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3/24/2009 - RegularMarch 24, 2009 ~ gg County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 March 24, 2009 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of March 2009. IN RE: CALL TO ORDER Chairman Altizer called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Michael W. Altizer, Vice-Chairman Joseph P. McNamara, Supervisors Joseph B. "Butch" Church, Richard C. Flora, Charlotte A. Moore MEMBERS ABSENT: None STAFF PRESENT: B. Clayton Goodman III, County Administrator; John M. Chambliss, Assistant County Administrator; Paul M. Mahoney, County Attorney; Daniel R. O'Donnell, Assistant County Administrator; Becky R. Meador, Deputy Clerk to the Board; Teresa Hamilton Hall, Public Information Director IN RE: OPENING CEREMONIES The invocation was given by Reverend Dr. Stephen C. Hundley, Roanoke District Superintendent, United Methodist Church. The Pledge of Allegiance was recited by all present. [1 190 March 24, 2009 IN RE: REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS Supervisor Church requested that a closed meeting be added pursuant to the Code of Virginia Section 2.2-3711.A. 3 regarding the acquisition of real estate. Mr. Mahoney requested that a closed meeting be added pursuant to the Code of Virginia Section 2.2-3711.A.1 discussion and consideration of the employment and appointment of a specific public officer, namely the Clerk to the Board. There were no objections to adding the items to the closed meeting. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of appreciation to Charles W. King, Fire and Rescue Department, upon his retirement after twenty-eight years of service R-032409-1 Chairman Altizer presented the resolution to Mr. King. Also attending the meeting was Division Chief Joey Stump. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 1 1 1 C March 24, 2009 191 RESOLUTION 032409-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO CHARLES W. KING, FIRE AND RESCUE DEPARTMENT, UPON HIS RETIREMENT AFTER TWENTY-EIGHT YEARS OF SERVICE [~ WHEREAS, Charles W. King was employed on October 16, 1980, by the Roanoke County Fire and Rescue Department, and held the positions of Firefighter, Fire Lieutenant, Fire Captain, and Training Battalion Chief; and WHEREAS, Mr. King retired from the Roanoke County Fire and Rescue Department on February 1, 2009, as Operations Battalion Chief, after twenty-eight years and four months of service; and WHEREAS, Mr. King performed a crucial role in protecting the life and property of citizens in one of the most hazardous professions, and Roanoke County is very fortunate to have benefited from his dedication and many years of experience; and WHEREAS, Mr. King, through his commitment in the field of Heavy and Tactical Rescue, allowed Roanoke County to be recognized throughout the state as a leader in this field; and WHEREAS, Mr. King dedicated himself to ensuring that all responders operated in a safe manner by emphasizing best practice models through constant instruction of all members of the Department; and WHEREAS, Mr. King, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens by his responses to fires and training of other firefighters. 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 CHARLES W. KING for more than twenty-eight 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. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, NAYS: None IN RE: NEW BUSINESS Church, Flora, McNamara, Altizer 1. Request to adopt a resolution setting the allocation percentage n for personal roe tax relief in Roanoke County for the 2009 tax year Rebecca E. Owens, Director of Finance 192 March 24, 2009 R-032409-2 Ms. Owens noted that Kevin Hutchins, County Treasurer, and Nancy Horn, Commissioner of Revenue, were present to answer questions if necessary. Ms. Owens advised that staff is requesting the Board adopt a resolution setting the percentage for personal property tax relief for the 2009 tax year as required by the State on an annual basis. The County received a block grant of approximately $12.2 million from the State and is required to compute the amount of tax relief to allocate to each citizen. The County uses the allocation model developed by the State, which uses historical trends and a five year rolling average to calculate the effective reimbursement rate. Ms. Owens advised that the percentage calculated for the County for 2009 is 60.8 percent and, based on historical trends, the percentage has decreased slightly each year. The amount of the State grant remains the same. The percentage for Roanoke County is similar to the percentages that neighboring localities will adopt by resolution. Ms. Owens explained that there will be some timing delays in the receipt of the State funds; however, staff will be able to accrue these funds back for County purposes to balance the budget. She recommended that the Board adopt the resolution setting the allocation percentage for personal property tax relief in Roanoke County for the 2009 tax year. There was no discussion. I7 March 24, 2009 193 Supervisor Altizer moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 032409-2 SETTING THE ALLOCATION PERCENTAGE FOR PERSONAL PROPERTY TAX RELIEF IN ROANOKE COUNTY FOR THE 2009 TAX YEAR WHEREAS, in accordance with the requirements set forth in Section 58.1-3524 (C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly and as set forth in item 503.E (Personal Property Tax Relief Program or "PPTRA") of Chapter 951 of the 2005 Acts of Assembly and qualifying vehicle with a taxable situs within the County commencing January 1, 2009, shall receive personal property tax relief; and, WHEREAS, this Resolution is adopted pursuant to Ordinance 122005-10 adopted by the Board of Supervisors on December 20, 2005. NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That tax relief shall be allocated so as to eliminate personal property taxation for qualifying personal use vehicles valued at $1,000 or less. 2. That qualifying personal use vehicles valued at $1,001-$20,000 will be eligible for 60.84% tax relief. 3. That qualifying personal use vehicles valued at $20,001 or more shall only receive 60.84% tax relief on the first $20,000 of value; and 4. That all other vehicles which do not meet the definition of "qualifying" (for example, including but not limited to, business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. 5. That the percentages applied to the categories of qualifying personal use vehicles are estimated fully to use all available PPTRA funds allocated to Roanoke County by the Commonwealth of Virginia. 6. Supplemental assessments for tax years 2005 and prior shall be deemed `non-qualifying' for purposes of state tax relief and the local share due from the taxpayer shall represent 100% of the assessed personal property tax. 7. That this Resolution shall be effective from and after the date of its adoption. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None I 194 March 24, 2009 IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA 1. The etp ition of Wolf Creek, Inc., Circle C Consultants, Inc., Wolf Creek Homeowners Association, Inc., Front Street Construction, Inc., and Old Towne Development, LLC to amend the Planned Residential Development Master Plan for Wolf Creek, which measures 38.384 acres and includes the communities of Wolf Run, Wolf Crest, Beech Cove, Richard's Wood, Village at Stone Creek and Rockbridge, Vinton Magisterial District Supervisor Altizer moved to approve the first reading and set the second reading and public hearing for 6:00 p.m. on April 28, 2009. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: CONSENT AGENDA R-032409-3 Supervisor Flora moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 1 1 1 March 24, 2409 195 RESOLUTION 032409-3 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 March 24, 2009 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 Item 1, as follows: 1. Approval of minutes -December 16, 2008 That the Clerk to the Board is hereby 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 resolution. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Attizer NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Eleanor Brogan, 2744 Gum Springs Road, Salem, advised that she wanted to allot her time to speak to Mary Wilson. Chairman Altizer advised that while yielding of time by citizens had been allowed in the past, that has been changed and extra time to speak is allowed at the chairman's discretion. He stated that he would approve Ms. Brogan's request this time. Mary Wilson, 5001 Glenvar Heights, Salem, explained that she has three children in the Glenvar schools and is concerned about the results of a report in USA Today concerning toxic air in America's schools. She stated that William Byrd High School ranked in the 57t" percentile in the study, Glenvar Elementary School ranked in the 24t" percentile and Glenvar Middle School ranked in the 25t" percentile, which means that over 75 percent of the nation's schools have better air quality than the 196 March 24, 2009 Glenvar Schools. She remarked that these lower rankings may be due to interstate traffic and the concentration of heavy industry in the Glenvar area. She is concerned that if heavy industry moves to the north side of West Main Street, closer to the Glenvar schools, the air quality will suffer greatly. She requested that heavy industry be kept on the south side of West Main Street and existing businesses be monitored and redeveloped. She remarked that she and other parents in the Glenvar community expect to have the same air quality as the other side of the County. She believes the Board is responsible for approving the zoning for new businesses and protecting County citizens. She asked, on behalf of the children at the Glenvar schools, that the Board 1 strive to improve and protect the quality of the air and life in the Glenvar area. IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 1. General Fund Unappropriated Balance 2. Ca ital Reserves 3. Reserve for Board Contingency 4. Accounts Paid -February 2009 1 March 24, 2009 197 5. Analysis of Comparative Schedule of Budgeted and Actual Expenditures and Encumbrances for the month ended February 28, 2009 6. Analysis of Comparative Statement of Budgeted and Actual Revenues and Encumbrances for the month ended February 28, 2009 7. Proclamations si ned ~ the Chairman and Board IN RE: CLOSED MEETING At 3:22 p.m., Supervisor Flora moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711.A.1 discussion and consideration of the employment and appointment of a specific public officer, namely the Clerk to the Board; and Section 2.2-3711.A.3 regarding the acquisition of real estate. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora,. McNamara, Altizer NAYS: None IN RE: CLOSED MEETING The closed meeting was held from 3:42 p.m. to 4:21 p.m. IN RE: WORK SESSIONS 1. Work session for the Budget for Fiscal Year 2009-2010 C( lay Goodman, County Administrator; Brent Robertson, Director of Management and Bud et ~ gg March 24, 2009 The work session was held from 4:26 p.m. until 4:31 p.m. Mr. Robertson advised that each supervisor had submitted their recommendations for the amounts to be funded for fiscal year 2009-2010 for health and human services, cultural, tourism and other agencies. Staff used the supervisors' recommendations and prepared a schedule detailing the final funding recommendations for the agencies, which was distributed to the Board members. He asked if there were any recommended changes to the schedule. The Board members agreed with staff's funding recommendations. IN RE: CERTIFICATION RESOLUTION R-032409-4 At 5:30 p.m., Supervisor Altizer moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 032409-4 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: March 24, 2009 ~ gg 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. (POSTPONED FROM DECEMBER 16, 2008 Second reading of an ordinance upon the petition of Edward Rose Properties, Inc. to rezone app roximately 16.3 acres from R-2, Medium Densi Residential District, to R-3C, Medium Densi Multi-Family Residential District with Conditions and C-2C, General Commercial District with Conditions and to rezone approximately 11.2 acres from C-2, General Commercial District, to R-3C, Medium Densi Multi-Family Residential District with Conditions, for the purpose of constructing a mixed-use development consisting of an apartment complex and commercial uses located at the 6200 and 6300 blocks of Cove Road and Green Ridge Road, Catawba Magisterial District Phili Thompson, De u Director of Plannin Mr. Thompson advised that Edward Rose Properties is petitioning to rezone 31.4 acres, which consists of six parcels. He advised that currently 16.3 acres 200 March 24, 2009 are zoned R-2, Medium Density Residential District, and 15.1 acres are zoned C-2, General Commercial District. The petitioner is requesting that 23.6 acres be rezoned to R-3C, Medium Density Multi-Family Residential District with conditions and 7.8 acres to C-2C, General Commercial District with conditions. The purpose of the proposed rezoning is to construct amixed-use development with residential and commercial uses. The residential portion will be an apartment complex with 12 buildings, comprised of 252 units, three-stories high with the maximum height of 40 feet. He advised that approximately 35 percent of the 242 units would be one-bedroom units, 50 percent would be two-bedroom units and the remaining 15 percent would be three-bedroom units. In addition to the apartment buildings, there are plans for a management office and club house, which will be part of the 10 percent requirement for recreation open space as part of a mufti-family development. There are two entrances proposed off Cove Road and throughout the development there will be 24 foot wide, two-way traffic aisles, with 500 parking spaces for the entire development. Mr. Thompson continued that two commercial sites of approximately 3.9 acres are being proposed and divided by one of the entrance roads. The developer plans to sell and not develop these commercial parcels and has proffered uses for the commercial sites. There are three existing homes on the property that will be demolished and an existing Appalachian Power line along the site with 50 foot easements. He described the surrounding zoning and land uses and noted that the March 24, 2009 20 ~ proposal with proffered conditions conforms to the future land use plan, which is Core and Transition. Mr. Thompson stated that community meetings were held on November 19, 2008, and February 12, 2009, at the County School Board office with approximately 50 citizens attending each meeting. The issues raised by the citizens at these meetings concerned screening, buffering and development impacts. The majority of the comments dealt with transportation and traffic safety. Mr. Thompson recounted that at the Planning Commission public hearing on March 3, 2009, eight citizens spoke in opposition to the request because of the following issues: stormwater runoff, exterior lighting installation heights and intensity, volume of crashes in the vicinity of Cove Road and Green Ridge Road, traffic generated by the new Public Safety Center, pressure on the local road network when problems occur on Interstate 81, vehicular stacking in the Cove Road left turn lane onto Route 419 southbound, traffic impacts on the local road network after the multi-generational recreation center opens, advancing commercial zoning northeast along Cove Road and screening and buffering adjacent to nearby residences. The Planning Commissioners had several questions and concerns regarding the recreational amenities, existing traffic conditions at Cove Road and Electric Road, the site's proximity to available emergency services, potential use of corporate or short-term apartment leases by the developer, background checks for sublease situations, extensive wording of the petitioner's proposed proffered condition 2~2 March 24, 2009 for road improvements, impact to downstream wells and septic system fields, signage and lighting for commercial sites, trash dumpsters, green building concepts and uses, uses for the proposed C-2 zoned property and whether the road improvements appear on the Virginia Department of Transportation's (VDOT) Six-Year Improvement Plan. Mr. Thompson stated that the Planning Commission recommended denial of the request by a vote of three to two. At the time the Planning Commission voted, there were seven proffered conditions associated with the application. He advised that there are presently eleven proffered conditions. Four conditions were added by the petitioner since the Planning Commission meeting. Mr. Thompson described the intent of the eleven proffered conditions. The eleven conditions are listed herein as submitted by the petitioner: (1) The property will be developed substantially in accord with the Edward Rose Properties, Inc. concept plan dated October 3, 2008, subject to any changes required by Roanoke County during development plan review. (2) As to the 23.6 acres to be rezoned to R-3 Multi-Family Residential District, the property will be used only for Residential Uses, Multi-Family Dwelling. (3) As to the 7.8 acres to be rezoned C-2, General Commercial District, the property will be used only for one or more of the following purposes: Residential Uses: Accessory Apartment, Home Occupation-Type I, Multi-Family Dwelling. Civic Uses: Administrative Services, Clubs, Cultural Services, Day Care Center, Educational Facilities -College/University, Educational Facilities -Primary/Secondary, Guidance Services, Post Office, Public Assembly, Public Parks and Recreational Areas, Safety March 24, 2009 z~3 Services, Adult Care Residences, Life Care Facility, Nursing Home, Religious Assembly. Office Uses: Financial Institutions, General Office, Medical Office, Laboratories. Commercial Uses: Antique Shops, Bed and Breakfast, Business Support Services, Business or Trade Schools, Commercial Indoor Entertainment, Commercial Indoor Sports and Recreation, Communications Services, Construction Sales and Services, Consumer Repair Services, Hospital, Hotel/Motel/Motor Lodge, Personal Improvement Services, Personal Services, Restaurant -General, Retail Sales, Studio Fine Arts, Veterinary Hospital/Clinic, Mini-warehouses. (4) The exterior design of the commercial buildings to be located on the 7.8 acres to be zoned C-2 will be consistent with the exterior design of the multi-family dwellings to be located on the 23.6 acres to be zoned R-3. (5) The required buffer yard along the eastern boundary of the property, between the area to be zoned R-3 and the single-family residences in the areas zoned R-I and R-2 to the east, will be landscaped at the Type B, Option 1 or 2 level, as Type B is prescribed in Section 30-92-6(A} of the Roanoke County Zoning Ordinance as in effect on the date of this Proffer of Conditions. (6) The exterior appearance of the multi- family dwellings to be constructed on the property will be substantially in accord with the drawings dated February 25, 2009, and attached to this Proffer of Conditions. (7) Apartment complex identification signage shall be limited to one maximum 30-square foot monument sign located at/near each of the two proposed vehicular access points on Cove Road, and those signs shall be no taller than six (6) feet. (8) Any free-standing (pylon or monument) commercial site identification sign shall be no taller than eight (8) 204 March 24, 2009 feet and no larger than seventy-five (75) square feet, and shall be placed within seventy-five (75) feet of the southernmost vehicular access point onto Cove Road. (9) The poles carrying lighting for the commercial area shall be a maximum of fifteen (15) feet in height, and the light fixtures shall be directed downward. (10) The poles carrying lighting for the multi-family development shall be a maximum of fifteen (15) feet in height and the light fixtures shall be shielded and/or directed downward. (11) The applicant will construct aright-turn lane on Cove Road, at the intersection of Route 419 and Cove Road, as permitted by VDOT, that is approximately 200 feet in length with a hundred- foot taper, in accordance with VDOT standards and specifications for an urban collector road. Dan Raymond, attorney for the petitioner, advised that Laurie Corley, Project Manager, would address the Board first. He stated that since traffic has been a great concern, he was asking that Paul Anderson, Traffic Engineer, Hays, Seay, Mattern &Mattern (HSMM), discuss the traffic study that was conducted. Ms. Corley advised that there has been almost two years of due diligence and background work done on this project. She briefly described the background of Edward Rose Companies, which was started in 1921, and is still family and privately held today, and advised that the company has built over 80,000 housing units including single and multi-family homes. During the previous sixty years, the company has focused on luxury rental units. The company currently owns and manages over 54,000 apartment units and is one of the largest national apartment owners and managers in March 24, 2009 2~5 the country and in the top ten privately held companies. She advised that it was important to know that Edward Rose Companies is a long-term holder in all of its communities and that the Indianapolis office has not sold an apartment community in over twenty years. She stated that this speaks to the quality of the buildings and also to the long-term commitment to their communities. Ms. Corley made a PowerPoint presentation. She stated that Edward Rose Companies owns another community in Roanoke, Sunscape, which was built in 1996 off Colonial Avenue, and has 264 apartment units. Sunscape is consistently voted one of the best apartment communities in the area by the Roanoker Magazine. She advised that since questions about signage were brought up during the Planning Commission meeting, she displayed an example of the signage at Sunscape and stated that they propose to have similar monument signage on Cove Road or something of a higher quality. She advised that the site location is east of Electric Road (Route 419) and continues eastbound on Cove Road. The site plan was designed to fit within the uses that are consistent with the Comprehensive Plan. -She presented a visual representation of the existing and proposed rezoning. Ms. Corley discussed how the residential portion of the site plan consists of 252 luxury one, two and three-bedroom apartment units, a clubhouse facility for residents only, mini-recreational court and 7.8 acres of commercial space to be developed at a later time. She reported that the County's ordinance requires the developer to have 2.36 acres of open space and that the proposed project has more 2~6 March 24, 2009 than 7 acres of open space and recreational amenities, which will generate apark-like setting different from any other apartment community in the Roanoke area. She advised that the building design, which has been proffered, is a craftsman's style, three stories in height, with each unit having its own balcony or patio space. She presented photos of the clubhouse design for the company's other apartments to demonstrate the quality and detail. The petitioner proposes to upgrade their landscaping buffer to type B along the entire eastern boundary of the property line and change the lighting style, agreeing to have atl lights face downward for the residential and commercial portion of the site. Mr. Anderson advised that he is with Architecture Engineering Construction Management, formerly HSMM. The traffic study completed was the first in Roanoke County under the new regulations passed by the State Legislature, called Chapter 527, which essentially requires any major Comprehensive Plan, rezoning or site plan to be subject to a traffic study if it meets certain criteria for traffic volumes anticipated. The report is very large due to the thorough process required. One of the first steps was to decide on the scope of the study. He met with County and VDOT staff to determine the study area for the project and agree on the fundamental assumptions. He advised that eight intersections were studied in detail, using three different scenarios as prescribed by the Chapter 527 regulations. Traffic counts at all of the sites were obtained to determine the current operating conditions based on the delay that a typical motorist experiences at those locations. He reported that Intersections #1, #2, and #3 are in the vicinity of Interstate 81; Intersection #4 is at Cove Road and Green Ridge March 24, 2009 207 Road; Intersection #5 is at Green Ridge Road and Woodhaven Road; Intersections #6 and #7 are Green Ridge Road and Cove Road; and Intersection #8 is at Green Ridge Road and Route 419. Three scenarios were used, which included existing conditions, no-build and future-build. Mr. Anderson explained that the level of service for intersections is graded on a scale of A (best) to F (worst) and that the analysis found that most of the intersections currently operate at level C or above, including the left-turn lane at Cove Road, which operated at level D in the PM peak times and is the busiest intersection. They took the trips and land uses proposed and generated the associated traffic with a mix of hotels, apartments, assisted living centers, general medical offices, restaurant and daycare and aimed at the high end of what they realistically planned to develop and not the worst case from a traffic standpoint. He advised that for a no-build case, they took the volumes of traffic in the area and applied a growth factor to increase the volumes based on general traffic growth from other projects and added the traffic expected from the Holiday Inn Express under construction. Mr. Anderson suggested that the best comparison for the Board's decision would be between the no-build and future-build scenarios. Using the assumptions agreed upon for the scope of the study, they found that in most of the intersections, the no-build and future-build scenarios were much the same for traffic and, while some of the intersections decrease in service levels, none drop to level F. He remarked that the intersection at Cove Road and Route 419 is an exception because of left-turns and 208 March 24, 2009 vehicles waiting for left-turning vehicles, and the additional traffic will essentially cause that intersection to go to level F for AM and PM peaks. The first improvement proposed would be to separate the left-turning vehicles from the right-turning vehicles by adding a right-turn lane, which would improve the service level from F to B in the AM and level C in the PM. He noted that left-turning vehicles that choose to go to the intersection and turn left without a signal will face a long delay; however, they have the option of going down Cove Road to the other signal at Green Ridge Road, which it is anticipated that most vehicles will do. He advised that if they were to alleviate the left-turn movement, the only solution would be to signalize the intersection, which would benefit that traffic movement at the expense of other through-traffic movement 24 hours per day on Route 419, causing additional stops. They analyzed the warrants to see if a signal would even be allowed, given the traffic projections, and found it to be a grey area. Mr. Anderson stated that their recommendation to Edward Rose Companies is that they should proffer building aright-turn lane, which would relieve the traffic problems there today and alleviate the burden on the intersection where the bulk of the impact is felt on the road network. This recommendation was offered as a proffer and part of the proposal. In response to Supervisor Church's inquiry, Mr. Anderson answered that the 200 foot length for the right-turn lane would place approximately eight vehicles waiting to turn left before the tapering of the full right-turn access would be blocked. March 24, 2009 209 Responding to Supervisor Flora's inquiry, Mr. Anderson clarified that, if nothing is done, the service level at the Cove Road and Route 419 intersection would eventually drop to level F in the PM peak even with a future no-build. It was noted that this intersection needs help in any event and this project would trigger this beneficial action sooner rather than later. Supervisor Flora inquired as to the increase in the number of vehicles that are anticipated at that intersection at both the AM and PM peaks. Mr. Anderson replied that at future build-out, there will be 257 vehicles turning to the right in the AM compared to the current 151 vehicles and 295 future vehicles in the PM compared to the current 194 vehicles. He advised that the counts for the left turns are currently 31 in the AM peak and 20 in the PM peak and that would increase to 52 in the AM and 39 in the PM peaks. Supervisor Altizer asked Mr. Thompson if the project were to be built-out with R-2 zoning, would the right-turn lane be mandated for a developer. Mr. Thompson answered that as part of the rezoning process, the developer has an option to make that proffer. He further stated that if it were to be developed by-right, there would still be a traffic study and there could be an off-site proffer for improvement, which VDOT could tie to the entrance permit. Mr. Thompson advised that through the rezoning process, an off-site improvement could be obtained if the developer would make it a proffer. Supervisor Altizer also addressed the concern about sight distance as referred to in the letter from VDOT and asked if it would be corrected. Mr. Thompson 2 ~ ~ March 24, 2009 responded that in order to get the entrance permit from VDOT, the developer would have to make changes to correct the sight distance. Supervisor Flora commented that from the site plan, it appears that the developer will not own the property out to Route 419 where the Pinkerton Chevrolet entrance is located and that will remain in the Ronk family ownership. Mr. Thompson confirmed that the developer was not purchasing that property. The following citizens spoke at the public hearing: (1) P. E. Bain, 5626 Plain View Avenue; (2) R. Gary Ronk, 6247 Cove Road, (3) Cindee Garst Hensley, 6043 Cove Road. They expressed their concerns about the project and questioned the following issues: safety, increased traffic that will add to current traffic problems, traffic generated by the Public Safety Center, pressure on Cove Road and Route 419 when problems occur on Interstate 81, vehicular stacking in the Cove Road left turn lane onto Route 419 southbound, two proposed entrances located on a blind curve that would require VDOT to post a sign about the school bus, increased traffic impacts on the local road network after the multi-generational recreation facility opens, advancing commercial zoning northeast along Cove Road, potential use of corporate or short-term apartment leases by the developer and screening and buffering at the extreme southern tip of the proposed project. Supervisor Flora voiced concern about the encroachment of commercial zoning along Cove Road since that is not characteristic for that neighborhood. His second concern was how to take a huge amount of traffic off of Cove Road and put it March 24, 2009 211 directly on Route 419 at a different location, such as Pinkerton Chevrolet; however, since the developer does not own that property, this might not be possible. He advised that the site is topographically challenging and that having right and left lanes on Cove Road would help the traffic. He stated that this is the type of development that North and West County needs. Mr. Raymond responded that topography has dictated much of the project details and that the southern end of the property is approximately 80 feet below the grade of Route 419. There is a steep hill down to a wet stream and knoll and another drop to a creek and this property, which is over 500 feet from Route 419 and makes access to Route 419 very difficult. The topography also makes it very challenging to develop the C-2 zoned property in connection with the C-2 frontage on Route 419. He mentioned that they are asking to move the commercial zoned area to the north so that it is on the grade of Cove Road, then screen it from the adjacent neighborhood with the apartment development. Much of the proposed grading would occur along Cove Road to get the commercial pads down to grade and the existing hill would essentially remain with the apartment buildings on top of it to screen the commercial development from the surrounding neighborhood to comply with the transition designation. Mr. Anderson expressed that currently the backups on Cove Road with the single lane are significant and any time you are trying to turn right, which is about 90 percent of the traffic, you are at the mercy of the person ahead of you trying to turn left. He explained that this is why the proffer states 200 feet of right-turn lane, which is far 2 ~ 2 March 24, 2009 enough back to allow at least eight vehicles to make that left turn. He advised that most people who drive that area are familiar with the neighborhood and he does not feel that many of them will choose to take that left-turn and wait if they have the option to turn left at the other intersection and make their way down and over to Green Ridge Road. He suggested that a solution would be to signalize the intersection; however, that would be done at the expense of the flow of the main volume of traffic on Route 419 to and from Interstate 81. He advised that signalization would help a small movement significantly at the cost of hurting a large movement to a small degree all day. Supervisor Altizer asked for a response to the citizen's concern about the potential use of corporate or short-term apartment leases by the developer. Ms. Corley replied that Edward Rose Companies has a corporate housing program designed to help economic development, which is managed by a Corporate Outreach Specialist. They work with local businesses and companies seeking communities in which to relocate their businesses. She advised that the housing program leases are from three months to one year and those tenants are subject to the same lease restrictions as all other tenants. Criminal background checks are required for all tenants. She noted that they also provide furnished housing, which decreases the amount of moving traffic. Ms. Corley related that Sunscape provides corporate leases and they do not set aside a specific amount of apartments for this purpose. Supervisor Altizer inquired if something would be done to correct the blind curve mentioned by one of the citizens. Mr. Thompson responded that the developer March 24, 2009 213 will have to do some grading along the blind curve to get their sight distance and referred the question to John Houchin, Construction Representative for Edward Rose Companies. Mr. Houchin advised that in regard to the construction practices that will be required to obtain the VDOT permitting, there are horizontal and vertical sight line distances that must be created for all intersections and public road connections at both of the proposed entrances. He stated that sight distance requirements are based on the elevation of a person sitting in a vehicle so they can see the on-coming traffic in both directions. He concluded that their proposed development at the curve would improve the conditions by nature for the balance of local traffic. Supervisor Altizer asked Mr. Thompson to describe a Type B buffer. Mr. Thompson related there are two options in the zoning ordinance for Type B buffering: 30 feet wide if there is no screening, fence or other material or 20 feet if there is a fence. Mr. Thompson affirmed that if the project is approved, staff will ask the developer to look at both options to determine which would be most appropriate along the property line and would do the best job of screening. Supervisor Moore inquired how high the buffer would be to the adjacent properties around the apartments and what material will be used. Ms. Corley responded with an exhibit showing the buffer and asked Keith Horman for his comments. Mr. Horman, Director of Planning for Edward Rose Companies, advised that they are proposing an Option 1 buffer in this location, which includes a series of large trees and two rows of shrubs. There will be a minimum of 24 inches in height when planted and 214 March 24, 2009 eventually would reach at least six foot in height. The plants will be chosen to conform to those standards. Supervisor Church asked the Clerk if she had received a petition from the citizens and when informed that she had, he asked her to give it to the Board members. He asserted that many long-time citizens who live in this area have related valid concerns to him and asked those present who have lived in the area at least twenty years to raise their hands. He stated that these citizens developed this area many years ago and, in his opinion, Roanoke County and others have already placed a traffic burden upon these them, which includes the new Public Safety Center, multi- generational recreation center and Interstate 81. He remarked that citizens habitually will find the shortest route to where they want to go. He understands the traffic problems on Cove Road and the burdens on this already over-loaded road. He believes the right- turn lane is just aBand-Aid solution. He stated that, in his opinion, this is not the right development and is in the wrong location. He indicated that he is convinced that the traffic generated by the new multi-generational center will make this bad traffic situation worse. He has spoken with many of the citizens and they feel safety and traffic continue to be problems. He is not ready to absolve himself of a situation that can only make the citizens' lives more dangerous. He told Chairman Altizer that at the appropriate time, he would respectfully concur with the Planning Commission and make a motion to deny the rezoning. March 24, 2009 215 Supervisor Flora inquired, if given sufficient time, could the petitioner resolve some of the issues that have been brought up at this meeting. Ms. Corley asked if the issue was the traffic. Supervisor Flora responded that the issues were traffic and the rezoning of the commercial property. Ms. Corley asked if they did not go forward with the current site plan, what would be preferred for the commercial piece. Supervisor Flora replied that he would not have a problem with R-3 zoning, which he thought would be better than commercial. He advised that he was more concerned about the traffic issues since it is the more critical matter. Ms. Corley responded that they were not before the Board to resolve the existing traffic problems and while VDOT agrees that there is a problem, there is no funding for drastic changes and she does not think more time from that standpoint would help. Supervisor Flora commented that this is an excellent project and would improve the housing market in that area. He does not want the project killed without the opportunity to resolve some of the issues. Mike Gorman, Edward Rose Properties, advised that he would like to stress and echo Supervisor Flora's sentiments that this is a key economic issue and housing is an extremely important component of any employer moving into the area. He pointed out that Sunscape has been a good corporate partner in the Roanoke area and has had a good effect on economic development. They will work closely with County staff to deal with the sight distance issues. He is extremely confident that the project will not go forward without meeting minimum requirements. He advised that he feels that commercial is an important component of a mixed-use development, is at the 2 ~ 6 March 24, 2009 intersection of Interstate 81 and Electric Road and complements the development. They have surrounded the commercial with the community to make a good transition buffer so the impact on the surrounding area is minimized. He does not think R-3 is a good use for the commercial parcels when looking at the development as a whole. Mr. Gorman inquired if the Board had specific questions with regard to Sunscape apartments. He voiced his understanding that the Board would like to see a similar development in North County; however, this seems to be the site that has minimal impact on overall services given its proximity to Interstate 81. He appreciated that there are traffic difficulties in the area, but feels that this situation will improve with the improvements to the intersection. He advised that they had the first comprehensive traffic study done in the County that meets the new standards. He does not think there is anything in the report that suggests this development will negatively impact the traffic situation in the area and will only improve it. Mr. Raymond advised Chairman Altizer that the petitioner would like to request aten-minute recess to confer. In response to Supervisor McNamara's inquiries, Mr. Anderson replied that there will be 252 apartment units, the traffic count for Cove Road is approximately 6,000 vehicles per day and 10 trips per day would be the average for an apartment or house. Supervisor McNamara commented that Sunscape is an excellent construction project and there is not a better constructed and finished product than the project being suggested. He would like to see the project delayed for a month to review the March.24, 2009 217 commercial development and receive proffers as to its height and how it will blend with the apartment buildings. He alleged that traffic increasing 16 percent on the main road could be the case for every single apartment complex located on a main road such as Colonial Avenue. He would like to see this project work because it would be a great asset for the community. He noted that there are a lot of apartment complexes that can be built on this property today, which will have traffic and other concerns. Since this is a quality project, it would be in the County's best interest to make it work. He would recommend to Supervisor Church and the Board that the project be delayed for one month. Supervisor Church acknowledged that his colleagues want to see this project approved; however, he cannot let it be approved at the expense of citizens' safety. He believes traffic on Colonial Avenue and Cove Road cannot be compared and these are very different situations. He inquired if someone from Edward Rose Properties could assure him that changes could be made in the safety and traffic issues. He advised that the project would be better for another area of the County and not where there is one-way out and in and makes citizens scared to function on a daily basis. Supervisor Church advised that he is not convinced that a month's delay will create a safer project. He requested that the delay be after the April 28, 2009, meeting. Supervisor Altizer commented that he heard citizens relate that it is not the project but traffic and safety issues. He asked if the commercial area could be relocated and if some of the traffic concerns could be mitigated. He inquired if the developer could 218 March 24, 2009 mitigate these concerns with athirty-five or forty-day delay. He noted that the property will be developed in the future and the Board should give the project a reasonable chance to succeed if the concerns of the citizens can be met. He related that the Board would take aten-minute recess for the developer and his representatives to confer. IN RE: RECESS Chairman Altizer declared a recess from 6:55 p.m. to 7:10 p.m. IN RE: CONTINUATION OF PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES (EDWARD ROSE PROPERTIES REZONING) Mr. Raymond advised that they appreciated the recess and the frankness of the supervisors about the project. He voiced their understanding of the stated problems; however, the ability to sell the commercial sites is part of the economics of the project. They will need time to consider these issues and to determine if they can change some aspects of the project. He stated that if given asixty-day continuance, they will continue to make a good faith effort to work through the issues of traffic and the commercial sites. Supervisor Church commented that he also wants to try to reach a positive conclusion to make the project workable for everyone. He advised that he would move to postpone action for sixty days. Supervisor Flora inquired for clarification if the date of the delay should be 1 1 included in the motion as May 26, 2009. March 24, 2009 z ~ g Supervisor Church moved to delay action until May 26, 2009. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None Supervisor Church expressed appreciation to the developer's representatives and the citizens for their willingness to assist the community and continue working together to come to a positive conclusion. IN RE: RECESS Chairman Altizer declared a recess from 7:15 p.m. until 7:30 p.m. 1 IN RE: CONTINUATION OF PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 2. (CONTINUED UNTIL APRIL 28, 2009, AT THE REQUEST OF THE PETITIONER) Second reading of the etp ition of Foxhall Properties, LLC to rezone 12.237 acres from I.1, Low Intensity Industrial District, to I-2CS. High Intensi Industrial District with Conditions and Special Use Permit, for the purpose of operating an asphalt Ip ant and construction yard located at 4127 West Main Street, Salem, Catawba Magisterial District. Paul Mahoney, Coun Attorney; Philip Thompson, De u Director of Plannin 1 At 7:30 p.m., Chairman Altizer advised that this item has been continued until April 28, 2009. 22~ March 24, 2009 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of congratulations to Glenvar High School Wrestling Team for winnin the State GrOUp A Championship R-032409-5 Chairman Altizer presented the resolution to Coach Kevin Clifford and members of the team who were present. Also attending were Sonya Cline, Assistant Principal, Glenvar High School and families of the team members. Supervisor Church assisted with handing out certificates of recognition to the team members present. Chairman Altizer advised that Dr. Lorraine Lange, School Superintendent, had asked him to express her apology for being unable to attend the meeting due to a previous commitment. Chairman Altizer recognized that David Wymer, School Board Member, Catawba District, and Allen Journell, Assistant Superintendent, were present at the meeting to represent the County schools. Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 032409-5 OF CONGRATULATIONS TO GLENVAR HIGH SCHOOL WRESTLING TEAM FOR WINNING THE STATE GROUP A CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship and athletic skill; and March 24, 2009 221 WHEREAS, the Glenvar High School Wrestling Team won its second Virginia High School League State Group A Championship in three years at the Salem Civic Center on February 21, 2009; and WHEREAS, the team championship was established before the final round began, with a concluding score of 123, a remarkable 23 points over the second place team from Strasburg; and WHEREAS, the team had seven state qualifiers, six of which placed in the top seven at the state tournament, where Jason Ayers won the 135-pound division individual state championship by a 6-0 decision; and WHEREAS, the Highlanders were also Three Rivers District and Region C Champions and took first place in the Rural Retreat Invitational; and WHEREAS, the Highlanders are under the dedicated leadership of Head Coach Kevin Clifford, Assistant Coaches Brian Burke, Cecil Coleman, and Malachi Underwood and managed by Ariele Rosmarino, Lauren Fulp, and Emily Fulp. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the GLENVAR HIGH SCHOOL WRESTLING TEAM: Derek Abdelnour, Trey Allen, Alex Asimakopoulos, Jason Ayers, Alex Burke, Kahlil Carazo, Andrew Cundiff, Jeremy Dolan, Andrew Fridley, Corey Hancock, James Harvey, Tyler Haynie, Cole Herndon, Zach Hill, Brandon Mayo, Jacob Noble, Tyler Tate, and Camren Wynn for an outstanding performance, their athletic ability, their team spirit, and their commitment to each other; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None ~ Certificate of recognition to Jason Avers for winning the 135- pound division state championship Chairman Altizer and Supervisor Church presented a certificate of recognition to Mr. Ayers. N RE: CITIZENS' COMMENTS AND COMMUNICATIONS Suzanne Nicewonder, 5459 Whispering Wind Drive, Salem, advised that 222 March 24, 2009 she is a professional engineer in Roanoke County. Due to work and personal issues, she has been learning more about the Roanoke County codes and regulations and the Comprehensive Plan. She advised that she found that the Comprehensive Plan did not address the Glenvar or West County area; however, in 1998, it was listed as one of the goals to develop and define that area. In 2003, there was a Route 11/460 master plan amended to the document and in 2005, it was reduced to a more generic version. In 2008, a Glenvar Community Plan was discussed and tabled due to a lack of manpower. She commented on things contained in the Comprehensive Plan that she thought were lacking or needed more documentation. She advised that she wanted to get the West County Plan back on the Board's agenda, for the County to plan better for heavy industry and she would like to be involved with the community to get the codes and regulations in better shape. IN RE: ADJOURNMENT Chairman Altizer adjourned the meeting at 8:OO.m. Submitted by: ~~ ~-n Becky R. eador Deputy Clerk to the Board Approved by: r ~, Michael W. Altizer Chairman 1 1 1