Loading...
HomeMy WebLinkAbout1/24/2017 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 24, 2017 RESOLUTION 012417-1 URGING CONGRESSIONAL ACTION TO ACT ON THE MARKETPLACE FAIRNESS ACT OR OTHER LEGISLATION TO COLLECT AND REMIT SALES TAXES STRUCTURED ON A SYSTEM OF COLLECTION BASED UPON THE PURCHASER'S LOCATION WHEREAS, Roanoke County urges the United States Congress to enact legislation that will enable State and Local governments to collect revenue due to local government that are essential to the expansion of our local and regional economy, creation of thousands of new jobs, enhancement of the quality of life within our communities and preservation of limited State and Local revenue sources; and local retailers have been hurt in recent years by online and catalog purchases by customers who believe they get a discount by not paying sales tax; and WHEREAS, many State and Local governments rely on the collection of sales and use taxes to support funding to improve needed infrastructure improvements, strengthen local small businesses, create jobs for their citizens, and fund essential services; and WHEREAS, local small businesses confront expanded competition from the explosion of Internet sales by remote sellers who are unwilling to collect and remit properly assessed sales taxes to State and Local governments; and WHEREAS, national studies reveal that State and Local governments lose approximately $30 billion each year from uncollected sales taxes from transactions involving remote Internet retailers; and Page 1 of 4 WHEREAS, local businesses estimate that the City of Roanoke has lost millions of uncollected sales and use taxes from remote online sales; and WHEREAS, State and Local associations, including the Government Finance Officers Association, the National League of Cities, the National Association of Counties, the United States Conference of Mayors, and the National Governors Association, along with partners in the retail community, worked together for years to develop a fair and easy system to collect and remit these sales taxes structured on a system of collection based on the purchaser's location; and WHEREAS, through this collaborative effort, we believe that an effective and efficient response in eliminating the competitive disadvantage faced by our local small business retailers appeared in 2013 when the Marketplace Fairness Act passed in the United States Senate through a bi-partisan effort and would have established a fair system for the collection of existing taxes owed to State and Local government, and address the pressing need to level the playing field among remote Internet sellers and local "bricks and mortar" retailers; and WHEREAS, following the passage of the Marketplace Fairness Act by the United States Senate in 2013, the United States House of Representatives did not vote on the Marketplace Fairness Act or any alternative to address this critical economic development issue, and this inaction by the House of Representatives caused the United States Senate to reintroduce the Marketplace Fairness Act in 2015; and WHEREAS, the continued inability of Congress to reach a consensus has resulted in an increase in the Virginia state sales tax from 5.0% to 5.3% and has placed significant and challenging limitations on localities; and Page 2 of 4 WHEREAS, 2017 is now the opportunity for the 115th Congress to demonstrate real political courage and break this unwarranted and unjustified stalemate by moving the Marketplace Fairness Act or other legislation to collect and remit sales taxes structured on a system of collection based on the purchaser's location through the United States Senate and United States House of Representatives during its 2017 session in order to protect localities and level the playing field between local retailers and remote Internet sellers. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County that: 1. The Board of Supervisors urges Senate Majority Leader Mitch McConnell, Senator Mark Warner, Senator Tim Kaine, and all United States Senators to reintroduce the Marketplace Fairness Act into the United States Senate during its 2017 session. 2. The Board of Supervisors urges Speaker Paul Ryan, Chairman Bob Goodlatte, and all Members of the House of Representatives to act on the Marketplace Fairness Act or other legislation to collect and remit sales taxes structured on a system of collection based upon the purchaser's location in the House Judiciary Committee. 3. The Board of Supervisors urges the United States Senate and the United States House of Representatives to hold votes to pass the Marketplace Fairness Act or other legislation to collect and remit sales taxes structured on a system of collection based upon the purchaser's location during the 2017 session and send the clear and unequivocal message to States and Localities that the United States Congress supports small business women and men who create jobs, produce revenues to support Page 3 of 4 essential infrastructure improvements, and create a stronger and more resilient economy for the benefit of all Americans. 4. The Board of Supervisors directs the County Clerk to provide attested copies of this resolution to The Honorable Paul Ryan, Speaker of the United States House of Representatives, The Honorable Bob Goodlatte, Chairman of the House Judiciary Committee, The Honorable Mitch McConnell, Senate Majority Leader of the United States Senate, The Honorable Mark Warner, United States Senator, and The Honorable Tim Kaine, United States Senator. On motion of Supervisor McNamara to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Peters, McNamara NAYS: Supervisor Bedrosian A COPY TESTE: 1J000IQII V. JQVr%J Chief Deputy Clerk to Board of Supervisors cc: Mr. Thomas C. Gates, Roanoke County Administrator The Honorable Paul Ryan, Speaker of the United States House of Representatives The Honorable Bob Goodlatte, Chairman of the House Judiciary Committee The Honorable Mitch McConnell, Senate Majority Leader of the US Senate The Honorable Mark Warner, United States Senator The Honorable Tim Kaine, United States Senator Page 4 of 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 24, 2017 RESOLUTION 012417-2 URGING THE GENERAL ASSEMBLY AND GOVERNOR TO REAFFIRM THEIR COMMITMENT TO EXPANSION OF HIGH SPEED QUALITY INTERNET SERVICE TO ALL REGIONS OF THE COMMONWEALTH OF VIRGINIA TO ENSURE A STRONGER AND MORE STABLE ECONOMY AND QUALITY OF LIFE BY OPPOSING HB 2108 OR ANY OTHER EFFORT TO UNDERMINE THE CREATION, DEVELOPMENT, AND EXPANSION OF REGIONAL OR MUNICIPAL BROADBAND AUTHORITIES CREATED UNDER THE VIRGINIA WIRELESS SERVICES ACT OR OTHER SECTIONS OF THE CODE OF VIRGINIA WHEREAS, the County of Roanoke, in partnership with Botetourt County, the City of Roanoke, and the City of Salem created the Roanoke Valley Broadband Authority (RVBA) as a critical tool for encouraging high value and sustainable economic development across the Roanoke Valley; and WHEREAS, the mission of RVBA is to improve high-speed internet services throughout Roanoke Valley and create collaboration and competition among institutions, government facilities, and businesses in an around the region; and WHEREAS, the availability of high-speed, affordable internet services is an essential component of the technical infrastructure to attract, retain, and expand economic opportunities for localities in Roanoke Valley and throughout the Commonwealth; and WHEREAS, the quality of life within Roanoke County and our region, Virginia's Blue Ridge, is enhanced with the presence of 21St century industries and institutions that rely upon quality internet services; and Page 1 of 3 WHEREAS, Roanoke County's economic future is threatened by legislation that seeks to create unnecessary regulatory barriers to the growth of regional broadband authorities; and WHEREAS, legislation such as HB 2108, if enacted, will diminish competition in the marketplace, reduce private sector incentive to expand high-speed quality and affordable internet services to all areas of our region, limit price competitiveness for consumers, and hamper the ability of our region to compete with localities throughout the Country; and WHEREAS, the Roanoke County Board of Supervisors desires to send a strong and unequivocal message to the General Assembly and the Governor that legislation such as HB 2108 is detrimental to economic growth and development. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia that: 1. Roanoke County reaffirms its support for the mission of RVBA and the opportunities that a fully developed regional broadband authority will provide the County and our region and opposes enactment of HB 2108 or any other legislative initiative to impose regulatory barriers that will impede the creation, development, expansion, or sustainability of RVBA or other regional broadband authorities. 2. Roanoke County urges the General Assembly and the Governor to oppose enactment of HB 2108, as presently drafted or as may be amended, and reaffirm their commitment to all localities in developing cooperative regional opportunities for economic growth, job creation, and enhancement of the quality of life for all Virginians. Page 2 of 3 3. A copy of this resolution be provided to The Honorable Terence R. McAuliffe, Governor of the Commonwealth of Virginia, The Honorable William J. Howell, Speaker of the House of Delegates of Virginia, The Honorable Ralph S. Northam, Lieutenant Governor and Presiding Officer of the Senate of Virginia, and all Delegates and Senators within the legislative delegation of Roanoke County and our region. On motion of Supervisor McNamara to adopt the resolution, seconded by Supervisor Assaid and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Peters, McNamara NAYS: Supervisor Bedrosian A COPY TESTE: Deborah C. Jacks J Chief Deputy Clerk to t64 Board of Supervisors cc: Mr. Thomas C. Gates, Roanoke County Administrator The Honorable Terence R. McAuliffe, Governor of the Commonwealth of Virginia The Honorable William J. Howell, Speaker of the House of Delegates of Virginia The Honorable Ralph S. Northam, Lieutenant Governor; Presiding Officer of the Senate of Virginia The Honorable John S. Edwards, United States Senator The Honorable David R. Suetterlein, United States Senator The Honorable Stephen D. Newman, United States Senator The Honorable Gregory D. Habeeb, House of Delegates The Honorable Christopher Head, House of Delegates Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 24, 2017 ORDINANCE 012417-3 ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $921,970 FOR PLANTATION ROAD BICYCLE, PEDESTRIAN AND STREETSCAPE IMPROVEMENT PROJECT WHEREAS, the Roanoke Valley Transportation Planning Organization (RVTPO) developed the Fiscal Year 2017-2022 Regional Surface Transportation Plan (RSTP) Six -Year Financial Plan. The Fiscal Year 2017-2022 plan included additional funds that were not originally programmed in the current financial plan, but could be used to accelerate current projects, or fund deficits; and WHEREAS, in reviewing the construction bid estimates for the Plantation Road Project, the available funds were approximately $380,000 short of the required amount. An additional $400,000 was requested and added to the project; and WHEREAS, on August 25, 2016, the RVTPO endorsed the Fiscal Year 2017- 2022 RSTP Six -Year Financial Plan. The plan included an additional $400,000 for the Plantation Road Project with the allocation of the additional $400,000 being scheduled for fiscal year 2017 to be accepted and appropriated by Roanoke County; and WHEREAS, funds in the amount of $317,318 from the Virginia Department of Transportation (VDOT) Revenue Sharing Program have been identified from two cancelled projects (Sugar Loaf Mountain Road guardrail project and Fort Lewis Church Road drainage project) to be used in the Plantation Road Project, to be accepted and appropriated; and Page 1 of 3 WHEREAS, the County is participating in the improvement of a section of highway designated as Plantation Road, Bicycle, Pedestrian and Streetscape Improvements Project, which will necessitate changes to the Authority's water and sewer facilities. The estimated cost is $204,652 and the Authority will reimburse the County for cost incurred for this facility betterment and such funds to be accepted and appropriated by Roanoke County; and WHEREAS, the total of the above referenced funds equal $921,970; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on January 10, 2017 and the second reading was held on January 24, 2017. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows.. 1. That the sum of $400,000 is accepted and appropriated from the Regional Surface Transportation Program for the purpose of completing the Plantation Road Bicycle, Pedestrian and Streetscape Improvement Project. 2. That the sum of $317,318 is accepted and appropriated from the Virginia Department of Transportation (VDOT) Revenue Sharing Program for the purpose of completing the Plantation Road Bicycle, Pedestrian and Streetscape Improvement Project. 3. That the sum of $204,652 is accepted and appropriated from the Western Virginia Water Authority for the costs of water and sewer facility Page 2 of 3 betterment which costs are required by the improvements of the Plantation Road Bicycle, Pedestrian and Streetscape Improvement Project. 4. That this ordinance shall take effect upon its adoption. On motion of Supervisor Bedrosian to adopt the ordinance, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara NAYS: None A COPY TESTE: Deborah C. Jacks' Chief Deputy Clerk Y6 the Board of Supervisors cc: Richard L. Caywood, Assistant County Administrator Rebecca Owens, Director of Finance Christopher Bever, Director of Management and Budget Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 24, 2017 ORDINANCE 012417-4 TO ACCEPT AND APPROPRIATE $29,680 FROM FRANKLIN COUNTY FOR THE REIMBURSEMENT FOR LOGGING RECORDER SERVICES AND SITE USE AT CROWELL'S GAP WHEREAS, in May of 2015, The Board of Supervisors approved the Intergovernmental Agreement for Franklin County to join the City and County of Roanoke radio system. As part of this agreement, Franklin County will need access to the County owned radio site located at Crowell's Gap; and WHEREAS, the access will allow Franklin County an entry point to the radio system prime site, use of a microwave backbone and use of the tower facilities as a transceiver site for their radio system; and WHEREAS, Franklin County has also requested the services of our logging recorder for their new radio system; and WHEREAS, connecting these two systems will have many benefits, one of which will be interoperability between the municipalities; and WHEREAS, the system addition will expand regional radio coverage from 260 square miles to an estimated 950 square mile area. This will allow each locality seamless uninterrupted communications within both radio system areas; and WHEREAS, Franklin County annually reimburses expenses associated with this access to Roanoke County, which in this cycle is the sum of $29,680; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and Page 1 of 2 WHEREAS, first reading of this ordinance was held on January 10, 2017, and the second reading was held on January 24, 2017. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $29,680 is hereby appropriated to Communications and Information Technology from Franklin County annually for the reimbursement of expenses associated with site access, logging recorder services, and use of the microwave system. 2. That this ordinance shall take effect upon its adoption. On motion of Supervisor McNamara to adopt the ordinance, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Peters, McNamara NAYS: None A COPY TESTE: Chief Deputy Clerk td the Board of Supervisors cc: Bill Hunter, Director of Communications and information Technology Rebecca Owens, Director of Finance Christopher Bever, Director of Management and Budget Page 2 of 2 ACTION NO. A -012417-5.a 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: January 24, 2017 AGENDA ITEM: Request to accept and allocate funds in the amount of $14,039.07 to the Clerk of the Circuit Court from the Commonwealth of Virginia SUBMITTED BY: APPROVED BY: ISSUE: Jill Camilletti Deputy Clerk IV Thomas C. Gates County Administrator Request to accept and allocate funds in the amount of $14,039.07 to the Clerk of the Circuit Court from the Commonwealth of Virginia. BACKGROUND: Technology Trust Funds represent fees collected by the Roanoke County Circuit Court Clerk's Office and received from the State in the amount of $14,039.07. In accordance with State of Virginia Code Section 17.1-279, the Circuit Court Clerk's Office shall assess a $5.00 fee called a Technology Trust Fund fee. Each month, the Clerk's Office can request the fees that were assessed the previous month. The code section further states that four dollars of every five dollar fee shall be allocated by the Compensation Board from the trust fund for the purposes of obtaining and updating office automation and information technology equipment including software and conversion services; preserving, maintaining and enhancing court records, including, but not limited to the costs of repairs, maintenance, and records, consulting services, service contracts, redaction of social security numbers from land records and system replacement or upgrades and improving public access to court records. DISCUSSION: The funds received from the Commonwealth of Virginia have been earmarked for maintenance and postage needs for the Clerk of Circuit Court, specifically towards the Page 1 of 2 twice yearly maintenance bill from the Supreme Court for maintaining their records, equipment, etc. FISCAL IMPACT: All funds are provided by the Commonwealth of Virginia. No County matching funds are required. STAFF RECOMMENDATION: Staff recommends accepting and allocating $14,039.07 to the Clerk of Circuit Court for the fiscal year 2016/2017. VOTE: Supervisor McNamara moved to approve the appropriation and Supervisor Hooker seconded the motion. Motion approved. cc: Steve McGraw, Clerk of Circuit Court Jill Camilletti, Deputy Clerk Rebecca Owens, Director of Finance Christopher Bever, Director of Management and Budget Page 2 of 2 Yes No Absent Mr. Assaid ® ❑ ❑ Mr. Bedrosian ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Peters ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: Steve McGraw, Clerk of Circuit Court Jill Camilletti, Deputy Clerk Rebecca Owens, Director of Finance Christopher Bever, Director of Management and Budget Page 2 of 2 ACTION NO. A -012417-5.b ITEM NO. 1-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 24, 2017 AGENDA ITEM: Request to accept and allocate funds in the amount of $2,000 for the Public Safety Answering Points (PSAP) Educational Grant Program SUBMITTED BY: APPROVED BY: ISSUE: Susan Slough Assistant Director of Communications & Technology Thomas C. Gates County Administrator Request to accept and allocate fund in the amount of $2,000 in grant funding from the Virginia Information Technology Agency Public Safety Access Point (PSAP) program. BACKGROUND: The Virginia Information Technologies Agency awards grant funds from 911 user taxes. The purpose of the program is to financially assist Virginia primary Public Safety Answering Points (PSAPs) with the purchase of equipment, services and training that support the continuity and enhancement of wireless E-911. DISCUSSION: Each year the Roanoke County E-911 Center has applied for, and been awarded, an educational grant, provided by the Virginia E-911 Services Board. This grant is used to offset the expense of training. FISCAL IMPACT: Awarded grant funds total $2,000. No local matching funds are required. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends accepting and allocating $2,000 for the Public Safety Access Point grant program. VOTE: Supervisor McNamara moved to approve the appropriation and Supervisor Hooker seconded the motion. Motion approved. cc: Bill Hunter, Director of Communications and Information Technology Rebecca Owens, Director of Finance Christopher Bever, Director of Management and Budget Page 2 of 2 Yes No Absent Mr. Assaid ® ❑ ❑ Mr. Bedrosian ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Peters ® ❑ ❑ Mr. McNamara ® ❑ ❑ cc: Bill Hunter, Director of Communications and Information Technology Rebecca Owens, Director of Finance Christopher Bever, Director of Management and Budget 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, JANUARY 24, 2017 RESOLUTION 012417-5.c REQUESTING ACCEPTANCE OF A PORTION OF IVYLAND ROAD, VINTON MAGISTERIAL DISTRICT, INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM WHEREAS, the street described below currently serves at least three families and was established prior to July 1, 1992, at which time it was used by motor vehicles as a public access; and WHEREAS, the County has determined its subdivision ordinance satisfies subsection B of §33.1-72.1, Code of Virginia, and is therefore eligible to make qualifying additions to the secondary system of state highways maintained by the Virginia Department of Transportation and fund necessary improvements as set out therein, except as otherwise prohibited by subsection B of §33.1-72.2, Code of Virginia; and WHEREAS, after examining the ownership of all property abutting this street, including the deeds and related plats, this Board finds no restriction on the use of public funds for improving of the road; and WHEREAS, after examining the ownership of all property abutting this street, this Board finds that speculative interest does not exist; and WHEREAS, this Board has identified immediately available funding to make improvements required to qualify the street for addition to the aforesaid secondary system of state highways, based on the Department's cost estimate of $ 213,645. NOW, THEREFORE, BE IT RESOLVED, pursuant to §33.1-72.1, Code of Virginia, this Board requests the following street be added to the secondary system of state highways maintained by the Virginia Department of Transportation and hereby Page 1 of 3 guarantees the right-of-way of the street to be clear, unencumbered and unrestricted, which right of way guarantee shall including any necessary easements required for cuts, fills, and drainage: Name of Subdivision: Map of O.C. AND LUCY HUFFMAN Name of Street: IVYLAND ROAD From: 0.30 Mile from intersection of Rutrough Road, Rte. 618 To: Proposed cul-de-sac Length: 0.2060 miles Guaranteed Right -of -Way Width: 40 feet + (R/IV Width Varies) Right of Way or Instrument Instrument #: 201612674 - 201612689 (16 Deeds Total) and Reference 200916239 (1 Deed Total). and Dates Recorded: 12/22/2016 and 12/8/2009 BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to improve said street to the prescribed minimum standards, funding said improvements with the following funds; Source of Funds I Amount VDOT / Roanoke County Revenue Sharing Program Funds 1 $ 213,645 BE IT FURTHER RESOLVED, this Board agrees to reimburse, within 45 -days of receiving an invoice, all costs that the Virginia Department of Transportation incurs to relocate existing utilities within the right of way that are discovered during the course of and in conflict with the construction, drawing such funds from resources other than those administered by the Department; and Page 2 of 3 BE IT FURTHER RESOLVED, this Board agrees to reimburse, within 45 -days of receiving an invoice, all costs that the Virginia Department of Transportation incurs in the construction of necessary improvements to the road that are over and above the estimated cost of improvements or to otherwise identify an eligible source of funds administered by the Department to cover such costs; and BE IT FINALLY RESOLVED, that a certified copy of this resolution and a County check in the amount of $ 0 , be forwarded to the Residency Administrator of the Virginia Department of Transportation. On motion of Supervisor McNamara to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara NAYS: None A COPY TESTE: Deborah C. Jacks Chief Deputy Clerk toWe Board of Supervisors cc: Arnold Covey, Director of Community Development Virginia Department of Transportation Page 3 of 3 PROPERTY of ANG-ELA ANN TAYLOR AND DOROTHEA CHRISTINA TAYLOR Su&Ecr ro CAROLYN F. BARLOW LIFE ESTATE x947 ACRES RIS7RUMEM 12 0 0 322 19 7 ti TAX Na 06 8 0 0-02-17.00 A2 INSTR. #201612683 7_ �T•_ 21 Ko f E A ��ry� $•yeah' 6 N ,618 w PROPERTY OF JOSH N. LEFFELL & m MELISSA R. LEFFELL 0.52 ACRES INS7RUMENT OW900189 20 TAX Na 080.03-01-06.00 INSTR. #_01012682 N 7530'3." W PROPERTY 107.00 KENNETH H. ROBERTS, 1 RUTH ROBERTS WHARTON JORDAN AND DEBORAH H. PULLEY -; 2.46 ACRES W.B. 44, PG 1854 and W.a 44 PC. 1855 1 $ TAX Na 08a03-01-0600 UINTR. &201612680 LEGEND 0.2060 Miles TO BE ACCEPTED INTO THE STATE SYSTEM FOR MAINTENANCE RIGHT-OF-WAY TO BE ACCEPTED END STATE EXISTING EOSM MAINTENANCE "SIGN" a2�AGE 616 b"5: PROPERTY OF DOROTHEA CHRISTINA 27 TAYLOR kN& CARL H. LEGANS a5248 ACRES D.B. 1690, Pa 921 28 BACK CREEK W TAX a 080.03-01-0300 INSTR.#201612686 15' ROAD EASEMENT „ D.B. 1049, PG. 707 N � ��A PROPERTY OF � BRUCE L. LEFTWICH 13 1.5 ACRES Oa TAX Na3080.03-Of-09.00 INSTR. #20126, of PROPERTY OF RUSSELL N, POINDEXTER 1.00 ACRES DA 1235, PG 635 TAX Na 080.03 -Of -10.00 INSTR. #201c1267a' U C. it ND LUL'Y IIUFFM,AN M,I P PROPERTY OF W DARRICK A. & LINDA M.� V) JONES 0 a r 16.379 ACRESZ w Ori 4; D.B. 165Q PG 1506 O WSW. 1 200916239 TAX Na 080.00-02-16.00 U1 > } 39-40 DIV OF HUFfMAN LAND BACK CREEK N38°14'23"W CD Z N V Q 86 S38`19'38"E 6909 N oww� a ? oW PROPERTY OF 24 ANTHONY D. & ANNIE H. Q W Z F- 5 o w c 1 PRESTON ;3J 1.019 ACRES w w o Q to RIS7RUMENT 1200405232 U BACK CREEK J TAX Na 080.03-01-0500 INSTR. #201612684 460.00' LEGEND 0.2060 Miles TO BE ACCEPTED INTO THE STATE SYSTEM FOR MAINTENANCE RIGHT-OF-WAY TO BE ACCEPTED END STATE EXISTING EOSM MAINTENANCE "SIGN" a2�AGE 616 b"5: PROPERTY OF DOROTHEA CHRISTINA 27 TAYLOR kN& CARL H. LEGANS a5248 ACRES D.B. 1690, Pa 921 28 BACK CREEK W TAX a 080.03-01-0300 INSTR.#201612686 15' ROAD EASEMENT „ D.B. 1049, PG. 707 N � ��A PROPERTY OF � BRUCE L. LEFTWICH 13 1.5 ACRES Oa TAX Na3080.03-Of-09.00 INSTR. #20126, of PROPERTY OF RUSSELL N, POINDEXTER 1.00 ACRES DA 1235, PG 635 TAX Na 080.03 -Of -10.00 INSTR. #201c1267a' U C. it ND LUL'Y IIUFFM,AN M,I P LINE & CURVE TABLE LINE I BEARING LENGTH RADIUS 37-38 VICTORIA M. N30'07'25"W 119.86' 420.00' 38-39 2.00 ACRES N38°14'23"W 119.16' 39-40 DIV OF HUFfMAN LAND BACK CREEK N38°14'23"W 83.44' 40-41 S38`19'38"E N37`11'24"W 12.70' 320.00' 41-42 N36°03'09"W 27.59' LEGEND 0.2060 Miles TO BE ACCEPTED INTO THE STATE SYSTEM FOR MAINTENANCE RIGHT-OF-WAY TO BE ACCEPTED END STATE EXISTING EOSM MAINTENANCE "SIGN" a2�AGE 616 b"5: PROPERTY OF DOROTHEA CHRISTINA 27 TAYLOR kN& CARL H. LEGANS a5248 ACRES D.B. 1690, Pa 921 28 BACK CREEK W TAX a 080.03-01-0300 INSTR.#201612686 15' ROAD EASEMENT „ D.B. 1049, PG. 707 N � ��A PROPERTY OF � BRUCE L. LEFTWICH 13 1.5 ACRES Oa TAX Na3080.03-Of-09.00 INSTR. #20126, of PROPERTY OF RUSSELL N, POINDEXTER 1.00 ACRES DA 1235, PG 635 TAX Na 080.03 -Of -10.00 INSTR. #201c1267a' � U. L.ANI' LYHL F 1,'0 MAP RR ?. I RB. PG. 130 $ S'IO�aO9a U C. it ND LUL'Y IIUFFM,AN M,I P LINE & CURVE TABLE P.S. 2 Pr, 130 30 PROPERTY OF RADIUS VICTORIA M. a708 ACRES INSTRUMENT 1201401705 POINDEXTER 25.05' 2.00 ACRES 2-3 D.B. 1488, PG WU PT TR 6 DIV OF HUFfMAN LAND BACK CREEK TAX Na 060.03-01-0200 INSTR. #201612685 � U. L.ANI' LYHL F 1,'0 MAP RR ?. I RB. PG. 130 $ S'IO�aO9a EXHIBIT "A" PROPERTY OF DACAL-TEIJEIRO, PROPERTIES, LLC SHOWING 0.87 ACRESInstr. IVYLAND ROAD TAX NoTAX Na 201311777 � d . 08003-01-11.00 REQUESTED BY INSTR. #201612679 BOARD OF SUPERVISORS,DOUGPROPERTY OF c� LAS & DELORES ROANOKE COUNTY POa6DACRES INSTRUMENT 1200302747 TO BE ACCEPTED INTO TAX No. 080.03-01-12.00 INSTR. #2016121,77 6 �6 g6• VIRGINIA DEPARTMENT RUSSELLNDEXTER 1.02 ACRES 5 Ob 4 106 OF TRANSPORTATION D.B. 080. PG -13. (�4. TAX No. 080.01612673.00 INSTK. #_01612676 +1►� PROPERTY OF SECONDARY SYSTEM WILLIAM & MELANIE,,----** CASSELL PROPERTY OF FRANK H. & SYLVERIA K. E ENGLISH a0 09 1.00 ACRES 02�aj9� D.B. 1180, PG 219 PT TRACT 6 BACK CREEK TAX No. 060.03-01-01.01 INSTR. #2016126N7 EA PROPERTY OF u. DOUGLAS C. & CHERYL R. r POIN ACRES EXTER 1.3188 ACRES D.B. 1134, PG 301 LOT A TAX Na 080.03 -Of -01.00 ^� INSTR. 1200812862 INSTR. h!201612688 VINTON MAGISTERIAL DISTRICT Lor? RAnoN LINE & CURVE TABLE LINE BEARING LENGTH RADIUS 1-2 a708 ACRES INSTRUMENT 1201401705 S37"10'00"E 25.05' 2-3 CRES S38°19'38"E 52.59' �o� 017_s14'� 3-4 06 S38`19'38"E 66.48' 'I 4-5 S37°38'44"E 10.95' 460.00' 5-6 INSTR #201612C74 S36°00'38"E 15.31' 460.00' 6-7 S27'38'33"E 118.73' 460.00' 7-8 S20`13'39"E 5.71' 8-9 S20°13'39"E 68.85' 9-10 S19°25'33"E 3.36' 120.00' 10-11 S18°37'26"E 25.79' 11-12 S18'37'26"E 101.80' 12-13 S1 8'37'26"E 32.87' 13-14 S18°12'14"E 1.76' 120.00' 14-15 S17°47'02"E 75.83' 15-16 S17`47'02"E 70.13' 16-17 S15`49'41 "E 15.02' 220.00' 17-18 S13°52'20"E 86.88' 18-19 S14°41'25"E 5.14' 180.00' 19-20 S15'30'30"E 18.26' 20-21 S1530'30"E 145.86' 21-22 S1530'30"E 58.85' 22-23 S1530'30"E 12.50' 23-24 N6837'40"W 72.33' 45.00' 24-25 N21°11'26"E 29.88' 25.00' 25-26 N1530'30"W 129.87' 26-27 N15°30'30"W 38.23' 27-28 N14'41'25"W 6.28' 220.00' 28-29 N13°52'20"W 84.60' 29-30 N15`27'52"W 14.57' 180.00' 30-31 N17°47'02"W 145.95' 31-32 N18`12'14"W 1.17' 80.00' 32-33 N1837'26"W 104.56' 33-34 N1837'26"W 55.91' 34-35 N19°25'33"W 2.24' 80.00' 35-36 N20°13'39"W 74.56' 36-37 N21 °04'25"W 12.40' 420.00' EXHIBIT "A" PROPERTY OF DACAL-TEIJEIRO, PROPERTIES, LLC SHOWING 0.87 ACRESInstr. IVYLAND ROAD TAX NoTAX Na 201311777 � d . 08003-01-11.00 REQUESTED BY INSTR. #201612679 BOARD OF SUPERVISORS,DOUGPROPERTY OF c� LAS & DELORES ROANOKE COUNTY POa6DACRES INSTRUMENT 1200302747 TO BE ACCEPTED INTO TAX No. 080.03-01-12.00 INSTR. #2016121,77 6 �6 g6• VIRGINIA DEPARTMENT RUSSELLNDEXTER 1.02 ACRES 5 Ob 4 106 OF TRANSPORTATION D.B. 080. PG -13. (�4. TAX No. 080.01612673.00 INSTK. #_01612676 +1►� PROPERTY OF SECONDARY SYSTEM WILLIAM & MELANIE,,----** CASSELL PROPERTY OF FRANK H. & SYLVERIA K. E ENGLISH a0 09 1.00 ACRES 02�aj9� D.B. 1180, PG 219 PT TRACT 6 BACK CREEK TAX No. 060.03-01-01.01 INSTR. #2016126N7 EA PROPERTY OF u. DOUGLAS C. & CHERYL R. r POIN ACRES EXTER 1.3188 ACRES D.B. 1134, PG 301 LOT A TAX Na 080.03 -Of -01.00 ^� INSTR. 1200812862 INSTR. h!201612688 VINTON MAGISTERIAL DISTRICT Lor? RAnoN PROPERTY OF PA 8, Pa 64 P.B. $ PG 64 SHARON STA KE Y ROANOKE COUNTY, VIRGINIA a708 ACRES INSTRUMENT 1201401705 LOT 6 ARE CORPORAnON WILCL P.& 8, PC. 64 �� 1 TrvNR. CRES SCALE: 1"= 100' DATE: DECEMBER 22, 2016 �o� 017_s14'� DA 1062 PC 4 06 INSTR.1201000974 'I PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVEIDPMENT TAX Na 880.03-01-15.00 INSTR #201612C74 iE OF PAVEMENT 08 21 �1 PROPERTY OF 4'116 TONY POINDEXTER a554 ACRES TAX Na O6a03-01-01.02 39 Lor 8 INSTR. f 200813260 INSTR. #_016120.89 EOS M "SIGN" 40 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 24, 2017 RESOLUTION 012417-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for January 24, 2017, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3 inclusive, as follows: 1. Request to accept and allocate funds in the amount of $14,039.07 to the Clerk of the Circuit Court from the Commonwealth of Virginia for fiscal year 2016/2017 2. Request to accept and appropriate funds in the amount of $2,000 for the Public Safety Answering Points (PSAP) Educational Grant Program 3. Resolution requesting acceptance of a portion of Ivyland Road into the Virginia Department of Transportation Secondary System of Highways, Vinton Magisterial District On motion of Supervisor McNamara to adopt the ordinance, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara NAYS: None A CURY TESTE: Deborah C. Jacks Chief Deputy Clerk 44he Board of Supervisors 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, JANUARY 24, 2017 ORDINANCE 012417-6 GRANTING A SPECIAL USE PERMIT FOR THE CONSTRUCTION OF A MINI -WAREHOUSE FACILITY ON A 3.97 ACRE PARCEL LOCATED AT THE INTERSECTION OF PLANTATION ROAD AND HITECH ROAD, IN THE HOLLINS MAGISTERIAL DISTRICT (TAX MAP NO. 027.10-09-06.00-0000) WHEREAS, the first reading of this ordinance was held on December 19, 2016, and the second reading and public hearing were held on January 24, 2017; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on January 3, 2017; and WHEREAS, the Planning Commission recommends approval of the petition with conditions; and law. WHEREAS, legal notice and advertisement has been provided as required by NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to allow the construction of a mini -warehouse facility on a 3.97 acre parcel located at 0 Plantation Rd. (Tax Map No. 027.10-09-06.00-0000), in the Hollins Magisterial District, is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2- 2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, Page 1 of 4 and the said special use permit is hereby approved with the following conditions: a. The site shall be developed in general conformance with the concept plan titled "Plantation Storage Master Plan prepared by Balzer and Associates, Inc." dated November 23, 2016, revised December 8, 2016, and January 4, 2017, subject to special use permit conditions and those changes which may be required by Roanoke County during the site plan review process. b. The building shall be developed in general conformance to the architectural renderings titled "Plantation Storage prepared by Jones & Jones Associates Architects PC" dated December 8, 2016. The proposed conceptual left side elevation shall generally match the right side elevation. c. Freestanding light poles, including fixture, shall not be more than 25 feet above grade. All exterior lights shall be down -lit or shielded so as not to direct glare onto adjoining streets or residential properties. d. A vehicular entrance shall be prohibited on the property along Plantation Road. e. Freestanding signage shall be limited to one (1) monument sign in substantial conformance with the sign detail prepared by Jones & Jones Associates Architects PC dated December 8, 2016. Digital and LED faces are prohibited. The monument sign shall only be lit from the Page 2 of 4 ground and not cause glare onto adjacent roads or properties. No neon signage shall be allowed on the property. f. A 10 -foot planting strip shall be installed on the property along the Hitech Road right-of-way. The planting strip shall meet the requirements of Section 30-92-6(B)2 of the Code of Roanoke County. The outdoor storage areas shall be screened by a 10 -foot landscaped area consisting of large evergreen trees in accordance with Section 30-92 of the Code of Roanoke County. g. The dumpster enclosure will be constructed with masonry materials that match those used on the building fagade. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or part of ordinances in conflict with the provisions of this ordinance shall 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 Bedrosian to adopt the ordinance, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara NAYS: None A COPY/TESTE: Deborah C. Jacks 6 h/ Chief Deputy Clerk t th Board of Supervisors Page 3 of 4 cc: Arnold Covey, Director of Community Development Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Development William Driver, Director of Real Estate Evaluation Peter Lubeck, Senior Assistant County Attorney John Murphy, Zoning Administrator Page 4 of 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 24, 2017 ORDINANCE 012516-7 REZONING APPROXIMATELY 0.67 ACRE FROM AR (AGRICULTURAL/ RESIDENTIAL) DISTRICT TO AV (AGRICULTURAL/ VILLAGE CENTER) DISTRICT ON PROPERTY LOCATED AT 10102 BENT MOUNTAIN ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT (TAX MAP NO. 111.00-02-44.00-0000) WHEREAS, the first reading of this ordinance was held on December 19, 2016, and the second reading and public hearing were held on January 24, 2017; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on January 3, 2017; 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 0.67 acre, as described herein, and located at 10102 Bent Mountain Road (Tax Map No. 111.00-02-44.00-0000) in the Windsor Hills Magisterial District is hereby changed from the zoning classification of AR (Agricultural/ Residential) District to the zoning classification of AV (Agricultural/ Village Center) 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 utilized only as a financial institution, general office, medical office, antique shop, consumer repair service, personal improvement service, fine arts studio, veterinary hospital or clinic, or for personal services, agricultural services or retail sales after obtaining a special use permit. B. Hours of operation shall be limited to 8:00 A.M. to 9:00 P.M., Sunday through Saturday. C. Any exterior lighting shall be shielded as to direct light downward. D. The building exterior shall be developed in general conformity to the submitted design rendering. E. Freestanding signage shall not exceed six feet in height and/or thirty square feet in size. 3. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or part of ordinances in conflict with the provisions of this ordinance shall 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, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara NAYS: None Page 2 of 3 A COPY TESTE: C. Jacks Chief Deputy Clerk to Ifie Board of Supervisors cc: Arnold Covey, Director of Community Development Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Development William Driver, Director of Real Estate Evaluation Peter Lubeck, Senior Assistant County Attorney John Murphy, Zoning Administrator Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 24, 2017 ORDINANCE 012417-8 GRANTING A SPECIAL USE PERMIT FOR THE OPERATION OF A SPECIAL EVENTS FACILITY IN A AG -1 (AGRICULTURAL/ RURAL LOW DENSITY) DISTRICT ON A 14.954 ACRE PARCEL LOCATED AT 5198 BLACKSBURG ROAD, IN THE CATAWBA MAGISTERIAL DISTRICT (TAX MAP NO. 14.00-01-08) WHEREAS, the first reading of this ordinance was held on December 19, 2016, and the second reading and public hearing were held on January 24, 2017; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on January 3, 2017; and WHEREAS, the Planning Commission recommends approval of the petition with conditions; and law. WHEREAS, legal notice and advertisement has been provided as required by NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to allow the operation of a special events facility on in a AG -1 (agricultural/ rural low density) district a 14.954 acre parcel located at 5198 Blacksburg Rd. (Tax Map No. 14.00-01-08), in the Catawba Magisterial District, is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding Page 1 of 3 neighborhood or community, and the said special use permit is hereby approved with the following conditions: a. The site shall be developed in general conformance with the concept plan dated January 23, 2017, subject to those changes, which may be required by Roanoke County during the plot plan review process. Event activities and event parking shall be limited to the designated area set forth in the concept plan dated January 23, 2017. b. Signage shall be limited to one freestanding sign measuring thirty square feet in size and ten feet in total height. Digital and LED sign faces are prohibited. c. Portable sanitation services shall be fully screened from public view. d. Parking shall be prohibited on Blacksburg Road. e. All exterior lighting fixtures shall be designed, located and arranged so as not to direct glare on adjoining streets or a residential use type. The intensity at adjoining streets or a residential use type shall not exceed 0.5 foot candles. f. Using or operating a loudspeakers or microphones shall be allowed between the hours of 12:00 p.m. and 9:30 p.m. Loudspeakers, if used, shall be positioned so that sound is directed away from neighboring residences. Musical instruments shall not be connected to loudspeakers or any other sound amplification device. g. The number of people at each event shall be limited to 150. Page 2 of 3 h. Events may be held at the facility each year from April 1 through October 31. The number of events shall not exceed 21 per year. During the first year of operation (2017), each event shall be reported to the Roanoke County Department of Community Development in advance of the event. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or part of ordinances in conflict with the provisions of this ordinance shall 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 Hooker to adopt the ordinance, seconded by Supervisor McNamara and carried by the following recorded vote: AYES: Supervisors Bedrosian, Hooker, McNamara NAYS: Supervisors Assaid, Peters Chief Deputy Clerk cc: Arnold Covey, Director of Community Development Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Development William Driver, Director of Real Estate Evaluation Peter Lubeck, Senior Assistant County Attorney John Murphy, Zoning Administrator Page 3 of 3 yrs AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 24, 2017 ORDINANCE 012417-9 REZONING APPROXIMATELY 2.93 ACRES FROM R-1 (LOW DENSITY RESIDENTIAL DISTRICT), C-1 (LOW INTENSITY COMMERCIAL DISTRICT), AND C -1C (LOW DENSITY COMMERCIAL DISTRICT WITH CONDITIONS) TO C-2 (GENERAL COMMERCIAL DISTRICT) WITH PROFFERED CONDITIONS, AND GRANTING A SPECIAL USE PERMIT FOR A LIFE CARE FACILITY, WITH CONDITIONS, ON PROPERTY LOCATED ON STARKEY ROAD, IN THE CAVE SPRING MAGISTERIAL DISTRICT (TAX MAP NOS. 087.18-01-38.00-0000, 087.18-01-39.00-0000 AND 087.18-01-54.00- 0000); AND AMENDING PROFFERED CONDITIONS AND AMENDING SPECIAL USE PERMIT CONDITIONS ON 10.15 ACRES ZONED C-2CS (HIGH INTENSITY COMMERCIAL DISTRICT WITH CONDITIONS AND SPECIAL USE PERMIT) LOCATED ON STARKEY ROAD, IN THE CAVE SPRING MAGISTERIAL DISTRICT (TAX MAP NO. 087.18-01- 37.00-0000) WHEREAS, the first reading of this ordinance was held on December 19, 2016, and the second reading and public hearing were held on January 24, 2017; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on January 3, 2017; and WHEREAS, the Planning Commission recommends approval of the petition with conditions; and law. WHEREAS, legal notice and advertisement has been provided as required by NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the proffered conditions on property identified as 5665 Starkey Rd., in the Page 1 of 6 Cave Spring Magisterial District (Tax Map No. 087.18-01-38.00-0000) are removed as follows: 2. The three parcels identified as 5665 Starkey Rd. (containing 1 acre; Tax Map No. 087.18-01-38.00-0000), 0 Starkey Rd. (containing 0.17 acre; Tax Map No. 087.18-01-39.00-0000), and 5669 Starkey Rd. (containing 1.77 acres; Tax Map No. 087.18-01-54.00-0000), which are located in the Cave Spring Magisterial District, are rezoned from R-1 (Low Density Residential District), C-1 (Low Intensity Commercial District), and C-1 C (Low Density Commercial District with conditions), to C-2 (General Commercial District) with the following proffered conditions: a. The site will be developed in substantial conformity with the Comprehensive Concept Plan dated September 27, 2016, titled "Starkey Road Senior Living", prepared by Freeman White subject to those changes which may be required or permitted by Roanoke County during comprehensive site plan review. b. Taxable Entity. For so long as Valley Management Co., Inc., ("VMI"), or any affiliated entity that is a member of the organization Friendship Healthcare Community, owns the proposed facility, the owning entity shall Page 2 of 6 remain or be a for-profit entity and shall not be tax exempt. c. Intersection Improvements. Upon receipt of the building permit and closing on the financing for construction of the facility, Applicants will pay the county, or other party designated thereby, the sum of Eighty Thousand Dollars ($80,000.00) to fund the construction of road improvements at the intersection of Buck Mountain Road and Starkey Road. At the county's request, VMI will also convey in fee simple or grant an easement for up to Twenty (20) feet of frontage of its property adjoining Starkey Road, having an address of 5701 Starkey Road and designated as Tax Map Number 087.18-01-42.00, to allow the county to complete the aforesaid improvements. 3. The Board finds that the granting of a special use permit to allow the construction of a nursing home and life care facility on the parcels identified as 5665 Starkey Rd. ( containing 1 acre; Tax Map No. 087.18-01-38.00-0000), 0 Starkey Rd. (containing 0.17 acre; Tax Map No. 087.18-01-39.00-0000), and 5669 Starkey Rd. (containing 1.77 acres; Tax Map No. 087.18-01-54.00-0000), which are located in the Cave Spring Magisterial District, is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and the said special use permit is hereby approved with the following conditions: a. The site shall be developed in general conformance to the architectural renderings titled "Starkey Road Senior Living" prepared by Freeman White dated December 20, 2016. b. Freestanding light poles on site shall be shielded "cut-off" types no more eighteen (18) feet high and arranged so glare is not cast onto adjoining properties. c. No trash service or deliveries to the site shall take place between Page 3 of 6 11.00p.m. and 7:00 a.m. d. A business sign for the site shall be limited to a brick monument style sign not to exceed four (4) feet in height and ten (10) feet in width or a total of forty (40) square feet. e. The nursing home use shall be limited to the twenty (20) memory care units and the life care facility use shall be limited to thirty-four (34) independent living units. f. Any land disturbance in the 100 -year floodplain shall be revegetated with native species (trees and vegetation) common to floodplain areas. Landscaping provisions shall comply with Sec. 30-92-5.1(B). g. The nursing home and life care facility will have the following improvements and safety features: all floors and underground parking garage will be sprinkled, the parking garage ceiling will be concrete, the ambulance access will be located on the main drive next to the front entrance and the height of any overhang will be at least 13 feet 6 inches tall to avoid any issues with the height of new ambulances, double headed smoke detectors will be installed throughout the facility to reduce the number of false alarms, standpipe connectors will be installed in each stairwell, and staffing will be on a 24/7 basis. 4. The proffered condition on 5647 Starkey Rd. (containing approximately 10.15 acres; Tax Map No. 087.18-01-37.00-0000; zoned C-2CS (High Intensity Commercial District with Conditions and Special Use Permit) is amended as follows.. a. The site will be developed in substantial conformity with the Comprehensive Concept Plan dated Der --ember 4, 2042 September 27, 2016, titled "Cri ip H .AI+h Jd. DohabilittiGn GGRter SE) thp1 "Starkey Road Senior Living", prepared by Freeman White—_4p,e- subject to those changes which may be required or permitted by Roanoke County during comprehensive site plan review. 5. The special use permit conditions on 5647 Starkey Rd. (containing approximately 10.15 acres; Tax Map No. 087.18-01-37.00-0000; zoned C-2CS (High Intensity Page 4 of 6 Commercial District with Conditions and Special Use Permit) are amended as follows.. a. The site shall be developed in general conformance to the architectural renderings titled "Friendship Health & Rehabilitation Center South" prepared by Freeman White, Inc. dated September 2012, and in general conformance to the architectural renderings titled "Starkey Road Senior Living" prepared by Freeman White dated December 20, 2016. b. Freestanding light poles on site shall be shielded "cut-off" types no more than eighteen (18) feet high and arranged so glare is not cast onto adjoining properties. Read. trees) shall be minstalled. A Type G Buffer) eptieR 1 shall be illpstalled aleRg revVS ef large evergreeR trees. -The duplex cottages shall be sprinkled. d. No trash service or deliveries to the site shall take place between 11:00 p.m. and 7:00 a.m. e. A business sign for the site shall be limited to a brick monument style sign not to exceed four (4) feet in height and ten (10) feet in width or a total of forty (40) square feet. 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or part of ordinances in conflict with the provisions of this ordinance shall 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 5 of 6 On motion of Supervisor Assaid to adopt the ordinance, seconded by Supervisor McNamara and carried by the following recorded vote: AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara NAYS: None A CORY TESTE: Deborah C. Jack St Chief Deputy Clerk t t Board of Supervisors cc: Arnold Covey, Director of Community Development Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Development William Driver, Director of Real Estate Evaluation Peter Lubeck, Senior Assistant County Attorney John Murphy, Zoning Administrator Page 6 of 6