ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Friday, February 7, 1997 TAG: 9702070065
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
SOURCE: CHRISTINA NUCKOLS STAFF WRITER
Prospective home buyers examining subdivision plans for The Gardens of Cotton Hill will see suburban streets named after impressionist artists such as Cezanne, Matisse and Monet.
What they won't see is the proposed corridor for a four-lane section of U.S. 221 that may run through six lots in the subdivision.
Roanoke County officials and the Virginia Department of Transportation have tried for months to stall work on one section of The Gardens that could bump into the new road.
Developer Steve Strauss filed suit in November after the county rejected his subdivision plans based on objections from VDOT.
The county and VDOT agreed to settle the suit and approve Strauss' plans after attorneys determined they had no authority to block the development without more specific road designs.
Roanoke County officials then asked Strauss to place a warning on the subdivision plans indicating U.S. 221 might plow through the cul-de-sac on Cezanne Court, the street that will serve the new section of the subdivision. They backed down from that late last week after Strauss threatened to take the issue back to court.
County Attorney Paul Mahoney said the road could run through as many as six lots in The Gardens, and more would be affected by the proximity of the highway. He said warnings are occasionally used on subdivision plans, but in this case one cannot be required until final road designs are drawn and approved by the Commonwealth Transportation Board. "While it might be a nice idea and the right thing to do ... we do not have that power," Mahoney said.
VDOT officials said the design firm hired for the project is just getting started.
The Gardens, off Cotton Hill Road, is proposed to have 147 lots when completed. The homes already built range in price from $177,000 to $256,000. Strauss said he delayed construction on the 14-lot section with the expectation that VDOT would have specific plans for rerouting U.S. 221 by last summer.
"I can't wait on VDOT forever," he said this week.
Strauss said prohibiting him from developing the land would effectively seize it for government purposes without compensation. He also said he was concerned that the value of his property would be harmed by a warning notice printed on the subdivision plans.
George Assaid of the county's engineering department said Strauss can begin moving earth to build houses at any time. Assaid said there is no legal way the county can deny the developer building permits for homes.
Real estate attorneys said home buyers are responsible for knowing about utility, drainage and other easements that show up on subdivision plans; but the issue that has arisen at The Gardens is a legal gray area, and it's unclear what protections a home buyer would have.
Strauss said he's uncertain when he will begin construction, and he said he's not sure what he'll tell potential home buyers.
"I haven't crossed that bridge yet," he said.
He said he has disclosed VDOT's proposal for U.S. 221 to home buyers in other sections of The Gardens.
Strauss believes there is room within the general corridor identified by VDOT to construct a four-lane road without disturbing his development. However, he still hopes to find a way to convince VDOT that U.S. 221 should not cross to the south side of Back Creek.
During public meetings in 1995, local residents voted against a southern route. The corridor approved by the Commonwealth Transportation Board follows the current road more closely, but it still dips southward to straighten the S-curve just east of Cotton Hill Road.
VDOT has hired Wiley & Wilson, a Lynchburg design firm, to determine if that route is feasible. Alternative routes, including the one supported by local residents, will only be studied if the first corridor is rejected, VDOT spokeswoman Laura Bullock said.
Bullock said Wiley & Wilson will speed up their work to identify what right of way will be needed for the road project. She said the state agency generally will not buy or condemn land until the final plans are approved, but exceptions can be made when development is imminent on property that will be disrupted by a road project.
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