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HomeMy WebLinkAbout11/20/2018 - RegularRoanoke County Board of Supervisors November 20, 2018 INVOCATION:Executive Pastor Robbie Willard Fellowship Community Church PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: “Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board.” Page 1of 5 Roanoke County Board of Supervisors Agenda November 20, 2018 Good afternoon and welcome to our meeting for November 20, 2018. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, andwill be rebroadcast on Friday at 7:00 p.m. and on Sundayat 4:00 p.m. Board of Supervisors meetings can also be viewed online through Roanoke County’s website at www.RoanokeCountyVA.gov.Our meetings areclosed-captioned, so it is important for everyone to speak directly into the microphones at the podium.Individuals who require assistance or specialarrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A.OPENING CEREMONIES 1.Roll Call B.REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C.PROCLAMATIONS, RESOLUTIONS, RECOGNITIONSAND AWARDS D.BRIEFINGS E.NEW BUSINESS 1.Resolution requesting the Virginia Department of Transportation restrict through tractor truck and trailer or semi-trailer combinations on Route 628 (Green Ridge Road and Wood Haven Road) and Route 626 (Thirlane Road) in Roanoke County(David Holladay, Planning Administrator) Page 2of 5 F.FIRST READING OF ORDINANCES 1.Ordinance authorizing the purchase 1.706 acres of land from the Margaret R. Hinchee Revocable Living Trust and Lloyd M. Hinchee Revocable Living Trust for $36,900 located at 1923 Timberview Road and 0 Timberview Road in Roanoke County(Doug Blount, Director of Parks, Recreation and Tourism) G.SECOND READING OF ORDINANCES 1.Ordinance authorizing the granting of a public sanitary sewer easement to the Western Virginia Water Authority on property owned by the Roanoke County Board of Supervisors located at 20 Verndale Drive, Hollins Magisterial District (Doug Blount, Director of Parks, Recreation and Tourism) H.APPOINTMENTS 1.Budget and Fiscal Affairs (BFAC) (appointed by District and At-Large) 2.Economic Development Authority (EDA) (appointed by District) 3.Library Board (appointed by District) I.CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDAARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1.Approval of minutes –October 9, 2018 2.Request to accept and allocate grant funds in the amount of $8,399.65 from the U. S. Department of Justice’s Bulletproof Vest Partnership to the Roanoke County Sheriff Department 3.Request to accept andallocate funds in the amount of $22,592.31 from the Commonwealth of Virginia to the Clerk of the Circuit Court 4.Confirmation of appointments to the Blue Ridge Behavioral Healthcare Board; Roanoke County Library Board; SouthPeak Community Development Authority 5.Request to accept and allocate grant funds in the amount of $24,318.45 from the U. S. Department of Justice’s Bulletproof Vest Partnership to the Roanoke County Police Department 6.Request to approve revisions to the Board of Supervisors budgetdevelopment calendar for fiscal year 2019-2020 Page 3of 5 J.CITIZENS' COMMENTS AND COMMUNICATIONS K.REPORTS 1.Unappropriated, Board Contingency and Capital Reserves 2.Outstanding Debt Report 3.Comparative Statement of Budgeted and Actual Revenues as of October 31, 2018 4.Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of October 31, 2018 5.Accounts Paid –October 31, 2018 6.Statement of Treasurer's Accountability per Investment and Portfolio Policy as of September 30, 2018 L.WORK SESSIONS 1.Work session to review with the Board of Supervisors County of Roanoke Information Technology and Public Safety Communications(Bill Hunter, Director of Communications and Information Technology) 2.Work session to review with the Board of Supervisors the County of Roanoke's Capital Improvement Program (CIP) including fiscal year 2020 -2029 project requests(Christopher R. Bever, Director of Management and Budget) M.CLOSED MEETING,pursuant to the Code of Virginia as follows: 1.Section 2.2-3711.A.1, Personnel, namely discussion concerning an Interim County Administrator EVENING SESSION N.CERTIFICATION RESOLUTION O.PUBLIC HEARING AND SECOND READING OF ORDINANCES 1.The petition of Richard Atkinson and Kay Atkinson to rezone approximately 6.398 acres from R-1, Low Density Residential, District and AR, Agricultural/Residential, District to AV, Agricultural/Village Center, District and to obtain a special use permit for a construction yard, located at 4821 and 4835 Poor Mountain Road, Catawba Magisterial District(PhilipThompson, Acting Planning Director) Page 4of 5 2.The petition of Horace Obenchain to rezone approximately 82.05 acres from R-1, Low Density Residential, District to AG-3, Agricultural/Rural Preserve, District, located at 4191, 4185, and 4165 Barley Drive, Catawba Magisterial District (Philip Thompson, Acting Director of Planning) P.CITIZEN COMMENTS ANDCOMMUNICATIONS Q.REPORTS AND INQUIRIES OF BOARD MEMBERS 1.P. Jason Peters 2.George G. Assaid 3.Phil C. North 4.Joseph P. McNamara 5.Martha B. Hooker R.ADJOURNMENT Page 5of 5 ACTION NO. ITEM NO. E.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 20, 2018 AGENDA ITEM: Resolution requesting the Virginia Department of Transportation restrict through tractor truck and trailer or semi-trailer combinations on Route 628 (Green Ridge Road and Wood Haven Road) and Route 626 (Thirlane Road) in Roanoke County SUBMITTED BY: Philip Thompson Acting Director of Planning APPROVED BY: Thomas C. Gates County Administrator ISSUE: Restriction of through tractor truck and trailer or semi-trailer combinations requires a public hearing and resolution by the local governing body to the Virginia Department of Transportation. On October 23, 2018, the Board of Supervisors held a public hearing for this item. The public hearing was closed, and discussion continued until November 20, 2018. BACKGROUND: On July 24, 2018, the Roanoke County Board of Supervisors held a public hearing to rezone property on Wood Haven Road on petition of the Western Virginia Regional Industrial Facility Authority and Lewis Living Trust. Existing and potential new truck traffic on Wood Haven Road and the surrounding streets was a topic of discussion during community meetings, Planning Commission public hearing and the Board of Supervisors public hearing. During the July 24, 2018 meeting, the Board of Supervisors considered concept plans for various through truck restrictions in the vicinity of the property. The Board of Supervisors directed County and Virginia Department of Transportation (VDOT) staff to review the concepts and proceed with the process of restricting through trucks in the vicinity. Page 1 of 4 VDOT staff reviewed the concepts, and have recommended four distinct through truck restrictions. With respect to the original concept plan, VDOT recommended omitting the proposed restriction on Route 780 (Cove Road), because that proposed restriction would prevent any truck from using Cove Road from Electric Road to make deliveries to the Roanoke County School Administrative Offices, Roanoke County Public Safety Center, or Glen Cove Elementary School. VDOT staff also recommended splitting the proposed Route 628 restriction into two parts. This would make the proposed restriction enforceable, as a truck turning north onto Route 629 (Green Ridge Road) from Route 780 (Cove Road) and traveling to Route 629 (Green Ridge Road and Wood Haven Road) would not have a business need within either section of the restriction. DISCUSSION: A "through truck," as defined in Virginia, is a truck that traverses a roadway on which it has neither an origin or destination. A truck that has either an origin or destination on a particular roadway is not considered to be a "Through Truck" when traveling that roadway. This distinction is important because it allows an otherwise restricted vehicle to make a pick up or delivery along a restricted route. A common example of this is when a tractor trailer moving truck traverses restricted routes in a residential area in order to get to a home. The process to restrict through trucks on a secondary street requires the local governing body hold a public hearing and adopt a resolution formally requesting VDOT to place this restriction on a given section of roadway. Once the public hearing has been held and the resolution adopted, the request is forwarded to the local VDOT Resident Administrator for additional review and processing. For Secondary Roadways, Through Truck Restriction requests are either approved or denied by the VDOT Commissioner. resolution from the local governing body. There are several key criteria that VDOT considers prior to approving any proposed restriction: 1. A reasonable alternative route is provided. 2. Character/frequency of the truck traffic on the route is not compatible with the affected area. 3. Roadway is residential in nature. 4. Roadway must be functionally classified as either local or collector. The failure to satisfy both criteria one and two, and either three or four will result in the request being denied. Local truck traffic, for deliveries or someone who resides on this route, are not affected by the designation, however, all through trucks would be required to use an alternate route. Page 2 of 4 VDOT staff have recommended four distinct through truck restrictions: The first through truck restriction is proposed for Route 628 (Green Ridge Road) beginning at the intersection of Route 780 (Cove Road) and ending at the intersection of Route 629 (Green Ridge Road), with termini to termini distance equaling approximately 0.78 mile. The second through truck restriction is proposed for Route 628 (Wood Haven Road) beginning at the intersection of Route 629 (Green Ridge Road) and ending at the intersection of Route 1452 (Sequoia Drive), with the termini to termini distance equaling approximately 0.73 mile. The third through truck restriction is proposed for Route 626 (Thirlane Road) beginning at the intersection of Route 117 (Peters Creek Road) and ending at the intersection of Route 628 (Wood Haven Road), with the termini to termini distance equaling approximately 0.80 mile. For the first, second and third restricted routes, the proposed alternate route is Route 780 (Cove Road) beginning at the intersection of Route 628 (Green Ridge Road) and the intersection of Route 780 (Cove Road), traveling north on Route 780 (Cove Road) to Route 419 (North Electric Road), then traveling north on Route 419 (North Electric Road) to I-81 (Exit 141), then traveling north on I-81 to I-581 (Exit 143), then traveling south on I-581 to Route 117 (Peters Creek Road at Exit 2N), then traveling north on Route 117 (Peters Creek Road) to Route 1947 (Valleypointe Parkway), then traveling north on Route 1947 (Valleypointe Parkway) to Route 628 (Wood Haven Road), then traveling west on Route 628 (Wood Haven Road) and ending at the intersection of Route 1452 (Sequoia Drive), with the termini to termini distance equaling approximately 5.91 mile. (see attached map) The fourth through truck restriction is proposed for Route 628 (Wood Haven Road) beginning at the intersection of Route 1440 (Scarlet Oak Drive) and ending at the intersection of Route 117 (Peters Creek Road), with the termini to termini distance equaling approximately 0.60 mile. For the fourth restricted route, the proposed alternate route is Route 117 (Peters Creek Road) beginning at the intersection of Route 628 (Wood Haven Road) and the intersection of Route 117 (Peters Creek Road), then traveling south to Route 1947 (Valleypointe Parkway), then traveling north on Route 1947 (Valleypointe Parkway) to Route 628 (Wood Haven Road), then traveling east on Route 628 (Wood Haven Road) and ending at the intersection of Route 1440 (Scarlet Oak Dr.), with the termini to termini distance equaling approximately 1.77 miles. (see attached map) Page 3 of 4 FISCAL IMPACT: There is no fiscal impact for this item. All costs related to the restriction and associated signage are the responsibility of VDOT. Roanoke County Police would enforce the restriction, if approved, as part of its normal patrol responsibility. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. 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, NOVEMBER 20, 2018 RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION RESTRICT THROUGH TRACTOR TRUCK AND TRAILER OR SEMI-TRAILER COMBINATIONS ON ROUTE 628 (GREEN RIDGE ROAD AND WOOD HAVEN ROAD) AND ROUTE 626 (THIRLANE ROAD) IN ROANOKE COUNTY WHEREAS, the Roanoke County Board of Supervisors have studied the possibility of placing a through tractor truck and trailer or semi-trailer combinations restriction on Route 628 (Green Ridge Road and Wood Haven Road) and Route 626 (Thirlane Road); and WHEREAS, the first through truck restriction is proposed for Route 628 (Green Ridge Road) beginning at the intersection of Route 780 (Cove Road) and ending at the intersection of Route 629 (Green Ridge Road), with termini to termini distance equaling approximately 0.78 miles; and WHEREAS, the second through truck restriction is proposed for Route 628 (Wood Haven Road) beginning at the intersection of Route 629 (Green Ridge Road) and ending at the intersection of Route 1452 (Sequoia Drive), with the termini to termini distance equaling approximately 0.73 miles; and WHEREAS, the third through truck restriction is proposed for Route 626 (Thirlane Road) beginning at the intersection of Route 117 (Peters Creek Road) and ending at the intersection of Route 628 (Wood Haven Road), with the termini to termini distance equaling approximately 0.80 miles; and WHEREAS, for the first, second and third restricted routes, the proposed alternate route is Route 780 (Cove Road) beginning at the intersection of Route 628 (Green Ridge Road) and the intersection of Route 780 (Cove Road), traveling north on Route 780 (Cove Road) to Route 419 (North Electric Road), then traveling north on Route 419 (North Electric Road) to I-81 (Exit 141), then traveling north on I-81 to I-581 (Exit 143), then traveling south on I-581 to Route 117 (Peters Creek Road at Exit 2N), then traveling north on Route 117 (Peters Creek Road) to Route 1947 (Valleypointe Parkway), then traveling north on Route 1947 (Valleypointe Parkway) to Route 628 (Wood Haven Road), then traveling west on Route 628 (Wood Haven Road) and ending at the intersection of Route 1452 (Sequoia Drive), with the termini to termini distance equaling approximately 5.91 miles; and WHEREAS, the fourth through truck restriction is proposed for Route 628 (Wood Haven Road) beginning at the intersection of Route 1440 (Scarlet Oak Drive) and ending at the intersection of Route 117 (Peters Creek Road), with the termini to termini distance equaling approximately 0.60 miles; and WHEREAS, for the fourth restricted route, the proposed alternate route is Route 117 (Peters Creek Road) beginning at the intersection of Route 628 (Wood Haven Road) and the intersection of Route 117 (Peters Creek Road), then traveling south to Route 1947 (Valleypointe Parkway), then traveling north on Route 1947 (Valleypointe Parkway) to Route 628 (Wood Haven Road), then traveling east on Route 628 (Wood Haven Road) and ending at the intersection of Route 1440 (Scarlet Oak Dr.), with the termini to termini distance equaling approximately 1.77 miles; and WHEREAS, the alternate routes have been found to be reasonable; and WHEREAS, a public hearing was held on October 23, 2018, according to Section 46.2-809 of the Code of Virginia, 1950, as amended. Page 2 of 3 NOW, THEREFORE BE IT RESOLVED, that the Roanoke County Board of Supervisors requests the Virginia Department of Transportation to restrict through tractor truck and trailer or semi-trailer combinations on three portions of Route 628 (Green Ridge Road and Wood Haven Road), with the termini to termini distance equaling approximately 0.78, 0.73 and 0.80 miles, and BE IT FURTHER RESOLVED that the Roanoke County Board of Supervisors requests the Virginia Department of Transportation to restrict through tractor truck and trailer or semi-trailer combinations on Route 628 (Wood Haven Road), with the termini to termini distance equaling approximately 1.77 miles; and BE IT FURTHER RESOLVED that the County will use its offices for enforcement of the proposed restriction in Roanoke County. Page 3 of 3 , : ALTERNATE ROUTE PROPOSED PROPOSED ALTERNATE ROUTETO BE RESTRICTED (from other study) PROPOSED RESTRICTION 2: ROUTE 628 (WOOD HAVEN ROAD) , ROANOKE COUNTY PROPOSED THROUGH TRUCK RESTRICTION and PROPOSED RESTRCTION 3: ROUTE 626 (THIRLANE ROAD): PROPOSED RESTRICTIONS: RESTRICTION #1 PROPOSED RESTRICTION 1: ROUTE 628 (GREEN RIDGE ROAD) PROPOSED PROPOSED RESTRICTION #2PROPOSED RESTRICTION #3 : ROUTE ALTERNATE PROPOSED PROPOSED ALTERNATE ROUTETO BE RESTRICTED (from other study) ROANOKE COUNTY ROUTE 628 (WOOD HAVEN ROAD) PROPOSED THROUGH TRUCK RESTRICTION PROPOSED RESTRICTION: PROPOSED RESTRICTION ACTION NO. ITEM NO. F.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 20, 2018 AGENDA ITEM: Ordinance authorizing the purchase 1.706 acres of land from the Margaret R. Hinchee Revocable Living Trust and Lloyd M. Hinchee Revocable Living Trust for $36,900 located at 1923 Timberview Road and 0 Timberview Road in Roanoke County SUBMITTED BY: Doug Blount Director of Parks Recreation and Tourism APPROVED BY: Thomas C. Gates County Administrator ISSUE: Request to purchase 1.706 acres of land from the Margaret R. Hinchee Revocable Living Trust and Lloyd M. Hinchee Revocable Living Trust to create additional trail access to Carvins Cove BACKGROUND: Hanging Rock Battlefield Trail is a rail-trail project, which incorporates interpretive signs describing the Civil War Battle at Hanging Rock and the use of the railroad for hauling coal to Catawba. The Trail, Route #17 in the Greenway Plan, opened in 1999 as one of the early greenway projects in the Roanoke Valley. The trail is a 1.7 mile-long cinder surface, and hosts many runners and walkers each day. It runs parallel to Kessler Mill Road, adjacent to the Roanoke County Public Service Center, under I-81, adjacent to numerous business and residences. The City of Salem has funding to extend the trail south to the existing portions of Mason Creek Greenway (Route #23) near GE and ultimately the trail will connect to the Roanoke River Greenway (Route #31). The existing Hanging Rock Battlefield Trail will be the direct link to the proposed Hinchee Trail, providing the greenway connection to this new trail from businesses, residential and commercial areas. Carvins Cove Natural Reserve is a 12,463-acre watershed property protecting Carvins Page 1 of 4 Cove Reservoir. The reservoir and lands immediately surrounding it, approximately 1,100 acres, are owned and operated by the Western Virginia Water Authority; the remaining lands above the 1,200-foot contour are owned and managed by the City of and Blue Ridge Land Conservancy. These easements are on the lands above the 1,200-foot contour and protect the land for watershed, recreation, open space, natural habitat, biological diversity and forest use. Carvins Cove is a destination outdoor recreation area. The Hinchee Trail would provide a new connection to Carvins Cove from the urban area, allowing access without an automobile. Brushy Mountain Fire Road is an existing, single lane, unsurfaced road with ditches, running from Timberview Road at Hanging Rock to Happy Valley Trail at the Bennett Springs gate (Route 740) for Carvins Cove, a distance of over 12 miles. Two miles of the road are in private ownership designated on property plats in various ways, management system was installed, all roads were named and the ¼ mile at the bottom of the road, which serves three houses was named Virginia Deer Road. The road is gated on each end and near the Hinchee/Carvins Cove line. The portion within Carvins Cove is open for trail use by bicycles, hikers and equestrians, but the 1.97-mile portion on private land has always been closed. The road is also an access route for emergency management for fire and rescue. The Hinchee family has been in discussions with the Roanoke Valley Greenway Coordinator and Roanoke County for several years. The heirs of two Hinchee trusts jointly own over 200 acres. The heir of the Margaret R. Hinchee Revocable Trust has agreed to donate her share of seven land tracts, called the mountain properties, to Roanoke County for the greenway and preservation of the mountain. Pathfinders for Greenways has agreed to purchase property owned by the Lloyd M. Hinchee Revocable Trust, which includes a half interest in the seven mountain parcels previously referenced and sole ownership of one parcel (35 acres with frontage on Mason Creek). The Hinchee mountain properties are wooded and undeveloped; there are remains of an old cabin, an old orchard and two parking areas. The conservation values include open space, upland forest, headwaters of streams, recreation access, wildlife habitat and scenic view sheds. The Hinchee Trail project will provide access to Carvins Cove lands that currently are relatively difficult to reach because they are ten miles from any access points. In addition to the mountain properties noted, the heirs of the two Trusts have agreed to sell the three tracts at the intersection of Timberview and Dutch Oven Roads for trailhead parking, picnic facilities and trailhead amenities. The goal of this project is to connect the Roanoke Valley Greenway network to the 12,463-acre Carvins Cove Natural Reserve. This project is in Roanoke County, half a mile from Exit 141 of I-81 and a mile from the City of Salem. The project would provide Page 2 of 4 the opportunity for users to bicycle, walk, or ride horses from the Hanging Rock Battlefield Trail to Carvins Cove, thus connecting an urban area to a very rural, natural preserve. Land acquisition by the County for this project will be accomplished through direct granting of property, property purchase and donation of land acquired by the Pathfinders for Greenways as follows: The Pathfinders for Greenways will purchase the half interest of seven land tracts owned by Lloyd M. Hinchee Revocable Trust at a value of $141,000. The purchased land will subsequently be donated to Roanoke County; The Margaret R. Hinchee Trust will donate to Roanoke County their half interest in seven tracts of land. The donation value of this land is $141,000; The Pathfinders for Greenways will purchase a 35.37 acre tract of land from Lloyd M. Hinchee Revocable Trust at a value of $114,700. The Pathfinders for Greenways will utilize a Preservation Trust Fund grant in the amount of $46,500 to be used towards the land purchase. The Pathfinders will in turn donate the acquired land to Roanoke County. Roanoke County will purchase 1.7 acres of land from the Margaret R. Hinchee Revocable Trust and Lloyd M. Hinchee Revocable Trust for the assessed value plus land acquisition costs. Roanoke County will purchase greenway easements as necessary from property owners adjacent to the acquired properties. The Board of Supervisors approved the appropriation of VLCF grant funds of $69,980 on January 9, 2018, for the acquisition of the Hinchee properties. DISCUSSION: Roanoke County is requesting approval to move forward with the purchase of 1923 Timberview Road (Tax ID number 036.10-01-11.00-0000) and 0 Timberview Road (Tax ID number 036.10-01-11.01-000 totaling 1.706 acres of land through the Virginia Land Conservation Fund grant. Roanoke County has an agreement with the sellers to purchase the two parcels for the assessed value of the properties. Roanoke County has completed a phase 1 environmental study through ECS. The study was returned with no findings. Roanoke County has completed a boundary survey through Balzer and Associates and a title exam through Land Records Research. An appraisal was completed for two parcels by Miller and Long and Associates, Inc. The Page 3 of 4 two parcels appraised for $43,000. Roanoke County will place an open space deed for the property in perpetuity only as open-space land for recreational purposes as set forth in the Open-Space Land Act, Virginia Code § 10.1-1700 et seq. This declaration and dedication shall run with the aforesaid real property and shall be binding upon all parties and entities having any right, title or interest in the aforesaid real estate or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of the Grantees, the Commonwealth of Virginia, and the Virginia Land Conservation Foundation pursuant to Virginia Code §§ 10.1-1017 through 10.1-1026. The two parcels will be used for the operation of a greenway and park. A parking lot, restroom facility, and site furnishings, such as kiosks, signs, benches and trash receptacles, may be constructed on the property to provide support to the trail connection to Carvins Cove. FISCAL IMPACT: The Board of Supervisors appropriated $69,980 in VLCF grant funds on January 9, 2018, for the purchase of land, easements and acquisition costs. In addition, Parks, Recreation and Tourism has contributed $51,380 from the Fee Class Fund for Roanoke County's grant match. STAFF RECOMMENDATION: Staff recommends approval of first reading of the ordinance and scheduling second reading for December 4, 2018. Page 4 of 4 Prepared by: Peter S. Lubeck Sr. Assistant County Attorney VSB #71223 Office of the County Attorney 5204 Bernard Drive Roanoke, VA 24018 Exemption claimed: Grantee is exempted from recordation taxes and fees pursuant to §58.1-811(A )(3), §58.1-811(C)(4), Code of Virginia (1950). Parcel Identification Nos. 036.10-01-11.00-0000 AND 036.10-01-11.01-0000 Property Owners: Lloyd M. Hinchee Revocable Living Trust AND Margaret R. Hinchee Revocable Living Trust THIS DEED is entered into this __________ day of _____________ 2018, by and between the LLOYD M. HINCHEE REVOCABLE LIVING TRUST, by its Trustees Carole H. Reppart and Annette G.H. Galdun, and the MARGARET R. HINCHEE REVOCABLE LIVING TRUSTthe BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia WITNESSETH: WHEREAS, the Grantors and Grantee entered into a Purchase Agreement dated October 25, 2018, (Purchase , whereby the Grantors agreed to convey to Grantee, and Grantee agreed to purchase, certain property owned by Grantors, for the operation of a greenway and park, having Tax Map Numbers 036.10-01-11.00-0000 (1923 Timberview Road) and 036.10- 01-11.01-0000 ,as Topographic Survey for Roanoke County Parks, Recreation and Tourism, Timberview Road, Tax Map #036.10-01-11.00-0000 & Tax Map #036.10-01-11.01-0000, Catawba Magisterial District, Roanoke County, Virginia, surveyed 04-17-18 and prepared by Balzer & Associates, Inc., revised 07-17-18 and 10-02-18, and sealed by John R. McAden on 10- Page 1 of 7 2-18 , a copy of which is attached hereto and made a part hereof as Exhibit A, in Roanoke County, Virginia, upon certain terms and conditions stated in the Purchase Agreement. WHEREAS, Grantors desire to sell, and Grantee desires to purchase the Property for the purpose of establishing a public greenway and park. Grantee has received a grant from the irginia Land Conservation conservation easements, open spaces and parklands, lands of historic or cultural significance, farmlands and forests, and natural areas; and WHEREAS, VLCF and Grantee entered a Grant Program Project Contractual Agreement, dated 02-01-18, in which Grantee agreed to dedicate the Property to open-space use CF Agreemen NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of THIRTY SIX THOUSAND AND NINE HUNDRED DOLLARS ($36,900.00), paid by the Grantee to Grantors, receipt of which is hereby acknowledged, and the above recitals which are incorporated by reference herein, Grantors do hereby GRANT AND CONVEY to Grantee, its successors, and assigns, the parcels identified as Tax Map No. 036.10-01-11.00-0000 (1923 Timberview Road) and Tax Map No. 036.10-01-11.01-0000 (0 Timberview Road), as shown on the Plat. The conveyance is made subject to the following restrictions: 1. The Property shall be used for the operation of a greenway and park. A parking lot, restroom facility, and site furnishings, such as kiosks, signs, benches, and trash receptacles, may be constructed on the Property to provide support to the trail connection to Carvins Cove. Page 2 of 7 2. By its execution and recordation of this deed, the Grantee hereby declares that all of the aforesaid real estate shall be used in perpetuity only as open-space land for recreational purposes as set forth in the Open-Space Land Act, Virginia Code § 10.1-1700 et seq. This declaration and dedication shall run with the aforesaid real property and shall be binding upon all parties and entities having any right, title, or interest in the aforesaid real estate or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of the Grantees, the Commonwealth of Virginia, and the Virginia Land Conservation Foundation pursuant to Virginia Code §§ 10.1-1017 through 10.1-1026. 3. Fifty percent (50 %) of the funds used to purchase the Property were provided by Future use and disposition of the Property is subject to (i) VLCF Agreement, attached hereto as Exhibit B and recorded herewith, and (ii) the 2017 VLCF grant manual adopted May 24, 2017, which is hereby incorporated by reference. The Property shall not be diverted from open-space use unless the requirements of Section 10.1-1704(A) of the Code of Virginia have been met. Should the Property be diverted or converted from the uses described in this deed or should the interest created by this deed be extinguished at any time after the date hereof, contrary to the provisions of Section 10.1-1704(A) of the Code of Virginia, Grantee agrees to reimburse the VLCF in the amount of 50 % (net after applicable costs) of any monetary consideration received by the Grantee as a result of that transaction. The conveyance is made subject to all terms, conditions, and limitations set forth in the VLCF Agreement, all of which terms, conditions, and limitations are incorporated herein by reference. Page 3 of 7 This conveyance is made expressly subject to all recorded conditions, reservations, easements and restrictions affecting title to the property herein conveyed, together with any matters that would be shown in the Plat. SIGNATURE PAGES TO FOLLOW. Page 4 of 7 WITNESS the following signature and seal: GRANTOR: Lloyd M. Hinchee Revocable Living Trust By _____________________________ Carole H. Reppart, Trustee STATE OF __________________________________ ) CITY/ COUNTY OF___________________________ ) to-wit: The foregoing instrument was acknowledged before me this _____ day of _________ 2018, by Carol H. Reppart, Trustee for the Lloyd M. Hinchee Revocable Living Trust. My commission expires: ________________________ ______________________________________ Notary Public Registration No. ________________________ By______________________________ Annette G.H. Galdun, Trustee STATE OF __________________________________ ) CITY/ COUNTY OF___________________________ ) to-wit: The foregoing instrument was acknowledged before me this _____ day of _________ 2018, by Annette G. H. Galdun, Trustee for the Lloyd M. Hinchee Revocable Living Trust. My commission expires: ________________________ ______________________________________ Notary Public Registration No. ________________________ GRANTOR: Margaret R. Hinchee Revocable Living Trust By___________________________________ Nancy Hinchee Pace, Trustee COMMONWEALTH OF VIRGINIA ) COUNTY OF ROANOKE ) to-wit: Page 5 of 7 The foregoing instrument was acknowledged before me this _____ day of _________ 2018, by Nancy Hinchee Pace, Trustee for the Margaret R. Hinchee Revocable Living Trust. My commission expires: ________________________ ______________________________________ Notary Public Registration No. ________________________ (SEAL) THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By:____________________________________ Thomas C. Gates, County Administrator COMMONWEALTH OF VIRGINIA ) COUNTY OF ROANKE ) to-wit: The foregoing instrument was acknowledged before me this _____ day of _________ 2018, by Thomas C. Gates, the County Administrator for the County of Roanoke, Virginia. . My commission expires: ________________________ ______________________________________ Notary Public Registration No. ________________________ (SEAL) Approved as to Form: ___________________________ County Attorney Page 6 of 7 Exhibit A Page 7 of 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 20, 2018 ORDINANCE APPROVING THE PURCHASE OF 1923 TIMBERVIEW ROAD (TAX MAP NUMBER 036.10-01-11.00-0000) AND 0 TIMBERVIEW ROAD (TAX MAP NUMBER 036.10-01-11.01-0000) FROM THE MARGARET R. HINCHEE REVOCABLE LIVING TRUST and LLOYD M. HINCHEE REVOCABLE LIVING TRUST AND AUTHORIZING THE EXECUTION OF A CONTRACT OF PURCHASE WHEREAS, the Margaret R. Hinchee Revocable Living Trust and Lloyd M. Hinchee Revocable Living Trust jointly own two (2) parcels of real property situated on Timberview Road, in Roanoke County, Virginia (Catawba Magisterial District), bearing Official Tax Map Numbers 036.10-01-11.00-0000 (1923 Timberview Road, which contains 1.349 acres), and 036.10-01-11.01-0000 (0 Timberview Road, which contains 0.357 acre); and WHEREAS, the Margaret R. Hinchee Revocable Living Trust and Lloyd M. Hinchee Revocable Living Trust desire to sell these two properties to the County and the County desires to acquire these properties for the purposes of developing, constructing, operating and maintaining a public park and greenway system; and WHEREAS, a purchase agreement has been prepared between the Margaret R. Hinchee Revocable Living Trust, Lloyd M. Hinchee Revocable Living Trust and the County, providing for the pu total purchase price of $36,900 for both of the above-mentioned parcels located on Timberview Road Road; and WHEREAS, the County has received a grant from the Virginia Department of tion (VLCF); VLCF awards grants to help fund the purchase of permanent conservation easements, Page 1 of 2 open spaces and parklands, lands of historic or cultural significance, farmlands and forests, and natural areas; and WHEREAS, VLCF and Roanoke County entered a Grant Program Project Contractual Agreement, dated 2-01-18, in which Roanoke County agreed to dedicate the two parcels to open-space use in exchange g to acquire the two properties; and WHEREAS, Section 18.04 of the Roanoke County Charter requires that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading for this ordinance was held on November 20, 2018. The second reading of this ordinance was held on December 4, 2018. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the purchase of 1923 Timberview Road (Tax Map No. 036.10-01- 11.00-0000; containing 1.349 acres) and 0 Timberview Road (Tax Map No. 036.10-01- 11-01-0000; containing 0.375 acre) from the Margaret R. Hinchee Revocable Living Trust and the Lloyd M. Hinchee Revocable Living Trust, is hereby approved; and 2. That the County Administrator or any Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. Page 2 of 2 ACTION NO. ITEM NO. G.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 20, 2018 AGENDA ITEM: Ordinance authorizing the granting of a public sanitary sewer easement to the Western Virginia Water Authority on property owned by the Roanoke County Board of Supervisors located at 20 Verndale Drive, Hollins Magisterial District SUBMITTED BY: Doug Blount Director of Parks Recreation and Tourism APPROVED BY: Thomas C. Gates County Administrator ISSUE: Enact an ordinance authorizing a public sanitary sewer easement at 20 Verndale Drive in the Hollins Magisterial District BACKGROUND: Brookside Park is located at 20 Verndale Drive in the Hollins Magisterial District, tax ID number 038.07-02-29.00-0000. The park currently has a public sanitary sewer line with two man holes for access to the sewer line. This particular sewer line has reached its capacity for the community it serves. DISCUSSION: The Western Virginia Water Authority (WVWA) has requested a public sanitary sewer and a temporary construction easement for 20 Verndale Drive. This will allow WVWA to install a new parallel sewer line to increase the sanitary sewer system hydraulic capacity and mitigate wet weather overflows in this area. The project will replace a failing, undersized sewer line with a new larger line. The total impacted area is 3897 square feet or 0.0895 acres. The 10 foot temporary construction easement will impact 5990 square feet or 0.1375 acres. This project will not have an effect on the use of Brookside Park. The easement will traverse the passive open space of the park. The Page 1 of 2 work is scheduled for the December of 2018 through January, 2019. There have been no changes since the first reading on November 7, 2018. FISCAL IMPACT: There is no fiscal impact for the easement. STAFF RECOMMENDATION: Staff recommends approval of this ordinance Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY NOVEMBER 20, 2018 ORDINANCE AUTHORIZING CONVEYANCE OF A PUBLIC SANITARY EASEMENT TO THE WESTERN VIRGINA WATER AUTHORITY ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS LOCATED AT 20 VERNDALE DRIVE, HOLLINS MAGISTERIAL DISTRICT WHEREAS, the Western Virginia Water Authority (WVWA) requires a 3,897 square foot easement for an underground sanitary sewer extension and a ten (10) foot temporary construction easement within Brookside Park, located at 20 Verndale Drive (Tax Map No. 038.07-02-29.00-0000) in the Hollins Magisterial District; and WHEREAS, the park currently has a public sanitary sewer line that has reached its capacity for the community it serves and must be expanded; and Construction Easement Being Granted by Roanoke County Board of Supervisors to the Western Virginia Water Authority Situated at 20 Verndale Drive, Hollins Magisterial District, Thomas Ogle, Jr., on August 22, 2018; and WHEREAS, the proposed easement will allow WVWA to install a new parallel sewer line to increase the sanitary sewer system hydraulic capacity and mitigate wet weather overflows in the area. It will serve the interests of the public and is necessary for the public health, safety, and welfare of the citizens of Roanoke County; and WHEREAS, pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. Page 1 of 2 A first reading of this ordinance was held on November 7, 2018, and a second reading and was held on November 20, 2018. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to WVWA for the provision of sanitary sewer service. 2. That donation to WVWA of a 3,897 square foot variable width easement and for an underground sanitary sewer extension and related improvements, within the easement area desig which is incorporated herein by reference known as Brookside Park, located at 20 Verndale Drive (Tax Map No. Tax Map No. 038.07-02-29.00-0000) in the Hollins Magisterial District, is hereby authorized and approved. 3. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on a form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 2 ACTION NO. ITEM NO. H.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 20, 2018 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Thomas C. Gates County Administrator ISSUE: All open district appointments BACKGROUND: 1. Budget and Fiscal Affairs Committee (BFAC) (appointed by District) The following District appointments remain open: Cave Spring Magisterial District Vinton Magisterial District Budget and Fiscal Affairs Committee (BFAC) (At-Large) Two open appointments 2. Economic Development Authority (EDA) (appointed by District) The following four-year term expired on September 26, 2017: a) Steve Anderson, representing the Cave Spring Magisterial District is eligible for reappointment Page 1 of 2 3. Library Board (appointed by District) Jim Nelson, representing the Cave Spring Magisterial District, will rotate off the Board as of December 31, 2018. He has reached the limit of the number of terms he can serve. George Assaid, has recommended Catherine Case to replace Mr. Nelson to a four- year term to expire December 31, 2022. Confirmation has been placed on the Consent Agenda. The following District appointment remains open: Vinton Magisterial District FISCAL IMPACT: There is no fiscal impact associated with this agenda item. 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, NOVEMBER 20, 2018 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for November 20, 2018, 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 6 inclusive, as follows: 1. Approval of minutes October 9, 2018 2. Request to accept and allocate grant funds in the amount of $8,399.65 from the U. Sheriff Department 3. Request to accept and allocate funds in the amount of $22,592.31 from the Commonwealth of Virginia to the Clerk of the Circuit Court 4. Confirmation of appointments to the Blue Ridge Behavioral Healthcare Board; Roanoke County Library Board; South Peak Community Development Authority 5. Request to accept and allocate grant funds in the amount of $24,318.45 from the U. S. Departmen Police Department 6. Request to approve revisions to the Board of Supervisors budget development calendar for fiscal year 2019-2020 Page 1 of 1 ACTION NO. ITEM NO. I.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 20, 2018 AGENDA ITEM: Request to accept and allocate grant funds in the amount of Vest Partnership to the Roanoke County Sheriff Department SUBMITTED BY: Eric Orange Sheriff APPROVED BY: Thomas C. Gates County Administrator ISSUE: Acceptance and allocation of $8,399.65 for the Bulletproof Vest Partnership Grant. BACKGROUND: The Bulletproof Vest Partnership (BVP), created by the Bulletproof Vest Partnership Grant Act of 1998 is a unique U.S. Department of Justice initiative designed to provide a critical resource to State and local law enforcement. Since 1999, the BVP program has awarded more than 13,000 jurisdictions, a total of $430 million in federal funds for the purchase of over one million vests DISCUSSION: The U.S. Department of Justice's Bulletproof Vest Partnership awarded the Roanoke County Sheriff Department grant funds to assist in the purchase of protective vests for officers. FISCAL IMPACT: The total amount of the grant awarded is $16,799.30, which includes a fifty percent (50%) match. U. S. Department of Justice grant funds total $8,399.65 and the County match of $8,399.65 was appropriated by the Board of Supervisors in the fiscal year 2017-2018 Sheriff Department budget. No additional appropriation of County funds is Page 1 of 2 required. STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds in the amount of $8,399.65 to the Sheriff Department from the U.S. Department of Justice's Bulletproof Vest Partnership. Page 2 of 2 ACTION NO. ITEM NO. I.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 20, 2018 AGENDA ITEM: Request to accept and allocate funds in the amount of $22,592.31 from the Commonwealth of Virginia to the Clerk of the Circuit Court SUBMITTED BY: Jill Camilletti Deputy Clerk IV APPROVED BY: Thomas C. Gates County Administrator ISSUE: Request to accept and allocate funds in the amount of $22,592.31 to the Clerk of the Circuit Court from the Commonwealth of Virginia BACKGROUND: Technology Trust Funds representing fees collected by the Roanoke County Circuit Court Clerk's Office, have been received from the State in the amount of $22,592.31. In accordance with State of Virginia Code Section 17.1-279 stated the Circuit Court Clerks Office shall assess a $5.00 fee called 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 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, land 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 needs for the Clerk of Circuit Court, specifically towards the twice yearly Page 1 of 2 maintenance bill from the Supreme Court for maintaining their records, equipment, etc., and for adding money to the postal account to aid in postage fees/costs. FISCAL IMPACT: All funds are provided by the Commonwealth of Virginia. No County matching funds are required. STAFF RECOMMENDATION: Staff recommends accepting and allocating $22,592.31 to the Clerk of Circuit Court from the Commonwealth of Virginia. Page 2 of 2 ACTION NO. ITEM NO. I.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 20, 2018 AGENDA ITEM: Confirmation of appointments to the Blue Ridge Behavioral Healthcare Board; Roanoke County Library Board; South Peak Community Development Authority SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Thomas C. Gates County Administrator ISSUE: Confirmation of appointments BACKGROUND: Blue Ridge Behavioral Healthcare Board: Jessica Webb, Roanoke County Representative, three-year term will expire December 31, 2018. The Blue Ridge Behavioral Healthcare Board has recommended that Ms. Webb serve an additional three-year term to expire December 31, 2021. Col. Bobby Russell, At-Large Representative, was reappointed to the Board for an additional three-year term, which expires December 31, 2021 and must be ratified by the Board of Supervisors. It is the consensus of the Board of Supervisors to reappoint both Ms. Webb and Col. Russell. Roanoke County Library Board: Jim Nelson, representing the Cave Spring Magisterial District, will rotate off the Board as of December 31, 2018. He has reached the limit of the number of terms he can Page 1 of 2 serve. Supervisor Assaid has recommended Catherine Case to replace Mr. Nelson to a four-year term to expire December 31, 2022. South Peak Community Development Authority (CDA): The four-year appointments of Rebecca Owens and Richard Caywood will expired October 25, 2018. It is the consensus of the Board of Supervisors to reappoint both Ms. Owens and Mr. Caywood to additional four-year terms that will expire on October 25, 2022. STAFF RECOMMENDATION: Staff recommends confirmation of all appointments. Page 2 of 2 ACTION NO. ITEM NO. I.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 20, 2018 AGENDA ITEM: Request to accept and allocate grant funds in the amount of Bulletproof Vest Partnership to the Roanoke County Police Department SUBMITTED BY: Howard B. Hall Chief of Police APPROVED BY: Thomas C. Gates County Administrator ISSUE: Acceptance and allocation of $24,318.45 for the Bulletproof Vest Partnership Grant. BACKGROUND: The Bulletproof Vest Partnership (BVP), created by the Bulletproof Vest Partnership Grant Act of 1998 is a unique U.S. Department of Justice initiative designed to provide a critical resource to State and local law enforcement. Since 1999, the BVP program has awarded more than 13,000 jurisdictions, a total of $430 million in federal funds for the purchase of over one million vests. DISCUSSION: The U.S. Department of Justice's Bulletproof Vest Partnership awarded the Roanoke County Police Department grant funds to assist in the purchase of protective vests for officers. FISCAL IMPACT: The total amount of the grant awarded is $24,318.45, which includes a fifty percent (50%) match. U. S. Department of Justice grant funds total $12,159.22 and the County match of $12,159.23 was appropriated by the Board of Supervisors in the fiscal year Page 1 of 2 2017-2018 Police Department budget. No additional appropriation of County funds is required. STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds in the amount of $24,318.45 to the Police Department from the U.S. Department of Justice's Bulletproof Vest Partnership. Page 2 of 2 ACTION NO. ITEM NO. I.6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 20, 2018 AGENDA ITEM: Request to approve revisions to the Board of Supervisors budget development calendar for fiscal year 2019-2020 SUBMITTED BY: Christopher R. Bever Director of Management and Budget APPROVED BY: Thomas C. Gates County Administrator ISSUE: Approval of revisions to Board of Supervisors budget development calendar for fiscal year 2019-2020. BACKGROUND: On September 11, 2018, the Board of Supervisors approved the fiscal year 2019-2020 budget development calendar. Staff is recommending several revisions to the budget development calendar. An updated calendar is included as Attachment A. DISCUSSION: Staff recommends approval of the following changes to the fiscal year 2019-2020 budget development calendar: adding a work session on December 4, 2018 regarding the County's Cityworks system; moving the County of Roanoke Transportation (CORTRAN) presentation from December 4, 2018 to December 18, 2018; and moving the fiscal year 2017-2018 audit results from December 4, 2018 to December 18, 2018. FISCAL IMPACT: There is no fiscal impact associated with the approval of the revisions to the budget development calendar. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends approval of the revisions to the fiscal year 2019-2020 budget development calendar. Page 2 of 2 ATTACHMENT A Fiscal Year 2019-2020 Revised Budget Development Calendar (dates subject to change) DateBoard ActionsPublic HearingsBriefings/Work Sessions 24-Jul-18 28-Aug-18 11-Sep-18Approval of FY 2019-2020 budget development calendar (consent agenda) 25-Sep-18 Work Session: Fiscal Year 2017-2018 Preliminary and Unaudited Year-End Overview (Finance, Budget) 9-Oct-18 23-Oct-18 7-Nov-18 Work Session: Fire and Rescue Department Staffing (Fire and Rescue) 20-Nov-18 Work Session: Capital Improvement Program (CIP) Update (County and Schools); Capital Projects Status Report Work Session: Communications / Information Technology Structural Meeting Scheduled Organization (Communications / Information Technology Departments) 4-Dec-18 Briefing: 2019 Reassessment (Assessor, Budget) Work Session: Cityworks System (Community Development, GIS, & Information Technology) 18-Dec-18 Briefing: Fiscal Year 2017-2018 Audit Results (Finance) Work Session: CORTRAN (Budget, Parks Recreation, and Tourism, Social Services) 8-Jan-19 Work Session: County Financial Polices Review - if necessary (Finance, Budget) 22-Jan-19Approval of updated County Briefing: County Administrator's financial policies - if necessary Proposed FY 2020-2029 Capital (resolution) Improvement Program Presentation Work Session: FY 2018-2019 Mid-Year Revenue and Expenditure Update; Fiscal Year 2019-2020 Budget Issues 12-Feb-19 Work Session: FY 2019-2020 Revenue Outlook; County Fees & Charges Compendium Meeting Tentative 26-Feb-19 Work Session: FY 2020-2029 Capital Improvement Program 12-Mar-19 Briefing: County Administrator's Proposed FY 2019-2020 Operating Budget Presentation 11/20/2018 1 of 2 ATTACHMENT A Fiscal Year 2019-2020 Revised Budget Development Calendar (dates subject to change) DateBoard ActionsPublic HearingsBriefings/Work Sessions 26-Mar-19Adoption of 2019 maximum tax Public Hearing: Effective Tax Work Session: Total Compenstation; rates (resolution)Rate (if necessary) Outside Agencies; Revenue Update (if Public Hearing: Maximum Tax necessary) Rate 9-Apr-19Adoption of 2019 tax rates (order)Public Hearing: Tax Rate Work Session: Departmental Budgets; Adoption Other General Fund Budgets Public Hearing: Operating and Captial Budgets (first of two) 23-Apr-19 Work Session: Schools, CIP, Debt, Other/Follow-Up Items 14-May-19First reading of budget ordinances Public Hearing: Operating and (total of five ordinances)Captial Budgets (two of two) Approval of School Board budget (resolution) Meeting Tentative 28-May-19Second reading of budget ordinances (total of five ordinances) Approval of operating and capital budgets, revenues and expenditures for County and Schools (resolution) 11-Jun-19 25-Jun-19 11/20/2018 2 of 2 COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Unaudited OutstandingOutstanding June 30, 2018AdditionsDeletionsNovember 20, 2018 General Obligation Bonds$2,765,175$-$2,765,175 VPSA School Bonds78,883,08227,875,0008,121,85598,636,227 Lease Revenue Bonds81,845,7052,935,00078,910,705 $163,493,962$27,875,000$11,056,855-$180,312,107 Submitted ByRebecca E. Owens Director of Finance Approved ByThomas C. Gates County Administrator %% e 75 c 86 n .. a 03 i0.34%0.00%5.96%4.01%0.00%4.42%2.96%7.16% - r-2.68%-5.32%-0.38%-0.40% 10.28%15.66%11.60%78.61%17.00%48.62%16.36% a 100.00% -153.57%-120.00% V f so e c % n a ) i r 06 00 67 a (18) 96 598 V ,, s l 22 4,7001,6954,1939,1039,558 a 6(1,179)(4,488)6(5,720) 79,32724,89236,37445,29749,85511,98133,020 ( 2 (45,686) u 164,128 t c ($167,777) A %% t 33 e s 53 .. g e 50 d 2.30%0.78%0.00%4.54%0.00%7.14% 6.73%8.37% u 2 u 22.11%26.24%24.18%13.26%28.48%20.85%27.74%24.09%25.16%30.26%39.45%33.13%32.45% 23.84% n B e v f e o R % 55 00 r 40 15 a s 27 e ,, e 59 Y 5,334 3,725 u 28 t 24,89223,65418,72058,406 n 21 n 771,393176,867,906,873289,283306,522429,837106,343405,251,194,223 858,069 e e 77 v 2,751,7351,112,138 r e r $6,252,093 u R s C e u n 54 e 40 v 06 210 ,, e t 20 e R 86 g 94,00017,62556,500 44,500 l 63 d 800,000180,000,650,000510,000,492,365180,000 a 05 u 3,210,0003,600,0003,750,0006,372,7002,312,3871,509,5091,461,0524,616,011 u 33 t B 33,546,38410,484,945 1 c $92,945,661 A E d K n %% t Oa 03 e s 76 N d .. g e Ae 59 d 2.11%0.00%0.00%3.92%0.00%6.57% 7.05% u t 1 u 19.15%24.68%22.97%13.49%25.17%19.93%26.92%23.98%23.36%37.84%17.49%26.94%15.71% 24.52%21.22% n O e B e g R v f d e o F u R OB % f Y o T t 59 000 n N 02 33 r e s 20 U General Fund - C100 a,, e 87 m e 1,1419,618 O 9,445 u 82 e Y21,96048,848 n t C 29 692,066176,269,870,499243,986307,701379,981101,643393,270,161,203 903,756 re a 76 t v o 2,587,6071,116,626 i e r S $6,419,871 PR e v i t a r 14 71 a 67 210 p ,, t 72 e For the Four Months Ending Wednesday, October 31, 2018 m 19 g 94,00017,37555,000 44,500 o 92 d 920,612174,000,600,000510,000,426,065181,300 C 75 u 3,050,0003,686,2553,789,4506,220,0002,280,8831,509,5091,461,0524,656,620 23 B 32,723,39110,484,945 1 $91,049,668 s e x a T s ye t x r a e T p l o r a c P lo aL r r e e n h et GO ll aa tt oo TT Personal Property TaxesPublic Service Corp BasePenalties & Interest on Property TaxesPayment In Lieu Of TaxesLocal Sales TaxConsumer Utility TaxBusiness License TaxFranchise TaxMotor Vehicle License FeesTaxes On Recordation & WillsUtility License TaxHotel & Motel Room TaxesTaxes - Prepared FoodsOther TaxesLand and Building FeesPermitsFeesClerk of Court FeesPhotocopy Charges Real Estate TaxesCommunication TaxesAnimal Control Fees %%%%% e 87076 c 86782 n ..... a 73251 i0.00%4.80%4.00%8.60%5.48%0.00%0.00% 2.71% 1222 r-1.25% 23.39%10.14% 23.67% -- a-16.99%-29.07% -996.53%-438.71% V f so e c % n a )) i r 50243 000 30308 a 14886 V ,,,,, s l 09394 8,776 a 5213 13,60913,24441,65351,06178,158 29,40013,396 ( 2 (27,441)(85,584)(17,337)(15,624) u ( t (154,219) c A %%%%% t 40792 e s 47472 ..... g e 50210 d 0.00%0.00%0.00% 2.20%9.53% u 33222 u 39.80%48.77%42.66%20.02%22.75%28.11%31.95% 30.70%21.73%24.70% n 119.83% B e v f e o R % 32647 000 r 20469 a s 42900 e ,,,,, e 04073 Y 2,754 u 82627 t 58,19319,508 59,639 n 2193 n 130,567182,891593,673 124,202907,556494,888 e e v 1,246,8901,042,2801,425,700 r e r u R C 00055 0 00068 25271 ,,,,, t 14145 e 5,000 90754 g 40,00038,000 74228 d 146,200,306,036913,635, 404,500125,000625,514413,000 41 u 4,176,7655,047,7434,580,4522,112,1734,462,294 B %%%%% t 94729 e s 74511 ..... g e 13780 d 0.00%0.00%0.00% u 32222 u 30.50%41.02%19.06%26.70%27.01%30.20% 23.44%24.16%26.08%12.31%25.33% n 262.73% 116.58% B e v f e o R % 82974 000 80761 r s 28784 a,,,,, e 04468 e u 39766 Y44,584 94,80230,19576,976 n 213 105,092,117,323174,115542,612 481,492 re 1 v o 1,061,7751,262,5131,000,6281,347,542 i e r PR 00085 0 50098 45271 ,,,,, t 44195 e 5,000 20742 g 40,00038,000 74218 d 146,200,286,036913,635, 404,500125,000625,514413,000 41 u 4,071,7984,984,0673,748,2452,008,7264,462,294 B s y t e r s e n p e o c r s i s e L P e r c di ud t v ni n r a e a f e s r s y S u o e e r o F e n o e f Fo d n , n s M a s l ae l tf i g e o s r mc e a re s n i sh e i PFUCM lllll aaaaa ttttt ooooo TTTTT Revenues From Use of PropertyCharges for Public ServicesEducation Aid-StateMiscellaneous RevenueRecovered CostsWelfare & Social Services-CategoricalOther State Categorical AidWelfare & Social ServicesEducation Aid-FederalOther Categorical Aid Fines and ForfeituresRevenues from Use of MoneyCharges for ServicesReimb-Shared Programs SalemNon-Categorical AidShared Expenses %%%% e 1005 c 5009 n .... a 3000 i 0.00%0.00% r a V f so e c % n a i r 5003 00 44 a 69 V ,, s l 88 a 69 11 u t c A %%%% t 0009 e s 9009 .... g e 8000 d 0.00%0.00% u 21 u n B e v f e o R % 1003 00 r 31 a s 41 e ,, e 34 Y u 08 t n 89 n ,, e e 40 v r 2 e r u R C 2641 6894 6485 ,,,, t 0764 e 2453 g 6429 d ,, 447,486256,894 60 u 19 B 1 %%%% t 7004 e s 6001 .... g e 9001 d 0.00%0.00% u 21 u n B e v f e o R % 6000 00 87 r s 71 a,, e 45 e u 38 Y n 67 ,, re 40 v o i 2 e r PR 2606 0 316 342 ,,, t 174 e 289 g 635 d ,, 387,416 56 u 18 B 1 e u n e s v e e c Rr l u a o r S e d g e n i F c ns d r a n e s n a f l i s a eF t tn r o aa t e r T h ST t d ll n O aa tt a l r oo a t TTG o Other Financing Sources T Transfers %%%%% e 38896 c 08835 f ..... n o 6.10%1.99%1.34%1.04%1.57%0.00%0.00%0.00%0.00%0.00% 62106 a -7.49%-5.38%-1.15%-6.55%-2.97%-0.49% -8.34%-5.12% i -- 4 r -23.73% -13.79% - % a -107.63% V s e ))) c 0 0000 86521 n 40095 a i 35192 r ,,,,, 6,163 a 02368 (7,272)(4,272)(5,406)(3,140) s 19,28118,046 l66414 V (19,651) (23,360)(73,738) 309,349102,711 a1222 (133,425)(163,548) (258,233)(174,513) ((( u t c A %%%%% 05364 t 77438 m ..... e u 0.00%0.00%0.00%0.00% 02330 g c 29.90%30.81%29.08%15.10%33.79%35.98%32.87%30.38%30.16%29.06%29.66%36.05%38.04%32.54%50.00%29.65%30.61% 32333 d n u E B f & o p s x e % c E n a r b 0 000 15965 m 52534 u s c62148 e ,,,,, r s n c 52645 a e n E 97,468 r 01530 e a 120,510239,920372,306182,126169,500692,559393,818250,179 u 76948 d r Y t ,,,, i n2,487,6735,083,9535,173,0432,517,0371,737,031 b1,441,5282,116,1881,439,478 t 2243 d a n 1 m n e s u e r r e c p r u n x u t CE E i d & n e E p K x 0 O000 66514 E 45052 l N 45233 a A ,,,,, u 30311 t t O c19594 e R 325,980414,373603,792583,344500,358 86723 A g ,,,,, 8,073,0931,588,8181,101,7388,284,3304,859,5194,817,8231,820,5641,210,101 F7,138,3004,702,666 d 82832 d 14,128,61315,736,470 u 311 On B a Y d T e t N e U g General Fund - C100 O d u C %%%%% B 56805 t f 47625 m ..... e o u 0.00%0.00%0.00%0.00% 42335 g t c 31.44%34.92%27.62%32.46%33.18%34.10%32.96%34.83%28.26%34.06%29.95%37.49%29.38%36.51%50.00%35.24%36.07% 33333 d n n u e E B m f & e t o p a tx % SE For the Four Months Ending Wednesday, October 31, 2018 e v i t a 0 000 41937 r 43659 a s 77173 p e ,,,,, s c 04480 m r e n r 47863 o a a 104,369102,469498,153376,578187,532192,987641,556388,981250,179 u 88730 e r C t ,,,, i 2,633,9064,759,0405,098,9002,738,6971,722,983 b1,422,2472,267,0031,513,216 Y 2244 d 1 r m n o u e i r c p n Px E E & 0 00 83497 28304 18842 ,,,,, 59308 t 46563 e 331,954370,955663,488566,556500,358208,850 26913 g ,,,,, 7,542,2191,135,0317,862,4084,596,1572,183,7091,065,394 1,534,8524,748,5936,433,3734,195,666 d 82731 15,469,976 13,957,962 u 311 B n o i t a r t s i n i m d A t n e e r ma f l n r e e ys v W t k o er d f o G n a l a l SW a a r ih cc t ii e c l ll i n a bb d e e uu u General & Financial AdministrationElectoral Board & OfficialsOther Judicial SupportFire and RescueCorrection & DetentionAnimal ControlMaint Buildings & GroundsEngineeringInspectionsGarage Complex LegislativeGCourtsJLaw Enforcement & Traffic ContPGeneral Services AdministrationRefuse DisposalPMental HealthPublic HealthSocial Services AdministrationComprehensive Services ActPublic AssistanceSocial Services OrganizationsH %%%%% e 13924 c 36289 f ..... n o 0.00%4.06%0.00%2.66%8.89%3.68%0.00%0.00%0.00% 95789 a -2.05%-3.43%-8.23% i - 38.83%38.74% 131 r -10.67%-14.90% - % a V s e )) c 000 65315 n 17460 a i 53507 r (744)(882) ,,,,, a 01984 s 13,72420,09417,033 l98216 V (16,463)(13,206)(81,150) (41,400) ( 293,297444,348 a1362 (132,653) ,, ( u t33 13,173,713 c 11 A %%%%% 05855 t 84359 m ..... e u 0.00%0.00%0.00%0.00%0.00% 01474 g c 33.59%29.24%32.70%24.92%30.09%29.55%11.38%38.58%54.51%38.07%26.73% 33333 d n u E B f & o p x % E 00000 67920 26631 s 35687 e ,,,,, r s c 5,918 81050 a e n 21,705 r 42874 e a 804,319339,335160,527754,264463,294 u 05507 r Y t ,,,, i 1,244,0073,357,193 b1,146,932 t 2456 d 33,928,900 n 36 m n e u e r r c p u n x CE E & 000 04231 27884 81145 ,,,,, 98334 t 87,09752,000 45213 e 533,504850,000670,000497,486 66349 g ,,,,, 2,394,6964,255,1241,037,5732,552,2058,701,4914,290,801 d 61330 89,122,682 u 199 B 1 %%%%% 83242 t 33816 m ..... e u 0.00%0.00%0.00% 55338 g c 36.44%34.22%79.08%32.18%25.77%33.41%92.80%27.66%11.93%38.98%54.09%23.28%19.65% 33322 d n u E B f & o p x % E 000 76424 57474 s 13778 e ,,,,, s c 6,799 74371 r e n 41,40022,44981,150 r 50951 a a 831,675327,045173,732734,170446,261702,584 u 26144 e r t ,,,, i 1,384,0813,006,515 b Y 2413 d 20,755,187 25 r m n o u e i r c p n Px E E & 0 51489 61176 78922 ,,,,, 90874 t 52,35087,09787,45057,000 71939 e 520,006825,000670,000479,719 37375 g ,,,,, 4,045,2217,713,309 2,282,1941,016,2582,653,8863,574,693 d 61226 89,162,585 u 198 B 1 l a r u t t l n u e C m & p l o n a et o i v n t e e t a D us e m l rt yr O a c t t i a e s o n p r R T u e e ,f d D m ss - n k n mn r a a r oo a r LibraryCultural EnrichmentCooperative Extension ProgramEconomic DevelopmentContribution to Human Service OrganizationsDixie Caverns Landfill CleanupMiscellaneousTax Relief/Elderly & HandicappRefuse Credit VintonBoard ContingencyUnappropriated Balance Parks & RecreationPPlanning & ZoningCEmployee BenefitsNInterfund Transfers OutIntrafund Transfers OutTG ACTION NO. _______________ ITEM NO. __________________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE:November 20, 2018 AGENDAITEM:Accounts Paid-October 2018 SUBMITTED BY:Rebecca E. Owens Director of Finance APPROVED BY:Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct DepositChecksTotal Payments to Vendors$-$-$12,488,795.38 Payroll10/05/181,345,422.5942,813.751,388,236.34 Payroll10/19/181,475,404.3246,070.331,521,474.65 Manual Checks-3,702.523,702.52 Grand Total$15,402,208.89 A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. ACTION NO.___________________ ITEM NUMBER_______________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: November 20, 2018 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of 30-Sep-18 SUMMARY OF INFORMATION: CASH INVESTMENT: SUNTRUST CON4,889,669.094,889,669.09 GOVERNMENT: SCOTT STRINGFELLOW CONTRA(287,678.00) SCOTT STRINGFELLOW 44,004,617.49 WELLS FARGO10,000,000.00 WELLS FARGO CONTRA(92,800.00)53,624,139.49 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION 10,123,391.5010,123,391.50 MONEY MARKET: AMERICAN NATIONAL BANK2,034,596.95 BRANCH BANKING & TRUST96,014.24 HOMETRUST BANK11,507.67 SCOTT STRINGFELLOW - JAIL1,128,516.53 SCOTT STRINGFELLOW 15,451,388.73 WELLS FARGO2,068,036.88 BANK OF THE JAMES503,060.6521,293,121.65 TOTAL89,930,321.73 11/20/2018 ACTION NO. ITEM NO. L.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 20, 2018 AGENDA ITEM: Work session to review with the Board of Supervisors County of Roanoke Information Technology and Public Safety Communications SUBMITTED BY: Bill Hunter Director of Communications and Technology APPROVED BY: Thomas C. Gates County Administrator ISSUE: Overview of County of Roanoke Information Technology and Public Safety Communications operations and initiatives. BACKGROUND: In anticipation of further discussion during the fiscal year 2019-2020 budget development process, staff will provide the Board of Supervisors an overview of County of Roanoke Information Technology and Public Safety Communications operations. DISCUSSION: This work session will provide an overview of operations, projects, future initiatives, and areas of future investment in the County of Roanoke Information Technology and Public Safety Communications departments. A Powerpoint presentation will be provided to the Board of Supervisors at the work session. FISCAL IMPACT: There is no fiscal impact associated with the receipt of the attached presentation. Any decisions regarding Information Technology and Public Safety Communications budgets will be prioritized as part of the fiscal year 2019-2020 budget development Page 1 of 2 process. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors receive information regarding County of Roanoke Information Technology and Public Safety Communications operations and initiatives. Page 2 of 2 ACTION NO. ITEM NO. L.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 20, 2018 AGENDA ITEM: Work session to review with the Board of Supervisors the County of Roanoke's Capital Improvement Program (CIP) including fiscal year 2020 - 2029 project requests SUBMITTED BY: Christopher R. Bever Director of Management and Budget APPROVED BY: Thomas C. Gates County Administrator ISSUE: Provide the Board of Supervisors an overview of the County's Capital Improvement Program (CIP) including fiscal year 2020-2029 project requests. BACKGROUND: As part of the County's budget process, the County's ten-year Capital Improvement Program (CIP) is reviewed annually. This presentation provides an overview of the upcoming fiscal year 2020-2029 CIP budget development process, along with a review of recently completed and active capital projects. DISCUSSION: A Powerpoint presentation and additional information for discussion and review will be provided to the Board of Supervisors at the work session. The presentation will provide information on recently completed and active capital projects, fiscal year 2020-2029 project requests, vehicle and equipment replacement, CIP funding sources, and debt information. County staff will be working through mid-January to prepare the County Administrator's Proposed Fiscal Year 2020-2029 CIP for presentation to the Board of Supervisors on January 22, 2019. Additional information to be provided to the Board of Supervisors at the meeting Page 1 of 2 includes a budget and financial status of all active capital projects, and Capital Maintenance Programs (CMPs) project listings for General Services and Parks, Recreation and Tourism. FISCAL IMPACT: There is no fiscal impact associated with the receipt of the presentation. Any decisions regarding the Capital Improvement Program will be prioritized and presented as part of the County Administrator's Proposed Fiscal Year 2020-2029 CIP, with Board of Supervisors approval of the CIP scheduled for May 28, 2019. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors receive information regarding the County's Capital Improvement Program. 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, NOVEMBER 20, 2018 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. Page 1 of 1 ACTION NO. ITEM NO. O.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 20, 2018 AGENDA ITEM: The petition of Richard Atkinson and Kay Atkinson to rezone approximately 6.398 acres from R-1, Low Density Residential, District and AR, Agricultural/Residential, District to AV, Agricultural/Village Center, District and to obtain a special use permit for a construction yard, located at 4821 and 4835 Poor Mountain Road, Catawba Magisterial District SUBMITTED BY: Philip Thompson Acting Director of Planning APPROVED BY: Thomas C. Gates County Administrator ISSUE: Agenda item for public hearing and second reading of ordinances to rezone two properties and obtain a special use permit for a construction yard. BACKGROUND: · The applicants own two properties along Poor Mountain Road - 4821 and 4835. · The property at 4821 Poor Mountain Road is currently being used by the is excavation and demolition business where he works on and stores equipment for that business. · The property at 4835 Poor Mountain Road is included in the application for future business expansion. · A construction yard is not a permitted use or special use in the R-1 or AR zoning districts, but is allowed as a special use in the AV zoning district. DISCUSSION: The Planning Commission held a public hearing on this request on November 5, 2018. One citizen spoke during the public hearing. The concerns raised included screening of the existing use and the future expansion and the hauling of equipment over the narrow Page 1 of 2 bridge on Poor Mountain Road. The Planning Commission discussed the existing use, future expansion, comprehensive plan compliance, screening, building heights, hours of operation, floodplain, noise and dust. The Planning Commission recommends approval of the rezoning and the special use permit request with one condition: 1. The site shall be developed in general conformance with the Rezoning Site Plan dated June 12, 2018, and prepared by Pierson Engineering & Surveying except large evergreen trees shall be planted along the construction yard limits instead of large deciduous trees. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board approve the second reading of the ordinance rezoning approximately 6.398 acres from R-1 and AR to AV and granting a special use permit for a construction yard with one condition. Page 2 of 2 STAFF REPORT Petitioner: Richard and Kay Atkinson Request: To rezone approximately 6.396 acres from R-1, Low Density Residential, District and AR, Agricultural / Residential, District to AV, Agricultural / Village Center, District and to obtain a special use permit for a construction yard Location: 4821 and 4835 Poor Mountain Road Magisterial District: Catawba Suggested 1. The site shall be developed in general conformance with the Rezoning Site Plan Conditions: dated June 12, 2018, and prepared by Pierson Engineering & Surveying except large evergreen trees shall be planted along the construction yard limits instead of large deciduous trees. EXECUTIVE SUMMARY: The Atkinsons are requesting a rezoning from Low Density Residential District (R-1) and Agricultural/Residential District (AR) to Agricultural/Village Center (AV) and to obtain a special use permit for a construction yard on two parcels of land totaling approximately 6.396 acres. The properties are located at 4821 and 4835 Poor Mountain Road. The property at 4821 Poor Mountain Road is being used by the applicants demolition business where he works on and stores equipment for that business. The property at 4835 Poor Mountain Road was included in the application for future business expansion. The 2005 Comprehensive Plan indicates that the Future Land Use Designation of this parcel is Principal Industrial. Principal Industrial is a future land use area where a variety of industry types are encouraged to locate. A construction yard is consistent with the Principal Industrial Future Land Use Designation. 1. APPLICABLE REGULATIONS The Roanoke County Zoning Ordinance defines construction yards as stablishments housing facilities of businesses primarily engaged in construction activities, including outside storage of materials and equipment. Typical uses are building contractor's yards. A construction yard is not a permitted use or special use in the R-1, Low Density Residential, District or AR, Agricultural/Residential, District. A construction yard is allowed as a special use in the AV, Agricultural/Village Center, District. The use regulations for the R-1, AR, and AV zoning districts are attached. Article IV of the Roanoke County Zoning Ordinance also contains use and design standards for a construction yard (attached). 2. ANALYSIS OF EXISTING CONDITIONS Background The Atkinson purchased the property at 4821 Poor Mountain Road in 1996. That property includes an existing residential dwelling approximately 1,400 square feet in size, an existing detached garage approximately 1,200 square feet in size, and a 4,800 square-foot maintenance building. The applicants constructed the large maintenance building at the rear of the property to have storage for equipment they owned. While the structure was properly permitted, the use of the building has evolved over the years and is also used as the location for their sons excavation and demolition business where he 1 works and stores equipment he uses in that business. Once the applicants were notified that this usage was in violation of the Countys Zoning Ordinance, they filed an application to rezone the property to AV and obtain a special use permit for a construction yard. They purchased the property at 4835 Poor Mountain Road in 2011. That property includes an existing 900 square foot dwelling with an existing 500 square foot detached garage. In 2013, the property at 4835 Poor Mountain Road was rezoned from R-1 to AR for the purpose of an agriculture use. The applicants have included this parcel in the rezoning application for the possibility of future expansion. Topography/Vegetation The properties are flat with little vegetation. They slope gently toward the Roanoke River across Poor Mountain Road. Some floodway and floodplain (1% change flood 100 year floodplain) exist along the front portions of the properties. Additional floodplain (0.2% change flood 500 year floodplain) covers significant portions of the properties. Surrounding Neighborhood The properties are adjoined to the north by residential properties zoned R-1. To the west, across the railroad tracks are properties located in Valley Tech Park that are zoned I-2. Valley Proteins is located to the south and is zoned I-2. The properties are bounded to the east by Poor Mountain Road, small R-1 lots along the Roanoke River, and I-2 vacant land across the Roanoke River. The area is generally rural in character. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout According to the concept plan submitted with the application, the proposed construction yard use would be located on the rear of the properties (approximately 160+ feet from Poor Mountain Road). A portion (approximately 180 feet) of the existing gravel driveway would be paved. The existing maintenance building (4,800 square feet) would be used in addition to the existing gravel areas and grassed areas where equipment, vehicles and materials are currently stored on the property at 4821 Poor Mountain Road. The adjoining parcel located at 4835 has been included in the petition to allow additional expansion on the rear portion of this property. Three proposed/future buildings are shown similar to the existing maintenance building at 4821 Poor Mountain Road. The exact size and configuration would be determined by the applicants and would require review by the County prior to construction. A row of large deciduous trees is shown along the construction yard limits. Agency Comments: Building Safety: If the garage is going to be used for commercial purposes, then a building code change of use will be required. VDOT: VDOT has stated that a land use permit will be required if a new entrance is needed. A low volume commercial entrance permit appears to be required for this development based on the use. Access management requirements will not apply unless the use exceeds 50 vehicles per day. Economic Development: Economic Development offered no objections to the petition. 4.CONFORMANCE WITH ROANOKE COUNTY COMPREHENSIVE PLAN The 2005 Comprehensive Plan indicates that the Future Land Use Designation of this parcel is Principal Industrial. Principal Industrial is a future land use area where a variety of industry types are encouraged to locate. Principal Industrial areas are existing and planned regional employment centers and are distributed 2 throughout the county, convenient to major residential areas and suitable highway access. Due to limited availability, areas designated as Principal Industrial are not appropriate for tax-exempt facilities. Appropriate land uses include agriculture, small industries and custom manufacturing, mining and extraction, freestanding industrial uses including storage yards, and industrial parks. A construction yard is an industrial use type that is consistent with the Principal Industrial Future Land Use Designation of the Comprehensive Plan. 5.STAFF CONCLUSIONS The Atkinsons are requesting a rezoning from Low Density Residential District (R-1) and Agricultural/Residential District (AR) to Agricultural/Village Center (AV) and to obtain a special use permit for a construction yard on two parcels of land totaling approximately 6.396 acres located on Poor Mountain Road. The property at 4821 Poor Mountain Road is being used by the applicants and demolition business where he works on and stores equipment for that business. The property at 4835 Poor Mountain Road was included in the application for future business expansion. The proposed project is in conformance with the goals and objectives of the Principal Industrial Future Land Use Designation. Some of the neighboring properties have industrial zoning and uses in place. Staff has suggested a condition regarding general conformance with the concept plan. The use and design standards for a construction yard in the AV District suggests that the Board consider possible standards for screening, maximum height, setbacks, measures to control dust, noise, and hours of operation. CASE NUMBER: 9-10/2018 PREPARED BY: Philip Thompson HEARING DATES: PC: 11/5/18 BOS: 11/20/18 ATTACHMENTS: Application Materials Aerial Photograph Zoning Map Future Land Use Map R-1 Zoning District Regulations AR Zoning District Regulations AV Zoning District Regulations Construction Yard Use & Design Standards Principal Industrial Future Land Use Public Comments Received 3 Application for Re-Zoning Properties: 4821 Poor Mountain Rd, Salem, VA 24153 Tax Map No. 064.02-01-55.00-0000 Zoning: R-1, Low Density Residential District Overlay District: Floodplain; Roanoke River Conservation; Glenvar Community Plan Water & Sewer: Western Virginia Water Authority 4835 Poor Mountain Rd, Salem, VA 24153 Tax Map No. 064.02-01-56.00-0000 Zoning: AR (Agricultural/Residential) Overlay District: Floodplain; Roanoke River Conservation; Glenvar Community Plan Water & Sewer: Western Virginia Water Authority Justification for Rezoning 1. Please explain how the request furthers the purposes of the Roanoke County Ordinances as well as the purpose found at the beginning of the applicable district classification in the Zoning Ordinance: Applicants constructed a large garage/warehouse structure at the rear of 4821 Poor Mountain Road to have storage for equipment they owned. While the structure was properly permitted, the use for the building has evolved over the years and is also used as t stores equipment he uses in that business. Once notified that this usage was in violation of the County zoning ordinance, they elected to file this rezoning application to AV, Agricultural Village, with a Special Use Permit for the rear portions of 4821 and 4835 Poor Mountain Road as a construction yard. Applicants have included their adjoining parcel located at 4835 Poor Mountain Road in this application with a request to have it also rezoned to AV with a Special Use Permit because they hope to build as many as three additional buildings similar to the one on 4821 Poor Mountain Road in the future. No specific size, use or configuration has been decided on and this would be dependent on review and approval by the County of their application to build when more specific information is available. Pursuant to Sec. 30-3(A)(7), this request furthers the zoning purpose of encouraging desirable employment and enlarge the tax 2. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan: which balances the needs of future industrial and commercial development with residential Since the properties are located in a future designated Principal Industrial area, according to Chapter 6 of the County Plan, industrial and small industries and custom manufacturing are considered conforming for the area in its future land use. Specifically, this rezoning request fits several of the so- EXISTING LAND USE PATTERN Locations where industry has historically developed; 1 EXISTING ZONING Locations zoned industrial; ECONOMIC OPPORTUNITY AREAS Locations identified by 2 Roanoke County as an economic opportunity area EMPLOYMENT CENTERS Locations where labor-intensive industries exist. TRANSPORTATION CENTERS Locations within close proximity to rail, airport and major street systems. 1 In the Glenvar Community Plan, the properties are zoned for future industrial use. Both properties are still zoned as R-1 and AR, respectively. 2 {ĻĻ Economic Opportunity Area Map West County. plan specifically dedicated to the Glenvar Area, the properties are enveloped in the future industrial uses and regional employment centers and includes the Center for Research and Technology, Valley Tech Park -based businesses and low intensity industrial uses are most appropriate for the Principal Industrial designation in the Since the properties are located near the Roanoke River, they are considered under the jurisdiction of the floodplain district and its appropriate uses include: 3 low intensity industrial uses and custom manufacturing Specifically pertaining to Poor Mountain Road, where the properties are situated, it is stated -sensitive, small manufacturing and low intensity By complying with the above referenced languages in the community plans, the requested rezoning to an agricultural/village center should be deemed conforming and appropriate for a construction yard. 3. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue: Transportation: according to the Glenvar Plan, a 6-year Primary Improvement project was being undertaken on the 2.1-mile segment of the West Main Street (Route 11/460) from the City of Salem limits to 1/10 of a mile west of Technology Drive. Being within such close proximity to Route 11/460, the properties enjoy the benefits of the proposed improvements upon completion of this project in 2013. Given the low intensity of the type of industrial operation this request is proposing, it is expected that little to no extra burden 3 shall be added to the existing transportation ecosystem. Applicant has no employees and generally travels to and from the site at the beginning and end of the work day. Floodplain Overlay Restriction: pursuant to the Roanoke County Ordinances, Sec. 30-28, an overlay district prescribes special regulations to be applied to a site of combination with the underlying or base district. According to the Glenvar Plan, in a Floodplain Overlay use, activity and/or development that adversely affects the capacity of the channels or floodways or any watercourse, drainage ditch or other drainage facility or system would be prohibited. Additionally, the lowest floor elevation and any new residential structure must be at least two feet above the base flood elevation. Given the nature of the operations, establishing a construction yard on the properties would have minimal impact on the above stated concerns in an FO District. Adjacent Properties: since the larger area is projected to be classified as a Principal Industrial area, when under compliance with statutorily prescribed dust and noise levels, regular operations of the construction yard would not be adversely affecting its immediate neighborhood. R-1 District Regulations SEC. 30-41. R-1 LOW DENSITY RESIDENTIAL DISTRICT. Sec. 30-41-1. Purpose. (A) The R-1, low density residential district is established for areas of the county within the urban service area with existing low-middle density residential development, with an average density of from one (1) to three (3) units per acre, and land which appears appropriate for such development. These areas are generally consistent with the neighborhood conservation land use category as recommended in the comprehensive plan. In addition, where surrounding development and the level of public services warrant, these areas coincide with the development category recommended in the plan. This district is intended to provide the highest degree of protection from potentially incompatible uses and residential development of a significantly different density, size, or scale, in order to maintain the health, safety, appearance and overall quality of life of existing and future neighborhoods. In addition to single-family residences, only uses of a community nature which are generally deemed compatible are permitted in this district. This would include parks and playgrounds, schools and other similar neighborhood activities. (Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-41-2. Permitted uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Stable, Private * 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Manufactured Home * Manufactured Home, Emergency * Multiple Dog Permit * 1 R-1 District Regulations Residential Human Care Facility Single Family Dwelling, Attached * Single Family Dwelling, Attached (Cluster Subdivision Option) * Single Family Dwelling, Detached Single Family Dwelling, Detached (Cluster Subdivision Option) * Single Family Dwelling, Detached (Zero Lot Line Option) * 3. Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Utility Services, Minor 4. Commercial Uses Bed and Breakfast * 5. Miscellaneous Uses Amateur Radio Tower * Wind Energy System, Small * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Residential Uses Alternative Discharging Sewage System * 2. Civic Uses Cemetery * 2 R-1 District Regulations Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Religious Assembly * Utility Services, Major * 3. Commercial Uses Golf Course * 4. Miscellaneous Uses Outdoor Gatherings * (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, §§ 3, 8, 6-22-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042500-9, § II, 4-25-00; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5-24-11, Ord. No. 111213-15, § 1, 11-12-13) Sec. 30-41-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. All lots served by private well and sewage disposal systems: a. Area: 0.75 acre (32,670 square feet). b. Frontage: 90 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 20,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. 3. All lots served by both public sewer and water: a. Area: 7,200 square feet. 3 R-1 District Regulations b. Frontage: 60 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 10 feet. b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. Principal structures: 45 feet. b. Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures. (D) Maximum coverage. 1. Building coverage: 35 percent of the total lot area for all buildings and 7 percent for accessory buildings. 2. Lot coverage: 50 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 42694-12, § 8, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08, Ord. No. 111213-15, § 1, 11-12-13) 4 AR District Regulations SEC. 30-34. AR AGRICULTURAL/RESIDENTIAL DISTRICT. Sec. 30-34-1. Purpose. (A) These areas are generally characterized by very low density residential and institutional uses mixed with smaller parcels that have historically contained agricultural uses, forest land and open space outside the urban service area. These areas provide an opportunity for rural living in convenient proximity to urban services and employment. Agricultural uses should be encouraged to be maintained. Over time, however, these areas are expected to become increasingly residential in character, with residential development becoming the dominant use over agricultural and more rural type uses. The purpose of this district, consistent with the Rural Village land use category in the comprehensive plan, is to maintain these areas essentially in their rural state, consistent with the level of services anticipated by the county. These areas are generally suitable for low density residential development and other compatible land uses. (Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4- 22-08) Sec. 30-34-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture * Forestry Operations * Stable, Commercial * Stable, Private * Wayside Stand * 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type II * 1 AR District Regulations Manufactured Home * Manufactured Home, Emergency * Multiple Dog Permit * Residential Human Care Facility Single Family Dwelling, Detached Single Family Dwelling, Detached (Zero Lot Line Option) * 3. Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Religious Assembly * Utility Services, Minor 4. Commercial Uses Bed and Breakfast * Veterinary Hospital/Clinic 5. Miscellaneous Uses Amateur Radio Tower * Wind Energy System, Small * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Residential Uses Alternative Discharging Sewage Systems * 2 AR District Regulations 2. Civic Uses Camps * Cemetery * Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Safety Services * Utility Services, Major * 3. Commercial Uses Antique Shops * Golf Course * Kennel, Commercial * Studio, Fine Arts 4. Industrial Uses Custom Manufacturing * Resource Extraction * 5. Miscellaneous Uses Broadcasting Tower * Outdoor Gatherings * (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 42694-12, § 7, 4- 26-94; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811- 1, § 1, 3-8-11, Ord. No. 111213-15, § 1, 11-12-13, Ord. No. 062816-4, § 1, 6-28-16) Sec. 30-34-3. Site Development Regulations. 3 AR District Regulations General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements 1. Lots served by private well and sewage disposal system: a. Area: 1 acre (43,560 square feet) b. Frontage: 110 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 30,000 square feet b. Frontage: 100 feet on a publicly owned and maintained street. 3. Lots served by both public sewer and water: a. Area: 25,000 square feet b. Frontage: 90 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 15 feet b. Accessory structures: 15 feet behind front building line or 10 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet b. Accessory structures: 10 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. 4 AR District Regulations 5. Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 20 feet from any side property line. (C) Maximum height of structures. 1. All structures: 45 feet (D) Maximum coverage. 1. Building coverage: 25 percent of the total lot area. 2. Lot coverage: 50 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93, Ord. No. 111213-15, § 1, 11-12-13) 5 AV District Regulations SEC. 30-36. AV AGRICULTURAL/VILLAGE CENTER DISTRICT. Sec. 30-36-1. Purpose. (A) The purpose of the AV, agricultural/village center district is to establish areas which will serve as the focal point for cultural and commercial activity of the rural service areas of the county, as envisioned in the comprehensive plan land use category of the same name. The density recommended for these areas is intended to average between one (1) and three (3) units per acre. Small country stores, family restaurants, and similar small service and personal service businesses, in addition to public and institutional buildings such as schools, post offices and places of religious assembly, are commonly found at these crossroad locations. These areas bring a sense of community to the surrounding rural areas, with an emphasis on providing the essential goods and services to rural residents, but are not intended as employment destinations for urban residents. New development should therefore be carefully considered for its compatibility with the surrounding development and the purpose and intent of this district. Any expansion of these areas should be contiguous to existing village center areas to avoid leap-frog commercial development. Similarly additional development may warrant additional public services, such as community sewer and water systems. (Ord. No. 042799-11, §§ 1f., 2, 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-36-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture * Stable, Private * Wayside Stand * 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type II * Manufactured Home * 1 AV District Regulations Manufactured Home, Emergency * Multiple Dog Permit * Residential Human Care Facility Single-Family Dwelling, Attached * Single-Family Dwelling, Detached Two-Family Dwelling * 3. Civic Uses Administrative Services Clubs * Community Recreation * Cultural Services Day Care Center * Educational Facilities, Primary/Secondary * Family Day Care Home * Park and Ride Facility * Post Office Public Parks and Recreational Areas * Religious Assembly * Safety Services * Utility Services, Minor 4. Office Uses Financial Institutions * General Office * 2 AV District Regulations Medical Office * 5. Commercial Uses Agricultural Services * Antique Shops * Bed and Breakfast * Consumer Repair Services Personal Improvement Services Personal Services Restaurant, General * Studio, Fine Arts Veterinary Hospital/Clinic 6. Miscellaneous Uses Amateur Radio Tower * Wind Energy System, Small* (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Stable, Commercial * 2. Residential Uses Alternative Discharging Sewage Systems * Multi-family Dwelling * Townhouse * 3. Civic Uses 3 AV District Regulations Adult Care Residences Cemetery * Crisis Center Halfway House Life Care Facility Nursing Home Utility Services, Major * 4. Commercial Uses Automobile Repair Services, Minor * Automobile Parts/Supply, Retail * Bed and Breakfast Inn * Boarding House Business Support Services Commercial Outdoor Sports and Recreation Construction Sales and Services * Convenience Store * Country Inn * Equipment Sales and Rental * Fuel Center* Funeral Services Garden Center * Gasoline Station * Kennel, Commercial * 4 AV District Regulations Mini-warehouse * Restaurant, Drive-in or Fast Food * Retail Sales * Special Events Facility * 5. Industrial Uses Construction Yards * Custom Manufacturing * Recycling Centers and Stations * 6. Miscellaneous Uses Outdoor Gatherings * (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4- 22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5-24-11, Ord. No. 111213-15, § 1, 11-12-13, Ord. No. 062816-4, § 1, 6-28-16) Sec. 30-36-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 25,000 square feet b. Frontage: 85 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 20,000 square feet b. Frontage: 75 feet on a publicly owned and maintained street. 3. Lots served by both public sewer and water: 5 AV District Regulations a. Area: 15,000 square feet b. Frontage: 60 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 10 feet b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet b. Accessory structures: 3 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. All structures: 45 feet (D) Maximum coverage. 1. Building coverage: 35 percent of the total lot area. 2. Lot coverage: 75 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93, Ord. No. 111213-15, § 1, 11-12-13) 6 Use & Design Standards Industrial Uses Sec. 30-86-2. Construction Yards. (A) In the I-2 district, all materials stored on the premises overnight shall be placed in a storage yard. The storage yard shall be fully screened from surrounding views in accordance with Section 30-92, and shall be set back at least one hundred (100) feet from any adjoining residential district. (B) In the AV district, the following standards shall apply: 1. The maintenance and repair of all vehicles and equipment shall be conducted within an enclosed building. 2. In considering a special use permit request for a construction yard, in addition to the above standards and the general standards contained in Section 30-19 of this ordinance, the board may consider and set standards for the following: a. The provisions for screening of any vehicles, equipment, materials and storage yard, and screening and buffering, in accordance with Section 30- 91, of the entire construction yard. b. The maximum height of any structure and any additional setback requirements necessary to compensate for any increased height. c. Specific measures to control dust on the site. d. Specific levels of noise permitted on the site, as measured at adjacent property lines. e. Limit the hours of operation. 1 Principal Industrial: A future land use area where a variety of industry types are encouraged to locate. Principal Industrial areas are existing and planned regional employment centers and are distributed throughout the county, convenient to major residential areas and suitable highway access. Due to limited availability, areas designated as Principal Industrial are not appropriate for tax-exempt facilities. Land Use Types: Agricultural - Industries which involve the manufacturing, storage, marketing and wholesaling of agricultural products. These industries may also be located outside of the Principal Industrial areas, within the rural designations, where agricultural skills may be found. Small Industries and Custom Manufacturing - These industries typically serve a local market and may involve the on-site production of goods by hand manufacturing. Mining and Extraction - These facilities locate according to the availability of natural resources. Industrial - Conventional freestanding industrial uses, warehouses, wholesalers, storage yards. Industrial Parks - Large tracts of land that are subdivided, developed and designed according to a unified plan. These parks are employment centers and may include mixed land uses including supporting retail services. These types of industries are encouraged to develop in Principal Industrial areas. Planned industrial parks should incorporate greenways, bike and pedestrian paths into their designs and link these features to surrounding neighborhoods where appropriate. Land Use Determinants: EXISTING LAND USE PATTERN - Locations where industry has historically developed. EXISTING ZONING - Locations zoned industrial. ECONOMIC OPPORTUNITY AREAS - Locations identified by Roanoke County as an economic opportunity area. EMPLOYMENT CENTERS - Locations where labor- intensive industries exist. TOPOGRAPHY - Locations that can be developed in an environmentally sensitive manner and that are outside of the designated floodplain. RESOURCE PROTECTION - Locations that can be developed in such a way as not to threaten valuable natural resources. WATER AND SEWER SERVICE AND SUPPLY - Locations where water and sewer service exist or can be provided in the near future. ACCESS - Locations served by an adequate public street system that does not direct traffic through existing residential neighborhoods. TRANSPORTATION CENTERS - Locations within close proximity to rail, airport and major street systems. URBAN SECTOR - Locations served by, or in close proximity to urban services. Philip Thompson - Re: \[EXTERNAL\] - Proposed rezoning on Poor Mountain Road From:Brian Hughes To:Susan Kirby Date:11/1/2018 4:11 PM Subject:Re: \[EXTERNAL\] - Proposed rezoning on Poor Mountain Road Cc:Philip Thompson Good Afternoon, If approved by the Board of Supervisors, the land use request would allow the parcel owners to properly operate a Construction Yard zoning use on the property.Obtaining the sought land use decision on this parcel, while allowing a legal Construction yard, would require the property owners meet Use and Design standards, one of whichdictates the applicants screenconstruction related materials from other properties.As of now, the public hearing isstill scheduled for the dateyou mention. Please let us know if you have other questions. Brian Hughes Planner I Roanoke County Community Development 540-772-2140 >>> "Kirby, Susan" <skirby@RADFORD.EDU> 10/31/2018 4:12 PM >>> Mr. Hughes, Because my husband and I reside at 5200 Poor Mountain Road, we have some questions about the request for rezoning in the 4000 block of Poor Mountain Road. First, does the business currently located near the railroad tracks (with its derelict construction equipment and weedy, overgrown "berm" of soil) fit within the current zoning of that property? It has been unsightly from the beginning, and there has been no attempt to improve its appearance. There appears to be no ongoing work being done there. It seems to be simply a place to park rusty, unlicensed equipment. We have never seen anyone working there nor any vehicles driving in or out. Quite simply, the property appears to be a junkyard. Secondly, what is the purpose of the rezoning request? Is it being done to expand the current business's area and to allow for more junked vehicles and equipment to be left there? If so, is the business making the request being held to the zoning and screening requirements that I would assume a junkyard must meet? We would appreciate your clarifications in answering our questions before the November 5th meeting. We do plan to attend the meeting. Thank you. Susan and Joe Kirby 5200 Poor Mountain Road Salem, VA 24153 540-380-2660 ********************************************************************** * WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. * AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 20, 2018 ORDINANCE REZONING APPROXIMATELY 6.398 ACRES FROM R-1 (LOW DENSITY RESIDENTIAL) DISTRICT AND AR (AGRICULTURAL/ RESIDENTIAL) DISTRICT TO AN AV (AGRICULTURAL VILLAGE) DISTRICT; AND TO OBTAIN A SPECIAL USE PERMIT FOR A CONSTRUCTION YARD; LOCATED AT 4821 POOR MOUNTAIN ROAD (TAX MAP NO. 064.02-01-56.00-0000), 4835 POOR MOUNTAIN ROAD (TAX MAP NO. 064.02-01-55.00-0000), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Richard and Kay Atkinson, have petitioned to: 1) Rezone an approximately 2.33 acre parcel from R1 (low density residential) district to AV (agricultural/ village center) district, located at 4821 Poor Mountain Road (Tax Map No. 064.02-01-56.00-0000); and 2) Rezone an approximately 4.068 acre parcel from AR (agricultural/ residential) district to AV (agricultural/ village center) district, located at 4835 Poor Mountain Road (Tax Map No. 064.02-01-55.00-0000); and 3) Obtain a special use permit for the operation of a construction yard located at 4821 and 4835 Poor Mountain Road; and WHEREAS, the first reading of this ordinance was held on October 23, 2018, and the second reading and public hearing were held on November 20, 2018; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 5, 2018; and WHEREAS, the Planning Commission recommends approval of the petition; and WHEREAS, legal notice and advertisement has been provided as required by law. Page 1 of 3 NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The petition of Richard and Kay Atkinson to A) rezone an approximately 2.33 acre parcel from R1 (low density residential) district to AV (agricultural/ village center) district, located at 4821 Poor Mountain Road (Tax Map No. 064.02-01-56.00- 0000); and B) rezone an approximately 4.068 acre parcel from AR (agricultural/ residential) district to AV (agricultural/ village center) district, located at 4835 Poor Mountain Road (Tax Map No. 064.02-01-55.00-0000) is hereby approved. 2. The Board finds that the proposed rezoning is consistent with the purpose and and good zoning practice, and will not be a substantial detriment to the community. 3. The petition of Richard and Kay Atkinson to obtain a special use permit for the operation of a construction yard located at 4821 and 4835 Poor Mountain Road; is here by approved with the following condition: a. The site shall be developed in general conformance with the Rezoning Site Plan dated June 12, 2018, and prepared by Pierson Engineering & Surveying except large evergreen trees shall be planted along the construction yard limits instead of large deciduous trees. 4. The Board further finds that the granting of the special use permit meets with the requirements of Section 30-19-1 of the Roanoke County Code. The proposed use conforms with the standards set forth in article IV, use and design standards, and further conforms with the following general standards: Page 2 of 3 a. The proposed use is in conformance with the comprehensive plan of the County, and with official County policies adopted in relation thereto, including the stated purposes of the zoning ordinance. b. The proposed use will have a minimum adverse impact on the surrounding neighborhood and community; the Planning Commission has evaluated adverse use with consideration to items such as, but not limited to, traffic congestion, noise, lights, dust, drainage, water quality, odor, fumes and vibrations. c. In considering impacts, the Planning Commission has given due regard to the timing of the operation, site design, access, screening, and other matters which might be regulated to mitigate adverse impact. 5. This ordinance shall be in full force and effect thirty (30) days after its final passage. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 3 of 3 ACTION NO. ITEM NO. O.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 20, 2018 AGENDA ITEM: The petition of Horace Obenchain to rezone approximately 82.05 acres from R-1, Low Density Residential, District to AG-3, Agricultural/Rural Preserve, District, located at 4191, 4185, and 4165 Barley Drive, Catawba Magisterial District SUBMITTED BY: Philip Thompson Acting Director of Planning APPROVED BY: Thomas C. Gates County Administrator ISSUE: Agenda item for public hearing and second reading of ordinances to rezone three properties from residential to agricultural. BACKGROUND: · Applicant is seeking to rezone his property for agricultural purposes. · Agriculture is not a permitted use in the R-1, Low Density Residential District, but is a permitted use in the AG-3, Agricultural/Rural Preserve District. · Prior to the Comprehensive Rezoning in 1992, these properties were zoned for agriculture use. DISCUSSION: The Planning Commission held a public hearing on this request on October 2, 2018. Eight citizens spoke during the public hearing regarding their concerns on these properties. Their concerns included subdivision covenants restricting agricultural use, illegal grading, stormwater and erosion and sediment control issues, impact that dump trucks and equipment are having on the existing private roads, dust, noise, and safety. The Planning Commission discussed the use of the property, the existing land disturbing violation, road maintenance agreement, permitted uses, condition of the road, Page 1 of 2 noise ordinance, the comprehensive rezoning in 1992, the property being used as a borrow site for the Blue Ridge Beverage expansion, and Erosion and Sediment Control plans. The Planning Commission wanted additional information regarding the covenants, road maintenance, and the status of Erosion and Sediment Control plans. The Planning Commission postponed action on this item until its meeting on November 5, 2018. At the November 5, 2018, meeting, staff updated the Planning Commission on the following: · Part of the Obenchain property (4165 Barley Drive) was used as a borrow pit for the nearby Blue Ridge Beverage Warehouse Expansion. This project was reviewed, permitted, and inspected by Roanoke County Department of Community Development. · Regarding the land disturbing violation/stop work order, Mr. Obenchain has procured an engineer who has developed a preliminary plan, met with County staff, and was finalizing the necessary Erosion and Sediment Control Plans. · The original covenants recorded in 1983 contain a road maintenance agreement that is a shared responsibility of the homeowners. The supplemental covenants recorded in 1993 which only allows residential use on the properties only applies supplemental covenants. The Planning Commission recommends approval to rezone approximately 82.05 acres from R-1, Low Density Residential District, to AG-3, Agricultural/Rural Preserve District. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board approve the second reading of the ordinance rezoning three properties from R-1 to AG-3. Page 2 of 2 ROANOKE COUNTY COMMUNITY DEVELOPMENT 5204 Bernard Drive, Second Floor, P.O. Box 29800 Roanoke, Virginia 24018-0798 TEL: (540) 772-2080 Tarek Moneir, BUILDING PERMITS/INSPECTIONS FAX: (540) 776-7155 ACTING DIRECTOR OF DEVELOPMENT SERVICES DEVELOPMENT REVIEW ENGINEERING Philip Thompson, ENVIRONMENTAL MANAGEMENT ACTING DIRECTOR OF PLANNING PLANNING & ZONING TRANSPORTATION aĻƒƚƩğƓķǒƒ TO: Planning Commission FROM: Philip Thompson, AICP Acting Director of Planning DATE: November 1, 2018 SUBJECT: IƚƩğĭĻ hĬĻƓĭŷğźƓ nd At its October 2 meeting, the Planning Commission postponed action on the rezoning th application of Horace Obenchain until its November 5 meeting. Please find the following information attached to this memorandum: Memorandum from Tara Pattisall providing information on issues raised during the nd October 2 Public Hearing nd Letters handed out a the October 2 Public Hearing and letters received after the nd October 2 Public Hearing nd Staff Report with Attachments from the October 2 Planning Commission Public Hearing If you have any questions, please contact me by phone at (540) 772-2029 or by email at pthompson@roanokecountyva.gov. PGT:pt Attachments County of Roanoke COMMUNITY DEVELOPMENT 5204 Bernard Drive, Second Floor, P.O. Box 29800 Roanoke, Virginia 24018-0798 TEL: (540) 772-2080 BUILDING PERMITS / INSPECTIONS Tarek Moneir DEVELOPMENT SERVICES FAX: (540) 776-7155 ACTING DIRECTOR OF DEVELOPMENT SERVICES ENGINEERING PLANNING & ZONING Philip Thompson STORMWATER MANAGEMENT ACTING DIRECTOR OF PLANNING TRANSPORTATION aĻƒƚƩğƓķǒƒ TO: Planning Commission THRU: Philip Thompson, AICP Acting Director of Planning FROM: Tara Pattisall Planner II DATE: November 1, 2018 SUBJECT: IƚƩğĭĻ hĬĻƓĭŷğźƓ wĻǩƚƓźƓŭΏ/ƚƓƷźƓǒĻķ ŅƩƚƒ hĭƷƚĬĻƩ ЋͲ ЋЉЊБ Horace Obenchain is requesting to rezone three parcels (4165, 4185, and 4191 Barley Drive) totalling approximately 82.05 acres from R-1, Low Intensity Residential District to AG-3, Agricultural/Rural Preserve District for the purpose of having livestock/agriculture. 4165 Barley Drive has recently been used as part of a borrow pit operation for the nearby Blue Ridge Beverage Warehouse Expansion project. This project was reviewed, properly permitted, and inspected through the Roanoke County Department of Community Development. This project is still currently active although this portion of the project has been completed. on July 24, 2018, regarding unpermitted grading work occurring on the site. At the time of the Planning Commission public hearing, the Obenchains were under threat of penalty to comply by submitting plans and getting permits to perform this Erosion & Sediment Control work by October 9, 2018. As of today, the Obenchains have procured an engineer who has developed a preliminary plan, has met with Community Development staff, and is finalizing the necessary Erosion and Sediment Plans. The deadline for submitting these plans have been extended until the first full week of November. Seven citizens spoke at the public hearing regarding various concerns they have had with large maintained through a private agreement among the homeowners. One neighbor produced the Memo to: Planning Commission Page 2 November 1, 2018 questions of shared road maintenance and whether or not agriculture is prohibited on 4165 and 4185 Barley Drive. County Attorney staff has concluded that this document does not prohibit agriculture on the two subject parcels and that the private road maintenance is a shared responsibility of the homeowners. Attached are two maps and the covenants for West Salem Forest. Attachments COMMUNITY DEVELOPMENT 5204 Bernard Drive, Second Floor, P.O. Box 29800 Roanoke, Virginia 24018-0798 TEL: (540) 772-2080 FAX: (540) 776-7155 \[ĻƷƷĻƩƭ IğƓķĻķ hǒƷ ğƷ Ɠķ hĭƷƚĬĻƩ Ћ tƌğƓƓźƓŭ /ƚƒƒźƭƭźƚƓ aĻĻƷźƓŭ Page 1of 1 Tara Pattisall - \[EXTERNAL\] - Horace Obenchain meeting From:Andrea Fillbrunn <fillpipp11@gmail.com> To:Tara Pattisall <tpattisall@roanokecountyva.gov> Date:10/1/2018 12:15 PM Subject:\[EXTERNAL\] - Horace Obenchain meeting I would like to introduce myself ANDREA FILLBRUNN and my husband GEORGE FILLBRUNN .we live at 4125 BARLEY DR. Salem Va 24153, we are neighbors of Nancy Ward .... We wanted to state some of our concerns with this matter ....we moved here 5 yes ago and just loved the location of our home , it is set back into a beautiful setting .IT WAS VERY QUIET & PEACEFUL until H OBENCHAIN started running his dump trucks back and fourth on our private road .At first it wasn't to bad and we thought it was a temporary thing . ,then he apparently was contracted to sell dirt to a Beer Distributer which is located down the road from us . Then it was 6 to 7 trucks running all day from 6:30 am to late pm hours .This is not a road where two cars can't pass each other without one pulling over , now you have two large dump trucks trying to pass each other at highspeeds . There are small children playing outside and everyone owns pets . I personally could no longer walk my dog or take a walk myself because of the dirt , dust , & pot holes the trucks caused ,also all the erosion this has caused on our private road & the state road .He repairs nothing ..I haven't been able to enjoy Sitting on front porch all summer because of the noise ,dirt & dust . because of the noise of the trucks going back & fourth it caused my dogs to bark in which is annoying to us & I'm sure to my neighbors.In conclusion Mr.O had ruined it for all That live here , he has no re guard for anyone but himself. If the zoning gets passed in his favor it will be a total disaster . This road was not made for commercial use , he will never run out of dirt to sell so it will go on forever . We don't think its fair for him to ruin it for us & my neighbors . thank you so much for ur Time and we will be at the meeting .Have a wonderful day . WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file:///C:/Users/tpattisall/AppData/Local/Temp/XPgrpwise/5BB20FCBPO2_DOMAINM-...10/1/2018 Page 1of 1 Tara Pattisall - Concerns From:Brian Hughes<BHUGHES@roanokecountyva.gov> To:fillpipp11@gmail.com<fillpipp11@gmail.com> Date:8/13/2018 7:57 AM Subject:Concerns Good Morning, Our Department will evaluate thepresence of construction equipment on the parcel.Roanoke County, however, has nojurisdiction to address damage to private roads. Thank you. Brian Hughes Planner I Roanoke County Community Development 540-772-2140 file:///C:/Users/tpattisall/AppData/Local/Temp/XPgrpwise/47e14731122c2be791665f4/G...10/2/2018 Page 1of 1 Tara Pattisall - Re: \[EXTERNAL\] - Re: Concern From:Brian Hughes<BHUGHES@roanokecountyva.gov> To:fillpipp11@gmail.com<fillpipp11@gmail.com> Date:8/20/2018 12:35 PM Subject:Re: \[EXTERNAL\] - Re: Concern Zoning does not apply to public streets, only land parcels of record. >>> fillpipp11 <fillpipp11@gmail.com> 8/20/2018 10:29 AM >>> Thank you for responding . , but I would like to know if this street is Zoned for Commercial use. Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Brian Hughes <BHUGHES@roanokecountyva.gov> Date: 8/20/18 9:25 AM (GMT-05:00) To: fillpipp11@gmail.com Subject: Concern Good Morning, We are working to resolveany parking of unused construction equipment. However, Roanoke County ordinance can not prevent use of the road by these vehicles. Thank you. Brian Hughes Planner I Roanoke County Community Development 540-772-2140 WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file:///C:/Users/tpattisall/AppData/Local/Temp/XPgrpwise/3b3c18f9587c68526a2a56c/G...10/2/2018 Page 1of 2 Tara Pattisall - \[EXTERNAL\] - Horace Obenchain Zoning change request From:Nancy Ward <nancyaward@hotmail.com> To:"tpattisall@roanokecountyva.gov" <tpattisall@roanokecountyva.gov> Date:9/30/2018 5:31 PM Subject:\[EXTERNAL\] - Horace Obenchain Zoning change request To Whom it May Concern, I wish for my concerns to be known. I have emailed Roanoke County with concerns about the dump truck issues and I have spoken with Tara Pattisall, who was very informative and instrumental in furthering my understanding of this re-zoning request. I have looked online to find out what the re-zoning could mean for our area and I am dismayed at what this could include for our neighborhood, if Mr. Obenchain is successful. I believe this neighborhood has already suffered a great deal with what Mr. Obenchain and his daily, or almost daily, activities have entailed regarding the reckless behavior of drivers, the noise and the pollution/destruction of his moving of dirt in large dump trucks has done. I sent some photos to Tara Pattisall demonstrating trucks on our road on different days, a photo of a piece of equipment that sat for months in front of our driveway and I also sent a few more photos of our private road that has been heavily damaged and of the state maintained road into and out of our residential area that has sustained heavy damage, as well. I included some of the roads when it rains, as well. We have game camera video of the activities, too, if that is needed. I wish to be at the Board meeting on October 2nd, but have other obligations, as well as my daughter's Varsity volleyball game. She is a Senior this year, and I do not want to miss anything. I originally was going to attend the meeting due to my strong objections of this zoning change request, but I have reconsidered, feeling that Mr. Obenchain has already "stolen" much from us in our previously peaceful and serene neighborhood and he will not take one of the few remaining games I will see my daughter participate in in her high school sports. I know my husband and I chose this area specifically due to the location and peacefulness. We enjoyed being near town and schools, but out of the mainstream of traffic and noise. We have enjoyed living in this location for well over 20 years. We have had neighbors come and go and some wonderful neighbors that have been here about the same amount of time as we have been. Most everyone, to this point in time, have respected the beauty and peacefulness of the area. None have been as disrespectful as Mr. Obenchain and his workers. Mr. Obenchain came and began driving (and has employees driving) heavy dump trucks back and forth all day. They have begun as early as 6am and have driven as late as 11:30pm. I have several issues with this. First and foremost, it is a safety issue in this residential area. The drivers of the trucks, for the most part, are very discourteous, and disrespectful of the file:///C:/Users/tpattisall/AppData/Local/Temp/XPgrpwise/5BB10858PO2_DOMAINM-Z...10/1/2018 Page 2of 2 narrow roadway and meeting other vehicles or pedestrians. I have a young, new/inexperienced driver, and I am terrified of her meeting one of these under the narrow railroad trestle area. I no longer walk or run, as I frequently did before because the truck drivers have been intimidating as I was on the side of the narrow road when they passed. I had one of the Blue Ridge Beverage surveyors actually stop me and tell me not to run and walk anymore because the driving he had observed. The trucks are dirty, there is much dust and mud related to their constant use. The noise is horrible, they drive on our land and leave marks. The road is not state maintained, the neighbors maintain the road, mainly Kevin Holshouser. The constant heavy machinery being driven over the road has damaged it badly. It is now terrible to drive on, and we feel like our vehicles are always out of alignment due to the potholes the trucks have caused. This is a wonderful, previously quiet RESIDENTIAL neighborhood. There are young children, teens and middle aged folks who are here because we appreciate nature and the peace and tranquility that existed before Mr. Obenchain, and his disregard for each of us,and our wishes, moved here and began running trucks back and forth constantly for his own financial gain. He has been asked to stop, asked to stay off our respective properties. Local law enforcement have been notified, emails and phone calls have been sent to try and put an end to this. He continues to be uninterested in our concerns. I am very strongly against rezoning our residential area to Agricultural 3 Zone, which would allow him to continue to operate these dangerous and obnoxious trucks through our neighborhood along with countless other "Industrial" pursuits if he so chooses, which would completely ruin living where we have been happy for many many years. I find it reprehensible that one person can go against the wishes of the majority and against citizens who have been here for 25 years to destroy the exact reasons we all moved to this neighborhood. Consider what this would be like in ANY residential area. Consider this being allowed where YOU and YOUR children and family peacefully reside. Dump trucks are not safe or acceptable for many many reasons in a residential neighborhood. Mr. Obenchain has already negatively impacted our area, and to rezone our neighborhood would destroy our enjoyment and security in living where we chosen to live. I appreciate your time and consideration of my concerns. Sincerely, Nancy Ward Nancy Ward nancyaward@hotmail.com WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file:///C:/Users/tpattisall/AppData/Local/Temp/XPgrpwise/5BB10858PO2_DOMAINM-Z...10/1/2018 Letters Received After nd the October 2 Planning Commission Meeting STAFF REPORT Petitioner: Horace Obenchain Request: Rezone approximately 82.05 acres from R-1, Low Density Residential District to AG-3, Agricultural/Rural Preserve District for the purpose of agriculture Location: 4191, 4185, and 4165 Barley Drive Magisterial District: Catawba EXECUTIVE SUMMARY: Horace Obenchain currently owns three Barley Drive parcels located in the Catawba Magisterial District. The largest parcel, 4191 Barley Drive, is approximately 41.5 acres. This parcel has multiple farm buildings, livestock, and his primary residence. It was purchased in 2013. He purchased the two adjacent parcels in 2017. They are currently vacant. Mr. Obenchain is requesting to rezone all three parcels, approximately 82.05 acres from R-1, Low Intensity Residential District to AG-3, Agricultural/Rural Preserve District for the purpose of having livestock/agriculture. The 2005 Comprehensive Plan indicates that the Future Land Use Designation of this acreage is Rural Village. Rural Village is a future land use area where limited development activity has historically occurred and where suburban or urban development patterns are discouraged. These rural community and farming areas are generally in between the intense suburban development patterns already established in the County. Agriculture is an appropriate use in this Future Land Use Designation. 1. APPLICABLE REGULATIONS Agriculture is not permitted in the R-1 district. Agriculture is a permitted use in AG-3. The following use and design standards apply: Sec. 30-81-1. Agriculture. (A) In the AR and AV districts, the keeping of swine for commercial purposes shall be prohibited. (B) Commercial uses such as gift shops and restaurants associated with viticulture operations shall be allowed only by special use permit. 2. ANALYSIS OF EXISTING CONDITIONS Background Prior to the Comprehensive Rezoning in 1992, these parcels were all designated as A-1, Agriculture 1 District. The largest parcel has had livestock, specifically cattle, on the property for at least 15 years. County aerial imagery does not go back any further for this parcel. Mr. Obechain has stated that at the time he purchased the property in 2013 it was in use as a farm with livestock and he was unaware that the zoning was Residential. Topography/Vegetation The three parcels are accessed by a private road off of Barley Drive. They are located at the terminus of the private road and are completely secluded due to topography and a creek. Extensive grading work has occurred on 4191 and 4165 Barley Drive and large portions of these parcels are 1 currently denuded. It is forested on the other portions, as well as all of 4185 Barley Drive. Surrounding Neighborhood The properties are surrounded by large rural residential lots or vacant parcels. Properties to the north, east, and south are zoned R-1. Properties to the west are zoned AG-3. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture No additional buildings are being proposed at this time. 4191 already has several agricultural structures including a barn. Access/Traffic Circulation No new access is being requested. All three parcels have access via a private road off of Barley Drive. Screening & Buffering No additional buffering is proposed. The parcels are secluded at the end of a private drive due to topography and a creek. 4.CONFORMANCE WITH ROANOKE COUNTY COMPREHENSIVE PLAN The 2005 Comprehensive Plan indicates that the Future Land Use Designation of these 82.05 acres is Rural Village which is a future land use area that encourages limited development only. Agricultural production and services including livestock, orchards, and crop production are acceptable in these Future Land Use areas. The use of the property for cattle farming is in accordance with the Rural Village Future Land Use designation. 5.STAFF CONCLUSIONS Mr. Obenchain bought the 41.5 acre parcel at 4191 Barley Drive in 2013. At this time, cattle were housed on the property and it was used as a farm. He has continued to keep livestock on the property in the time since. The other two parcels were purchased in 2017 and have remained vacant but will require a rezoning to place livestock on them. The use is consistent with the surrounding area which includes 104 acres of adjacent AG-3 property. These parcels were comprehensively rezoned in 1992 from Agricultural 1 to Residential, but the anticipated development predicted at the time never came to fruition and the area remains largely agricultural in nature. The proposed rezoning is in conformance with the goals and objectives of the Rural Village Future Land Use designation. CASE NUMBER: 8-10/2018 PREPARED BY: Tara Pattisall HEARING DATES: PC: 10/2/18 BOS: 10/23/18 ATTACHMENTS: Application Materials Aerial Photograph Zoning Map Future Land Use Map R-1 Zoning District Standards AG-3 Zoning District Standards 2 County View Neighborhood View (540) 772-2065 Roanoke County 5204 Bernard Drive Roanoke, Virginia 24018 Department of Community Development County View Neighborhood View (540) 772-2065 Roanoke County 5204 Bernard Drive Roanoke, Virginia 24018 Department of Community Development County View Neighborhood View (540) 772-2065 Roanoke County 5204 Bernard Drive Roanoke, Virginia 24018 Department of Community Development R-1 District Regulations SEC. 30-41. R-1 LOW DENSITY RESIDENTIAL DISTRICT. Sec. 30-41-1. Purpose. (A) The R-1, low density residential district is established for areas of the county within the urban service area with existing low-middle density residential development, with an average density of from one (1) to three (3) units per acre, and land which appears appropriate for such development. These areas are generally consistent with the neighborhood conservation land use category as recommended in the comprehensive plan. In addition, where surrounding development and the level of public services warrant, these areas coincide with the development category recommended in the plan. This district is intended to provide the highest degree of protection from potentially incompatible uses and residential development of a significantly different density, size, or scale, in order to maintain the health, safety, appearance and overall quality of life of existing and future neighborhoods. In addition to single-family residences, only uses of a community nature which are generally deemed compatible are permitted in this district. This would include parks and playgrounds, schools and other similar neighborhood activities. (Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-41-2. Permitted uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1.Agricultural and Forestry Uses Stable, Private * 2.Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Manufactured Home * Manufactured Home, Emergency * Multiple Dog Permit * 1 R-1 District Regulations Residential Human Care Facility Single Family Dwelling, Attached * Single Family Dwelling, Attached (Cluster Subdivision Option) * Single Family Dwelling, Detached Single Family Dwelling, Detached (Cluster Subdivision Option) * Single Family Dwelling, Detached (Zero Lot Line Option) * 3.Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Utility Services, Minor 4.Commercial Uses Bed and Breakfast * 5.Miscellaneous Uses Amateur Radio Tower * Wind Energy System, Small * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1.Residential Uses Alternative Discharging Sewage System * 2.Civic Uses Cemetery * 2 R-1 District Regulations Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Religious Assembly * Utility Services, Major * 3.Commercial Uses Golf Course * 4.Miscellaneous Uses Outdoor Gatherings * (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, §§ 3, 8, 6-22-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042500-9, § II, 4-25-00; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5-24-11,Ord. No. 111213-15, § 1, 11-12-13) Sec. 30-41-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. All lots served by private well and sewage disposal systems: a. Area: 0.75 acre (32,670 square feet). b. Frontage: 90 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 20,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. 3. All lots served by both public sewer and water: a. Area: 7,200 square feet. 3 R-1 District Regulations b. Frontage: 60 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 10 feet. b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. Principal structures: 45 feet. b. Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures. (D) Maximum coverage. 1. Building coverage: 35percent of the total lot area for all buildings and 7 percent for accessory buildings. 2.Lot coverage: 50 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 42694-12, § 8, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08, Ord. No. 111213-15, § 1, 11-12-13) 4 AG-3 District Regulations SEC. 30-32. AG-3 AGRICULTURAL/RURAL PRESERVE DISTRICT. Sec. 30-32-1. Purpose. (A) The AG-3, agricultural/rural preserve district consists of land primarily used as farmland, woodlands, and widely scattered residential development located within the rural service area. Also found in these areas are lands with steep slopes, and groundwater recharge areas. Many of the county's unique natural and scenic resources are found in this district. The purpose of this district is to maintain these areas essentially in their rural state, and attempt to protect sensitive and unique land resources from degradation as recommended in the rural preserve land use category of the comprehensive plan. This may be accomplished by maintaining the existing agricultural lands and preventing the encroachment of incompatible land uses. Non-farm residents should recognize that they are located in an agricultural environment where the right-to-farm has been established as county policy. This district is also intended to minimize the demand for unanticipated public improvements and services, such as public sewer and water, by reducing development densities and discouraging large scale development. (Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-32-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1.Agricultural and Forestry Uses Agriculture Farm Employee Housing * Forestry Operations * Stable, Commercial * Stable, Private * Wayside Stand * 2.Residential Uses Accessory Apartment * Home Beauty/Barber Salon * 1 AG-3 District Regulations Home Occupation, Type II * Manufactured Home * Manufactured Home, Accessory * Manufactured Home, Emergency * Multiple Dog Permit * Residential Human Care Facility Single-Family Dwelling, Detached 3.Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Safety Services * Utility Services, Minor 4.Commercial Uses Agricultural Services * Bed and Breakfast * Kennel, Commercial * Veterinary Hospital/Clinic 5.Industrial Uses Custom Manufacturing * 6.Miscellaneous Uses Amateur Radio Tower * 2 AG-3 District Regulations Wind Energy System, Small* (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1.Agricultural and Forestry Uses Commercial Feedlots * 2.Residential Uses Alternative Discharging Sewage Systems * 3.Civic Uses Camps * Cemetery * Correctional Facilities Day Care Center * Religious Assembly * Utility Services, Major * 4.Commercial Uses Antique Shops * Bed and Breakfast Inn * Campgrounds * Country Inn * Golf Course * Special Events Facility * Studio, Fine Arts 5.Industrial Uses 3 AG-3 District Regulations Composting * Landfill, Construction Debris * Landfill, Rubble * Landfill, Sanitary * Resource Extraction * 6.Miscellaneous Uses Aviation Facilities, Private * Broadcasting Tower * Outdoor Gatherings * Shooting Range, Outdoor * Wind Energy System, Large* Wind Energy System, Utility* (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, § 8, 6-22-93; Ord. No. 82493-8, § 2, 8- 24-93; Ord. No. 42694-12, § 7, 4-26-94; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609- 22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 091311-7, § 1, 9-13-11, Ord. No. 111213-15, § 1, 11-12-13, Ord. No. 062816-4, § 1, 6-28-16) Sec. 30-32-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. All lots, regardless of sewer and water provisions: a. Area: 3 acres (130,680 square feet). b. Frontage: 200 feet on a publicly owned and maintained street. c. Maximum width to depth ratio: 1 to 5 (W to D) on streets in existence prior to the adoption of this ordinance. 4 AG-3 District Regulations (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 50 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 25 feet. b. Accessory structures: 25 feet behind front building line or 10 feet behind rear building line. 3. Rear yard: a. Principal structures: 35 feet. b. Accessory structures: 10 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. 5. Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 25 feet from any side property line. (C) Maximum height of structures. 1. All structures: 45 feet. (D) Maximum coverage. 1. Building coverage: 10percent of the total lot area. 2. Lot coverage: 20 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93,Ord. No. 111213-15, § 1, 11-12-13) 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 20, 2018 ORDINANCE REZONING APPROXIMATELY 82.05 ACRES FROM R-1 (LOW DENSITY RESIDENTIAL) DISTRICT TO AG-3 (AGRICULTURAL/ RURAL PRESERVE) DISTRICT; LOCATED AT 4191 BARLEY DRIVE (TAX MAP NO. 065.00-02-39.00-0000), 4185 BARLEY DRIVE (TAX MAP NO. 065.00-02-43.13-0000), AND 4165 BARLEY DRIVE (TAX MAP NO. 065.00-02-43.12-0000), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Horace Obenchain, the owner of approximately 82.05 acres located in the Catawba Magisterial District at 4191 Barley Drive (Tax Map No. 065.00-02-39.00- 0000), 4185 Barley Drive (Tax Map No. 065.00-02-43.13-0000), and 4165 Barley Drive (Tax Map No. 065.00-02-43.12.0000), is requesting to rezone the property from an R-1 (low density residential) district to an AG-3 (agricultural/ rural preserve) district, to enable the keeping of livestock on the property; and WHEREAS, the first reading of this ordinance was held on October 23, 2018, and the second reading and public hearing were held on November 20, 2018; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 2, 2018 and again heard public comments on this matter on November 5, 2018; and WHEREAS, the Planning Commission recommends approval of the petition; and WHEREAS, legal notice and advertisement has been provided as required by law. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The petition of Horace Obenchain to rezone approximately 82.05 acres located in the Catawba Magisterial District at 4191 Barley Drive (Tax Map No. 065.00- 02-39.00-0000), 4185 Barley Drive (Tax Map No. 065.00-02-43.13-0000), and Page 1 of 2 4165 Barley Drive (Tax Map No. 065.00-02-43.12.0000), from an R-1 (low density residential) district to an AG-3 (agricultural/ rural preserve) district, is hereby approved. 2. The Board finds that the proposed rezoning is consistent with the purpose and not be a substantial detriment to the community. 3. This ordinance shall be in full force and effect thirty (30) days after its final passage. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 2 of 2