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HomeMy WebLinkAbout8/8/2016 - RegularINVOCATION: Pastor Larry Kessler Life Church Roanoke County Board of Supervisors August 9, 2016 PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: "Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board. " Page 1 of 6 Roanoke County Board of Supervisors Agenda August 9, 2016 Good afternoon and welcome to our meeting for August 9, 2016. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Board of Supervisors meetings can also be viewed online through Roanoke County's website at www.RoanokeCountyVA.gov. Our meetings are now closed -captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recognition of Western Virginia Emergency Medical Services (EMS) Council 2016 Regional Award Recipients (Stephen G. Simon, Chief of Fire and Rescue) 2. Recognition of Roanoke County receiving a Third Place Ranking in the 2016 National Digital Counties Survey (Bill Hunter, Director of Communications and Information Technology) Page 2 of 6 3. Recognition of Roanoke County as the winners of four 2016 National Association of Counties (NaCo) Achievement Awards Program (Bill Hunter, Director of Communications and Information Technology; Jill Loope, Director of Economic Development; Jay Brenchick, Economic Development Manager; David Wray, GIS Manager) 4. Recognition of Roanoke County as one of the winners in the 2016 Virginia Association of Counties (VACo) Achievement Awards Program (Bill Hunter, Director of Communications and Information Technology and David Wray, GIS Manager) D. BRIEFINGS E. NEW BUSINESS F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCE -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. - 1 . ommission: 1. The petition of Roanoke H&R RE, LLLP and Fralin & Waldron Commercial Rental Limited Partnership to rezone approximately 23.01 acres from PTD with conditions, Planned Technology Development, District and R-1, Low Density Residential, District to PTD, Planned Technology Development, District with proffered conditions on property located in the 1300 block of Electric Road and 4000 block of Keagy Road, Windsor Hills Magisterial District. The proposed proffered conditions include conformance to the Concept Plan and Elevation Plan, limiting uses, signage, lighting, and buffers. 2. The petition of IYS XXII, L.C. to rezone approximately 8.46 acres from I-1 S, Low Intensity Industrial, District with special use permit to C-2, High Intensity Commercial, District for the operation of guidance services and general office, located at 5673 Airport Road, Hollins Magisterial District G. FIRST READING OF ORDINANCES 1. Ordinance reiterating findings as to the Western Virginia Regional Industrial Facility Authority and authorizing execution of first Amended and Restated Agreement creating such Authority (Ruth Ellen Kuhnel, County Attorney) 2. Ordinance approving a lease with Union Bank & Trust Company to lease 100 square feet in the Roanoke County Building located at 220 East Main Street in Salem, Virginia (Rob Light, Acting Director of General Services) 3. Ordinance approving a lease with Union Bank & Trust Company for 40 parking spaces of a lot located at 200 East Calhoun Street in Salem, Virginia (Rob Light, Acting Director of General Services) Page 3 of 6 4. Ordinance approving the purchase of the Jae Valley Park Property (Tax Map Numbers 089.00-03-29.01-0000 and 089.00-03-29.02-0000) from the City of Roanoke and authorizing the execution of a contract of purchase (Doug Blount. Director of Parks, Recreation and Tourism; Peter Lubeck, Senior Assistant County Attorney) H. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance authorizing the relocation of the following polling places pursuant to Section 24.2-306, 24.2-307 and 24.2-310 of the Code of Virginia, as Amended: (1) Bonsack Precinct (402); (2) Catawba Precinct (101) (Judith Stokes, Registrar) I. APPOINTMENTS 1. Board of Zoning Appeals (BZA) (appointed by District) 2. Budget and Fiscal Affairs Committee (BFAC) (appointed by District and At Large) 3. Clean Valley Council (At Large) 4. Economic Development Authority (EDA) (appointed by District) J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes — May 24 2016; June 14, 2016; June 28, 2016 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to James Stanley, Police Officer IV, upon his retirement after thirty-one years of service 3. Resolution donating Railroad Caboose N&W 55734 to the Roanoke Chapter of the National Railway Historical Society 4. Request to accept and allocate grant funds in the amount of $33,266 from the Virginia Department of Health for the purchase one heart monitor for use on ambulances 5. Request to accept and allocate grant funds in the amount of $9,891.50 from the Virginia Department of Transportation (VDOT) for the improvement of the drainage system at Tanglewood Drive improvement project Page 4 of 6 6. Confirmation of appointment to the Roanoke Valley Greenway Commission; Western Virginia Water Authority K. CITIZENS' COMMENTS AND COMMUNICATIONS L. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt M. WORK SESSIONS 1. Work session to present the Explore Park Master Plan (Doug Blount, Director of Parks, Recreation and Tourism) EVENING SESSION N. PUBLIC HEARING AND ADOPTION OF RESOLUTION 1. Public Hearing for citizen comment and consideration of a resolution approving and adopting the Roanoke County Community Strategic Plan (Daniel R. O'Donnell, Assistant County Administrator) O. PUBLIC HEARING AND SECOND READING OR ORDINANCES 1. The petition of Kate Madison Properties, LLC to rezone approximately 0.99 acre from R-1, Low Density Residential, District to C-1, Low Intensity Commercial, District on property located at 3746 Colonial Avenue, Cave Spring Magisterial District (Philip Thompson, Deputy Director of Planning) 2. The petition of Stephen Hartman to remove all proffered conditions from property zoned C-2CS, high intensity commercial with conditions and special use permit. The property is approximately 0.459 acre in size and is located at 7637 Williamson Road, Hollins Magisterial District. The proffered conditions deal with the use of the property, lighting, screening, signage, and hours of operation. (Philip Thompson, Deputy Director of Planning) P. CITIZEN COMMENTS AND COMMUNICATIONS Q. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Al Bedrosian 2. Martha B. Hooker 3. Joseph P. McNamara 4. George G. Assaid 5. P. Jason Peters Page 5 of 6 R. ADJOURNMENT Page 6 of 6 ACTION NO. ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: August 9, 2016 Recognition of Western Virginia Emergency Medical Services (EMS) Council 2016 Regional Award Recipients SUBMITTED BY: Stephen Simon Chief of Fire and Rescue APPROVED BY: Thomas C. Gates County Administrator ISSUE: Recognition of award recipients for the Western Virginia EMS Council 2016 Regional EMS Awards BACKGROUND: 2016 Award Recipients: Excellence in EMS - Battalion Chief William "Bill" Duff Since Duff's EMS professional career began in 1986, he has strived to provide the best quality of care to the community and beyond. Duff has worked diligently to become an excellent emergency medical services provider and is always researching and exploring the most up-to-date medical advancements for pre -hospital care. Through the years, Duff has worked up through the ranks in the fire service but never lost his passion for emergency medical services. As part of a Roanoke County EMS crew, Duff became more active in training EMS providers. He has served as a mentor to numerous newly certified Basic Life Support (BLS) & Advanced Life Support (ALS) providers. Duff now serves Roanoke County as the Battalion Chief of EMS. He leads this operational section with enthusiasm and dedication. Outstanding Prehospital Educator - Lieutenant Grey Smith Lt. Grey Smith has done an outstanding job as an EMS educator for Roanoke County Fire & Rescue Department. He takes great care and pride in providing EMS training for department personnel so that they have the tools they need to provide skilled care and Page 1 of 3 continue being successful EMS providers. Grey has a desire to learn more than just what is required for the job. He is always looking to learn new skills and to increase his knowledge in the EMS field. That desire is evident in the training he receives and also the training he provides. Recently, Smith spear headed a Pre -hospital Sepsis Detection/Consult Initiative including training and protocol adoption for selected agencies in the region (Roanoke County Fire & Rescue Department (RCFRD), Boutetourt County Emergency Services (BCES)). Additionally, he was instrumental in implementing the department's new training platform called Target Solutions. He not only teaches field personnel, but also middle school age children in the annual Character Academy for kids. Outstanding EMS Agency - Cave Spring First Aid and Rescue Squad Cave Spring First Aid and Rescue Squad has been serving the citizens of southwest Roanoke County for over 50 years. It has maintained a reputation as one of the strongest EMS agencies in the Roanoke Valley with strong, progressive leadership, performance and has produced a long list of successful EMS providers and administrators. Cave Spring First Aid and Rescue Squad trains providers to a level of high quality patient care and offers an annual Emergency Medical Technician (EMT) class to ensure education needs are met. The organization has an active role in injury prevention in the community and assists with Drunk Driver Awareness activities at local high schools, participates in career days at area schools and provides game coverage for two high school football teams. Cave Spring First Aid and Rescue Squad strives to provide top quality patient care, solid leadership and to maintain a strong presence in the Virginia Volunteer Rescue Squad Association. Oustanding EMS Administrator- O. Wayne Guffey Wayne has been in EMS for over 30 years. He joined the Vinton First Aid Crew (VFAC) as a junior member in 1987 and has been an Intermediate level provider for many years. During this time, he has held multiple offices in the crew. Wayne has been very active in the operation of the crew. He has been involved in developing ambulance specifications, planning and coordinating annual large event stand bys, developing programs that improve staffing, maintenance of the Mass Casualty Incident (MCI) trailer, management of the Virginia Pre Hospital Information Bridge (VPHIB) site, scheduling and leading training and the development and sustaining of the rehab program. Wayne has been voted crew member of the year multiple times and has been awarded the status of Life Member. He has given a large portion of his life to EMS and the VFAC and is a premier example of dedication to community. DISCUSSION: There is no discussion associated with this agenda item. Page 2 of 3 FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Recognition of award recipients. Page 3 of 3 ACTION NO. ITEM NO. C.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: August 9, 2016 Recognition of Roanoke County receiving a Third Place Ranking in the 2016 National Digital Counties Survey Bill Hunter Director of Communications & Technology Thomas C. Gates County Administrator Recognition of Roanoke County for placing third in its population category in the annual Digital Counties Survey. BACKGROUND: The Center for Digital Government's Digital Counties Survey is conducted in partnership with the National Association of Counties (NACo) annually in the spring: March - April. The online survey is open to all U.S. counties. Awards are based on four population classifications. Counties earn top rankings in their respective population categories for effectively and efficiently using digital technologies to serve their citizens, streamlining operations, and achieving measurable benefits. Submissions received from across the country are judged by a panel of experts, including Center for Digital Government executives. The Center for Digital Government is a national research and advisory institute on information technology policies and best practices in state and local government. The Center is a division of e.Republic, a national publishing, event, and research company focused on smart media for public sector innovation. NACo is a national organization of over 3,000 member localities that was founded in 1935. NACo serves as an advocate for local government issues and also serves as an information exchange. Page 1 of 2 DISCUSSION: Roanoke County placed third in its population category in the annual Digital Counties Survey. The County has once again been recognized as being among the top digital counties in the nation for its use of information and communication technology to support and provide public service. This years third place ranking continues an outstanding trend of the County be acknowledged for its leadership in the technology arena. Since 2004, the County has consistently been ranked as a top five digital County in the nation for comparably sized jurisdictions. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: There is no action required. Page 2 of 2 ACTION NO. ITEM NO. C.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: BACKGROUND: August 9, 2016 Recognition of Roanoke County as the winners of four 2016 National Association of Counties (NaCo) Achievement Awards Program Jill Loope Director of Economic Development Thomas C. Gates County Administrator The National Association of Counties (NACo) serves to advocate for the issues and concerns of County governments throughout the U.S encouraging the exchange of innovative ideas, leadership development and expansion of the public's understanding of local government. NACO's annual Achievement Awards Program is a non-competitive awards program that recognizes innovative county government initiatives in 21 different categories. More than 110 counties and organizations were recognized with awards in 2016. DISCUSSION: For 2016, NACO has recognized the County's Site Selector application in both the "Community & Economic Development" and the "Information Technology" award categories. Additionally, the County received awards in the "Information Technology" category for our Police View Application and our Mountain Valley Pipeline Viewer. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 1 of 2 STAFF RECOMMENDATION: There is no action required. Page 2 of 2 ACTION NO. ITEM NO. CA AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: August 9, 2016 Recognition of Roanoke County as one of the winners in the 2016 Virginia Association of Counties (VACo) Achievement Awards Program Bill Hunter Director of Communications & Technology Thomas C. Gates County Administrator Recognition of Roanoke County by the Virginia Association of Counties (VACO) for our Neighborhood Concerns Zoning Code Enforcement Application. BACKGROUND: In October 2014 the County of Roanoke embarked on an effort to modernize its Zoning Code Enforcement Program through a comprehensive management system that prioritized citizen transparency and staff accountability, while maximizing efficiency. The requirements for the new system fell into four major categories: citizen engagement and ease of use, enforcement inspections, workflow automation, and reporting. Citizens desired an online application to submit their concerns that was both easy to use and provided status updates on submitted complaints. The new system was built in-house by leveraging GIS application technology currently in use by the County, and uses a map -based interface and street address integration to help citizens easily and accurately report concerns. The new system allows inspectors to take photographs, enter notes and update complaint status in near real time with iPads. The system accepts online submissions from citizens, handles inspector scheduling and prints violation notices due including priority destination and citizen follow-up information. This information is updated regularly and daily reports of inspections are Page 1 of 2 generated which increases the availability of information for County citizens. The VACo Achievement Awards is a competitive program open to local government members of the Association. Held annually, it recognizes innovative, cooperative and model local government programs. DISCUSSION: There is no discussion associated with this agenda item. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: No action is required. Page 2 of 2 ACTION NO. ITEM NO. F.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: August 9, 2016 The petition of Roanoke H&R RE, LLLP and Fralin & Waldron Commercial Rental Limited Partnership to rezone approximately 23.01 acres from PTD with conditions, Planned Technology Development, District and R-1, Low Density Residential, District to PTD, Planned Technology Development, District with proffered conditions on property located in the 1300 block of Electric Road and 4000 block of Keagy Road, Windsor Hills Magisterial District. The proposed proffered conditions include conformance to the Concept Plan and Elevation Plan, limiting uses, signage, lighting, and buffers. Philip Thompson Deputy Director of Planning Thomas C. Gates County Administrator Consent agenda item for first reading of an ordinance on an application to rezone property from PTD and R-1 to PTD. BACKGROUND: The first reading on this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for September 27, 2016. The title of this ordinance is as follows: Page 1 of 2 The petition of Roanoke H&R RE, LLLP and Fralin & Waldron Commercial Rental Limited Partnership to rezone approximately 23.01 acres from PTD with conditions, Planned Technology Development, District and R-1, Low Density Residential, District to PTD, Planned Technology Development, District with proffered conditions on property located in the 1300 block of Electric Road and 4000 block of Keagy Road, Windsor Hills Magisterial District. The proposed proffered conditions include conformance to the Concept Plan and Elevation Plan, limiting uses, signage, lighting, and buffers. DISCUSSION: There is no discussion on this agenda item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this rezoning ordinance for the purpose of scheduling the second reading and public hearing for September 27, 2016. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 1, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Page 2 of 2 County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 il-z-- - I L��) I I S � For Staff Use Date received: Received by: (12 nL. Applicants name/address whip Phone: Application fee: I <� � . n -r) PCIBF-A-date: qA) fir Placards issued: I DOS Case Number -7 — q 1Q0 I I t? ALL APPLICANTS Check type of application filed (check all that apply) ® Rezoning 11 Special Use ❑ Variance ❑ Waiver ❑ Administrative Appeal ❑ Comp Plan (15.2-1232) Review Applicants name/address whip Phone: Work: SEE ATTACHED Cell #: Fax No.: Owner's name/address whip Phone #: Work: SEE ATTACHED Fax No. #: Property Location Magisterial District; Windsor Hills SEE ATTACHED Community Planning area: WindsorHills Tax Map No.: SEE ATTACHED Existing Zoning: PTD(c) and RI Size ofparcel(s): Acres: 23.01 Existing Land Use; Office and Residential REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2-2232) RENEW APPLICANTS (R/S/W/CP) Proposed Zoning: PTD Planned Technology Development District Proposed Land Use: Office, Nursing Home, Life Care Facility, and Residential Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes x TIo - IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes LJ No IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes L3 No _. VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (VIW/AA) Variance/Waiver of Section(s) of the Roanoke County Zoning Ordinance in order to: -IM �111- 10.1 Appeal of Zoning Administrator's decision to 1000' - Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACTED IF ANY OF ITEMS ARE MISSING OR INCOMPLETE. A 2 2 2416 R/S/WICP VIAA R/SIW/CP V/AA R/SfW/CP V/AA GD)11171Unity D) VZ Mork ` Consultation 8 1/2" x l V concept plan App lt ti fee Application Metes and bounds description Proffer licable Justification Water and sewer application Adjoining I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting 10edge and ROANOKE H&R RE, LLLP consent fthe owner. Contract Purchaser's Signature By; Medical c� iti e ' ]ne,, General Partner �.� a FRALIN WA DRON&.a RCIAL RENTAL LIMITED PARTNERSHIP By: F n gement C , ner Partner SiR . (✓y Owner's Signature 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER. OR COMP PLAN. (15.2-2232) REVIEW REQIESTS. Applicant Roanoke H&R Re, LLLP and Fralin & Waldron Commercial Rental Limited Partnersh The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance, SEE ATTACHED Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. SEE ATTACHED Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. SEE ATTACHED JUSTIFICATION FOR VARIANCE. REQUEST Applicant The of Zoning Appeals is required by Section 15.2-2309 of the Code of Virginia to consider the following factors before a variance can be granted. Please read the factors listed below carefully and in your own words, describe how the request meets each factor. If additional space is needed, use additional sheets of paper. 1. The variance shall not be contrary to the public interest and shall be in harmony with the intended spirit and purpose of the Zoning Ordinance. 2. The variance will not be of a substantial detriment to the adjacent properties or the character of the district. 3. Evidence supporting claim: 4 JUSTIFICATION. FOR ADMINISTRATIVE APPEAL. REQUEST Applicant Please respond to the following as thoroughly as possible. if additional space is needed, use additional sheets of paper. 1. Reasons for appeal: 2. Evidence supporting claim: 5 CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site pian and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS a. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. f. The zoning and land use of all adjacent properties g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required far REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers in. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. Fralin & Waldron Commercial Rental Limited Partnership By: F&W nagen Roration, its General P rtner 1 ,SA, V, Date: I�i�xtaaxacix Roanoke H&R Rel LLLP By: Medical F ' ti o America, Inc., its General Partner C�1L�� Date: Community Development a Planning & Zoning Division POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic -generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff and VDOT reserve the right to request a traffic study at any time, as deemed necessary.) High Traffic -Generating Land Uses; • Single-family residential subdivisions, Multi-famiiy residential units, or Apartments with more than 75 dwelling units • Restaurant (with or without drive-through windows) • Gas station/Convenience store/Car wash • Retail shop/Shopping center • Offices (including: financial institutions, general, medical, etc.) • Regional public facilities • Educational/Recreational facilities • Religious assemblies • Hotel/Motel • Golf course • Hospital/Nursing home/Clinic • Industrial site/Factory • Day care center • Bank • Non-specific use requests Road Network Situations: • Development adjacent to/with access onto/within 500 -ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc) • For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly • When required to evaluate access issues • Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six -Yr Road Plan, etc.) • Development in an area where there is a known existing traffic and/or safety problem • Development would potentially negatively impact existing/planned traffic signal(s) • Substantial departure from the Community Plan • Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day Effective date: April !9, 2005 dk flOAN0F Community Development Z - - Planning & Zoning Division Q z t NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the tight to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as pant of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. ,Effective date: April -19, 2005 Fralin & Waldron Commercial Rental Limited Partnership By: F&W Management Corporation, its General Partner rme etition P Signature 17,6/ 1, '/Date Roanoke H&R Re, LLLP By: M li, ies of America, Inc., its General Partner Date: �- ' ATTACHMENT TO REZONING APPLICATION FILED BY ROANOKE H&R RE, LLLP AND FRALIN & WALDRON COMMERCIAL RENTAL LIMITED PARTNERSHIP Applicants' namesladdresses w/zip Roanoke H&R RE, LLLP c/o Medical Facilities of America, Inc. Attention: Bruce Hedrick, Vice President of Development 2917 Penn Forest Boulevard Roanoke, Virginia 24018 Phone: (540) 776-7454 Cell #: (540) 798-8652 Fax No.: (540) 339-9136 Fralin & Waldron Commercial Rental Limited Partnership c/o F & W Management Corporation Attention: Charles Nimmo 3130 Chaparral Drive, Suite 200 Roanoke, Virginia 24018 Phone: (540) 774-1641 Fax No.: (540) 776-8680 Owners' names/addresses w/zip TM4 067.00-01-02.01-0000 TM# 067.00-01-02.00.0000 TM# 067.00-01-03.01-0000 Fralin & Waldron Commercial Rental Limited Partnership c/o F & W Management Corporation Attention: Charles Nimmo 3130 Chaparral Drive, Suite 200 Roanoke, Virginia 24018 Phone: (540) 774-1641 Fax No.: (540) 776-8680 TM# 067.00-01-03.00-0000 Angela M. Rock Jean C. Elliott 648 Hunters Drive New Castle, Virginia 24127 Phone: (540) 339-8968 Work (540) 375-4310 Cell #: (540) 339-8968 Fax No.: n/a TM# 067.00-01-04.00-0000 Alon P. Winnie Julie M. Perdue 4058 Keagy Road, S.W. Roanoke, Virginia 24018 Phone: (540) 493-3397 Work: (540) 725-7059 Cell #: (540) 493-3397 Fax No.: (866) 447-4293 TM# 067.00-01-05.00-0000 Kathy H. Bauman Scott W. Bauman 5585 S. Roselawn Road Roanoke, Virginia 24018 Phone: (540) 580-0568 Work: (540) 982-0568 Cell #: n/a Fax No.: n/a TM# 067.00-01-06.00-0000 Alon P. Winnie 4058 Keagy Road Roanoke, Virginia 24018 Phone: n/a Work: n/a Cell #: (540) 892-9150 Fax No.: n/a Property Locations TM# 067.00-01-02.01-0000 1325 Electric Road TM# 067.00-01-02.00-0000 1325 Electric Road TM -9 067.00-01-03.01-0000 0 Electric Road TM# 067.00-01-03.00-0000 4022 Keagy Road TM# 067.00-01-04.00-0000 4032 Keagy Road TM# 067.00-01-05.00-0000 4046 Keagy Road TM# 067.00-01-06.00-0000 4058 Keagy Road Tax Map No. Address Owner TM# 067.00-01-02.01-0000 1325 Electric Road Fralin & Waldron Commercial Rental Limited Partnership TM# 067.00-01-02.00-0000 1325 Electric Road Fralin & Waldron Commercial Rental Limited Partnership TM# 067.00-01-03.01-0000 0 Electric Road Fralin & Waldron Commercial Rental Limited Partnership_ TM# 067.00-01-03.000000 4022 Keagy Road Angela M. Rock Jean C. Elliott TM# 067.00-01-04.00-0000 4032 Keagy Road Alon P. Winnie Julie M. Perdue TM# 067.00-01-05.00-0000 4046 Keagy Road Kathy H. Bauman Scott W. Bauman TM# 067.00-01-06.00-0000 4058 Keagy Road Alon P. Winnie Windsor Hills Magisterial District Roanoke County Applicants Names: Roanoke H&R RE, LLLP Fralin & Waldron Commercial Rental Limited Partnership PROFFERS The undersigned owners and applicants do hereby proffer the following conditions in conjunction with the rezoning request and in replacement of the conditions currently imposed on the three parcels listed above owned by Fralin & Waldron Commercial Rental Limited Partnership (Ordinance 092507-4 and 1287-6): 1. The subject property will be developed in general conformity with the Concept Plan prepared by Lumsden Associates, P.C. under date of July 13, 2016, subject to those changes which may be required by Roanoke County during comprehensive site plan review. 2. The design and elevations of the proposed nursing home (Roanoke Health & Rehabilitation Center) will be in general conformity with the Elevation Plan prepared by Jones and Jones Associates under date of July 21, 2016. 3. The uses of the property shall be limited to the following: (a) Nursing home use; (b) Life care facility use; (c) The following R-1 Low Density Residential District uses Single Family Dwelling, Detached Home Occupation, Type I Accessory Apartment; and (d) The following C-1 Low Intensity Commercial District uses: Office Uses General Office Medical Office Financial Institutions Laboratories Civic Uses Administrative Service Clubs Cultural Services Day Care Center Educational Facilities, College/University Educational Facilities, Primary/Secondary Guidance Services Park and Ride Facility Post Office Public Parks and Recreational Areas Safety Services Utility Services, Minor Commercial Uses Agricultural Services Antique Shops Bed and Breakfast Business Support Services Business or Trade Schools Communications Services Consumer Repair Services Personal Improvement Services Personal Services Studio, Fine Arts Veterinary Hospital/Clinic Miscellaneous Uses Amateur Radio Tower Parking Facility 4. Any new signs shall be monument style, not to exceed 10 feet in height, and shall match the colors and materials of the existing monument sign at 1325 Electric Road. 5. Any new freestanding light poles shall not exceed 18 feet in height. 6. In the area delineated on the Concept Plan as "Buffer Maintenance Area", a vegetative buffer of approximately eighty (80') feet in depth shall be established. This area is vegetated with a stand of mature deciduous and evergreen trees and is intended to be kept in its natural state. However, existing trees in this area which have a caliper twenty-four (24") inches or greater at five (5) feet above ground level and are located within thirty (30') feet of adjoining 2 residential properties shall be replaced upon their death unless the Zoning Administrator determines that a replacement tree is not likely to thrive due to existing conditions. Replacement trees shall be in accordance with Section 30-92-5(E)(3) of the Roanoke County Zoning Ordinance and Section 2.5 of the Roanoke County Design Handbook (2011 Edition). Dated this Z2- day of July, 2016. Respectfully submitted, Applicant and Contract Purchaser ROANOKE H&R RE, LLLP By: Medical Facilities of America, Inc. Its: General Partner / By: William H. raJr. Its: President and CEO Applicant and Owner FRALIN & WALDRON COMMERCIAL RENTAL LIMITED PARTNERSHIP By: F & W Mana ment Corpor ion Its: Gen ra! er n - By:- He ood Fralin Its: Senior Vice President Additional Owners (see following pages) 3 Angela M 'Rdck and Jean C. Elliott, owners of TM## 007.00-01-03.00-0000, which is subject to this Rezol ing Application, hereby consent to this Rezoning Application and agree to be bound by the conditions that are proffered herein. �',' - 7 11 � J--Q- Angela . Rock r� f 7k, y Jean v Elliott El Alon P. Winnie and Julie M. Perdue, owners of TM# 067.00-01-04.00-0000, which is subject to this Rezoning Application, hereby consent to this Rezoning Application and agree to be bound by the conditions that are proffered herein. A /�? A'1' ", 5 K9.Ahy K Bauman and co' t W. Bauman, owners of `rm# 067.00-01-05.00-0000, subject to this Rezoning application, hereby consent to this Rezoning Application and ba ound by the condworis khat are profler,_A :_ 0 which is agree to is VV. Bauman Alon P. Winnie, owner of TM# 067.00-01-06.00-0000, which is subject to this petition, hereby consent to this Rezoning Application and agree to be bound by the conditions that are proffered herein. i1 Alon P. Winnie 7 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2332) REVIEW REQUESTS Applicants: Roanoke H&R Re, LLLP and Fralin & Waldron Commercial Rental Limited Partnership Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. Medical Facilities of America, Inc. ("MFA"), headquartered in Roanoke County, was founded in 1970 by the Fralin and Waldron families to provide high quality skilled nursing to communities throughout Virginia with the overriding mission of caring for and caring about their patients. MFA now operates forty two (42) unique skilled nursing facilities throughout Virginia and North Carolina, and the Roanoke - based leaders wish to bring a new state of the art skilled nursing facility to Roanoke County. MFA is the general partner of Roanoke H&R Re, LLLP ("Roanoke H&R"), co -applicant and contract purchaser. Like MFA, co -applicant Fralin & Waldron Commercial Rental Limited Partnership ("F&W") was founded by the Fralin and Waldron families, is headquartered in Roanoke County, and operates first class office buildings. The existing office buildings on the property which is the subject of this rezoning application were developed for and leased to Atlantic Mutual Company. They are currently leased by F&W to TMEIC and MFX Company and zoned PTD. In 2007, F&W received approval to expand development on its property to include a building devoted to industrial use. Rather than proceed in that fashion, F&W has been collaborating with MFA to identify complementary uses. The proposed skilled nursing and rehabilitation facility, which would be located on approximately 9.4 of the 23 acre campus, is the result of that collaboration. Because of the relationship between MFA and F&W, the additional acreage sought to be included in the PTD district can be developed harmoniously and in a campus - like fashion -- an important objective of the PTD zoning district -- complementing the surrounding land uses which are a mixture of office, commercial, and residential uses To facilitate this campus approach to the site, cross -easements for access, utilities, signage, and parking will be provided, as illustrated in the draft Cross -Easement Agreement (Exhibit A) between F&W and Roanoke H&R (or the ultimate title holder, should Roanoke H&R assign its contract rights to another entity related to MFA). In addition to sharing entrances, the existing entrance on Keagy Road, across from Ridgewood Drive, would be converted into a boulevard - style entrance, as shown on the concept plan prepared by Lumsden Associates P.C. (Exhibit I3), in order to enhance the primary approach to the carnpus. Approximately 65% of the 23 acres which are the subject of this application are already within the PTD (Planned Technology Development) district. Copies of the ordinance rezoning 15.67 acres of the subject property to the PTD district in 2007 as well as an earlier ordinance affecting 2 acres of the F&W property are enclosed (Exhibit C). Your applicants are requesting that the conditions set forth in those earlier ordinances be removed and replaced by the conditions set forth in the enclosed Proffers (Exhibit D1. A metes and bounds description of the area which is the subject of this rezoning application is enclosed (Exhibit E). A listing of the adjoining property owners is enclosed (Exhibit F . As shown on the concept plan, there will be no enlargement of the footprint of the existing F&W office buildings on the property, which contain approximately 141,000 square feet. The proposed skilled nursing facility will have up to 180 beds. The footprint of that building on the concept plan reflects its maximum build -out area. Should the number of beds decrease, the building's footprint will reduce. A skilled nursing facility is a State regulated and licensed healthcare facility providing skilled care, rehabilitation and other related health services to patients who need nursing care, but do not require hospitalization. The nursing facility will be staffed twenty-four (24) hours a day, seven (7) days a week. Should the maximum number of beds be constructed, total employment would be approximately two hundred (200). Except for administrative staff whose hours are generally Sam — 5pm, our health care professionals and some service staff will work in three shifts: typically, lam -- 3pm; 3pm — 1 Ipm; and 1 1pm ---- 7am. For the new facility, the investment is expected to be approximately twenty five million ($25,000,000.00) dollars. We expect that, once construction commences, the project will be complete within twenty-two (22) months. Annual wages and employee benefits are expected to be approximately eight and one-half million ($8,500,000.00) dollars, all of which further the purposes of the County Ordinance by encouraging activities that provide desirable employment and enlarge the tax base. In addition to wages and employee benefits, Roanoke H&R will pay annual real estate taxes and personal property taxes of at least one hundred thousand ($100,000.00) dollars, depending upon assessments at the time of completion. The existing F&W office buildings generate real estate taxes (currently, $127,228.07 annually) and serve as the headquarters of TMEIC, providing engineering, sales, management and support services for TMEIC's 300+ employees, generating additional business license and personal property tax revenues to the County. MFX Company, with approximately 50 employees, also occupies space in the F&W office buildings. No enlargement of those office buildings is proposed. As shown on the concept plan, the residence at 4058 Keagy Road will remain, continuing to provide real estate tax revenues (currently, $3,523.97 annually) to the County while maintaining a residential edge to the PTD district. While the concept plan and the elevations we have submitted depict the proposed skilled nursing facility, the footprint and appearance of an assisted living facility would differ. Retirement Unlimited, Inc., an MFA affiliate also established by the Fralin and Waldron families, operates six unique assisted living facilities in Virginia with others under development. Should market conditions at the time of 2 development indicate that an assisted living facility would better meet the needs of our community than the skilled nursing and rehabilitation facility described in this application, we will seek approval of a revised master plan and revised elevations from the County. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The property is located in the Windsor Hills community planning area and is split between transition and neighborhood conservation land use designations, with the majority of the acreage being designated as transition. Orderly development patterns, with attention to high quality design, which serve as effective buffers for lower intensity adjoiners is encouraged. Planned office parks and other facilities in park -like surroundings are encouraged. Development on the City of Salem side of Keagy Road (commercial (hotel), offices, and multi -family) is more intense than those proposed for this PTD district. The topography of the site, significantly lower in elevation than its residential neighbors to the south, when coupled with the large vegetated buffer area adjoining the area of disturbance, provides an effective buffer for the less intense Roanoke County adjoiners. The retention of a residential dwelling at the intersection of Keagy Road and McVitty Road as well as the classic architecture of the one-stoiy rehabilitation and nursing home building, as illustrated on the enclosed elevations prepared by Jones & Jones Associates (Exhibit G), provide an appropriate transition to residential adjoiners. (Like the concept plan, the elevations depict a 180 -bed build -out. Should the footprint of the building be reduced, the elevations will similarly adjust.) Views from Route 419 are not impacted by the new development since no external changes to the footprint of the existing office buildings fronting Route 419 are proposed. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, road, schools, parks/recreation and fire and rescue. As analyzed in the enclosed Traffic Summary prepared for the Virginia Department of Transportation (Exhibit H), the addition of the nursing home and rehabilitation center will have no negative impact on traffic or existing road networks. The Traffic Summary notes that, when the existing office buildings were developed for Atlantic Mutual Company, 600 employees worked on site. Even with the additional vehicle trips generated by the new nursing home and rehabilitation facility, the volume of trips is fewer than the volume during the Atlantic Mutual Company occupancy. Reducing the impact even further is the timing of staff shifts since the largest volume of nursing home traffic will be "off-peak" due to health care professionals and service staff shift schedules. The City of Salem has confirmed that public water and sanitary sewer are available to serve the new development. A copy of the City's letter is enclosed as Exhibit 1. 3 No negative impact on the public services or facilities, such as schools, parks/recreation or fire/rescue are anticipated. Indeed, the tax revenues and employment generated by the development, without any corresponding demand on public services, will only serve to enhance public services. M EXHIBIT A Consideration: NIA Tax Map Nos.: 067.00-01-02.01-0000 067.00-01-02.00-0000 067.00-01-03.01-0000 067.00-01-03.00-0000 067.00-01-04.00-0000 067.00-01-05.00-0000 067.00-01-06.00-0000 CROSS -EASEMENT AG Prepared by and Return to: Maryellen F. Goodlatte VSB # 18073 Glenn, Feldmann, Darby and Goodla€te P. O. Box 2887 Roanoke, Virginia 24001-2887 This Cross -Easement Agreement ("Agreement") is made as. of the 2016, by and among FRALIN & WALDRON COMMEW LIMITED PARTNERSHIP a Virginia limited partnership ("F&W") and ROAI, LLLP, a Virginia limited liability limited partnership ("H&R"). F&W and hereinafter referred to individually as a "Party" and collectively as the "Parties. A. F&W is the owner of certain having Roanoke County Tax 0000 (the "F&W Property"). RE'ECITALS: day of RENTAL H&R shall be y located in the County of Roanoke, Virginia, 067.00-01-02.000000 and 067.00-01-02.01- B. H&R is the owner of certain real property Iocated iii the County of Roanoke, Virginia, having Roanoke County Tax Map Nos. 067.00-01-03.00-0000, 067.00-01-03.01-0000, 067.00-01-04.00.-0000, 067:00-01-05.00=0000 and 067.00-01-06.00-0000 (the "H&R Property") C. The F&W Property and the H&R Property (collectively, the "Properties") are located within the PTD ,(Planned Technology Development) zoning district of the County of Roanoke, Virginia; and are. subject to the regulations and conditions therein provided, While the F&W Property has been developed as an office building, the majority of the H&R Property will ';lie redeveloped as a nursing home and rehabilitation facility. Existing residential users on the H&R Property may also remain. In order to provide for the redevelopment and use of the H&R Property, and to provide for the coordinated ingress, egiess..,and access to, from and between the Properties, Keagy Road, and Electric Road, the Parties leave agreed to grant certain easements over the Properties and to impose certain,`. 'quirements on the Parties and their respective successors and assigns, which easements and obligations are generally described herein. AGREEMENT: NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Paries agree as follows: 1 I. Incorporation of Recitals. The above recitals are true and correct and incorporated herein. 2. Grant of Permanent Parkin Easement. asement. Subject to the terms and conditions set forth in this Agreement, F&W hereby grants and conveys to H&R for the benefit of the H&R Property and for the use by H&R and its employees, agents, contractors, licensees, residents, visitors, representatives, successors and assigns (collectively, the "H&R Parties") a non-exclusive perpetual easement for the purpose of vehicular parking on the areas designated on the attached Exhibit A. H&R shall have the right to modify the layout of the parking area. F&W shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to H&R's use of the parking area. F&W shall take noaction which interferes with the use of the parking area by the H&R Parties. 3. Grant of Permanent Access Easement. Subject to the terms and conditions set forth in this Agreement, F&W hereby grants and conveys to H&R for the benefit of the, H&R Property and for the use by the H&R Parties, as an easement appurtenant to the H&R Property, a nonexclusive perpetual easement for the purpose of pedestrian and vehicular ingress, egress, passage and traffic, but not for parking, upon, over, across and through the paved travel areas not designated for parking on the F&W Property in order to access the H&R Property, the parking area described on Exhibit A, Keagy Road, and Electric Road. F&W hereby reserves the right to modify the travel areas in a mangier which will not inteifer.e with H&R's enjoyment of the rights granted hereby. Except as expresslset forth in this Agreement, free vehicular and pedestrian access between the Properties shall not be. impeded by F&W and shall at all times be maintained. The Parties agree to make such modiifications to the Keagy Road or Electric Road access points as the Virg hid Depa iment of Transportation'(``VDOT") shall require. The costs of making changes to said entryways shall be borne by the Party requesting the changes. 4. Grant of Permanent Utility Easement. F&W"hereby grants and conveys to H&R for the benefit of the H&R Property, as an easement appurtenant to the H&R Property, the perpetual right, privilege and easement over,. under, through, upon and across the F&W Property for the purpose of establishing uridergrourtd public utilities to serve the H&R Property. The locations of such...utilities shall be subject to the approval of F&W, which approval shall not be unreasonably withheld or delayed. F&W agrees to cooperate by timely executing such other agreements as utility companies may require in order to provide utility services to the H&R Property. 5. Grant of Temporary Access and Construction Easements. F&W hereby grants and conveys to H&R a non-exclusive temporary access easement over the existing paved travel areas not designated for parking on the F&W Property for the purposes of providing contractor access to the I-I&R Property in order to redevelop the I-I&R Property. F&W further grants and conveys to H&R non-exclusive temporary access and construction easements over the F&W Property for the purposes of installing and maintaining the utilities serving the H&R Property. H&R agrees to promptly repair all damage to the F&W Property caused as a result of use of these temporary easements by H&R or its contractors. b. Grant of Permanent Sign Easement. F&W hereby grants and conveys to II&R, for the use by H&R, a perpetual nonexclusive easement in, to, over, under, across, and through a la portion of the F&W Property, as depicted on Exhibit B attached hereto as New Sign Easement Area (the "Sign Easement Area') for the purpose of (i) constructing and installing a freestanding sign and all appurtenances related thereto (the "Sign"), together with the right of ingress and egress on, over and across the F&W Property for the purpose of effecting the foregoing rights and privileges. Subject to the terms and conditions of this Agreement, F&W, as owner of the Sign Easement Area, may fully use and enjoy the Sign Easement Area in a manner consistent with the rights granted to H&R under this Agreement. 7. Construction and Maintenance of Sign and Related Costs. H&R.shall construct the Sign at its sole cost and expense. H&R shall conduct all maintenance, repairs and replacements to the Sign as necessary to keep the Sign in a first class condition and repair at all times (the "Maintenance Obligations"). All Maintenance Obligations shall be completed by H&R at H&R's cost and expense (subject to reimbursement of such costs by F&W as described below), and in substantial conformity with all laws, rules, regulations, ordinances and applicable requirements of the County of Roanoke. F&W shall reimburse H&R for its pro, -rata share (the "F&W Share") of all actual out of pocket costs "and expenses incurred in conducting the Maintenance Obligations (the "F&W Maintenance EXpenses") The F&W Share shall be that percentage of the total number of Sign panels occupied by F&W Panels (as defined below). By way of illustration if F&W and H&R each have one panel on the Sign, the F&W Share would be 50%. F&W shall reimburse H&R for the F&W Share of the Maintenance Expenses no later than 30 days after receipt of (i) written notice. from H&R delineating the total cost of the Maintenance Expenses incurred by H&R and the amount of the F&W Share thereof, and (ii) copies of paid invoices relating to all Maintenance Expenses for which reimbursement is being sought (the "Maintenance Expense Notice"). If 'F&W fails to pay the F&W Share of the Maintenance Expenses to H&R within 30 days after receipt of the Maintenance Expense Notice, interest on the F&W' Share shall accrue at a ,rate of 12% per annum from the date the Maintenance Expenses were incurred, until paid in full, 8. Sign Panels.... The owner of the 'H&R Property, and any tenant occupying the H&R Property (the "H&R Tenant"), shall, at all times, have the right to install, at its sole cost and expense, panels on the Sign (the "H&R Panels"), including the location, form and substance of the panels -The H&R Panels.... -shall be placed by H&R in the areas of highest visibility on the Sign as determined by H&R or the H&R Tenant, in their sole discretion. F&W shall have the right, at its sole; cost and expense, to install panels on the Sign in locations not occupied by the H&R Panels (the "F&W Panels-). The H&R Panels and the F&W Panels shall not contain images or words that,. are offensive to the ordinary reasonable person (whether cloaked in images, words or phrases carrying double meanings). H&R and F&W shall each maintain, repair and replace its own panels on the Sign. 9. Insurance. a. During the term of construction of the nursing home and rehabilitation facility by H&R, H&R shall obtain, keep in force and maintain, and cause each of its contractors to obtain, keep in force and maintain (to the extent applicable), at no cost to F&W, commercial general liability, combined single limit, bodily injury and property damage and liability insurance (which insurance shall be primary and non-contributing) in an amount of not less than (i) $1,000,000 for H&R and (ii) $1,000,000 per occurrence and $3,000,000 in the aggregate for 3 H&R's contractors. Upon request of F&W, H&R contractors shall provide to the requesting party up-to-date certificates of such coverage. Any insurance to be provided hereunder may be effected by a policy or policies of blanket insurance covering additional items or locations or insureds. b. Except as set forth in Section 10 below, each Party indemnifies, protects, defends and holds the other Party harmless from and against any loss, liability, costs or expenses arising as a result of personal injury, death, or property damage in the exercise by such Party of their rights hereunder, except if caused by the sole act or sole negligence, whether passive or active, of the other Party indemnified hereby. 10. HUD Financing. Recognizing that H&R intends to nursing home and rehabilitation facility proposed for the insured by the United States Department of Housing and U Parties agree that notwithstanding anything in this agreement subject to the indemnification provisions set forth rn this Agr not authorize any expenditure which would violate 31 USC Any provision of this Agreement which violate(s)(d) the ; present or future, will not be enforced against HUD. Notwit this Agreement, HUD, whether in the capacity of subsidy pro lessee or mortgagee in possession, shall` have no obligation holding harmless, of any nature whatsoever, to `any govcrnm or party, either now or in the future. The Panties agree to exe require to confirm its exemption. from any indemnification or 11. finance ;;the development of the H&R. Property through a program roan Development ("HUD"), the to the contrary, ;HUD shall not be Bement. HUD prohibits and does 1341, {the "Anti -Deficiency Act"). Anti -Deficiency Act, in the past, .standing any other provisions in eider, loan insurer, lender, owner, of reimbursement, indemnity, or ental entity, private entity, person cute such documents as HUD may other provisions set out herein. a. No Rights rn Public'Gene ally. The''easements and the rights created, reserved, granted and established in this Agreement' do nat;''are not intended to, and shall not be construed to create any easements, rights or 'privileges in and for the benefit of the general public, or any other third -party beneficiaries. b. Enforcement; Attorney's Fees. Except as set forth in Section 10 above, in the event that any, Party is required to commence any action or proceeding against another Party in order to enforce or ;interpret the provisions hereof, the prevailing Party in such action shall be awarded, in addition to. any amounts or relief otherwise awarded, all reasonable costs incurred in connection therewith, including attorneys' fees. C. No Partnership. None of the terms or provisions of this Agreement shall be deemed to create a partnership between the Parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. d. Binding Nature. Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon the respective administrators, successors and assigns of the Parties. 4 C. Runs With the Land. The easements, covenants, conditions and agreements contained in this Agreement shall run with the land and be binding upon the Parties and their successors in interest. f. &verahility. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term of this Agreement, then the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby; and in lieu of each such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and which shall be legal, valid and enforceable. g. Counter arts, This Agreement may be executed and delivered in any number of counterparts, each of which, when so executed and delivered, shall be deemed to be an original and all of which shall constitute one and the same instrument. h. Notices. All notices, statements, demands, requirements,' or other communications and documents ("Communications") required or permitted to be given, served, or delivered by or to any Party or any intended recipient :under this Agreement shall be in writing and shall be either delivered by hand, sent by a nationally recognized overnight courier service, or prepaid certified or registered mail (airmail in the case of all international communications), return receipt requested, to the Party. or intended recipient at its address stated below, or to such other address as a Party may from time to time have notified the other Parties as being its address for purposes of this Agreement to the exclusion of all previously applicable addresses. Such Communications shall be deemed to have been given, served or delivered: (i) if deliveredby hand, upon delivery; (ii) if delivered by overnight courier, on the next business day following the date of delivery to the courier; or (iii) if sent by mail, four business days after the date of mailing. the Parties are as follows: To F&W: Fralin & Waldron Commercial Rental Limited Partnership Attention: Charlie Nimmo 3130 Chaparral Drive, Suite 200 Roanoke, Virginia 24018 Fax No.: (540) 776-8680 To H&R: Roanoke H&R Re, LLLP c/o Medical Facilities of America, Inc. Attention: Bruce Hedrick, Vice President of Development 2917 Penn Forest Boulevard Roanoke, Virginia 24018 Fax No.: (540) 339-9136 wt With a copy to: Medical Facilities of America, Inc. Attention: Quinn Graeff, Esq. 2917 Penn Forest Boulevard Roanoke, Virginia 24018 Fax No.: (540) 339-9136 i. Amendment. The provisions of this Agreement may be abrogated, modified, rescinded or amended in whole or in part only by agreement of all of the, then current owners of the: (a) F&W Property, and (b) that portion of the H&R Property upon which the nursing home and rehabilitation facility is proposed or constructed. Such agreement shall be in writing, duly executed and shall be recorded in the real property records of,the Clexlc's Office of the Circuit Court for the County of Roanoke, Virginia. The abrogation, modification, rescission or amendment of this Agreement shall not require the joiner of any owner' of that portion of the H&R Property which has been residentially developed j. No Waiver. No provision of this Agreement i instrument signed by the Party to be charged with such wai, Agreement to enforce any provision of this Agreement shall provision, and no waiver by any party to this Agreement of an one occasion shall constitute a waiver of any; other provisi another occasion. k. Captions. included for convenience this Agreement. 1. Governing 4 accordance witlilhe; laws of m Entire Agre the final and complete ex obligations relating to the regarded as binding any whether oral or written exc ay,. be waived except by written ,r. `Failure by any Party to this not constitute a waiver of such provision of this Agreement on n or of the same provision on section and subsection captions used in this Agreement are and shall be irrelevant to the construction of any provision of The validity and effect of this Agreement shall be determined in t This Agreement and the exhibits attached hereto constitute ion of the Parties' agreements with respect to the rights and w. ment areas. Each Party agrees that it has not relied upon or agreements, negotiations, representations or understandings, expressly set forth herein. D. Recording This Agreement shall be recorded in the Roanoke County Circuit Court Clerk's Office upon execution hereof by the Parties. All costs relating to the recording of this Agreement shall be shared equally between the Parties. o. Mechanic's Liens. In no event shall any Party allow any mechanic's or materialmen's liens to attach against the other Party's Property for materials supplied or work performed at the request of, or for the benefit of, such Party. q. Zoning Amendments. Each Party agree to cooperate with the other in the event that any modifications to the conditions attached to the zoning of the Property are requested by ,:l the other Party and agrees to execute such applications and amended proffer statements that may reasonably be requested. IN WITNESS WHEREOF the Parties have executed the Agreement as of the date first set forth above. STATE.0 CITY I C+ FRALIN & WALDRON COMMERCIAL RENTAL LIMITED PARTNERSHIP, a Virginia limited partnership By: F&W Management Corporation, a Virginia corporation, General Partner By Its: ANOKE H&RRE, LLLP, i.rginia limited liability.limited partnership Q >: es of America, Inc., )ration, General Partner The foregoing instrument was acknowledged before me this day of 2016, by as of F&W Management Coiporation, a Virginia corporation, General Partner of Fralin & Waldron Commercial Rental Limited Partnership, a Virginia limited partnership, on behalf of said limited partnership. Commission Expires: Registration Number: Notary Public 7 STATE OF ) ss: CITY / COUNTY OF The foregoing instrument was acknowledged , 2016, by Medical Facilities of America, Inc., a Virginia corporation, Re, LLLP, a Virginia limited liability limited partnership, limited partnership. Commission Expires: Registration Number: Notary Public 8 before me this day of , as of GeneralPartner of Roanoke H&R on behalf of said limited liability EXHIBIT A PARKING EASEMENT AREA EXHIBIT B NEW SIGN EASEMENT AREA 10 EXHIBIT B wm7—MNlm®11V64'1[YW UW6ZYNrMWIIXONM[)a ViNIDIIIA`HIONVOH - os=.[ rA9 Y, sw4e-U, S9ps1 =xve Gmz Y09'O'd Stf_3NN[1Vr�'7dT��S7ifO�}A3{A[NtI�lS■-TSet198SeNr,I��RJNr�y - [l4Y'9FC atwl NONd NK'3nMAY NOL31UKOE y994 "� j�I©J"J Y NRCI7"Y 1[n 1 � 5 3w EXHIBIT C AT A REGULAR MEETING OF THE: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, ON TUESDAY, SEPTEMBER. 25, 2107 ORDINANCE 092507-4 TO REZONE 15.67 ACRES FROM C 11C, OFFICE DISTRICT WITH CONDITIONS, TO PTD, PLANNED TECHNOLOGY DEVELOPMENT DISTRICT, FOR THE OPERATION OF AN OFFICE AND ASSEMBLY OF TECHNOLOGICAL/ ENGINEERED PRODUCTS LOCATED AT 1325 ELECTRIC ROAD (TAX MAP NOS. 67.00-1-2; 2.1; 67.00-1-3.1), WINDSOR HILLS MAGISTERIAL DISTRICT UPON THE PETITION OF FRAILIN WALDRON COMMERCIAL RENTAL WHEREAS, the first. reading of this ordinance was held on August 28, 2007, and the second reading and public hearing were held September 25, 2007; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 4, 2007; and WHEREAS, legal notice and advertisement has been provided as required by laver. 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 15.67 acres, as described herein, and located at 1 825 Electric Road (Tax Map Numbers 67.00--1 - 2 2.1; 0`x.00-1-3.1) in the. Windsor Hills Magisterial District, is hereby changed from the zoning classification of G --`l C, Office District with Conditions, to the zoning classification of PTD, Planned Technology Development District. 2, That this action is taken upon the application of Fraiin & Waldron Commercial Rental. 3: That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts:. (1) The subject property will be in substantial conformity with the Concept Site Plan prepared by Hughes Associates Architects under the date of August 16, 2007. (2) The design and elevation will be in substantial conformity with the Elevation Plan prepared by Hughes Associates Architects under date of August 16, 2007: (3) The new structure will be started within three (3) years and will be complete within forty --eight (48) months from rezoning. (4) The use of the property shall be limited to the following uses: a. C-1 Office District uses per Section 30-53 of the Roanoke County Zoning Ordinance. b. Industry, Type 1 as defined in Section 30-25.6 of the Roanoke County Zoning Ordinance, but including only assembly of electrical appliances. (5) The Industry, Type 1 used as defined above shall be limited to 25% of the gross building floor area of the site. (6) Any new signs shall be monument style, not to exceed 10 feet in height, and shall match the colors and materials of the existing monument sign at 1325 Electric Road. (7) Any new freestanding light poles shall not exceed 14 feet in height. (8) New landscaping in the western buffer yard as specified on the August 16, 2007 concept plan shall meet the following standards at planting: Evergreen trees: minimum; 2" caliper. Evergreen shrubs: minimum 36" in height_ 4. That said real estate is more fully described as follows: 15.67 acres Parcel 1 —Tax Map No. 67.00-1-2 containing 11.80 acres Parcel 2 — Tax Map No. 67.00-1 �2.1 containing 1.78 acres Parcel 3 Tax Map No 67.00-1-3.1 containing 2 acres 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage, All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Mora, McNamara NAYS: None A COPY TESTS: Wanda O. Riley, CPS Clerk to the Board of Supervisors CC' Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning John Murphy, Zoning Administrator Paul Mahoney, County Attorney Billy Driver, Director, Real Estate Valuation I 05TERH000T,FERGOSON t4ATT, AHCRON & AGEE ATTORNEYS -AT -LAW ROANOKE, VIRGINIA 40IR-1699 .21 VIRGINIA: BEFORE THE -BOARD -OF COUNTY SUPERVISORS OF ROANOKE COUNTY IN RE: FINAL 913RRR A 2.5 acre parcel of land, generally ) located as a portion of and adjacent j to the rear (west) property line of the) Atlantic Cos. tract, within the Windsor) Hills Magisterial District, and ) recorded as Parcel 467,00--1-2 in the Roanoke County Tax Records ) TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY: WHEREAS, your Petitioner, FRALIN AND WALDRON, INC., did petition the Board of County Supervisors to rezone the above -referenced parcel of land from R -I, Single Family Residential District to B -I, Office District, for the purpose of an accessory parking area. WHEREAS, after due legal not ice, the Planning Cofwiission did hold a public hearing of the petition on December 1, 1987, at which time, all parties in interest were given an opportunity to be heard, and WHEREAS, after ful I consideration, the Board of County Supervisors determined that the rezoning be approved with the proffered conditions. NOW, THEREFORE BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Maps as Parcel $7.00-1-2 and legally described below, be rezoned from R-1, Single Fami iy Residential District to B-7, Office District. 7 GTERHDUQT, FCRGEFBON NATT. AHIM&ALft ATTORNEYS•AT-LA'N Rf)ANUKE, VIRGINIA 4018.1545 % -.2 ,1;� -7 — & A 2.5 acre parcel of land, generally located as a portion of and adjacent to the rear (west) property I ine of the Atlantic Cos. tract, within the Windsor Hills Magisterial District, and recorded as Parcel #67.00-- 1 --2 in the Roanoke County Tax Records with the following conditions: ( I ) Area to be uti I ized for surface vehicular parking only. ( 2 ) No entrance from the proposed parking area directly to Keagy Road. (3) No signage on property. (4) Lighting will be directed inward on poles not to exceed fourteen (14) feet in height. (5) Petitioner will use type B screening along i the property line and Keagy Road. BE IT FURTHER RESOLVED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the Official Zoning Map of Roanoke County. ADOPTED on motion of Supervisor_ Garret _ _ m -v --- � seconded by Supervisor _Brittle_-- --.--t and upon the following recorded vote: AYES: Suloervisors Brittle, Garrett, McCraw, Nickens, Johnson NAYES: None ABSENT: None Deputy Clerk, �Roanoke�County Board of Supervisors rl.el2c.c. cc: Rob Stalzer, Director of Planning Arnold Covey, Development Review Director John Willey, Real Estate Assessor 8 ;21 ` -7- fir' VIRGINIA: BEFORE THE BOARD OF COUNTY SUPERVISORS OF ROANOKE COUNTY IN RE: ) PROFFER OF A 2.5 acre parcel of land, generally j located as a portion of and adjacent ) to the rear (west) property line of the) Atlantic Cos. tract, within the Windsor) Hills Magisterial District, and ) recorded as Parcel 967.00-1-2 in the ) Roanoke County Tax Records. ) TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY: Being in accord with Sec. 15.1-491.1 et seq. of the Code of Virginia and Sec, 2 1-1 05 of the Roanoke County ti I� Zoning Ordinance, the Petitioner, Fralin and Waldron, Inc., hereby voluntari ly proffers to the Board of Supervisors of f� Roanoke County, Virginia, the following conditions to the CD rezoning of the above -referenced parcel of land. CD (I) Area to be utilized for surface vehicular parking only. {2) No entrance from the proposed parking area t directly to Keagy Road. (3) No signage on property. (4) Lighting will be directed inward on poles not to exceed fourteen (14) feet in height. (S) Petitioner wi I I use type B screening along the property line and Keagy Road. Respectfully submitted, UT£RIAOIJOT, FERGUSON HATT, AHEfiok s ArEE FML I N AND WALDRON, INC. ATTORNEYS -AT -LAW ROANOKE, VIRGINIA 241118.1699 (� J Of Co I EXHIBIT D Tax Map No. Address Owner TM 067.00-01-02.01-0000 1325 Electric Road Fralin & Waldron Commercial Rental Limited Partnership TM# 067.00-01-02.00-0000 1325 Electric Road Fralin & Waldron Commercial Rental Limited Partnership TM 067.00-01-03.01-0000 0 Electric Road Fralin & Waldron Commercial Rental Limited Partnership TM# 067.00-01-03.00-0000 4022 Keagy Road Angela M. Rock Jean C. Elliott TM# 067.00-01-04.00-0000 4032 Keagy Road Alon P. Winnie Julie M. Perdue TM# 067.00=01-05.00-0000 4046 Keagy Road Kathy H. Bauman Scott W. Bauman TM# 067.00-01-06.00-0000 4058 Keagy Road Alon P. Winnie Windsor Hills Magisterial District Roanoke County Applicants Names: Roanoke H&R RE, LLLP Fralin & Waldron Commercial Rental Limited Partnership PROFFERS The undersigned owners and applicants do hereby proffer the following conditions in conjunction with the rezoning request and in replacement of the conditions currently imposed on the three parcels listed above owned by Fralin & Waldron Commercial Rental Limited Partnership (Ordinance 092507-4 and 1287-6): 1. The subject property will be developed in general conformity with the Concept Plan prepared by Lumsden Associates, P.C. under date of July 13, 2016, subject to those changes which may be required by Roanoke County during comprehensive site plan review. 2. The design and elevations of the proposed nursing home (Roanoke Health & Rehabilitation Center) will be in general conformity with the Elevation Plan prepared by Jones and Jones Associates under date of July 21 , 2016. 3. The uses of the property shall be limited to the following: (a) Nursing home use; (b) Life care facility use; (c) The following R-1 Low Density Residential District uses Single Family Dwelling, Detached Home Occupation, Type I Accessory Apartment; and (d) The following C-1 Low Intensity Commercial District uses. Office Uses General Office Medical Office Financial Institutions Laboratories Civic Uses Administrative Service Clubs Cultural Services Day Care Center Educational Facilities, College/University Educational Facilities, Primary/Secondary Guidance Services Park and Ride Facility Post Office Public Parks and Recreational Areas Safety Services Utility Services, Minor Commercial Uses Agricultural Services Antique Shops Bed and Breakfast Business Support Services Business or Trade Schools Communications Services Consumer Repair Services Personal Improvement Services Personal Services Studio, Fine Arts Veterinary Hospital/Clinic Miscellaneous Uses Amateur Radio Tower Parking Facility 4. Any new signs shall be monument style, not to exceed 10 feet in height, and shall match the colors and materials of the existing monument sign at 1325 Electric Road. 5. Any new freestanding light poles shall not exceed 18 feet in height. 6. In the area delineated on the Concept Plan as "Buffer Maintenance Area", a vegetative buffer of approximately eighty (80') feet in depth shall be established. This area is vegetated with a stand of mature deciduous and evergreen trees and is intended to be kept in its natural state. However, existing trees in this area which have a caliper twenty-four (24") inches or greater at five (5) feet above ground level and are located within thirty (30') feet of adjoining 2 residential properties shall be replaced upon their death unless the Zoning Administrator determines that a replacement tree is not likely to thrive due to existing conditions. Replacement trees shall be in accordance with Section 30-92-5(E)(3) of the Roanoke County Zoning Ordinance and Section 2.5 of the Roanoke County Design Handbook (2091 Edition). Dated this 22 day of July, 2016. Respectfully submitted, Applicant and Contract Purchaser ROANOKE H&R RE, LLLP By: Medical Facilities of America, Inc. Its: General Partner / By: William H. ral , Jr. Its: President and CEO Applicant and Owner FRALIN & WALDRON COMMERCIAL RENTAL LIMITED PARTNERSHIP By: F & W M Its: Gen .4mentCo7ion r B: Y He ood Fralin Its: Senior Vice President Additional Owners (see following pages) 3 Angela W`446ck and Jean C. Elliott, owners of TM# 067.00-01-03.00-0000, which is subject to this Re2fot ing Application, hereby consent to this Rezoning Application and agree to be bound by the conditions that are proffered herein. Angela . Rock � � r Jean 0., Mott 0 Alon P. Winnie and Julie M. Perdue, owners of TM# 067.00-01-04.00-0000, which is subject to this Rezoning Application, hereby consent to this Rezoning Application and agree to be bound by the conditions that are proffered herein. r 5 Kathy H. Baumvin and 'Scow W. 6 -flu pan, owners of TM# 067.00-01-05.00-0000, subject to this RGroning Application, hereby consent to this Rozoning Application and hIU J%JUnd �sy the cond€tons that are prones which is agree to q r� $ `W. B aurnan 9 Ailon P. 'Minnie, owner of TM## 067.00-01-06.00-0000, which is subject to this petition, hereby consent to this Rezoning Application and agree to be bound by the conditions that are proffered herein. Alon P. Winnie 7 EXHIBIT E V, KIRK LLIMSDI EN, L.S. B, LEE HENDERSON, ]R., Y.E., L.S. P.C.THOMAS C. DALE, RE, LUNISDEN ASSOCIATES, PTIMOTHY LIOEL'GLE,L.S. LARENGINEERS-SURVEYORS-PLANNERS ARD P.B.OGESS,11,L.S. HOWARD P. BOtEGESS, Il, L.A. ANDREW P. LUMSDEN, P.E. 4664 BRAMBLETON AVENUE, SW - P.O. BOX 20669 - ROANOKE, VA 24018 - PHONE (540) 774-4411 - FAX (540) 772-9445 - EMAIL MAIL@LUMSDENPC,COM The following is a Legal Description encompasses seven (7) Roanoke County Tax Parcels #067.00-01-02.00, #067,00-01-02.01, #067.00-01-03.00, #067-00-01-03.01, #067.00-01-04.00, 9067.00-01-05.00 and 9067.00-01-06.00, containing 22,5933 acres for the purpose of rezoning, more particularly described as follows; Beginning at a point at the southwesterly intersection of Keagy Road and Electric Road (Route #419), being the northeast corner of Tax Parcel #067.00-01-02 and lying on the westerly right- of-way of the said Electric Road, the POINT OF BEGINNING of the hereon described 22.5933 acres; thence leaving the said southwesterly intersection of Keagy Road and Electric Road with the said westerly right-of-way of the said Electric Road, S 08° 09' 18" W, a distance of 996.64 feet to a point, being the common corner with Tax Parcel #067.10-01-05.00 and referenced by an existing VDOT monument which bears S 14° 32' 37" W, a distance of 0.56 feet; thence leaving the said westerly right-of-way of the said Electric Road and with the common line of the said Tax Parcel #067.10-01-05,00, the following four (4) courses; N 70° 08' 56" W, a distance of 38.86 feet to a point; thence N 08° 07' 06" W, a distance of 20.15 feet to a point; thence N 59° 22' 56" W, a distance of 296.28 feet to a point; thence S 04° 27' 39" E, passing a existing iron pin (bent) at 96,47 feet, in all a total distance of 97.04 feet to a point, being the common corner with Tax Parcels #067.10-01-06.00 and 967.10-01-04.00; thence leaving the said Tax Parcels 4067.10-01-05.00 and #067.10-01-06.00 and with the said Tax Parcel #067.10-01-04.00, N 72° 59' 32" W, a distance of 73.67 feet to a point; thence N 86° 10' 56" W, a distance of 202.72 feet to a point, being to northwesterly corner of Tax Parcel 4067.10-01-03,00; thence leaving the said Tax Parcel #067.10-01-03.00, N 86° 28' 36" W, passing an existing iron pin at a distance of 5.49 feet, in all a total distance of 56.53 feet to a set iron pin, being the common corner of the said Tax Parcel #067.00-01-02.00 and Tax Parcel #067.00-01-03.01; thence leaving the said "fax Parcel #067.00-01-02.00 and with the said common line of Tax Parcel #067.00-01-03.01, N 86° 1.5' 41" W, passing a set iron pin at a distance of 142.46, being the common corner of the said Tax Parcel #067.00-01-03.01 and Tax Parcel #067-00-01-03.00, passing an existing iron pin at a distance of 16293 feet, 0.42 feet left of the common line, passing an existing iron pin at a distance of 244.22 feet, 0.30 feet left of the common line, referencing the common corner of the said Tax Parcel 4067.00-01-03.01 and Tax Parcel #067.00-01-04.00 and passing a set iron pin at a distance of 488.61, being the common corner of the said Tax Parcel 4067.00-01-04.00 and Tax Parcel #067.00-01-06.00, in all a total distance of 496.58 feet to an existing iron pin, being the common corner of the said Tax Parcel #067.00-01- 06.00 and the easterly right-of-way of McVitty Road, lying on the northerly boundary of Tax Parcel #067.10-01-01.00; thence leaving the said northerly boundary Tax Parcel #067.10-01-01.00 and with the said common line of Tax Parcel #067.00-01-06.00 and the easterly right-of-way of McVitty Road, the following five (5) courses; N 48° 21' 08" W, a distance of 137.89 feet to an existing iron pin; thence N 55° 23' 38" W, passing an existing iron pin at a distance of 173.55 feet, in all a total distance of 236.80 feet to a set iron pin; thence 141.56 feet along the are of a curve to the right, having a radius of 110.00 feet, a delta angle of 73° 44'00", and whose chord bears N 18° 31' 38" W, a distance of 131.99 feet to an existing iron pin; thence N 18° 20' 22" E, a distance of 101.40 feet to a set iron pin; thence 56.78 feet along the are of a curve to the right, having a radius of 50.00 feet, a delta angle of 65° 04'05 ", and whose chord bears N 50° 52' 22" E, a distance of 53.78 feet to a set iron pin, being the common corner of the said Tax Parcel #067.00-01-06.00, the easterly right-of-way of McVitty Road and the southerly right-of-way of the said Keagy Road; thence leaving the said easterly right-of-way of McVitty Road and with the said common line of Tax Parcel 9067.00-01-06.00 and the said southerly right-of-way of Kcagy Road, N 83° 24' 22" E a distance of 95.42 feet to a set iron pin, being the common corner of the said Tax Parcel #067.00-01-06.00 and Tax Parcel #067.00-01-05.00; thence leaving the said Tax Parcel #067.00-01-06.00 and with the said common line of the said Tax Parcel #067.00-01-05.00 and the southerly right-of-way of Keagy Road, N 83° 24' 22" E, a distance of 121.63 feet to a set iron pin, being the common corner of the said Tax Parcel #067.00-01-05.00 and the southerly right-of-way of Kcagy Road, lying on the westerly boundary of the said Tax Parcel #067.00-01-04.00; thence leaving the said Tax Parcel #067.00-01-05.00 and with the said Tax Parcel #067.00-01- 04.00, N 060 35' 38" W, passing an existing iron pin at 7.47 feet, in all a total distance of 25.49 feet to a point in the center of the said Keagy Road; thence with the said center of Keagy Road, the following three (3) courses; N 82° 48' 22" E, a distance of 100.00 feet to a point; thence N 80° 10' 22" E, a distance of 100.00 feet to a point; thence N 75° 40' 22" E, a distance of 41.23 feet to a point, lying on the easterly boundary of the said Tax Parcel #067.00-01-04.00; thence leaving the center of Keagy Road and with said easterly boundary of Tax Parcel 4067.00- 01-04.00, S 06° 35' 38" E a distance of 25.05 feet, being the corner of the said Tax Parcel #067.00-01-03.00 and the southerly right-of-way of Keagy Road, referenced by an existing iron pin which bears S 061 36' 51" E, a distance of 1.90 feet; thence leaving the said easterly boundary of Tax Parcel 4067.00-01-04.00 and with the said common line of Tax Parcel #067.00-01-03.00 and the southerly right-of-way of Keagy Road, N 75° 19' 38" E a distance of 101.00 feet to a point, being the common corner of the said Tax Parcels #067.00-01-03.00 and #067.00-01-03.01, referenced by an existing it -on pin which bears S 66° 39' 39" W, a distance of 1.90 feet; thence leaving the said Tax Parcel #067.00-01-03.00 and with the said common line of Tax Parcel #067.00-01-03.01 and the southerly right-of-way of Keagy Road, the following two (2) courses; N 74° 15' 22" E a distance of 65.21 feet to a set iron pin; thence N 71' 38' 52" E, a distance of 77.24 feet to a set iron pin, being the common corner of the said Tax Parcels #067.00-01-03.00 and 4067.00-01-02.00; thence leaving the said Tax Parcel #067.00-01-03 and the said common line of Tax Parcel #067.00-01-02.00 and the southerly right-of-way ofKeagy Road, the following six (6) N 71° 42' 04" E a distance of 148.47 feet to a point; thence N 71° 12' 16" E, a distance of 344.89 feet to a point, reference by an existing iron pin with cap which bears S 48° 53' 26" E, a distance of 1.33 feet; thence N 63° 32' 54" E, a distance of 142.15 feet to a point; thence N 70° 16' 33" E, a distance of 116.48 feet to a point; thence N 77° 56' 50" E, a distance of 80.95 feet to a point; thence S 37° 33' 42" E, a distance of 79.63 feet to a point, the POINT OF BEGINNING, containing 22.5933 acres or 984,165 square feet. EXHIBIT F ADJOINING PROPERTY OWNERS Roanoke County Tax Parcels: 067.00-01-02.01-0000 067.00-01-02.00-0000 067.00-01-03.01-0000 067.00-01-03.00-0000 067.00-01-04.00-0000 067.00-01-05.00-0000 067.00-01-06.00-0000 (ROANOKE COUNTY PARCELS) TAX MAP NO. OWNERS 1 ADDRESS ZONING 067.00-01-08.00-0000 Eugene H. Grim Carol T. Grim 4106 Keagy Road Salem, Virginia 24153 R1 067.00-01-07.01-0000 Ronald N. Lundy Judith L. Lundy 5319 McVitty Road Roanoke, Virginia 24018 R1 067.00-01-07.02-0000 J. Carl Poindexter, Jr. Martha L. Poindexter 2018 Electric Road, ##260 Roanoke, Virginia 24018 R1 067.00-01-07.03-0000 Jeffrey Alan Stone Julie Lynn Stone 5345 McVitty Road Roanoke, Virginia 24018 R1 067.10-01-01.00-0000 George Russell Hurst 5332 McVitty Road Roanoke, Virginia 24018 R1 067.10-01-02.00-0000 Susan N. Conner 5465 Wynne Road, S.W. Roanoke, Virginia 24018 R1 067.10.01-03.00-0000 OWNER NOT LISTED ON COUNTY GIS 5451 Lonsdale Road Roanoke, Virginia 24018 R1 067.10-01-04.00-0000 Jeffrey W. Reynolds 5455 Lonsdale Road Roanoke, Virginia 24018 R1 ...................... . TAX MAP NO. 067.10-01-05.00-0000 Barbara Ann Ramey Church R1 Roger Lee Church 5463 Lonsdale Road Roanoke, Virginia 24018 (ROANOKE CITY PARCELS) TAX MAP NO, OWNERS 1 ADDRESS ZONING 5130123 Valley Bank Finance Dept, 3980 Premier Drive, Suite 210 High Point, North Carolina 27265 CN 5130119 Village of the Crest Property Owners 4519 Brambleton Avenue, Suite 200 Roanoke, Virginia 24018 MXPUD 5130125 Parvin Pejman 1303 Keagy Lane Roanoke, Virginia 24018 MXPUD 5130126 Malcolm Shawn Bumbalough 1307 Keagy Lane, S.W. Roanoke, Virginia 24018 MXPUD 5130127 Neita B. Kraus 1311 Keagy Lane, S.W. Roanoke, Virginia 24018 MXPUD 5130128 Frank J. Plecity 1315 Keagy Lane, S.W. Roanoke, Virginia 24018 MXPUD 5130101 Grace H. Burton, Trustee Grace B. Taylor 3050 McVitty Forest Drive, Unit 103 Roanoke, Virginia 24018 R-12 (CITY OF SALEM PARCELS) TAX MAP NO. OWNERS 1 ADDRESS ZONING 301-2-5 Nancy Brice Turner 2500 Keagy Road Salem, Virginia 24153 RSF 2 TAX MAP NO. OWNERS 1 ADDRESS ZONING 301-2-6 Larado Robinson 2508 Keagy Road Salem, Virginia 24153 RSF 301-2-7 Harold E. Collier, Jr. 2516 Keagy Road Salem, Virginia 24153 RSF 301-2-8 Toni A. Aust Living Trust 2524 Keagy Road Salem, Virginia 24153 RSF 301-2-9 Charles L. Failis Betty M. Fallis 2532 Keagy Road Salem, Virginia 24153 RSF 301-2-10 Kenneth W. Stuart Susan S. Stuart 2540 Keagy Road Salem, Virginia 24153 RSF 302-1-1 George F. Craft, Life Estate Inez H. Craft, Life Estate 2548 Keagy Road Salem, Virginia 24153 RSF 302-1-2 George F. Craft, Life Estate Inez H. Craft, Life Estate 2556 Keagy Road Salem, Virginia 24153 RSF 284-1-2.4 Notting Hill LLC 2800 Keagy Road Salem, Vir inia 25153 HBD 284-1-2.6 Core Hospitality LLC 2898 Keagy Road Salem, Virginia 24153 HBD 284-1.2.2 Wood Salem Center LLC 1923 Electric Road Salem, Virginia 24153 HBD 284-1-2.1 Strauss Properties LLC 2929 Keagy Road Salem, Virginia 24153 RB TAX MAP NO. OWNERS ! ADDRESS ZONING 283-2-1 Lewis-Gale Medical Center LLC HBD 1900 Electric Road Salem, Virginia 24153 EXHIBIT G MCI S.LMa.LIHM[!H � �irl�lI D'MA ` �LINCI0D H I�r� aCn7, �R,_IV r'7.7�71�1O,��'�7l. V�lr��g I i_ ._ oun F- ❑el S1o311Hmli1w uo■ 1 EXHIBIT H TRAFFIC SUMMARY FOR PLANNED TECHNOLOGY DISTRICT (PTD) Tax Nos. 67.00-01-02, 67.00-01-02.011 67.00-01-03, 67.00-01-03.01, 67.00-01-04, 67.00-01-05 and 67.00-01-06 ROANOKE COUNTY, VIRGINIA PREPARED FOR Roanoke H&R RE, LLLP DATE: July 12, 2016 COMM. #2014-211 I LUMSDEN ASSOCIATES, P.C. -1 ENGINEERS -SURVEYORS -PLANNERS __-' ROANOKE, VIRGINIA TRAFFIC SUMMARY ROANOKE HEALTH & REHABILITATION CENTER The 2007 Rezoning application for the establishment of the subject PTD included a "Traffic Summary for 1325 Electric Road (Route 419)" as provided by Hughes Associates. The following analysis and summary reflects the elimination of the Industrial use proposed in 2007 and the addition of the Nursing Home use currently proposed. The current conditions include two existing office buildings totaling 141,141sf gross floor areas. Two tenants occupy the offices, TMEIC Corporation with approximately 300 employees, and MFX Company with approximately 50 employees. TMEIC works with customers around the world, and has staff working at all hours of the day, suggesting that the full employee base does not adhere to typical shift times. The existing entrances to the TMEICIMFX facilities include two along Keagy Road and one right -in, right -out entrance along Electric Road. From the Hughes Associates summary: The entrance on Electric Road is approximately 930' south of the signalized intersection of Keagy and Electric Roads and is restricted to right -in and right -out movements by the raised median on Electric Road. The other two entrances are along Keagy Road and are approximately 600' and 840' west of the signalized intersection of Keagy and Electric Roads. All three entrances are a minimum of 30' wide at their narrowest point and will accommodate larger truck traffic. All entrances appear to have adequate sight distances to meet current standards. Electric Road is a north/south four -lane primary roadway connecting Interstate 81 and Route 220. The posted speed limit for the portion of Electric Road adjoining the project site is 45 mph. Keagy Road is a two- lane secondary roadway, which loops around and connects at both ends to Electric Road. The northern connection point is near the intersection of Roanoke City, Roanoke County, and the City of Salem. This is the portion of Keagy Road that adjoins the project site. The posted speed limit for this portion of Keagy Road is 25 mph. There are no significant road improvements programmed in the general vicinity of this development. The 2015 AAWDT (Annual Average Weekday Daily Traffic) volume for the subject portion of Electric Road is reported as 28,000, a K factor of 0.095 and a Directional factor of 0.584. The reported data for the subject portion of Keagy Road is dated 0210712013, with an AADT of 3,700, and without a K factor or Directional factor. t Information taken from Hughes Associates "Traffic Summary for 1325 Electric Road (Route 419)" Lumsden Associates, P.C. Roanoke health & Rehabilitation Center Medical facilities of America, Inc. This analysis utilizes the 2015 VDOT Daily Traffic Volume Estimates Jurisdiction Report 80, Roanoke County, as the source for AADT. The ITE Trip Generation Manual, 91h Edition, is the source for Average Vehicle Trip Ends, using Land Use (620) Nursing Home and Land Use (710) General Office. ANALYSIS Trip Generation from ITE Trip Generatio_n__L9t'' Edition Land Use (620) Nursing Home Maximum number of proposed beds: 180 Trip Generation vs Bed — Weekday: using fitted curve equation [T=3.49(X)-89.09], T = 539 VPD Directional Distribution: 50% Entering, 50% Exiting Trip Generation vs Bed — Weekday, A.M. Peak Hour Average Rate: using fitted curve equation [T=0.29(X)-15.57], T = 37 VPH Directional Distribution: 69% VPH Entering x T = 26 VPH 31 % VPH Exiting x T = 11 VPH Trip Generation vs Bed — Weekday, P.M. Peak Hour Average Rate: using fitted curve equation [T=0.56(X)-22.53], T = 78 VPH Directional Distribution: 40% VPH Entering x T = 31 VPH 60% VPH Exiting x T = 47 VPH Land Use (710) General Office Existing building size: 141,141 sf, Existing number of employees (TMEIC and MFX): 350 Trip Generation vs Employees — Weekday: using fitted curve equation [Ln(T)=0.84Ln(X)+2.23], T = 1,276 VPD Directional Distribution: 50% Entering, 50% Exiting Trip Generation vs Employees — Weekday, A.M. Peak Hour Average Rate: using fitted curve equation [Ln(T)=0.86Ln(X)+0.24], T = 196 VPH Directional Distribution: 88% VPH Entering x T = 172 VPH 12% VPH Exiting x T = 24 VPH Trip Generation vs Employees — Weekday, P.M. Peak Hour Average Rate: using fitted curve equation [T=0.37(X)+60.08], T = 190 VPH Directional Distribution: 17% VPH Entering x T = 32 VPH 83% VPH Exiting x T = 158 VPH Lumsden Associates, P.C. Roanoke Health & Rehabilitation Center Medical Facilities of America, Inc. Trip Generation vs 1,000 sf — Weekday: using fitted curve equation [Ln(T)=0.76Ln(X)+3.68], T = 1,706 VPD Directional Distribution: 50% Entering, 50% Exiting Trip Generation vs 1,000 sf — Weekday, A.M. Peak Hour Average Rate: using fitted curve equation [Ln(T)=0.80Ln(X)+1.57], T = 252 VPH Directional Distribution: 88% VPH Entering x T = 222 VPH 12% VPH Exiting x T = 30 VPH Trip Generation vs 1,000 sf — Weekday, P.M. Peak Hour Average Rate: using fitted curve equation [T=1.12(X)+78.45], T = 237 VPH Directional Distribution: 17% VPH Entering x T = 40 VPN 83% VPH Exiting x T = 197 VPH Historical References Atlantic Mutual Company use, prior to 2007 Number of employees: 600 Trip Generation vs Employees — Weekday: using fitted curve equation [Ln(T)=0.84Ln(X)+2.23], T = 2,005 VPD Directional Distribution: 50% Entering, 50% Exiting 2007 Rezoning, MFX Company and TMEIC Number of employees, at 2007 staffing level: 410 Trip Generation vs Employees -- Weekday: using fitted curve equation [Ln(T)=0.84Ln(X)+2.23], T = 1,456 VPD Directional Distribution: 50% Entering, 50% Exiting 2007 Rezoning, MFX Company and TMEIC Number of employees, at (then) anticipated future staffing level: 450 Trip Generation vs Employees — Weekday: using fitted curve equation [Ln(T)=0.84Ln(X)+2.23], T = 1,575 VPD Directional Distribution: 50% Entering, 50% Exiting Keagy Road Traffic Volume from VDOT 2015 AADT Report From Walton Lane to Electric Road, AADT = 3,700 Electric Road Traffic Volume from VDOT 2015 AADT Report From Brambleton Avenue to Salem City Limits, AADT = 26,000, AAWDT = 28,000 Lumsden Associates, P.C. Roanoke Health & Rehabilitation Center Medical Facilities of America, Inc. Historical Traffic Volume datat The 2005 published traffic counts for Electric Road indicate approximately 32,000 Annual Average Weekday Daily Traffic (AAWDT) with a K -f actor (% of peak hourly traffic) of 0.088 and a travel directional factor of 52%. The 2005 published traffic counts for Keagy Road indicate approximately 4,000 AADT with no K -f actor or directional factor provided. t Information taken from Hughes Associates "Traffic Summary for 1325 Electric Road (Route 419)" ASSESSMENT As a means of assessing the potential impacts, the calculated traffic volumes for previous and proposed scenarios are as follows: Calculated traffic volume generated by Atlantic Mutual (pre -2007 rezoning): 2,005 VPD Calculated traffic volume generated per the 2007 Rezoning: 1,575 VPD Calculated traffic volume generated by current uses and proposed Nursing Home: 1,814 VPD Calculated traffic volume generated by potential maximum General Office use (based on gross square footage) and proposed Nursing Home: 2,245 VPD The addition of the proposed Nursing Home use results in an increase of 239 vehicle trip ends above the volume anticipated by the 2007 rezoning. The volume is 191 vehicle trip ends fewer than the volume calculated for the Atlantic Companies use, however. Note that the largest volumes of Nursing Home traffic will be "off-peak" due to shift schedules of 7am to Spm, 3pm to 11 pm and 11 pm to 7am. This will mitigate the impacts of an increase in overall volume. In a "maximum occupancy" scenario where trip ends for the General Office use are calculated by gross square footage, the vehicle trip ends exceed the Atlantic Companies volume by 240 trips. However, considering the off-peak nature of the Nursing Home traffic, as well as some percentage of the TMEIC volume being off-peak due to their international clientele, the result would be similar to conditions that existed prior to the 2007 rezoning. It is also noteworthy that traffic volumes on both Electric Road and Keagy Road have dropped over the past 10 years, further minimizing the overall impact of this proposed change. Lumsden Associates, P.C. Roanoke Health & Rehabilitation Center Medical Facilities of America, Inc. EXHIBIT I SALEM WATER DFPAIUM FNT June 21, 2016 Roanoke H & R Re, LLLP c/o Bruce H. Hedrick Medical Facilities of America, Inc. 2917 Penn Forest Blvd. P.O. Box 29600 Roanoke, VA 24018 Re: Proposal for up to 180 bed Skilled Nursing Facility on Keagy Road Roanoke County, Tax Parcels: 067.00-01-06.00-0000 (4058 Keagy Road) 067.00-01-05.00-0000 (4046 Keagy Road) 067.00-01-04.00-0000 (4032 Keagy Road) 067.00-01-03.00-0000 (4022 Keagy Road) 067.00-01-03.01-0000 (no address assigned) Dear Mr. Hedrick, This letter serves as verification that water service is available at the aforementioned parcels in Roanoke County and is of adequate capacity for domestic service for a skilled nursing facility. Fire flow testing would have to be performed to verify fire flow capabilities. Sewer service is possible but may require an extension of the sewer from Electric Road at an extra cost. Easements may also be necessary. We provide service to this area of Roanoke for the Water Authority and will be able to furnish water and sewer to this location subject to review of your building plans and customary and standard agreements, permits, easements and payment of applicable fees, as necessary, Please let me know if you have any questions. Sincerely, Salem Water Department Larado Robinson, P.E. Director - Salem Water Department CC: Andy Trail SALEM WATER DEPARTMENT P.O. Box 869.13oo TIDEWATER STREET • SALEM, VIRGINIA 2-4153 • (540) 375-3029 - FAx (540) 375-4043 water. salemva. gov CL � r. 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F.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: August 9, 2016 The petition of IYS XXII, L.C. to rezone approximately 8.46 acres from 1-1 S, Low Intensity Industrial, District with special use permit to C-2, High Intensity Commercial, District for the operation of guidance services and general office, located at 5673 Airport Road, Hollins Magisterial District. Philip Thompson Deputy Director of Planning Thomas C. Gates County Administrator Consent agenda item for first reading of an ordinance on an application to rezone property from 1-1 S to C-2. BACKGROUND: The first reading on this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for September 27, 2016. The title of this ordinance is as follows: 1. The petition of IYS XXII, L.C. to rezone approximately 8.46 acres from I-1 S, Low Intensity Industrial, District with special use permit to C-2, High Intensity Commercial, District for the operation of guidance services and general office, located at 5673 Airport Road, Hollins Magisterial District. Page 1 of 2 DISCUSSION: There is no discussion on this agenda item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this rezoning ordinance for the purpose of scheduling the second reading and public hearing for September 27, 2016. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 2, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Page 2 of 2 GENTRY LOCKS Attorneys July 22, 2016 VIA HAND DELIVERY Jonathan 0. Puvak puvak@gentrylocke.com P: (540) 983-9399 F: (540) 983-9400 Mr. Philip Thompson Deputy Director of Planning Roanoke County Department of Community Development - Planning & Zoning 5204 Bernard Drive, SW Roanoke, Virginia 24018 Re: Proposed Rezoning Application Application Letter and Justification Statement Tax Map Number 038.14-01-04.00-0000 Address: 5673 Airport Road (tile "Subject Property") Applicant: IYS XXII, L.C. Dear Mr. Thompson: On behalf of IYS XXII, L.C. (the "Applicant"), and in accordance with the policy of the County of Roanoke, I have enclosed one (1) paper set of the rezoning application package, consisting of the following: (1) A signed application for rezoning; (2) A narrative in support of the rezoning application; (3) A list of adjacent property owners; (4) Survey meeting the requirements of a concept plan; (5) Notice to Applicants for Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit Petition; (6) Legal description of Subject Property; and (7) Check No. 203728 in the amount of $1,233.00 for the rezoning application fee. 10 Franklin Road Sly, Suite 900 Roanoke, VA 24011 • PO Box 40013 Roanoke, VA 24022-0013 Toil Free,: 866,983,0866 27633/l/7646440v[ GENTRY LOCKS Mr. Philip Thompson July 22, 2016 Page 2 Please let me know if you have any questions regarding the enclosed application materials. 1 look forward to continuing to work with you and other representatives of the County of Roanoke on this application. Very truly yours, GENTRY LOCKE Jon than D. Puvak JDP:slc Enclosures cc: Maxwell H. Wiegard, Esq. 27633/in646440vl County,of Roanoke Community Development= P121tri g & Zoning 204 Bernard Drive+e P 0 Box 29800 Roanoke, VA 24018 (540) 77-2-2068 FAX (540) 776-71 55 R -Ir s#aff Jae d niv DatC reeCiv . Reeeived by: C Appticxiion cc: 1 PC atdale: I Qlla/-10ltQ i'irc4rcis isYled: 8 S ale' 1 CflSClt11311tea' �'� �. Check type of application filed (check all that apply) K Rezoming O Special Use C Varlance D Waia-ar E- Administrative Appeal D Ccinip Plan (SS.2-2232) IZ4 evieW Appliomiisnanieladdrzsswlzip ll,ac: 804) 61243322 !YS XXII la.O. stark: - — 5511 Staples Mull Road, Shite 102 Cell 9: Fa�'vo.: (8Q4 �- 8b 1323 Richmond--,-,�' is 23228 O nei s namelad€iress w./zip Phone 4: Same as Applicant work: - Fax \o. ±: w-- Property L; at on � Magisterial District: Hollins-- Road 56713 AirpFort Road - - ..._._...._ ... __. . Coiiiiiiic3irtc,Piauningarea: Peters Creek/Hollins Extiaa Lomat is_ g g: J1 "Fax MNa.: 0X IA -01--04.00 -004 Size ofpucel(s): acres: 8 . 46 —^ - - - Existingf_.aud Use: General office JZEZOa4' AG. St'EGIAI..VS&'PERAI-1"L; WAIr-Wz' AND APPLIGAt'1TS(RISf` fICP) Proposed Zoning: G2 P i:�posed Land Use: Guid&nce Seirvices%General Office Does the parcel lneet the niitiiirauln lot area, width. and frontage requirements of the requested district? Yes X NO IF NO, A VARIA-N-CF is REQi IRr-- D FIRS -r. Does the parcel meei the rtainimum criteria for file requested Use Type? Yes X leo IF NO, A VARIANCE IS REQC-IRED FIRST If repining request, are conditions being proffered %A--ith this request'? Yes No Yr1v4NCE'' Wr 1VF.8 ANDADAIIJ VrSTK4TIVE APPEAL APPLIC21-NTS Ij/1 AA) Variance/Waiver of Scation(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Adrninistratcres decision tc Appeal of Interpretation of Section(s):__ of the Roanoke County Zoning Ordinanec Appeal of interpretation of Toning N -lap to _ _-_— Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTER IF ANY OF THESE I lil�is ARE MISSING OR II+ COMPLE'r& `d/$ANUCP 87iAA Rr'S &ICP W4 k RISI4? I P VAA cousultation S 112" x i 1" concept plan - -�-: j Appticatiozi tie ApplicatisouL 1V;etes and hounds description _ Ptoffira, if'app€ieable 3rastiflc� tion . o-' Water and sevicr aflplieation Adjoiairg property ovrners I he bF° ser if} that 1 am cit icr the aw4zee of the pief*e'ts or the scner's a mt sir contra;et chaser and am acting with the knowledge and ca:i5eut f t2te.vavner. 2 Steti1'11-tfDe' &: 1 ,:PA=I USE3 -l€fl' 1VALI `ER ilk-ONVIII.-'tl,s ��.l�t'IlW: Applicant 'ArYS XXII L- C The Planning Commission will study rezoning, special use. permit waiver or community pian (15.2-2232) TOVieW regUests to determine the neer[ ard Justification for the change in terms of public: health, safety, and general "velfare. Please answer the fo€low €t€g questions as thoroughly as possible. Use additional space if necessary. Please explain hots the request fart hers the purposes of the Roanoke County Ordinance as -well as the purpose found at be,girtning of the applicable zoning district classification in the Zoning Ordinance, See Attached Narrative Please explain nota the project ennforrns to the gencral guidelines and policies contained in the Roanoke County Community Plant. See Attached Narrative Please describe the impact{s) of tl:e r—equest on the property itself, the adjoining properties: and the surrounding riding area, as well as the impacts an public services and facilities, including waterisewer, roads, schools, parks/recreation and fire and rescue. See Attacked Narrative 3 �? GENTRY LOCKE — Attorneys July 22, 2016 By Hand Delivery Mr. Philip Thompson Deputy Director of Planning Roanoke County Planning and Zoning 5204 Bernard Drive, Second Floor Roanoke, Virginia 24018 Re: Proposed Rezoning Application 5673 Airport Road Tax Map No: 038.14-01-04.00-0000 Applicant/Property Owner: IYS XXII L.C. Dear Mr. Thompson: Maxwell H. Wiegar•d mwiegard@genttylocke.com P: (540) 983-9350 F: (540) 983-9400 On behalf of IYS XXII L.C., please accept this letter as a statement of justification in support of the above referenced rezoning application. The Subject Property is currently zoned to the Light Industrial ("I-1") district and is designated as "Transition" in the Roanoke County Future Land Use Map. Located in the Hollins Magisterial District, the Subject Property consists of approximately 8.46 acres. The Subject Property is currently leased to Intercept Youth Services, Inc. ("Intercept"). Intercept provides over ten different community and school based mental health programs across the Commonwealth of Virginia to meet the needs of youth, adults and families. Intercept's existing uses are operated within the existing zoning classification. This application proposes a rezoning to the High Intensity Commercial District ("C-2") to allow "Guidance Services" to be conducted as a by right use. The existing zoning classification does not permit this use either by right or by special use permit. No additional construction or improvements to the Subject Property will be required and the additional uses will be conducted within the existing footprint. A traffic impact analysis is not required, because the proposed rezoning does not generate sufficient vehicle trips to meet the Virginia Department of Transportation requirements to justify the need for this analysis. The proposed application satisfies the purposes of the Roanoke County Zoning Ordinance and the purposes of the C-2 District as the use will create no adverse impacts on public resources or the transportation network and the rezoning will permit a community service organization to expand its services and to lawfully conduct its business on the Subject Property. 10 Franklin Road SE, Suite 900 Roanoke, VA 24011 • PO Box 40013 Roanoke, VA 24022-0013 Toll Free: 866.983.0866 2763 311 /7645940v l GENTRY LOCKS Mr. Philip Thompson July 22, 2016 Page 2 The proposed applications are also consistent with the Comprehensive Plan guidance and the draft Community Strategic Plan. The proposed application does not alter any lot size or district minimum sizes and will have no impact on the availability of water, sewer, or other public services. As noted above, the Comprehensive Plan designates the Subject Property as transition which provides for a variety of industrial and institutional uses. The recently prepared Community Strategic Plan includes a strategic initiative identified as "Be a Caring and Inclusive Community." This initiative includes the objectives of "Coordination of Services for Vulnerable Populations", "Accessibility of Services for All Populations", and "Education Regarding Available Services." Each one of these objectives are within the field and touch elements of Intercept's services. As an example, the draft plan states that "Roanoke County will also coordinate the efforts of County agencies and local non -profits to identify service gaps and build partnerships to fulfill these needs for our vulnerable populations." Given the current and anticipated future use of the Subject Property the proposed rezoning is consistent with the Comprehensive Plan and Community Strategic Plan guidance. In accordance with the policy of Roanoke County, we have enclosed the following: one (1) paper copy of the application package, consisting of the rezoning application form, this statement, the concept plan, application fee, list of adjoining property owners, and metes and bounds description. Thank you in advance for your consideration and please do not hesitate to contact me to further discuss any of the application materials. It is our understanding that applications will scheduled for public hearings before the Planning Commission and the Board of Supervisors in September 2016. We look forward to continuing to work with you and other representatives of Roanoke County regarding this application. Sincerely, GENTRY LOCKS Maxwell H. Wiegard Enclosures cc: Mr. Mark Bogert Jonathan D. Puvak, Esq. Mr. James Ruhland III 27633/ l /7645940v V CONCEP"f VL.,kN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or vadw= that is to be considered. Further, the plan small address any potential land. use or design issues arising horn the request. In such cases involving rczonings, the applicant may proffer conditions to limit the fu€we use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with flit site plan ur plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan.. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plant is required with all rezoning, special use permit, waiver, cora-munity plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following am considered minimum- ALL L APPLICANTS X a. Applicant name and name of development n b. Date, scale and north arrow X c. Lot size in acres or square feet and dimensions X d. Location, names of o%rners and Roanoke County tax reap numbers of adjoining properties X e. Plrvsical features such as ground cover, natural watercourses, floodplain, etc. X f. The ming and land use of all adjacent properties X g. All propeM lines and easements X h_ All buildings, existing and proposed, and dimensions, Moor area and heights X i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development X j. Dimensions ana locations of all drive -ways, harking spaces and loading spaces A-4ditio"al infol trtation requiredfor R.EZOA7NG and SPECIAL USE PER19ITAPPLICANTS X k. Existing utilities (water, sewer, storm draitns) and connections at the site X 1. Any driveways, erriranceslexits, curb openings and crossovers X m. Topography map in a suitable scale and contour internals X n. Approximate atreet grades and site distances at intersections X o. L-watiuns of all adjacent fire hydrants X_ p. Any proffered conditions at the site and how they are addressed X tl. If project is to be phased, please show phase schedule I certify that all item5prequireda ' the checklist above are complete. 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Y�'-1--_]� � / �/��✓ ir� � � I P ! - e9. iN T T- i .i laj= yYYY^ Mto Sb��s� At��. c* Corttrttunifiy Development Planning & Zoning Division NoTI E TG APPLICANTS FOR RiszoNitvc,S�Jl�I3IVIsICN N VAfVER, PUBLIC STREET WAIVER, OR SPECIAL USE PER-TYRT PETITION PLANNING CC3AJ missioN APPL[CATioN ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new o: additional information is presented at the public hearing. if it is the opinion of the majority of the Planning Commissioners present at the scheduled public bearing that sufficient time was not availagie for planning staff' and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the neva or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Coma? fission. The Planning Commission, shall con -salt with planning staff to determine if a continuance may be warranted. POTENT AL OF NET�D FDR T AFFIL ANALYSES AND/oR TRAFFIC IMPACT STUDY The Roanoke. County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, .Public Street Waiver, or Special -Use Permit petition if the County Trak Engineer or staff from the Virginia Department of Transportation requests further traffic analyses andfor a traffic impact study that would be benvfreial in *Waking a land use decision (Note: o. list of potential land uses andsituations that -would necessitate rther studis pravFded os part a f this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses an&cr traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. E'ffecifive d4lias April 99, –1005 IYS XXTT L .C. Mame oat- on �e�`�i�OFISF S o�ErCi FE r —I Date IYS XXII, L.C. (Intercept Youth Services) Tax Map #: 038.14-01-04.00-0000 Adjacent Property Owners Roanoke County Delta Dental of Virginia Property Address: 0 Airport Road Mailing Address: 4818 Starkey Road Roanoke, VA 24017 Tax Map #: 038.14-10-05.00-0000 Zoning: I1 C/Industrial (Light) District with Conditions 2. Sandra H. Pinnock Property Address: Mailing Address: Tax Map #: Zoning: 5711 Airport Road 2571 Alder Street Roanoke, VA 24017 038.14-01-03,00-0000 C2/ High Density Commercial District 3. Blue Ridge Memorial Gardens, Inc. Property Address: 0 Airport Road Mailing Address: c/o State and Local Tax Department P.O. Box 11250 New Orleans, LA 70181 Tax Map #: 038.14-01-02.00-0000 Zoning: C1/Low Density Commercial District 4. Blue Ridge Memorial Gardens, Inc. Property Address: 5727 Airport Road Mailing Address: c/o State and Local Tax Department P.O. Box 11250 New Orleans, LA 70181 Tax Map #: 038.14-01-01.00-0000 Zoning: C1/Low Density Commercial District 276331] /7644719v I Page 2 Roanoke City_ 1. Blue Ridge Memorial Gardens, Inc. Property Address: 5721 Airport Road, NW Mailing Address: P.O,. Box 130548 Houston, TX 77219 Tax Map #: 6630103 Zoning: ROS 2. Carilion Clinic Properties, LLC Property Address: 5568 Airport Road, NW Mailing Address: P.O. Box 12385 Roanoke, VA 24025-2385 Tax Map #; 6640106 Zoning: AD 3. A&M Enterprises LP Property Address: 5550 Airport Road, NW Mailing Address: 10 Jefferson Street, Suite 1200 Roanoke, VA 24011 Tax Map #; 6640121 Zoning: AD 4, A&M Enterprises LP Property Address: 5536 Airport Road, NW Mailing Address: 10 Jefferson Street, Suite 1200 Roanoke, VA 24011 Tax Map #; 6640107 Zoning: AD 27633/ l /7644719v l INTL'RCEPT YOUTH SERVICES; Balzer & Associates, Inc. Job 4 81300158.00 Legal Description BEGINNING at an old pin on the northeasterly side of Airport Road at the extreme southerly corner of property of William N. and Mary Ellen Stokes (D.B. 1204, page 1239); thence with the southerly line of said tract N 68°15'50" E 150.16 feet to an old pipe; thence with the northeasterly line of the Stokes property and the Blue Ridge Memorial Gardens property N 38'20'14" W 120.09 feet to an old pin on line of property of Blue Ridge Memorial Gardens; thence with the line of same N 68'24'14" E 151.29 feet to an old pipe; thence N 38'14'4t" W 104.36 feet to an old iron pin, corner to property of Blue Ridge Memorial Gardens; thence still with line of same N 68025'12" E 470.04 feet to an old pin; thence with a division line along the property of Shenandoah Homes Retirement Village, Inc. (D.B. 1155, page 375) S 31°44'27" E 478.20 feet to an old pipe; thence with the are of a circle to the right whose radius is 25.00 feet, whose chord is N 82°40'45" W 35.09 feet, an are distance of 38.90 feet to a point on the northeasterly side of Airport Road; thence with line of same N 38°06'30" W 434.95 feet to the BEGINNING and containing 8.462 acres and being shown on map made by Jack G. Bess, Certified Land Surveyor, dated January 10, 1995, Tax Map No. 03 8.14-01-04.00-0000 E y i LL W 4 F- z2. 4 Off. It, W* .r LU MA y < tr O L O � V �r r r 1 0 (O LO v r co / O O N 00 O _ U n� rti { ii (n (q U 0 I o f O U N o 0 —— mE N .0u a o N m ° m U) oN = Z co m a N V — o n (6 O CL N N N 00 NLO U (n C- N CL CL O O X CL N O`-=ii>� Q W d d H Q "'e U N N N Q LL Y Of zzOf �O L) Aim 4m I 10 [a] LU Y O z a O w LL O I O O mo (c) 411 N mo LO 0 .0 (q (q N W c7 2 Y N 'w E n O Y o U N � >. o Q -C:N � g .. a mp E aN N N _ow .E 3pA O U (6 Z O a� a� Q v 0 N N v v U v U) a U � 0) .N N x CL N CL CL N 00 N .� O ' ii �� U(n _ ; se Y/ 0 o N Q W d d H Q LL W 0 z HZ Z MO O� LU Y z a w LL O U ani 4,, >O o o o/ to O O w (O / O 0 N ON 11 C6 U) U) 06 O o E 2 N � N 0 N U _� --- ��\ M Z 'E o NCL N Z co m a� Un 0 x (6 .Q 0) N N (U 00 O .� U U .e CL Q N W U2 O Ul U2 O 0- (U X N H Q >e "' e ACTION NO. ITEM NO. G.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: August 9, 2016 Ordinance reiterating findings as to the Western Virginia Regional Industrial Facility Authority and authorizing execution of first Amended and Restated Agreement creating such Authority RuthEllen Kuhnel County Attorney APPROVED BY: Thomas C. Gates County Administrator ISSUE: An ordinance to amend and restate the original agreement establishing the Western Virginia Regional Industrial Facility Authority. BACKGROUND: The governing bodies of Botetourt County, Franklin County, the City of Roanoke, the City of Salem, the Town of Vinton and Roanoke County adopted ordinances creating the Western Regional Industrial Facility Authority. Roanoke County's ordinance #092413-7 was adopted on September 24, 2013. This ordinance authorized the execution of an agreement which establishes the respective rights and obligations of the member localities consistent with the provisions of Section 15.2-6400 et seq. of the 1950 Code of Virginia, as amended. The member localities have previously amended this agreement for the purpose of correcting and amending Article XI, "Dissolution of Authority" on October 22, 2013. DISCUSSION: The member localities of the Western Regional Industrial Facility Authority desire to amend and restate the original Agreement which created the Authority. The "Amended and Restated Agreement" does not change the intended purpose of the original Page 1 of 2 Agreement, but serves to clarify and expand certain language. The most notable and substantive of these proposed revisions are detailed as follows: 1. Article III; Section 2: Clarifies that the Authority is nonprofit and that no part of its earnings, after obligations shall inure to the benefit of any individual, firm or corporations and that if the Authority dissolves, the funds and property will vest in the Member Localities. 2. Article VI; Expands the description of Participations Agreements, limiting liability of the Participation Agreements to the member localities who actually enter into the actual agreement. The addition more fully describes that the Authority may finance economic development projects with bonds, and the language more fully defines "Project Based Financing" in support of a particular Project obligating only member localities engaged in the particular Participation Agreement. 3. Article VIII; The Act allows for Revenue Sharing Agreements between the member localities. The original Agreement required a unanimous consent of the vote of the governing bodies of the Member Localities participating in the Revenue Sharing Agreement, while the Act only requires a majority consent of the governing body. The change in the Amended and Restated Agreement reverts back to the majority consent language required by the Act. FISCAL IMPACT: There is no fiscal impact associated with the Amended and Restated Agreement. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling the second reading for September 13, 2016. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, AUGUST 9, 2016 ORDINANCE REITERATING FINDINGS AS TO THE WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY AND AUTHORIZING EXECUTION OF FIRST AMENDED AND RESTATED AGREEMENT CREATING SUCH AUTHORITY WHEREAS, pursuant to the Virginia Regional Industrial Facilities Act, Chapter 64 of Title 15.2 of the Code of Virginia of 1950, as amended (the "Act") the governing bodies of Botetourt Count, Franklin County, Roanoke County, the City of Roanoke, the City of Salem and the Town of Vinton (the "Member Localities") each adopted an ordinance for the creation of the Western Virginia Regional Industrial Facility Authority (the "Authority") in order to enhance the economic base of each such locality through the developing, owning and operating of one or more facilities on a cooperative basis; and WHEREAS, pursuant to the Act such ordinances were filed with the Secretary of the Commonwealth and the Secretary of the Commonwealth has issued his certificate as to such filing; and WHEREAS, such ordinances also authorized the execution of an agreement establishing the respective rights and obligations of the Member Localities with respect to the Authority consistent with the provisions of the Act (the "Original Agreement") which Original Agreement was duly executed on behalf of each Member Locality and was entitled "Agreement Creating the Western Virginia Regional Industrial Facility Authority"; and Page 1 of 3 WHEREAS, each Member Locality desires to amend and restate the Original Agreement to clarify and amend the Original Agreement in accordance with the attached First Amended and Restated Agreement Creating the Western Virginia Regional Industrial Facility Authority (the "Amended and Restated Agreement"); and WHEREAS, the Act defines facilities as including real estate and improvements for manufacturing, warehousing, distribution, office or other industrial, residential, recreational or commercial purposes. THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AS FOLLOWS: 1. It is reiterated that the name of the Authority is the Western Virginia Regional Industrial Facility Authority. 2. It is reiterated that the member localities of the Authority are Botetourt County, Franklin County, Roanoke County, the City of Roanoke, the City of Salem and the Town of Vinton. 3. It is reiterated that the economic growth and development of the County of Roanoke and the comfort, convenience and welfare of its citizens require the development of facilities as defined in the Act and that joint action through a regional industrial facility authority by the Member Localities will facilitate the development of the needed facilities. Page 2 of 3 4. The County Administrator is authorized to execute the First Amended and Restated Agreement establishing the respective rights and obligations of the Member Localities with respect to the Authority consistent with the purposes of the Act in substantially the form attached hereto and to take any other actions confirming the creation of the Authority. Page 3 of 3 ACTION NO. ITEM NO. G.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: August 9, 2016 Ordinance approving a lease with Union Bank & Trust Company to lease 100 square feet in the Roanoke County Building located at 220 East Main Street in Salem, Virginia Rob Light Acting Director of General Services Thomas C. Gates County Administrator Union Bank & Trust would like to continue leasing one hundred square feet of space in the County building occupied by the Department of Social Services ("DSS"). The building is located at 220 East Main Street in Salem. The bank operates a night deposit box and automated teller machine ("ATM") in the front of the building. The one hundred square feet of space is used for electrical equipment to support the ATM and night deposit box. The existing lease for this space expires on August 31, 2016. The existing lease provides for a "holdover" provision at the expiration of the lease term which would allow the existing terms to continue as the parties negotiate a new lease arrangement. The Bank has agreed to this extension pending Board approval of the new leases. BACKGROUND: The County acquired the DSS building in 2001 from Salem Bank & Trust. Prior to acquiring the building, Roanoke County leased space from Salem Bank and Trust for its DSS operations. Since the purchase of the building by Roanoke County, Salem Bank & Trust and its successor Union Bank & Trust have leased space in the building to continue its banking operations. Prior to August 31, 2013 this lease included the entire first floor for a bank branch space and an ATM / Night Deposit space. Since August 31, 2013, the bank has continued to lease only the ATM / Night Deposit space. Page 1 of 2 In addition to leasing space within the building from Roanoke County, Salem Bank & Trust and its successor Union Bank & Trust have also leased parking spaces near the DSS building to Roanoke County. At present, a single lease document incorporates both the leased space for the ATM as well as the parking leased by the County. Union Bank & Trust and the County have agreed to create two separate leases: one to reflect Union Bank's lease of space in the front of the DSS building for its ATM and a second lease for the parking spaces. DISCUSSION: The existing ATM and night deposit box do not impede or impact the operations of DSS. Union Bank has indicated to the County that it is trying to sell its former bank operations building located near DSS building. The Bank's lease for one hundred square feet of space in the front of the DSS building would continue, subject to the parties' agreement, even if the Bank provides notice to the County that the parking space lease will be terminated after the sale of the nearby bank building. FISCAL IMPACT: Union Bank will pay the County $184.78 per month, ($2,217.36 per year) for the lease of one hundred square feet of space in the front of the DSS building. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and setting the second reading for September 13, 2016. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 9, 2016 ORDINANCE APPROVING A LEASE WITH UNION BANK & TRUST COMPANY TO LEASE 100 SQUARE FEET IN THE ROANOKE COUNTY BUILDING LOCATED AT 220 EAST MAIN STREET IN SALEM, VIRGINIA WHEREAS, the Roanoke County Department of Social Services ("DSS") is located in a building previously owned by Salem Bank and Trust Building located at 220 East Main Street, Salem, Virginia; and and WHEREAS, Roanoke County ("the County") acquired the building in 2001; WHEREAS, the first floor of the DSS building has a long-standing history as a site for bank transactions; and WHEREAS, Union Bank & Trust Company ("Union") is the successor in interest to Salem Bank and Trust; and WHEREAS, Union currently leases from the County approximately one hundred square feet of space on the first floor of the DSS building for placement of equipment to operate an automated teller machine ("ATM") and a night deposit box for the convenience of Union's customers; and WHEREAS, the lease of one hundred square feet of space by Union in the DSS building does not impact or otherwise impede the operations of DSS; and WHEREAS, Union wishes to continue utilizing space on the first floor of the DSS building for equipment to support its ATM and night deposit box and has negotiated with the County to continue leasing space. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That pursuant to the provisions of Sections 2.01 and 2.03 of the Charter of Roanoke County, the County is authorized to acquire property, including the lease of real estate, and, 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, the acquisition of any interest in real estate shall be accomplished by ordinance, the first reading of this ordinance was held on August 9, 2016, and the second reading of this ordinance was held on September 13, 2016. 3. That the execution of a Lease Agreement ("Agreement") with Union to lease one hundred square feet of space in the front of the DSS building located at 220 East Main Street, Salem, Virginia, for use by Union for its ATM and night deposit box is hereby authorized. 4. That the lease term shall commence on September 15, 2016, and continue for a period of three years, with the option to renew for an additional successive two-year periods, upon the same terms and conditions contained in the Agreement, unless terminated as provided in the agreement. 5. That the base rent to be paid by Union to the County shall be the sum of $184.78 per month ($2,217.36 per year), with a three percent (3%) annual increase upon renewal of the lease after the initial three-year term. 6. That the County Administrator, or an Assistant County Administrator, is authorized to execute such documents and take such actions on behalf of the Board of Supervisors in this matter as are necessary to accomplish the lease of this property, all of which shall be approved as to form by the County Attorney. 8. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 2 Deed of Lease This DEED OF LEASE (the "Lease") is dated the 1st day of September, 2016, between BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA a political subdivision of the Commonwealth of Virginia, its successors and assigns, as Grantor ("Landlord"), and UNION BANK & TRUST, as Grantee ("Tenant"). WITNESSETH: For and in consideration of the terms, conditions, covenants, promises and agreements herein made, Landlord leases to Tenant the following property or premises (the "Premises"), together with full rights of ingress and egress, in the County of Roanoke, Virginia. The Premises are more particularly described as: Approximately 100 square feet of office space, known as Union Bank & Trust, located on the first (1St) floor of the Department of Social Services Building, property of Roanoke County, 220 East Main Street, Salem, Virginia 24153 (the "Building"),with ingress and egress as necessary for Tenant to access a bank night deposit box, ATM, and related equipment. A sketch of the space for the Premises is attached hereto as Exhibit A. 1. Premises. 1.1 Location. Landlord is the owner of certain improved real property commonly known as the Department of Social Services Building located at 220 East Main Street, Salem, Virginia 24153, (the "Property"). 1.2 Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord certain space within the Property for the installation, operation, and maintenance of a bank night deposit box and related equipment, situated on approximately one hundred square feet as shown on Exhibit A, the Premises. 1.3 Access. Tenant, its customers, invitees, agents, employees and contractors may access the Premises on a 24 hours per day/7 days per week basis, or during special events held on the Premises, for purposes of installing, using, inspecting, maintaining, servicing, repairing, replacing, protecting or removing the night deposit box and related equipment. Landlord shall make reasonable efforts to provide uninterrupted access to the Premises. In the event of construction, remodeling or other activity by the Landlord at the Property, Landlord shall undertake such activities so as to permit 24 hours per day/7 days per week access to the Premises. Page 1 of 9 1.4 Delivery Condition. Landlord shall deliver the Premises to Tenant in its current "as -is" condition. 2. Term. 2.1 Initial Term. The term of this Lease ("Term") shall be three years, commencing on September 1, 2016 ("Rent Commencement Date") and expiring at midnight, August 31, 2019. 2.2 Options to Extend. If the Tenant is not in default, Tenant has the option to extend this lease for two (2), three (3) year renewals. The First Renewal Term will be September 1, 2019 through August 31, 2022 The Second Renewal Term will be September 1, 2022 through August 31, 2025. For the Tenant to exercise the option to extend, the Tenant shall send written notice to the Landlord no later than six (6) months in prior to expiration of the current term. If no notice is received by Landlord by March 1 of the year of expiration, March 1, 2019, and March 1, 2024 respectively, then then lease will expire on August 31, 2019 or August 31, 2024, respectively, and be subject to renegotiation, unless the Landlord affirmatively waives the notice requirement and agrees to extend under the current terms of the Lease. 2.3 Landlord's Option to Terminate Unless otherwise terminated pursuant to other events contemplated herein, Landlord may elect to terminate this Lease upon the expiration of the Initial Term or any Renewal Term by providing a minimum of six (6) months prior written notice to Tenant. 2.4 Anticipated Delivery of Possession. Tenant currently occupies and operates the commercial bank night deposit box and related equipment in the Premises. Any relocation or replacement of the night deposit box shall be at Tenant's sole expense at the location identified by Exhibit A. 2.5 Holding Over. Any holding over with Landlord's consent after the expiration of the Term or any Renewal Term, as the case may be, shall be construed to be a month-to-month agreement on the same terms and conditions, terminable by either party upon thirty (30) days prior written notice. 3. Rent. Tenant's Monthly Rent shall be ($184.78) per month, for a total of two thousand one hundred forty-two dollars and forty-eight cents ($2,217.36) per year. All rent must be paid without demand, deduction, set-off or counter claim, in advance, on the first day of each calendar month during the Term, and in the event of a partial rental month, rent will be prorated on the basis of a thirty (30) day month. Tenant's Monthly Rent shall include all of Tenant's common area maintenance charges and Tenant shall not pay Landlord any other charges in connection with this Lease. Page 2 of 9 Rent Increases. Each year on September 1, the rent will increase by 3.0% without demand, including the two renewal option periods. Payment Address. County of Roanoke, Virginia Attention: Director of Finance P.O. Box 29800 Roanoke, Virginia 24018 4. Operation of Bank Night Deposit Box and ATM. 4.1 Tenant may operate and maintain at each Premises, at Tenant's sole cost and expense, one freestanding bank night deposit box and an ATM, together with such additional security equipment or features as Tenant shall deem appropriate, including such other equipment and accessories as are or become normally provided by Tenant in connection with the use and operation of a bank night deposit box. Tenant may bolt its night deposit box or otherwise secure the night deposit box with Landlord's input, which will not be unreasonably withheld. Landlord agrees to cooperate in good faith to facilitate Tenant's installation activities. In addition, Landlord shall provide Tenant with access to perform the necessary site preparation. Tenant may change the night deposit box by removing, replacing, or adding from time to time, some or all of the equipment and features offered. 4.2 Tenant's Property. The night deposit box, ATM, and all of Tenant's trade fixtures and personal property shall be and at all times remain the property of Tenant. 5. Signage and Trademarks. 5.1 General. Tenant may place and maintain the night deposit box and related equipment at the Premises, subject to Landlord's approval, which shall not be unreasonably withheld, and subject to all applicable laws. All of Tenant's signage shall (a) be fabricated, installed and maintained by Tenant at Tenant's sole expense, (b) be consistent with any signage the Landlord itself uses for the Property and (c) at all times remain the property of Tenant. Subject to any applicable governmental laws, rules and regulations, and subject to Landlord's approval (which approval may not be unreasonably withheld, conditioned or delayed), Tenant may change its signage based upon a change in Tenant's standard corporate signage, name or logo as long as it complies with applicable laws and is not an increase in size and not placed in any space not currently approved for signage. 5.2 Permits. Tenant shall obtain, at tenant's sole expense, all permits, variances, or similar governmental approvals necessary to allow Tenant's installation of its signs. Page 3 of 9 5.3 Trademarks. Tenant may operate its night deposit box under any trademark, logo or service mark permitted by law. 6. Maintenance. 6.1 Maintenance of Bank Equipment. Tenant shall be solely responsible for all maintenance and security costs associated with maintaining the night deposit box. Tenant shall have the right to update security features and perform other service as necessary for the night deposit box. If Tenant chooses to service the night deposit box outside of the hours of 8:00 AM and 5:00 PM, it will be at Landlord's discretion how to best access the Property. 6.2 Maintenance of Real Property. Landlord shall maintain the Real Property surrounding the Premises in conformance with Landlord's current standards of maintenance. 6.3 Tenant's Negligence or Willful Acts. Landlord shall not be obligated to make any repairs to the Premises due to damage caused by the grossly negligent or willful acts of Tenant, or its agents, employees, contractors, licensees or invitees, but at its option, such repairs may be made by the Landlord and charged to the Tenant. Landlord shall not have responsibility to repair any damages which arise out of or are caused by Tenant's use or occupancy of the Premises or by Tenant's installation of fixtures, equipment, improvements, furniture or any other property of the Tenant in or upon the Premises or by any act or omission of Tenant or any employees, agents, contractors, licensees or invitees of Tenant. 7. Removal of Night Deposit Box, ATM, and other Tenant Property. Upon the expiration of this Agreement, Tenant shall remove the night deposit box and related equipment, Tenant's signs, and Tenant's other trade fixtures and personal property from the Premises, at Tenant's sole expense. Such removal shall occur not more than thirty (30) days after the expiration or other termination of this Agreement. Tenant shall, at its sole expense, reasonably repair any damage to the Premises caused by such removal. Any repairs caused by such removal shall be made in a professional and workmanlike manner. If Landlord is not satisfied with the repairs to damage, it may elect to repair the damage and Tenant shall reimburse Landlord within thirty days of the receipt of the bill. This section applies to any and all moves and relocations which may occur during the life of this lease and any renewals. 8. Services and Utilities. 8.1 Utility Services at the Premises. The costs for electricity needed to operate or otherwise secure the night deposit box shall be paid for by Tenant as well as Page 4 of 9 all other utility services dedicated to Tenant's operation and security for the night deposit box. 8.2 Interruption of Service. Landlord shall not permit any person or entity to tamper with Tenant's telecommunications wiring, panels or equipment without Tenant's express prior written consent. Any deliberate interruption of power to the night deposit box and related security equipment caused by Landlord in the scope of necessary building renovations shall be communicated in writing to the Tenant and Tenant may post notices of any scheduled interruption to Tenant's customers. Except for any interruption of power or telephone service caused by any act of God or casualty event, Tenant's Monthly Rent payable hereunder shall be abated on a per diem basis (based on a thirty (30) day month) for any day during which the power and/or service for security equipment for the night deposit box is inoperable, unless the shutdown is caused by Tenant. Landlord shall only reimburse Tenant for costs and expenses Tenant incurs to restore operation if the interruption of service is caused by or within reasonable control of Landlord or its agents or contractors. 9. Damage or Destruction of the Premises. 9.1 Termination. If the Property or the Premises are damaged by fire, lightning, windstorm, tornado, earthquake, civil disturbance, flood, acts or nature or other casualty loss, and, in the reasonable opinion of either party, the Premises are thereby rendered substantially untenable or unusable, and cannot be reasonably commercially rebuilt within one hundred eighty (180) days following the date of casualty, this Lease shall terminate, at the option of either party, effective on the date of the casualty, upon written notice to the other party, given within thirty (30) days following the casualty. 9.2 Obligation to Repair and Restore. If neither party terminates this Lease as provided in 9.1 above, Landlord shall repair and restore the Building and the Premises as promptly as possible to their former condition, but the timetable will be at the at the Landlord's discretion with the rent proportionality abated. 10. Insurance. 10.1 Property Insurance. During the Lease Term, Landlord shall, at Landlord's expense, maintained, that insures the Real Property and Landlord's personal property on the Real Property on a replacement cost basis, and Tenant shall maintain insurance that covers the Premises and the night deposit box, its contents and related equipment on a replacement cost basis. Each insurance policy shall, at a minimum, risk insurance, including but not limited to loss or damage due to fire and the risks normally included in extended coverage (e.g., flood, windstorm, earthquake, and terrorism.) Page 5 of 9 10.2 Tenant's Duty to Maintain General Liability Insurance Tenant shall provide and maintain comprehensive general liability insurance for bodily injury, death and property damage in or about the Premises with such limits as may be reasonably required by Landlord from time to time but not less than a single limit of $1,000,000 for each occurrence, which policy shall name the Landlord as an additional insured and a copy of such policy shall be provided to the Landlord prior to the commencement date of this Lease. Each policy shall provide that it may not be canceled without first giving thirty (30) days advance written notice to the Landlord of proposed cancellation. 11. Indemnifications and Risk of Loss 11.1 Indemnification of Landlord Tenant shall indemnify Landlord and hold Landlord harmless from and against any and all claims, actions, damages, liability and expense (including without limitation, fees of attorneys, investigators and experts) in connection with the loss of life, personal injury or damage to property caused to any person in or about the Premises or arising out of the occupancy or use by Tenant, its employees, agents and invitees, of the Premises or any part thereof. Landlord agrees that it maintains liability and other applicable insurance policies for any covered acts that may result from negligent acts or omissions of Landlord's employees, agents, invitees, and assigns with regard to the ATM and night deposit box. Without limiting the foregoing, Tenant shall forever release and hold Landlord harmless from all claims arising out of damage to Tenant's property. In case any such claim, action or proceeding is brought against Landlord, upon written notice from Landlord and at Tenant's sole cost and expense, Tenant shall resist or defend such claim, action or proceeding or shall cause to be resisted or defended by its insurer. 11.2 Risk of Loss. Tenant shall bear all risk of loss to the night deposit box and related equipment resulting from vandalism, theft, or any criminal acts and Landlord shall not be responsible for any losses suffered by Tenant from such causes. 12. Governing Law The laws governing the Commonwealth of Virginia shall apply in any and all disputes. 13. Assignment and Subletting. Tenant shall not assign or transfer all or any part of its interest under this Agreement without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. 14. Default. The failure of Tenant to pay Monthly Rent or any other amount payable hereunder, where such failure shall continue for a period of ten days after written notice thereof by Landlord, shall constitute a default. If the Tenant defaults, then the Landlord, in addition to any other remedies available in law or equity, may (i) continue this Lease and enforce all rights and remedies or, (ii) terminate this Lease by providing written notice Page 6 of 9 to the defaulting party of such intention and recover any amount necessary to compensate Landlord for failure to perform its obligations under this Lease. If Tenant shall pay the rent as herein provided, and shall keep, observe and perform all other covenants of this Lease then the Tenant may peaceably and quietly, have, hold and enjoy the Premises for the term in this Agreement. 15. Entire Agreement, Severability Clause. This Agreement with any addenda and exhibits hereto represent the entire agreement between the parties with respect to the subject matter hereto, and supersedes all other proposals, agreements, representations and covenants, oral or written. Any modification of this Agreement, unless otherwise indicated herein, must be in writing and signed by both parties. This Agreement shall not be amended or modified except by written instrument executed by both parties. Should any provision of this Lease be or become void or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement with any addenda and exhibits hereto represent the entire agreement between the parties with respect to the subject matter hereto, and supersedes all other proposals, agreements, representations and covenants, oral or written. 16. Authorization. This Agreement is executed by a duly authorized administrator of Roanoke County, Virginia, on behalf of the Board of Supervisors or Roanoke County, Virginia, pursuant to Ordinance # adopted by said Board on the _ day of 2016, and by a duly authorized representative of Union Bank & Trust. 17. Notices. (a) To Landlord: Board of Supervisors, Roanoke County Virginia Attn: Rob Light, Acting Director of General Services 1206 Kessler Mill Road Salem, Virginia 24153 (b) To Tenant: Union Bank & Trust Attn: Chad Horsley Purchasing Manager 111 Franklin Plaza- Suite 110 Roanoke, Virginia 24018 Page 7 of 9 seals. IN WITNESS WHEREOF, the parties hereto have affixed their signatures and LANDLORD: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: Title: COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE, to wit: The foregoing Deed of Lease was acknowledged before me this day of , 2016, by Thomas C. Gates acting in his capacity as County Administrator and designee of the Roanoke County Board of Supervisors, on behalf of the County. My commission expires: Registration No. Notary Public TENANT: UNION BANK & TRUST By:_ Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to wit: The foregoing Deed of Lease was acknowledged before me this day of , 2016, by , acting in his capacity as My commission expires: Registration No. Notary Public , on behalf of Union Bank & Trust. Page 8 of 9 SEE ATTACHED EXHIBIT A Page 9 of 9 ACTION NO. ITEM NO. G.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: August 9, 2016 Ordinance approving a lease with Union Bank & Trust Company for 40 parking spaces of a lot located at 200 East Calhoun Street in Salem, Virginia Rob Light Acting Director of General Services Thomas C. Gates County Administrator The Department of Social Services (DSS) building located at 220 East Main Street in Salem has limited parking for the approximately one hundred DSS staff members and the clients they serve. The County currently leases parking spaces from Union Bank & Trust that are directly adjacent to the County's parking lot. This lease agreement will provide for continued utilization of these 40 parking spaces. The existing lease for the parking spaces expires on August 31, 2016. The existing lease contains a "holdover" provision at the expiration of the lease term which would allow the existing terms to continue as the parties negotiate a new lease arrangement. The Bank has agreed to this extension pending Board approval of the new leases. BACKGROUND: The County acquired the DSS building in 2001 from Salem Bank & Trust. Prior to acquiring the building, Roanoke County leased space from Salem Bank and Trust for its DSS operations. Since the purchase of the building by Roanoke County, Salem Bank & Trust and its successor Union Bank & Trust have leased space in the building to continue its banking operations. Prior to August 31, 2013 this lease included the entire first floor for a bank branch space and an ATM / Night Deposit space. Since August 31, 2013, the bank has continued to lease only the ATM / Night Deposit space. Page 1 of 2 In addition to leasing space within the building from Roanoke County, Salem Bank & Trust and its successor Union Bank & Trust have also leased 40 parking spaces near the DSS building to Roanoke County. At present, a single lease document incorporates both the leased space for the ATM as well as the parking leased by the County. Union Bank & Trust and the County have agreed to create two separate leases: one to reflect Union Bank's lease of space in the front of the DSS building for its ATM and a second lease for the parking spaces. DISCUSSION: The most significant change in this lease is that Union Bank & Trust has insisted upon a shorter period of notice, 60 days instead of the existing 90 days, whereby it may give notice to terminate the lease. Union Bank & Trust has indicated to the County that it is trying to sell its former bank operations building located near DSS building. If Union Bank & Trust sells its building, the sale will include the forty parking spaces that are the subject of this lease. The Bank's lease for one hundred square feet of space in the front of the DSS building would continue, subject to the parties' agreement, even if the Bank provides notice to the County that the parking space lease will be terminated. FISCAL IMPACT: The cost of the lease is $837 per month, or $10,044 annually for the forty parking spaces. This cost is included in the 2017 fiscal year General Fund Budget. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and setting the second reading for September 13, 2016. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 9, 2016 ORDINANCE APPROVING A LEASE WITH UNION BANK & TRUST COMPANY FOR 40 PARKING SPACES OF A LOT LOCATED AT 200 EAST CALHOUN STREET IN SALEM, VIRGINIA WHEREAS, the Roanoke County Department of Social Services ("DSS") employs more than 100 persons and provides services to Roanoke County, the Town of Vinton, and the City of Salem); and WHEREAS DSS is located in the former Salem Bank and Trust Building located at 220 East Main Street, Salem, Virginia since the County acquired the building in 2001; and WHEREAS, Union Bank & Trust Company ("Union") is the successor in interest to Salem Bank and Trust; and WHEREAS, the County owns some land adjacent to the DSS building, but such land is insufficient to meet the parking needs of all staff members and clients of DSS; and WHEREAS, no other reasonably suitable parcels or tracts of land are available for lease or sale to use for parking facilities to serve DSS staff and clients near the County -owned DSS building; and WHEREAS, the County has leased parking for use by DSS staff and clients from Union Bank and its predecessor entities since 2012 and such lease arrangement has proven beneficial to all parties; and WHEREAS, the existing lease expires August 31, 2016. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That pursuant to the provisions of Sections 2.01 and 2.03 of the Charter of Roanoke County, the County is authorized to acquire property, including the lease of real estate, and, 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, the acquisition of any interest in real estate shall be accomplished by ordinance, the first reading of this ordinance was held on August 9, 2016, and the second reading of this ordinance was held on September 13, 2016. 3. That the execution of a Lease Agreement ("Agreement") with Union to lease 40 parking spaces in a parking lot located at 200 East Calhoun Street, Salem, Virginia, for use by DSS staff and clients is hereby authorized. 4. That the lease term shall commence on September 15, 2016, and continue for a period of 2 years, with the option to renew for an additional successive 1 -year periods, upon the same terms and conditions contained in the Agreement, unless terminated as provided in the agreement. 5. That the base rent shall be the sum of $837.00 per month ($20.95 per parking space), with a $25.00 per month annual increase upon renewal of the lease after the initial two-year term. 6. That the County Administrator, or an Assistant County Administrator, is authorized to execute such documents and take such actions on behalf of the Board of Supervisors in this matter as are necessary to accomplish the lease of this property, all of which shall be approved as to form by the County Attorney. 8. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 2 x4t q W -W lam Id I wml,� 36 3'5 M"N DEED of LEASE WHEREAS, Union Bank & Trust ("Bank") is a community bank providing services to individuals and businesses in Roanoke County and throughout the Commonwealth of Virginia; and Whereas, Bank owns and maintains parking lots in Roanoke County for use by Bank's customers and the capacity of said parking lots exceeds Bank's business needs -land WHEREAS, Roanoke County Department of Social Services ("DSS") has offices near Bank's property in Salem, Virginia, and needs access to additional parking spaces for its employees; And WHEREAS, the County and the Bank have reached an agreement for the County to lease parking spaces from Bank for use by County employees, the parties have agreed to the following terms: WITNESSETH This DEED OF LEASE, made and entered into this day of September, 2016, by and between UNION BANK & TRUST, Grantor, hereinafter referred to as "Landlord" and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, its successors or assigns, Grantee, hereinafter referred to as "Tenant". That for and in consideration of the premises and the mutual covenants contained herein, the parties agree as follows: 1. Leased Premises — The Landlord hereby rents and leases to the Tenant, in accordance with the terms and conditions set forth in this Agreement, the following real property, herein referred to as the "Premises", to -wit: A portion of that tract or parcel of real estate containing forty (40) parking spaces of a parking lot located at 200 E. Calhoun Street, Salem, Virginia, bounded by Calhoun Street and Colorado Street, said parcel designated as City of Salem Tax Map #106-13-9. Exhibit "A" 2. Term of Lease — The term of this lease shall be for a period of two (2) years, said term to commence on September 1, 2016, and continue through August 31, 2018. The Tenant shall have the option to renew this Lease for five additional successive one (1) year terms, commencing September 1, 2018 and continuing until August 31, 2023, upon the same terms and conditions contained in this Agreement; Page 1 of 5 said lease may be renewed by providing written notice to the Landlord on or before the 31St day of March, 2023. Either party may terminate this lease by providing six (6) months written notice unless the Premises are sold by the Landlord. In that case, Termination Notice will be sixty (60) days written notice from the Purchase Contract Effective Date. 3. Rental — The Tenant shall pay as rent the sum of Eight Hundred Thirty - Seven Dollars per month for the initial two year term. Rent shall be payable each month in advance by Tenant to Landlord at the address designated herein, or by electronic transfer of funds, without demand therefor. The aggregate rent shall increase Twenty-five Dollars per month, annually upon renewal beginning on September 1st of each year. The Tenant's obligation to pay is subject to annual appropriations being made for such purpose by the governing body of the County of Roanoke. 4. Taxes — During the term of this Lease, Landlord shall remain responsible for the payment of all taxes and assessments imposed on the Premises; provided, however, that Tenant agrees to pay the amount of any real estate tax increase which is directly attributable to improvements made to the premises by the Tenant. 5. Use and Possession — It is understood and agreed by the parties that the Premises are to be used, during the term of this lease, for the purpose of parking or storing motor vehicles, and may include the construction of certain improvements by the Tenant for any related purposes. Any structures or other improvements placed upon the property by the Tenants shall remain the property of the Tenant and may be removed at any time prior to the expiration of this Agreement, but such removal shall not deemed an abandonment or waiver of Tenant's rights under this Agreement. Tenant agrees not to install underground storage facilities for petroleum products on the property. 6. Condition — The Tenant has examined and knows the condition of the Premises and accepts same in its current condition. Tenant acknowledges that no representation as to the condition or repair of the Premises thereof has been made by the Landlord, except as provided for herein. The Premises shall be returned to the Landlord at the expiration of this lease in its current condition and state of repair, with allowance for ordinary wear and tear. Page 2 of 5 7. Liabilities — During the term of this Lease, Tenant will provide and pay for all utilities which may be necessary to Tenant for the reasonable and proper use and enjoyment of the demised premises by the Tenant. Landlord agrees to grant such approvals to the utility companies as may be necessary for the installation of utility services. 8. Insurance - Tenant covenants that it shall, during the term of this lease, keep in full force and effect a policy of general liability insurance or such comparable self-insurance as may be authorized by the laws of the Commonwealth of Virginia with limits of at least $1,000,000 for personal injury to or death of any one person and $2,000,000 for injury to or death of more than one person in any one occurrence and $100,000 for property damage. 9. Landlord Covenants — Landlord covenants and represents that it has the full and complete ownership of the leased Premises; that it has the full power and right to execute this lease and to perform the obligations hereunder; that no private restrictions exist with respect to the said premises or the use thereof; that no one, exclusive of the Landlord and Tenant and their respective successors in interest, has any interest in or claim against the leased premises; and that the proposed use of the leased premises by the Tenant is lawful and permissible under all laws and regulations. 10. Notices —All written notices required or permitted by this Lease Agreement may be delivered in person or shall be sent by certified mail, return receipt requested (postage prepaid) to the Landlord or Tenant at the following addresses: Landlord: Union Bank & Trust Larry Patton Vice President 105 Arbor Drive Christiansburg, VA 24073 And Union Bank & Trust Chad Horsley Purchasing Manager 111 Franklin Road —Suite 110 Roanoke, VA. 24018 Tenant: Board of Supervisors of Roanoke County Page 3 of 5 Attn: Rob Light, Acting Director Department of General Services 1206 Kessler Mill Road Salem, VA 24153 11. Agent — Landlord acknowledges that no real estate agent was involved in this transaction and agrees to indemnify and hold Tenant harmless from any claim for a commission by reason of any action on Landlord's part. 12. Modification - This Agreement represents the entire understanding between the parties and may not be modified or changed except by written instrument executed by the parties. 13. Governing Law — This Agreement shall be construed pursuant to the laws of the Commonwealth of Virginia and shall be binding upon the parties hereto, their heirs, personal representatives, successors and assigns. 14. Authority, — This Lease Agreement is executed by the County Administrator of Roanoke County by authority and on behalf of the Board of Supervisors of Roanoke County, Virginia, pursuant to Ordinance adopted by said Board on the day of September, 2016. 15. Indemnification Landlord shall indemnify Tenant and hold Tenant harmless from and against any and all claims, actions, damages, liability and expense (including without limitation, fees of attorneys, investigators and experts) in connection with the loss of life, personal injury or damage to property caused to any person in or about the Premises or occasioned wholly or in part by any act or omission of Landlord, its agents, contractors, employees, licensees or invitees; unless such loss, injury or damage was caused solely by the negligence of Tenant, its agents, employees, licensees or invitees. Tenant agrees that it maintains liability and other applicable insurance policies for any covered acts that may result from negligent acts or omissions of Tenant's employees, agents, invitees, and assigns. 16. Execution — This Agreement shall be executed in duplicate, each of which shall constitute an original. Page 4 of 5 WITNESS the following signatures and seals: Approved as to form: BOARD OF SUPERVISORS OF ROANOKE COUNTY By Thomas C. Gates County Attorney County Administrator Commonwealth of Virginia, County of Roanoke, to -wit: The foregoing instrument was acknowledged before me this day of 2016, by Thomas C. Gates, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia, Tenant. My commission expires: Commonwealth of Virginia, County of Notary Public to -wit: UNION BANK & TRUST (Seal) The foregoing instrument was acknowledged before me this day of , 2016, by Trust, Landlord. My commission expires: Notary Public Page 5 of 5 on behalf of Union Bank & ACTION NO. ITEM NO. GA AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: August 9, 2016 Ordinance approving the purchase of the Jae Valley Park Property (Tax Map Numbers 089.00-03-29.01-0000 and 089.00-03-29.02-0000) from the City of Roanoke and authorizing the execution of a contract of purchase Doug Blount Director of Parks Recreation and Tourism APPROVED BY: Thomas C. Gates County Administrator ISSUE: Request to purchase approximately 9.87 acres of land from the City of Roanoke to create a passive park and provide a new public access point to Back Creek. BACKGROUND: The Roanoke River Blueway offers a unique combination of urban, front country, and back country recreation opportunities in the upper Roanoke River watershed. The Blueway provides cost-free opportunities for canoeing, kayaking, fishing, tubing, wading, wildlife viewing, and watershed education with convenient access to other outdoor and cultural amenities in Virginia's Blue Ridge all year long. The 45 -mile Blueway, which includes 17 public and private boating access points, aims to promote healthy living and economic sustainability through increased use and awareness. The Roanoke River Blueway Committee was established in 2013 by the Roanoke Valley -Alleghany Regional Commission to facilitate the planning, development, and marketing of the Roanoke River Blueway. The Committee is represented by the following government agencies, businesses, and organizations: Roanoke County, Roanoke City, City of Salem, Town of Vinton, Montgomery County, Franklin County, National Park Service, Roanoke Outside, Virginia's Blue Ridge, Friends of the Rivers of Virginia, Float Fisherman of Virginia, Friends of the Blue Ridge Parkway, Roanoke Valley Greenways, Appalachian Power, Roanoke Mountain Adventures, Creek Freak Page 1 of 4 Paddlers of Franklin County, Walkabout Outfitters, Back Country Ski & Sport, Clean Valley Council, and the Upper Roanoke River Roundtable. Funding for the Blueway was leveraged from a variety of sources including local governments, private donations, the Virginia Tourism Cooperation (VIC) Market Leverage Program, American Electric Power, and Virginia Department of Game and Inland Fisheries (DGIF). The Blueway includes sections of the South Fork Roanoke River, Tinker Creek, and Back Creek. It flows through Montgomery and Roanoke Counties, the Cities of Roanoke and Salem, and the Town of Vinton. Access points are located in local parks and along the Roanoke River Greenway allowing for shared parking. The Blueway also connects users to regional amenities such as the Roanoke River Greenway, Tinker Creek Greenway, Mill Mountain Greenway, Blue Ridge Parkway, Explore Park, and Smith Mountain Lake. Since 2013, new access points have been opened, improved, or designed including the Tinker Creek Access Point (June 2015), the Roanoke River Overlook off the Blue Ridge Parkway (February 2016), The Bridges development and Green Hill Park Accessible Fishing Platform (Fall 2016). The Roanoke River Blueway has been designated as a Natural, Cultural and Recreational Treasure as part of the Virginia Treasures program, an initiative by Governor McAuliffe to preserve, protect and highlight Virginia's most important ecological, cultural, scenic and recreational assets as well as its special lands. A recreational treasure is a one that provides new public access to a natural, cultural or scenic outdoor recreation resource. These are projects that help the public by enhancing outdoor recreation and foster stewardship of natural and cultural resources. In 2015, members of the community and the Blueway Committee approached Roanoke County requesting the County seek a transfer of property from Roanoke City of the former Sun Valley swimming pool property to Roanoke County for use as a new passive recreation park that provides fishing and boating access to Back Creek. The property is comprised of two parcels totaling approximately 9.87 acres of land and is approximately 5 miles from Rutrough Point at Explore Park. The property is not currently used for a public purpose. DISCUSSION: Roanoke City has agreed to sell the 9.87 aces of land to Roanoke County for $10 with the agreement that the parcels will 1) be used for recreational purposes 2) the County recognizes the City as a partner in the creation of the park and 3) that the County endorses two minor boundary line adjustments (see Contract for Sale Section 2, Paragraph C). The proposed boundary line adjustments redraw the boundary line between Roanoke County and Roanoke City so that parcels presently included in the County will be included in the City. Page 2 of 4 The first proposed boundary line adjustment involves two parcels (0.7185 acre and 0.4904 acre) and a public right of way (containing 0.4070 acre) that are located in the Blue Hills Village development, situated along Orange Ave., Rte. 460, N.E., in the Hollins Magisterial District. The property in question is undeveloped. The majority of the Blue Hills Village development is contained within the jurisdictional boundaries of the City of Roanoke. The second proposed boundary line adjustment involves two parcels (1.0625 acres and 0.0184 acre) that are situated on the perimeter of the former Happy's Flea Market property, along Williamson Road, N.E. in the Hollins Magisterial District. This boundary line adjustment is requested to facilitate the redevelopment of the site by providing a prospective developer with one contiguous site located within a single municipal jurisdiction. If the Board of Supervisors approves the boundary line adjustments by resolution, petitions will be filed in the Roanoke County or City Circuit Court for the Court's ultimate approval of the proposed boundary line adjustments. The City's offer to sell the park property is not contingent upon the Court's approval of the proposed boundary line adjustments, only upon the Board of Supervisors' approval. Resolutions to effectuate the proposed boundary line adjustments will be presented to the Board of Supervisors at their scheduled meeting on September 13, 2016. The conceptual plan for the park includes a grass parking area, gravel entrance road, natural surface trail loop and a natural surface boat launch. The Virginia Department of Transportation is replacing the vehicular bridge on RT. 116 adjacent to the property in 2017. The County is pursuing an opportunity to work VDOT during the design of the bridge project to allow for a turning lane on RT. 116 at the entrance to the proposed park. This new park would increase access to Back Creek for kayaking and canoeing and would provide additional passive recreation opportunities such as hiking, picnics and fishing. It is the recommendation to name the park: Jae Valley Park. FISCAL IMPACT: The cost of the land purchase is $10. The funds are available in the Parks, Recreation and Tourism fiscal year 2016/2017 operating budget to purchase the two parcels. Development of the passive park is estimated at $50,000 to construct the necessary infrastructure. Sufficient funds are budgeted in the Parks, Recreation and Tourism fiscal Page 3 of 4 year 2016/2017 Capital Maintenance Plan for this proposed park. The annual maintenance cost for mowing the park is approximately $2,800 and can be provided for with existing staff resources. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance to purchase the two parcels from Roanoke City for $10 and to set the second reading and public hearing for September 13, 2016. Page 4 of 4 ROAN 09KFq1&' C_(?kJN F) Property Location: 3963 JAE VALLEY RD Parcel ID: 089.00-03-29.02-0000 Magisterial District: VINTON Account: 40967 Card 1 of 1 Owner Name and Mailing Address: ROANOKE CITY OF XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXX XX 99999 Current Property Assessment 2015 Total Building Value: 0 Total Land Value: 67500 Total Value: 67500 Narrative Description This property contains 9.50000 AC of land with a(n) N/A style building, Built about N/A, having primary N/A secondary N/A exterior and N/A roof cover, N/A bedroom(s), N/A full bath(s), N/A half bath(s). Property Characteristics Jurisdiction: COUNTY Legal Description: SUN VALLEY SWIM CLUB Deeded Acreage: 9.50000 AC Neighborhood: BO 18 / JAE VALLEY / WINDY GAP Estimated Acreage: 9.44288182 AC Census Block: 511610310002024 Vacant Land: YES Land Use Program: NO Sales Information Most Recent Sales Sale Date Sale Price Legal Reference Sales Description 1/1/1900 0 PBO105600813 PLAT 1/1/1900 0 DB0010560809 NEEDS REVIEW 1 5/8/2015 ROAN 09KFq1&' C_(?lJN F) Property Location: 3963 JAE VALLEY RD Parcel ID: 089.00-03-29.02-0000 Magisterial District: VINTON Account: 40967 Card 1 of 1 Zoning Information Split: NO Zoning Code Zoning Description County-AG3 County-AW/Agricultural/Rural Preserve Action No: Date: Ordinance: Name: 5/8/2015 ROAN 09KFq1&' C_(?lJN F) Property Location: 3963 JAE VALLEY RD Parcel ID: 089.00-03-29.02-0000 Magisterial District: VINTON Account: 40967 Card 1 of 1 Emergency Communications: No Airport: Yes Wellhead Protection: No Floodplain: Yes Overlay Districts Roanoke River Conservation: No *Manufactured Housing: No Clearbrook Village: No *For more Information on Roanoke County Zoning, please call 540-772-2068 or visit http://www.roanokeeountyva.�zov/1z Community Number: 510190 Flood Certificates FIRM Panel: Flood Zone: FIRM Panel: Flood Zone: FIRM Panel: Flood Zone: FIRM Panel: Flood Zone: Flood Zone Information Effective Date: Floodway: Effective Date: Floodway: Effective Date: Floodway: Effective Date: Floodway: 3 5/8/2015 ROAN 09KFq1&' C_(?kJN F) Property Location: 3963 JAE VALLEY RD Parcel ID: 089.00-03-29.02-0000 Magisterial District: VINTON Account: 40967 Card 1 of 1 Building Areas Sub Area Sketched Area Finished Area Perimeter 5/8/2015 ROAN c9KFq1&' C_(?lJN F) Property Location: 3963 JAE VALLEY RD Parcel ID: 089.00-03-29.02-0000 Magisterial District: VINTON Account: 40967 Card 1 of 1 Trash Service: MONDAY Bulk & Brush Pickup: B ROUTE Recycling: Map WILLIAM BYRD MIDDLE (6.40 miles) Recreational Center: Map BLUE RIDGE PARKWAY VISITORS CENTER (3.41 miles) Library: Map MOUNT PLEASANT BRANCH LIBRARY (2.47 miles) Elementary School: Middle School: High School: MOUNT PLEASANT WILLIAM BYRD WILLIAM BYRD Services Schools No Public Connection Website Water: No Public Connection Sewer: No Public Connection Police Station: Map Public Safety Center, 5925 Cove Rd, Roanoke VA Fire Station: Map MOUNT PLEASANT 5 5/8/2015 ROAN 09KFq1&' C_(?lJN F) Property Location: 3963 JAE VALLEY RD Parcel ID: 089.00-03-29.02-0000 Magisterial District: VINTON Account: 40967 Card 1 of 1 Broadband Providers Wireless 4G Provider Name Unload Sneed Download Sneed AT&T MOBILITY, LLC. 1.5 - 3 Mbps 3 - 6 Mbps T -MOBILE 1.5 - 3 Mbps 6 - 10 Mbps VERIZON WIRELESS 3 - 6 Mbps 10 - 25 Mbps Wireless LTE Provider Name Upload Speed Download Speed AT&T MOBILITY, LLC. 3 - 6 Mbps 10 - 25 Mbps VERIZON WIRELESS 3 - 6 Mbps 10 - 25 Mbps Wireline Cable Provider Name Upload Speed Download Speed COX COMMUNICATIONS 10 - 25 Mbps 100 - 1000 Mbps Wireline DSL Provider Name Upload Speed Download Speed VERIZON VIRGINIA, INC. 768 Kbps - 1.5 Mbps 3 - 6 Mbps 6 5/8/2015 R(.)A'40K1:A%Q- I I N I Y Property Location: 3963 JAE VALLEY RD Parcel ID: 089.00-03-29.02-0000 Magisterial District: VINTON Account: 40967 Card 1 of 1 Pictometry Tax Map f- 5/8/2015 ROAN 09KFq1&' C_(?lJN F) Property Location: 3963 JAE VALLEY RD Parcel ID: 089.00-03-29.02-0000 Magisterial District: VINTON Account: 40967 Card 1 of 1 Hybrid 5/8/2015 T C � Ai ti , 7.1 N-. Alk Al �[ IF �} ` io F Kw 4 L �'•, ate. _�, �� ��� "�� r LU a. LU 19 z` FF w l r 1 Z f, 1 , J WLL J , Q LuCD 4 _ Q Y 0. e LU 0� w ` Lu LLJ LU Q� b►d a. 4 � - tLFn �4 ... ti' �- jl. y F•r LU 4 J y M UJ A. r�r�,c R r«LU 0 7t*� ~�-• �ti � K e 0 Aw1'�i r f'. l I , � i.. ,E Property Location: 3959 JAE VALLEY RD Parcel ID: 089.00-03-29.01-0000 Magisterial District: VINTON Account: 40966 Card 1 of 1 Owner Name and Mailing Address: ROANOKE CITY OF C/O JERRY L ROUTT (LESSEE) 3959 JAE VALLEY RD ROANOKE VA 24014 Current Property Assessment 2015 Total Building Value: 0 Total Land Value: 2500 Total Value: 2500 Narrative Description This property contains 0.50000 AC of land with a(n) N/A style building, Built about N/A, having primary N/A secondary N/A exterior and N/A roof cover, N/A bedroom(s), N/A full bath(s), N/A half bath(s). Property Characteristics Jurisdiction: COUNTY Legal Description: SUN VALLEY SWIM CLUB Deeded Acreage: 0.50000 AC Neighborhood: B018 / JAE VALLEY / WINDY GAP Estimated Acreage: 0.43408034 AC Census Block: 511610310002024 Vacant Land: YES Land Use Program: NO Sales Information Most Recent Sales Sale Date Sale Price Legal Reference Sales Description 1/1/1900 0 PBO105600813 PLAT 1/1/1900 0 DB0010560809 NEEDS REVIEW 1 5/11/2015 Property Location: 3959 JAE VALLEY RD Parcel ID: 089.00-03-29.01-0000 Magisterial District: VINTON Account: 40966 Card 1 of 1 Zoning Information Split: NO Zoning Code Zoning Description County-AG3 County-AW/Agricultural/Rural Preserve Action No: Date: Ordinance: Name: 5/11/2015 Property Location: 3959 JAE VALLEY RD Parcel ID: 089.00-03-29.01-0000 Magisterial District: VINTON Account: 40966 Card 1 of 1 Emergency Communications: No Airport: Yes Wellhead Protection: No Floodplain: Yes Overlay Districts Roanoke River Conservation: No *Manufactured Housing: No Clearbrook Village: No *For more Information on Roanoke County Zoning, please call 540-772-2068 or visit http://www.roanokeco=va.gov/pzz Community Number: 510190 Flood Certificates FIRM Panel: Flood Zone: Flood Zone Information Effective Date: Floodway: 3 5/11/2015 Property Location: 3959 JAE VALLEY RD Parcel ID: 089.00-03-29.01-0000 Magisterial District: VINTON Account: 40966 Card 1 of 1 Building Areas Sub Area Sketched Area Finished Area Perimeter 5/11/2015 Property Location: 3959 JAE VALLEY RD Parcel ID: 089.00-03-29.01-0000 Magisterial District: VINTON Account: 40966 Card 1 of 1 Trash Service: MONDAY Bulk & Brush Pickup: B ROUTE Recycling: Map WILLIAM BYRD MIDDLE (6.31 miles) Recreational Center: Map BLUE RIDGE PARKWAY VISITORS CENTER (3.33 miles) Library: Map MOUNT PLEASANT BRANCH LIBRARY (2.42 miles) Elementary School: Middle School: High School: MOUNT PLEASANT WILLIAM BYRD WILLIAM BYRD Services Schools No Public Connection Website Water: No Public Connection Sewer: No Public Connection Police Station: Map Public Safety Center, 5925 Cove Rd, Roanoke VA Fire Station: Map MOUNT PLEASANT 5 5/11/2015 Property Location: 3959 JAE VALLEY RD Parcel ID: 089.00-03-29.01-0000 Magisterial District: VINTON Account: 40966 Card 1 of 1 Broadband Providers Wireless 4G Provider Name Upload Speed Download Speed AT&T MOBILITY, LLC. 1.5 - 3 Mbps 3 - 6 Mbps T -MOBILE 1.5 - 3 Mbps 6 - 10 Mbps VERIZON WIRELESS 3 - 6 Mbps 10 - 25 Mbps Wireless LTE Provider Name Upload Speed Download Speed AT&T MOBILITY, LLC. 3 - 6 Mbps 10 - 25 Mbps VERIZON WIRELESS 3 - 6 Mbps 10 - 25 Mbps Wireline Cable Provider Name Upload Speed Download Speed COX COMMUNICATIONS 10 - 25 Mbps 100 - 1000 Mbps Wireline DSL Provider Name Upload Speed Download Speed VERIZON VIRGINIA, INC. 768 Kbps - 1.5 Mbps 3 - 6 Mbps 6 5/11/2015 Property Location: 3959 JAE VALLEY RD Parcel ID: 089.00-03-29.01-0000 Magisterial District: VINTON Account: 40966 Card 1 of 1 Pictometry Tax Map 5/11/2015 Property Location: 3959 JAE VALLEY RD Parcel ID: 089.00-03-29.01-0000 Magisterial District: VINTON Account: 40966 Card 1 of 1 Hybrid 5/11/2015 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 9, 2016 ORDINANCE APPROVING THE PURCHASE OF THE JAE VALLEY PARK PROPERTY (TAX MAP NUMBERS 089-00-03-29.01-0000 AND 089-00-03-29.02-0000) FROM THE CITY OF ROANOKE AND AUTHORIZING THE EXECUTION OF A CONTRACT OF PURCHASE WHEREAS, the City of Roanoke, Virginia (the "City") owns two (2) parcels of real estate property situated on Jae Valley Road, Roanoke County, Virginia, bearing Official Tax Map Numbers 089-00-03-29.01-0000, which contains 0.5 acre, and 089-00-03- 29.02-0000, which contains 9.5 acres; and WHEREAS, the City is desirous of selling the Property to the County of Roanoke (the "County") and the County is desirous of acquiring the Property for the purposes of developing, constructing, operating and maintaining a public park; and WHEREAS, a draft Contract of Sale has been prepared between the City and the County, providing for the purchase of the property in "AS IS" condition at a total purchase price of $10.00 for both of the above-mentioned parcels located on Jae Valley Road -land WHEREAS, this ordinance authorizes the purchase of the Jae Valley Road parcels, upon the terms and conditions set out in the above-mentioned Contract, and WHEREAS, Section 18.04 of the Roanoke County Charter directs the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading for this ordinance was held on August 9, 2016. The second reading and second reading of this ordinance was held on September 13, 2016. Page 1 of 2 NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the purchase of an 0.5 acre parcel and a 9.5 acre parcel of real estate located on Jae Valley Road (Tax Map Numbers 089-00-03-29.01-0000 and 089- 00-03-29.02-0000) from the City of Roanoke, upon certain terms and conditions as set forth in a Contract of Sale, is hereby approved and authorized; and 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. Page 2 of 2 DRAFT DATE: 07.13.2016 CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract For Purchase and Sale of Real Property (Contract) is dated , 2016, by and between the City of Roanoke, Virginia, a Virginia municipal corporation (Seller or City), and County of Roanoke, Virginia, an instrumentality of the Commonwealth of Virginia (Buyer or County). RECITALS: WHEREAS, Seller is the owner of two parcels of real property, together with any buildings and improvements thereon, situated on Jae Valley Road, Roanoke County, Virginia, bearing Official Tax Map Numbers 089.00-03-29.01-0000 and 089.00-03-29.02-0000, and more particularly described in Exhibit A attached hereto and made a part hereof (collectively, the "Property"); WHEREAS, Seller is desirous of selling the Property to Buyer and Buyer is desirous of acquiring the Property for the purposes of developing, constructing, operating and maintaining a public park in accordance with the terms and conditions of this Contract; and WHEREAS, Seller will sell the Property to Buyer subject to the terms, conditions, and restrictions set forth in this Contract. THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties hereto, Seller and Buyer hereby agree the above Recitals are hereby incorporated into this Contract and that they further agree as follows: SECTION 1. DEFINITIONS. Unless the context otherwise specifies or requires, for the purpose of this Contract, the following terms shall have the meanings set forth in this Section: Adiacent Parcel: Adjacent Parcel shall mean property of Seller situated in Roanoke County, Virginia, bearing Official Tax Map Number 089-00-03-29.00-0000. Buyer's Proposal: Buyer's Proposal refers to the development of a passive public park that will provide access to the public for use of Back Creek for canoes and kayaks, and such other public recreational uses, all as more particularly described on Exhibit B attached hereto and made a part hereof. Closing: The consummation of this Contract by Seller's delivery of a Deed to the Property to Buyer. Closing Date: The date provided for in Section 10 hereof for the Closing. Contract for Jae Valley Land (Draft Date: 07.13..2016) DRAFT DATE: 07.13.2016 Contemplated Use: The development of a passive public park facility with public access to Back Creek for canoe and kayak uses. Days: Unless otherwise stated, this term means consecutive calendar days. Deed: The Deed shall be a special warranty deed, subject to all restrictions of record, the provisions of Section 10 which shall be recited in the Deed, and as set forth in the Title Commitment. Improvements: Any and all improvements, and all appurtenances thereto, located on the Property at the time of Closing. Proiect: This term means and includes the construction work to be done by Buyer over the course of 24 months after Closing as well as any related and/or connected work that may be required and/or done on the Property to result in Buyer's Contemplated Use of the Property, all in accordance with the terms and provisions of this Contract. Reservation of Easement: This term shall mean the right of Seller to reserve an easement for access across the Property for access to enter onto, and egress from the Adjacent Parcel, from time to time, and for any time, for pedestrians by foot, and by persons with vehicles and equipment, for any and all activities conducted or to be conducted on the Adjacent Parcel. The Reservation of Easement shall benefit the Adjacent Parcel and shall burden the Property and shall run with the land. The Reservation of Easement shall be included in the Deed and shall permit the Seller, its successors and assigns to enter onto the Property to construct, operate, maintain, repair and replace roadways, driveways, or other improved access across the Property from existing public streets to the Adjacent Parcel. All such construction, maintenance, operation, repair and replacement shall be at the sole cost of the owner of the Adjacent Parcel. Restriction on Use: This term shall mean the restrictive covenant included in the Deed that will restrict the use of the Property by Buyer, its successors and assigns, to public park facilities and public recreational uses that include public access to Back Creek for canoe and kayak uses. Buyer, its successors and assigns, shall include signage within the public park facilities acknowledging the collaboration between the County of Roanoke, Virginia and the City of Roanoke, Virginia in the development of these public park facilities. Such signage shall be visible to the public from Jae Valley Road. The restriction on Use shall burden the Property and shall run with the land. Substantial Completion, Substantially Complete or Completed, or Substantial Conformance: Development of the Property by Buyer in accordance with the Contemplated Use of Property and Buyer's Proposal. Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by a Title Company. Title Company: Any nationally recognized title insurance company acceptable to Buyer. SECTION 2. PURCHASE AND SALE OF PROPERTY. Contract for Jae Valley Land (Draft Date: 07.13..2016) 2 DRAFT DATE: 07.13.2016 A. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon all the terms, covenants, and conditions set forth in this Contract. B. The purchase price for the Property (Purchase Price) shall be Ten Dollars ($10.00) payable in cash or certified check from Buyer to Seller at Closing, together with performance of all other obligations of Buyer as set forth in this Contract. C. As additional consideration for entering into this Contract, Buyer agrees to cooperate with Seller in voluntarily adjusting certain boundaries between the City of Roanoke, Virginia and the County of Roanoke, Virginia, pursuant to Section 15.2-3106, et. seq., Code of Virginia (1950), as amended, as more particularly described in Exhibit C attached hereto and made part hereof (Boundary Adjustments) and diligently pursue approval of the Boundary Adjustments before the Circuit Court pursuant to Section 15.2-3108, Code of Virginia (1950), as amended.. SECTION 3. CONDITIONS PRIOR TO CLOSING. A. 1. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, Seller, as of the Closing, shall have complied with Seller's obligations, representations and warranties in this Contract, and the fulfillment to Buyer's reasonable satisfaction of Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section 10. 2. As a condition precedent to Seller's obligation to sell the Property or otherwise perform any obligations provided for in this Contract, Buyer, as of the Closing, shall have complied with Buyer's obligations, representations, and warranties in this Contract. 3. As a condition precedent to Seller's obligation to sell the Property, Buyer and Seller shall have approved the agreements for the Boundary Adjustments as described in Exhibit C attached hereto and made a part hereof and submitted the petition to the Circuit Court pursuant to Section 15.2-3108, Code of Virginia (1950), as amended. B. Buyer and/or Seller may, at any time on or before the Closing Date, at its election, waive in writing any of the other party's conditions precedent referenced in this Section 3, and Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all such conditions precedent. C. In the event that the Closing has not occurred through no fault of Seller on or before the Closing Date, Seller, by written notice given to Buyer, shall provide Buyer with a ten (10) Day cure period from the Closing Date in which to deliver the Purchase Price and proceed with Closing. If Closing has not occurred within such additional time period through no fault of Seller, this Contract shall automatically be terminated without any further action. Contract for Jae Valley Land (Draft Date: 07.13..2016) DRAFT DATE: 07.13.2016 In the event of any termination as set forth above, this Contract shall be deemed terminated and of no further force and effect. E. Upon the request of Seller, Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and environmental opinion statements, deliver copies of same to Seller. If Seller so requests, Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. G. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall at all times comply with all applicable federal, state, and local laws, rules, and regulations. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, prior to exercising any rights under Section 16, shall obtain, at their cost, any and all required permits and/or licenses for any such work. SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS. A. Obligations at Closing. Seller's Obligations. At the Closing, Seller agrees to sell to Buyer the Property and deliver the Deed to the Buyer in accordance with the terms of this Contract. 2. Buyer's Obligations. Buyer agrees and promises that it will do and/or has done the following at or prior to Closing: (i) Buyer will purchase the Property from Seller for the Purchase Price of Ten and no/100 Dollars ($10.00) and will make payment in accordance with the terms of this Contract. (ii) Buyer accepts the Property in an "AS IS" condition and acknowledges and agrees that Seller makes no representations or warranties with respect to the Property other than what is contained within this Contract. Buyer agrees that Buyer is taking the Property without any warranties or representations from Seller and that Buyer has had sufficient opportunities to fully examine the Property. (iii) Buyer acknowledges and agrees that title to the Property are subject to all liens, encumbrances, and restrictions of record, together with all restrictions Contract for Jae Valley Land (Draft Date: 07.13..2016) 4 DRAFT DATE: 07.13.2016 set forth in this Contract, including, without limitations, the Reservation of Easement and the Restriction on Use. (iv) Buyer shall enter into agreements with Seller to initiate the process to make the Boundary Adjustments in accordance with applicable laws of the Commonwealth of Virginia. (v) Buyer shall promptly pay for all advertising costs and any related fees or costs connected with this Contract and/or the sale of the Property, including, but not limited to costs for any advertisement of required public hearing(s). Such payment shall be made directly to the entity providing the advertising or other service, or to the Seller, as the Seller may direct. (vi) Buyer agrees that the conditions and obligations of Buyer under this Contract which are to be performed post -Closing are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from Seller to Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. These conditions and obligations of the Buyer which survive the Closing shall run with the land. B. Post -Closing Performance Obligations of Bum Buyer acknowledges and agrees that a part of the consideration for the Seller is the Buyer's commitment to renovate develop, and operate the Property in accordance with Buyer's Proposal and the Restriction on Use and the performance of this commitment. Buyer agrees to perform each of the following obligations in accordance with the terms and conditions set forth in this Contract. 1. ADDroval of Proiect and Commencement of Construction Activities. (a) Buyer shall, within 12 months after Closing, have completed all construction drawings and specifications for the construction of the Project, obtained all necessary permits and approvals for the construction of the Project, and commenced Construction Activity for the Project. Buyer will develop the Property in accordance with Buyer's Proposal. Completion of this development shall be pursued diligently and timely by Buyer and Buyer shall be solely responsible for satisfying its obligations hereunder. (b) If Buyer fails to commence Construction Activity within 12 months after Closing, Buyer shall be in default of this Contract and Seller may, at is sole option, acquire the Property in accordance with Section 15 hereof. For the purposes of this subsection "Construction Activity" under this Contract shall mean that Buyer has obtained necessary permits and approval from the County of Roanoke to construct the Project. Contract for Jae Valley Land (Draft Date: 07.13..2016) 5 DRAFT DATE: 07.13.2016 2. Substantial Completion of Construction. (a) All construction work necessary to complete the Buyer's Contemplated Use of the Property shall be Substantially Completed within 24 months after the Closing Date. (b) In the event that Buyer fails to satisfy its obligations pursuant to Section 4 B. 2(a) hereof, Seller may, at its sole option, demand reconveyance of the Property. In the event that Seller exercises its rights hereunder, Buyer shall reconvey the Property to Seller, free and clear of all liens and encumbrances within 30 Days after Seller makes written demand to Buyer. The rights of Seller hereunder constitute covenants running with the land and shall be prior to all liens created or granted by Buyer or involuntarily attached to, or imposed on, the title tothe Property. 3. Reports. Buyer agrees to and shall provide a written report (which may be by email) to the Seller's Assistant City Manager for Community Development advising Seller that Buyer has Substantially Completed construction of the Project in accordance with the terms of this Contract. Such report shall be provided to Seller within thirty (30) Days following Substantail Completion of construction. SECTION 5. COMPLIANCE WITH LAWS. Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements in executing the construction of the Improvements. Buyer further agrees that Buyer does not, and shall not during the construction of the Project, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. SECTION 6. ASSIGNMENT. Buyer agrees not to assign or transfer any part of this Contract without the prior written consent of Seller, which consent may be granted or withheld in the absolute discretion of Seller, and any such assignment shall not relieve Buyer from any of its obligations under this Contract. SECTION 7. INDEMNITY. Buyer agrees to require each contractor and subcontractor that performs work at the Property in connection with the construction of the Project to indemnify and hold harmless Seller and its officers, directors, and employees free and harmless for and from any and all claims, causes of action, damages or any liability of any type, including reasonable attorney's fees, on account of any claims by or any injury or damage to any persons or property growing out of or directly or Contract for Jae Valley Land (Draft Date: 07.13..2016) 6 DRAFT DATE: 07.13.2016 indirectly resulting or arising in any way out of any actions, omissions, or activities of the respective contractors, or subcontractors arising out of or connected in any way to the construction of the Project as provided in this Contract. SECTION 8. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. SECTION 9. COVENANTS AND WARRANTIES. A. In addition to any representations and warranties contained elsewhere in this Contract, Seller warrants and represents that Seller will, in accordance with this Contract, convey title to the Property in an AS IS condition and subject to any items of record. This provision shall survive Closing. B. Seller further represents and warrants with respect to the Property that: Title. Seller has title to the Property subject to all restrictions and encumbrances of record. 2. Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property. Special Taxes. Seller has no knowledge of, nor has it received any notice of, any other special taxes or assessments relating to the Property, or any part thereof. 4. Hazardous Materials. Seller makes no warranties or representations of any type regarding hazardous materials of any type with respect to the Property. Access. Ingress to and egress from the Property is available at Jae Valley Road in Roanoke County, Virginia. SECTION 10. TITLE AND CLOSING. A. Title to the Property, in accordance with the Survey, shall be conveyed by Seller to Buyer by a Deed, subject to the following: Contract for Jae Valley Land (Draft Date: 07.13..2016) 7 DRAFT DATE: 07.13.2016 1. Ad valorem real property taxes and stormwater fees for the current year, not yet due and payable; 2. Those matters of title to which Buyer has not objected to in writing (Seller agrees to take reasonable efforts to resolve matters objected to by Buyer which efforts shall not include the expenditure of funds to third parties); 3. Those matters reflected on any survey completed by Buyer and to which Buyer has not objected to in writing (Seller agrees to take reasonable efforts to resolve matters objected to by Buyer which efforts shall not include the expenditure of funds to third parties); 4. Easements and other restrictions of record as of the date of execution of this Contract by Seller, the Reservation of Easement, and the Restriction on Use; 5. Liens and objections shown on the Title Commitment; 6. Other standard exceptions contained in a Title Policy as defined in Section 10(B) below. 7. Those items and matters set forth in this Contract and that the obligations and undertakings of Buyer in this Contract shall survive Closing and be incorporated into the Deed. All of the foregoing exceptions are herein referred to collectively as the "Conditions of Title." B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company to issue, upon payment of its normal premium, to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy") insuring Buyer in the amount of the Purchase Price in respect to the Property and that title to the Property are vested in Buyer, subject only to the Conditions of Title. C. Buyer and Seller shall consummate and complete the closing of this transaction on or before , with the specific Closing date being designated by Buyer in writing to Seller at least ten (10) business days in advance thereof (the "Closing Date"). D. The purchase and sale of the Property shall be closed (the "Closing") at 10:00 A.M. on the Closing Date in the Office of the City Attorney, or at such other location, date, and time as shall be approved by Buyer and Seller. 1. On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: a) Its duly executed and acknowledged Deed conveying to Buyer the Property in accordance with the provisions of this Contract; Contract for Jae Valley Land (Draft Date: 07.13..2016) 8 DRAFT DATE: 07.13.2016 b) A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property by Seller in the one hundred twenty-five (125) Days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; C) Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by Seller, as may reasonably be required by the Title Company evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property; d) A duly executed counterpart of a Closing Statement; and e) Any other items required to be delivered pursuant to this Contract. E. At Closing, real property taxes and other fees and charges assessed against the Property by Roanoke County shall be prorated with Buyer being responsible for all periods thereafter. F. Buyer shall pay for (i) the cost of all investigations of the Property including, but not limited to, examination of title and title insurance premiums for issuance of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; and (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed. G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if any. H. Possession of the Property shall be delivered to Buyer on the Closing Date, subject to the provisions of this Contract. I. SECTION 11. CONDEMNATION. Seller has no actual knowledge of any pending or threatened condemnation of the Property. However, if, after the date hereof and prior to the Closing Date, all or any part of the Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified thereof in writing and within twenty (20) days after receipt of written notice to Buyer, Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, and thereupon this Contract shall be deemed terminated and of no further force and effect. If no such election is made by Buyer to cancel this Contract, this Contract shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and upon the Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest Contract for Jae Valley Land (Draft Date: 07.13..2016) 9 DRAFT DATE: 07.13.2016 of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 12. RISK OF LOSS. Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if such loss is the result of acts or omissions of Buyer or Buyer's employees, agents, contractors, or representatives, in which case such loss shall be Buyer's responsibility. Provided, however, if the Property is substantially damaged or destroyed before Closing by such casualty, then either party may cancel this Contract by giving the other party thirty (30) days written notice of such cancellation and neither party will have any further obligations to the other and Seller shall not be liable to Buyer for any failure to deliver the Property to Buyer. In the event of a loss due to fire or other casualty prior to completion of the Closing, all insurance proceeds for any such loss shall be payable to the Seller under all circumstances. SECTION 13. COMMISSIONS. Seller and Buyer each warrant and represent to the other that their sole contact with the other or with the Property regarding this transaction has been directly between themselves and their employees. Seller and Buyer warrant and represent that no person or entity can properly claim a right to a commission, finder's fee, or other compensation based upon contracts or understandings between such claimant and Buyer or Seller with respect to the transaction contemplated by this Contract. SECTION 14. REMEDIES. A. In the event Buyer shall have fully performed or tendered performance of its duties and obligations hereunder, but Seller fails to perform any of its duties or responsibilities in accordance with the terms and provisions hereof prior to Closing, Buyer's remedies shall be either (i) an equitable suit to enforce specific performance of such duties or responsibilities; or (ii) termination of this Contract. In the event that Buyer elects to terminate this Contract, Buyer shall provide Seller with written notice of termination and upon termination, neither party shall have any further rights or obligations under this Contract. Any and all other remedies otherwise available to Buyer, at law or in equity, are hereby expressly waived by Buyer except as otherwise specifically stated in this Contract. B. In addition to the remedy of repurchasing the Property pursuant to Section 15 of this Contract in the event of nonperformance of Buyer's obligations under Section 4.B.1 of this Contract, if Buyer either (i) fails to comply with any of the terms and conditions, or any of Buyer's obligations under this Contract that require Buyer's performance within a specific time period prior to Closing; or (ii) fails to comply with any other terms of this Contract or any other obligations of Buyer under this Contract prior to Closing after written notice of such default is Contract for Jae Valley Land (Draft Date: 07.13..2016) 10 DRAFT DATE: 07.13.2016 provided by Seller and Buyer fails to cure such default within thirty (30) Days following Buyer's receipt of such notice, then, in either event, Seller may terminate this Contract and recover any specific monetary damages directly caused by Buyer's breach. SECTION 15. SELLER'S OPTION TO REPURCHASE AND BUYER'S AGREEMENT NOT TO CONVEY THE PROPERTY. A. Notwithstanding any provision contained in this Contract or the Deed, if after 12 months from the Closing as provided in Section 4.B.1 of this Contract, Buyer or its successor(s) in interest shall not have commenced Construction Activity, as described in Section 43.1, Seller shall have the right to refund to the then record owner(s) of the Property all or any part of the original Purchase Price for the Property paid by Buyer to Seller; whereupon the then record owner(s) of the Property shall forthwith convey the Property to Seller, free and clear of mortgages, deeds of trusts, liens, or other encumbrances. In the event that the record owner(s) of the Property for any reason fails or refuses to convey title back to the Seller as required herein, Seller shall have the right to enter onto and take possession of the Property or the part thereof designated by Seller, along with all rights and causes of action necessary to have title to the Property or the part thereof designated by Seller conveyed to the Seller. B. Buyer may grant a mortgage or deed of trust on the Property provided that the holder of any such mortgage or deed of trust shall acknowledge and agree in writing that the right granted Seller pursuant to Section 15.A is superior to the mortgage or deed of trust and the holder of such mortgage or deed of trust shall discharge the mortgage or deed of trust in the event Seller exercises its right to repurchase the Property pursuant to Section 15.A. Buyer shall require that each and every lender of the Buyer that seeks to encumber the Property with a mortgage or deed of trust to acknowledge and agree to the provisions of this Section 15. SECTION 16. RIGHT OF ENTRY AND INSPECTION PERIOD. A. Buyer shall have 180 Days following the execution of this Contract to complete Buyer's due diligence review of the Property (Inspection Period) to determine if there are any issues that would prevent the Buyer's use of the Property. Should Buyer determine during such Inspection Period that it is not satisfied with the Property or any characteristics thereof for any reason whatsoever, in Buyer's sole and absolute discretion, Buyer may terminate this Contract by notifying the Seller in writing as soon as possible, but no later than ten (10) Days after the end of such Inspection Period, of Buyer's decision to terminate the Contract. In such case, this Contract shall thereupon be terminated and of no further force and effect, unless Seller and Buyer mutually agree to modify this Contract to address any such issues. B. Buyer shall comply with the insurance requirements set forth in the Contract, including the items set forth below: Neither Buyer nor any subcontractor shall enter the Property to conduct any inspections under this Section 16 until Buyer's contractors and subcontractors Contract for Jae Valley Land (Draft Date: 07.13..2016) 11 DRAFT DATE: 07.13.2016 have obtained and provided proof of the required insurance coverages to Seller, and such proof has been approved by Seller. Buyer confirms to Seller that all contractors and subcontractors have provided Buyer with proof of such insurance, or will do so prior to commencing any work under this Section 16. 2. Seller acknowledges that Buyer is self-insured. Buyer shall require its contractors and subcontractors to obtain and maintain during the Inspection Period, at their sole cost and expense, the insurance policies and/or coverages required by this section. Seller and its officers, employees, agents, assigns, and volunteers shall be added as an additional insured to the general liability and automobile coverages of any such policies and such insurance coverages shall be primary and noncontributory to any insurance and/or self-insurance such additional insureds may have. Buyer shall require each contractor and subconstractor to immediately notify in writing Seller of any changes, modifications, and/or termination of any insurance coverages and/or policies required by this Contract. Buyer shall provide to Seller with the signed Contract an Acord certificate of insurance for each contractor and subcontractor which states in the description of operations section one of the two paragraphs below: (a) Seller and its officers, employees, agents, assigns, and volunteers are additional insureds as coverage under this policy includes ISO endorsement CG 20 33 which provides that the insured status of such entities is automatic if required by a contract or a written agreement. (If additional insured status is automatic under a different coverage form, Buyer must attach a copy of the coverage form to its certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Buyer and any subcontractor under this Contract OR (b) ISO endorsement CG 20 10 will be issued, prior to the beginning of any work or other performance by Buyer under this Contract, to Seller and its officers, employees, agents, assigns, and volunteers naming them as an additional insured under the general liability coverage. (A copy of the binder confirming the issuance must be attached to the certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Buyer's contractors and subcontractors under this Section). However, if 2 (a) or (b) cannot be provided, Seller's Risk Manager, in such Manager's sole discretion, may approve such other certificate of insurance or insurance document(s) that the Risk Manager deems acceptable. Seller shall also be named as the Certificate Holder. 3. The minimum insurance policies and/or coverages that shall be provided by Buyer's contractors and subcontractors include the following: Contract for Jae Valley Land (Draft Date: 07.13..2016) 12 DRAFT DATE: 07.13.2016 (a) Commercial General Liability: $2,000,000.00 $2,000,000.00 General Aggregate Limit (other than Products/Completed Operations). $2,000,000.00 Products/Completed Operations Aggregate Limit. $2,000,000.00 Personal Injury Liability (including liability for slander, libel, and defamation of character). $2,000,000.00 each occurrence limit (b) Automobile Liability: $1,000,000.00 combined single limit (c) Workers' Compensation and Employer's Liability: Workers' Compensation: statutory coverage for Virginia Employer's Liability: $100,000.00 Bodily Injury by Accident each occurrence $500,000.00 Bodily Injury by Disease Policy Limit. $100,000.00 Bodily Injury by Disease each employee. (d) The required limits of insurance for this Contract may be achieved by combining underlying primary coverage with an umbrella liability coverage to apply in excess of the general and automobile liability policies, provided that such umbrella liability policy follows the form of the underlying primary coverage. (e) Such insurance policies and/or coverages shall provide for coverage against any and all claims and demands made by a person or persons or any other entity for property damages or bodily or personal injury (including death) incurred in connection with the services, work, items, and/or other matters to be provided under this Contract with respect to the commercial general liability coverages and the automobile liability coverages. With respect to the workers' compensation coverage, Buyer's and its subcontractors' insurance company shall waive rights of subrogation against Seller and its officers, employees, agents, assigns, and volunteers. ( 4. Proof of Insurance Coverage: (a) Buyer shall furnish Seller with the above required certificates of insurance showing the type, amount, effective dates, and date of expiration of the policies. Contract for Jae Valley Land (Draft Date: 07.13..2016) 13 DRAFT DATE: 07.13.2016 (b) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. Insurance coverage shall be in a form and with an insurance company approved by Seller, which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Section shall be authorized to do business in the Commonwealth of Virginia. 6. The continued maintenance of the insurance policies and coverages required by this Section is a continuing obligation, and the lapse and/or termination of any such policies or coverages without approved replacement policies and/or coverages being obtained shall be grounds for termination of Buyer for default. 7. Nothing contained in the insurance requirements is to be construed as limiting the liability of Buyer, and/or its contractors or subcontractors, or their insurance carriers. Seller does not in any way represent that the coverages or the limits of insurance specified are sufficient or adequate to protect Buyer's interest or liabilities, but are merely minimums. The obligation of Buyer's contractors and subcontractors, to purchase insurance shall not in any way limit the obligations of Buyer in the event that Seller or any of those named above should suffer any injury or loss in excess of the amount actually recoverable through insurance. Furthermore, there is no requirement or obligation for Seller to seek any recovery against Buyer's insurance company before seeking recovery directly from Buyer. SECTION 17. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Seller: City of Roanoke, Virginia ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Fax No. 540-853-2333 If to Buyer: County of Roanoke, Virginia ATTN: County Administrator County Administrative Building 5204 Bernard Drive Roanoke, Virginia 24018 Contract for Jae Valley Land (Draft Date: 07.13..2016) 14 DRAFT DATE: 07.13.2016 Fax No. Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. SECTION 18. TIME. Time is of the essence in the performance of the parties' respective obligations in this Contract. SECTION 19. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. SECTION 20. COUNTERPART COPIES. This Contract may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that all of the parties are not signatories to the same counterpart. SECTION 21. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. SECTION 22. SEVERABILITY AND SURVIVAL. If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining terms of this Contract, which shall continue in full force and effect. The parties intend for the provisions of this Contract to be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable by any court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make them enforceable. ALL TERMS AND CONDITIONS OF THIS CONTRACT TO BE PERFORMED BY THE PARTIES POST -CLOSING SHALL SURVIVE CLOSING. SECTION 23. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. SECTION 24. AUTHORITY TO SIGN. Contract for Jae Valley Land (Draft Date: 07.13..2016) 15 DRAFT DATE: 07.13.2016 The persons who have executed this Contract on behalf of the parties represent and warrant they are duly authorized to execute this Contract on behalf of their respective entity. SECTION 25. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by any party and does not bar the non -defaulting party from requiring the defaulting party to comply with all the terms and conditions of this Contract and does not bar the non -defaulting party from asserting any and all rights and/or remedies it has or might have against the defaulting party under this Contract or by law. SECTION 26. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2.-4343.1, be advised that Seller does not discriminate against faith -based organizations. SECTION 27. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Contract, Buyer agrees that, unless Buyer is otherwise expressly authorized by law in connection with the performance of an agreement with a governmental entity the Commonwealth of Virginia, it will perform its obligations under this Contract as follows:: (a) Buyer will not discriminate against any 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 Parcel 1 B and IA. Buyer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) Buyer, in all solicitations or advertisements for employees placed by or on behalf of Buyer, will state that Buyer is an equal opportunity employer. (c) Notices, advertisements and solicitations placed in accordance with federal laws, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. (d) Buyer will include the provisions of the foregoing subsections in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each Buyer or vendor. SECTION 28. CONFLICT BETWEEN PLANS AND CONTRACT TERMS. Contract for Jae Valley Land (Draft Date: 07.13..2016) 16 DRAFT DATE: 07.13.2016 Seller and Buyer agree that the provisions of the Plans and other documents provided by Buyer to Seller are intended to be consistent with the terms of this Contract. However, if any of Buyer - supplied documents and/or the Plans are in conflict with the terms of this Contract, the parties agree that the terms of this Contract shall control, unless the parties mutually agree otherwise in a writing signed by both parties. SECTION 29. FORCE MAJEURE. A delay in or failure of performance by any party shall not constitute a default, nor shall Seller or Buyer be in breach of this Contract, if and to the extent that such delay, failure, loss, or damage is directly caused by an occurrence beyond the reasonable control of such party and its agents, employees, Buyers, subcontractors, and consultants, which results from Acts of God or the public enemy, compliance with any order of or request of any governmental authority or person authorized to act therefore, acts of declared or undeclared war, public disorders, rebellion, sabotage, revolution, earthquake, floods, riots, strikes, labor or employment difficulties, delays in transportation, inability of party to obtain necessary materials or equipment or permits due to existing or future laws, rules, or regulations of governmental authorities or any other direct causes, and which by the exercise of reasonable diligence said party is unable to prevent. For purposes of this Contract any one delay caused by any such occurrence shall not be deemed to last longer than six (6) months and all delays caused by any and all such occurrences under any circumstances shall not be deemed to last longer than a total of six (6) months. Any party claiming a force majeure occurrence shall give the other party written notice of the same within thirty (30) Days after the date such claiming party learns of or reasonably should have known of such occurrence, or any such claim of force majeure shall be deemed waived. Notwithstanding anything else set forth above, after a total of six (6) months of delays or failure of performance of any type have been claimed as being subject to force majeure, no further delays or failure of performance or claims of any type shall be claimed as being subject to force majeure and/or being excusable delay. SECTION 30. ENTIRE CONTRACT. This Contract, together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda, or contracts are replaced in total by this Contract and the exhibits hereto. No amendment to this Contract shall be valid unless made in writing and signed by the appropriate parties. SIGNATURES APPEAR ON FOLLOWING PAGES Contract for Jae Valley Land (Draft Date: 07.13..2016) 17 DRAFT DATE: 07.13.2016 IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives. ATTEST: COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: CITY OF ROANOKE, VIRGINIA Christopher P. Morrill, City Manager The foregoing instrument was acknowledged before me this day of , 2016, by Christopher P. Morrill, City Manager for Seller of Roanoke, Virginia, a Virginia municipal corporation, for and on behalf of said municipal corporation. My commission expires: Notary Public SEAL WITNESS/ATTEST: COUNTY OF ROANOKE, VIRGINIA Thomas C. Gates, County Administrator COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this _day of , 2016, by Thomas C. Gates, the County Administrator of County of Roanoke, Virginia, an instrumentality of the Commonwealth of Virginia, for and on behalf of said instrumentality. My commission expires: Notary Public SEAL Contract for Jae Valley Land (Draft Date: 07.13..2016) 18 DRAFT DATE: 07.13.2016 Approved as to Form: Roanoke City Attorney Approved as to Execution: Roanoke City Attorney Authorized by Roanoke City Council Ordinance No. Approved as to Form: Roanoke County Attorney Approved as to Execution: Roanoke County Attorney Authorized by Roanoke County Board of Supervisors Ordinance No. Exhibit A Property Description Exhibit B Buyer's Proposal Exhibit C Boundary Adjustment Contract for Jae Valley Land (Draft Date: 07.13..2016) 19 oz N �n 0 I U o O a1 o \ o Ln Z N o N 0 N N u N N 050 YJ I � PN .00 M� Z I.Y O w m�?1:w A, U cv rn r h �N F N �\M F-aotm jz� W � �NM O I'DO Z dam w J J Z J -i J z W o O~ o ¢ o In S J w IN -.j #aa dO Z M F-4 hoLu lm w N m \ U �zaa� �n ¢o�dcno�� a °:� -i I zh�zx <u 15 oti OV J oo�'p 1 w i dwFrn c.L--j� LL] J N'ON U U Z �O / Z: M i Zw 0Qw 1N�� o�b"d'Odd,�j '��•1' / ��/ �� / / � N 41 :�- w Ls w z '� 1 b1SN j �-Q//� � � dOddO j SOI o z Q wnbls Neon M S LS/ l o W NI _ ,6£a9hiV \ � N N'S= 00 M„SI,6£o9kjV_ onto -jo o Iv �- — N O ��5 W o' tLcn)o LF) Q0 W at M Ull S11.1 b, w i cn . I w m�'"g �o m I - -- Ln U) V M C 1 I N Y/ p ^ U IN Z 2 Q I \ ON�ou S� \ g dm Ln Lu Lu O E coUNT WLL~ LI) ROAN IT COi HQ ? z E C I I ROA OK to uj .... />�` M I • w ..... / �' � � � lel z ui w A TION 00 10 �SIN Ik 00op 00 = N aLno R Z / Q to LL,� W aoTLM � N J m �Zg o o W / 0 oNE 12� C61 - W mE Li o� j Joy Q �QQ / MI QLLJ �_ m U � �� J o n �U ,!d.`, 7# z w a R T V F 2 o -D pp �'o �Zz � Q N Q) mfr F V z Q '*k, OL z z m m� I� LU 00D D Lz 2 O. Noo OV)c~n 678�g � J ACTION NO. ITEM NO. H.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: August 9, 2016 Ordinance authorizing the relocation of the following polling places pursuant to Section 24.2-306, 24.2-307 and 24.2-310 of the Code of Virginia, as Amended: (1) Bonsack Precinct (402); (2) Catawba Precinct (101) Judith Stokes Registrar APPROVED BY: Thomas C. Gates County Administrator ISSUE: Authorization to move the Catawba Precinct (101) and Bonsack Precinct (402) polling places. BACKGROUND: The Roanoke County Electoral Board desires to move the Catawba Precinct (101) polling place in the Catawba Magisterial District from the Catawba Recreation Center to Grace Assembly of God Church located at 5530 Catawba Valley Drive, Catawba, Virginia 24070; and the Bonsack Precinct (402) polling place in the Vinton Magisterial District from Bonsack United Methodist Church to Bonsack Elementary School located at 5437 Crumpacker Drive, Roanoke 24019. Changes in polling places must be enacted at least sixty days prior to an election and a notice shall be mailed to all registered voters in these two precincts at least fifteen days prior to the next election advising them of their new voting location. DISCUSSION: In anticipation of increased voter turnout for the November 8, 2016 Presidential Election, the Board believes moving these two polling locations will better serve the voters, as well as the Election Officials. Page 1 of 2 The fellowship hall at Grace Assembly of God Church will provide a larger space for setting up the voting equipment, additional convenient parking, excellent ADA accessibility, and a covered entrance for those voters requiring curbside voting. Relocation to Bonsack Elementary School will likewise provide for more voting space and greater accessibility for voters. There have been no changes since the first reading held on July 19, 2016. FISCAL IMPACT: The fiscal impact, including the required legal notice and postage for mailing notification to the voters, will be $1,865. The expenses will be paid out of the current budget appropriation for Elections, and no additional funding is being requested. STAFF RECOMMENDATION: Staff recommends approval of 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, AUGUST 9, 2016 ORDINANCE AUTHORIZING THE RELOCATION OF THE FOLLOWING POLLING PLACES PURSUANT TO SECTION 24.2-306, 24.2-307, AND 24.2-310 OF THE CODE OF VIRGINIA, AS AMENDED: (1) CATAWBA PRECINCT (101); AND (2) BONSACK PRECINCT (402) WHEREAS, Sections 24.2-306, 24.2-307, and 24.2-310 of the Code of Virginia (1950), as amended, authorize the governing body of each county to establish the polling place for each precinct in that jurisdiction by ordinance; and WHEREAS, the citizens of Roanoke County, as well as the election officials, will be better served by the relocation of certain polling places; and WHEREAS, the November 8, 2016, Presidential Election will likely result in increased voter turnout; and WHEREAS, the election officials have determined that the proposed polling places will provide more space for voting equipment, higher security to assure citizen and equipment safety, additional and more convenient parking, and better accessibility for citizens, not only for November 2016, but for all future elections; and WHEREAS, the first reading of this ordinance was held on July 19, 2016, and the second reading of this ordinance and public hearing were held on August 9, 2016. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the relocation of the following polling places be and is hereby approved as follows: Page 1 of 2 (1) Catawba Precinct (101) polling place in the Catawba Magisterial District be relocated from the Catawba Recreation Center located at 4965 Catawba Creek Road, Catawba, Virginia 24070 to the Grace Assembly of God Church located at 5530 Catawba Valley Drive, Catawba, Virginia 24070; and (2) Bonsack Precinct (402) polling place located in the Vinton Magisterial District be relocated from Bonsack United Methodist Church located at 4493 Bonsack Road NE, Roanoke, Virginia 24012 to Bonsack Elementary School located at 5437 Crumpacker Drive, Roanoke, Virginia 24019 located in the Hollins Magisterial District, which is within one mile of the precinct boundary as allowed by state law. 2. That the General Registrar for the County of Roanoke, Virginia is hereby authorized to take all measures necessary to comply with Virginia law and regulations regarding a change in a polling precinct and for reasonable notification to the voters of this change in their respective polling location. 3. That the County Administrator and the General Registrar are hereby authorized and directed to take such others actions as may be necessary to accomplish the intent of this ordinance. 4. That this ordinance shall take effect immediately. Page 2 of 2 0 L U 0 U U L co T N EL O U co � N O awU Y � z co M U) LO LOc O m we z 00 UU 00 00 m m U (V V U +J co M) d O Y O) L U Co _ O O 0 d � � N m CO W U co cn C 0 rJ 0 0o ww Y Y 00 z QQ 00 OfOf LL LL 00 mm L coo d c C3).2 O L d U N O) � C Co �-0 wCOCO co U Y N N co co (0 LO rn -j- ♦:I Y W W Of (-)Lr) �� /`/— W! H w V- ACTION NO. ITEM NO. 1.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: All open appointments. BACKGROUND: August 9, 2016 Appointments to Committees, Commissions and Boards Deborah Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator 1. Board of Zoning Appeals (appointed by District) The Windsor Hills Magisterial District representative has passed away. Mr. Karr's five (5) -year term expires June 30, 2016. 2. Budget and Fiscal Affairs Committee (BFAC) (appointed by District and At - Large) The Budget and Fiscal Affairs Committee shall be comprised of eleven (11) members with each Board Supervisor having an appointment, five members appointed jointly by the Board of Supervisors, and one ex officio appointment representing County Administration. Mr. Gates is currently working with the Board on recommendations to this committee. 3. Clean Valley Council (At Large) Adam Cohen has resigned his appointment to the Clean Valley Counsel. His three- year term expired June 30, 2015. Page 1 of 2 4. Economic Development Authority (EDA) (appointed by District) The following four-year term expired on September 26, 2015: a) Greg Apostolou, representing the Hollins Magisterial District is eligible for reappointment DISCUSSION: There is no discussion associated with this agenda item. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: There is no staff recommendation associated with this agenda item. Page 2 of 2 J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 9, 2016 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for August 9, 2016, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6 inclusive, as follows: 1. Approval of minutes — May 24, 2016; June 14, 2016; June 28, 2016 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to James Stanley, Police Officer IV, upon his retirement after thirty-one years of service 3. Resolution donating Railroad Caboose N&W 55734 to the Roanoke Chapter of the National Railway Historical Society 4. Request to accept and allocate grant funds in the amount of $33,266 from the Virginia Department of Health for the purchase one heart monitor for use on ambulances 5. Request to accept and allocate grant funds in the amount of $9,891.50 from the Virginia Department of Transportation (VDOT) for the improvement of the drainage system at Tanglewood Drive project 6. Confirmation of appointment to the Roanoke Valley Greenway Commission; Western Virginia Water Authority Page 1 of 1 ACTION NO. ITEM NO. J.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: August 9, 2016 Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to James Stanley, Police Officer IV, upon his retirement after thirty-one years of service Deborah Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator Recognition of the retirement of James Stanley BACKGROUND: James Stanley, Police Office IV, retired on July 1, 2016, after thirty-one years of service with the Roanoke County Police Department. Officer Stanley is unable to attend the meeting and his resolution and quilt will be mailed to his home. DISCUSSION: There is no discussion associated with this agenda item. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 9, 2016 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO JAMES H. STANLEY, JR., POLICE OFFICER IV, UPON HIS RETIREMENT AFTER THIRTY-ONE YEARS OF SERVICE WHEREAS, James H. Stanley, Jr. was employed by Roanoke County on June 15, 1985; and WHEREAS, James H. Stanley, Jr. retired on July 1, 2016, after thirty- one years of devoted, faithful and expert service to Roanoke County; and WHEREAS, Police Officer Stanley served as a Patrol Officer and Detective during his tenure with Roanoke County and has served with professionalism and dedication in providing services to the citizens of Roanoke County; and WHEREAS, during Mr. Stanley's time serving the citizens of Roanoke County, he was a deputy sheriff, trained and certified to be a Youth and Family Officer, D.A.R.E instructor, School Resource Officer, Honor Guard member, Defensive Tactics and Academy instructor. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to JAMES H. STANLEY, JR. for thirty-one 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 1 of 1 ACTION NO. ITEM NO. J.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: August 9, 2016 Resolution donating Railroad Caboose N&W 55734 to the Roanoke Chapter of the National Railway Historical Society SUBMITTED BY: Stephen Simon Chief of Fire and Rescue APPROVED BY: Thomas C. Gates County Administrator ISSUE: Approval of a Resolution to declare an existing railroad caboose as surplus property and authorization to donate surplus property to the National Railway Historical Society. BACKGROUND: Roanoke County Fire and Rescue maintains as part of its equipment inventory an outdated and inoperable railroad caboose (N&W 557734). The train caboose is located at the Roanoke Valley Regional Fire and EMS Training Center. Once used for training, the current condition of the caboose does permit its safe use by Fire and Rescue staff. There is no other known public purpose for the vehicle. The Director of the Roanoke Chapter of the National Railway Historical Society ("NRHS") has requested the donation of the caboose to the Roanoke Chapter of the NRHS. The Roanoke Chapter of the NRHS is willing and able to remove the Caboose from its present location and to cover all costs of such removal. DISCUSSION: There is no discussion associated with this agenda item. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the resolution declaring Railroad Caboose N&W 557734 to be surplus and donating the caboose to the National Railway Historical Society. 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 AUGUST 9, 2016 RESOLUTION DONATING RAILROAD CABOOSE N&W 557734 TO THE ROANOKE CHAPTER OF THE NATIONAL RAILWAY HISTORICAL SOCIETY WHEREAS, the Fire and Rescue Department of Roanoke County possesses an outdated and inoperable railroad caboose, N&W 557734 (the "Caboose"), which is located at the Roanoke Valley Regional Fire and Rescue Training Center; and WHEREAS, the Caboose, in its present condition, presents safety concerns and cannot reasonably be used for any other public purpose; and WHEREAS, the Fire and Rescue Department of Roanoke County declares the Caboose to be surplus property, pursuant to Section 16.01 of the Charter of Roanoke County; and WHEREAS, the Director of the Roanoke Chapter of the National Railway Historical Society ("NRHS"), Steve Smith, has provided a formal, written request for the donation of the Caboose to the Roanoke Chapter of the NRHS; and WHEREAS, Section 15.2-953 (B) of the Code of Virginia provides that a governing body of a County is authorized to make gifts and donations of property to any charitable institution or not-for-profit organization; and WHEREAS, the National Railway Historical Society is recognized as a 501(3)(c) historical and educational organization and is registered with the Internal Revenue Service (IRS) as a not-for-profit and tax-exempt organization; and WHEREAS, The Roanoke Chapter of the NRHS is willing and able to remove the Caboose from its present location and to cover all costs of such removal. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that: 1. Railroad Caboose N&W 557734 is declared to be surplus. 2. The donation of the Caboose to the Roanoke Chapter of the National Railway Historical Society is hereby authorized. 3. The Roanoke Chapter of the NRHS may remove the Caboose from its present location within sixty (60) days of the execution of this resolution and shall cover all costs of such removal. ACTION NO. ITEM NO. JA AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: August 9, 2016 Request to accept and allocate grant funds in the amount of $33,266 from the Virginia Department of Health for the purchase one heart monitor for use on ambulances Stephen Simon Chief of Fire and Rescue Thomas C. Gates County Administrator Acceptance and allocation of a grant in the amount of $33,266 from the Virginia Department of Health to purchase one heart monitor for use on ambulances. BACKGROUND: The Virginia Department of Health awarded the Fire and Rescue Department a grant in the amount of $33,266 to purchase one heart monitor for use on ambulances. DISCUSSION: The grant will provide funding for Fire and Rescue to purchase one heart monitor for use on the ambulances. The purchase will replace a unit that is outdated. FISCAL IMPACT: Awarded grant funds total $33,266 which includes a required local match of 50%. The Roanoke County Fire and Rescue Department budget will fund the required State match of ($16,633) from existing operating funds. STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds to the Fire and Rescue Page 1 of 2 Department in the amount of $33,266 from the Virginia Department of Health. Page 2 of 2 ACTION NO. ITEM NO. J.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: August 9, 2016 Request to accept and allocate grant funds in the amount of $9,891.50 from the Virginia Department of Transportation (VDOT) for the improvement of the drainage system at Tanglewood Drive improvement project Tarek Moneir Deputy Director of Development Thomas C. Gates County Administrator Accept and allocate grant funds in the amount of $9,891.50 from VDOT for the Tanglewood Drive improvement project. BACKGROUND: VDOT Revenue Sharing grant funds provided funding for the Tanglewood Drive drainage improvement project which included Meadowlark Lane and Hummingbird Lane. DISCUSSION: The construction of the improvement project incurred additional costs of $9,891.50 as a result of a waterline relocation, additional pavement, and curb replacement within the public right of way. The VDOT revenue sharing grant program provided the additional funds needed for the project. FISCAL IMPACT: Awarded grant funds from VDOT total $9,891.50 and requires no match from the County. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends acceptance and allocation of grant funds to the Community Development Department in the amount of $9,891.50 from VDOT. Page 2 of 2 ACTION NO. ITEM NO. J_6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: August 9, 2016 Confirmation of appointment to the Roanoke Valley Greenway Commission; Western Virginia Water Authority Deborah Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator Confirmation of appointments. BACKGROUND: Roanoke Valley Greenway Commission: Bob Blankenship's three-year term expires on June 30, 2016, and he did not wish to be reappointed. Western Virginia Water Authority The four-year term of H. Odell Minnix on the Authority expired on June 30, 2016. DISCUSSION: Roanoke Valley Greenway Commission: Staff has recommended the appointment of Frank Simms to a three-year term that will expire June 30, 2016. Western Virginia Water Authority: After interviewing candidates, it is the consensus of the Board to appoint Randall Page 1 of 2 Hancock to this Authority to a four-year term that will expire June 30, 2020. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends the confirmation of these appointments. Page 2 of 2 r J co w�rvno01 N O N O O +m+ O •� & CL N 00 m N rl V M O M N O N Ill O n O 4, Ln l0 01 c , s N m V u O O 0) O O bD M r O m O V a O C 0) Vf 0) O �O o ; O 14 O 14w m00 N O M 00 N m w Ln o L U Q. c M U') Ln 00 OL N N r m N N m c D N 0 O N U') U O C m N U C � � L•— C (D O L ++ O N 0b0 ++ M O1 O c N � l0 c^I lD OO W N O N m E N Ol U O 3 41 m m v h v a v Q Q m o Q o Q c a a—° D Q Q m L-2 COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Outstanding Outstanding June 30, 2016 Additions Deletions August 9, 2016 General Obligation Bonds $ 4,497,704 $ VPSA School Bonds 95,654,875 Lease Revenue Bonds 75,902,803 Submitted By Approved By $ 176,055,382 $ Rebecca E. Owens Director of Finance Thomas C. Gates County Administrator $ - $ 4,497,704 8,159,100 87,495,775 - 75,902,803 $ 8,159,100 - $ 167,896,282 ACTION NO. ITEM NO. M.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: August 9, 2016 Work session to present the Explore Park Master Plan Doug Blount Director of Parks Recreation and Tourism Thomas C. Gates County Administrator This time has been set aside to present the Explore Park Master Plan. BACKGROUND: Roanoke County, working with consultant experts and citizens of the community, has developed a master plan for Explore Park. An associated business plan and infrastructure analysis have also been developed in demonstrate the feasibility of the master plan. The Explore Park master plan's purpose is to: 1. Create a long term road map for decision-making; 2. Understand connections among local, regional, and national park trends; 3. Design a site plan to capitalize on existing and potential uses and resources; 4. Generate an effective business strategy for both public and private investment; 5. Determine appropriate locations and necessary investments in park infrastructure and utilities; and 6. Raise awareness and foster stewardship for Explore Park and Roanoke County. As a part of the citizen engagement effort of the master planning process, Roanoke County actively encouraged citizens to discuss their outdoor recreation needs and interests. Twelve stakeholder and six community meetings were held during the 12 month process with more than 300 citizens attending the meetings. Roanoke County also utilized an online survey tool to collect feedback from citizens. The survey Page 1 of 3 produced 1137 responses. The master plan project was completed in June 2016. DISCUSSION: The Explore Park plan focuses on expanding recreational opportunities such as hiking/biking trails, river access, overnight camping, festivals/music and educational programs based on the park's unique environmental and cultural history - all while preserving the park's natural beauty. The citizens while understanding that a fully destination for outdoor recreation. plan considers the interests and needs of developed Explore Park will be a tourist Benefiting from the popularity and attractiveness of the Blue Ridge Parkway, Explore Park will offer numerous outdoor recreational opportunities in close proximity to a metropolitan core. The master plan provides a "trail map" of phased development to be accomplished over the next 20 years. Phasing of the development allows for a systematic approach for the park's growth while ensuring a positive economic impact and return on investment. Key components of proposed plan include: In -river kayak park Roanoke River Greenway connection Overnight accommodations Food/retail/equipment rental operations Zip-line/aerial park Bike Skills Park Disc golf course Event venues River access Private development Partnerships and volunteers Grants and alternative funding sources Programs FISCAL IMPACT: For fiscal year 2016/2017, $800,000 has been appropriated for the water and sewer project to the entrance of Explore Park in the 10 -year Capital Improvement Plan. Additional infrastructure investments will be required and will be detailed during the work session. Page 2 of 3 STAFF RECOMMENDATION: There is no staff recommendation. Page 3 of 3 0, O U N Rt,130 HESTNUT CAR RI'OGE 30 AR{HFRY COURSE _ AND RANGE #•"� �4 .. _ i I ' THpp F " �ti A"YFLOWER FARM` 9 r TE+*MIA FLUVVE�I F A R K+C' ". ' CAMP�GRQU�N 40rip A k ;r FLOWER GREE PALMER'Se RA I.N q R+ A k3 (f P9 C} 1 1 ED + r r f SA 00, M ACTION NO. ITEM NO. N.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: August 9, 2016 Public Hearing for citizen comment and consideration of a resolution approving and adopting the Roanoke County Community Strategic Plan Daniel O'Donnell Assistant County Administrator Thomas C. Gates County Administrator Conduct a public hearing for citizen comment on the proposed Community Strategic Plan, followed by consideration of a resolution by the Board of Supervisors for the adoption of the Community Strategic Plan. BACKGROUND: In September of 2015 the Board of Supervisors held a retreat to discuss crafting Roanoke County's first ever Community Strategic Plan. The consensus of the Board at that time was to move forward with engaging the community to develop a strategic plan to provide a vision and strategy to be used in shaping the community over the next five years. After an inclusive eleven month process that utilized a statistically valid telephone survey of Roanoke County residents, 20 focus group meetings, 4 Community Meetings and a 30 day open comment period, the draft Community Strategic Plan is now ready for a public hearing and consideration for adoption by the Board of Supervisors. Nearly 900 citizens and community partners provided input into the draft plan to be considered for adoption through the public engagement mechanisms listed above, making this process the most open and inclusive community engagement process in recent County history. If adopted the plan will provide the Board of Supervisors, County Departments and the County's regional partners with a broad strategy through which to filter budgets, policies and projects over the next five years. The plan will also provide a cornerstone for a hierarchy of other organizational work to be pursued including an organizational strategic plan (currently under development), Page 1 of 3 departmental work plans and individual employee performance plans. Adoption of the Community Strategic Plan is not an end, rather it is the beginning of a strategic process to align all of the plans and policies of the County with the vision developed by the Board of Supervisors in concert with the citizens. DISCUSSION: The Community Strategic Plan document starts with the Vision Statement developed by the Board of Supervisors in a January, 2016 Board Retreat. The vision statement is as follows: "Roanoke County is a vibrant, innovative and scenic community that values its citizens, heritage and quality of life." The plan then describes the seven broad Strategic Initiatives that are the result of input from 604 respondents in a telephone survey performed on behalf of the County by Roanoke College's Institute for Policy and Opinion Research, and through 18 separate and 2 combined focus group meetings wherein strategic topics, goals and objectives were prioritized. Nearly 300 individuals participated in one or more of these meetings. The Strategic Initiatives are as follows: Connect Roanoke County to the World Position Roanoke County for Future Growth and Success Promote Neighborhood Connections Ensure Citizen Safety Be a Caring and Inclusive Community Promote Lifelong Learning Keep Roanoke County Healthy, Clean and Beautiful For each Strategic Initiative the draft plan lists a series of objectives to be pursued by the community over the next five years. If adopted, these objectives will be utilized by County departments to form their work plans, and the departments will develop specific outcome measurements as part of their annual budgetary planning process. These outcome measurements will be used to gauge the progress of the County in reaching its strategic vision. The Community Strategic Plan will also be widely shared with the County's regional partners so that their activities can be planned consistently with the County's strategic direction. FISCAL IMPACT: There is no direct fiscal impact from the adoption of the Community Strategic Plan, however it will provide guidance to ensure that budgetary and policy decisions are pursued in order to efficiently and effectively realize the strategic direction formed Page 2 of 3 through consensus of the Board of Supervisors, County citizens and Roanoke County's regional partners. STAFF RECOMMENDATION: Staff recommends approval of the resolution to approve and adopt Roanoke County's first ever Community Strategic Plan. Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATOR CENTER ON TUESDAY, AUGUST 9, 2016 RESOLUTION APPROVING AND ADOPTING THE ROANOKE COUNTY COMMUNITY STRATEGIC PLAN WHEREAS, on September 15, 2015, the Board of Supervisors held a retreat to discuss the development of Roanoke County's first ever Community Strategic Plan; and WHEREAS, at the September 15, 2015 retreat, the Board of Supervisors reached consensus to move forward with the development of such plan; and WHEREAS, in November and December of 2015 Roanoke County conducted a statistically valid telephone survey of 604 County residents through the Roanoke College Institute of Policy Opinion and Research to provide baseline data concerning issues of strategic concern to the citizenry; and WHEREAS, on January 31, 2016, the Board of Supervisors held a second retreat to consider the results of the telephone survey, develop a Vision Statement and affirm focus areas through which to gather public input; and WHEREAS, a series of 20 focus group meetings were held between February and April 2016 in which 276 Roanoke County citizens and regional partners discussed and reached consensus on the strategic initiatives to be pursued over the next five years for the community; and WHEREAS, Roanoke County staff drafted the Community Strategic Plan, held four Community Meetings to gain further citizen input, and made the draft plan available for public review between June 3 and July 3, 2016; and WHEREAS, additional public comments were collected on-line concerning the content of the draft Community Strategic Plan between June 3 and July 3, 2016; and Page 1 of 2 WHEREAS, the Board of Supervisors held a work session on July 19, 2016, to discuss the draft Community Strategic Plan and review the public comments; and WHEREAS, a public hearing was held on August 9, 2016, to receive additional public comment on the draft Community Strategic Plan NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Roanoke County Community Strategic Plan is hereby adopted as policy by the Roanoke County Board of Supervisors. 2. That the Community Strategic Plan will be utilized by the Board of Supervisors and County departments, and shared with the County's regional partners, to help guide budgetary, project and service delivery decisions over the next five years. 3. That the Resolution is effective from the date of and after its adoption. Page 2 of 2 MI 12' ARM R. ll� I AIr tTx About the Community Strategic Plan In September 2015, the Roanoke County Board of Supervisors approved a community-based process as the foundation for creating a strategic plan to guide Roanoke County for the next several years. From that meeting an eight month, community - focused public input process was created to document and prioritize the services, amenities, and projects our citizens envision for Roanoke County's future success. As our largest community-based initiative to date, the Community Strategic Plan documented hundreds of citizen ideas throughout the process. While the Strategic Initiatives outlined in the plan paint a broad picture of the community our citizens want to achieve, specific projects to support these initiatives will be developed by the County's various departments in the months and years to come. One important outcome of this campaign has been to open the conversation between leadership and citizens about how to best shape our collective future, while keeping in mind the reality of the County's finances. Just as the Community Strategic Plan will provide guidance to Roanoke County's elected leaders and administration, the initiatives within the plan will also validate the work of other community plans, corridor studies, and future updates to Roanoke County's Comprehensive Plan. The ideas in this Community Strategic Plan set the stage for future development and re -development within the County, while helping to create and improve the amenities, educational opportunities, and services that are vital to the high quality of life we all desire. We thank the many citizens and business leaders who took part in the development of this plan, and for openly sharing their concerns, ideas, and individual goals for a better community. Most of all, we appreciate everyone who invested their time and energy to help make Roanoke County an even better place to raise a family and enjoy life for many years to come. P. Jason Peters, 2075-2076 Chairman, Roanoke County Board of Supervisors Thomas C. Gates, Roanoke County Administrator Contents Introduction.................................................................................................. 4 What is a Strategic Plan?.......................................................................... 5 Relationship to Other Plans and Documents ................................... 6 Strategic Planning Process......................................................................8 Strategic Initiatives...................................................................................11 CONNECT ROANOKE COUNTY TO THE WORLD POSITION ROANOKE COUNTY FOR FUTURE ECONOMIC GROWTH PROMOTE NEIGHBORHOOD CONNECTIONS ENSURE CITIZEN SAFETY BE A CARING AND INCLUSIVE COMMUNITY PROMOTE LIFELONG LEARNING KEEP ROANOKE COUNTY HEALTHY, CLEAN AND BEAUTIFUL Tying Strategic Initiatives to the Vision............................................26 Community Strategic Plan Implementation...................................27 Acknowledgments...................................................................................28 Supplemental Materials on the Web.................................................29 Roanoke County Community Strategic Plan - 3 - www.RoanokeCountyVA.gov/CSP Introduction In September 2015, the Roanoke County Board of Supervisors met to discuss the County's first-ever Community Strategic Plan. The Board agreed that a primary objective for the process would be gathering input from the community that would help shape the strategic direction of Roanoke County for the next five years. This Community Strategic Plan is the culmination of the community- based planning process that resulted from that initial discussion. Engaging the Community Understanding the needs of the community is vital to a community strategic planning process and civic engagement is an essential element to the plan's success. Community input was embraced throughout the process and various methods were utilized to gain the public's input including: • Citizen Telephone Survey; • Focus Group Public Meetings; • 30 -day Comment Period on the Draft Plan; • Community Meetings; and • Public Hearing. In addition to engaging the community, keeping the public informed about the strategic planning process over several months was also a priority. Public outreach about the plan's progress included: • Press releases and social media outreach; • On -air television Interviews; • Public service announcements; • Staff presentations to civic, business, and County organizations; • E -Newsletters and email updates; and • A dedicated Community Sy trategic Plan website. Civic Engagement By The Numbers • 604 telephone survey responses . 276 focus group participants . 18 focus group meetings held over nine weeks Roanoke County Community Strategic Plan - 4 - www.RoanokeCountyVA.gov/CSP What is a Strategic Plan? As this is Roanoke County's first-ever Community Strategic Plan, it is important to clearly define what the plan is and how it will be used. A Community Strategic Plan is much more than a document. Rather, it is a systematic process of engaging community leaders and citizens to envision a desired future for the community and translating this vision into broadly defined goals and measurable objectives to achieve those goals. Important concepts in this definition are the following: "Engaging community leaders and citizens" Throughout the strategic planning process, the County utilized a variety of methods to engage community leaders and citizens to help shape the future direction of the County. "Envision a desired future" As part of the strategic planning process, the following Vision Statement was developed in January 2016: Vision Statement Roanoke County is a vibrant, innovative, and scenic community that values its citizens, heritage, and quality of life. The Vision Statement recognizes that a successful future for Roanoke County depends on: • facilitating positive change; • recognizing and promoting our great natural beauty, outdoor -oriented lifestyle, and amenities; • including people from all segments of the community; • cherishing the traditional values of our community; and • recognizing and promoting the overall excellent quality of life enjoyed by citizens. "Broadly defined goals and measurable objectives to achieve them" The broadly defined goals of the Community Strategic Plan are the result of the public input received, and have been developed into Strategic Initiatives found later in this document. Specific actions and performance measures used to gauge progress toward these initiatives will be included in future departmental business plans. Roanoke County Community Strategic Plan - 5 - www.RoanokeCountyVA.gov/CSP Relationship to Other Plans and Documents The Community Strategic Plan will influence other County planning efforts. Its purpose is to provide guidance and consistency as policy makers and staff develop more specific plans, programs, and activities to serve the needs of the public. Some of the other plans that will be revised, developed and implemented are as follows: Comprehensive Plan The Comprehensive Plan is a blueprint for the future growth and development of the County. It provides direction and guidance, for both the public and private sectors, in making decisions about land development, public services, and resource protection. State law requires the County to review its Comprehensive Plan every five (5) years. Since 2005, the County has reviewed and updated the Comprehensive Plan by developing Community Plans. These have included plans for Route 220, Route 221, Mount Pleasant, Hollins, Vinton, and Glenvar. While the Community Strategic Plan does not plan land use, it does provide overall guidance on how the community wants to develop in the future. Annual Fiscal Plan and Capital Improvement Program Every year the Board of Supervisors approves an annual budget for the upcoming fiscal year beginning July 1. The budget is the Annual Fiscal Plan and allocates county funds to departments, programs, and projects. Roanoke County's annual budget also contains a ten-year plan for capital projects known as the Capital Improvement Program (Cl P . Although only the first year of the CIP has funds appropriated in the budget, it is the long-range plan for buildings and equipment with a lifespan of ten years or more and a cost of over $100,000. Organizational Strategic Plan Roanoke County is in the process of creating an internal Organizational Strategic Plan. The Organizational Strategic Plan will identify strategies to be used by departments and employees to align the County's organization with the initiatives found within this Plan. To realize the vision of the Community Strategic Plan, it is vital to have an efficient organization dedicated to providing the services desired by our citizens. Roanoke County Community Strategic Plan - 6 - www.RoanokeCountyVA.gov/CSP Relationship to Other Plans and Documents Departmental Business Plans As part of the annual budget process and development of the Annual Fiscal Plan, County departments will use the initiatives from the Community Strategic Plan to plan major activities in upcoming fiscal years. Performance measurements developed in these departmental plans will help measure Roanoke County's progress in achieving the community's vision and desires reflected in the Community Strategic Plan. Roanoke County Comprehensive Plan Capital Improvement Program (CIP) -A+ COMMUNITY STRATEGIC PLAN Annual Fiscal Plan Organizational Strategic Plan (in Process) Select any plan above to learn more. Roanoke County Community Strategic Plan - 7 - www.RoanokeCountyVA.gov/CSP Strategic Planning Process First Retreat, September 2015 On September 15, 2015, the Board of Supervisors, the County Administrator, and senior staff met to discuss the creation of a Community Strategic Plan. It was agreed at that time to move forward with the community strategic planning process. Telephone Survey, October -December 2015 Roanoke College's Institute for Policy and Opinion Research conducted a statistically valid telephone survey in the fall of 2015. The purpose of the survey was to determine what citizens believed were the major strategic issues facing the County along with rating the importance and quality of County services. Six hundred and four citizens responded to the telephone survey. The survey data showed that: • improving economic development, ensuring a high-quality education system, and strong public safety services were the top citizen concerns; • over 90 percent believed the overall quality of life was good or excellent in Roanoke County; • the County should maintain its high quality of life by concentrating on economic development, education, and promoting the County's outdoor amenities; • improvements to the transportation system are needed; and • most County services were rated high in importance and quality, with public safety and education services rated very high. Second Retreat, January 2016 In January of 2016 the Board of Supervisors held a second retreat to review the telephone survey data and discuss the values reflected in the results. The Board developed the Vision Statement for the plan and established the six focus areas for community engagement at this retreat. Roanoke County Community Strategic Plan - 8 - www.RoanokeCountyVA.gov/CSP Strategic Planning Process Focus Group Meetings, February—April 2016 Six community-based focus groups were established to receive public input for the Community Strategic Plan, one for each of the six focus areas established at the January 2016 retreat. Each focus group was hosted by one or more Board members or the Superintendent of Schools, with two senior staff members serving as lead facilitators for each group. County staff from several departments served as small - group facilitators or recorders for each focus group meeting. Focus groups met three times from February 29 through April 7 to determine strategic topics, goals, and objectives for each focus area. The focus groups worked in small breakout sessions and engaged in active discussions regarding their respective focus areas. Group consensus was reached on the most important topics, goals, and objectives for each group. A steering committee of several lead staff facilitators reviewed and consolidated the focus group information. What emerged was a clear picture of common themes and overlapping priorities among the focus groups. These common themes were used to develop several broad Strategic Initiatives that will shape the direction of the community over the next five years. At the fourth combined focus group meetings, staff presented proposed Strategic Initiatives developed from each focus group's priorities and received public comment on these proposed initiatives. Focus Group Areas Economic Development Transportation Education UCommunity Health ` 4 and Well -Being Public Safety Roanoke County Community Strategic Plan - 9 - www.RoanokeCountyVA.gov/CSP Strategic Planning Process Community Meetings, June 2016 Two open house -style community meetings were held to receive additional comments on the proposed plan and initiatives. Comments were submitted at the meetings listed below, and on our website from June 3, 2016 through July 5, 2016. The community meetings were held: • Thursday, June 16 Vinton War Memorial 3 p.m. to 5 p.m. and 7 p.m. to 9 p.m. 13 attendees • Monday, June 27 South County Library 3 p.m. to 5 p.m. and 7 p.m. to 9 p.m. 27 attendees Work Session and Public Hearing, July -August 2016 The Board of Supervisors held a work session on July 19, 2016 to discuss recommended edits to the draft Community Strategic Plan. A public hearing on the draft Community Strategic plan has been scheduled for August 9, 2016. )rO peve reratiom jurlsdictjc Road, M Zr� Roanoke County Community Strategic Plan - 10 - www.RoanokeCountyVA.gov/CSP Throughout the strategic planning process, many citizens provided valuable input on the issues facing the County. This input was instrumental in helping to shape the future direction of the County and was used to develop several Strategic Initiatives that will guide the County over the next several years. These initiatives will be used to realize the County's Vision and measurable indicators will be developed to gauge progress toward these initiatives over time. The seven Strategic Initiatives are: CONNECT ROANOKE COUNTY TO THE WORLD POSITION ROANOKE COUNTY FOR FUTURE ECONOMIC GROWTH PROMOTE NEIGHBORHOOD CONNECTIONS ENSURE CITIZEN SAFETY BE A CARING AND INCLUSIVE COMMUNITY PROMOTE LIFELONG LEARNING KEEP ROANOKE COUNTY HEALTHY, CLEAN, AND BEAUTIFUL Each Strategic Initiative is comprised of several major components. These major components will be the focus of their respective Strategic Initiative over the next five years. The major components for each Initiative are described on the following pages. � '�� moi► Roanoke County Community Strategic Plan - 11 - www.RoanokeCountyVA.gov/CSP Improve Communications and Data Technology in Both the Business Sector and in Residential Settings To keep Roanoke County economically viable in the future, it is important to improve communications connectivity for both the business and residential communities. High tech businesses are faced with increased needs to move data efficiently, and people who work in these businesses demand wireless voice and data capabilities at home, even in rural areas. Businesses and residents in many areas of the County are currently under -served by the existing communications infrastructure. Improving broadband availability to the business community and improving wireless connectivity in residential areas will be pursued to ensure Roanoke County's economic future. t -W Support Improvements to the Regional Transportation Network Improving the regional transportation network, including highways, air service, bus service and commuter rail is a crucial component of connecting Roanoke County to the world. Although Roanoke County has little direct financial investment in the regional transportation network, the County will continue to participate in regional agencies such as the Roanoke Valley Transportation Planning Organization and the Roanoke -Blacksburg Reqional Airport Commission to improve these services. Roanoke County will also coordinate with local Commonwealth Transportation Board members, Virginia Department of Transportation MOT) and Virginia Department of Rail and Public Transportation DRPT staff regarding community priorities for future transportation projects. Roanoke County will work to create regional strategies that improve the transportation network that connects Roanoke County to the world. Public input from Economic Development, Transportation and Quality of Life focus groups was used to develop CONNECT ROANOKE COUNTY TO THE WORLD. Roanoke County Community Strategic Plan - 12 - www.RoanokeCountyVA.gov/CSP Regional Cooperation and .Marketing The Roanoke Valley is gaining recognition for its excellent quality of life, outdoor amenities, and educational advantages. Several regional partners are branding and marketing these attributes to attract young professionals to the area. Roanoke County will work to complement regional brands that highlight the high quality of life, abundant outdoor amenities, low cost of living, and educational opportunities available in the region. Roanoke County will also proactively market the community with these factors in mind to encourage people to visit, relocate, and establish businesses within the County. F R "& qw- rhi.rr rr �6c6 -* inta�(1 (� �;K16A � F* Roanoke County Community Strategic Plan - 13 - www.RoanokeCountyVA.gov/CSP Infrastructure and Site Development One of the key components of economic growth is having infrastructure in place for development. It is imperative to have appropriately zoned, graded commercial and industrial sites available that have access to water, sewer, high speed communications, and transportation options. Commercial and industrial sites will be developed both within Roanoke County and regionally, in collaboration with the Western Virginia Regional Industrial Facility Authority. Roanoke County will also work to prepare smaller parcels for development within the County as opportunities arise. �r Business -Friendly Development Process Also important for positioning Roanoke County for future economic growth is ensuring that the review and approval process for permitting development is fair, efficient, and easily navigable for all customers. While Roanoke County has an obligation to ensure safe and environmentally sound development, a balance must be achieved between regulation and a straightforward development approval process for both the business community and County citizens. Roanoke County will work to simplify the development process to promote a business - friendly environment. Public input from Economic Development, Transportation, Quality of Life and Education focus groups was used to develop POSITION ROANOKE COUNTY FOR FUTURE ECONOMIC GROWTH. Roanoke County Community Strategic Plan - 14 - www.RoanokeCountyVA.gov/CSP Workforce Development/ Technical Education Economic growth can be encouraged by aligning educational resources with business needs. A wide array of technical education resources are available to Roanoke County businesses and citizens, including the Burton Center for Arts and Technology, Virginia Western Community College, the Roanoke Higher Education Center, and nearby colleges and universities including Virginia Tech, Jefferson College of Health Sciences, Roanoke College, and Hollins University. Roanoke County will help connect these educational resources with the business community in order to train the workforce needed by existing and future employers. Roanoke County Community Strategic Plan - 15 - www.RoanokeCountyVA.gov/CSP Encourage a Multi -Modal Transportation Network Roanoke County was primarily developed in Developing interconnecting and multi - the era of the automobile, but people today modal local transportation options will want a greater choice of transportation help alleviate traffic issues and improve air options. Local transportation networks will be planned to encourage different modes of transportation including bicycle, pedestrian, mass transit, and motor vehicles. Greenways are a high priority for pedestrian and bicycle transportation while expanded bus service and CORTRAN (County of Roanoke Transportation or paratransit) services are needed within the County. quality throughout the community. Roanoke County will seek to develop multi -modal local transportation options by updating its development regulations, collaborating on transportation planning, and by leveraging funding opportunities to expand the local transportation network. r .. Public input from Economic Development, Transportation, Quality of Life, Education, and Community Health and Well -Being focus groups was used to develop PROMOTE NEIGHBORHOOD CONNECTIONS. Roanoke County Community Strategic Plan - 16 - www.RoanokeCountyVA.gov/CSP Plan for Mined -Use Development and Redevelopment Opportunities Roanoke County has a very limited amount of land zoned for commercial and industrial uses, leaving redevelopment and building up, instead of out, as the best opportunities for new growth. Roanoke County will encourage and promote mixed-use development and redevelopment that ties residential and commercial uses together. Roanoke County staff has identified several areas for mixed-use development and redevelopment in the near future, and staff will create plans for each of these areas to enhance citizen usage and accessibility while expanding opportunities for business. Dlic transit ,ounty j Create opportunities for all users (multigenerational) to access businesslactivrty centers, neighborhoods, healthcare ter, _ ... ,� 4• Roanoke County Community Strategic Plan - 17 - www.RoanokeCountyVA.gov/CSP 198V 1 14 ter, _ ... ,� 4• Roanoke County Community Strategic Plan - 17 - www.RoanokeCountyVA.gov/CSP Public Safety Staffing: It is clear from public input that our citizens value the safety of their community. One area of concern was ensuring adequate staffing for Public Safety agencies, especially for Fire and Rescue and Police. School safety was also emphasized as a concern in both the telephone survey and in focus group meetings. Roanoke County Public Safety agencies will develop multi-year staffing plans based on current needs and future trends. Any future staffing needs analysis will look not only at Roanoke County's personnel, but also how to best work regionally. Public safety issues often cross local borders and efficiencies can often be achieved through enhanced regional cooperation. Facilities and Equipment Roanoke County has several aging Fire and Rescue stations, which presents an opportunity to either renovate these stations or rebuild them in more efficient locations. Attention will also be given to deploying Police personnel effectively based on the Data Driven Approaches to Crime and Traffic Safety (DDACTS) program. The County will consider the feasibility of jointly staffing Police precincts with Fire and Rescue stations in core areas. Another area of concern is the age and effectiveness of the County's public safety equipment, especially for Fire and Rescue. A facility study will take into account what equipment is best suited to serve the community and provide a plan for its acquisition. Improvements to water availability for fire response were also discussed, including expanding dry hydrants and determining alternatives to serve rural areas of the County. Water distribution for fire services will be part of the public safety analysis of infrastructure, facilities and equipment. Public input from Public Safety, Quality of Life, Education and Transportation focus groups was used to develop ENSURE CITIZEN SAFETY. Roanoke County Community Strategic Plan - 18 - www.RoanokeCountyVA.gov/CSP Citizen Engagement and Inclusion As public safety is a partnership between the local government and its citizens, engaging and educating citizens of all ages is critical. County public safety agencies will consider how best to refine and possibly combine public safety citizen academies and improve public outreach to engage the community in keeping our neighborhoods, schools, and streets safe. Engaging citizens in public safety education helps prevent issues before they occur. Roanoke County Community Strategic Plan - 19 - www.RoanokeCountyVA.gov/CSP Coordination of Services for Vulnerable Populations Vulnerable populations are defined as the elderly, at -risk youth, non-English speaking residents, and citizens with mental illness or physical disabilities. While the community has a large network of services for vulnerable populations, these services tend to be fragmented across agencies. Roanoke County will help provide coordination and marketing of these available services to increase public awareness. Roanoke County will also coordinate the efforts of County agencies and local non -profits to identify service gaps and build partnerships to fulfill these needs for our vulnerable populations. "�11 I Accessibility of Services for All Populations Accessibility of services is another issue that was identified as needing improvement. Improved transit and paratransit services to provide transportation across the valley is needed, along with expanded hours of availability. Improvements to available transit services in general were also identified as a significant need. Access to healthy recreational opportunities from all areas of the County is also a high priority for citizens. Roanoke County will work to improve the accessibility of services for all populations. vulnerable Populations coltaharate with pubirt and jlrlyd4e partners to im nax nnize funds and fesOurtes. Provide help por)urz wvll-tiu indep PC Public input from Community Health and Well -Being, Quality of Life and Transportation focus groups was used to develop BEA CARING AND INCLUSIVE COMMUNITY. Roanoke County Community Strategic Plan - 20 - www.RoanokeCountyVA.gov/CSP Education Regarding ,Available Services Many citizens are unaware of existing community resources that provide information about assistive services. Promotion of existing community resources, including the 2-1-1 system, which is a state-wide telephone referral service that connects people with free information on available community` resources, was considered very important. Roanoke County will promote both the coordination of services for vulnerable populations and the accessibility of available services. This support will be LL achieved by marketing existing and new - services through public information outlets. m 11�11tlty needs of each ulnerable popula on Ind priori�ze current °eels of services and Collaborate wit gaps. —Y�h'YiFYt�fr °abtc �oFu waif; _.. __�_ •x;�,. — Tdcntt4y Wlwf _pe*(cs are "�` yr., d Egbz x.111 NO" uamS , -' jilenti�y c{ra� ��� �''' - whah dx-+k ag-� a x�t!Y�'�'at w•r•.cAic yuJnntab�+le9�5 pgntd��sys ➢ Fn4diL im'f5 t19Ud7 P1,4b •a1P 'NIR 6218014 I. Roanoke County Community Strategic Plan - 21 - www.RoanokeCountyVA.gov/CSP "K to Gray" Continuum of Educational Resources The concept of "K to Gray" education was discussed and supported throughout the planning process. Roanoke County has an excellent educational network of local public schools and nearby colleges and universities. Roanoke County will continue to encourage lifelong learning through these institutions as well as through the Library system and Parks and Recreation programs. In addition to workforce development and retraining for economic development purposes, Roanoke County will continue to support lifelong learning, art, and cultural educational opportunities. As education is a vital component of Roanoke County's overall quality of life, support for "K to Gray" educational opportunities will reach beyond workforce development programs. Educational Partnerships Roanoke County will develop and strengthen its educational partnerships among the region's educational institutions. Apprenticeships and job shadowing are ways to strengthen the ties between businesses and educational institutions. Workforce development is vital to economic development and alternative methods of training young people through practical opportunities in the workforce are recommended. Other partnerships, including collaboration with public safety agencies, will be developed over the next several years. Public input from Education, Quality of Life and Economic Development focus groups was used to develop PROMOTE LIFELONG LEARNING. Roanoke County Community Strategic Plan - 22 - www.RoanokeCountyVA.gov/CSP Market Educational Resources Employers looking to expand or relocate ` are interested in communities that have comprehensive and highly -rated educational systems. Roanoke County will market its excellent educational resources - both locally and as part of the region's branding efforts. The County will also market the entire "K to Gray" continuum of educational resources available throughout the region. I Roanoke County Community Strategic Plan - 23 - www.RoanokeCountyVA.gov/CSP Outdoor Recreation and Natural Resources Roanoke County's abundant outdoor recreational opportunities are seen as a means to market the County's high quality of life to young professionals, an increasingly important part of the equation in attracting entrepreneurial businesses to the region. Outdoor recreation that capitalizes on increasing the number of visitors to the area while providing healthy alternatives for citizens is a high priority. Roanoke County will continue to expand and promote the County's outdoor recreational advantages, especially amenities such as Explore Park, greenways, and blueways. Solid Waste and Recycling Solid waste management is an important component of maintaining and improving the scenic beauty of the community. Roanoke County needs to improve its overall cleanliness by providing high quality solid waste practices. The County will review its solid waste management practices, including expanded recycling opportunities for residents, removing plastic bags from the waste stream, and encouraging composting and other sustainable practices in the community. on Public input from Quality of Life, Transportation, Community Health and Well -Being, Education and Economic Development focus groups was used to develop KEEP ROANOKE COUNTY HEALTHY, CLEAN AND BEAUTIFUL. Roanoke County Community Strategic Plan - 24 - www.RoanokeCountyVA.gov/CSP Environmental Stewardship Environmental stewardship and protecting natural resources is important to keeping Roanoke County healthy, clean and beautiful. The scenic beauty of the Blue Ridge Mountains, along with the regional streams and rivers of the region, are what set Roanoke County apart from other communities. The County will continue to preserve and improve these irreplaceable features that are so vital to ensuring an attractive and healthy community for future generations. } ono -1�C I}., I� �'NaW��IC wer�}'ortt ! sj � k.Ni � hex J4i�rc61C �opvlunoNS SII stager IN Roanoke County Community Strategic Plan - 25 - www.RoanokeCountyVA.gov/CSP Tying Strategic Initiatives to the Vision As mentioned earlier, the following Vision Statement was developed to guide the community's planning process: "Roanoke County is a vibrant, innovative, and scenic community that values its citizens, heritage, and quality of life." Initiatives in the Community Strategic Plan seek to make Roanoke County vibrant and innovative through improving communications, technology, and transportation networks both locally and regionally. Building the local economy and educational resources to best meet the needs of all ages will further enable Roanoke County to remain vibrant and innovative. It is important to take advantage of and promote Roanoke County's scenic resources and cultural heritage through enhancing our abundant outdoor recreational possibilities, and use proper authority to care for and protect natural resources. Roanoke County values its citizens by ensuring services and programs are inclusive for all citizens, and the County will continue to provide high quality public safety services. Creating plans, programs, policies and actions that are consistent with this strategic direction is how Roanoke County can ensure that the high quality of life the community enjoys today is available for many years to come. Roanoke County Community Strategic Plan - 26 - www.RoanokeCountyVA.gov/CSP Community Strategic Plan Implementation The formal approval of the Vision Statement and Strategic Initiatives occurs with the adoption of the Community Strategic Plan by the Board of Supervisors. The implementation of the Community Strategic Plan will be an ongoing effort of Roanoke County's departments and agencies. Performance measures will be developed and aligned with the Strategic Initiatives in this Plan and will be incorporated into the County's departmental business plans. The County's annual budget process will include review of the departmental requests for operating and capital funds in light of the vision and strategic direction provided by the community through the civic engagement process. Data on the progress toward these performance measures will be collected, reviewed, reported and used to make adjustments to County services and programs. Roanoke County will also prepare an annual report on the progress to achieving the vision set forth in the Community Strategic Plan. Although the main body of this document is written at a broad strategic level, the individual topics, goals, and objectives prioritized by the 276 participants in the focus group process are included in the supplemental materials found on Roanoke County's website and will be used by staff and regional partners to craft individual business plans, project plans, and budgets that implement the County's vision over the next five years. Performance Measurement Development • Collect data related to goals and objectives. • Develop intermediate and operational measures. • Identify benchmarks for progress. • Develop internal targets for performance. • Develop consistent format for regular reporting of progress. Alignment to Strategic Initiatives • Establish annual business plans for each department. • Associate major service activities with Strategic Initiatives. Application • Apply measured data to annual performance assessments. • Data informs resource allocation and decision-making. Reporting • Annual reporting of initiatives. • Regular review and reporting of measures. • Refine performance measures based on reported data. Roanoke County Community Strategic Plan - 27 - www.RoanokeCountyVA.gov/CSP Acknowledgments Roanoke County's first-ever Community Strategic Plan is the product of a community partnership involving citizens, elected and appointed officials, regional agencies, County staff, and all others interested in the growth and prosperity of the County. Thanks and appreciation is offered to all those who participated in the Community Strategic Plan. Roanoke County Board of Supervisors P. Jason Peters, Chairman, Vinton Magisterial District Joseph P. McNamara, Vice Chairman, Windsor Hills Magisterial District George G. Assaid, Cave Spring Magisterial District Al Bedrosian, Hollins Magisterial District Martha B. Hooker, Catawba Magisterial District Roanoke County Public Schools Michael Wray, Chairman, Roanoke County School Board Dr. Gregory Killough, Superintendent Dr. Ken Nicely, Director of Secondary Instruction Staff Acknowledgments Lindsay Blankenship Thomas C. Gates Bruce Lowe Steve Simon Chris Bever Laurie Gearheart Jimmy Lyon Kevin Slough Doug Blount Caitlin Gills Grace McCown Karen Thomas Jay Brenchick Anne Marie Green Susan McCoy Philip Thompson Tracey Buzzo Travis Griffith Patience O'Brien Mark Tuck Dustin Campbell Howard Hall Dan O'Donnell Steve Turner Jordan Carlisle Anita Hassell Karen Oliver Sarah Vaughan Richard Caywood David Henderson Eric Orange Sandy Walton Jimmy Chapman David Holladay Rebecca Owens Jessica Webb Brian Clingenpeel Brent Hudson Audrey Palmer David Weir Gray Craig Brian Hughes Scott Pfouts Amy Whittaker Megan Cronise Debbie Jacks Scott Ramsburg Mike Williams Billy Driver Rebecca James Robbin Reams Tori Williams Nancy Duval Ashley King Steve Short Tammi Wood Jill Loope Brian Simmons Photography Credits Front Cover: Top Left - R.R. Donnelly facility by Gray Craig; Top Right- Roanoke County Public Safety by Dominion Images; Bottom Left: Graduate by Brendan Bush Photography, courtesy Virginia Western Community College; Bottom Right: Route 419 Traffic, Dominion Images. Page 2 Chairman P. Jason Peters and County Administrator Gates by Muncy Fine Photography. Page 13 www.istock.com. Page 14 Community Development by Dominion Images. Page 15 R.R. Donnelly facility by Gray Craig. Page 16 Bicycles by Dominion Images. Page 17 Neighborhood by Sam Dean Photography. Page 19 Fireman Gear by Dominion Images. Page 21 TRS Clients by Matt Ross Photography. Page 23 Hidden Valley High School Graduation, courtesy Chuck Lionberger/Roanoke County Public Schools. Page 24 Canoe by Sam Dean Photography. Page 25 Child Bicycle by Dominion Images. Page 26 Roanoke County overview by Dominion Images. Page 31 Meeting Notes by Philip Thompson. Focus Group meeting photographs by Gray Craig. Roanoke County Community Strategic Plan - 28 - www.RoanokeCountyVA.gov/CSP Supplemental Materials on the Web Additional information about the Community Strategic Plan www.RoanokeCountyVA.cjov/CSP Telephone Survey Results www.RoanokeCountyVA.gov/CSPSURVEY Focus Group Schedules, Meeting Presentations and Meeting Notes www.RoanokeCountyVA.gov/CSPFOCUS Additional Roanoke County Planning Documents Roanoke County Comprehensive Plan www.RoanokeCountvVA.aov/ComarehensivePlan Roanoke County Community Planning Areas www.RoanokeCountyVA.gov/PlanningAreas Roanoke County Annual Fiscal Plan www.RoanokeCountyVA.gov/AFP Roanoke County Capital Improvement Program (CIP) www.RoanokeCountyVA.gov/CIP Follow Roanoke County on these social media channels: Facebook www.facebook.com/RoanokeCountyVirciinia.Government Twitter @RoanokeCounty YouTube www.youtube.com/RoanokeCounty Roanoke County Community Strategic Plan - 29 - www.RoanokeCountyVA.gov/CSP Strate, R rr Multimodil' Cay Create c users (rr access centerE Outdoor Recreation and Natural El Resources 0 Solid Waste and Recycling Environmental Stewardship TEG1C COMMUNITY STRATEGA ROANOKE COUNTY, VIRGINIA For additional information about the Community Strategic Plan, please visit www.RoanokeCountyVA.gov/CSP. DRAFT DOCUMENT ACTION NO. ITEM NO. 0.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 9, 2016 AGENDA ITEM: The petition of Kate Madison Properties, LLC to rezone approximately 0.99 acre from R-1, Low Density Residential, District to C-1, Low Intensity Commercial, District on property located at 3746 Colonial Avenue, Cave Spring Magisterial District SUBMITTED BY: Philip Thompson Deputy Director of Planning APPROVED BY: Thomas C. Gates County Administrator ISSUE: Agenda item for public hearing and second reading of ordinances on an application to rezone property from residential to commercial. This item was postponed from the July 19, 2016 Board Meeting. BACKGROUND: The applicant currently operates Lash, a salon and day spa, in Promenade Park. The applicant is seeking additional retail space due to business growth near the existing business. The proposed property is located adjacent to Promenade Park but is zoned R-1, Low Density Residential, which does not allow personal services (a salon and day spa) as a permitted use. Personal services is a permitted use in the C-1, Low Intensity Commercial, District. Design Guidelines for development and redevelopment were developed as part of the Colonial Avenue Corridor Study in 2000. DISCUSSION: The Planning Commission held a public hearing on this request on July 5, 2016. Staff Page 1 of 3 and the applicant clarified several issues for the Planning Commission which included: Three (3) additional proffers were added by the applicant to address staff concerns (signage, concept plan conformance, Colonial Avenue Design Guidelines) Parking is shown in front due to the fact that the travel aisle width requirements (18 feet) cannot be met on site The business would be expanding from 900 square feet at their current location to 3,000 square feet at the proposed location The business currently employs five (5) part-time employees Services are provided by appointment only with three (3) part-time staff members working at any one time which would limit the amount of traffic to and from the site Three citizens spoke in opposition to this request. Their comments and concerns included: Previous commercial request in the vicinity was denied by the Board of Supervisors approximately five years ago Request would impact the residential character of the area and does not want Colonial Avenue to become Brambleton Avenue Increased traffic to Colonial Avenue Stormwater Runoff Hours of Operation - open to late in the evening Traffic Safety - potential for additional accidents The Planning Commission recommends approval to rezone the property from R-1, Low Density Residential, to C-1, Low Intensity Commercial, with the six (6) proffered conditions. The proffered conditions deal with: Access - limited to one No Neon Signs Hours of Operation Signage Size Limitations Concept Plan Conformance Colonial Design Guidelines Since July 19th, County staff has discussed with the applicant several concerns raised by Board members. The applicant has submitted revised proffers and a more detailed concept plan to address these concerns. The seven (7) revised proffers are: 1. The property will be developed in general conformance with the concept plan dated July 28, 2016 and titled Kate Madison Properties, LLC Concept Plan, with any changes required under the Roanoke County comprehensive site plan review process. Page 2 of 3 2. Signage will be installed and maintained as follows: a. Any freestanding sign shall be limited to brick monument -style, not to exceed five feet in height and seven feet in width. b. Any freestanding sign shall only be lit from the ground and shall not cause glare onto Colonial Avenue or adjacent properties. c. There shall be no neon signage or electronic message boards on the property. 3. Landscaping will be installed and maintained as follows: a. Shrubs shall be planted around the parking area and along the front building fagade as shown on the concept plan. b. Shrubs shall be planted around the monument style sign as shown on the concept plan. c. A 10 -foot right of way planting strip shall be installed as shown on the concept plan. d. A Type B buffer yard shall be installed as shown on the concept plan. 4. No additional portion of the front yard will be paved for parking or any other purpose. 5. Any lighting installed around the parking area shall be fully -shielded and no more than three feet in height. 6. Hours of operation will be limited from 7:00 A.M to 9:00 P.M. 7. The property will have only one entrance onto Colonial Avenue. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends that the Board approve the second reading of the ordinance to rezone the property from R-1, Low Density Residential, to C-1, Low Intensity Commercial, with the seven (7) revised proffered conditions. Page 3 of 3 Kate Madison Properties, LLC 3746 Colonial Avenue, Roanoke, Virginia 24018 July 5, 2016 The property owners of 3746 Colonial Avenue hereby proffer the following conditions: 1. The project shall have only one entrance onto Colonial Avenue. 2. No neon signage will be on the property. 3. Hours of operation shall be limited from 7:00 am to 9:00 pm. 4. The freestanding sign shall be limited to a brick monument —style sign not to exceed five feet in height and seven feet in width. 5. The property will be developed in general conformance with the concept plan submitted on July 5, 2016 (titled exhibit one), with any changes required under the Roanoke County comprehensive site plan review process. 6. The property will adhere to the applicable Colonial Avenue Corridor Design Guidelines for development and redevelopment. Kathryn H. Beard, Member Ma ison Madden, Member �\�CJA- q 41 LEGEND THIS IS TO CEWRFY THAT AN AaRIAL FIELD SURVEY OF THE FRE'a18E:s SHOWM HEREON WAS BEEH PFAEURlSm UNDER ett Si1P£RVI'ION; Trot ALL IMPROVEMENTS AND WSMU EMDENCE OF EASEMENTS ARE SRoWN HEREON, ANO i'HAT THERE ARE NO VISIBLE FUNDER MyENrS BY IMPN4( T O IRON PIN SET ERHER FROM ADJOINING PREMISES OR FROM SU,,E,, .Rrz.,.3 UIFIERR 1WW SHOWN r�R L THIS SURVEL WAS PERFURMeb 9YIiri011f TRE BENEffT A IRON PIN PtrUND OF A iTn.E REPORT AND IS SUBJECT TO INFORMAMON WHICH MAY BE DISCLOSED BY SUCH, PROP M IS N F.E.MR DEFINED ZONE X UNSWED. ROY O.� 7V# BR44 ON T PE49StW & 84WAR4 O. CLY701v & AWME H. PESO TX QB. 65f, PG. Z6 TXAB Tf 2o07f93Q MPO'077f8-02-200 W1 07718-o2-3 7.0 0 -&�6'W'ODV )oo0o €I FENE x - Nc N Qg• as'>Sr 4 I O � A ti k ti TM. 077.95-03-36.00 a 993 AC. P �� I o p N` a1 � Z H Ch q 21:7' � x 62'1. N x Q� fzNCF 4.3' &5T lra4' (1 x U u � � 1 57MY 9fB'W 7.0' � n I• O 'iAA 40 ,.O 8D n, � 02 73L6 27.8' 74.8'►; ° i-"-!1.2' WE57 FFJVCE SCALE 1' = 40' STQQ a WALK a 0.7' n a CIA aHu' o INU 03-11-16 z � _.��-80.3�wEST JOHN R. McADEN n RFAGWAtL ~N (h� o far.80, - -� -- Lic. Nn.002002 C4L4NJgL � �� AlIENt zE EZEC7IP/C fiVAD .14 (FORMZFLY 6ENT ROUIVTAIN RaW) �Na Suft� RIW Vftjs PHYSICAL IMPROVEMENT SURVEY FOR KATE MADISON PROPERTIES, LLC NOTES; 3746 COLONIAL AVENUE 1. OWNER OF RECORD; FEDERAL HOME LOAN 0.993 ACRE MORTGAGE CORPORATION AS DESCRIBED IN INST.# 201508122 2. LEGAL REFERENCE INSTRUMENT NO. 201508122 CAVE SPRING MAGISTERIAL DISTRICT 3. TAX MAP NUMBER: 077.18-03-36.00 ROANOKE COUNTY, VIRGINIAµ�- 4. PROPERTY MAY CONTAIN UNDERGROUND UTILITY SURVEYED 03-w11-16 SERVICE LINES. JOB #05160087 MS SCALE. 1" = 40' TEL: 540-772-8580 FAX: 540-772--8050 {SRN: SJH 1 PLANNERS ARCHITECTS ENGINEERS SURVEYORS .,,,IMU CHK: JRMj Bafzer & Associates, Inc. 1206 Corporate Circle Roanoke Va. 24018 .yams .wRv,,uc u:XL3E-0/43t G1 -as -m D��; STAFF REPORT Petitioner: Kate Madison Properties, LLC Request: To rezone from R-1, Low Density Residential, to C-1, Low Intensity Commercial, on approximately 0.99 acre Location: 3746 Colonial Avenue Magisterial District: Cave Spring EXECUTIVE SUMMARY: Kate Madison Properties, LLC is petitioning to rezone a property located at 3746 Colonial Avenue from R-1, Low Density Residential, to C-1, Low Intensity Commercial, for the purposes of operating a Personal Services (salon and day spa) zoning use. The property is approximately 0.99 acre and located in the Cave Spring Magisterial District. The Future Land Use map designates this land parcel as Transition. This parcel is within the Colonial Avenue Design Guideline area, which provides for recommended, but not required, design elements for businesses regarding existing conditions, site layout, architectural treatment, landscaping, lighting, and signage. APPLICABLE REGULATIONS In its application, the petitioner indicates the intent to operate a salon and day spa. The Roanoke County Zoning Ordinance designates this commercial operation a personal services use, defined as: Personal Services: Establishments of places of business engaged in the provision of frequently or reoccurring needed services of a personal nature. Typical uses include beauty and barber shops, massage studios, grooming of pets, seamstresses, tailors, or shoe repairs; florists, and laundromats and dry cleaning stations serving individuals and households. The Roanoke County Zoning Ordinance contains no Use and Design Standards associated with a Personal Services zoning use type. The Colonial Avenue Design Guidelines recommend property owners develop land parcels to follow standards specific to the Colonial Avenue corridor. The goal of these standards is to plan for and achieve compatibility between new and existing developments along the Colonial Avenue corridor. While the applicant chose to proffer conditions during the land use process, they did not elect to proffer conditions in accordance with Colonial Avenue Design Guidelines. However, the proposed sign rendering and character of the building exterior indicate the petitioner plans to meet some of the applicable design guidelines. A successful rezoning to C-1, Low Intensity Commercial, requires the property owners comply with additional landscaping standards contained within Section 30-92 (Screening, Landscaping and Buffer Yards) of the Zoning Ordinance. Specifically, the Zoning Ordinance requires the property owners install a type B buffer yard between C-1, Low Intensity Commercial, and R-1, Low Density Residential zoning, as stated in Section 30-92-6. The Zoning Ordinance requires that, should the salon and spa operate, the property must meet parking standards detailed in Section 30-91 (Off Street Parking, Stacking and Loading). Specifically, to operate a Personal Services zoning use as proposed by the applicant, the property owners would need to provide eight parking spaces, one of which designated as disabled, to be compliant with the number of parking spaces required by Ordinance. Due to the topography of the property, and a zoning regulation requiring access to parking have a driveway width of eighteen (18) feet; the applicants are unable to place additional, required parking at the rear of the building as design guidelines recommend. The applicants are proposing additional parking at the front of the building, adjacent to the preexisting five parking spaces. Through its application, the petitioner indicated it would proffer the following conditions: 1. The property shall have only one entrance on Colonial Avenue 2. No neon signage will be on the front of the property facing Colonial Avenue. 3. Hours of operation shall be limited from 7:00 AM to 9:00 PM. ANALYSIS OF EXISTING CONDITIONS Background — The applicant has operated a salon business (Lash) for the last year in a tenant space located in Promenade Park Shopping Center (3524 Electric Road). In part, the existing business provides lash extensions, facials and makeup applications. The applicant intends to expand its successful business into an existing building on a recently purchased property. Therefore, the petitioner must rezone the land parcel to a commercial use type, where Roanoke County allows a Personal Service zoning use. The applicant chose to petition for Low -Intensity (C-1) zoning, as that zoning type allows for small scale, personal service businesses, like that proposed by the applicant. Topography/Vegetation — The land parcel is relatively flat with no natural or artificial watercourses present. An approximately six foot privacy fence extends along the entirety of the Northern property line, which would be part of the required type B buffer yard. An existing row of trees and shrubs is located on the South side of the property. This vegetation is approximately twenty-four (24) feet in width, and extends from the front parking area to the right of way. A large storm water management area is located on the adjacent land parcel to the South. Surrounding Neighborhood —To the South of the property is the Promenade Park Shopping Center, zoned C-2, High Intensity Commercial with Conditions. To the North, West, and East are land parcels zoned R-1, Low Density Residential, which contain single family residences. Within the three blocks North of the proposed change of zoning, four land parcels are zoned C-1, Low Intensity Commercial, and two parcels are zoned, C-2 High Intensity Commercial. The nearby C-1 zoned parcels currently consist of General Office, Medical Office, and Club zoning use types. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture — Consistent with Colonial Avenue Design Guidelines, the applicant proposes no permanent changes to the building exterior, as to maintain the existing residential character of the surrounding neighborhood. There is twelve foot six inches in distance between the South edge of the building and the South property line, in which a driveway leads to the rear of the building. The applicant proposes adding the additional, required parking spaces at the front of the building, directly adjacent to the existing parking. The previous owner created five parking places at the front of the existing structure, the closest of which are located approximately thirty-nine (39) feet from the street. The applicant provided a sign rendering of a proposed monument style sign, which it intends to place on the front of the property. The applicable design guidelines favor these monument style signs. A type B buffer is required to be installed between properties zoned C-1 and R-1. Access/Traffic Circulation — The subject parcel is directly accessed from Colonial Avenue, approximately three -hundred and fifty-eight (358) feet from Electric Road. VDOT commented on this land use application, indicating that entrance and egress from a commercial property would be governed by the VDOT Road Design Manual, Appendix F: Access Management Design Standards for Entrances and Intersections. Additionally, a turn lane analysis will be required and submitted before issuance of a VDOT land use permit. If the property owner can show evidence the business will generate fifty (50) vehicles or less entering or leaving the property each day, the entrance can be considered a low volume commercial entrance. VDOT also indicated a land use permit will be required if a new property entrance is needed. The current daily traffic count for Colonial Avenue in front of the proposed business in ten thousand (10,000) vehicles per day. The applicant proffered a condition indicating that only the existing entrance would be used. The Roanoke County Police Department did not comment on this land use application. Fire & Rescue/Utilities — The Roanoke County Fire Rescue Department does not object to the applicant's petition. Fire Marshal Simmons indicated any Fire Code requirements would be met under the Office of Building Safety change of use process. Economic Development — The Department supports the applicant's request, siting the proposed rezoning, along with surrounding Colonial Avenue rezonings, conform to the Roanoke County Comprehensive Plan. Building Safety — Should the Board approve the rezoning request, Building Commissioner Morgan Yates states the property would need to undergo a Building Code change of use process before the Office of Building Safety issues a Certificate of Occupancy. Community Meetinq — A Community Meeting was held at the Roanoke County Administration Center on Monday June 13, 2016 from 6 to 8 p.m. Four citizens attended this meeting. Two attendees obtained information regarding the applicant's proposal and asked questions regarding the use of the property and exterior facade of the existing building. Neither of these individuals expressed opposition to the proposed rezoning. Two other individuals, one a Colonial Avenue business owner, expressed support for the applicant's proposal. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The Roanoke County Comprehensive Plan designated the Future Land Use of the property as Transition, which 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 sought C-1, Low Intensity Commercial, zoning does not allow for intensive commercial zoning uses. The Zoning Ordinance requires that a landscape buffer be installed between commercial properties and residential development. Because of these factors, and as Transitional areas favor the development of frontage parcels like Colonial Avenue, the applicants' proposal conforms to Roanoke County's Comprehensive Plan. 5. STAFF CONCLUSIONS Staff anticipates that the proposed use (personal services) would have minimal impact on the surrounding neighborhood. The Colonial Avenue Design Guidelines recommends conditions to achieve compatibility between new and existing developments along Colonial Avenue. Due to site conditions, some of the guidelines will not be able to be met. The applicant has submitted three (3) proffered conditions with its application. These conditions would limit the number of entrances on Colonial Avenue to one, not allow neon signage on the front of the property facing Colonial Avenue, and limits the hours of operation from 7:00 a.m. to 9:00 p.m. While the proffered conditions and Zoning Ordinance requirements address several development issues, staff has concerns over signage, parking and building landscaping, lighting, and concept plan conformance. To date, the Department heard no public objection regarding this land use application. The proposed rezoning conforms to the Roanoke County Comprehensive Plan. CASE NUMBER: PREPARED BY: HEARING DATES: ATTACHEMENTS: 4-712016 Brian W. Hughes PC: 7/5/2016 BOS: 7/19/2016 Application Aerial Map Land Use Map Zoning Map Sign Rendering C-1 District Standards Colonial Avenue Design Guidelines 0 County of Roanoke ez- - � (Qc) I � For Staff Use Only Community Development Date received:cc(ved b�: Planning & Zoning5-)3-16 G , , r Application fee: PCS date: 5204 Bernard Drive Placards issued: BOs da P O BOX 29800 Roanoke, VA 24018 ) (540) 772-2068 FAX (540) 776-7155 Case Number .... ALL APPLICANTS Check type of application filed (check all that apply) ezoning Special Use Variance Waiver Administrative Appeal Comp Plan (15.2-2232) Review Applicants Aameladdress w/zip n Phone: �. U X, -Z �- � � �, S� f` 1 t'OS Work: 7 T), LyAA r Q �n Cell #: t0 Fax No.: Owner's name address w/zip Phone #: J) Ji� G:. pro �rn5 Work: t 4� c t Fax No. #: ( cTO Property Location C'o f� 4`c �j U.� Magisterial District: Community Planning area: ( j`� ' U Ce,etl Tax Map No.: Existing Zoning: f3 s Size of parcel(s): Acres: Existing Land Use: J' REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2-2232) REVIEW APPLICANTS (R/S/W/CP) Proposed Zoning: Proposed Land Use: Doesth parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes No ❑ IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes No ❑ IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes ❑ No ❑ VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (VIW/AA) Variance/Waiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the anniication comnlete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THE ITEMS ARE MISSING OR INCOMPLETE. SE R/SIW/CP VIAA R/S/W/CP VIAA. WSMCP VIAA, Consultation 8 1/2" x 11" concept plan Application fee Application Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the property or the own is agent or contract purchaser and am acting with the knowledge and consent f the owner, -4 1 - � Owner's Signature JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW 2 May 20, 2016 Concept Pian: Kate Madison Properties Colonial Ave. As part of the growing trend towards Workforce Development in the Roanoke Valley, this concept plan is for the rezoning of a R -1 -Low Density Residential building to a C-1 low intensity transitional parcel between an adjacent residential property and an adjacent C-2 zone commercial retail development. The existing structure will be used to operate a day spa and salon. Little exterior modifications to the existing building are anticipated. The plan seeks to maintain the residential persona of the building. Barrier landscaping and additional commercial grade parking in the rear of the building will be added to meet the C-1 requirements for zoning. This plan is a result of needed expansion of an existing business located in the adjacent C-2 development. The growth of the business has resulted in a recommendation to expand. The rezoning would allow the business to increase in size with minimal relocation so as to continue to serve existing customers. An analysis of the business in the current location indicates that the expenses associated with the Colonial property would be substantially less based on square footage space than the existing location. Funding has been obtained from Union Bank for the mortgage of the property and for improvements to the property. Risk to the business and to the community are minimal. Should the business cease, by maintaining the residential fagade of the building it could be converted back to an R-1 residency. Respectfully submitted: Kate Madison Properties, LLC by members: t" &-,,, �— Kathryn Beard Madison Madden Justification: This request is to change the current R -1 -Low Density Residential to C-1 office zoning. The existing structure will be used to operate a day spa and salon. The C-1 district provides for the development of attractive and efficient office uses in the urban service area which serve both community and county -wide needs. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. This request furthers the purposes of the Roanoke County Ordinances as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance in multiple ways. The Colonial Avenue Corridor provides a vital link in the regional highway network from the inner city of Roanoke to the outlying suburbs of Roanoke County. Community resources including Virginia Western Community College, the Community Arboretum, churches, public and private schools and small business can be found on Colonial Avenue. Data from the Roanoke County GIS "site selector" link identifies 21 business properties within a 1 mile radius including: Cox Communications; Jefferson Office Park; West Village Shopping Center; Springwood park and Porter Property. Compatibility can be improved upon with further development or redevelopment in the corridor, particularly on Colonial Avenue frontage properties. Development that works in tandem with goals to maintain proper use of building style, orientation and location, landscaping, signage, lighting, parking concepts and access management will help to achieve compatibility between new and existing developments along the corridor. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. This request meets the general guidelines and policies contained in the Roanoke County Community Plan and shows sensitivity to the existing residential character of the corridor by preserving the use of the existing residential structure for small offices. Following the Design Guidelines established for the Colonial Avenue Corridor, the property will maintain an aesthetically pleasing contribution to the streetscape which will lessen potential negative impacts on adjacent residential properties. The property is architecturally compatible with the surrounding residential character. The proposed purpose will limit light pollution onto adjacent residential areas and encourage human scale in detail lighting. It will minimize sign clutter by encouraging attractive, well-placed signage. Lighting fixtures will be compatible with the existing residential character of the corridor. Signage will complement the building's architectural style and if placed on the building would occupy less than 5% of the fagade area. All freestanding signs would be monument type not to exceed 5 feet in height or 7 feet in width and be ground lit or top lit with shielded lamps placed so as to not cast light onto the path of traffic or any adjacent road or property. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. Using the criteria found in Roanoke County's Future Land Use Guide, the property would serve as a logical C-1 low intensity transitional parcel between the adjacent residential property and the adjacent C-2 zoned Promenade Park commercial retail development. Transition areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development and are suitable for office, institutional and small-scale coordinated retail users. The business would provide for the development of an attractive and efficient small scale office and commercial use for personal improvement services, personal services, and uses permitted -by -right in the C-1 Office District that serve both community and county -wide needs. The land use for this property would be consistent with office space similar to other locations within the area where commercial development has occurred and where commercial zoning exists with limited commercial use. The direct frontage to Colonial Avenue provides appropriate access for the property. The location and the corridor are currently served by urban services. The request would not change the residential fascia of the property and would maintain the current neighborhood demeanor. There would be little to no impact on public services and facilities including water/sewer, roads, schools, parks/recreation and fire and rescue. Adjacent Properties: On right side — facing the street Frederick and Deborah Rickman 3740 Colonial Ave Roanoke, VA 24018 R-1 Zoning Tax Parcel ID: 077.18-03-35.00-0000 On left side — facing the street CC Colonial Corporation 0 Colonial Ave C-2 Zoning Tax Parcel ID: 077.18-05-01.02-0000 On left side as a continuation of the lot noted above Promenade Park Shopping Center Clark & Clark Associates LLC 1023 South Electric Ave Roanoke, VA 24018 Tax Parcel ID: 077.18-05-01.00-0000 Across the street Colonial Avenue Baptist Church 4165 Colonial Ave Roanoke, VA 24018 Tax Parcel ID: 077.18-04-28--0000 Businesses also found on the street: 3716 Colonial Ave Paychecks Plus CICS Tax Parcel ID: 077.18-03-24.00-0000 3664 Colonial Ave Chivas Associates C-2 Tax Parcel ID: 077.18-03-23.00-0000 3660 Colonial Ave J D MacArthur Properties, Inc C2 Tax Parcel ID: 077.18-03-22.00-0000 3650 Colonial Ave Davod Botte; C-1 Tax Parcel ID: 077.18-03-21.00-0000 3640 Colonial Ave Roanoke Council of Garden Clubs, Inc. CICS Tax Parcel ID: 077.18-03-15.00-0000 CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County pennitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS a. Applicant name and name of development `�'b. Date, scale and north arrow r c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties ✓ e. Physical features such as ground cover, natural watercourses, floodplain, etc. £ The zoning and land use of all adjacent properties g. All property lines and easements / h. All buildings, existing and proposed, and dimensions, floor area and heights i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development �! j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZONING and SPECIAL USE PERMITAPPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the site -' 1. Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants % p. Any proffered conditions at the site and how they are addressed _-- q. If project is to be phased, please show phase schedule I certi that all items required in the checklist above are complete. kXV ignature of applicant Date 6 CONCEPT PLAN CHECKLIST a) Kate Madison Properties, LLC Kathryn H. Beard & Madison Madden LLC members Business Name: LASH, etc. b) Date, Scale and north arrow noted on survey c) Lot size in acres: 0.99000 AC d) Adjoining properties: On right side – facing the street Frederick and Deborah Rickman 3740 Colonial Ave Roanoke,VA 24018 R-1 Zoning Tax Parcel ID: 077.18-03-35.00-0000 On left side – facing the street CC Colonial Corporation 0 Colonial Ave C-2 Zoning Tax Parcel ID: 077.18-05-01.02-0000 On left side as a continuation of the lot noted above Promenade Park Shopping Center Clark & Clark Associates LLC 1023 South Electric Ave Roanoke, VA 24018 Tax Parcel ID: 077.18-05-01.00-0000 Across the street Colonial Avenue Baptist Church 4165 Colonial Ave Roanoke, VA 24018 Tax Parcel ID: 077.18-04-28---0000 Behind the lot Brandon & Kristie Pearson 3747 Fairburn Drive Roanoke, VA 24018 Tax Parcel ID: 077.18-02-31-0000 Businesses also found on the street: 3716 Colonial Ave Paychecks Plus C1Cs Tax Parcel ID: 077.18-03-24.00.0000 3664 Colonial Ave Chivas Associates C-2 Tax Parcel ID: 077.18-03-23.00-0000 3660 Colonial Ave J D MacArthur Properties, Inc C2 Tax Parcel ID: 077.18-03-22.00-0000 3650 Colonial Ave Davod Botte; C-1 Tax Parcel ID: 077.18-03-21.00-0000 3640 Colonial Ave Roanoke Council of Garden Clubs, Inc. C1Cs Tax Parcel ID: 077.18-03-15.00-0000 e) Physical features such as ground cover, natural watercourses, floodplain, etc. found on the Roanoke County Gov website http://gisweb.roanokecountyva.gov/PropertyReport/# and is attached: f) Zoning and land use of all adjacent properties: On right side — facing the street Frederick and Deborah Rickman 3740 Colonial Ave Roanoke, VA 24018 R-1 Zoning Tax Parcel ID: 077.18-03-35.00-0000 Land Use: Private residence On left side — facing the street CC Colonial Corporation 0 Colonial Ave C-2 Zoning Tax Parcel ID: 077.18-05-01.02-0000 Land Use: Empty lot/buffer to Promenade Park Shopping Center On left side as a continuation of the lot noted above Promenade Park Shopping Center Clark & Clark Associates LLC 1023 South Electric Ave Roanoke,VA 24018 Tax Parcel ID: 077.18-05-01.00-0000 Land Use: Commercial retail stores g) See attached survey h) See attached survey and data from the Roanoke GIS system. i) Adjacent Streets: Colonial Avenue j) Driveway: see survey Parking Space: Front of house — currently 5 paved Proposed: 6 behind front of house on the right side of the property (noted on survey) k) Existing Utilities and connections at the site: a. Water— water main is located in front of property on Colonial Ave b. Sewer — manhole located on street in front of property on Colonial Ave. See attached Certificate of Conformity c. Storm Drains 1) Any driveways, entrances/exits, curb openings and crossovers — existing one only, no additional to be added m) Topography map — refer to existing GIS information n) Approximate street grades and site and how they are addressed o) Location of all adjacent fire hydrants According to the Western Virginia Water Authority GIS map, fire hydrants can be found at the corners of Colonial and Electric Road (two lots to the left) , the corner of Colonial and Green Valley Drive (2 lots to the right) p) Proffered conditions at the site and how they are addressed q) Phase Schedule Kate Madison Properties, LLC. 3746 Colonial Avenue, Roanoke, VA 24018 The property owners of 3746 Colonial Avenue hereby proffer the following conditions: 1. The project shall have only one entrance on Colonial Avenue. 2. No neon signage will be on the front of the property facing Colonial Ave. 3. Hours of operation shall be limited to 7:00 am to 9:00 pm June 18, 2016 Kathryn H. Beard, Member Madison Madden, Member Property Location: 3746 COLONIAL AV Parcel ID: 077.18-03-36.00-0000 Magisterial District: CAVE SPRING Account: 33451 Card 1 of 1 Owner Name and Mailing Address: KATE MADISON PROPERTIES LLC 792 LUGAR LN FINCASTLE VA 24090 Current Property Assessment 2016 Total Building Value: 168500 Total Land Value: 28500 Total Value: 197000 Narrative Description This property contains 0.99000 AC of land with a(n) SINGLE FAMILY RESIDENCE style building, Built about 1959, having primary FACE BRICK exterior and ASPHALT I COMPOSITION SHINGLE roof cover, 4 bedroom(s), 3 full bath(s), 0 half bath(s). Property Characteristics Jurisdiction: COUNTY Legal Description: CAVE SPRING Deeded Acreage: 0.99000 AC Neighborhood: GO 15 / GREEN VALLEY Estimated Acreage: 1.03615062 AC Census Block: 511610308013008 Vacant Land: NO Land Use Program: NO Sales Information Most Recent Sales Sale Date Sale Price Legal Reference Sales Description 3/21/2016 200211 DB201602533 UNKNOWN 8/24/2015 137832 DB201508122 FORECLOSURE 12/30/2008 ` 289000 DB200816735 QUALIFIED 5/28/1999 137000 DB0016220595 QUALIFIED 3!3011998 124000 DB0015721094 DIVORCE I SETTLEMENT 9/1/1997 0 DB0000540661 NEEDS REVIEW 3/3012016 Property Location: 3746 COLONIAL AV ParcelI-D: 077.18-03-36.00-0000 Magisterial District: CAVE SPRING Account: 33451 Card 1 of 1 Overlay Districts Emergency Communications: No Roanoke River Conservation: No Airport: No *Manufactured Housing: No Wellhead Protection: No Clearbrook Village: No Floodplain: No *For more Information on Roanoke County Zoning, please call 540-772-2068 or visit htip:Hhvww.roanokeeountyva.gov/pz Community Number: 510190 Flood Certificates FIRM Panel: Flood Zone: Flood Zone Information Building Description Effective Date: Floodway: y Building Type: SINGLE FAMILY RESIDENCE Foundation Type: CONTINUOUS FOOTING Year Built: 1959 Roof Structure: GABLE Finished Area (SF): 2231 Roof Cover: ASPHALT/ COMPOSITION SHINGLE Style/Story Height: RANCH WITH BASEMENT Primary Exterior Wall: FACE BRICK Bedrooms: 4 Secondary Exterior Wall: Full Baths: 3 Primary Interior Walls: DRYWALL Half Baths: 0 Secondary Interior Wall: Air Conditioning: 100% Primary Floors: CARPET Heating: 100% Secondary Floors: HARDWOOD Heating'fype: AIR -DUCTED Basement Garage: Heating Fuel: OIL/WOOD/COAL Fireplace: 2 FIREPLACES 3 3/30/2016 Property Location: 3746 COLONIAL AV Parcel ID: 077.18-03-36.00-0000 Magisterial District: CAVE SPRING Account: 33451 Card 1 of Trash Service: MONDAY Bulk & Brush Pickup: A ROUTE Recycling: Map BRAMBLETON TEEN CENTER (0.73 miles) Recreational Center: Map BRAMBLETON RECREATION CENTER (0.78 miles) Library: Map SOUTH COUNTY LIBRARY (2.16 miles) Elementary School: GREEN VALLEY Middle School: CAVE SPRING High School: CAVE SPRING Services No Public Connection Website Water: No Public Connection Sewer: No Public Connection Police Station: Map Public Safety Center, 5425 Cove Rd, Roanoke VA Fire Station: Map CAVE SPRING Schools 5 3/30/2016 Property Location: 3746 COLONIAL AV Parcel 1D: 077.18-03-36.00-0000 Magisterial District: CAVE SPRING Account: 33451 Card 1 of 1 Pictometry Tax Map 7 3/30/2016 CERTIFICATE OF CONFORMITY Certificate No.: 8974 Issue Date: November 10, 2008 Inspector's Name: Jeff King Parcel ID Number: 077.18-03-36.00-0000 Owner(s): Stephen Harrell Address: 3746 Colonial Ave Roanoke, VA 24018 It is hereby declared: The above location conforms to the Western Virginia Water Authority's (Authority) Sanitary Sewer Use Rules and Regulations, and the Inflow and Infiltration (1&1) Inspection Program Requirements. This certification is valid for a period of not less than five (5) years from the date of issuance, after such time it will be to the discretion of the Authority to revoke or reissue. In addition; this certification is attached to the property, transferable and conveyed from the current owner to any future owners of the property for the remaining valid period of certification without recognition by name or any further consideration. The undersigned having full authority granted by the Authority's Executive Director, certifies this instrument as being true to the best of beliefs. Approved by: Lee Johnson SSER Supervisor Date: November 10 2008 LU a� ui a o>J� Li Q O 3 L dc y _ y� D MEMO on "FINUMEMEMEM., ME LU a� ui a o>J� Li Q O 3 L dc y _ y� D Unofficial Property Record Card Page 1 of 1 Unofficial Property Record Card - Roanoke County, Virginia General Property Data Parcel ID 077.18.03-36.00-0000 Prlor Parcel ID -- Property Owner KATE MADISON PROPERTIES LLC Mailing Address 792 LUGAR LN City FINCASTLE Mailing State VA Zip 24090 Account Number 33451 Property Location 3746 COLONIAL AV Property Use SFR Most Recent Sale Date 3/2112016 Legal Reference DB201602633 Grantor FEDERAL HOME LOAN MORTGAGE CORP, Sale Price 200,211 Jurlsdiction-ZoningCode- County -RI -Low Density Residential Land Area 0.99 - AC Description Current Property Assessment Card 1 Value Building 168,500 Value Xtra Features 0 Land Value 28,500 Value Total Value 197,000 Building Description Building Style SINGLE FAM Foundation Type CONT FOOTING Flooring Type CARPET # of Living Units 0 Frame Type Basement Floor NIA Year Built 1959 Roof Structure GABLE Heating Type AIR -DUCTED St le/Sta Height RANCH WITH Style/Story ry g Roof Cover ASP/COMP SHN Heating Fuel OILIWOODICOA BASEMENT Insulation NIA Primary Ext. Siding FACE BRICK Air Conditioning 100% Finished Area (SF) 2231 Interior Walls DRYWALL # of Bsmt Garages 0 Number Rooms 0 # of Bedrooms 4 # of Full Baths 3 # of 314 Baths 0 # of 112 Baths 0 # of Other Fixtures 0 Legal Description CAVE SPRING Narrative Description of Property This property contains 0.99 - AC of land mainly classified as SFR with a(n) SINGLE FAM style building, built about 1959 , having FACE BRICK exterior and ASPICOMP SHN roof cover, with 0 unit(s), 0 room(s), 4 bedroom(s), 3 bath(s), 0 half bath (sj. niw�n Nro 400.q 9;Tn u s imaaes €lisclaimev This information is believed to be correct but is subject to change and is not warranteed. http://webpro.roanokeeountyva.gov/RecordCard.asp 3/30/2016 < . §� § z>\ \ U , / 2 Ld \ m ® mz/ 0 D S§ r-- ` . i 2 zoc ® § / \/ { G $ 0 ® \ ) 2 L/¢>- a. \& I d cr 22% \ z \—uLd ¥ / t©t-+ , 3 @O Qoo¥]Nvg / .\ | THOMP ONS LANE � � \ �I I � I� @ � ■ �' � �krt / \ < --------------� i` GREEN GRE E vLLEY DRIVE i @ / 2 ®& E £ `§ R )- � <�ON ,\ / § j 0 } I - ! § e/ § ¥ ( k J� f t � C© % #/ $ 7Q � / ! f } . / . @O (� � + , { r §� mz/ } Information Page Plan No: City of Rke Water Dep't # 71-56 Grid(s): MBI Page: Platbook: Instrument Number(s): 077.18-03-23.00-0000 077.18-03-24.00.0000 077.18-03-31.00-0000 077.18-03-32.00-0000 077.18-03-35.00-0000 077.18-03-36.00-0000 077.18-04-08.00-0000 077.18-04-10.00-0000 Taxmap(s): 077.18-04-11.00-0000 077,18-04-28.00-0000 077.18-04-29.00-0000 077.18-04-30.00-0000 077.18-04-31.00-0000 077.18-04-32.00.0000 077.18-04-33.00-0000 077.18-04-34.00-0000 077.18-05-01.02-0000 Hardcopy Location: Water Authority Year: 04/13/1976 Notes: Page I of 2 Back http://mobile.roanokeva. gov/deptAppslEngrMaps.nsf/OIF6363 9AE4E'7D55268525789D00... 3/30/2016 (8H9LWC) Colonial Ave - Lanewood Dr to Manassas Dr - 16" Southwest Description: Trunk Line Water Project Type' Water Trunk Line Project Location: Roanoke County - Coloniai Ave Status: As -Built Colonial Ave Green Valley Dr Streets: Lanewood Dr Manassas Dr Thornpsons Ln Block Range: 3700 Plan No: City of Rke Water Dep't # 71-56 Grid(s): MBI Page: Platbook: Instrument Number(s): 077.18-03-23.00-0000 077.18-03-24.00.0000 077.18-03-31.00-0000 077.18-03-32.00-0000 077.18-03-35.00-0000 077.18-03-36.00-0000 077.18-04-08.00-0000 077.18-04-10.00-0000 Taxmap(s): 077.18-04-11.00-0000 077,18-04-28.00-0000 077.18-04-29.00-0000 077.18-04-30.00-0000 077.18-04-31.00-0000 077.18-04-32.00.0000 077.18-04-33.00-0000 077.18-04-34.00-0000 077.18-05-01.02-0000 Hardcopy Location: Water Authority Year: 04/13/1976 Notes: Page I of 2 Back http://mobile.roanokeva. gov/deptAppslEngrMaps.nsf/OIF6363 9AE4E'7D55268525789D00... 3/30/2016 LEGEND 7li5 IS To CERTIFY THAT AN AMAL FMZ SURVEY OF THE PRaUSFS SHOWN HEREON HAS BEEN PERFORMED MOM MY SUPj:jM 10N. THAT ALL IMPROVEMENTS AND VISIBLE MDENCE OF EASEMENT" ARE SHOWN HEREDN, AND TWIT THERE ARE NO WSIBLE MiCROAMM MTS BY IldPRINf�SFNiS 0 ON PiN SET aE FHHAR Alio P�EGi' ia� ONF4R�3kATi0}i V7tNCH ER Si4CF�E PROrHrP' TTY R U WAS p� E�F7RMm ZD E 7�f lTHE BENE IRON P1N FOUND NJF NfF ROY D. CLIFTON BRANDON r PF4RSDN & 844:8ft P CLIFTON & KRISIIE H P+ RS'ON D.B. 631, PG, 3561WV 200719,3'90 rAx 1 0771s -Oz zLo I oar MAPIr 07718--02-. 1.00 s5sa0aD yv r0o,00 ---- FEAS- VE q x �ENc,E a.s' WFsr � o k do T.M. 077.18-0-36.00 0 99,E AC x � I � a�"z `i v rdjs) � N Boz q 21.1' a�yx I qa Q) x MVCF 6E V W 4. i' E45? 154' hl 0 U 0 4080 4 t36 26 6. 27.6' 14,8" ;� e PENCE 38 1.2' WEST SCALE.- I' = 40' ST00 0 �� II'ALK r V o E � 7 F n o VL�I-I OF � - O��' /�y — PHU OHU o NU D3•-11-16 rp p.3_�rYlYt3T a JOHN R. McADEN - N57"J3'000 rcf jo, �_ w c 3 a NE40WALL ,� � � T{p x� ,1.00' 0 Pp Llc. No.Oazooz A E �1 ELECTRIC (FORUDFly RENT MOUNTAIN ) �NO SIfR� R1w VARIES PHYSICAL IMPROVEMENT SURVEY FOR KATE MADISON PROPERTIES, LLG NOTES: 3746 COLONIAL AVENUE 1. OWNER OF RECORD: FEDERAL HOME LOAN 0.993 ACRE MORTGAGE CORPORATION AS DESCRIBED IN INST.# 201508122 2. LEGAL REFERENCE INSTRUMENT NO. 201508122 CAVE SPRING MAGISTERIAL DISTRICT 3. TAX MAP NUMBER: 077.18-03-36.00 ROANOKE COUNTY, VIRGINIA 4- PROPERTY MAY CONTAIN UNDERGROUND UTILITY SURVEYED 03-11-1F SERVICE LINES. JOS #05160087 MS SCALE: 1" = 4-0' TEL- 540-772-9580 =AX: 540-772-8050 DRN: SJ6 PLANNERS ARCFHrMCTS ENGINEERS SURVEYORS CHK: JRM Baizer & Associates, Inc. 1208 Corporate Circle Roanoke Va. 24018 =unvcrva l 'fM+ ► ter. �;.. 15 k /SIMON! ���0� �i�O�����I �j���i♦♦� i ♦ 76� L l 'fM+ ► ter. �;.. 15 k /SIMON! ���0� �i�O�����I �j���i♦♦� H .r4 U Z U z O U O U O U U U Z O U U WAOf /•� •, ,I ,,•,\lig 1 A� shy ►\� IIIIr�I V�i/�j1 ���� � i► ' 0 ��•�`,��I,��'; �I,,,,Iill ice.. •' ' � � h n 1 r r II ��i ♦�� � �i\� li 'cc %� �jS•1 I�ro rV' ►��'`'��A� `�?Illus; •LL L ■cm - ■ cm cm cn L) 11a C� LO co C-1 District Regulations SEC. 30-53. C-1 LOW INTENSITY COMMERCIAL DISTRICT. Sec. 30-53-1. Purpose. (A) The purpose of the C-1 low intensity commercial district is to provide for the development of attractive and efficient office and commercial uses in the urban service area which serve both community and county -wide needs. The C-1 district allows for varying intensities of office and commercial development as part of either a planned office complex or, to a limited degree, small scale office and commercial uses. The C-1 districts are most appropriately found along or near major arterial streets where existing commercial development has occurred and/or where commercial zoning has been established, or near existing residential development where it would serve as a logical buffer strip between conflicting land use types. Land uses permitted in the C-1 district are generally consistent with the recommendations set forth in the transition and core land use categories of the comprehensive plan. Site development standards are intended to ensure compatibility with adjacent land uses. (Ord. No. 042208-16, § 1, 4-22-08, Ord. No. 111213-15, § 1, 11-12-13) Sec. 30-53-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Multi -family Dwelling * Two-family Dwelling * 2. Civic Uses Administrative Services Clubs Cultural Services Day Care Center * Educational Facilities, College/University Educational Facilities, Primary/Secondary * Guidance Services Park and Ride Facility * Post Office Public Parks and Recreational Areas * Safety Services * Utility Services, Minor 3. Office Uses Financial Institutions General Office Medical Office 4. Commercial Uses Agricultural Services * Antique Shops Bed and Breakfast Business Support Services Business or Trade Schools Communications Services Consumer Repair Services Personal Improvement Services Personal Services 2 C-1 District Regulations C-1 District Regulations Studio, Fine Arts Veterinary Hospital/Clinic 5. Miscellaneous Uses Amateur Radio Tower Parking Facility (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Civic Uses Religious Assembly Utility Services, Major 2. Office Uses Laboratories 3. Commercial Uses Automobile Rental/Leasing Commercial Indoor Sports and Recreation Restaurant, Drive-in or Fast Food Restaurant, General Retail Sales 4. Industrial Uses Landfill, Rubble Recycling Centers and Stations 5. Miscellaneous Uses Broadcasting Tower 3 C-1 District Regulations Outdoor Gatherings * (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042203-13, § 1, 4- 22-03; Ord. No. 042208-16, § 1, 4-22-08, Ord. No. 111213-15, § 1, 11-12-13) Sec. 30-53-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line. b. Accessory structures: Behind front building line. 2. Side yard: None. 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one (1) street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. El C-1 District Regulations 1. Height limitations: a. Principal structures: When adjoining property zoned R-1 or R-2, forty-five (45) feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R-1 or R-2 district is increased two (2) feet for each foot in height over forty-five (45) feet. In all other locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: 15 feet. (D) Maximum coverage. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 80 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 052411-9, § 1, 5-24-11) COLONIAL AVENUE CORRIDOR DESIGN GUIDELINES FOR DEVELOPMENT/REDEVELOPMENT Background Colonial Avenue provides a vital link in the regional highway network from the inner city of Roanoke to the outlying suburbs of Roanoke County. As development has increased over the years around the inner city area, the function of Colonial Avenue has stayed the same. This increase in development has had a direct impact on the roadway as traffic volumes rise steadily. High traffic volumes and the availability of developable land often cause developers to seek locations along such corridors for new commercial development. This situation has begun along the Colonial Avenue corridor. As commercial.pressures increase, the importance of protecting established neighborhoods and ensuring the safe and efficient flow of traffic becomes more crucial. It is also important to ensure a comfortable transition for existing residential frontage properties if neighboring parcels become commercial. Compatibility can be improved upon, if not achieved, through the proper use of building style, orientation and location, landscaping, signage, lighting, parking concepts and access management. Staff recommends the following site design guidelines - particularly on Colonial Avenue frontage properties - for development or redevelopmentin the corridor. Goal To plan for and achieve compatibility between new and existing developments along the corridor. Design Guidelines Objectives To encourage well designed, aesthetically pleasing developments that make a positive contribution to the streetscape and lessen potential negative impacts on adjacent residential properties. To encourage architectural compatibility with the surrounding residential character. To minimize impacts to traffic flow from new developments. To encourage the use of landscaping to improve environmental quality within new developments, enhance property values and create an enduring community image. To limit light pollution onto adjacent residential areas and encourage human scale in detail lighting. To minimize sign clutter by encouraging attractive, well-placed signage. I. Existing Conditions A. The proposed development should show sensitivity to the existing residential character of the corridor by incorporating as many of the following as possible: The preservation and use of existing residential structures for small offices (architecturally compatible alterations and additions are permitted), or the construction of new buildings having a distinct residential character. 2. The preservation and incorporation of existing vegetation. 3. Front yard character that is a common feature of residential properties should be preserved_ 4. Depending upon terrain, the use of terraced parking lots, minimizing their visual and site impacts, may be appropriate. 5. Existing drainage ways should be protected and incorporated into all proposals. II. Site Layout A. Buildings 1. A building should be prominent from street view, using its architecture as advertising. 2. Setbacks should be determined according to ultimate road right-of-way. 3. Minimum distance between a building, off-street parking, driveway, loading space or paved surfaces and any contiguous residential property should be 25 feet. B. Parking 1. Parking should be constructed to the rear and sides of buildings only. Street frontage should be devoted to building architecture and landscaping. 2. Parking areas should be designed to allow fixture interconnections with adjacent parcels. 3. Where feasible, break up required parking into smaller areas spaced throughout the site, lessening their visual and environmental impacts. 4. Alternative surface materials, such as pervious pavement, are recommended. Asphalt pavement should be minimized to mitigate existing drainage problems. C. Site Access 1. Where feasible, businesses should share access points from the street right-of-way. Temporary access points may be utilized until further development of the corridor allows for combined access. These temporary permits are issued with the understanding that they will be closed when a satisfactory alternate access in available in the opinion of the local governing body. 2. At the time of project approval property owners should provide a joint easement agreement allowing cross access to and from other properties in the surrounding area and a unified parking and circulation plan should be established wherever feasible. III. Architectural Treatment A. Scale 1. Size of buildings should approach a residential scale. Avoid excessive height and buildings out of scale with adjacent structures. 2. Where larger buildings are proposed, landscaping and architectural facades should be used to lessen their impact. 3. Where infilling between existing residential structures, maintain a continuity of building height, width, first floor elevation, architectural style and porch detailing, if applicable. B. Entrances 1. Design entrances that are clearly visible and easily recognizable from parking lots and walkways which serve the building. 2. The principal "front" facade should face Colonial Avenue, for all buildings directly adjacent to the road, although the major pedestrian entrance may be in the back or side of the structure. C. Materials 1. Materials should be selected for harmony with the surrounding community and for suitability to the type of building and style in which they are used. 2. Exterior materials such as exposed concrete block, metal or brightly colored siding are not recommended. Materials should be in the range of earth tones. D. Roofs Utilize dormers, gables and other variations in roof shapes and/or heights that are compatible with the basic facade elements and add interest and scale to the building. Avoid flat roofs. Gable roofs, hip roofs and multiple plain roofs are encouraged. IV. Landscaping A. Native Vegetation 1. Landscape plans should incorporate the use of native vegetation. B. Adjacent Right -of -Way Plantings 1. Front yards should be developed as open green spaces with a combination of large and small trees, evergreen & deciduous shrubs, earth berms, and/or ground covers. 2. Where it is necessary that portions of a parking lot front the adjacent right-of-way, a planting strip of 10 feet in width should be provided along the adjacent right-of-way. Within this strip a combination of large and small trees, evergreen & deciduous shrubs, earth berms or ground covers should be utilized to buffer the parking area. C. Parking Areas 1. Parking areas should incorporate raised landscaped islands in order to break up large expanses of pavement. 2. Large shade trees should be planted within and along the perimeter of parking areas in order to mitigate the negative environmental effects of heat and glare. 3. Landscaped berms located around parking areas to soften the noise, light and view of a parking area to its neighbors are highly encouraged. D. Building Plantings 1. Buildings should incorporate foundation plantings where appropriate. E. Stormwater Management 1. Above- ground stormwater management areas and facilities should be landscaped with plants adaptable to being temporarily inundated with water and designed as an asset to the overall development. F. Screening & Buffering 1. Where a development adjoins residential property, a 25 -foot wide buffer yard should be required. a. Within this buffer yard landscaping and screening should be provided and maintained to an average height of 15 feet. A combination of large and small trees, evergreen & deciduous shrubs, earth berms and/or ground covers should be utilized. Berming is encouraged to supplement screening. Average berm height should be 3-4 feet. Berm slopes should be no greater than 2:1. V. Lighting A. Details of lighting fixtures should be compatible with the existing residential character of the corridor. B. Path and landscape lighting are encouraged where appropriate. Lighting should be at a pedestrian scale through the use of light standards or placements 14 feet or less in height. . C. Parking lot lighting should be no more than 14' above grade, down -lit or shielded so as to direct light to the interior of the lot and not project glare onto the street or adjacent properties. Average intensity should not exceed the minimum required for safety. D. Any security lighting should be shielded and located so as to not cast light onto adjacent properties. In addition, the light source should not be visible from adjoining residential areas. VI. Signage A. The shared use of signs is encouraged for adjacent businesses. B. Signage should complement a buildings' architectural style. C. Signage placed on buildings should occupy less than 5% of the facade area. D. All freestanding signs should be monument type and meet the following criteria: 1. Monument signs should not exceed 5 feet in height or 7 feet in width; 2. Signs should be ground lit or top lit with shielded lamps placed so as to not cast light onto the path of traffic or on any adjacent road or property. E. Message length should be limited so that a passing motorist can read a sign within three -to -four seconds. No interchangeable boards should be permitted. F. Signs should be complemented, accented and enhanced by landscaping. The size of the landscaping plot should be one and one-half times the square footage of the sign, G. No portable or temporary signs should be permitted. Kate Madison Properties, LLC 3746 Colonial Avenue, Roanoke Virginia 24018 July 28, 2016 The property owners of 3746 Colonial Avenue herby proffer the following conditions: 1. The property will be developed in general conformance with the concept plan dated July 28, 2016 and titled Kate Madison Properties, LLC Concept Plan, with any changes required under the Roanoke County comprehensive site plan review process. 2. Signage will be installed and maintained as follows: a. Any freestanding sign shall be limited to brick monument -style, not to exceed five feet in height and seven feet in width. b. Any freestanding sign shall only be lit from the ground and shall not cause glare onto Colonial Avenue or adjacent properties. c. There shall be no neon signage or electronic message boards on the property. 3. Landscaping will be installed and maintained as follows: a. Shrubs shall be planted around the parking area and along the front building fagade as shown on the concept pian. b. Shrubs shall be planted around the monument style sign as shown on the concept plan. c. A 10 -foot right of way planting strip shall be installed as shown on the concept plan. d. A Type B buffer yard shall be installed as shown on the concept plan. 4. No additional portion of the front yard will be paved for parking or any other purpose. 5. Any lighting installed around the parking area shall be fully -shielded and no more than three feet in height. 6. Hours of operation will be limited from 7:00 A.M to 9:00 P.M. 7. The property will have only one entrance onto Colonial Avenue. Kathryn H. Beard, Member M Bison M`4den, Member De B Buffer Yard (option 2) Wide r every 100' consisting of: e row of large deciduous trees (4) e row of large evergreen shrubs (16-1 Screening -ea where buffer yard cannot be met: stockade style fence shall be provided, g with two rows of large evergreen bs (10-12) 0 40 80 SCAM f D — 4O' rpe B Buffer Yard (option 1) Y Wide )r every 100' consisting of: ,ie row of large evergreen trees (5) ,ie row of large evergreen shrubs (16-18) ,ie row of large deciduous shrubs (22-24) Proposed new sign location 077.18 -GJ -J6. Oa 0.993 AC, COI ONAL AVER UF - (FOR fqRC}' '6'W,r IWOMl1lM, �vrt rn t� I Qa Shrubs shall be provided around the perimeter of the parking aree and along the front building facade 10' Adjacent Right of Way Planting Strip Per Sec. 30-92-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 9, 2016 ORDINANCE REZONING APPROXIMATELY 0.99 ACRES FROM R-1, LOW DENSITY RESIDENTIAL DISTRICT TO C-1, LOW INTENSITY COMMERCIAL DISTRICT ON PROPERTY LOCATED AT 3746 COLONIAL AVENUE, CAVE SPRING MAGISTERIAL DISTRICT (TAX MAP NO. 077.18-03-36.00-0000) WHEREAS, the first reading of this ordinance was held on June 28, 2016, and the second reading and public hearing were held on August 9, 2016; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 5, 2016; and law. WHEREAS, legal notice and advertisement has been provided as required by BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The zoning classification of a certain parcel of real estate containing approximately 0.99 acres, as described herein, and located at 3746 Colonial Avenue (Tax Map No. 077.18-03-36.00-0000) 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-1, Low Intensity Commercial District, with proffers. 2. The owner of this property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: Page 1 of 3 A. The property will be developed in general conformance with the concept plan dated July 28, 2016 and titled Kate Madison Properties, LLC Concept Plan, with any changes required under the Roanoke County comprehensive site plan review process. B. Signage will be installed and maintained as follows: C. Any freestanding sign shall be limited to brick monument -style, not to exceed five feet in height and seven feet in width. D. Any freestanding sign shall only be lit from the ground and shall not cause glare onto Colonial Avenue or adjacent properties. E. There shall be no neon signage or electronic message boards on the property. F. Landscaping will be installed and maintained as follows: a. Shrubs shall be planted around the parking area and along the front building fagade as shown on the concept plan. b. Shrubs shall be planted around the monument style sign as shown on the concept plan. c. A 10 -foot right of way planting strip shall be installed as shown on the concept plan. d. A Type B buffer yard shall be installed as shown on the concept plan. G. No additional portion of the front yard will be paved for parking or any other purpose. Page 2 of 3 H. Any lighting installed around the parking area shall be fully -shielded and no more than three feet in height. I. Hours of operation will be limited from 7:00 A.M to 9:00 P.M. J. The property will have only one entrance onto Colonial Avenue. 3. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or party of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 3 of 3 ACTION NO. ITEM NO. 0.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: August 9, 2016 The petition of Stephen Hartman to remove all proffered conditions from property zoned C-2CS, high intensity commercial with conditions and special use permit. The property is approximately 0.459 acre in size and is located at 7637 Williamson Road, Hollins Magisterial District. The proffered conditions deal with the use of the property, lighting, screening, signage, and hours of operation. Philip Thompson Deputy Director of Planning Thomas C. Gates County Administrator Agenda item for public hearing and second reading of ordinances on an application to remove proffered conditions. BACKGROUND: In May 1989, the Board of Supervisors approved a rezoning and special exception permit for recreational vehicle sales (retail sales of watercraft) with eight (8) proffered conditions for this property M & W Electronics operated at this location from 1977 to 2015 According to County records, a business license was never issued for a watercraft sales or service business Stephen Hartman purchased the property in May, 2016 DISCUSSION: The Planning Commission held a public hearing on this request on August 2, 2016. Staff and the applicant, Stephen Hartman, clarified several issues for the Planning Commission which included: Page 1 of 2 The applicant is seeking to remove the proffered conditions to increase the commercial opportunities for future development Of the eight (8) proffered conditions, four (4) deal with a use - recreational vehicle sales - which are no longer valid, three (3) deal with development issues - lighting, signage, and buffers - which are addressed in the current Zoning Ordinance, and one (1) deals with hours of operation that limits future commercial uses The applicant has removed approximately 40 feet of existing signage and is planning on re -facing the existing signage structures No citizens spoke on this request. The Planning Commission recommends approval to remove all the proffered conditions from the property. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends that the Board approve the second reading of the ordinance to remove all the proffered conditions from the property. Page 2 of 2 STAFF REPORT Petitioner: Stephen Hartman Request: To remove all proffered conditions on property approximately 0.459 acre in size and zoned C-2CS, High Intensity Commercial District with conditions and special use permit Location: 7637 Williamson Road Magisterial District: Hollins Existing Proffered 1. Agree to display no more than 3 boats and/or trailers on lot in front of M&W Conditions (To Be Electronics building. Removed): 2. Agree to limit B-3 use to the sale, display, and servicing of boats and related accessories. All present sales usage of the property will be continued. 3. Agree to limit additional lighting to two single dusk -to -dab -n (mistake in Ordinance, "dusk -to -dawn") lights, to be placed on the portion of property that is behind the main building. 4. Agree to install Type D screening and buffering to buffer residential property along rear border. 5. Agree to conduct all repair work on boats and accessories inside an enclosed garage area. 6. Agree to not install any additional signage. 7. Agree to limit total number of boats and trailers on lot to fifteen (15). 8. Agree to maintain current hours of operation of 10:00 am to 6:00 pm Monday through Friday and 10:00 am to 4:00 pm on Saturdays, with no hours of operation on Sunday. EXECUTIVE SUMMARY: Stephen Hartman, the owner/applicant, is requesting to remove the above proffered conditions from a previous 1989 rezoning. The purpose of this request is for the owner/applicant to remove the restrictions for potential commercial uses allowed on the property for future development. Currently, the one existing building on the property has been vacant since November 2015. The owner/applicant does have a prospective electronic retail sales use for the property. Retail sales is a permitted use in the C-2, High Intensity Commercial district. No additional site development regulations are required to operate that use type on the property. This site is designated Core on the future land use map of the Roanoke County Comprehensive Plan. A future lanc use area where high intensity urban development is encouraged. Land uses within core areas may parallel the central business districts of Roanoke, Salem and Vinton. Core areas may also be appropriate for larger -scale highway -oriented retail uses and regionally -based shopping facilities. Some appropriate land use types are general retail and personal services, office and institutional and limited industrial uses. APPLICABLE REGULATIONS The C-2, High Intensity Commercial District permits a variety of office, commercial and retail uses (see attached C-2 District Regulations). ANALYSIS OF EXISTING CONDITIONS Background — In 1989 the property was rezoned from B-2, Business to B-3, Business, and a special exception permit was obtained, for the purpose of adding watercraft sales, or what would be classified as recreational vehicle sales and service under the current Roanoke County Zoning Ordinance. The existing B- 2 district use type on the property was retail sales. The owner, at the time, proffered the following conditions as part of the rezoning: 1. Agree to display no more than 3 boats and/or trailers on lot in front of M&W Electronics building. 2. Agree to limit B-3 use to the sale, display, and servicing of boats and related accessories. All present sales usage of the property will be continued. 3. Agree to limit additional lighting to two single dusk -to -dab -n (mistake is Ordinance, "dusk -to - dawn") lights, to be placed on the portion of property that is behind the main building. 4. Agree to install Type D screening and buffering to buffer residential property along rear border. 5. Agree to conduct all repair work on boats and accessories inside an enclosed garage area. 6. Agree to not install any additional signage. 7. Agree to limit total number of boats and trailers on lot to fifteen (15). 8. Agree to maintain current hours of operation of 10:00 am to 6:00 pm Monday through Friday and 10:00 am to 4:00 pm on Saturdays, with no hours of operation on Sunday. M&W Electronics operated at that location from 1977 to November of 2015. According to Roanoke County records, a business license was never issued for a watercraft sales or service business. In May of 2016, Stephen Hartman purchased the property. Signage — The entire property is allowed approximately 78 square feet of total signage, as determined by the total road frontage of the property. Per Section 30-93-13 (E), "lots within a C-2 district shall be allowed a maximum signage allocation not to exceed one and one-half (1.50) square feet of sign area per one (1) lineal foot of lot frontage". An existing signage structure does exist on the property. There are no business faces installed in the structure, however a new business would be allowed to re -face the structure at the same square footage. No changes to the existing height or setback are permitted. Topography/Vegetation — The site is general flat. There is an existing natural vegetative buffer adjacent to the R-1 zoned parcels. The front, west side of the property and immediately behind the building is paved. The remaining rear portion of the property is gravel and dirt. Surrounding Neighborhood —Adjacent properties are zoned C-2, High Intensity Commercial district, and R- 1, Low Density Residential district. Adjacent land uses are financial institution to the east, general office to the west and single-family residential to the south. Located across Williamson Road to the north are C-2, High Intensity Commercial district properties. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture — The existing building on the property is vacant, however M&W Electronics operated from the location for 38 years. The one-story building is 2,584 square feet in size. There are 6 existing parking spaces located in the front of the property There is also an existing drive access lane to the rear of the property. No parking spaces are proposed in the rear of the property. 2 Access/Traffic Circulation — No changes to the existing entrance are proposed at this time. The Virginia Department of Transportation did comment that a land use permit may be required if the site is redeveloped of if the land use changes. However, as this time, the proposal does not appear to adversely impact VDOT right of way. Agency Comments: The Office of Building Safety has no issue with this request, indicating future renovations may require building permits. The Fire Marshal's Office does not object to this request, however also indicated if the use of the building changes, all of the necessary steps would need to be taken for a change of use through the Office of Building Safety. This would include addressing any fire flow and emergency vehicle access requirements. The Department of Economic Development offered no objections to this land use application. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN This site is designated Core on the future land use map of the Roanoke County Comprehensive Plan. A future land use area where high intensity urban development is encouraged. Land uses within core areas may parallel the central business districts of Roanoke, Salem and Vinton. Core areas may also be appropriate for larger -scale highway -oriented retail uses and regionally -based shopping facilities. Some appropriate land use types are general retail and personal services, office and institutional and limited industrial uses. 5. STAFF CONCLUSIONS Stephen Hartman is seeking to remove proffered conditions on a 0.459 acre parcel located at 7637 Williamson Road. The site is currently zoned C-2CS, High Intensity Commercial zoning district with conditions and special use permit and designated as Core on the Roanoke County Future Land Use Map. The proposed application generally conforms to the Zoning Ordinance and the current use is in conformance with this future land use area designation. CASE NUMBER: 6-812016 PREPARED BY: Rebecca James HEARING DATES: PC: 812116 BOS: 819116 ATTACHMENTS: Application Aerial Map Land Use Zoning Map Pictures C-2 General Commercial District Standards County of Roanoke V -z-- 1(C)15-oD-, For Staff Use Only Community Development Date received: Received by: Planning & Zoning (0- 2y -(to Application fee: PC/BZA date: 5204 Bernard Drive P O Box 29800030 Roanoke, VA 24018 Placards issued: BOS date: A u 9, (540) 772-2068 FAX (540) 776-7155 Case Number ,„. ALL APPLICANTS Check type of application filed (check all that apply) Rezoning ❑ Special Use ❑ Variance ❑ Waiver Cl Administrative Appeal ❑ Comp Plan (15.2-2232) Review Applicants name/address w/zip /), Ib JgPhone: Li -y ) q 1 ] VA Work: j Cell #: -y`-LA {i i: V 5 Kz) 1� U �,'V ti Z , Fax No.: �' is �� it Owner's name/address w/zip Phone #: �c. -)41 Ati PW Work: + Fax No. #: 1 Property Location f r� LL4 Magisterial District: 3 Community Planning area: Tax Map No. Existing Zoning: PJ JR ON L Size ofparcel(s): Acres: LI q Existing Land Use: REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (Is 2-2232) REVIEW APPLICANTS (R/SI W/CP) Proposed Zoning: C Proposed Land Use: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes No " IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes No IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes ' ; No VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS: (VIW/AA) Variance/Waiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed APPLICATION WILL NOT BE A--Vr ITEMS ARE MISSING OR INCOMPLETE. TED IF ANY OF THESE R/S/W/CP WAA R/S/WICP V/AA R/S/W/CP V/AA Consultation 8 1/2" x I l" concept plan t/ Application fee Application t/ Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property owners I hereby certify that I am either the owner of th o erty or a owner's ent ar ontract purchaser and atn acting with the knowledge and consent f the owner. Owner's Signature 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Applicant The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. Please explain explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. N b C y{o, 5 L C� � �J� Se �.vt c4, 99 F RoaM k Community Development x 2 Planning & Zoning Division z` 83 NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective date: April 19, 2005 Name of Petition Petitioner's Signat re - - 6 /� ate CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS a. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. f. The zoning and land use of all adjacent properties g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers in. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. Signature f ap�icant Date R ON 00 \ Ln VIRGINIA: BORE THE BOARD OF SUPERVISORS OF ROANDn COLWN A {1__4.49 acre parcel of land, ) generally located ;637 Williamson j Road, N -W Roanoke, VA within the Hollins ) Magisterial District, and ) recorded as parcel? Block 1 P. B. 3 ) Pg. 84 Tract C J in the Roanoke County Tax Records. } • sg q-', Being in accord with Sec. 15.1-491.1 et seq, of the Code of Virginia and Sec. 21-105E of the Roanoke County Zoning Ordinance, the Petitioner Jerry L. and Bonnie L. Wilkinson hereby voluntarily proffers to the Board of Supervisors of Roarx*e County, Virginia the following conditions to the rezoning of the above -referenced parcel of land: I. Agree to display no more than 3 boats and/or trailers on lot in front of v S H Electronics building. 2. Agree to limit B-3 use to the sale, display, and servicing of boats and related accessories. U1 present sales usage of the property will be continued. 3. Agree to limit additional lighting to two single dusk -to -dab -n lights, to be placed on the portion of property that is behind the main building. 4. Agree to install TVDe D screening and buffering to buffer residential property along rear border. 5. Agree to conduct all repair work on boats and accessories inside an enclosed garage area. G. Agree to not install any additional signage. 7. Agree to limit total number of boats and trailers on lot to fifteen (15) 8. Agree to maintain current Respectfully suhnitted, hours of operation of 10:00 am to 6:00 p- '•(ondav through Friday and 10:00 am to 4:00 pm on Saturdays, with no hours of operation�h-t(' on Sunday. Petitioner May 2, 1989 •- 9 - 'SZ �_ s VI RGI NIA : , d v BEFORE THE BOAM OF SUPERVISORS OF ROANOKE -,"JM A G.459 acre parcel of land, ) generally located 7637 Williamson ) Rd., H. W. ) within the Hollins ) FINAL ORDER Magisterial District, and ) e, recorded as parcel # Block 1 ) Tract C P.E.3, PG 64 cr, 1-1 Ln in the Roanoke County Tax Records. ) TJ THE HONORABLE SUPERVISORS OF ROANOKE COMM Z WHF-REAS, your Petitioner JerrY L. & Bonnie L. Wilkinson w did petition the Board of County Supervisors to rezone the above -referenced oarcel p from E-2 Hollins District to E--3 Hollins District U O for the purpose of adding retail sales of watercraft to existing E" retail electronic sales a WHEREAS, after due legal notice, the Planning Commission did hold a public 0 hearing of the petition on May 2, , 19 89 , at which time, all parries 04 in interest were given an opportunity to 'be heard; and WHF_ FAS, after full consideration at the public hearing held on May 23, 19 89 , the Board of County Supervisors determined that the rezoning be approved with proffers & with a Special Exception Permit. on 5/23/89. NOW, THEREFORE, BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Maps as Parcel 27.11-3-11 and recorded in Deed Book 3 Page 84 and legally described 'below, be rezoned from District to District. 519- S Legal Description of Property (Metes and Bounds): described as follows: b�tarting at a point on the South side of U. S. Route 11 (80 feet wide) which point is the common point between the Northeast comer of Tract B, Block 1, and the Northwest corner of Tract C, Block 1, as shown on Map No. 1 of Summerdean, which -is recorded in Plat Book 3,page 84, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia; thence with the southerly side of U. S. Route 11, N. 69" 24' E. 250 feet to the place of BEGINNING; thence continuing with the southerly side of U. S. Route 11, N. 69" 24' E. 50 feet to a point; thence with the westerly side of that certain 50 foot wide strip of land previously conveyed from Tract C, S. 20"36'E. 400 feet to a point on the northerly side of a 20 foot wide alley; thence with said alley S. 69"24'W. 50 feet to a point; thence with a new line through Tract, C, N. 20'036'W. 400 feet to the place of BEGINNING and containing 0.459 acres and being .a portion of Tract C, Block 1,.Map No, 1 of Summerdean, more fully described above andbeing shown on Survey for Barry L. Ward and Brenda N by T_ -P. Parker And Surveyors, --dated _ v July 6, 1977; and I BE IT FURTHER ORDERED that a copy of this order be transmitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the Official zoning map of Roanoke County. ADOPTED on motion of Supervisor Johnson and upon the followi:r3 recorded vote: AXES: Supervisors Robers, Johnson, McGraw, Nickens, Garrett NAYS None ABSENT: None y Deputy , Clerk cc: File Roanoke County Board of Supervisors Arnold Covey, Director,. Dev, t Inspections, Original T*�ry Harrington, pirector, A annrng John Willey, Director, Real Estat(§ Assessment . 2 \ \ U \ � > 0 U 0 : o \ \ 0 � o 0 S S \ q �\ ! ! �G / N § F ) _ S0 2 C11LO - ~k § m ® § f \ k () _ . t [ E( . --------- ) j J S � ) CL k - } k a ^ - !}; cL j ƒ / / % / \C, W N U N U N U N U U) N U N U N U T- ry T- ry U) N U .w a O > °ON o� F Z /� N -Fz LO O 00 Ir Q.� 11 00 L o Y ° N i N V ° N j C O j N 0 w .o 0 N Z Q N V N m m I N o n U U - (� U Q rn N NO Q m � o U C) U) .e e co Q W o x H 2 m d Q 0 VA I�:1 .:� �'= � ,,, ,i ,; .' *s .r r � y f 'r: , ' a 1; � • h d r" e j v Isi ...r� +' r Lt fir r,,� i'j7 t-.,•yr1�1+a ,1_:ht f { �`.1 pi x ,r ! .. G ! r 4 •. yI 1 1l FS -1 1 L�.dw� Y `.�; '{� L. ,e '�Kr'�i��;" y I-�tyxn .Tirt;�,+'^�,►�- KtS Il`+ � � A'1 ��i< t� 'r 1��t."+.�`Z•. M 1'�r�4RL,'r 1. 1t'� I t t {/ r Jo .,+� i ��r1� '� ., 1 l�+ 'Y� _ _'a''�Yr �/ /19.1• ! �� IN ] r � i_ `fir t +.� � .F ✓I r-` Ikj-+ 'r r ,,� al f 4Mj�� A#1: I •.� - +res !' 'fr} 1, a1, i l i'� va ■�� f•^,. 9 ' a • r4r i i•f 7� M IA' ' vi Ir �, �° t I F I ; 1 � f "t + ,+Ilr•}:roSl Y�"t ;l=i ��+• • i�+„ ter. I v •- W {: '7 Y. i.'`' �. `��... �s'•��-^.rla;,+llM� .. ,+zfyC }�w JF6'`... r� rk �,yl7,�s���.f+!,• i r � ��. f` , • 4 ' (. I Pry (. _ moi."`^... � �� . - � _ .. • �t ,'� Y l� � � , r � t:� ' ,' .. , , •. � .. as . 4 ! y.�.. ,�r ��-� ;� C-2 District Regulations SEC. 30-54. C-2 HIGH INTENSITY COMMERCIAL DISTRICT. Sec. 30-54-1. Purpose. (A) The purpose of this district is to provide locations for a variety of commercial and service related activities within the urban service area serving a community of several neighborhoods or large areas of the county. This district is intended for general application throughout the county. High intensity commercial districts are most appropriately found along major arterial thoroughfares which serve large segments of the county's population. The C-2 district permits a wide variety of retail and service related uses. Land uses permitted in this district are generally consistent with the recommendations set forth in the transition and core land use categories of the comprehensive plan. Site development regulations are designed to ensure compatibility with adjoining land uses. (Ord. No. 042208-16, § 1, 4-22-08, Ord. No. 111213-15, § 1, 11-12-13) Sec. 30-54-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Multi -Family Dwelling * Two -Family Dwelling * 2. Civic Uses Administrative Services Clubs Cultural Services Day Care Center * C-2 District Regulations Educational Facilities, College/University Educational Facilities, Primary/Secondary Family Day Care Home Guidance Services Park and Ride Facility Post Office Public Assembly Public Parks and Recreational Areas Safety Services * Utility Services, Minor 3. Office Uses Financial Institutions General Office Medical Office Laboratories 4. Commercial Uses Agricultural Services Antique Shops Automobile Dealership Automobile Repair Services, Minor Automobile Rental/Leasing Automobile Parts/Supply, Retail Bed and Breakfast * 2 Boarding House Business Support Services Business or Trade Schools Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communications Services Construction Sales and Services * Consumer Repair Services Convenience Store * Fuel Center * Funeral Services Garden Center * Gasoline Station * Hospital Hotel/Motel/Motor Lodge Kennel, Commercial Pawn Shop Personal Improvement Services Personal Services Restaurant, Drive-in or Fast Food * Restaurant, General 3 C-2 District Regulations C-2 District Regulations Retail Sales Studio, Fine Arts Veterinary Hospital/Clinic 5. Industrial Uses Recycling Centers and Stations 6. Miscellaneous Uses Amateur Radio Tower Parking Facility * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Civic Uses Adult Care Residences Halfway House Life Care Facility Nursing Home Religious Assembly Utility Services, Major 2. Commercial Uses Adult Business * Automobile Repair Services, Major Car Wash * Commercial Indoor Amusement Dance Hall S C-2 District Regulations Equipment Sales and Rental * Manufactured Home Sales * Mini -warehouse * Outpatient Mental Health and Substance Abuse Center Recreational Vehicle Sales and Service * Surplus Sales Truck Stop * 3. Industrial Uses Custom Manufacturing * Industry, Type I Landfill, Rubble * Transportation Terminal 4. Miscellaneous Uses Broadcasting Tower * Outdoor Gatherings * (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 022796-14, § 1, 2-27-96; 042297-14, § 1, 4-22-97; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 102803-15, § 2, 10-28-03; Ord. No. 102505-7, § 2, 10-25-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052411-9, § 1, 5-24-11, Ord. No. 111213- 15, § 1, 11-12-13) Sec. 30-54-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). 5 C-2 District Regulations b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line. b. Accessory structures: Behind the front building line. 2. Side yard: None. 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. Principal structures: When adjoining property zoned R-1 or R-2, 45 feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R-1 or R-2 district is increased two feet for each foot in height over 45 feet. In all locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: actual height of principal structure. (D) Maximum coverage. 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. C: C-2 District Regulations (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 ON TUESDAY, AUGUST 9, 2016 ORDINANCE REMOVING ALL PROFFERED CONDITIONS FROM PROPERTY ZONED C-2CS, HIGH INTENSITY COMMERCIAL WITH CONDITIONS AND SPECIAL USE PERMIT, LOCATED AT 7637 WILLIAMSON ROAD, HOLLINS MAGISTERIAL DISTRICT, AND CONTAINING 0.459 ACRE (TAX MAP NO. 027.11.03-11.00-0000) WHEREAS, in May 1989, the Board of Supervisors approved a rezoning and special exception permit for retail sales of watercraft at 7637 Williamson Road, in the Hollins Magisterial District (Tax Map No. 027.11.03-11.00-0000) (the "Property"), with eight (8) proffered conditions; and WHEREAS, of the eight (8) proffered conditions, four (4) deal with the specific use of recreational vehicle sales, three (3) deal with development issues including lighting, signage, and buffers, which are addressed in Roanoke County's current zoning ordinance, and one (1) deals with hours of operation that limit future commercial uses and are inconsistent with the allowed hours of operation of neighboring businesses; and WHEREAS, the Property was never used for the purpose of retail sales of watercraft; and WHEREAS, the Property has been vacant since 2015; and WHEREAS, Stephen Hartman purchased the Property in May 2016; and WHEREAS, Mr. Hartman desires to remove the eight (8) proffered conditions from the 1989 rezoning of the property; and WHEREAS, the first reading of this ordinance was held on July 19, 2016, and the second reading and public hearing were held on August 9, 2016; and Page 1 of 2 WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 2, 2016; and WHEREAS, the Roanoke County Planning Commission recommends approval to remove all the proffered conditions from the property; and law. WHEREAS, legal notice and advertisement has been provided as required by BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. 1. All proffered conditions are removed from the property zoned C-2CS, high intensity commercial with conditions and special use permit, located at 7637 Williamson Road, in the Hollins Magisterial District, and containing 0.459 acre (Tax Map No. 027.11.03-11.00-0000). 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance 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