½»ò ß² ¿¬»®·µ øö÷ ·²¼·½¿¬» ¿¼¼·¬·±²¿´ô ³±¼·º·»¼ ±® ³±®» ¬®·²¹»²¬ ¬¿²¼¿®¼ ¿ ´·¬»¼ ·² ¿®¬·½´» ×Êô «» ¿²¼ ¼»·¹² ¬¿²¼¿®¼ô º±® ¬¸±» °»½·º·½ «»ò ïò Residential Uses ß½½»±®§ ß°¿®¬³»²¬ ö Ø±³» Þ»¿«¬§ñÞ¿®¾»® Í¿´±² ö Ø±³» Ñ½½«°¿¬·±²ô Ì§°» × ö Ó«´¬·óÚ¿³·´§ Ü©»´´·²¹ ö Ì©±óÚ¿³·´§ Ü©»´´·²¹ ö îò Civic Uses ß¼³·²·¬®¿¬·ª» Í»®ª·½» Ý´«¾ Ý«´¬«®¿´ Í»®ª·½» Ü¿§ Ý¿®» Ý»²¬»® ö Û¼«½¿¬·±²¿´ Ú¿½·´·¬·»ô Ý±´´»¹»ñË²·ª»®·¬§ Û¼«½¿¬·±²¿´ Ú¿½·´·¬·»ô Ð®·³¿®§ñÍ»½±²¼¿®§ ö Ú¿³·´§ Ü¿§ Ý¿®» Ø±³» ö Ù«·¼¿²½» Í»®ª·½» Ð¿®µ ¿²¼ Î·¼» Ú¿½·´·¬§ ö Ð±¬ Ñºº·½» Ð«¾´·½ ß»³¾´§ Ð«¾´·½ Ð¿®µ ¿²¼ Î»½®»¿¬·±²¿´ ß®»¿ ö Í¿º»¬§ Í»®ª·½» ö Ë¬·´·¬§ Í»®ª·½»ô Ó·²±® íò Office Uses Ú·²¿²½·¿´ ×²¬·¬«¬·±² ö Ù»²»®¿´ Ñºº·½» Ó»¼·½¿´ Ñºº·½» Ô¿¾±®¿¬±®·» ìò Commercial Uses ß¹®·½«´¬«®¿´ Í»®ª·½» ö ß²¬·¯«» Í¸±° ß«¬±³±¾·´» Ü»¿´»®¸·°ô Ò»© ö ß«¬±³±¾·´» Î»°¿·® Í»®ª·½»ô Ó·²±® ö ß«¬±³±¾·´» Î»²¬¿´ñÔ»¿·²¹ ß«¬±³±¾·´» Ð¿®¬ñÍ«°°´§ô Î»¬¿·´ ö Þ»¼ ¿²¼ Þ®»¿µº¿¬ ö Þ±¿®¼·²¹ Ø±«» Þ«·²» Í«°°±®¬ Í»®ª·½» Þ«·²» ±® Ì®¿¼» Í½¸±±´ Ý±³³»®½·¿´ ×²¼±±® Û²¬»®¬¿·²³»²¬ Ý±³³»®½·¿´ ×²¼±±® Í°±®¬ ¿²¼ Î»½®»¿¬·±² Ý±³³»®½·¿´ Ñ«¬¼±±® Û²¬»®¬¿·²³»²¬ Ý±³³»®½·¿´ Ñ«¬¼±±® Í°±®¬ ¿²¼ Î»½®»¿¬·±² Ý±³³«²·½¿¬·±² Í»®ª·½» Ý±²¬®«½¬·±² Í¿´» ¿²¼ Í»®ª·½» ö Ý±²«³»® Î»°¿·® Í»®ª·½» Ú«»´ Ý»²¬»®ö Ú«²»®¿´ Í»®ª·½» Ù¿®¼»² Ý»²¬»® ö Ù¿±´·²» Í¬¿¬·±² ö Ø±°·¬¿´ Ø±¬»´ñÓ±¬»´ñÓ±¬±® Ô±¼¹» Õ»²²»´ô Ý±³³»®½·¿´ ö Ð¿©² Í¸±° Ð»®±²¿´ ×³°®±ª»³»²¬ Í»®ª·½» Ð»®±²¿´ Í»®ª·½» Î»¬¿«®¿²¬ô Ù»²»®¿´ Î»¬¿·´ Í¿´» Í¬«¼·±ô Ú·²» ß®¬ Ê»¬»®·²¿®§ Ø±°·¬¿´ñÝ´·²·½ ëò Industrial Uses Î»½§½´·²¹ Ý»²¬»® ¿²¼ Í¬¿¬·±² ö êò Miscellaneous Uses ß³¿¬»«® Î¿¼·± Ì±©»® ö Ð¿®µ·²¹ Ú¿½·´·¬§ ö øÞ÷ ò ß² ¿¬»®·µ øö÷ ·²¼·½¿¬» Ì¸» º±´´±©·²¹ «» ¿®» ¿´´±©»¼ ±²´§ ¾§ °»½·¿´ «» °»®³·¬ °«®«¿²¬ ¬± »½¬·±² íðóïç ¿¼¼·¬·±²¿´ô ³±¼·º·»¼ ±® ³±®» ¬®·²¹»²¬ ¬¿²¼¿®¼ ¿ ´·¬»¼ ·² ¿®¬·½´» ×Êô «» ¿²¼ ¼»·¹² ¬¿²¼¿®¼ô º±® ¬¸±» °»½·º·½ «»ò ïò Civic Uses ß¼«´¬ Ý¿®» Î»·¼»²½» Ø¿´º©¿§ Ø±«» Ô·º» Ý¿®» Ú¿½·´·¬§ Ò«®·²¹ Ø±³» Î»´·¹·±« ß»³¾´§ Ë¬·´·¬§ Í»®ª·½»ô Ó¿¶±® ö îò Commercial Uses ß¼«´¬ Þ«·²» ö ß«¬±³±¾·´» Ü»¿´»®¸·°ô Ë»¼ ö ß«¬±³±¾·´» Î»°¿·® Í»®ª·½»ô Ó¿¶±® ö Ý¿® É¿¸ ö Ý±³³»®½·¿´ ×²¼±±® ß³«»³»²¬ Ý±²ª»²·»²½» Í¬±®» ö Ü¿²½» Ø¿´´ Û¯«·°³»²¬ Í¿´» ¿²¼ Î»²¬¿´ ö Ó¿²«º¿½¬«®»¼ Ø±³» Í¿´» ö Ó·²·ó©¿®»¸±«» ö Ñ«¬°¿¬·»²¬ Ó»²¬¿´ Ø»¿´¬¸ ¿²¼ Í«¾¬¿²½» ß¾«» Ý»²¬»® Î»½®»¿¬·±²¿´ Ê»¸·½´» Í¿´» ¿²¼ Í»®ª·½» ö Î»¬¿«®¿²¬ô Ü®·ª»ó·² ¿²¼ Ú¿¬ Ú±±¼ ö Í«®°´« Í¿´» Ì®«½µ Í¬±° ö íò Industrial Uses Ý«¬±³ Ó¿²«º¿½¬«®·²¹ ö Ô¿²¼º·´´ô Î«¾¾´» ö Ì®¿²°±®¬¿¬·±² Ì»®³·²¿´ ìò Miscellaneous Uses Þ®±¿¼½¿¬·²¹ Ì±©»® ö Ñ«¬¼±±® Ù¿¬¸»®·²¹ ö (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) Í»½ò íðóëìóíò ó Í·¬» Ü»ª»´±°³»²¬ Î»¹«´¿¬·±²ò Ù»²»®¿´ Í¬¿²¼¿®¼ò Ú±® ¿¼¼·¬·±²¿´ô ³±¼·º·»¼ô ±® ³±®» ¬®·²¹»²¬ ¬¿²¼¿®¼ º±® °»½·º·½ «»ô »» ß®¬·½´» ×Êô Ë» ¿²¼ Ü»·¹² Í¬¿²¼¿®¼ò øß÷ Minimum lot requirements. ïòÔ±¬ »®ª»¼ ¾§ °®·ª¿¬» ©»´´ ¿²¼ »©¿¹» ¼·°±¿´ §¬»³å ¿ò ß®»¿æ ï ¿½®» øìíôëêð ¯«¿®» º»»¬÷ò ¾ò Ú®±²¬¿¹»æ ïðð º»»¬ ±² ¿ °«¾´·½´§ ±©²»¼ ¿²¼ ³¿·²¬¿·²»¼ ¬®»»¬ò îò Ô±¬ »®ª»¼ ¾§ »·¬¸»® °«¾´·½ »©»® ±® ©¿¬»®ô ±® ¾±¬¸æ ¿ò ß®»¿æ ïëôððð ¯«¿®» º»»¬ò ¾ò Ú®±²¬¿¹»æ éë º»»¬ ±² ¿ °«¾´·½´§ ±©²»¼ ¿²¼ ³¿·²¬¿·²»¼ ¬®»»¬ò øÞ÷ Minimum setback requirements. ïòÚ®±²¬ §¿®¼æ ¿ò Ð®·²½·°¿´ ¬®«½¬«®»æ íð º»»¬ô ±® îð º»»¬ ©¸»² ¿´´ °¿®µ·²¹ · ´±½¿¬»¼ ¾»¸·²¼ ¬¸» º®±²¬ ¾«·´¼·²¹ ´·²»ò ¾ò ß½½»±®§ ¬®«½¬«®»æ Þ»¸·²¼ ¬¸» º®±²¬ ¾«·´¼·²¹ ´·²»ò îò Í·¼» §¿®¼æ Ò±²»ò íò Î»¿® §¿®¼æ ¿ò Ð®·²½·°¿´ ¬®«½¬«®»æ ïë º»»¬ò ¾ò ß½½»±®§ ¬®«½¬«®»æ í º»»¬ò ìò É¸»®» ¿ ´±¬ º®±²¬ ±² ³±®» ¬¸¿² ±²» ¬®»»¬ô º®±²¬ §¿®¼ »¬¾¿½µ ¸¿´´ ¿°°´§ ¬± ¿´´ ¬®»»¬ò øÝ÷ Maximum height of structures. ïòØ»·¹¸¬ ´·³·¬¿¬·±²æ ¿ò Ð®·²½·°¿´ ¬®«½¬«®»æ É¸»² ¿¼¶±·²·²¹ °®±°»®¬§ ¦±²»¼ Îóï ±® Îóîô ìë º»»¬ô ·²½´«¼·²¹ ®±±º¬±° ³»½¸¿²·½¿´ »¯«·°³»²¬ò Ì¸» ³¿¨·³«³ ¸»·¹¸¬ ³¿§ ¾» ·²½®»¿»¼ô °®±ª·¼»¼ »¿½¸ ®»¯«·®»¼ ·¼» ¿²¼ ®»¿® §¿®¼ ¿¼¶±·²·²¹ ¬¸» Îóï ±® Îóî ¼·¬®·½¬ · ·²½®»¿»¼ ¬©± º»»¬ º±® »¿½¸ º±±¬ ·² ¸»·¹¸¬ ±ª»® ìë º»»¬ò ×² ¿´´ ´±½¿¬·±² ¬¸» ¸»·¹¸¬ · «²´·³·¬»¼ «²´» ±¬¸»®©·» ®»¬®·½¬»¼ ¾§ ¬¸· ±®¼·²¿²½»ò ¾ò ß½½»±®§ ¬®«½¬«®»æ ¿½¬«¿´ ¸»·¹¸¬ ±º °®·²½·°¿´ ¬®«½¬«®»ò øÜ÷ Maximum coverage. ïò Þ«·´¼·²¹ ½±ª»®¿¹»æ ëð °»®½»²¬ ±º ¬¸» ¬±¬¿´ ´±¬ ¿®»¿ò îò Ô±¬ ½±ª»®¿¹»æ çð °»®½»²¬ ±º ¬¸» ¬±¬¿´ ´±¬ ¿®»¿ò (Ord. No. 62293-12, § 10, 6-22-93) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 10, 2013 ORDINANCE REZONING APPROXIMATELY 0.51 ACRE FROM R-1 LOW DENSITY RESIDENTIAL DISTRICT TO C-2 HIGH INTENSITY COMMERCIAL DISTRICT, LOCATED AT 3319 AND 3323 WESTMORELAND DRIVE, CAVE SPRING MAGISTERIAL DISTRICT (TAX MAP NOS. 077.13-05-30.00-0000 AND 077.13-05-31.00-0000), UPON THE APPLICATION OF ROANOKE COUNTY BOARD OF SUPERVISORS WHEREAS, the first reading of this ordinance was held on November 12, 2013, and the second reading and public hearing were held December 10, 2013; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 2, 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 parcels of real estate containing approximately 0.51 acre, as described herein, and located at 3319 and 3323 Westmoreland Drive (Tax Map Nos. 077.13-05-30.00-0000 and 077.13-05-31.00-0000) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of C-2, High Intensity Commercial District. 2. That this action is taken upon the application of the Roanoke County Board of Supervisors. 3. That said real estate is more fully described as follows: Two (2) parcels containing approximately 0.51 acre located at 3319 and 3323 Westmoreland Drive being further described as Tax Map Page 1 of 2 Nos. 077.13-05-30.00-0000 and 077.13-05-31.00-0000. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 10, 2013 ORDINANCE AMENDING SECTION 15-10. BEHAVIOR OF THE ROANOKE COUNTY CODE TO PERMIT THE USE, CONSUMPTION, OR POSSESSION OF ALCOHOLIC BEVERAGES AT ROANOKE COUNTY FACILITIES WHEREAS, the Board of Supervisors of Roanoke County intends to increase the use of limited County-owned park and library facilities through the selective permission to use, consume, or possess alcoholic beverages thereon; and WHEREAS, the Board intends to allow the use, consumption, or possession of alcoholic beverages at these facilities for a limited number of meaningful events with a positive impact to the community; and WHEREAS, the limited and restrictive permission to use, consume, or possess alcoholic beverages on certain County-owned properties would provide financial benefits for tourism and fund-raising; and WHEREAS, the Parks, Recreation and Advisory Commission and the Library Board have both approved this policy; and WHEREAS, the first reading of this ordinance was held on November 12, 2013; and the second reading and public hearing were held on December 10, 2013. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors as follows: 1. That the Roanoke County Code be amended to read and provide as follows: Sec. 15-10. - Behavior. No person in any park shall: Page 1 of 3 (1) Intoxication. Enter upon or be in or remain in a park while under the influence of alcoholic beverages or any controlled substance as defined by the Drug Control Act of the Code of Virginia, except as authorized by a permit from the director. (2) Taking a drink or tendering same. Take a drink of any alcoholic beverage or tender a drink thereof to any other person, whether accepted or not, except as permitted by Section 4.1-308C of the Code of Virginia, 1950, as amended, or as permitted by a permit issued by the director. (3) Domestic animals. Be responsible for the entry of a dog or other domestic animal into a park unless carried, led by a chain, strap or rope, or kept in a wagon, automobile or other vehicle by chain, rope or strap. Dogs, cats or other domestic animals shall not be permitted to enter any lake, pond, fountain, swimming pool, stream, all special event areas and tournaments, ball fields or food and beverage concession area within any park or recreation area. Service dogs shall be excluded from the provisions of this regulation. All domestic animal waste must be disposed of in a proper manner (i.e. scooper or plastic baggie) by owner. No non-working animal or pet shall be allowed at special events in county parks. Non- working animals or pets include, but are not limited to, dogs, cats, horses, reptiles or other animals that are present at a special event other than for the express purpose of assisting an individual with a disability. Also excluded are those animals or pets which are an attraction and/or a part of the special event. (4) Fires. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the director. No person shall drop, or throw or otherwise scatter lighted matches, burning cigarettes, cigars, tobacco paper or other inflammable material within any park area, or on any highway, road or street abutting or contiguous thereto. (5) Closed areas. Enter an area posted as "Closed to the Public" or "No Trespassing" or otherwise "closed" in accordance with section 15-11(b) of this chapter. No person shall use or abet the use of any area in violation of posted notices. (6) Going onto ice. Go onto ice on any of the waters except such areas designated as skating areas and posted as such. (7) Disorderly conduct and disturbing the peace. Cause inconvenience, annoyance, or alarm to another by doing any of the following: a. Engaging in fighting, in threatening harm to persons or property or in violent or turbulent behavior; Page 2 of 3 b. Making unreasonable noise or offensively coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person; c. Insulting, taunting, or challenging another under circumstances in which such conduct is likely to provoke a violent response; d. Hindering or preventing the movement of persons on a public street, road or right-of-way, or to, from, within or upon public property, so as to interfere with the rights of others and by any act which serves no lawful and reasonable purpose of the offender. e. Creating a condition which is physically offensive to persons or which presents a risk of physical harm to persons or property, by any act which serves no lawful or reasonable purpose of the offender. (8) Exhibit permits. Fail to produce and exhibit any permits from the Director upon request of any police officer or park attendant who shall request to inspect the same. (9) Interference with permittees. Disturb or interfere unreasonably with any person or party occupying any area, or participating in any activity, permitted by a permit. 2. That this ordinance shall be in full force and effect from and after its adoption. Page 3 of 3 POLICY FOR USE, CONSUMPTION, OR POSSESSION OF ALCOHOLIC BEVERAGES AT ROANOKE COUNTY FACILITIES Roanoke County has the opportunity to increase use of Roanoke County-owned property and revenue by allowing outside groups to host events that include the service of alcoholic beverages. The term “alcoholic beverage” refers to beer, wine, and mixed beverages as defined in the Virginia Alcoholic Beverage Control Act. In this context, the term “use, consumption, or possession of alcoholic beverages” pertains only to alcohol service by permitted outside groups on County-owned property. PART I: AUTHORIZATION 1.Departments must request authorization from the County Administrator to issue permits allowing public use of alcoholic beverages at the following County- owned properties: Green Hill Park, Explore Park, Camp Roanoke (out of summer camp season), South County Library and Glenvar Library. 2.Authorization may be denied based on lack of need and other considerations, such as but not limited to potential disruption to the County’s daily business, facility availability and staffing. 3.The County Administrator may rescind a permit at any time, with or without cause. 4.The department director or designee will be responsible for the administration of the permitting process. 5.County funds may not be used to purchase alcoholic beverages. 6.All state and local laws and ordinances regarding alcoholic service must be obeyed. PART II: APPLICATION 1.A group or individual (“Applicant”) wishing to serve alcoholic beverages at an event on Roanoke County property must complete a Roanoke County Alcoholic Beverage Use application and apply for the appropriate Virginia Alcoholic Beverage Control Board (“Virginia ABC”) Banquet License. 2.The Applicant must be at least 21 years of age and present a valid form of identification. 3.The Applicant must attend the event and be responsible for ensuring that no person under the age of 21, or 21 and older but intoxicated, will be served or allowed to consume any alcoholic beverages. 4.The submitted application must be complete and accurate. Permission may be denied for any application that is incomplete, inaccurate, or misleading. 5.Alcoholic beverages may be served only during the times and dates, and in the areas specified in the application. 6.After the application receives preliminary approval, a tentative reservation is issued. The reservation is not confirmed until: a.The Applicant presents an original Virginia ABC Banquet License and a copy is made for the Applicant file. b.A security deposit is paid, in an amount determined by the department, to cover the cost of damages to County property or unanticipated costs to the County as a result of the use of County property. If there are no such costs, the security deposit will be returned, without interest, to the applicant within 30 calendar days following the event. The security deposit can be made by cash, credit card (when this option is available), or by certified check made payable to “Treasurer, Roanoke County.” A returned check or denied credit will automatically cancel the reservation. A reservation confirmation will not be issued unless both criteria are met at least days prior to the event. 14 7.The reservation may be cancelled at any time at the sole discretion of Roanoke County, with or without cause, and the County shall have no liability arising from the cancellation of any such permit. 8.The Applicant is required to indemnify the County, Roanoke County Board of Supervisors, its agents, volunteers, sponsors and employees from any liability associated with the use, consumption, or possession of alcoholic beverages on County property. 9.The Applicant must provide adequate liability insurance covering the applicant, the entity represented, and the County and its officers, agents, and employees from any such liability in the amount of as set forth by Roanoke $1,000,000 County’s Office of Risk Management. PART III: MISCELLANEOUS 1.All applicable laws, ordinances, rules, and regulations apply. 2.All events serving alcohol must last six (6) or fewer hours. 3.Alcohol service must cease thirty (30) minutes before the scheduled close of the event. 4.Alcohol must be served and consumed in defined spaces only. No alcohol is to be served or consumed in parking areas, and no alcohol is to be taken off premises. 5.The bar must be tended at all times. 6.A department designee or ABC official shall be allowed free access to the applicant’s event. 7.No one under the age of 21 will be allowed to supervise the event or sell or serve alcohol. 8.The applicant may be required to pay for extra security and building maintenance depending on the nature and size of the function. The department director will provide the final determination for security needs of a rental and or event. 9.Departments retain the right to refuse to permit alcohol consumption anywhere on County-owned property and to deny a reservation based on the type of event or the type of alcohol to be served. 10.Any violations of these rules or state or local laws during an event may result in a citation by police, immediate termination of an event, and forfeiture of the damage deposit and/or additional fees and penalties. Furthermore, the individual may be prohibited from attending or hosting another event at any Roanoke County facility. 11.Departments may have additional rules and regulations based on differences in event sites and staffing structures. 6). This extension is designed to support Explore Park and the Delaney Court water system. Finally WVWA and County staff agreed that it is necessary to clarify the application and interpretation of these mandatory connection ordinances. SUMMARY OF INFORMATION: This ordinance is sponsored by Mr. Altizer. This ordinance repeals the existing Sections 18-64 and 22-71. These sections utilized distance and lot size measures that were often difficult to enforce and interpret, and sometimes were contradictory. Staff recommends that the Board consider the adoption of new ordinances that provide a more uniform and consistent approach, along with clear exceptions. The proposed ordinances provide as follows: 1) That all occupied buildings shall be required to connect to the WVWA water or sewer systems, if the WVWA system is at the lot line or in the street or easement adjoining the lot line. In the case of sewer, the elevation must also permit connection. 2) Buildings constructed and occupied before the effective date of this ordinance are exempt from the mandatory connection requirement. If the private well or septic system fails, the lot owner can replace the well or septic system, and not have to connect to the public system(s). This “grandfathers” existing private systems. 3) Buildings constructed on lots created under the “family exempt subdivision” provisions of the County’s Subdivision ordinances are also exempt from the mandatory connection requirement. This ordinance attempts to clarify these provisions and the make the water and sewer connection requirements consistent with one another. It continues what has been the actual practice in the County. The County has used the extension of public water and sewer as a means to facilitate and manage growth, while still protecting public health, safety and welfare through the provision of clean, potable water and treatment of human wastes. In the past the County has discouraged the expansion of septic systems in areas of development and growth. Also this ordinance will maintain the County’s commitments to Roanoke City and WVWA, made when WVWA was created. The first reading of this ordinance was held on November 12, 2013. Page 2 of 3 STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of the attached ordinance. Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 10, 2013 ORDINANCE REPEALING SECTION 18-64 AND SECTION 22-71 OF THE ROANOKE COUNTY CODE AND ADOPTING NEW SECTION18-64 “CONNECTIONS TO PUBLIC OR PRIVATE SEWERS” AND SECTION 22-71 “CONNECTION REQUIRED” WHEREAS, the Board of Supervisors of Roanoke County has required mandatory connections to public water and sewer systems for over forty (40) years in order to protect the public health, safety and welfare of all of its citizens; and WHEREAS, the Board agreed to continue to enforce its mandatory connection ordinances when the County conveyed its public water and sewer systems to the Western Virginia Water Authority (WVWA) in 2004; and WHEREAS, the Board finds that revisions to the mandatory connection ordinances will clarify these requirements while continuing its commitments to the WVWA and the City of Roanoke; and WHEREAS, the first reading of this ordinance was held on November 12, 2013, and the second reading and public hearing was held on December 10, 2013. BE IT ORDIANED BY THE Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 18-64 “Connections to public or private sewers; compliance with article; inspection of septic tank systems; when permits under article become null and void.” of the Roanoke County Code is hereby repealed: It shall be unlawful for any septic tank system to be installed or repaired in the county except upon a permit as required in this article. If a public or private sewer is within three hundred (300) feet of the buildings for which the septic tank is to be installed or repaired, or as required by the concurring resolution under § 15.2-5137 of the Code of Virginia, the owner shall be required to connect to the public or private sewer, if the Page 1 of 4 owner of the latter and the elevation permits such connection. No septic tank system shall be installed or repaired in this county except upon such permit as required in this article. All materials used shall strictly comply with all of the specifications required by this article. No septic tank system or any part thereof shall be covered until it has been inspected and approved as complying with the approved plans of the health department. The health department shall not approve the installation of a septic tank system unless so installed, nor permit it to be covered up unless it complies with the plans and specifications as set forth in this article. All permits automatically become null and void six (6) months after date of issue unless they are renewed in writing by the health department. 2. That Section 22-71 “Connection Required” of the Roanoke County Code is hereby repealed: Except as provided below, all occupied buildings located within the county on lots having less than forty thousand (40,000) square feet, less than one hundred fifty-foot road frontage where the WVWA owned water system is at the lot line, or within a street or easement adjoining such lot line, or as required by the concurring resolution under § 15.2-5137 of the Code of Virginia, shall be connected with such system. The connection fee shall be in accordance with the current schedule of charges for initial water connections. The owner or tenants occupying such buildings shall use the county owned system for water consumed or used in and about the premises on which such buildings are located. The provisions of this section shall not apply to occupied buildings located on lots utilizing a water supply in existence at the time this chapter is adopted. Should the owner of the water system desire to replace such water supply or should he desire to make repairs exceeding twenty-five (25) percent of the replacement cost of the entire water system, such owner shall conform to the requirements of this chapter. 3. That Section 18-64 “Connections to public or private sewers” is hereby adopted: Sec. 18-64 - Connections to public or private sewers (a) It shall be unlawful for any septic tank system to be installed or repaired in the county except upon a permit as required in this article. (b) All occupied buildings located within the county on lots where the WVWA owned sewer system is at the lot line, or within a street or easement adjoining such lot line, or as required by the concurring resolution under § 15.2-5137 of the Code of Virginia, shall be required to connect to the public or private sewer, if elevation permits such Page 2 of 4 connection. No septic tank system shall be installed or repaired in this county except upon such permit as required in this article. All materials used shall strictly comply with all of the specifications required by this article. No septic tank system or any part thereof shall be covered until it has been inspected and approved as complying with the approved plans of the health department. The health department shall not approve the installation of a septic tank system unless so installed, nor permit it to be covered up unless it complies with the plans and specifications as set forth in this article. All permits automatically become null and void eighteen (18) months after date of issue unless they are renewed in writing by the health department. (c) Buildings constructed and occupied prior to the date of the adoption of this ordinance (December 10, 2013) shall be exempted from the requirement to connect to such system. (d) Buildings constructed on a lot created as a “family exempt subdivision” under Sec. 29-4.4 of the County Code shall be exempt from the requirements to connect to such system. 4. That Section 22-71 “Connection Required” is hereby adopted”: Sec. 22-71 Connection Required (a) All buildings located within the county where the WVWA owned water system is at the lot line, or within the street or easement adjoining such lot line, or as required by the concurring resolution under § 15.2-5137 of the Code of Virginia, shall be connected with such system. (b) The connection fee shall be in accordance with the current schedule of charges for initial water connections. The owner or tenants occupying such buildings shall use Page 3 of 4 the WVWA owned system for water consumed or used in and about the premises on which such buildings are located. (c) Buildings constructed and occupied prior to the date of the adoption of this ordinance (December 10, 2013) shall be exempted from the requirement to connect to such system. (d) Buildings constructed on a lot created as a “family exempt subdivision” under Sec. 29-4.4 of the County Code shall be exempt from the requirements to connect to such system 5. That the provisions of this ordinance shall become effective from and after the date of its adoption. Page 4 of 4 approximately 120’ above the surrounding ground at the recommended site. On March 27, 2012, The County Board of Supervisors rejected the request of the Western Virginia Water Authority (WVWA) to place a water tower at 4968 Northridge Lane near Northside High School. Since that time, County Staff and WVWA have worked to evaluate alternate sites. A total of nine (9) potential sites were evaluated by County and WVWA staff. These nine (9) sites were also evaluated by Delta Airport Consulting, Inc. to determine potential impacts to the Roanoke Regional Airport. The two (2) most viable sites were further studied to determine their potential impacts to instrument approaches and departures from the airport as well as any impact to future runway extensions. Based on current zoning, water main accessibility, elevation, land availability, and potential impact to R1 zoned areas; a portion of the southwest corner of the Green Ridge Recreation Center parcel is the preferred location for the tank. This site would be leased from the County by the WVWA. Since the current zoning is I-2 no Board of Supervisors action would be required other than approval of the lease since the use is by right in I-2. The WVWA has budgeted the funds necessary to construct a cylindrical tank in North County. A spherical or elevated tank, which may be more aesthetically pleasing, is possible, but is anticipated to cost one and one half to two (1½ to 2) times as much as the cylindrical tank. The additional funding that would be required to construct a spherical tank has not been identified by either the WVWA or Roanoke County. In order to assist the Board of Supervisors, computer generated renderings of both tank designs have been developed. In the draft lease agreement, Roanoke County would retain design and aesthetic approval over the tank. The County would also share equally with the WVWA any revenues that may be generated by communication equipment that may be located on the tank. The design life of the tank is one hundred (100) years and the initial term of the lease as drafted is forty (40) years at $1 a year. Staff has contacted the owner of the one privately owned resident who lives closest to the proposed tank site. A citizen’s information meeting will be held prior to the second reading at the Green Ridge Recreation Center. The first reading of this ordinance was held on November 12, 2013. FISCAL IMPACT: If a cylindrical tank is approved, there would be no negative fiscal impact from this action. The County could also receive substantial revenues from its share of any future communication leases. The County could also benefit from economic growth that could be spurred by enhanced water availability. If an elevated tank design is desired by the Board there would be additional cost beyond the budgeted amount that would need to be negotiated with the WVWA. Page 2 of 3 ALTERNATIVES: Eight (8) additional sites were evaluated by County and WVWA staff. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 10, 2013 ORDINANCE APPROVING A LEASE BETWEEN ROANOKE COUNTY AND THE WESTERN VIRGINIA WATER AUTHORITY FOR THE LOCATION OF A WATER TANK WHEREAS, the Roanoke County owns certain property located in the County of Roanoke, Virginia, designated as Tax Map No. 026.18-01-15.00-0000 (“Premises”) which it uses for the operation of multi-purpose recreational facility; and WHEREAS, the Western Virginia Water Authority (WVWA) needs a location for the installation of a water tank to provide potable water to North County; and WHEREAS, WVWA desires to lease a portion of Tax Map No. 026.18-01-15.00- 0000 from the County to construct a water tank for WVWA’s use; and WHEREAS, the County desires to lease such property to WVWA, and WVWA desires to lease the same, upon the terms and conditions set forth in this Ground Lease; and WHEREAS, the Board has determined that the construction and operation of a water tank at this location will facilitate the efficient operation and supply of potable water to North County; and WHEREAS, the Board declares a portion of this property to be surplus and is available for other public uses, namely for the construction of a water tank owned by WVWA, as provided in Section 16.01 of the Roanoke County Charter; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the lease of real estate interests be accomplished by ordinance, and that the first reading of this Page 1 of 3 ordinance was held on November 12, 2013, and that the second reading and public hearing on this ordinance were held on December 10, 2013. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Western Virginia Water Authority has requested that the County enter into a lease of approximately 10,000 square feet of space for the location of a water tank to provide potable water to North Roanoke County. 2. That County staff has negotiated a lease for a term of forty (40) years commencing on January 1, 2014, and ending on December 31, 2054, at a rent of One Dollar ($1.00) per year for the location of the water tank on property owned by Roanoke County designated as Tax Map #026.18-01-15.00-0000 and used for the operation of a multi-purpose recreational facility. 3. That the lease of approximately 10,000 square feet of space to the Western Virginia Water Authority for the location of a water tank located on a County- owned parcel identified as Tax Map #026.18-01-15.00-0000 is hereby authorized and approved. 4. That the County Administrator, or any Assistant County Administrators, either of whom may act, are authorized to execute, deliver and record the Ground Lease Agreement, and any other documents on behalf of the County and to take all such further action as any of them may deem necessary or desirable in connection with this project. The form of the Ground Lease Agreement presented to the Board is hereby approved with such completions, omissions, insertions and changes as the County Administrator may approve, whose approval shall be evidenced conclusively by Page 2 of 3 the execution and delivery thereof, all of which shall be approved as to form by the County Attorney. 5. That this ordinance shall be effective from and after the date of its adoption. Page 3 of 3 10/29/2013 DRAFT WITH HMDJr COMMENTS 12-03-2013 GROUND LEASE AGREEMENT BETWEEN THE COUNTY OF ROANOKE, VIRGINIA, AND THE WESTERN VIRGINIA WATER AUTHORITY THIS GROUND LEASE, made and entered into this ___ day of COUNTY OF ROANOKE, __________________________, 2014, by and between the VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter WESTERN VIRGINIA WATER AUTHORITY, referred to as the a political subdivision of the Commonwealth of Virginia, hereinafter referred to as WITNESSETH: WHEREAS, the Landlord owns certain property located in the County of Roanoke, Virginia, designated as Tax Map No. 26.18-1-15 Premiseswhich it uses for the operation of multi-purpose recreational facility; and WHEREAS, Tenant needs a location for the installation of a water tank to provide potable water to North County; and WHEREAS, Tenant desires to lease a portion of Tax Map No. 26.18-1-15 from Landlord to construct a water tank for use; and WHEREAS, Landlord desires to lease such property to Tenant, and Tenant desires to lease the same, upon the terms and conditions set forth in this Ground Lease; and WHEREAS, Board of Supervisors for the County of Roanoke, approved this Ground Lease between the parties pursuant to Ordinance _______________________, adopted December 10, 2013 and WVWA by Resolution No._______________________, adopted January 16, 2014. THAT for and in consideration of the mutual covenants contained herein, the Landlord and Tenant hereby covenant and agree as follows: PREMISES AND LEASE TERM 1. Lease of Site. The Landlord hereby leases to the Tenant and the Tenant hereby leases from the Landlord that certain occupied parcel of land legally described on Exhibit A attached to this Ground Lease and incorporated herein by reference and hereinafter , with such rights of access in, to and over the Premises as shall be . 2. Use of Site. During the term of this lease, the Tenant shall use the Site for the sole and exclusive purpose of constructing, operating and managing awater tank and related transmission lines and other necessary utility infrastructure including antenna system in the Roanoke Valley, which shall be located at the Premises.Tenant agrees that it will not use the Site for any other purpose not related to construction and operation of a water tank without the written consent of Landlord. Tenant shall design its water tank and related infrastructure in will submit such design to the Landlord for review for a period of sixty (60) days. In the event the Landlord makes no comment within such sixty (60) day notice period, Tenant will proceed with plans to construct its design. Landlord may, at its expense, use the water tank for publicizing its multi-purpose recreational facility located on the Premises 3. Term. This lease shall be for a term of Forty (40) Years commencing on January 1, 2014 and ending on December 31, 2054, at which time this lease shall automatically renew for successive five (5) year terms unless terminated by either party 213 Page of on written notice given at least six (6) months prior to the end of any term hereof.If the Tenant fails to construct the water tank by December 31, 2018, then the Landlord may terminate this Lease upon 60 days written notice to the Tenant. 4. Rental. The Tenant shall to pay the Landlord rental for the Site in the amount of One Dollar ($1) per year.In addition, the Tenant shall pay to the Landlord one half (1/2) of any rents or fees derived from the installation of any communication antennae on the water tank, net of any direct costs the Tenant might have in providing such installations. 5. Site Leased As Is. The Tenant agrees that the Site is leased to the Tenant in an "as is" condition and without warranty of any kind as to merchantability, habitability, or fitness for any particular use or purpose.Landlord makes no warranty or representation as to the title, environmental or physical condition of the Site. Tenant may enter the Premises and the Site to conduct whatever investigation that may be necessary or convenient to determine the appropriatness and suitability of the Site for its purposes. 6.Permits. The Tenant shall be solely responsible for obtaining any and all necessary building permits and development approvals required by state, federal, and local law for the construction of the water tank. All such permits and approvals shall be obtained at the sole cost and expense of the Tenant. The Tenant agrees to submit all required permit applications to the Landlord within one year from the Landlord's approval of the final design. The Tenant shall be responsible for diligently pursuing all permit applications to conclusion. The Tenant agrees to submit to the Landlord any request to place an antenna or any other third party equipment on the water tank for the 313 Page of 7. Construction. The Landlord will provide access to the Premises. The Tenant shall provide the Landlord with the design and construction plans for its review and approval, prior to commencement of any construction on the Site. Tenant acknowledges that the design and aesthetic appearance of the improvements is critical to the Landlord, and it agrees to comply with all changes to the design and construction plans reasonably requested by the Landlord. Tenant agrees that such plans must comply with all building and zoning requirements required by applicable law. Also any future modifications to the improvements shall be submitted to the Landlord for its review and approval. 8. Utilities. The Tenant shall be responsible and promptly pay for its portion of public and private utility services to and from the Site during the term of this Ground Lease, including the costs of installation and connection of wiring, pipes, necessary to provide utility service to the Site. 9. Control of Site. During the term of this Ground Lease, the Tenant shall have joint control over the Site along with the Landlord, provided, that the Landlord may enter improvements at all reasonable times for the purpose of inspecting the 10. Insurance. Tenant's compliance with the terms of this Ground Lease. The Authority continuously shall maintain or cause to be maintained insurance against such risks as are customarily insured against by public bodies operating water tanks similar in size and character to the water tank to be constructed on the Site, including, without limitation: a) Insurance in the amount of the full replacement cost of the water tank against loss or damage by casualty or 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 413 Page of such endorsements (limited only as may be provided in the standard form of such endorsements at the time in use in Virginia). 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 water tank. c) Worker's compensation insurance. The Authority shall provide upon request to the Bank a certificate or certificates of the respective insurers evidencing the fact that the insurance required by this Section is in force and effect. d) All insurance required by Section 8.1 shall be maintained with generally recognized responsible insurance companies selected by the Tenant. 11. Liens. The Tenant shall keep its interest in this Ground Lease, the Site, and the Premises free from any liens arising out of any work performed or materials ordered or obligations incurred by or on behalf of the Tenant and agrees to indemnify, hold harmless, and defend the Landlord from any liability from any such lien. 12. Presence and Use of Hazardous Materials. The Tenant shall not use, dispose of, treat, generate, or store any substance designated as, or containing components designated in such form as hazardous, dangerous, toxic, or harmful ("Hazardous Substances") on the Site. 13. Default. Upon the Tenant's default under this paragraph (after expiration of the 30-day notice and cure period set forth in paragraph 13, and in addition to the rights and remedies set forth elsewhere in this Ground Lease), the Landlord shall be entitled to, 513 Page of at the Landlord's option, terminate this Ground Lease immediately; and recover any and all damages associated with the default, including, but not limited to, removal of the water tank, cleanup costs and charges, civil and criminal penalties and fees, and any and all damages and claims asserted by third parties. The parties agree that Tenant shall have a period of time not to exceed thirty (30) days to cure the default unless a longer period of time, as determined in the discretion of Landlord, is needed to cure the default. In the event such default is not cured upon written demand by Landlord, Landlord shall have the right to terminate this Lease, and upon such termination all improvements made by Tenant shall become the exclusive property of Landlord. 14. Assignment. The Tenant shall not assign, transfer or sublet (collectively "an assignment") all or any portion of the Site without first obtaining the written consent of the Landlord, which consent the Landlord may withhold in its sole discretion. Any assignment of this Ground Lease shall be subject to the assignee assuming all of the Tenant's obligations herein. Any attempted assignment without the Landlord's consent shall be void and confer no right upon any third parties. Any consent to an assignment shall not constitute a waiver or discharge of the provisions of this paragraph with respect to any subsequent assignment. The Tenant shall remain obligated under the provisions of this Ground Lease in the event of a breach by the assignee. 15. No Release. The consent by the Landlord to an assignment shall not in any way be construed to relieve the Tenant or the assignee or sublessee from obtaining the express written consent of the Landlord to any further assignment or to release the Tenant from any liability under this Ground Lease. 613 Page of 16. Termination. In the event that the Tenant fails to comply with any provision of this Ground Lease, where such failure shall continue for a period of thirty (30) days after written notice of such failure has been given to the Tenant by the Landlord, the Landlord may, at its option, immediately terminate this Ground Lease and any and all rights of the Tenant hereunder.All such improvements made on the Site by Tenant will be removed by the Tenant upon the termination of this Ground Lease at no cost to Landlord, and the Premises returned to its original condition within 180 days of termination. Either party may terminate this lease on written notice given at least six (6) months prior to the end of any term hereof. 17. Vacation of Premises Improvements. Should the Tenant fail to use the Site as a water tank within 60 months of the execution of this Lease or should the parties terminate this Ground Lease for other reasons, the Tenant agrees to vacate the premises within thirty (30) calendar days. All improvements on the Site made by the Tenant shall be removed by the Tenant upon the termination or expiration of this Ground Lease, and the Premises returned to its original condition within 180 days of termination. 18. Holding Over. If the Tenant holds over after the expiration or termination of this Ground Lease without the express written consent of the Landlord, the Tenant shall be a tenant at sufferance only and shall be otherwise subject to the terms, covenants, and conditions of this Ground Lease, insofar as applicable.In such event, the term of the Lease shall convert to an annual, and may be terminated by either party on six months notice. 19. Miscellaneous. 713 Page of 19.1 No Partnership. This lease agreement shall not be deemed to give rise to a partnership or joint venture, and neither party shall have the authority to obligate the 19.2. Entire Agreement. This Ground Lease contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings among the parties with respect thereto. This Ground Lease may be amended only by an agreement in writing signed by the parties. 19.3. Consent of Parties. Unless otherwise provided herein, whenever consent or approval of either party is required, that party shall not unreasonably withhold such consent or approval. 19.4. Corporate Authority. Each party covenants that proper governmental authority has been obtained to execute this Lease. 19.5. Successors. This Ground Lease shall be binding on and inure to the benefit of the parties and their successors. 19.6. Status of Parties on Termination of Ground Lease. Except as specifically provided in this Ground Lease, if a party elects to terminate this Ground Lease as allowed in this Ground Lease, on the date the Ground Lease terminates the parties shall be released from further liabilities and obligations. 19.7. Exhibits -Incorporation in Ground Lease. All exhibits referred to are attached to this Ground Lease and incorporated by reference. 19.8. Waiver. No purported waiver by the Landlord of any default by the Tenant of any term, condition or covenant contained herein shall be deemed to be a waiver of such term, condition or covenant unless the waiver is in writing and signed by the 813 Page of Landlord. No such waiver shall in any event be deemed a waiver of any subsequent default under the same or any other term, condition or covenant contained herein. The consent or approval by the Landlord to or of any act by the Tenant requiring the Landlord's consent or approval shall not be deemed a waiver of the requirements of the Landlord's consent or approval to or of any subsequent or similar acts by the Tenant. 19.9. Duplicate Originals. This Ground Lease may be executed in any number of duplicate originals, each of which when fully executed by the Landlord and the Tenant shall be deemed an original and all of which together shall be deemed the same lease. 19.10. Remedies Cumulative. The various rights, options, elections, powers and remedies contained in this Ground Lease shall be construed as cumulative and no one of them shall be exclusive of any of the others or of any other legal or equitable remedy which either party might otherwise have in the event of a breach or default in the terms hereof. The exercise of one right or remedy by such party shall not impair its right to any other right or remedy until all obligations imposed on the other party have been fully performed. 19.11. Governing Law. This Agreement and the performance thereof shall be governed by and enforced under the laws of the Commonwealth of Virginia, and if legal action by either party is necessary for or with respect to the enforcement of any or all of rd the terms and conditions hereof, then exclusive venue therefore shall lie in the 23 judicial circuit of the Commonwealth of Virginia. 19.12 Interpretation. This Ground Lease has been submitted to the scrutiny of all parties and their counsel, if desired, and it shall be given a fair and reasonable interpretation in accordance with its words, without consideration to or weight given to 913 Page of its being drafted by any party or its counsel. Paragraph headings are for convenience only and shall not be considered when interpreting this Ground Lease. All words used in the singular shall include the plural; the present tense shall include the future tense; and the masculine gender shall include the feminine and neuter genders 19.13. Notices. Any notices to be given hereunder by either party may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of actual receipt, mailed notices shall be deemed communicated three (3) business days after the deposit of such notice with the United States Postal Service or with a recognized national overnight courier. All notices shall be sent to the following address, unless actual notice in writing of a different address for notices is received by the other party: THE LANDLORD: County of Roanoke, Virginia 5204 Bernard Drive P. O. Box 29800 Roanoke, VA 24018 With a copy to: County Attorney County of Roanoke, Virginia 5204 Bernard Drive P. O. Box 29800 Roanoke, VA 24018 THE TENANT: Western Virginia Water Authority 601 South Jefferson Street Roanoke, Virginia 24011 Attention: Executive Director, Water Operations 1013 Page of With a copy to: Harwell M. DARBY, Jr. Glenn Feldmann Darby & Goodlatte 37 Campbell Avenue, S.W. Roanoke, Virginia 24011 20.14. Binding Agreement. The provisions of this Ground Lease will be binding upon, and will inure to the benefit of, the respective heirs, legal representatives and successors of the parties. 20.15. Nondiscrimination. a. During the performance of this Agreement, the Parties agree as follows: (1) The Parties will not discriminate against any contractor, employee, or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by State law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Parties. The Parties agree to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (2) The Parties, in all solicitations or advertisements for employees placed by or on behalf of the Parties, will state that each Party is an equal employment opportunity employer. (3) Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 1113 Page of (4) The Parties will include the provisions of the foregoing Subsections a (1), (2), and (3) in every contract or purchase order of over $10,000, so that the provisions will be binding upon each contractor or vendor. (5) Pursuant to the Code of Virginia, Section 2.2-4343.1, be advised that the Parties do not discriminate against faith-based organizations. 20.16 Drug-Free Workplace. a. During the performance of this Lease, the Parties agree to (i) provide a drug-free workplace for their employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Parties that they maintain a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each contractor or vendor. b. For the purpose of this section, "drug-free workplace" means the Premises, and the employees are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Lease. c. The Parties shall post a copy of the policy in a conspicuous place at the Premises and assure that all personnel entering the jobsite are informed of the policy. 1213 Page of IN WITNESS WHEREOF, the parties have executed this Lease on the date first set forth above. COUNTY OF ROANOKE, VIRGINIA By: _________________________________ Print Name and Title Approved as to form: County Attorney WESTERN VIRGINIA WATER AUTHORITY By: Gary Lee Robertson, P.E., Executive Director, Water Operations Approved as to form: Attorney for the Western Virginia Water Authority 1313 Page of