Loading...
HomeMy WebLinkAbout11/19/2019 - RegularRoanoke County Board of Supervisors November 19, 2019 INVOCATION: 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 6 Roanoke County Board of Supervisors Agenda November 19, 2019 Good afternoon and welcome to our meeting for November 19, 2019. 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 special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A.OPENING CEREMONIES 1.Roll Call B.REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C.PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS D.BRIEFINGS Page 2of 6 E.REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCE-CONSENT AGENDA:Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission: 1.The petition of Bane International Company, LLC to obtain a Special Use Permit in a AG-3, Agricultural/Rural Preserve, District to operatea campground on approximately 48.06 acres, located at 2745 Loch Haven Lake Drive, Catawba Magisterial District F.FIRST READING OF ORDINANCES 1.Ordinance approving a lease with AMC Investors, Inc. for placement of County Communications and Information Technology infrastructure(Bill Hunter, Director of Communications and Information Technology) 2.Ordinance approving the purchase of 30 Chestnut Ridge Road (Tax Map Number 080.00-05-19.02-0000) from Elizabeth Austin Talbott and authorizing the execution of a Contract of Purchase, Vinton Magisterial District(Doug Blount, Director of Parks, Recreation and Tourism) G.SECOND READING OF ORDINANCES 1.Ordinance authorizing the granting of a new variable width dam and stormwater maintenance easement to the Board of Supervisors of Roanoke County, on property owned by the Roanoke County Public School Board, located at 500 Titan Trail, in the Windsor Hills Magisterial District, and authorizing a Memorandum of Understanding for the Hidden Valley Regional Stormwater Maintenance Facility, between the Roanoke County Public School Board and the Roanoke County Board of Supervisors(Tarek Moneir, Acting Director of Development Services) 2.Ordinance approving a greenway easement to Roanoke County on property owned by Mattie Oliver Bower (Tax Map No. 36.00-01-03-0000) for the purpose of the Hinchee Trail(Doug Blount, Director of Parks, Recreation and Tourism) 3.Ordinance approving a greenway easement to Roanoke County on property owned by David L. Kinsey and Frank C. Kinsey (Tax Map No. 025.00-01-08.00- 0000) for purpose of the Hinchee Trail(Doug Blount, Director of Parks, Recreation and Tourism) 4.Ordinance approving a greenway easement to Roanoke County onproperty owned by Ms. Garnette A. Stewart (Tax Map No. 036.00-01-02.00-0000) for the purpose of the Hinchee Trail(Doug Blount, Director of Parks, Recreation and Tourism) Page 3of 6 5.Ordinance approving a greenway easement to Roanoke County on property ownedby Tu Anh and Rebecca R. Tran (Tax Map No. 036.00-01-04.01-0000 and 036.00-01-04.00-0000) for the purpose of the Hinchee Trail(Doug Blount, Director of Parks, Recreation and Tourism) H.PUBLIC HEARING AND SECOND READING OF ORDINANCES 1.The petition of Fellowship Community Church to rezone property to remove the proffered conditions and to obtain a special use permit for a religious assembly on approximately 3.50 acres zoned C-2C, High Intensity Commercial, District with conditions, located near the 6500 block of Merriman Road, Cave Spring Magisterial District(Philip Thompson, Acting Director of Planning) 2.The petition of David and Stace Todd to obtain a special use permit in a R-1, Low Density Residential, District to comply with the use and design standards associated with an accessory apartment in an accessory buildingon approximately 0.346 acre, located at 1047 Barrens Village Court, Hollins Magisterial District(Philip Thompson, Acting Director of Planning) I.APPOINTMENTS 1.Board of Zoning Appeals (appointed by District) 2.Budget and Fiscal Affairs (BFAC) (appointed by District and At-Large) 3.Economic Development Authority (EDA) (appointed by District) 4.Library Board (appointed by District) 5.Parks, Recreation and Tourism (appointed by District) J.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.Resolution establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2020 2.Request to accept and allocate grant funds in the amount of $15,000 from Appalachian Power's Economic Development Growth Enhancement (EDGE) Grant Program 3.Resolution supporting Virginia's Great Valley Lewis & Clark Eastern Legacy Trail (VGV-LCELT) Page 4of 6 4.Resolution accepting and approving recommended changes to the Comprehensive Financial Policy 5.Resolution supporting the Blue Ridge Parkway closure from Milepost 91 to Milepost 112 on June 7, 2020, for the Carilion Clinic Ironman 70.3 Virginia's Blue Ridge Race K.CITIZENS' COMMENTS AND COMMUNICATIONS L.REPORTS 1.Unappropriated, Board Contingency and Capital Reserves 2.Outstanding Debt Report 3.Comparative Statement of Budgeted and Actual Revenues as of October 31, 2019 4.Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of October 31, 2019 5.Accounts Paid –October 31, 2019 6.Statement of Treasurer's Accountability per Investment and Portfolio Policy as of October 31, 2019 M.CLOSED MEETING,pursuant to the Code of Virginia as follows: 1.Section 2.2-3711.A.7, Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body, namely a vendor providing goods or services EVENING SESSION N.CERTIFICATION RESOLUTION O.PUBLIC HEARING AND SECOND READING OF ORDINANCES 1.The petition of Roanoke Valley Resource Authority to obtain a special use permit for a sanitary landfill on approximately 8.05 acres zoned AG-3, Agricultural/Rural Preserve, District and to amend the special use permit for an existing sanitary landfill (Smith Gap Landfill) on approximately 886.80 acres zoned AG-3S, Agricultural/Rural Preserve, District with a special use permit, located on the northwest side of Fort Lewis Mountain between Smith Gap, and Bradshaw Road, Catawba Magisterial District(Philip Thompson, Acting Director of Planning) P.CITIZEN COMMENTS ANDCOMMUNICATIONS Page 5of 6 Q.REPORTS AND INQUIRIES OF BOARD MEMBERS 1.George G. Assaid 2.Martha B. Hooker 3.David F. Radford 4.P. Jason Peters 5.Phil C. North R.ADJOURNMENT Page 6of 6 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 19, 2019 AGENDA ITEM: The petition of Bane International Company, LLC to obtain a Special Use Permit in a AG-3, Agricultural/Rural Preserve, District to operate a campground on approximately 48.06 acres, located at 2745 Loch Haven Lake Drive, Catawba Magisterial District SUBMITTED BY: Philip Thompson Acting Director of Planning APPROVED BY: County Administrator ISSUE: Consent agenda item for first reading on an ordinance. BACKGROUND: The first reading of this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for December 17, 2019. The title of this ordinance is as follows: 1. The petition of Bane International Company, LLC to obtain a Special Use Permit in a AG-3, Agricultural/Rural Preserve, District to operate a campground on approximately 48.06 acres, located at 2745 Loch Haven Lake Drive, Catawba Magisterial District. Page 1 of 2 DISCUSSION: There is no discussion on this item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for December 17, 2019. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 1, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Page 2 of 2 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 19, 2019 AGENDA ITEM: Ordinance approving a lease with AMC Investors, Inc. for placement of County Communications and Information Technology infrastructure SUBMITTED BY: Mary Beth Nash Senior Assistant County Attorney APPROVED BY: County Administrator ISSUE: Approval of a lease agreement with AMC Investors, Inc. for tower space lease-Brushy Mountain BACKGROUND: Section 18.04 of the Charter of Roanoke County requires the acquisition of any interest in real estate shall be approved by the Board by ordinance. The County provides public safety services to its citizens and places various communications equipment at non-County locations to facilitate communications throughout the County. Given the topography of the County, such equipment is most effective when placed on elevated locations, such as mountain peaks and Brushy Mountain has been a viable spot for placement of the equipment to support the public safety radio system. The County has re-negotiated a long-standing contract with a County landowner for a ground lease on Brushy Mountain for such equipment as it provides public safety services to persons in the County. Page 1 of 2 DISCUSSION: The leased premises consist of tower space for two (2) dish antennas and associated transmission lines, AC power and generator backup at Communications Site located at 2811 Sycamore Drive, Salem, Virginia for the purpose of maintaining and operating a wireless internet transmitter. The term of the lease shall be for a period of one year commencing on January 1, 2020 and terminating on December 31, 2020. FISCAL IMPACT: Monthly rental expense in the amount of $300 is payable to AMC Investors, Inc. and was included in the 2019-2020 operating budget. STAFF RECOMMENDATION: Staff recommends approving the first reading of the ordinance and establishing a second reading on December 3, 2019. Page 2 of 2 4/7%2 30!#% ,%!3% "253(9 -/5.4!). 4§¨² ,¤ ²¤ !¦±¤¤¬¤­³ ¤­³¤±¤£ ¨­³®  ² ®¥ * ­´ ±¸ ΐǾ ΑΏ20Ǿ ¡¤³¶¤¤­ !-# )­µ¤²³®±²Ǿ )­¢ȁǾ ¶§®²¤  ££±¤²² ¨² ΐΖΏ 6¨±¦¨­¨  +e  ­£ ³§¤ "® ±£ ®¥ 3´¯¤±µ¨²®±² ®¥ 2® ­®ª¤ #®´­³¸Ǿ ¶§®²¤  ££±¤²² ¨² 0ȁ/ȁ "®· ΑΘΗΏΏǾ 2® ­®ª¤Ǿ 0±¨®± ³® ³§¤ ¤·¤¢´³¨®­ ®¥ ³§¨² ,¤ ²¤Ǿ 4¤­ ­³  ­£ , ­£«®±£ ¶¤±¤ ¯ ±³¨¤² ³®   «¤ ²¤ ¥®± ³§¤²¤ ,¤ ²¤£ 0±¤¬¨²¤²ȁ 3 ¨£ «¤ ²¤  ­£  «« ±¤­¤¶ «² § µ¤ ¤·¯¨±¤£ȁ WITNESSETH: , ­£«®±£ §¤±¤¡¸ «¤ ²¤²  ­£ £¤¬¨²¤² ³® 4¤­ ­³  ­£ 4¤­ ­³ §¤±¤¡¸ ±¤­³² ¥±®¬ , ­£«®±£ ³§¤ ,¤ ²¤£ 0±¤¬¨²¤² §¤±¤¨­ £¤²¢±¨¡¤£ ´¯®­ ³§¤ ¥®««®¶¨­¦ ³¤±¬²  ­£ ¢®­£¨³¨®­²Ȁ (1) ,¤ ²¤£ 0±¤¬¨²¤²ȁ 4§¤ ,¤ ²¤£ 0±¤¬¨²¤² ¢®­²¨²³ ®¥ 4®¶¤± ²¯ ¢¤ ¥®± two ȨΑȩ £¨²§  ­³¤­­ ²  ­£  ²²®¢¨ ³¤£ ³± ­²¬¨²²¨®­ «¨­¤²Ǿ !# ¯®¶¤±  ­£ ¦¤­¤± ³®± ¡ ¢ª´¯  ³ #®¬¬´­¨¢ ³¨®­² 3¨³¤ «®¢ ³¤£  ³ ΑΗΐΐ 3¸¢ ¬®±¤ $±¨µ¤, 3 «¤¬Ǿ 6¨±¦¨­¨ ȁ 4§¤ ,¤ ²¤£ 0±¤¬¨²¤²  ±¤ ¬®±¤ ¯ ±³¨¢´« ±«¸ ²¤³ ¥®±³§ ®­ %·§¨¡¨³ !Ǿ  ³³ ¢§¤£ §¤±¤³®ȁ 4§¤ 4¤­ ­³ ±¤²¤±µ¤² ³§¤ ±¨¦§³ ³®  ££ ®­¤  ££¨³¨®­ « £¨²§  ­³¤­­   ­£  ²²®¢¨ ³¤£ ³± ­²¬¨²²¨®­ «¨­¤²Ǿ !# ¯®¶¤±  ­£ ¦¤­¤± ³®± ¡ ¢ª´¯ ®­ 4®¶¤± ²¯ ¢¤  ³ ͡ΐΔΏȁΏΏ ¯¤± ¬®­³§ȁ (2) 4¤±¬ȁ 4§¤ ³¤±¬ ®¥ ³§¤ «¤ ²¤ ²§ «« ¡¤ ¥®±   ¯¤±¨®£ ®¥ ®­¤ ¸¤ ± ¢®¬¬¤­¢¨­¦ ®­ * ­´ ±¸ ΐǾ ΑΏ20  ­£ ³¤±¬¨­ ³¨­¦ ®­ $¤¢¤¬¡¤± ΒΐǾ ΑΏ20. ȨΒȩ 2¤­³ȁ 4§¤ ¬®­³§«¸ ±¤­³ « ²§ «« ¡¤ ³§¤ ²´¬ ®¥ ͡ΒΏΏȁΏΏ ¶§¨¢§ 4¤­ ­³ ²§ «« ¯ ¸ ³® , ­£«®±£  ³ ³§¤  ££±¤²² ²§®¶­  ¡®µ¤Ǿ ¯ ¸ ¡«¤ ¨­  £µ ­¢¤ ®­ ³§¤ ¥¨±²³ £ ¸ ®¥ ¤ ¢§ ¬®­³§ ®¥ ³§¤ «¤ ²¤ ³¤±¬ȁ !­¸ ¯ ¸¬¤­³ ±¤¢¤¨µ¤£ ¬®±¤ ³§ ­ ¥¨µ¤ ȨΔȩ £ ¸²  ¥³¤± ³§¤ ¥¨±²³ £ ¸ ®¥  ­¸ ¬®­³§Ǿ ²§ «« ¡¤  ²²¤²²¤£   ¯¤­ «³¸ ®¥ ͡ ΔΏȁΏΏǾ ³®¦¤³§¤± ¶¨³§ ¨­³¤±¤²³  ³ ³§¤ ²³ ³´³®±¸ ± ³¤ ´­³¨« ¯ ¨£ ¨­ ¥´««ȁ !­¸ ¯ ¸¬¤­³ ±¤³´±­¤£ ¡¸   ¥¨­ ­¢¨ « ¨­²³¨³´³¨®­ ¥®±  ­¸ ±¤ ²®­ ²§ «« ¡¤  ²²¤²²¤£   ¯¤­ «³¸ ®¥ $100ȁΏΏȁ 4¤­ ­³ ²§ «« § µ¤ ³§¤ ®¯³¨®­ ³® ±¤­¤¶ ³§¨² «¤ ²¤ ¥®±  ££¨³¨®­ « ®­¤ ¸¤ ± ³¤±¬² ¥®± ´¯ ³® five ȨΔȩ ¸¤ ±² ¡¸ ¦¨µ¨­¦ ¶±¨³³¤­ ­®³¨¢¤ ³® , ­£«®±£  ³ «¤ ²³ ³§¨±³¸ ȨΒΏȩ £ ¸² ¯±¨®± ³® ³§¤ ¤­£ ®¥ ³§¤ «¤ ²¤ ³¤±¬ȁ 4§¤ ±¤­¤¶ «² ²§ «« ¡¤ ®­ ³§¤ ² ¬¤ ³¤±¬²  ­£ ¢®­£¨³¨®­² ®¥ ³§¤ ®±¨¦¨­ « «¤ ²¤ȁ ȨΓȩ 5²¤ȁ 4¤­ ­³ ¬ ¸ ´²¤ ³§¤ ,¤ ²¤£ 0±¤¬¨²¤² ¥®± ³§¤ ¯´±¯®²¤ ®¥ ¬ ¨­³ ¨­¨­¦  ­£ ®¯¤± ³¨­¦   ¶¨±¤«¤²² ¨­³¤±­¤³ ³± ­²¬¨³³¤±  ­£ ¡¤ ´­±¤ ²®­ ¡«¸ ¶¨³§§¤«£Ǿ ¥®±  ­¸ ®³§¤± ±¤« ³¤£ « ¶¥´« ¯´±¯®²¤ £´±¨­¦ ³§¤ ³¤±¬ ®¥ ³§¨² ,¤ ²¤ȁ 4¤­ ­³ ²§ ««Ǿ ¶§¨«¤ ®¢¢´¯¸¨­¦ ² ¬¤Ǿ ¢®¬¯«¸ ¶¨³§  «« « ¶²Ǿ ®±£¨­ ­¢¤²  ­£ ±¤¦´« ³¨®­²  ¥¥¤¢³¨­¦ ² ¬¤ȁ 4§¤ ±¨¦§³ ®¥ ¨­¦±¤²²  ­£ ¤¦±¤²² µ¨  ¤·¨²³¨­¦ ¶ ¸² ¨² ²¯¤¢¨¥¨¢ ««¸ ¦± ­³¤£ ³® 4¤­ ­³ ¥®±  «« ¯´±¯®²¤² ¨­¢¨£¤­³ ³® ³§¨² «¤ ²¤ȁ 4¤­ ­³ ¦± ­³² ³® , ­£«®±£  ­£ ³® ¤ ¢§ ³¤­ ­³ ®¥ L ­£«®±£ ¶§® ¨² ±¤°´¨±¤£ ³® ³± µ¤±²¤ ³§¤ ,¤ ²¤£ 0±¤¬¨²¤² ¥®±  ¢¢¤²² ³® ²´¢§ ³ ȨΔȩ 5³¨«¨³¨¤²ȁ , ­£«®±£ ²§ «« ¯ ¸  «« ¢§ ±¦¤² ¥®± ¤«¤¢³±¨¢¨³¸ ®­ ³§¤ ,¤ ²¤£ 0±¤¬¨²¤²ȁ 4¤­ ­³ ¨² ±¤²¯®­²¨¡«¤ ¥®±  ­¸ ®³§¤± ±¤°´¨±¤£ ´³¨«¨³¨¤²ȁ ȨΕȩ )­²´± ­¢¤ȁ 4 ¨­²´± ­¢¤ ¢®µ¤±¨­¦ ³§¤ ,¤ ²¤£ 0±¤¬¨²¤² ¥®± ³§¤ ¯±®³¤¢³¨®­ ®¥ ¡®³§ , ­£«®±£  ­£ 4¤­ ­³ ¨­ ³§¤  ¬®´­³ ®¥ $1,000,0ΏΏȁΏΏ  ­£ ²§ «« ¥´±­¨²§ , ­£«®±£ ¶¨³§   ¢¤±³¨¥¨¢ ³¤ ³§¤±¤®¥ȁ 4§¤±¤ ²§ «« ¡¤ ­®  ¡ ³¤¬¤­³ ®¥ ±¤­³ ¨­ ¤µ¤­³ ®¥ ¥¨±¤ ®± ®³§¤± ¢ ²´ «³¸Ǿ  ­£ , ­£«®±£ ²§ «« ¢ ´²¤ ³§¤ ,¤ ²¤£ 0±¤¬¨²¤² ³® ¡¤ restored. ȨΖȩ 4 ·¤²ȁ , ­£«®±£ ²§ «« ¯ ¸  «« ±¤ « ¤²³ ³¤ ³ ·¤²  ²²¤²²¤£  ¦ ¨­²³ ³§¤ « ­£ ®¥ ³§¤ ,¤ ²¤£ 0±¤¬¨²¤²ȁ 4§¤±¤ ²§ «« ¡¤ ­® «¤ ²¤§®«£ ¨¬¯±®µ¤¬¤­³² ¬ £¤ ¡¸ ³§¤ 4¤­ ­³ȁ ȨΗȩ ­® ¶ ±± ­³¨¤²Ǿ ¤·¯±¤²² ®± ¨¬¯«¨¤£Ǿ ¶¨³§ ±¤²¯¤¢³ ³§¤±¤³®ȁ 4§¤ , ­£«®±£ ¶¨«« ª¤¤¯  ­£ ¬ ¨­³ ¨­ ³§¤ ,¤ ²¤£ 0±¤¬¨²¤²  ­£  «« ¨¬¯±®µ¤¬¤­³² ¥±®¬ ³¨¬¤ ³® ³¨¬¤ «®¢ ³¤£ ³§¤±¤®­Ǿ  ­£  ««  ¯¯´±³¤­ ­¢¤² ³§¤±¤³®Ǿ ¨­ ¦®®£ ±¤¯ ¨±  ­£ ¨­ ² ¥¤  ­£ ² ­¨³ ±¸ ¢®­£¨³¨®­Ǿ ®±£¨­ ±¸ ¶¤ ±  ­£ ³¤ ± ¤·¢¤¯³¤£ǿ  ­£ ¶¨«« ¬ ª¤  «« ­¤¢¤²² ±¸ ±¤¯ ¨±²Ǿ ±¤¯« ¢¤¬¤­³²  ­£ ±¤­¤¶ «²Ǿ ¶§¨¢§ ²§ «« ¡¤ ²´¡²³ ­³¨ ««¸ ¤°´ « ¨­ °´ «¨³¸  ­£ ¢« ²² ³® ³§¤ ®±¨¦¨­ « ¶®±ªȁ 4§¤ 4¤­ ­³ ¶¨«« ¢®­¥®±¬ ¶¨³§  ­£ £®  «« ³§¨­¦² ­¤¢¤²² ±¸ ³® ¢®¬¯«¸ ¶¨³§ ¤µ¤±¸ µ «¨£ « ¶Ǿ ±¤¦´« ³¨®­Ǿ ®±£¤±  ­£ ±¤°´¨±¤¬¤­³ ®¥  ­¸ ¦®µ¤±­¬¤­³ «  ´³§®±¨³¸ ±¤« ³¨­¦ ³® ³§¤ ,¤ ²¤£ 0±¤¬¨²¤²  ­£ ¶¨«« §®«£  ­£ ² µ¤ «¨ ¡¨«¨³¨¤²Ǿ ¨­¢«´£¨­¦ ¡´³ ­®³ «¨¬¨³¤£ ³® ¢®­²¤°´¤­³¨ « £ ¬ ¦¤²Ǿ ¥®± ³§¤ ¡±¤ ¢§ ³§¤±¤®¥ ®± ¥ ¨«´±¤ ³® ¢®¬¯«¸ ³§¤±¤¶¨³§ȁ ȨΘȩ Con£¤¬­ ³¨®­ȁ )¥ ³§¤ ,¤ ²¤£ 0±¤¬¨²¤² ®±  ­¸ ¯ ±³ ³§¤±¤®¥ ²§ «« ¡¤ ¢®­£¤¬­¤£ ®± ³ ª¤­ ¥®±   ¯´¡«¨¢ ®± °´ ²¨-¯´¡«¨¢ ´²¤Ǿ ³§¤­Ǿ ´¯®­ ¯ ¸¬¤­³ ®¥  ­¸  ¶ ±£ ®± ¢®¬¯¤­² ³¨®­  ±¨²¨­¦ ¥±®¬ ²´¢§ ¢®­£¤¬­ ³¨®­ ®± ³ ª¨­¦Ǿ ³§¤±¤ ²§ «« ¡¤ ²´¢§  ¡ ³¤¬¤­³ ¨­ ±¤­³  ­£ ®³§¤± ²´¢§  £©´²³¬¤­³  ² ¬¨¦§³ ¡¤ ©´²³  ­£ ¤°´¨³ ¡«¤ ´­£¤±  «« ³§¤ ¢¨±¢´¬²³ ­¢¤²Ǿ ±¤¦ ±£«¤²² ®¥  ­¸ ³¤¢§­¨¢ « ±´«¤ ®¥ « ¶Ǿ ¡´³ 4¤­ ­³ ²§ «« ­®³Ǿ ´­£¤±  ­¸ ¢¨±¢´¬²³ ­¢¤²Ǿ ¡¤ ¤­³¨³«¤£ ³®   ¢®­£¤¬­ ³¨®­  ¶ ±£ ¥®± ³§¤ µ «´¤ ®¥ ¨³² ³¤­ ­¢¸ȁ ȨΐΏȩ $¤¥ ´«³ȁ ! ¡±¤ ¢§ ®¥  ­¸ ®¥ ³§¤ ¢®µ¤­ ­³² ®± ¢®­£¨³¨®­² ®¥ ³§¨² «¤ ²¤ ¢®­³¨­´¨­¦ ¥®± ¬®±¤ ³§ ­ ¥¨µ¤ ȨΔȩ £ ¸²  ¥³¤± ­®³¨¢¤ ³§¤±¤®¥ ¥±®¬ , ­£«®±£ ²§ «« ¡¤ £¤¤¬¤£   £¤¥ ´«³ ¡¸  ££¨³¨®­ ³®  «« ®³§¤± ±¤¬¤£¨¤²  µ ¨« ¡«¤  ³ « ¶ ®± ¨­ ¤°´¨³¸Ǿ ´¯®­ £¤¥ ´«³ ¡¸ 4¤­ ­³Ǿ , ­£«®±£ ¬ ¸Ǿ ¶¨³§®´³ ­®³¨¢¤ ³® 4¤­ ­³Ǿ re-¤­³¤± ³§¤ ,¤ ²¤d 0±¤¬¨²¤²Ǿ ¡´³ ­® ²´¢§ ±¤-¤­³±¸ ²§ «« §¤ £¤¤¬¤£  ­  ¢¢¤¯³ ­¢¤ ®¥   ²´±±¤­£¤± ®¥ ³§¨² ,¤ ²¤ȁ )­ ³§¤ ¤µ¤­³ ®¥ ±¤-¤­³±¸ ¥®± £¤¥ ´«³Ǿ , ­£«®±£ ¬ ¸Ǿ ¡´³ ²§ «« ­®³ §¤ ±¤°´¨±¤£ ³®Ǿ ±¤-«¤³ ³§¤ ,¤ ²¤£ 0±¤¬¨²¤² ®±  ­¸ ¯ ±³ ³§¤±¤®¥Ǿ  ²  ¦¤­³ ¥®± ®¯³¨®­ ³¤±¬¨­ ³¤ ³§¨² «¤ ²¤ ¥®± £¤¥ ´«³ ®±  ­¸ ®³§¤± ±¤ ²®­ ¨­ ¶§¨¢§ ¤µ¤­³ 4¤­ ­³ ²§ «« ±¤¬ ¨­ «¨ ¡«¤ ¥®±  «« 4¤­  Ȩΐΐȩ (®«£®µ¤±ȁ 3§®´«£ 4¤­ ­³ ¢®­³¨­´¤ ¨­ ¯®²²¤²²¨®­  ¥³¤± ³§¤ ¤­£ ®¥ ³§¤ ³¤±¬ §¤±¤¨­ ¶¨³§ ¯¤±¬¨²²¨®­ ®¥ , ­£«®±£Ǿ ¨³ ¨²  ¦±¤¤£ ³§ ³ ³§¤ ³¤­ ­¢¸ ³§´² ¢±¤ ³¤£ ¢ ­ ¡¤ ³¤±¬¨­ ³¤£ ¡¸ ¤¨³§¤± ¯ ±³¸ ¦¨µ¨­¦ ³® ³§¤ ®³§¤± ¯ ±³¸ ­®³ «¤²² ³§ ­ ³§¨±³¸ ȨΒΏȩ £ ¸² ¶±¨³³¤­ ­®³¨¢¤ ³® ¤·¯¨±¤ ®­ ³§¤ £ ¸ ®¥ ³§¤ ¬®­³§ ¥±®¬ ¶§¨¢§ ³§¤ ³¤­ ­¢¸ ¢®¬¬¤­¢¤£ ³® ±´­ȁ $´±¨­¦ ²´¢§ §®«£®µ¤±Ǿ ±¤­³ « ²§ «« ¡¤ ¯ ¨£ ®­   ¬®­³§«¸ ¡ ²¨²  ­£ ²§ «« ¡¤ ¤°´ « ³® ®­¤-³¶¤«¥³§ ȨΐȝΐΑȩ ®¥ ³§¤  ­­´ « ±¤­³ « ²¤³ ¥®±³§ §¤±¤¨­ȁ ȨΐΑȩ .®³¨¢¤²ȁ .®³¨¢¤² §¤±¤´­£¤± ²§ «« ¡¤ ¦¨µ¤­ ¡¸ ¬ ¨«¨­¦Ǿ ¡¸ ±¤¦¨²³¤±¤£ ¬ ¨« ®± ¢¤±³¨¥¨¤£ ¬ ¨«Ǿ   «¤³³¤±  ££±¤²²¤£ ³® ³§¤  ££±¤²² ²§®¶­  ³ ³§¤ ¡¤¦¨­­¨­¦ ®¥ ³§¨² «¤ ²¤ȁ .®³¨¢¤² ²§ «« ¡¤ £¤¤¬¤£ ¦¨µ¤­ ´¯®­  ­£ ®­ ³§¤ £ ³¤ ®¥ ¬ ¨«¨­¦ȁ ȨΐΒȩ !²²¨¦­¬¤­³ȁ 4¤­ ­³ ¶¨«« ­®³  ²²¨¦­ ®± ²´¡«¤³ ³§¤ «¤ ²¤£ 0±¤¬¨²¤² ¶¨³§®´³ ³§¤ ®­ȁ ȨΐΓȩ %·¯¤­²¤²ȁ )­ ³§¤ ¤µ¤­³ ®¥  ­¸ ¡±¤ ¢§ ®¥  ­¸ ¢®µ¤­ ­³Ǿ ¢®­£¨³¨®­ ®± ¯±®µ¨²¨®­ ®¥ ³§¨² «¤ ²¤ ¡¸ 4¤­ ­³Ǿ , ­£«®±£ ¬ ¸  ¥³¤± ±¤ ²®­ ¡«¤ ­®³¨¢¤ ³® 4¤­ ­³Ǿ ¢´±¤ ²´¢§ ¡±¤ ¢§ ¥®± ³§¤  ¢¢®´­³  ­£  ³ ³§¤ ¤·¯¤­²¤ ®¥ ³§¤ 4¤­ ­³ȁ 4¤­ ­³ ²§ «« ¯±®¬¯³«¸ ±¤¨¬¡´±²¤ , ­£«®±£ ¥®±  ­¸ 4¤­ ­³Ǿ ®± ¨­ ¤­¥®±¢¨­¦  ­¸ ¯±®µ¨²¨®­ §¤±¤®¥ȁ 4¤­ ­³  ¦±¤¤² ³® ¯ ¸  «« ¢®²³² ±¤²´«³¨­¦ ¥±®¬ ³§¤ ¨­³¤­³¨®­ « ®± ­¤¦«¨¦¤­³ £¤²³±´¢³¨®­Ǿ £ ¬ ¦¤ ®± ±¤¬®µ « ®¥  ­¸ ¯ ±³ ®¥ ³§¤ ,¤ ²¤£ 0±¤¬¨²¤² ¡¸ Ћ ȨΐΔȩ )­£¤¬­¨¥¨¢ ³¨®­ȁ 4® ³§¤ ¬ ·¨¬´¬ ¤·³¤­³  ««®¶¤£ ¡¸ ³§¤ « ¶² ®¥ ³§¤ #®¬¬®­¶¤ «³§ ®¥ 6¨±¦¨­¨ Ǿ 4¤­ ­³ ²§ «« ¨­£¤¬­¨¥¸  ­£ §®«£ § ±¬«¤²² , ­£«®±£  ¦ ¨­²³  «« «¨ ¡¨«¨³¸Ǿ «®²²¤²Ǿ £ ¬ ¦¤²  ­£ expenses ¨­¢´±±¤£ ®± ²´¥¥¤±¤£ ¡¸ 4¤­ ­³  ²   ±¤²´«³ ®¥  ­¸ ¨­©´±¸ ³® ¯±®¯¤±³¸ ®± ¯¤±²®­Ǿ ¨­¢«´£¨­¦ £¤ ³§Ǿ ®­ ³§¤ ,¤ ²¤£ 0±¤¬¨²¤² ®± ±¤²´«³¨­¦ ¥±®¬  ­¸  ¢³ ®± ®¬¨²²¨®­ ®¥ 4¤­ ­³ ®±  ­¸ ®¥ ¨³²  ¦¤­³²Ǿ ¢®­³± ¢³®±²Ǿ ¤¬¯«®¸¤¤²Ǿ ®± ¨­µ¨³¤¤²Ǿ ®­ ®± ¨­ ³§¤ µ¨¢¨­¨³¸ ȨΐΕȩ %­µ¨±®­¬¤­³ « ,¨ ¡¨«¨³¸ȁ 4® ³§¤ ¬ ·¨¬´¬ ¤·³¤­³  ««®¶¤£ ¡¸ ³§¤ « ¶² ®¥ ³§¤ #®¬¬®­¶¤ «³§ ®¥ 6¨±¦¨­¨ Ǿ 4¤­ ­³ ¶¨«« ¨­£¤¬­¨¥¸ , ­£«®±£  ¦ ¨­²³  «« ¢®²³² Ȩ¨­¢«´£¨­¦ «¤¦ « ¥¤¤²ȩǾ ¯¤­ «³¨¤²Ǿ «®²²¤²  ­£ £ ¬ ¦¤² ¨­¢´±±¤£ ¡¸ , ­£«®±£ ±¤²´«³¨­¦ ¥±®¬  ­¸ ¤­µ¨±®­¬¤­³ « - «¤²²¤¤²Ǿ ¨­µ¨³¤¤²  ­£  ²²¨¦­² £´±¨­¦ ³§¤ ³¤±¬ ®¥ ³§¨² ,¤ ²¤Ǿ  ² ¤·³¤­£¤£  ­£  ­¸ ¯±¤µ¨®´² «¤ ²¤ ³¤±¬²ȁ ȨΐΖȩ -¨²¢¤«« ­¤®´²ȁ 4§¨² «¤ ²¤ ²§ «« ¡¤ ¨­³¤±¯±¤³¤£  ­£ ¤­¥®±¢¤£ ¨­  ¢¢®±£ ­¢¤ ¶¨³§ ³§¤ « ¶² ®¥ ³§¤ #®¬¬®­¶¤ «³§ ®¥ 6¨±¦¨­¨   ­£ ²§ «« ¡¤ ¡¨­£¨­¦ ´¯®­ ³§¤ ¯ ±³¨¤²Ǿ ³§¤¨± successo±²  ­£  ²²¨¦­²ȁ 4§¨² «¤ ²¤ ¢®­³ ¨­² ³§¤ ¢®¬¯«¤³¤  ¦±¤¤¬¤­³ ®¥ ³§¤ ¯ ±³¨¤²  ­£ ²§ «« ­®³ ¡¤ ¬®£¨¥¨¤£ ®±  ¬¤­£¤£ ¤·¢¤¯³ ¡¸ ¶±¨³³¤­  ¬¤­£¬¤­³ §¤±¤³®ȁ .® ¶ ¨µ¤± ®¥  ­¸ ¡±¤ ¢§ ®¥ ¢®µ¤­ ­³ ®± ¢®­£¨³¨®­ §¤±¤¨­ ²§ «« ¡¤ ¢®­²³±´¤£  ²   ¶ ¨µ¤± ®¥   ¢®µ¤­ ­³ ®± ¢®­£¨³¨®­ ¨³²¤«¥ ®±  ­¸ ²´¡²¤°´¤­³ ¡±¤ ¢§ ³§¤±¤®¥ȁ 4§¤ ¯ ± ¦± ¯§ §¤ £¨­¦²  ¯¯¤ ±¨­¦ ¨­ ³§¨² «¤ ²¤  ±¤ ¥®± ¯´±¯®²¤² ®¥ ¤ ²¸ ±¤¥¤±¤­¢¤  ­£ ²§ «« ­®³ §¤ ¢®­²¨£¤±¤£   ¯ ±³ ®¥ ³§¨² «¤ ²¤ ®± ¨­  ­¸ ¶ ¸ ³® ¬®£¨¥¸Ǿ  ¬¤­£ ®±  ¥¥¤¢³ ³§¤ ¯±®µ¨²¨®­² §¤±¤®¥ȁ 7)4.%33 ³§¤ fo««®¶¨­¦ ²¨¦­ ³´±¤²  ­£ ²¤ «²Ȁ LANDLORD: !-# )­µ¤²³®±²Ǿ )­¢ȁ "9Ȁ ͑͑͑͑͑͑͑͑͑________________________________________________ - ±ª 7ȁ #±®­ª President #/--/.7%!,4( /& 6)2').)! ) CITY/COUNTY ®¥ ͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑____ȩ ³® ¶¨³ 4§¤ ¥®±¤¦®¨­¦ ¨­²³±´¬¤­³ ¶ ²  ¢ª­®¶«¤£¦¤£ ¡¤¥®±¤ ¬¤ ®­ ³§¨² ͑͑_͑͑͑͑ £ ¸ ®¥ ͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑Ǿ ΑΏΐΘ ¡¸ - ±ª 7ȁ #±®­ª ®­ ¡¤§ «¥ ®¥ !-# 0±®¯¤±³¸ - ­ ¦¤¬¤­³ȁ _________________________________________________________ .®³ ±¸ 0´¡«¨¢ #®¬¬¨²²¨®­ ¤·¯¨±¤²Ȁ ͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑ Registra³¨®­ .®ȁȀ ͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑ Ќ TENANT: 4(% "/!2$ /& 350%26)3/23 /& 2/!./+% #/5.49Ǿ 6)2').)! "9Ȁ ͑͑͑͑͑͑͑͑͑________________________________________________ #®´­³¸ !£¬¨­¨²³± ³®± #/--/.7%!,4( /& 6)RGINIA ) #/5.49 /& 2/!./+% ȩ ³® ¶¨³ 4§¤ ¥®±¤¦®¨­¦ ¨­²³±´¬¤­³ ¶ ²  ¢ª­®¶«¤£¦¤£ ¡¤¥®±¤ ¬¤ ®­ ³§¨² ͑͑_͑͑͑͑ £ ¸ ®¥ 3´¯¤±µ¨²®±² ®¥ 2® ­®ª¤ #®´­³¸Ǿ 6¨±¦¨­¨ ȁ _________________________________________________________ .®³ ±¸ 0´¡«¨¢ #®¬¬¨²²¨®­ ¤·¯¨±¤²Ȁ ͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑ 2¤¦¨²³± ³¨®­ .®ȁȀ ͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑ !¯¯±®µ¤£  ² ³® ¥®±¬Ȁ ___________________________________________________ - ±¸ "¤³§ . ²§ 3¤­¨®± !²²¨²³ ­³ #®´­³¸ !³³®±­¤y Ѝ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 19, 2019 ORDINANCE APPROVING A LEASE WITH AMC INVESTORS, INC. FOR PLACEMENT OF COUNTY COMMUNICATIONS AND INFORMATION TECHNOLOGY INFRASTRUCTURE WHEREAS, the County provides public safety services to its citizens and needs to place various communications equipment at non-County locations to facilitate communications throughout the County; and WHEREAS, given the topography of the County, such equipment is most effective when placed on elevated locations, such as mountain peaks; and WHEREAS, the County has identified Brushy Mountain as a viable spot for placement of Communications and Information Technology (COMM-IT) equipment to support the public safety radio system; WHEREAS, the County has re-negotiated a long-standing contract with a County landowner for a ground lease on Brushy Mountain for such equipment; and WHEREAS, such a lease will provide tangible and intangible benefits to the County as it provides public safety services to persons in the County; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Sections 2.01 and 2.03 of the Charter of Roanoke County, the County is authorized to acquire property, including the lease of real estate; and, 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, the acquisition of any interest in real estate shall be accomplished by Page 1 of 2 ordinance, the first reading of this ordinance was held on November 19, 2019, and the second reading of this ordinance was held on December 3, 2019. 3. That the execution of a Lease Agreement with AMC Investors, Inc., to lease a certain parcel of land on Brushy Mountain is authorized. 4. That the lease term shall commence on January 1, 2020, and continue through December 31, 2020, unless terminated as provided in the Agreement. 5. That the rent shall be $300 per month during the term of the Agreement. 6. That the County Administrator, or an Assistant County Administrator, is authorized to execute such documents and take such actions on behalf of the Board of Supervisors in this matter as are necessary to accomplish the lease of this property, all of which shall be approved as to form by the County Attorney. 8. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 2 ACTION NO. ITEM NO. F.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 19, 2019 AGENDA ITEM: Ordinance approving the purchase of 30 Chestnut Ridge Road (Tax Map Number 080.00-05-19.02-0000) from Elizabeth Austin Talbott and authorizing the execution of a Contract of Purchase, Vinton Magisterial District SUBMITTED BY: Doug Blount Director of Parks Recreation and Tourism APPROVED BY: Da County Administrator ISSUE: Ordinance authorizing the purchase of 2.0 acres of land (Tax Map No. 080.00-05-19.02- 0000) for $50,000 from Elizabeth Talbott for public use at Explore Park. BACKGROUND: Roanoke County signed a 99-year lease for Explore Park in 2013 with the Virginia Recreational Facilities Authority. As a part of the lease requirements, Roanoke County developed a master plan for the park. The master plan laid out a detailed approach to providing recreational amenities through public and private offerings to develop the park into a destination for local citizens and tourists from outside of Virginia's Blue Ridge. In 2016, the Roanoke County Board of Supervisors approved the Adventure Plan for Explore Park, which outlined the direction for the park's development. As a part of the Adventure Plan and Business Plan for Explore Park, it outlined the public-private partnerships necessary for the park to develop into a destination facility. To date, Roanoke County has brought cabins, yurts, camping, food and beverage with -Inns and Twin Creeks Brewing Co. to Explore course in July of 2019. In November of 2019, Roanoke County will introduce Illuminights, a walking Christmas lights display in partnership with Center In the Square Page 1 of 2 as the signature event for Explore Park. There are still several components of the Adventure Plan that need to be implemented such as additional permanent cabins and a RV park. These types of investments need to have public water and sewer in close proximity to decrease development costs for private partners. DISCUSSION: Roanoke County has negotiated an agreement to acquire approximately 2.0 acres from Elizabeth Austin Talbott for $50,000. The parcel (Tax Map No. 080.00-05-19.02-0000) is located in the Vinton Magisterial District and lies within Explore Park at 30 Chestnut Ridge Road. The topography lends itself for development of a RV campground, permanent cabins and or additional camping structures. The parcel is located adjacent to the public water and sewer system on Chestnut Ridge Road. Roanoke County will market the site for additional public-private partnerships for the continued imple The property has a 952 square foot dwelling on the property that was built in 1950. The dwelling is in ill repair. Roanoke County plans to demolish the dwelling. The current 2019 property assessment for the parcel is $41,800. Roanoke County has conducted a Phase 1 Environmental Study and a Title Exam for the property. There were no findings from the reports. FISCAL IMPACT: The funding for the $50,000 land purchase is available from Parks, Recreation and Tourism's Fee Class Account. STAFF RECOMMENDATION: Staff recommends approval of the first reading of the ordinance and scheduling the second reading for December 10, 2019. 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 19, 2019 ORDINANCE APPROVING THE PURCHASE OF 30 CHESTNUT RIDGE ROAD (TAX MAP NUMBER 080.00-05-19.02-0000) FROM ELIZABETH AUSTIN TALBOTT AND AUTHORIZING THE EXECUTION OF A CONTRACT OF PURCHASE WHEREAS, Elizabeth Austin Talbott owns one parcel of real estate property situated on 30 Chestnut Ridge Road, Roanoke County, Virginia, bearing Official Tax Map Numbers 080.00-05-.02-0000, which contains 2.0 acres; and WHEREAS, Elizabeth Austin Talbott is desirous of selling the Property to the County of Roanoke (the "County") and the County is desirous of acquiring the Property for the purposes of developing, constructing, operating and maintaining a public park and trail system; and WHEREAS, a purchase agreement has been prepared between Elizabeth Austin Talbott and the County, providing f a total purchase price of $50,000 for the above-mentioned parcel located at 30 Chestnut Ridge Road; and WHEREAS, this ordinance authorizes the purchase of 30 Chestnut Ridge Road parcel, upon the terms and conditions set out in the above-mentioned Purchase Agreement; and WHEREAS, Section 18.04 of the Roanoke County Charter directs the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading for this ordinance was held on November 19, 2019. The second reading of this ordinance was held on December 10, 2019. Page 1 of 2 NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the purchase of a 2.0 acre parcel located 30 Chestnut Ridge Road (Tax Map Number 080.00-05-19.02-0000) from Elizabeth Austin Talbott, upon certain terms and conditions as set forth in a Purchase Agreement, is hereby approved and authorized; and 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. Page 2 of 2 Prepared by: Peter S. Lubeck Acting County Attorney VSB #71223 Office of the County Attorney 5204 Bernard Drive Roanoke, VA 24018 Exemptions claimed: Grantee is exempted from recordation taxes and fees pursuant to §17.1-266, §17.1-279, §58.1-811(A)(3), and §58.1-811(C)(4), Code of Virginia (1950). Parcel Identification No. 080.00-05-19.02-0000 Property Owner: Elizabeth Austin Talbott Consideration: $50,000.00 Assessed Value: $41,800.00 THIS DEED is entered into this ________ day of _______________ 2019, by and between ELIZABETH AUSTIN TALBOTT the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia WITNESSETH: WHEREAS, the Grantor and Grantee entered into an Agreement of Sale and Purchase dated __________________, 2019, (, a copy of which Agreement is attached hereto and made a part hereof as Exhibit A, whereby the Grantor agrees to convey to Grantee, and Grantee agrees to purchase upon certain terms and conditions stated in the Agreement, certain property owned by Grantor, designated as 30 Chestnut Ridge Road in Roanoke County, Virginia, with Tax Map No. 080.00-05-19.02-0000, and being further described as: New Lot A, containing 2.00 acres, and being more particularly shown on Plat of Family Conveyance Subdivision for Raymond A. Martin, made and sealed by John E. Ramsey, Land Surveyor, dated February 18, 2003, revised April 21, 2003, and uit Court of Roanoke County, Virginia in Plat Book 26, Page 126. 1 NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of FIFTY THOUSAND DOLLARS ($50,000.00), paid by the Grantee to Grantor, receipt of which is hereby acknowledged, and the above recitals which are incorporated by reference herein, Grantor does hereby GRANT AND CONVEY to Grantee, its successors, and assigns, the parcel identified as Tax Map No. 080.00-05-19.02-0000, and as further described above. The conveyance is made subject to all terms, conditions, and limitations set forth in the Agreement, all of which terms, conditions, and limitations are incorporated herein by reference. 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. 2 WITNESS the following signature and seal: GRANTOR: __________________________________________ Elizabeth Austin Talbott STATE OF __________________________________ ) CITY/ COUNTY OF___________________________ ) to-wit: The foregoing instrument was acknowledged before me this ________ day of ____________________ 2019 by Elizabeth Austin Talbott. My commission expires: ________________________ __________________________________________ Registration No. __________ Notary Public 3 GRANTEE: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA __________________________________________ By: STATE OF __________________________________ ) CITY/ COUNTY OF___________________________ ) to-wit: The foregoing instrument was acknowledged before me this ________ day of Roanoke, Virginia. My commission expires: ________________________ __________________________________________ Registration No. __________ Notary Public Approved as to Form: __________________________________ County Attorney 4 EXHIBIT A 5 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 19, 2019 AGENDA ITEM: Ordinance authorizing the granting of a new variable width dam and stormwater maintenance easement to the Board of Supervisors of Roanoke County, on property owned by the Roanoke County Public School Board, located at 500 Titan Trail, in the Windsor Hills Magisterial District, and authorizing a Memorandum of Understanding for the Hidden Valley Regional Stormwater Maintenance Facility, between the Roanoke County Public School Board and the Roanoke County Board of Supervisors SUBMITTED BY: Tarek Moneir Acting Director of Development Services APPROVED BY: County Administrator ISSUE: This is an ordinance accepting an easement from the Roanoke County School Board, and authorizing approval of a Memorandum of Understanding with the Roanoke County School Board, for the Regional Stormwater Management Facility located at 500 Titan Trail (Hidden Valley High School) BACKGROUND: During construction of the Hidden Valley High School, Roanoke County (County) partnered with the Roanoke County Public Schools (Public Schools) to construct a regional stormwater management facility (Regional Facility) at the site of the school. This facility serves to lessen downstream flooding and collects sediment, which improves downstream water quality. Since this facility serves the citizens of the County and it is not related to school activities, the County has always maintained and operated it based on a verbal agreement between the County and Public Schools. Page 1 of 2 DISCUSSION: This facility is regulated by the Virginia Department of Conservation and Recreation, Division of Dam Safety and Floodplains. Recently, the County renewed its State certificate to operate the dam at this facility. During this recertification process, the lic School property. agreement between the County and Public Schools, as they relate to the regional stormwater management facility, staff has worked with Public Schools to obtain an easement, and a Memorandum of Understanding. These documents give the County The County has always taken responsibility for this facility since its construction. The easement and Memorandum of Understanding formalize the current verbal There have been no changes since the first reading held on November 6, 2019. FISCAL IMPACT: There is no new fiscal impact to the County. The County is currently maintaining the facility. Acceptance of the easement and approval of the memorandum of understanding will not result in any additional costs to the County. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance. Page 2 of 2 Prepared by: Peter S. Lubeck Sr. Assistant County Attorney VSB #71223 Office of the County Attorney 5204 Bernard Drive Roanoke, VA 24018 Exemption claimed: Grantor and Grantee are 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. 76.20-06-16.00-0000 86.07-01-01.00-0000 86.08-04-33.00-0000 VARIABLE WIDTH DAM AND STORMWATER MAINTENANCE EASEMENT THIS DEED OF EASEMENT is entered into this ________ day of ______________ 2019, by and between THE ROANOKE COUNTY SCHOOL BOARD, Grantor, and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, Grantee. RECITALS WHEREAS, in 2002, pursuant to the Roanoke Valley Regional Storm Water Management Master Plan, and with the Gra regional storm water management facility Regional Facility), which is located on the property of Hidden Valley High School at 500 Titan Trail, Roanoke, VA 24018; and WHEREAS, the Regional Facility includes a dam that is regulated by the VA Department of Conservation and Recreation, Division of Dam Safety and Floodplain Management; and WHEREAS, since its construction of the Regional Facility, the Grantee, with the ermission, has inspected and maintained the Regional Facility; and Page 1 of 4 WHEREAS, the Grantee is presently willing to continue to inspect and assist the Grantor in maintaining the Regional Facility, and the Grantor desires for Grantee to continue to do so; and WHEREAS, the parties have agreed that Grantor should convey an easement to Grantee to enable Grantee to continue to perform such inspections and maintenance. W I T N E S S E T H NOW THEREFORE, for good and valuable consideration in the sum of Ten Dollars ($10.00), paid in hand at and with the execution and delivery of this Deed, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, Grantors do hereby GRANT and CONVEY unto the Grantee, its successors and assigns, a variable width dam and stormwater pond maintenance easement as shown on the plat (containing (796,228.22 SF) Being Conveyed to Board of Supervisors of Roanoke County by Roanoke County School Board, Roanoke County Tax Map Parcel # 76.20-06-16.00-0000, 86.07-01- 01.00-0000 & #86.08-04-33.00-0000, Situated Along Titan Trail, S.W., Windsor Hills ke County Department of Community Development and dated May 14, 2019, such plat being attached hereto The easement being for the maintenance of the Regional Facility, and to allow for necessary access, grading and storage during any phase of construction, reconstruction, repair or replacements of the improvements to dam and creek, the location of which is set forth on Exhibit A. The Grantee agrees to restore and repair any actual damage to Grantor property that may be directly caused by construction, reconstruction, or maintenance except as hereinafter provided. Page 2 of 4 The Grantors agree that the Grantee will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, and that the Grantors will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents have the right to inspect the easement herein granted and to cut, clear, and remove all trees, shrubbery, undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement that in any way endanger or interfere with the proper use of the same. The Grantors covenant that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantors acknowledge that the plans and maintenance requirements as they affect Grantorss. The Grantors covenant and agree for themselves, and for their successors and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement area. The grant and provision of this Deed of Easement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. WITNESS the following signatures and seals: Page 3 of 4 THE ROANOKE COUNTY SCHOOL BOARD By____________________________________ Title___________________________________ State of Virginia County/City of , to-wit: The foregoing instrument was acknowledged before me this day of _______________ 2019, by ______________________, on behalf of the Roanoke County School Board. _______________________________________ Notary Public My commission expires: _______________ BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By____________________________________ , County Administrator State of Virginia County of Roanoke, to-wit: The foregoing instrument was acknowledged before me this ________ day of ______________ 2019, by , County Administrator, on behalf of the Board of Supervisors of Roanoke County. _______________________________________ Notary Public My commission expires: _______________ Approved as to form: _______________________________ County Attorney Page 4 of 4 MEMORANDUM OF UNDERSTANDING FOR MAINTENANCE OF THE REGIONAL STORMWATER MANAGEMENT FACILITY LOCATED AT 500 TITAN TRAIL THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered this ____________ day of ____________ 2019, by and between THE ROANOKE COUNTY SCHOOL OF Purpose of the Memorandum WHEREAS, in 2002, pursuant to the Roanoke Valley Regional Storm Water Management has constructed a regional storm the property of Hidden Valley High School at 500 Titan Trail, Roanoke, VA 24018. The location and boundaries of the Regional Facility are shown on the plat (containing 4 sheets) entitled Regional Stormwater Management Facility Maintenance Easement (796,228.22 SF) Being Conveyed to Board of Supervisors of Roanoke County by Roanoke County School Board, Roanoke County Tax Map Parcel # 76.20-06-16.00-0000, 86.07-01-01.00-0000 & #86.08- 04-33.00-0000, Situated Along Titan Trail, S.W., Windsor Hills Magisterial District, Roanoke dated July 2Exhibit A incorporated herein; and WHEREAS, the Regional Facility generally includes: The dam that consists of the earthen embankment that spans across Mud Lick Creek, which includes the 24 inch diameter ductile iron low flow pipe and the three 12-1/2 foot diameter structural steel culverts (emergency spillway) that carries water through the Page 1 of 6 embankment; and the stone rip rap plunge pool on the downstream side of the embankment; The area downstream of the dam that conveys floodwaters to the point where they reenter the stream. This area is underlain with earth reinforcing fabric; The impoundment area located upstream from the dam that contains ponded water during high stream flow events; The three 60-inch diameter corrugated metal pipes that connect the sediment forebay to the impoundment area; and The sediment forebay that is located at the upstream entrance to the impoundment area; and WHEREAS, the dam is regulated by the VA Department of Conservation and Recreation , Division of Dam Safety and Floodplain Management, and DCR has issued an Operation and Maintenance Certificate for the dam to the County; and WHEREAS, since its construction of the Regional Facility, the County, with the School Board WHEREAS, the County is willing to continue to inspect and assist the School Board in maintaining the Regional Facility, and the School Board desires for the County to continue to do so; and WHEREAS, the parties have agreed that School Board will convey an easement to the County to enable the County to continue to perform such inspections and maintenance; and WHEREAS, the purpose of this MOU is to set forth the responsibilities of the parties, the sharing of maintenance costs, and to establish procedures for amendment and termination of this MOU. NOW THEREFORE, the School Board and the County agree as follows: A. Responsibilities of the School Board The School Board shall be responsible for: Page 2 of 6 1. Maintaining Titan Trail, the 8-foot wide asphalt trail, other surface features, and underground utilities that are located on the dam embankment; 2. Maintaining all storm drainage systems that drain into the facility from the school and the bioretention facility that serves the school (that is located within the Regional Facility); 3. Any mowing that is performed for aesthetic, or other purposes that are unrelated to the proper operation of the Regional Facility (the County will mow the Dam embankment at least once a year, and may elect to mow other areas within the Regional Facility to facilitate other maintenance; all other mowing will be the responsibility of the School Board). The School Board acknowledges that earth reinforcement fabric has been installed within the Regional Basin, downstream from the dam, for the purpose of preventing soil erosion during high-flow events where water flows through the emergency spillway, and that this fabric may be damaged by close mowing. The School Board acknowledges that if the fabric is so damaged, that it will be solely responsible for the costs of repair; 4. Repairing stream channel erosion and other stream flood damage; and 5. Addressing all aesthetic issues, including but not limited to graffiti removal. B. Responsibilities of the County The County shall be responsible for: 1. Holding and maintaining the dam Operation and Maintenance Certificate issued by DCR. 2. Complying with Virginia Dam Safety Regulations and operating the dam in accordance with its Certificate. Page 3 of 6 3. Performing routine maintenance of the Regional Facility to ensure proper functioning of the dam in conformance with Dam Safety Regulations, including but not limited to periodically removing sediment from the impoundment area, mowing of the embankment located adjacent to Titan Trail for the sole purpose of keeping the embankment clear of woody plants (as noted above), and repairing riprap and other storm drainage facilities that convey water through the dam embankment. C. Cost-Sharing The parties acknowledge that if the Regional Facility had not been constructed by the County, there still would have been a need to construct an embankment to carry Titan Trail across Mud Lick Creek, and there would have further been a need to construct drainage structures to carry the flow from Mud Lick Creek through the embankment. Therefore, it is agreed that in the event that repair or replacement of the 24 inch diameter ductile iron pipe, the three 12-1/2 foot diameter structural steel culverts, or the embankment is necessary (as determined by the County Engineer), that the costs of such repair or replacement will be shared by both parties; each party agrees to contribute fifty (50 %) percent of the total cost of such infrastructure repair or replacement. D. Amendments and Modifications This MOU may be amended at any time by mutual consent of the parties, in writing. E. Termination This MOU may be terminated by either party upon giving 180 days written notice. In the event that the MOU is terminated by the School Board, the School Board agrees to accept Page 4 of 6 transfer of the responsibility of the Operation and Maintenance Certificate for the dam from the County to the School Board. F. Effective Date This MOU shall become effective upon the endorsement of the parties as well as adoption of applicable ordinances and recordation of the proposed deed of easement, in which the School Board grants the County an easement to enter upon and maintain the Regional Facility. FOR THE ROANOKE COUNTY SCHOOL BOARD: By __________________________________ Printed name:________________________ Title: ________________________________ STATE OF VIRGINIA, CITY/COUNTY OF ____________________, to-wit: The foregoing instrument was acknowledged before me this __________ day of ______________________ 2019, by ______________________ on behalf of the Roanoke Count School Board. ______________________________Notary Public Registration Number: _____________________ My commission expires: ___________________ Page 5 of 6 Approved as to Form: BOARD OF SUPERVISORS OF COUNTY OF ROANOKE, VIRGINIA _______________________________ By __________________________________ Office of the County Attorney County Administrator STATE OF VIRGINIA, CITY/COUNTY OF ____________________, to-wit: The foregoing instrument was acknowledged before me this __________ day of ______________________ 20 , by Administrator on behalf of the Board of Supervisors of the County of Roanoke, Virginia. ______________________________Notary Public Registration Number: _____________________ My commission expires: ___________________ Page 6 of 6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 19, 2019 ORDINANCE AUTHORIZING THE GRANTING OF A NEW VARIABLE WIDTH DAM AND STORMWATER MAINTENANCE EASEMENT TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, ON PROPERTY OWNED BY THE ROANOKE COUNTY PUBLIC SCHOOL BOARD, LOCATED AT 500 TITAN TRAIL (TAX MAP NOS. 76.20-06-16.00-0000; 86.07-01-01.00-0000; 86.08-04-33.00-0000), IN THE WINDSOR HILLS MAGISTERIAL DISTRICT AND AUTHORIZING A MEMORANDUM OF UNDERSTANDING, FOR THE HIDDEN VALLEY REGIONAL STORMWATER MANAGEMENT FACILITY, BETWEEN ROANOKE COUNTY PUBLIC SCHOOL BOARD AND THE ROANOKE COUNTY BOARD OF SUPERVISORS WHEREAS, in 2002, pursuant to the Roanoke Valley Regional Storm Water Management Master Plan, and with the permission, the County which is located on the property of Hidden Valley High School at 500 Titan Trail, Roanoke, VA 24018; and WHEREAS, the Regional Facility includes a dam that is regulated by the Virginia Department of Conservation and Recreation, Division of Dam Safety and Floodplain Management; and WHEREAS, since its construction of the Regional Facility, the County, with the permission, has inspected and maintained the Regional Facility; and WHEREAS, the County is presently willing to continue to inspect and assist the Public Schools in maintaining the Regional Facility, and the School Board desires for the County to continue to do so; and Page 1 of 2 WHEREAS, the School Board and the County have agreed that the School Board should convey an easement to the County to enable the County to continue to perform such inspections and maintenance; and WHEREAS, the first reading of this ordinance was held on November 6, 2019, and the second reading was held on November 19, 2019. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the receipt of a new variable width dam and stormwater maintenance easement on property located at 500 Titan Trail (Tax Map Nos. 76.20-06-16.00- 0000; 86.07-01-01.00-0000; 86.08-04-33.00-0000), in the Windsor Hills Magisterial District, from the Roanoke County Public School Board, is hereby authorized and approved. 2. That the County Administrator, or any Assistant County Administrator, either of whom may act, are authorized to execute, deliver and record the deed and a memorandum of understanding , and any other documents on behalf of the County, and to take all such further action as any of them may deem necessary or desirable in connection with this project. 3. That this ordinance shall be in full force and effect upon its final passage. Page 2 of 2 ACTION NO. ITEM NO. G.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 19, 2019 AGENDA ITEM: Ordinance approving a greenway easement to Roanoke County on property owned by Mattie Oliver Bower (Tax Map No. 36.00-01-03-0000) for the purpose of the Hinchee Trail SUBMITTED BY: Doug Blount Director of Parks Recreation and Tourism APPROVED BY: County Administrator ISSUE: Ordinance approving a greenway easement from Mattie Oliver Bower on Tax Map No. 36.00-01-03-0000 for the Hinchee Trail BACKGROUND: Hanging Rock Battlefield Trail is a rail-trail project that 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 and 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 linkage 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 Cove Reservoir. The reservoir and lands immediately surrounding it, approximately 1,100 acres, are owned and operated by the Western Virginia Water Authority; the Page 1 of 3 remaining lands above the 1,200-foot contour are owned and managed by the City of 363 acres in 2008 and 2009 and are held by Virginia Outdoors Foundation 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. 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 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. On December 19, 2017, the Roanoke County Board of Supervisors approved and appropriated grants in the amount of $93,532 from Virginia Land Conservation Fund (VLCF) and Preservation Trust Fund for this project. On November 20, 2018, the Roanoke County Board of Supervisors approved the purchase of 1.706 acres of land from the Margaret R. Hinchee Revocable Living Trust and Lloyd M. Hinchee Revocable Living Trust for this project. On May 14, 2019, The Roanoke County Board of Supervisors approved the donation of 252.857 acres of land from the Pathfinders for Greenways and Hinchee & Pace, LLC for the creation of Hinchee Park. DISCUSSION: Ms. Mattie Oliver Bower has agreed to provide a greenway easement for the Hinchee - each side measured from the center line of Brushy Mountain Road (private) to operate, inspect, use, monitor, maintain, repair or replace as a public trail for purposes of ingress and egress from Timberview Road to the property of Grantee and Carvins Cove Natural Reserve. The greenway easement on the property will be upon, over, through and across that portion of the property shown as 0.06662 +/- acre (2,882+/- Sf. Ft.). Roanoke County is responsible for the maintenance of the greenway easement. The approval of this easement is the final step in completing the grant process for the Hinchee Trail project. Page 2 of 3 There have been no changes since the first reading on November 6, 2019. FISCAL IMPACT: The purchase price for the greenway easement is $1,065. The purchase price was determined by taking the assessed value per acre of the property and multiplying that value by the acreage in the surveyed area of the easement documented on the plat. The easement is part of the Virginia Land Conservation Fund grant that was approved by the Roanoke County Board of Supervisors on December 17, 2018. The easement cost will be reimbursed fifty percent (50%) by the VLCF grant at $532.50. The remaining account. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance. Page 3 of 3 Tax Map ## 036.00-01-03, 025.00-01-09 Prepared by and Return to: 025.00-01-10, 025.00-01-44, 025.00-01-45 David B. Bullington, Esq. 025.00-01-47, 025.00-01-49, 036.00-01-02; The Bullington Law Firm, P.C. & 036.00-01-05 (VSB #28074) 5461 Fallowater Lane, Suite B Roanoke, Virginia 24018 This Deed is Exempt from Recordation Taxes pursuant to Va. Code §§ 58.1-811(A (3) and 58.1-811(C)(4) THIS DEED OF EASEMENT, is made as of this _____ day of August 2019, between MATTIE OLIVER BOWER (hereinafter referred to as the and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA (hereinafter referred to as the Grantee), WITNESSETH: WHEREAS, Grantee is the owner of approximately 235 acres of land on Brushy Mountain, which was acquired for recreational purposes for the Hinchee Trail and Park, and having tax map numbers 025.00-01-09.00-0000, 025.00-01-10.00-0000, 025.00-01-44.00-0000, 025.00-01-45.00-0000, 025.00-01-47.00-0000, 025.00-01-49.00-0000, 036.00-01-02.00-0000, and 036.00-01-05.00-0000; and WHEREAS, Roanoke County, as owner of 235 acres on Brushy Mountain has certain rights of entry, conveyed with title to the aforesaid property, via Virginia Deer Road and Brushy Mountain Road; and WHEREAS, Roanoke County wishes to use Brushy Mountain Road and Virginia Deer Road as a greenway trail for recreational use and will maintain a gate at the current location where Virginia Deer Road ends at Brushy Mountain Road; and WHEREAS, the Hinchee Trail is identified in the 2018 update to the Roanoke Valley Greenway Plan, endorsed by the Cities of Roanoke and Salem, Counties of Botetourt and Roanoke, and Town of Vinton, as a recreational connection between the Hanging Rock Battlefield Trail and Carvins Cove Natural Reserve; and WHEREAS, Grantor is the owner of the real property and improvements adjoining Virginia Deer Road and having tax map number 36.00-01-03 as shown on the below described Plat; and 1 WHEREAS, Grantee has requested, and the Grantor has agreed to, the conveyance of a perpetual greenway easement on and along Virginia Deer Road for public use as a recreational trail over that portion of Grantor's property as set forth herein. NOW THEREFORE, FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($ 1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby GRANTS and CONVEYS with General Warranty and Modern English Covenants of Title unto the Grantee, its successor and assigns, the following described easement, in the County of Roanoke, Virginia, to wit: A PERPETUAL GREENWAY EASEMENT, herein referred to as the , being 50-feet wide, i.e. 25-feet wide on each side measured from the center line of Virginia Deer Road (private), to operate, inspect, use, monitor, maintain, repair or replace a PUBLIC ACCESS TRAIL, hereinafter referred to as , for purposes of ingress and egress from Timberview Road to the property of Grantee and Carvins Cove Natural Reserve. The Greenway Easement on the property of Grantor will be upon, over, through, and across that portion of the property of Grantor shown as "0.06662 +/- ACRE (2,882+/- Sf. Ft.) NEW ACCESS EASEMENT FOR TRAIL" as shown on that Easement Plat for Roanoke County, Virginia, Showing Access Easements Along Hinchee Trail, which Plat is attached hereto and incorporated herein as Exhibit "A". Said Greenway Easement shall be subject to the terms and conditions stated below. 1. The Grantor hereby grants to the Grantee and the general public free access to and recreational use of the Hinchee Trail within the Greenway Easement subject to the laws and ordinances of Roanoke County, for the purposes including but not limited to: walking, jogging, hiking, bicycle riding, horseback riding, and nature study. There shall be no access by the Grantee or the public at-large granted by this Greenway Easement to any property of the Grantor other than the Greenway Easement and Hinchee Trail described and conveyed herein on Exhibit A. The general public shall have no right to construct or improve any portion of the Greenway Easement and Hinchee Trail. 2. The Greenway Easement herein conveyed shall be appurtenant to the s over which it runs and shall convey to the Grantee and its successors and assigns the perpetual right for public use of the Greenway Easement for the purposes set forth herein, including to install and maintain improvements, and the right to go on, over 2 and upon the said Greenway Easement for the purposes of installing, maintaining, repairing and replacing the improvements necessary for the Hinchee Trail. 3. Public access to the Hinchee Trail with any type of motor vehicle, including but not limited to motorcycles, four-wheel drives, motor bikes, mopeds, ATVs, and snowmobiles, shall be prohibited, except to the extent that vehicles are necessary for accessibility per the Americans with Disabilities Act of 1990. Grantee and its agents may use motorized vehicles for construction, inspection, emergency calls, maintenance, or reconstruction of the Hinchee Trail within the Greenway Easement. 4. Public parking along Virginia Deer Road on the Greenway Easement shall be prohibited. 5. The Grantor shall retain the right to use Virginia Deer Road and the land subject to the Greenway Easement acquired herein in any legal manner which shall not prevent the use and enjoyment of the Hinchee Trail. 6. The Grantor shall not erect any building, fence, sign, guardrail, or other structure over the easement so as to render the Greenway Easement inaccessible, except that fences and gates may be erected and/ or maintained with the mutual consent of the Grantor and Grantee. 7. There shall be no excavation, dredging, or dumping of ashes, garbage, tires, waste, brush or other unsightly or offensive material within the Greenway Easement by the Grantor or Grantee, or by their agents or licensees. 8. Any construction by the Grantor of roads or driveways within the Greenway Easement or crossing the Hinchee Trail must be approved by the Grantee and designed in coordination with the Grantee to facilitate a safe and convenient crossing of the road or driveway by Hinchee Trail users. 9. The Grantor shall have no maintenance responsibility for the Hinchee Trail within the Greenway Easement. 10. The Grantee may erect within the Greenway Easement markers, kiosks, vehicle control barriers, signage, fences, gates, and other trail-related appurtenances as deemed necessary for preservation of the Greenway Easement, use and management of the Hinchee Trail, and safety of the Trail users, to the extent that such amenities do not interfere with vehicular access to the Grantors property. 3 11. The Grantee and its agents shall have the right to inspect the Greenway Easement and to cut, clear, and remove undergrowth, obstructions, or improvements lying within or upon the easement that endanger or interfere with the proper use of the same. 12. The Grantee shall have the right and duty to ensure maintenance of the Hinchee Trail. 13. The Grantor shall have the right to ensure maintenance of Virginia Deer Road. 14. The Grantee shall not deny the Grantor access to the Hinchee Trail or Greenway Easement. 15. The Grantee agrees to defend, indemnify, and hold harmless Grantor from and against any and all claims, demands, actions, damages, losses, and liabilities to the extent permitted by the law and without waiving any claim of sovereign immunity. However, the Grantor shall not be held harmless from liability caused by the active conduct or acts of the Grantor, its agents, invitees, or contractors which violate the terms and conditions of this Deed of Easement. 16. The covenants agreed to and the terms, conditions, and restrictions imposed herein shall be binding upon the Grantor and its agents, heirs, and assigns and shall continue as a servitude running in perpetuity with the described land. The Grantor agrees that the terms, conditions, and restrictions of this Greenway Easement will be inserted by it in any subsequent deed or other legal instrument by which it divests itself of either the fee simple title to, or of its possessory interest in, the subject property. 17. Should the Grantee or its assigns or successors-in-interest cease to develop, operate, or maintain the Hinchee Trail, the Grantor may request that the Greenway Easement be vacated. Grantee or its assigns or successors-in-interest shall not unreasonably withhold approval of such request. WITNESS the following signatures and seals: 4 GRANTOR: ______________________________________ Mattie Oliver Bower, by Carolyn S. Bowman, her attorney in fact (SEAL) COMMONWEALTH OF VIRGINIA ) COUNTY OF ROANOKE ) to-wit: The foregoing instrument was acknowledged before me this _____ day of August 2019, by Carolyn S. Bowman, attorney in fact for Mattie Oliver Bower. ________________________________________ Notary Public My commission expires:____________________ Registration No.: _________________________ 5 Dan O'Donnell, County Administrator, executes this instrument on behalf of the Board of Supervisors of Roanoke County, Virginia, pursuant to Ordinance No. _____________________adopted by said Board of Supervisors on ___________________. ___________________________________________ Dan O' Donnell, County Administrator COMMONWEALTH OF VIRGINIA ) COUNTY OF ROANOKE ) to-wit: The foregoing instrument was acknowledged before me this ____ day of ____________, 2019, by Dan O' Donnell, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. ________________________________________ Notary Public My commission expires:____________________ Registration No.: _________________________ 6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 19, 2019 ORDINANCE APPROVING A GREENWAY EASEMENT TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY ON PROPERTY OWNED BY MATTIE OLIVER BOWER (TAX MAP NO. 036.00-01-03.00-0000) FOR PURPOSE OF THE HINCHEE TRAIL WHEREAS, the Hinchee Trail is an identified project in the 2018 update to the Roanoke Valley Greenway Plan as a recreational connection between the Hanging Rock Battlefield Trail and Carvins Cove Natural Reserve; and WHEREAS, Mattie Oliver Bower has agreed to provide a wide greenway easement for the Hinchee Trail over a portion of her property located at 1904 Timberview Road, Tax Map No. 036.00-01-03.00-0000, in exchange for $1,065; and WHEREAS, the approval of this easement is the final step in completing the grant process for the Hinchee Trail project; and WHEREAS, the easement cost will be reimbursed by fifty percent (50%) by the Virginia Land Conservation Fund (VLCF) grant in the amount of $532.50; and WHEREAS, the remaining $532.50 is available through the Roanoke County matching funds in the grant project account; 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 6, 2019. The second reading of this ordinance was held on November 19, 2019. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. The conveyance of an easement to the Roanoke County Board of Supervisors from Mattie Oliver Bower in exchange for $1,065 across property situated along 1904 Timberview Road, in Roanoke County, Virginia (Catawba Magisterial District), bearing Tax Map No. 036.00-01-03.00-0000 is hereby approved. 2. Per the agreement of the parties, Roanoke County will be responsible for maintenance of the greenway easement. 3. The County Administrator, or any Assistant County Administrator, is hereby authorized, on behalf of the County, to execute and then deliver the Deed of Easement and any other necessary documents in furtherance of same. Page 2 of 2 ACTION NO. ITEM NO. G.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 19, 2019 AGENDA ITEM: Ordinance approving a greenway easement to Roanoke County on property owned by David L. Kinsey and Frank C. Kinsey (Tax Map No. 025.00-01-08.00-0000) for purpose of the Hinchee Trail SUBMITTED BY: Doug Blount Director of Parks Recreation and Tourism APPROVED BY: County Administrator ISSUE: Ordinance approving a greenway easement from David L. Kinsey and Frank C. Kinsey for development of Hinchee Trail on Tax Map No. 025.00-01-.08.00-0000 BACKGROUND: Hanging Rock Battlefield Trail is a rail-trail project that 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 and 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 linkage 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 Cove Reservoir. The reservoir and lands immediately surrounding it, approximately 1100 acres, are owned and operated by the Western Virginia Water Authority; the Page 1 of 3 remaining lands above the 1,200-foot contour are owned and managed by the City of servation easements were placed on 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. 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 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. On December 19, 2017, the Roanoke County Board of Supervisors approved and appropriated grants in the amount of $93,532 from Virginia Land Conservation Fund (VLCF) and Preservation Trust Fund for this project. On November 20, 2018, the Roanoke County Board of Supervisors approved the purchase of 1.706 acres of land from the Margaret R. Hinchee Revocable Living Trust and Lloyd M. Hinchee Revocable Living Trust for this project. On May 14, 2019, The Roanoke County Board of Supervisors approved the donation of 252.857 acres of land from the Pathfinders for Greenways and Hinchee & Pace, LLC for the creation of Hinchee Park. DISCUSSION: The Kinsey family has agreed to provide a greenway easement for the Hinchee Trail. - side measured from the center line of Brushy Mountain Road (private) to operate, inspect, use, monitor, maintain, repair or replace as a public trail for purposes of ingress and egress from Timberview Road to the property of Grantee and Carvins Cove Natural Reserve. The greenway easement on the property will be upon, over, through and across that portion of the property shown as 2.4892+/- ACRE (108,441+/- Sq. Ft.) Roanoke County will be responsible for the maintenance of trail through the easement. The Kinsey family will still have access to their property through the Hinchee Trail by vehicle if needed. The approval of this easement is the final step in completing the Page 2 of 3 grant process for the Hinchee Trail project. There have been no changes since the first reading of this ordinance on November 6, 2019. FISCAL IMPACT: The purchase price for the greenway easement is $2,900. The purchase price was determined by taking the assessed value per acre of the property and multiplying that value by the surveyed area of the easement on the plat. The easement is part of the VLCF grant that was approved by the Roanoke County Board of Supervisors on December 19, 2017. The easement cost will be reimbursed by fifty percent (50%) by the VLCF grant at $1,450. The remaining $1,450 is available through the Roanoke County matching funds in the grant project account. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance. Page 3 of 3 Prepared by: Peter Lubeck, Roanoke County Attorney (VSB #71223) 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 This Deed is Exempt from Recordation Taxes pursuant to Va. Code §§ 58.1-811(A (3) and 58.1-811(C)(4) Official Tax Map No.: 025.00-01-08-0000 Property Owners: David L. Kinsey and Frank C. Kinsey THIS DEED OF EASEMENT, is made as of this ____ day of __________2019, between DAVID L. KINSEY AND FRANK C. KINSEY (hereinafter referred to as the sand the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA (Grantee), WITNESSETH: WHEREAS, Grantee is the owner of approximately 235 acres of land on Brushy Mountain, which was acquired for recreational purposes for the Hinchee Trail and Park, and having tax map numbers 025.00-01-09.00-0000, 025.00-01-10.00-0000, 025.00-01-44.00-0000, 025.00-01-45.00-0000, 025.00-01-47.00-0000, 025.00-01-49.00-0000, 036.00-01-02.00-0000, and 036.00-01-05.00-0000; and WHEREAS, Roanoke County, as owner of 235 acres on Brushy Mountain has certain rights of entry, conveyed with title to the aforesaid property, via Virginia Deer Road and Brushy Mountain Road; and WHEREAS, Roanoke County wishes to use Brushy Mountain Road and Virginia Deer Road as a greenway trail for recreational use and will maintain a gate at the current location where Virginia Deer Road ends at Brushy Mountain Road; and WHEREAS, the Hinchee Trail is identified in the 2018 update to the Roanoke Valley Greenway Plan, endorsed by the Cities of Roanoke and Salem, Counties of Botetourt and Roanoke, and Town of Vinton, as a recreational connection between the Hanging Rock Battlefield Trail and Carvins Cove Natural Reserve; and WHEREAS, Grantors are the owner of the real property and improvements on and adjoining Brushy Mountain Road and having tax map number 25.00-01-08-0000 as shown on the below described Plat; and 1 WHEREAS, Grantee has requested, and the Grantors have agreed to, the conveyance of a perpetual greenway easement on and along Brushy Mountain Road for public use as a recreational trail over that portion of Grantors' property as set forth herein; and WHEREAS, the Parties acknowledge that the Grantors have been using Virginia Deer Road and Brushy Mountain Road to access their property located at 025.00-01-08.00-0000, and the Grantee does not object to such continued use. NOW THEREFORE, FOR AND IN CONSIDERATION of the sum of twenty-nine hundred DOLLARS ($2900) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors hereby GRANT and CONVEY with General Warranty and Modern English Covenants of Title unto the Grantee, its successor and assigns, the following described easement, in the County of Roanoke, Virginia, to wit: A PERPETUAL GREENWAY EASEMENT, herein referred to as the , being 50-feet wide, i.e. 25-feet wide on each side measured from the center line of Brushy Mountain Road (private), to operate, inspect, use, monitor, maintain, repair or replace a PUBLIC ACCESS TRAIL, hereinafter referred to as , for purposes of ingress and egress from Timberview Road to the property of Grantee and Carvins Cove Natural Reserve. The Greenway Easement on the property of Grantors will be upon, over, through, and across that portion of the property of Grantors shown as "2.4892+/- ACRE (108,441+/- Sq. Ft.) NEW ACCESS EASEMENT FOR TRAIL" on Parcel # 25.00-01-08-0000, as shown on that Easement Plat for Roanoke County, Virginia, Showing Access Easements Along Hinchee Trail, dated August 30, 2019, prepared by Caldwell White which Plat is attached hereto and incorporated herein as Exhibit "A". Said Greenway Easement shall be subject to the terms and conditions stated below. 1. The Grantors hereby grant to the Grantee and the general public free access to and recreational use of the Hinchee Trail within the Greenway Easement subject to the laws and ordinances of Roanoke County, for the purposes including but not limited to: walking, jogging, hiking, bicycle riding, horseback riding, and nature study. There shall be no access by the Grantee or the public at-large granted by this Greenway Easement to any property of the Grantors other than the Greenway Easement and Hinchee Trail described and conveyed herein on Exhibit A. The general public shall have no right to construct or improve any portion of the Greenway Easement and Hinchee Trail. 2 2. The Greenway Easement herein conveyed shall be appurtenant to the Grantorss over which it runs and shall convey to the Grantee and its successors and assigns the perpetual right for public use of the Greenway Easement for the purposes set forth herein, including to install and maintain improvements, and the right to go on, over and upon the said Greenway Easement for the purposes of installing, maintaining, repairing and replacing the improvements necessary for the Hinchee Trail. 3. Public access to the Hinchee Trail with any type of motor vehicle, including but not limited to motorcycles, four-wheel drives, motor bikes, mopeds, ATVs, and snowmobiles, shall be prohibited, except to the extent that vehicles are necessary for accessibility per the Americans with Disabilities Act of 1990. Grantee and its agents may use motorized vehicles for construction, inspection, emergency calls, maintenance, or reconstruction of the Hinchee Trail within the Greenway Easement. 4. The Grantors shall retain the right to use their land subject to the Greenway Easement acquired herein in any legal manner which shall not prevent the use and enjoyment of the Hinchee Trail. 5. The Grantors shall not erect any building, fence, sign, guardrail, or other structure over the easement so as to render the Greenway Easement inaccessible, except that fences and gates may be erected and/ or maintained with the mutual consent of the Grantors and Grantee. 6. There shall be no excavation, dredging, or dumping of ashes, garbage, tires, waste, brush or other unsightly or offensive material within the Greenway Easement by the Grantors or Grantee, or by their agents or licensees. 7. Any construction by the Grantors of roads or driveways within the Greenway Easement or crossing the Hinchee Trail must be approved by the Grantee and designed in coordination with the Grantee to facilitate a safe and convenient crossing of the road or driveway by Hinchee Trail users. 8. The Grantors may connect their existing and or future trails into Hinchee Trail from their property. 9. The Grantors shall have no maintenance responsibility for the Hinchee Trail within the Greenway Easement. 3 10. The Grantee may erect within the Greenway Easement markers, kiosks, vehicle control barriers, signage, fences, gates, and other trail-related appurtenances as deemed necessary for preservation of the Greenway Easement, use and management of the Hinchee Trail, and safety of the Trail users, to the extent that such amenities do not interfere with access to the Grantors property. 11. The Grantee and its agents shall have the right to inspect the Greenway Easement and to cut, clear, and remove undergrowth, obstructions, or improvements lying within or upon the easement that endanger or interfere with the proper use of the same. 12. The Grantee shall have the right and duty to ensure maintenance of the Hinchee Trail. 13. The Grantors shall have the right to ensure maintenance of their portion of Brushy Mountain Road. This includes access from the Hinchee Trail for tree maintenance and removal . 14. The Grantee shall not deny the Grantors access to the Hinchee Trail or Greenway Easement. 15. The Grantee agrees to defend, indemnify, and hold harmless Grantors from and against any and all claims, demands, actions, damages, losses, and liabilities to the extent permitted by the law and without waiving any claim of sovereign immunity. However, the Grantors shall not be held harmless from liability caused by the active conduct or acts of the Grantors, its agents, invitees, or contractors which violate the terms and conditions of this Deed of Easement. 16. The covenants agreed to and the terms, conditions, and restrictions imposed herein shall be binding upon the Grantors and its agents, heirs, and assigns and shall continue as a servitude running in perpetuity with the described land. The Grantors agree that the terms, conditions, and restrictions of this Greenway Easement will be inserted by it in any subsequent deed or other legal instrument by which it divests itself of either the fee simple title to, or of its possessory interest in, the subject property. 17. Should the Grantee or its assigns or successors-in-interest cease to develop, operate, or maintain the Hinchee Trail, the Grantors may request that the Greenway Easement be vacated. Grantee or its assigns or successors-in-interest shall not unreasonably withhold approval of such request. 4 WITNESS the following signatures and seals: 5 GRANTOR: DAVID L. KINSEY By: ______________________________________ Printed name:______________________________ COMMONWEALTH OF VIRGINIA ) COUNTY OF ROANOKE ) to-wit: The foregoing instrument was acknowledged before me this _____ day of _________ 2019, by ________________________________________________. ________________________________________ Notary Public Signature My commission expires:____________________ (SEAL) Registration No.: _________________________ 6 GRANTOR: FRANK C. KINSEY By: ______________________________________ Printed name:______________________________ COMMONWEALTH OF VIRGINIA ) COUNTY OF ROANOKE ) to-wit: The foregoing instrument was acknowledged before me this _____ day of _________ 2019, by ________________________________________________. ________________________________________ Notary Public Signature My commission expires:____________________ (SEAL) Registration No.: _________________________ 7 GRANTEE: THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA Daniel R. O'Donnell, County Administrator, executes this instrument on behalf of the Board of Supervisors of Roanoke County, Virginia, pursuant to Ordinance No. _____________________adopted by said Board of Supervisors on ___________________. ___________________________________________ Daniel R. O' Donnell, County Administrator COMMONWEALTH OF VIRGINIA ) COUNTY OF ROANOKE ) to-wit: The foregoing instrument was acknowledged before me this _____ day of ______________, 2019, by Daniel R. O' Donnell, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. ________________________________________ Notary Public My commission expires:____________________ Registration No.: _________________________ Approved as to Form: ____________________________ Roanoke County Attorney 8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON WEDNESDAY, NOVEMBER 19, 2019 ORDINANCE APPROVING A GREENWAY EASEMENT TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY ON PROPERTY OWNED BY DAVID L. KINSEY AND FRANK C. KINSEY (TAX MAP NO. 025.00- 01-08.00-0000) FOR PURPOSE OF THE HINCHEE TRAIL WHEREAS, the Hinchee Trail is identified project in the 2018 update to the Roanoke Valley Greenway Plan as a recreational connection between the Hanging Rock Battlefield Trail and Carvins Cove Natural Reserve; and WHEREAS, the Kinsey family has agreed to provide a fifty foot (50 wide greenway easement for the Hinchee Trail over a portion of their property located at 0 Timberview Road, Tax Map No. 025.00-01-08.00-0000, in exchange for $2,900.00; and WHEREAS, the approval of this easement is the final step in completing the grant process for the Hinchee Trail project; and WHEREAS, the easement cost will be reimbursed by fifty percent (50%) by the Virginia Land Conservation Fund (VLCF) grant in the amount of $1,450.00; and WHEREAS, the remaining $1,450.00 is available through the Roanoke County matching funds in the grant project account; 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 6, 2019. The second reading of this ordinance was held on November 19, 2019. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. The conveyance of an easement to the Roanoke County Board of Supervisors from David L. Kinsey and Frank C. Kinsey in exchange for $2,900.00 across property situated along 0 Timberview Road, in Roanoke County, Virginia (Catawba Magisterial District), bearing Tax Map No. 025.00-01-08.00-0000is hereby approved. 2. Per the agreement of the parties, Roanoke County will be responsible for the maintenance of trail through the easement, and the Kinsey family will still have access to their property through the Hinchee Trail by vehicle if needed. 3. The County Administrator, or any Assistant County Administrator, is hereby authorized, on behalf of the County, to execute and then deliver the Memorandum of Understanding and any other necessary documents in furtherance of same. Page 2 of 2 ACTION NO. ITEM NO. G.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 19, 2019 AGENDA ITEM: Ordinance approving a greenway easement to Roanoke County on property owned by Ms. Garnette A. Stewart (Tax Map No. 036.00-01-02.00-0000) for the purpose of the Hinchee Trail SUBMITTED BY: Doug Blount Director of Parks Recreation and Tourism APPROVED BY: County Administrator ISSUE: Ordinance approving a greenway easement from Garnette A. Stewart on Tax Map No. 036.00-01-02.00-0000 for the Hinchee Trail BACKGROUND: Hanging Rock Battlefield Trail is a rail-trail project that 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 and 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 linkage 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 Cove Reservoir. The reservoir and lands immediately surrounding it, approximately 1,100 acres, are owned and operated by the Western Virginia Water Authority; the Page 1 of 3 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. 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 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. On December 19, 2017, the Roanoke County Board of Supervisors approved and appropriated grants in the amount of $93,532 from Virginia Land Conservation Fund and Preservation Trust Fund for this project. On November 20, 2018, the Roanoke County Board of Supervisors approved the purchase of 1.706 acres of land from the Margaret R. Hinchee Revocable Living Trust and Lloyd M. Hinchee Revocable Living Trust for this project. On May 14, 2019, The Roanoke County Board of Supervisors approved the donation of 252.857 acres of land from the Pathfinders for Greenways and Hinchee & Pace, LLC for the creation of Hinchee Park. DISCUSSION: Ms. Garnette A. Stewart has agreed to provide a greenway easement for the Hinchee - side measured from the center line of Brushy Mountain Road (private) to operate, inspect, use, monitor, maintain, repair or replace as a public trail for purposes of ingress and egress from Timberview Road to the property of Grantee and Carvins Cove Natural Reserve. The greenway easement on the property will be upon, over, through and across that portion of the property shown as 1.4082+/- acre (61,341+/- Sq. Ft.). Roanoke County will also be responsible for the snow removal on the greenway ter, Rebecca R. Tran. The approval of this easement is the final step in completing the grant Page 2 of 3 process for the Hinchee Trail project. There have been no changes since the first reading on November 6, 2019. FISCAL IMPACT: The purchase price for the greenway easement is $7,400. The purchase price was determined by taking the assessed value per acre of the property and multiplying that value by the acreage in the surveyed area of the easement documented on the plat. The easement is part of the Virginia Land Conservation Fund grant that was approved by the Roanoke County Board of Supervisors on December 19, 2017. The easement cost will be reimbursed by fifty percent (50%) by the VLCF grant at $3,700. The remaining $3,700 is available through Roanoke County's matching funds in the grant project account. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance. Page 3 of 3 Prepared by: Peter Lubeck, Roanoke County Attorney (VSB #71223) 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 This Deed is Exempt from Recordation Taxes pursuant to Va. Code §§ 58.1-811(A (3) and 58.1-811(C)(4) Official Tax Map Nos.: 036.00-01-04.02-0000 Property Owner: Garnette A. Stewart, also known of record as Garnette Ann Layne Ross AND Official Tax Map No. 036.00-01-02.00-0000 Property Owner: The Board of Supervisors of Roanoke County THIS DEED OF EASEMENT, is made as of this _____ day of ____________ 2019, between GARNETTE A. STEWART, also known of record as GARNETTE ANN LAYNE ROSS (hereinafter referred to as Stewartand the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA (hereinafter referred to as the County). WITNESSETH: WHEREAS, the County is the owner of approximately 235 acres of land on Brushy Mountain, which was acquired for recreational purposes for the Hinchee Trail and Park, and having tax map numbers 025.00-01-09.00-0000, 025.00-01-10.00-0000, 025.00-01-44.00-0000, 025.00-01-45.00-0000, 025.00-01-47.00-0000, 025.00-01-49.00-0000, 036.00-01-02.00-0000, and 036.00-01-05.00-0000; and WHEREAS, the County, as owner of 235 acres on Brushy Mountain, has certain rights of entry, conveyed with title to the aforesaid property, via Virginia Deer Road and Brushy Mountain Road; and WHEREAS, the County wishes to use Brushy Mountain Road and Virginia Deer Road as a greenway trail for recreational use and will maintain a gate at the current location where Virginia Deer Road ends at Brushy Mountain Road; and WHEREAS, the Hinchee Trail is identified in the 2018 update to the Roanoke Valley Greenway Plan, endorsed by the Cities of Roanoke and Salem, Counties of Botetourt and Roanoke, and Town of Vinton, as a recreational connection between the Hanging Rock Battlefield Trail and Carvins Cove Natural Reserve; and 1 WHEREAS, Stewart is the owner of the real property and improvements on and adjoining Virginia Deer Road and Brushy Mountain Road and having tax map number 36.00-01- 04.02-0000 as shown on the below described Plat; and WHEREAS, the County has requested, and Stewart has agreed to, the conveyance of a perpetual greenway easement on and along Virginia Deer Road and Brushy Mountain Road for public use as a recreational trail over that portion of Stewart's property as set forth herein; and WHEREAS, the Parties acknowledge that Stewart has been accessing her above- referenced property by using that portion of Virginia Deer Road, located on tax map no. 036.00- 01-02.00-0000, which is owned by the County. Accordingly, Stewart has likewise requested, and the County has agreed to, the conveyance of a perpetual easement for ingress and egress over 036.00-01-02.00-0000 as set forth herein. NOW THEREFORE, FOR AND IN CONSIDERATION of the sum of seven thousand four hundred DOLLARS ($7,400) and other good and valuable consideration, the receipt of which is hereby acknowledged, Stewart hereby GRANTS and CONVEYS with General Warranty and Modern English Covenants of Title unto the County, its successor and assigns, the following described easement, in the County of Roanoke, Virginia, to wit: A VARIABLE WIDTH PERPETUAL GREENWAY EASEMENT, herein referred to as the , being within and adjacent to those portions of Virginia Deer Road and Brushy Mountain Road (private) that are owned by Stewart, to operate, inspect, use, monitor, maintain, repair or replace a PUBLIC ACCESS TRAIL, for purposes of ingress and egress from Timberview Road to the property of the County and Carvins Cove Natural Reserve. The Greenway Easement on the property of Stewart will be upon, over, through, and across that portion of Stewart shown as "1.4082+/- ACRE (61,341+/- Sq. Ft.) NEW ACCESS EASEMENT FOR TRAIL" on Parcel # 36.00-01-04.02-0000, as shown on sheets 3, 4, and 5 of 9 of the plat entitled "Easement Plats for Roanoke County, Virginia, Showing Access Easements Along Hinchee Trail, Situate prepared and sealed by Frank B. Caldwell, III, dated August 30, 2019, which Plat is attached hereto and incorporated herein as Exhibit "A". Said Greenway Easement shall be subject to the terms and conditions stated below. 1. Stewart hereby grants to the County and the general public free access to and recreational use of the Hinchee Trail within the Greenway Easement subject to the 2 laws and ordinances of Roanoke County, for the purposes including but not limited to: walking, jogging, hiking, bicycle riding, horseback riding, and nature study. There shall be no access by the County or the public at-large granted by this Greenway Easement to any property of Stewart other than the Greenway Easement and Hinchee Trail described and conveyed herein on Exhibit A. The general public shall have no right to construct or improve any portion of the Greenway Easement and Hinchee Trail. 2. The Greenway Easement herein conveyed shall be appurtenant to Stewarts over which it runs and shall convey to the County and its successors and assigns the perpetual right for public use of the Greenway Easement for the purposes set forth herein, including to install and maintain improvements, and the right to go on, over and upon the said Greenway Easement for the purposes of installing, maintaining, repairing and replacing the improvements necessary for the Hinchee Trail. 3. Public access to the Hinchee Trail with any type of motor vehicle, including but not limited to motorcycles, four-wheel drives, motor bikes, mopeds, ATVs, and snowmobiles, shall be prohibited, except to the extent that vehicles are necessary for accessibility per the Americans with Disabilities Act of 1990. The County and its agents may use motorized vehicles for construction, inspection, emergency calls, maintenance, or reconstruction of the Hinchee Trail within the Greenway Easement. 4. Public parking along Virginia Deer Road on the Greenway Easement and public vehicular access to Brushy Mountain Road on the Greenway Easement shall be prohibited. 5. Stewart shall retain the right to use Virginia Deer Road and her portion of Brushy Mountain Road and the land subject to the Greenway Easement acquired herein in any legal manner which shall not prevent the use and enjoyment of the Hinchee Trail. 6. Stewart shall not erect any building, fence, sign, guardrail, or other structure over the easement so as to render the Greenway Easement inaccessible, except that fences and gates may be erected and/ or maintained with the mutual consent of Stewart and the County. 3 7. There shall be no excavation, dredging, or dumping of ashes, garbage, tires, waste, brush or other unsightly or offensive material within the Greenway Easement by Stewart or the County, or by their agents or licensees. 8. Any construction by Stewart of roads or driveways within the Greenway Easement or crossing the Hinchee Trail must be approved by the County and designed in coordination with the County to facilitate a safe and convenient crossing of the road or driveway by Hinchee Trail users. 9. Stewart shall have no maintenance responsibility for the Hinchee Trail within the Greenway Easement. 10. The County may erect within the Greenway Easement markers, kiosks, vehicle control barriers, signage, fences, gates, and other trail-related appurtenances as deemed necessary for preservation of the Greenway Easement, use and management of the Hinchee Trail, and safety of the Trail users, to the extent that such amenities do not interfere with vehicular access to Stewarts property. 11. The County and its agents shall have the right to inspect the Greenway Easement and to cut, clear, and remove undergrowth, obstructions, or improvements lying within or upon the easement that endanger or interfere with the proper use of the same. 12. The County shall have the right and duty to ensure maintenance of the Hinchee Trail. 13. Stewart shall have the right to ensure maintenance of her portion of Virginia Deer Road and of Brushy Mountain Road. 14. The County shall not deny Stewart access to the Hinchee Trail or Greenway Easement. 15. The County agrees to defend, indemnify, and hold harmless Stewart from and against any and all claims, demands, actions, damages, losses, and liabilities to the extent permitted by the law and without waiving any claim of sovereign immunity. However, Stewart shall not be held harmless from liability caused by the active conduct or acts of Stewart, her agents, invitees, or contractors which violate the terms and conditions of this Deed of Easement. 16. The covenants agreed to and the terms, conditions, and restrictions imposed herein shall be binding upon Stewart and her agents, heirs, and assigns and shall continue as a servitude running in perpetuity with the described land. Stewart agrees that the 4 terms, conditions, and restrictions of this Greenway Easement will be inserted by it in any subsequent deed or other legal instrument by which it divests itself of either the fee simple title to, or of her possessory interest in, the subject property. 17. Should the County or its assigns or successors-in-interest cease to develop, operate, or maintain the Hinchee Trail, Stewart may request that the Greenway Easement be vacated. The County or its assigns or successors-in-interest shall not unreasonably withhold approval of such request. 18. The County agrees to provide snow removal services, as such may be required, on the Greenway Easement on Virginia Deer Road , during the life of Garnette A. Stewart and Rebecca R. Tran. IT IS FURTHER AGREED THAT, FOR AND IN CONSIDERATION of the sum of one dollar ($ 1) and other good and valuable consideration, the receipt of which is hereby acknowledged, the County hereby GRANTS and CONVEYS with General Warranty and Modern English Covenants of Title unto Stewart, her successors and assigns, the following described easement, in the County of Roanoke, Virginia, to wit: A PERPETUAL INGRESS AND EGRESS EASEMENT, allowing Stewart the right to access her property located at tax map no. 36.00-01-04.02-0000 by using that portion of Virginia Deer Road that is owned by the County on tax map no. 036.00-01-02.00-0000, as shown on sheet 3 of 9 of Exhibit "A". Said Ingress and Egress Easement shall be limited in scope, and shall allow Stewart to access her property located at tax map nos. 36.00-01-04.02-0000, so long as this property is used only for single-family residential purposes. WITNESS the following signatures and seals: 5 GARNETTE A. STEWART By: ______________________________________ Printed name:_Garnette A. Stewart, also known of record as Garnette Ann Layne Ross COMMONWEALTH OF VIRGINIA ) COUNTY OF ROANOKE ) to-wit: The foregoing instrument was acknowledged before me this _____ day of _________ 2019, by ________________________________________________. ________________________________________ Notary Public Signature My commission expires:____________________ (SEAL) Registration No.: _________________________ 6 THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA Daniel R. O'Donnell, County Administrator, executes this instrument on behalf of the Board of Supervisors of Roanoke County, Virginia, pursuant to Ordinance No. _____________________adopted by said Board of Supervisors on ___________________. ___________________________________________ Daniel R. O' Donnell, County Administrator COMMONWEALTH OF VIRGINIA ) COUNTY OF ROANOKE ) to-wit: The foregoing instrument was acknowledged before me this _____ day of ______________, 2019, by Daniel R. O' Donnell, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. ________________________________________ Notary Public My commission expires:____________________ Registration No.: _________________________ Approved as to Form: ____________________________ Roanoke County Attorney 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 19, 2019 ORDINANCE APPROVING A GREENWAY EASEMENT TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY ON PROPERTY OWNED BY GARNETTE A. STEWART (ALSO KNOWN OF RECORD AS GARNETTE ANN LAYNE ROSS) (TAX MAP NO. 036.00-01-04.02-0000) FOR PURPOSE OF THE HINCHEE TRAIL WHEREAS, the Hinchee Trail is an identified project in the 2018 update to the Roanoke Valley Greenway Plan as a recreational connection between the Hanging Rock Battlefield Trail and Carvins Cove Natural Reserve; and WHEREAS, Garnette A. Stewart has agreed to provide a fifty foot ( wide greenway easement for the Hinchee Trail over a portion of her property located at 1975 Virginia Deer Road, Tax Map No. 036.00-01-04.02-0000, in exchange for $7,400; and WHEREAS, the approval of this easement is the final step in completing the grant process for the Hinchee Trail project; and WHEREAS, the easement cost will be reimbursed by fifty percent (50%) by the Virginia Land Conservation Fund (VLCF) grant in the amount of $3,700; and WHEREAS, the remaining $3,700 is available through the Roanoke County matching funds in the grant project account; 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 6, 2019. The second reading of this ordinance was held on November 19, 2019. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. The conveyance of an easement to the Roanoke County Board of Supervisors from Garnette A. Stewart in exchange for $7,400 across property situated along 1975 Virginia Deer Road, in Roanoke County, Virginia (Catawba Magisterial District), bearing Tax Map No. 036.00-01-04.02-0000 is hereby approved. 2. Per the agreement of the parties, Roanoke County will be responsible for the maintenance of trail through the easement, and Roanoke County will further be responsible for the snow removal on the greenway easement and the R. Tran. 3. The County Administrator, or any Assistant County Administrator, is hereby authorized, on behalf of the County, to execute and then deliver the Deed of Easement and any other necessary documents in furtherance of same. Page 2 of 2 ACTION NO. ITEM NO. G.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 19, 2019 AGENDA ITEM: Ordinance approving a greenway easement to Roanoke County on property owned by Tu Anh and Rebecca R. Tran (Tax Map No. 036.00-01-04.01-0000 and 036.00-01-04.00- 0000) for the purpose of the Hinchee Trail SUBMITTED BY: Doug Blount Director of Parks Recreation and Tourism APPROVED BY: Daniel R. County Administrator ISSUE: Ordinance approving a greenway easement from Tu Anh and Rebecca R. Tran for the Hinchee Trail located on Tax Map No. 036.00-01-04.01-0000 and 036.00-01-04.00-0000 BACKGROUND: Hanging Rock Battlefield Trail is a rail-trail project that 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 and 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 linkage 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 Cove Reservoir. The reservoir and lands immediately surrounding it, approximately Page 1 of 3 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 rks and Recreation Department. Conservation easements were placed on 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. 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 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. On December 19, 2017, the Roanoke County Board of Supervisors approved and appropriated grants in the amount of $93,532 from Virginia Land Conservation Fund and Preservation Trust Fund for this project. On November 20, 2018, the Roanoke County Board of Supervisors approved the purchase of 1.706 acres of land from the Margaret R. Hinchee Revocable Living Trust and Lloyd M. Hinchee Revocable Living Trust for this project. On May 14, 2019, The Roanoke County Board of Supervisors approved the donation of 252.857 acres of land from the Pathfinders for Greenways and Hinchee & Pace, LLC for the creation of Hinchee Park. DISCUSSION: The Tran family has agreed to provide a greenway easement for the Hinchee Trail. The - measured from the center line of Brushy Mountain Road (private) to operate, inspect, use, monitor, maintain, repair or replace as a public trail for purposes of ingress and egress from Timberview Road to the property of Grantee and Carvins Cove Natural Reserve. The greenway easement on the property will be upon, over, through and across that portion of the property shown as Tax Map No. 036.00-01-04.01-0000 and 036.00-01- 04.00-0000. Roanoke County is responsible for the maintenance of the greenway easement. The approval of this easement is the final step in completing the grant process for the Hinchee Trail project. Page 2 of 3 There have been no changes since the first reading held on November 6, 2019. FISCAL IMPACT: The purchase price for the greenway easement is $1,900. The purchase price was determined by taking the assessed value per acre of the property and multiplying that value by the acreage in the surveyed area of the easement documented on the plat. The easement is part of the Virginia Land Conservation Fund (VLCF) grant that was approved by the Roanoke County Board of Supervisors on December 19, 2017. The easement cost will be reimbursed fifty percent (50%) by the VLCF grant at $950. The remaining $950 is available through Roanoke County's matching funds in the grant project account. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance. Page 3 of 3 Prepared by: Peter Lubeck, Roanoke County Attorney (VSB #71223) 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 This Deed is Exempt from Recordation Taxes pursuant to Va. Code §§ 58.1-811(A (3) and 58.1-811(C)(4) Official Tax Map Nos.: 036.00-01-04.01-0000 and 036.00-01-04.00-0000 Property Owners: Tu Anh Tran and Rebecca R. Tran AND Official Tax Map No. 036.00-01-02.00-0000 Property Owner: The Board of Supervisors of Roanoke County THIS DEED OF EASEMENT is made as of this _____ day of _______________2019, between TU ANH TRAN and REBECCA R. TRAN (hereinafter referred to as the Trans and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA (hereinafter County), WITNESSETH: WHEREAS, the County is the owner of approximately 235 acres of land on Brushy Mountain, which was acquired for recreational purposes for the Hinchee Trail and Park, and having tax map numbers 025.00-01-09.00-0000, 025.00-01-10.00-0000, 025.00-01-44.00-0000, 025.00-01-45.00-0000, 025.00-01-47.00-0000, 025.00-01-49.00-0000, 036.00-01-02.00-0000, and 036.00-01-05.00-0000; and WHEREAS, the County, as owner of 235 acres on Brushy Mountain, has certain rights of entry, conveyed with title to the aforesaid property, via Virginia Deer Road and Brushy Mountain Road; and WHEREAS, the County wishes to use Brushy Mountain Road and Virginia Deer Road as a greenway trail for recreational use and will maintain a gate at the current location where Virginia Deer Road ends at Brushy Mountain Road; and WHEREAS, the Hinchee Trail is identified in the 2018 update to the Roanoke Valley Greenway Plan, endorsed by the Cities of Roanoke and Salem, Counties of Botetourt and Roanoke, and Town of Vinton, as a recreational connection between the Hanging Rock Battlefield Trail and Carvins Cove Natural Reserve; and 1 WHEREAS, the Trans are the owners of the real property and improvements on and adjoining Virginia Deer Road and having tax map numbers 36.00-01-04.01-0000 and 036.00-01- 04.00-0000; the Trans own the half of Virginia Deer Road that borders their property, as shown on the below described Plat; and WHEREAS, the County has requested, and the Trans have agreed to, the conveyance of a perpetual greenway easement on and along Virginia Deer Road for public use as a recreational trail over that portion of Trans' property as set forth herein; and WHEREAS, the Parties acknowledge that the Trans have been accessing their above- referenced property by using that portion of Virginia Deer Road, located on tax map no. 036.00- 01-02.00-0000, which is owned by the County. Accordingly, the Trans have likewise requested, and the County has agreed to, the conveyance of a perpetual easement for ingress and egress 036.00-01-02.00-0000 as set forth herein. NOW THEREFORE, FOR AND IN CONSIDERATION of the sum of one thousand and nine hundred dollars ($ 1,900) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Trans hereby GRANT and CONVEY with General Warranty and Modern English Covenants of Title unto the County, its successors and assigns, the following described easement, in the County of Roanoke, Virginia, to wit: A PERPETUAL GREENWAY EASEMENT, herein referred to as the Easement, being 25-feet wide, to operate, inspect, use, monitor, maintain, repair or replace a PUBLIC ACCESS TRAIL, for purposes of ingress and egress from Timberview Road to the property of the County and to Carvins Cove Natural Reserve. The Greenway Easement on the property of the Trans will be upon, over, through, and across that portion of the property of the Trans as shown on sheet 3 of 9 of the plat entitled Plats for Roanoke County, Virginia, Showing Access Easements Along Hinchee Trail, Situate Virginia Deer Road, Catawba Magisterial District, County of Roanoke, which Plat is attached hereto and incorporated herein as Exhibit "A". Said Greenway Easement shall be subject to the terms and conditions stated below. 1. The Trans hereby grant to the County and the general public free access to and recreational use of the Hinchee Trail within the Greenway Easement subject to the laws and ordinances of Roanoke County, for the purposes including but not limited to: walking, jogging, hiking, bicycle riding, horseback riding, and nature study. There 2 shall be no access by the County or the public at-large granted by this Greenway Easement to any property of the Trans other than the Greenway Easement and Hinchee Trail described and conveyed herein on Exhibit A. The general public shall have no right to construct or improve any portion of the Greenway Easement and Hinchee Trail. 2. The Greenway Easement herein conveyed shall be appurtenant to the lands over which it runs and shall convey to the County and its successors and assigns the perpetual right for public use of the Greenway Easement for the purposes set forth herein, including to install and maintain improvements, and the right to go on, over and upon the said Greenway Easement for the purposes of installing, maintaining, repairing and replacing the improvements necessary for the Hinchee Trail. 3. Public access to the Hinchee Trail with any type of motor vehicle, including but not limited to motorcycles, four-wheel drives, motor bikes, mopeds, ATVs, and snowmobiles, shall be prohibited, except to the extent that vehicles are necessary for accessibility per the Americans with Disabilities Act of 1990. The County and its agents may use motorized vehicles for construction, inspection, emergency calls, maintenance, or reconstruction of the Hinchee Trail within the Greenway Easement. 4. Public parking along Virginia Deer Road on the Greenway Easement shall be prohibited. 5. The Trans shall retain the right to use Virginia Deer Road and the land subject to the Greenway Easement acquired herein in any legal manner which shall not prevent the use and enjoyment of the Hinchee Trail. 6. The Trans shall not erect any building, fence, sign, guardrail, or other structure over the easement so as to render the Greenway Easement inaccessible, except that fences and gates may be erected and/ or maintained with the mutual consent of the Trans and the County. 7. There shall be no excavation, dredging, or dumping of ashes, garbage, tires, waste, brush or other unsightly or offensive material within the Greenway Easement by the Trans or the County, or by their agents or licensees. 8. Any construction by the Trans of roads or driveways within the Greenway Easement or crossing the Hinchee Trail must be approved by the County and designed in 3 coordination with the County to facilitate a safe and convenient crossing of the road or driveway by Hinchee Trail users. 9. The Trans shall have no maintenance responsibility for the Hinchee Trail within the Greenway Easement. 10. The County may erect within the Greenway Easement markers, kiosks, vehicle control barriers, signage, fences, gates, and other trail-related appurtenances as deemed necessary for preservation of the Greenway Easement, use and management of the Hinchee Trail, and safety of the Trail users, to the extent that such amenities do not interfere with vehicular access to the property. 11. The County and its agents shall have the right to inspect the Greenway Easement and to cut, clear, and remove undergrowth, obstructions, or improvements lying within or upon the easement that endanger or interfere with the proper use of the same. 12. The County shall have the right and duty to ensure maintenance of the Hinchee Trail. 13. The County shall not deny the Trans access to the Hinchee Trail or Greenway Easement. 14. The County agrees to defend, indemnify, and hold harmless the Trans from and against any and all claims, demands, actions, damages, losses, and liabilities to the extent permitted by the law and without waiving any claim of sovereign immunity. However, the Trans shall not be held harmless from liability caused by the active conduct or acts of the Trans, their agents, invitees, or contractors which violate the terms and conditions of this Deed of Easement. 15. The covenants agreed to and the terms, conditions, and restrictions imposed herein shall be binding upon the Trans and their agents, heirs, and assigns and shall continue as a servitude running in perpetuity with the described land. The Trans agree that the terms, conditions, and restrictions of this Greenway Easement will be inserted by them in any subsequent deed or other legal instrument by which they divest themselves of either the fee simple title to, or of their possessory interest in, the subject property. 16. Should the County or its assigns or successors-in-interest cease to develop, operate, or maintain the Hinchee Trail, the Trans may request that the Greenway Easement be 4 vacated. The County or its assigns or successors-in-interest shall not unreasonably withhold approval of such request. 17. The County agrees to provide snow removal services, as such may be required, on the Greenway Easement, during the life of Rebecca Tran. IT IS FURTHER AGREED THAT, FOR AND IN CONSIDERATION of the sum of one dollar ($ 1) and other good and valuable consideration, the receipt of which is hereby acknowledged, the County hereby GRANTS and CONVEYS with General Warranty and Modern English Covenants of Title unto the Trans, their successors and assigns, the following described easement, in the County of Roanoke, Virginia, to wit: A PERPETUAL INGRESS AND EGRESS EASEMENT, allowing the Trans the right to access their properties located at tax map nos. 36.00-01-04.01-0000 and 036.00-01-04.00-0000 by using that portion of Virginia Deer Road that is owned by the County on tax map no. 036.00-01-02.00-0000, as shown on sheet 3 of 9 of ent Plats for Roanoke County, Virginia, Showing Access Easements Along Hinchee Trail, Situate Virginia Deer Road, Catawba which Plat is attached hereto and incorporated herein as Exhibit "A". Said Ingress and Egress Easement shall be limited in scope, and shall allow the Trans to access to their properties located at tax map nos. 36.00-01-04.01-0000 and 036.00-01-04.00- 0000, so long as these properties are used only for single-family residential purposes. WITNESS the following signatures and seals: 5 TU ANH TRAN By: ______________________________________ Printed name: Tu Anh Tran, by Rebecca R. Tran, his attorney in fact COMMONWEALTH OF VIRGINIA ) COUNTY OF ROANOKE ) to-wit: The foregoing instrument was acknowledged before me this _____ day of _________ 2019, by ________________________________________________. ________________________________________ Notary Public Signature My commission expires:____________________ (SEAL) Registration No.: _________________________ 6 REBECCA R. TRAN By: ______________________________________ Printed name:______________________________ COMMONWEALTH OF VIRGINIA ) COUNTY OF ROANOKE ) to-wit: The foregoing instrument was acknowledged before me this _____ day of _________ 2019, by ________________________________________________. ________________________________________ Notary Public Signature My commission expires:____________________ (SEAL) Registration No.: _________________________ 7 THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA Daniel R. O'Donnell, County Administrator, executes this instrument on behalf of the Board of Supervisors of Roanoke County, Virginia, pursuant to Ordinance No. _____________________adopted by said Board of Supervisors on ___________________. ___________________________________________ Daniel R. O' Donnell, County Administrator COMMONWEALTH OF VIRGINIA ) COUNTY OF ROANOKE ) to-wit: The foregoing instrument was acknowledged before me this _____ day of ______________, 2019, by Daniel R. O' Donnell, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. ________________________________________ Notary Public My commission expires:____________________ Registration No.: _________________________ Approved as to Form: ____________________________ Roanoke County Attorney 8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 19, 2019 ORDINANCE APPROVING A GREENWAY EASEMENT TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY ON PROPERTY OWNED BY TU ANH AND REBECCA R. TRAN (TAX MAP NOS. 036.00-01-04.01- 0000 AND 036.00-01-04.00-0000) FOR PURPOSE OF THE HINCHEE TRAIL WHEREAS, the Hinchee Trail is an identified project in the 2018 update to the Roanoke Valley Greenway Plan as a recreational connection between the Hanging Rock Battlefield Trail and Carvins Cove Natural Reserve; and WHEREAS, the Tran family has agreed to provide a fifty foot (50wide greenway easement for the Hinchee Trail over a portion of their property located at 0 Virginia Deer Road, Tax Map Nos. 036.00-01-04.01-0000 and 036.00-01-04.00-0000, in exchange for $1,900; and WHEREAS, the approval of this easement is the final step in completing the grant process for the Hinchee Trail project; and WHEREAS, the easement cost will be reimbursed by fifty percent (50%) by the Virginia Land Conservation Fund (VLCF) grant in the amount of $950; and WHEREAS, the remaining $950 is available through the Roanoke County matching funds in the grant project account; 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 6, 2019. The second reading of this ordinance was held on November 19, 2019. Page 1 of 2 NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The conveyance of an easement to the Roanoke County Board of Supervisors from Tu Anh and Rebecca R. Tran in exchange for $1,900 across property situated along 0 Virginia Deer Road, in Roanoke County, Virginia (Catawba Magisterial District), bearing Tax Map Nos. 036.00-01-04.01-0000 and 036.00- 01-04.00-0000 is hereby approved. 2. Per the agreement of the parties, Roanoke County will be responsible for the maintenance of the greenway easement. 3. The County Administrator, or any Assistant County Administrator, is hereby authorized, on behalf of the County, to execute and then deliver the Deed of Easement and any other necessary documents in furtherance of same. 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 19, 2019 AGENDA ITEM: The petition of Fellowship Community Church to rezone property to remove the proffered conditions and to obtain a special use permit for a religious assembly on approximately 3.50 acres zoned C-2C, High Intensity Commercial, District with conditions, located near the 6500 block of Merriman Road, Cave Spring Magisterial District SUBMITTED BY: Philip Thompson Acting Director of Planning APPROVED BY: County Administrator ISSUE: Agenda item for public hearing and second reading of ordinances to remove proffered conditions from property and to obtain a special use permit for a religious assembly. BACKGROUND: · In 1988, the Board of Supervisors rezoned this property from M-1 (Light Industrial District) to B-2 (General Commercial District) for the purposes of constructing a neighborhood shopping center with eight (8) proffered conditions. · The proffers prohibited certain uses on the property, limited access along Merriman Road, restricted signage, required parking lot landscaping and dumpster screening, addressed lighting, and required a 25,000+ square foot supermarket to be constructed as part of the development. The neighborhood shopping center was never constructed. · The process to remove proffered conditions is through a rezoning. · Religious assembly is defined aa use located in a permanent building and providing regular organized religious worship and related incidental activities, except primary or secondary schools and day care facilities. · Religious Assembly is a permitted use in the C-2 zoning district with a special use permit. Page 1 of 3 DISCUSSION: The Planning Commission held a public hearing on this request on November 4, 2019. No citizens spoke on this request during the public hearing. The Planning Commission discussed the Principal Industrial Comprehensive Plan designation and the request being inconsistent with that designation, the effects of removing the existing eight (8) proffers on the property, the submitted concept plan, the site location, and the County public right-of-way that leads to the Starkey Park (South) complex, the slow commercial development in the immediate surrounding neighborhood over the last 30 years, the floodplain, and the special use permit conditions dealing with concept plan conformance, lighting and signage. The Commission recommends approval of the request to remove the proffered conditions and grant a special use permit for a religious assembly with the following conditions: 1. The site shall be developed in substantial conformance with the Development Conceptual Plan for Fellowship Church - Merriman, prepared by Brushy Mountain Engineering, PLLC and dated September 9, 2019, subject to any changes required by Roanoke County during the site plan review process. 2. All freestanding light poles and fixtures shall not exceed fourteen (14) feet in height above grade. Lighting shall be shielded and directed downward and arranged so glare is not cast onto adjoining properties. 3. Freestanding signage shall be limited to one (1) monument style sign not to exceed five (5) feet in height and seven (7) feet in width and a maximum total of 35 square feet. 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 to remove the proffered conditions and grant a special use permit for a religious assembly with the following conditions: 1. The site shall be developed in substantial conformance with the Development Conceptual Plan for Fellowship Church - Merriman, prepared by Brushy Mountain Engineering, PLLC and dated September 9, 2019, subject to any Page 2 of 3 changes required by Roanoke County during the site plan review process. 2. All freestanding light poles and fixtures shall not exceed fourteen (14) feet in height above grade. Lighting shall be shielded and directed downward and arranged so glare is not cast onto adjoining properties. 3. Freestanding signage shall be limited to one (1) monument style sign not to exceed five (5) feet in height and seven (7) feet in width and a maximum total of 35 square feet. Page 3 of 3 STAFF REPORT Petitioner:Fellowship Community Church Request: To rezone property to remove proffered conditions and to obtain a special use permit for a religious assembly on approximately 3.50 acres zoned C-2C, High Intensity Commercial, District with conditions Location:6500 block of Merriman Road, Roanoke, VA 24018 Magisterial District:Cave Spring Proffered Conditions 1.The property will not be used for any of the following purposes: (proposed to be convenience store, hotel, motel, theater, assembly hall, motor vehicle removed):dealership, funeral home, commercial kennel, home for adults, hospital, nursing home, flea market, or public dance hall. 2.Access to Merriman Road (Route 613) will be limited to not more than two points along the frontage of the property. 3.No signs other than those advertising businesses located on the subject property will be erected on the property. 4.Petitioner will comply with applicable limitations on size, number and location of signs and in addition agrees that freestanding or nylon signs on the property will be limited to either (a) one sign of not more than two hundred (200) square feet or (b) two signs, one of not more than one hundred forty (140) square feet and the other of not more than eighty (80) square feet. 5.Parking areas will be aesthetically treated with landscaping and/or planting areas. 6.All dumpster sites will be screened. 7.The maximum height of light poles on the property will be thirty (30) feet. Lighting will be directed onto the parking areas, and the maximum light level at the property line adjacent to properties being used for residential purposesshall not exceed one (1) foot candle. 8.Use of the property will include a supermarket of 25,000 square feet or more. Suggested Conditions 1.The site shall be developed in substantial conformance with the (for SUP):Development Conceptual Plan for Fellowship Church –Merriman prepared by Brushy Mountain Engineering, PLLC and dated September 9, 2019, subject to any changes required by Roanoke County during the site plan review process. 2.All freestanding light poles and fixtures shall not exceed fourteen (14) feet in height above grade. Lighting shall be shielded and directed downward and arranged so glare is not cast onto adjoining properties. 3.Freestanding signage shall be limited toone (1) monument stylesign not to exceed five (5) feet in height and seven (7) feet in width andamaximum total of 35square feet. EXECUTIVE SUMMARY: Fellowship Community Church is requesting to rezone property to remove the proffered conditions and to obtain a special use permit for a religious assembly on approximately 3.50 acres zoned C-2C, High Intensity Commercial, 1 District with conditions, located at the 6500 block of Merriman Road, Roanoke, VA 24018. The submitted concept plan shows the development ofone religious assembly building with supporting parking. The existing outdoor storage yard for a landscaping companyon the property shall be removed. The site is designated Principal Industrial on the future land use map of the Roanoke County Comprehensive Plan. 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 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. APPLICABLE REGULATIONS The Roanoke County Zoning Ordinance defines Religious Assemblyas”ause located in a permanent building and providing regular organized religious worship and related incidental activities, except primary or secondary schools and day care facilities.”Religious Assemblyis a permitted use in the C-2 zoning districtwith a special use permit.Section 30-83-9 (attached) of the Roanoke County Zoning Ordinance contains use and design standards for religious assembly. ANALYSIS OF EXISTING CONDITIONS Background–In 1988, the Board of Supervisors rezoned this property from M-1 Light Industrial District to B-2 General Commercial District for the purposes of constructing a neighborhood shopping center. Eight (8) proffered conditions were offered by the property owner and accepted by the Board of Supervisors. The proffers prohibited certain uses on the property, limited access along Merriman Road, restricted signage, required parking lot landscaping and dumpster screening, addressed lighting, and required a 25,000+ square foot supermarket to be constructed as part of the development. The neighborhood shopping center was never constructed. Topography/Vegetation–The newly proposed parcel is generally flat, but sloped with only approximately 8 feet of elevation difference (approximate elevation: 1128’ low point–1136’ highpoint). The lowportion of the siteis in a floodplain overlay districtand the entire site is within the 500-year floodplain according to Roanoke County mapping. There is a moderately wooded natural buffer on the southernside of the proposednewparcelagainst the industrial use types.On the northernside of the property is a 50’ public right-of-way that serves as the Starkey Park South (Cave Spring American Little League/Roanoke County Parks, Recreation & Tourism baseball fields) access road and on the eastern side is Merriman Road. The middle portion of the proposed new parcel is a gravel driveway loop that is a storage area for a landscape business. On the northeastern portion of the property(at the Merriman Road/Starkey Road intersection)is a wooded natural buffer. A private gravel walkwaywraps around the north and east sides of the propertiesfor the industrial businesseson the other portion of the existing parcel (tax ID: 097.01- 02-12.00-0000). Surrounding Neighborhood–The surrounding zoning of the immediate subject parcelsinclude I-1–Low Intensity Industrial District zoningandR-1-Low Density Residential zoning. Also, there are nearby C-2-High Intensity Commercial, C-1–Low Intensity Commercial, and I-2-High Intensity Industrial zoning districts. Thesurrounding uses includemostly single family homes, industrial facilities, Roanoke County sports complexes (baseball and soccer), and the Norfolk and Southern railroad tracks. Further away from the site are high intensity commercial buildings, Penn Forest Elementary School, South County Library, and some light agriculture onCrystal Creek Drive. There aresomepedestrian accommodations in the neighborhood with the private gravelwalking path on the site, 2 sidewalks near Penn Forest Elementary School/South County Library, a wetland boardwalk at South County Library, and gravel walkways/bridges connecting Starkey Park North, Starkey Park South, and Merriman Soccer Complex. The Blue Ridge Parkway is within a mile of the parcel.At its closest point,the Parkway is set over 1,700feetaway andis located on a ridgebehind the tree line. Also, the Parkway is on the opposite side of Roanoke County’s Starkey Park South and Merriman Soccer Complex, which both haveintensivefield lighting. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture–The submitted concept plan shows one church buildingmeasuring approximately80’ X 150’, 12,000 SF total plus the open air drop-off canopy. There are 90 parking spaces provided, 10 of which are ADA compliant displayed on the site plan. There are two access points into the parking lot with one being along Merriman Road and the second being along the Starkey Park South access road 50’ dedicated public right-of-way. There aresidewalks line the parking lot that are against the church building. There are landscaping islands and medians within the parking lot and both public road entrances. Other landscaping features on the site include a stormwater detention area, surrounded by parking lots, and an open space landscaped lawn at the corner of Merriman Road and the Starkey Park South access road. The private gravel walking path on the property remains, but is rerouted on the eastern side of the property along Merriman Roadto connect the private walking path to the parking lot.The private gravel walking path and landscaping serve as an aesthetic buffer to the stormwater detention area from the Starkey Park South access road. A dumpster enclosure is in front of the building, but behind the front drop-off canopy building line, and is located approximately 120’ from the public right-of-way. Access/Traffic Circulation–As shown on the concept plan, there would be twoaccesspointsto the propertywith one being along Merriman Road and the second being along the Starkey Park South access road 50’ dedicated public right-of-way. Theaccess off of Merriman Road is approximately where the existing property entrance to the gravel loop is located. VDOT has reviewed the application and willrequire a land use permit if a new entrance is needed from the VDOT right-of-way or for the change in use of an existing entrance. This would be required for any development on this site regardless of the rezoning. Agency Comments–Various agencies commented on thesubmittedconcept plan.The following comments were provided by the various agencies on this request: Building Safety: The Office of Building Safety stated that the construction will need to meet all the requirements of the current Uniform Statewide Building Code. Solid Waste:Solid Waste anticipates the indicated the volume of trash would exceed the limit imposed by the ordinance and therefore they will have to acquire a private dumpster. Fellowship Community Church can apply for service and if approved will receive one Roanoke County provided trash container and can purchase up to two more from a local retailer.If the volume of their trash can't be contained in the three 96-gallon containers, they will need to procure private dumpster service. Fire & Rescue:Fire & Rescue does not object to the project, however did state: “the church would be required to meet fire flow and access requirements”. Economic Development: Economic Development stated that while the proposed use is inconsistent with thecomprehensive plan, the subject property is currently located within a floodway and/or floodplain and does not 3 present itself as a viable commercial site. Further, demand for high intensity commercial uses are limited at this location. As such,Economic Development offered no objectionto the proposed rezoning by Fellowship Church. Stormwater Operations:Stormwater Operations stated that the proposed structure is in the 500-year floodplain, which isnot regulated by either FEMA or Roanoke County. However, Stormwater Operations stated that as flood elevations change and new floodmaps are up-dated, it would be prudent to look at the current flood elevations and make adjustments to the lowest floor accordingly. VDOT: VDOT had fourcomments on the request: 1.) A Land Use Permit will be required if a new entrance is needed from the VDOT right-of-way or for the change in use of an existing entrance. 2.) The VDOT Road Design Manual. Appendix F: Access Management Design Standards for Entrances and Intersections must be adhered to where applicable for commercial entrances. This includes but is not limited to commercial entrance spacing and intersection sight distance. The intersection sight distance must be field verified and measures taken to ensurethe minimum required distances can be met. 3.)VDOT will require a minor traffic study for possible impacts along Route 613 resulting from this development.4.) The department will not issue an approval of the plans or any necessary Land Use Permits untilthe locality approves this request. In addition, information regarding any changes to the existing drainage system should also be included for review. Western Virginia Water Authority:WVWA had no comments and stated there will be review comments once plans are submitted. CONFORMANCE WITH ROANOKE COUNTY COMPREHENSIVEPLAN The County’s Comprehensive Plan indicates that the Future Land Use Designation of this parcelis Principal Industrial.Principal Industrial is a future land use area where a varietyof 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. Religious assemblies are not an appropriate use within the Principal Industrial land use designation. The proposed project is not in conformance of with the Principal Industrial land use designation. STAFF CONCLUSIONS Fellowship Community Church is requesting to rezone property to remove the proffered conditions and to obtain a special use permit for a religious assembly on approximately 3.50 acres zoned C-2C, High Intensity Commercial, District with conditions, located at the 6500 block of Merriman Road, Roanoke, VA 24018. The submitted concept plan shows the development of one religious assembly building with supporting parking. The proposed use of ReligiousAssembly allow for the development of a new building for Fellowship Community Church is inconsistent with the Roanoke County Comprehensive Plan Future Land Use designation of Principal Industrial. If the Planning Commission recommends approval, staff would suggest special use permit conditions dealing with site plan conformance, lighting, and signage. Staff has concerns over the building’s architecture since no architectural rendering has been submitted with the application. Staff also is concerned that if the church is not constructed, then the property would be a vacant C-2 property where many high intense uses would be able to be constructed on site as by-right uses. CASE NUMBER: 16-11/2019 PREPARED BY:Alexander Jones HEARING DATES: PC: 11/4/19BOS: 11/19/19 4 ATTACHMENTS:Application Aerial Map Floodplain Map Zoning Map Future Land Use Map Photographs Ordinance 988-3 C-2 District Standards Religious Assembly Use and Design Standards Principal Industrial Future Land Use Description 5 VIRGINIA: BEFORE THE BOARD OF SUPERVISORS OF ROANOKE COUNTY A acre parcel of land, generally 3 located on the west side of Virginia ) Secondary Route 613 near its inter- . ) section with Route 904 within the FINAL ORDER . Cave Spring Magisterial District, and being the eastern 4.13 acres of parcel in the Roanoke County Tax Records. TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY: WHEREAS, your Petitioner CBL Management, Inc. did petition the Board of County Supervisors to rezone the above-referenced parcel from M-l, Light Industrial District to B-2, General Commercial District for the purpose of constructing thereon a neighborhood shopping center. WHEREAS, after due legal notice, the Planning Commission did hold a public hearing of the petition on July 5, 1988, at which time all parties in interest were given an opportunity to be heard; and WHEREAS, after full consideration at the public hearing September 27, 1988 held on the Board of County Supervisors de- termined that the rezoning be approved, subject to conditions proffered by the petitioner. NOW, THEREFORE, BE IT ORDERED that the aforementioned parcel of land, which is contained in the Roanoke County Tax Maps as Parcel 97.01-02-10 and recorded in Deed Book 1064, Page 222 and legally described below, be rezoned from M-l, Light Industrial District to B-2, General Commercial District. Legal Description of Property: BEGINNING at a point on the west line of Va. Sec. Rt. 613 corner to the property of Hubert E. Harris; thence with the west line of Rt. 613 a curve to the right whose chord is S 46' 13" W 175.31 feet an arc distance of 176.06 feet, and S 05' 50" W 244.42 feet to a point; thence a new line S 03' W 485.0 feet to a point; thence a new line N. 23' W. 312.0 feet, more or less, to a point; thence with the outside line N 46' E 695.0 feet to the place of BEGINNING. BE IT FURTHER ORDERED that a copy of this order be trans- mitted to the Secretary of the Planning Commission and that he be directed to reflect that change on the official zoning map of Roanoke County. ADOPTED on motion of Supervisor and upon the following recorded vote: AYES: Johnson, McGraw, Garrett NAYS: Supervisor Robers ABSENT: None Deputy , Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development Inspections Dale Castellow, Acting Director, Planning Jonathan Hartley, Acting Zoning Administrator John Wiley, Director, Real Estate Assessment 9 VIRGINIA: BEFORE THE BOARD OF SUPERVISORS OF ROANOKE COUNTY SECOND A acre parcel of land, generally ) AMENDED located on the west side of Virginia PROFFER ) Secondary Route 613 near its inter- OF section with Route 904 within the Cave Spring Magisterial District, and being the eastern 4.13 acres of parcel in the Roanoke County Tax Records. TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY: Being in accord with Sec. 15.1-491.1 et seq. of the Code of the Roanoke County Zoning of Virginia and Sec. the Petitioner CBL Management, Inc. hereby volun- Ordinance, tarily proffers to the Board of Supervisors of Roanoke County, Virginia the following conditions to the rezoning of the above-referenced parcel of land: The property will not be used for any of the follow- convenience store, hotel, motel, theater, ing purposes: motor vehicle dealership, funeral home, commer- assembly hall, home for adults, hospital, nursing home, flea cial kennel, or public dance hall. market, (2) Access to Merriman Road (Route 613) will be limited to not more than two points along the frontage of the property. No signs other than those advertising businesses (3) located on the subject property will be erected on the proper- ty- Petitioner will comply with applicable limitations on (4) size,number and location of signs and in addition agrees that 10 freestanding or pylon signs on the property will be limited to either (a) one sign of not more than two hundred (200) square feet or two signs, one of not more than one hundred forty (140) square feet and the other of not more than eighty (80) square feet. (5) Parking areas will be aesthetically treated with landscaping and/or planting areas. (6) All dumpster sites will be screened. (7) The maximum height of light poles on the property will be thirty (30) feet. Lighting will be directed onto the parking areas, and the maximum light level at the property line adjacent to properties being used for residential purposes shall not exceed one (1) foot candle. (8) Use of th e property will include a supermarket of 25,000 square feet or more. Respectfully submitted, 11 C-2 District Regulations SEC. 30-54. C-2 HIGH INTENSITY COMMERCIAL DISTRICT. Sec. 30-54-1. Purpose. (A) The purpose of this district is to provide locations for a variety of commercial and service related activities within the urban service area serving a community of several neighborhoods or large areas of the county. This district is intended for general application throughout the county. High intensity commercial districts are most appropriately found along major arterial thoroughfares which serve large segments of the county's population. The C-2 district permits a wide variety of retail and service related uses. Land uses permitted in this district are generally consistent with the recommendations set forth in the transition and core land use categories of the comprehensive plan. Site development regulations are designed to ensure compatibility with adjoining land uses. (Ord. No. 042208-16, § 1, 4-22-08, Ord. No. 111213-15, § 1, 11-12-13) Sec. 30-54-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Multi-Family Dwelling * Two-Family Dwelling * 2. Civic Uses Administrative Services Clubs Cultural Services Day Care Center * 1 C-2 District Regulations Educational Facilities, College/University Educational Facilities, Primary/Secondary * Family Day Care Home * Guidance Services Park and Ride Facility * Post Office Public Assembly Public Parks and Recreational Areas * Safety Services * Utility Services, Minor 3. Office Uses Financial Institutions * General Office Medical Office Laboratories 4. Commercial Uses Agricultural Services * Antique Shops Automobile Dealership * Automobile Repair Services, Minor * Automobile Rental/Leasing Automobile Parts/Supply, Retail * Bed and Breakfast * 2 C-2 District Regulations Boarding House Business Support Services Business or Trade Schools * Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communications Services Construction Sales and Services * Consumer Repair Services Convenience Store * Fuel Center * Funeral Services Garden Center * Gasoline Station * Hospital Hotel/Motel/Motor Lodge Kennel, Commercial * Pawn Shop Personal Improvement Services Personal Services Restaurant, Drive-in or Fast Food * Restaurant, General 3 C-2 District Regulations Retail Sales Studio, Fine Arts Veterinary Hospital/Clinic 5. Industrial Uses Recycling Centers and Stations * 6. Miscellaneous Uses Amateur Radio Tower * Parking Facility * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Civic Uses Adult Care Residences Halfway House Life Care Facility Nursing Home Religious Assembly * Utility Services, Major * 2. Commercial Uses Adult Business * Automobile Repair Services, Major * Car Wash * Commercial Indoor Amusement Dance Hall 4 C-2 District Regulations Equipment Sales and Rental * Manufactured Home Sales * Mini-warehouse * Outpatient Mental Health and Substance Abuse Center Recreational Vehicle Sales and Service * Surplus Sales Truck Stop * 3. Industrial Uses Custom Manufacturing * Industry, Type I Landfill, Rubble * Transportation Terminal 4. Miscellaneous Uses Broadcasting Tower * Outdoor Gatherings * (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 022796-14, § 1, 2-27-96; 042297-14, § 1, 4-22-97; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 102803-15, § 2, 10-28-03; Ord. No. 102505-7, § 2, 10-25-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052411-9, § 1, 5-24-11, Ord. No. 111213- 15, § 1, 11-12-13, Ord. No. 062816-4, § 1, 6-28-16) Sec. 30-54-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). 5 C-2 District Regulations b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line. b. Accessory structures: Behind the front building line. 2. Side yard: None. 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. Principal structures: When adjoining property zoned R-1 or R-2, 45 feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R-1 or R-2 district is increased two feet for each foot in height over 45 feet. In all locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: actual height of principal structure. (D) Maximum coverage. 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. 6 C-2 District Regulations (Ord. No. 62293-12, § 10, 6-22-93) 7 Use & Design Standards Civic Uses Sec. 30-83-9. Religious Assembly. (A) General standards: 1. Any outdoor activity area, swimming pool, or ball field or court which adjoins a residential use type shall be landscaped with one (1) row of small evergreen trees in accordance with Section 30-92 along the property line adjoining the residential use type. Where night-time lighting of such areas is proposed large evergreen trees shall be required. 2. When a place of religious assembly adjoins a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided between the parking area(s) and the residential use type. 3. Expansions of existing uses are permitted by right. (Ord. No. 42694-12, § 19, 4-26-94; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 052411-9, § 1, 5-24-11, Ord. No. 111213-15, § 1, 11-12-13) 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. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 19, 2019 ORDINANCE REZONING APPROXIMATELY 3.50 ACRES TO REMOVE PROFFERED CONDITIONS FROM PROPERTY ZONED C-2C (HIGH INTENSITY COMMERCIAL DISTRICT WITH CONDITIONS), AND GRANT A SPECIAL USE PERMIT FOR RELIGIOUS ASSEMBLY ON PROPERTY LOCATED NEAR THE 6500 BLOCK OF MERRIMAN ROAD (TAX MAP NO. 097.01-02-12.00-0000), CAVE SPRING MAGESTERIAL DISTRICT WHEREAS, in 1988, this property (located near the 6500 block of Merriman Road, Tax Map No. 097.01-02-12.00-0000) was rezoned from M-1 (Light Industrial District) to B-2 (General Commercial District), with eight proffered conditions, for the purposes of constructing a neighborhood shopping center; and WHEREAS, the neighborhood shopping center was never constructed; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 4, 2019 and subsequently recommended approval of the proposed rezoning and special use permit; and WHEREAS, the first reading of this ordinance was held on October 22, 2019, and the second reading and public hearing were held November 19, 2019; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the eight proffered conditions from the 1988 rezoning listed below (and struck through) are now HEREBY REMOVED. a) The property will not be used for any of the following purposes: convenience store, hotel, motel, theater, assembly hall, motor vehicle dealership, funeral home, commercial kennel, home for adults, hospital, Page 1 of 3 nursing home, flea market, or public dance hall. b) Access to Merriman Road (Route 613) will be limited to not more than two points along the frontage of the property. c) No signs other than those advertising businesses located on the subject property will be erected on the property. d) Petitioner will comply with applicable limitations on size, number and location of signs and in addition agrees that freestanding or nylon signs on the property will be limited to either (a) one sign of not more than two hundred (200) square feet or (b) two signs, one of not more than one hundred forty (140) square feet and the other of not more than eighty (80) square feet. e) Parking areas will be aesthetically treated with landscaping and/or planting areas. f) All dumpster sites will be screened. g) The maximum height of light poles on the property will be thirty (30) feet. Lighting will be directed onto the parking areas, and the maximum light level at the property line adjacent to properties being used for residential purposes shall not exceed one (1) foot candle. h) Use of the property will include a supermarket of 25,000 square feet or more. 2. The Board finds that the granting of the special use permit for religious assembly on the 3.50 acres of property located 6500 block of Merriman Road (Tax Map No. 097.01-02-12.00-0000) in the Cave Spring Magisterial District, is substantially in accord Page 2 of 3 with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the Code of Virginia, as amended, that it shall have a minimum adverse impact on the surrounding neighborhood or community, and the Board further finds that it has given due consideration to the factors set forth in Section 30-19-1 of the Roanoke County Code. Accordingly, the special use permit is APPROVED, with the following conditions: a) The site shall be developed in substantial conformance with the Development Conceptual Plan for Fellowship Church Merriman, as prepared by Brushy Mountain Engineering, PLLC and dated September 9, 2019, subject to any changes required by Roanoke County during the Site Plan review process. b) All freestanding light poles and fixtures shall not exceed fourteen feet in height above grade. Lighting shall be shielded ad directed downward and arranged so glare is not cast onto adjoining properties. c) Any freestanding signage shall be limited to one monument style sign not to exceed five feet in height and seven feet in width and a maximum size of thirty five square feet. 3. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 3 of 3 ACTION NO. ITEM NO. H.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 19, 2019 AGENDA ITEM: The petition of David and Stace Todd to obtain a special use permit in a R-1, Low Density Residential, District to comply with the use and design standards associated with an accessory apartment in an accessory building on approximately 0.346 acre, located at 1047 Barrens Village Court, Hollins Magisterial District SUBMITTED BY: Philip Thompson Acting Director of Planning APPROVED BY: County Administrator ISSUE: Agenda item for public hearing and second reading of ordinances to allow a accessory apartment in an accessory structure that does not meet the principal structure setbacks. BACKGROUND: · detached single-family dwelling or an accessory building with is clearly incidental and subordinate to the main dwelling unit. · An accessory apartment may be located in an accessory structure on the lot provided: a) the parcel meets the minimum lot size requirement of the zoning district it is located in; and b) the accessory building shall comply with all applicable zoning requirements for a principal building. If these standards cannot be met, the applicant shall obtain a special use permit to locate an accessory apartment in an accessory structure. · The accessory structure (detached garage) where the accessory apartment is proposed does not meet the principal structure side yard setbacks, and therefore Page 1 of 2 requires a special use permit. DISCUSSION: The Planning Commission held a public hearing on this request on November 4, 2019. No citizens spoke on this request during the public hearing. The Planning Commission discussed the accessory apartment regulations, concerns with the existing building permit, the process if the special use permit is approved versus not approved and reservations about the existing driveway (which serves the accessory apartment). The applicants answered questions of the Commission and indicated they were willing to comply with all Roanoke County regulations if the special use permit was approved. The Commission agreed that approving the special use permit would be the first step for the applicants to bring the property into compliance. The next steps include reactivating the building permit, meeting all the accessory apartment use and design standards, completing all required inspections and obtaining a certificate of occupancy. The Planning Commission recommends approval of the request. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the second reading of the ordinance for a special use permit to allow an accessory apartment in an accessory structure that does not comply with the principal structure setbacks. Page 2 of 2 STAFF REPORT Petitioner:David and Stace Todd Request: To obtain a special use permit in a R-1,Low Density Residential, Districtto comply with the use and design standards associated with an accessory apartment in an accessory building on approximately 0.346 acre Location:1047 BarrensVillage Court Magisterial District:Hollins SuggestedNone Conditions: EXECUTIVE SUMMARY: David and Stace Todd are requesting aspecial use permit to comply with the use and design standards associated withan accessory apartment in an accessory structure. The property is located at1047 Barrens Village Court, located in the HollinsMagisterial District.The Roanoke County Comprehensive Plan designates the property as Neighborhood Conservation,afuture land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged.The proposed petition isconsistent with the County’s Comprehensive Plan future land use designation. 1. APPLICABLE REGULATIONS Per Section 30-29-2 of the Roanoke County Zoning Ordinance, an accessory apartmentis defined as: “a second dwelling unit located within a detached single-family dwelling or an accessory building with is clearly incidental and subordinate to the main dwelling unit.An accessory apartment, located in an accessory building is a permitted use in the R-1 zoned district if site development regulations can be met. If not, a special use permit is required.Use and design standards (Section 30-82-1) for an accessory apartment are listed below: (A) Intent:Accessory apartments afford an opportunity for the development of small dwelling units designed to meet the special housing needs of persons with fixed or limited income, and relatives of families who live or desire to live in the county. Accessory apartments provide a degree of flexibility for home owners with changing economicconditions and/or family structure, while providing a reasonable degree of protection for existing property values. In addition, these provisions are provided to formally recognize previously established apartments and provide for improved safety and physical appearance. (B) General standards: 1.An accessory apartment shall be permitted by right as an accessory use to a detached single family residence. 2.An accessory apartment may be located in an accessory structure on the lot provided: a.The parcel meets the minimum lot size requirement of the zoning district it is located in. b.The accessory building shall comply with all applicable zoning requirements for a principal 1 building. If these standards cannot be met, the applicant shall obtain a special use permit to locate an accessory apartment in an accessory structure. 3.Maximum floor area: Upon completion of the construction, the accessory apartment shall not contain more than fifty (50) percent of the finished floor area of the principal dwelling unit located on the same lot, but in no case shall the accessory apartment exceed one thousand five hundred (1,500) square feet. 4.Only one (1) accessory apartment shall be allowed on any one (1) lot or parcel, and the owner of the property shall reside on the premises. 5.Exterior entrances to an apartment in a principal structure shall be located so as to appear as a single family dwelling. 6.Minimum floor area of the apartment: Three hundred (300) square feet. 7.One (1) parking space shall be required in addition to required parking for the principal dwelling and no separate driveway shall be permitted except as otherwise permitted in the subsections below. 8.Health department approval of sewage disposal shall be submittedprior to issuance of a building permit for an accessory apartment. (C)General standards in the C-1 and C-2 districts, independent of the general standards above: 1.The accessory apartment shall be allowed in conjunction with a civic, office or commercial use type. 2.The civic, office or commercial use type must occupy at least fifty (50) percent of the gross floor area on the site. Roanoke Countybuilding permit reviewshallbe requiredforconversion to an accessory apartment. 2. ANALYSIS OF EXISTING CONDITIONS Background–A building permit was obtained in August of 2014 to add a second floor to the existing detached garage and a bathroom to the first floor.The attached building plans show the first floor to remain as a workshop. The proposed second floor shows a kitchenette, living space, bathroomand storage. The building permit has been suspended three times due to lack of inspections. If this petition is approved, revised building plans are required to be submitted to reflect the conversion to an accessory apartment use type. The single family dwelling is 2,184 square feet is size. There is an existing driveway off Barrens Village Court, to serve the single family dwelling and one off Barrens Road, in the rear of the property. This driveway existed prior to the 2014 building permit and served the detached garage. Topography/Vegetation–The property is relativity flat with very little existing vegetation. Surrounding Neighborhood–The property is located within the established subdivision, Barrens Village. Majority of the homes were built in the 1980’s. Theadjoining properties areallzoned R-1, Low Density 2 Residential District.Adjacent land uses are all residential. 1047 Barrens Village Court is accessed off of both Barrens Road and Barrens Village Court. 3.ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture–The existing detached structure does not meet the principal structure setbacksfor the side yard setback (10 feet) in the R-1 zoning district, a requirement of the accessory apartment use type. If that standard cannot be met, a special use permit is required to locate an accessory apartment in an accessory structure. In addition, if the special use permit is approved, the general standards, use and design standards will also be required to be met. The existing building permit is required to berevised to show compliance with those standards, as well as any changes made to the original approved building permit.The accessoryapartment includes a kitchenette, living space, bathroom and storage. Access/Traffic Circulation–The subject parcel has two access points. The driveway that serves the single- family dwelling is accessed off Barrens Village Court. There is second driveway that originally served the detached garage. This structure is accessed of Barrens Road. If approved this request is approved, the driveway is required to be removed, per the Use and Design standards of the accessory apartment use type. The Virginia Department of Transportation(VDOT)did not have any comments, however, if there are any future expansions or redevelopment of the parcel or alteration to the existing drive may require VDOT review, approval and permitting. Fire & Rescue/Utilities – No objections to the request. Office of Building Safety – Morgan Yates, Roanoke County Building Commissioner, has the following comment: “The permit for the addition of second floor to the detached garage has been withdrawn on March 12, 2019, due to inactivity. The permit will need to be reactivated and inspections will need to be completed before the space can be occupied.” Economic Development – No objections to the request. 4.CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The 2005 Comprehensive Plan indicates that the Future Land Use Designation of this property as Neighborhood Conservation. This designation delineates established single-family neighborhoods and encourages the conservation of existing development patterns. The objective of the Neighborhood Conservation designation is to preserve and enhance the existing character of established neighborhoods through boundary protection and the addition of desired amenities. 5.STAFF CONCLUSIONS David and Stace Todd are requesting a special use permit toconstruct an accessory apartment in an accessory structure. If approved, the use and design standards are required to meet and the existing building permit will need to be reactivated and inspections will need to be completed prior to the structure being occupied. The property is located at 1047 Barrens Village Court, located in the Hollins Magisterial District. The Roanoke County Comprehensive Plan designates the property as Neighborhood Conservation, 3 a future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encourage. The proposed petition is consistent with the County’s Comprehensive Plan future land use designation. CASE NUMBER: 17-11/2019 PREPARED BY:RebeccaJames HEARING DATES: PC: 11/4/2019 BOS: 11/19/2019 ATTACHEMENTS:Application Aerial Map Zoning Map Land Use Map Residential Building Plans Pictures R-1District Standards Accessory Apartment Use and Design Standards Neighborhood ConservationFuture Land Use Designation PublicComments 4 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 Use & Design Standards Residential Uses Sec. 30-82-1. Accessory Apartments. (A) Intent. Accessory apartments afford an opportunity for the development of small dwelling units designed to meet the special housing needs of persons with fixed or limited income, and relatives of families who live or desire to live in the county. Accessory apartments provide a degree of flexibility for home owners with changing economic conditions and/or family structure, while providing a reasonable degree of protection for existing property values. In addition, these provisions are provided to formally recognize previously established apartments and provide for improved safety and physical appearance. (B) General standards: 1. An accessory apartment shall be permitted by right as an accessory use to a detached single family residence. 2. An accessory apartment may be located in an accessory structure on the lot provided: a. The parcel meets the minimum lot size requirement of the zoning district it is located in. b. The accessory building shall comply with all applicable zoning requirements for a principal building. If these standards cannot be met, the applicant shall obtain a special use permit to locate an accessory apartment in an accessory structure. 3. Maximum floor area: Upon completion of the construction, the accessory apartment shall not contain more than fifty (50) percent of the finished floor area of the principal dwelling unit located on the same lot, but in no case shall the accessory apartment exceed one thousand five hundred (1,500) square feet. 4. Only one (1) accessory apartment shall be allowed on any one (1) lot or parcel, and the owner of the property shall reside on the premises. 5. Exterior entrances to an apartment in a principal structure shall be located so as to appear as a single family dwelling. 6. Minimum floor area of the apartment: Three hundred (300) square feet. 7. One (1) parking space shall be required in addition to required parking for the principal dwelling and no separate driveway shall be permitted except as otherwise permitted in the subsections below. 1 Use & Design Standards Residential Uses 8.Health department approval of sewage disposal shall be submitted prior to issuance of a building permit for an accessory apartment. (C)General standards in the C-1 and C-2 districts, independent of the general standards above: 1.The accessory apartment shall be allowed in conjunction with a civic, office or commercial use type. 2.The civic, office or commercial use type must occupy at least fifty (50) percent of the gross floor area on the site. (Ord. No. 42694-12, § 12, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052411-9, § 1, 5-24-11, Ord. No. 092215-9, § 1,9-22-15) 2 Neighborhood Conservation: A future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. Land Use Types: Single-Family Residential - Attached and detached housing at a reasonable density that is not significantly higher than the existing neighborhood. Infill lots or community re-development should be designed to be sensitive to the surrounding neighborhood but can be at reasonably higher density. New single-family residential developments should incorporate greenways and bike and pedestrian trails. Cluster developments are encouraged. Neighborhood Institutional Centers - Uses that serve the neighborhood residents including parks, schools, religious assembly facilities, recreational and park facilities, community meeting areas and clubs. These facilities should be linked to the residential areas by greenways, bike trails and pedestrian paths. Neighborhood Commercial - Low impact services to serve the local neighborhood that are consistent with the Community Plan design guidelines. Land Use Determinants: EXISTING LAND USE PATTERN - Locations where limited density residential subdivisions have been platted and developed. EXISTING ZONING - Locations where limited density residential zoning has been established. EXPANSION AREAS - Locations where the expansion of the existing development pattern is logical. INFILL DEVELOPMENT - Locations where infill areas complement the surrounding development pattern. ACCESS - Locations served by a local street system. URBAN SECTOR - Locations served by urban services. To whom it may concern, I am writing in regards to the petition for special use permit applied for by David and Stace Todd at 1047 Barrens Village Ct Roanoke, VA 24019. The petitioner is my next door neighbor. The structure that has been built is located too close to the property line per to county code which also places 2 homes in a very small lot. They are applying to use this as a residential dwelling (apartment). I am very concerned of this being allowed to be used as an apartment. Currently it is being occupied by their daughter and her fiance. While they are nice people, their plan is to move once they are married and save a little money to be able to get their own place. Once they move there is no certainty as to the types of tenants they will have. Obviously as long as the Todd's live in the home I would assume they would be careful as to whom they rent to. However, if they were to move then they could turn both houses (located on the same property) into rental property and would cause my property value to decrease. Same if they were to sell the house. If the special use permit is allowed, then the structure would be allowed to be used as an apartment from now on. This really has me concerned because they could sell to an investor who simply wants to turn both houses into an apartment and once again we would be left with whomever they choose to move in. Again, this could be very harmful to my property value and or re-sale opportunities in the future, not to mention could greatly affect the enjoyment of our living space. My wife and I have been in touch wife some County employees and looked up the history of this project. The project has been going on for over 4 years, and even though someone lives there already, the building is still not complete. Having the structure so close to the property line already causes a huge eye soar and a complete lack of any privacy (since the windows are above the fence and located right at the property line), but since it is still not complete it is even more of an eye soar. The home owner occasionally goes and works on it and lets just say his skills are questionable at best and even what is complete looks bad. In our talks with the County and our own research, we know that they were not permitted to build a living dwelling in that space. They could have built for storage but not to live in. The first permit they hung was not even legal so then they were forced to file for a real permit. Once they did so they were very vague in the purpose of the structure. From what I understand they were questioned on it but remained very vague. They were told that it could only be used as storage and not a living place. They said OK and continue to build the structure. I have in writing from the Todd's that their intent from the very begging was to make this an apartment. I passed that along to code enforcement. Once the unit was livable they immediately moved someone in even though they knew it wasn't allowed. We feel they purposely tried to deceive the County in the process and hope to not get caught or believed that once it was built they could get by with it because the County wouldn't enforce the code after the damage was done. We are very concerned about the entire process. Now that they have broken the code, moved people in even after being told they couldn't, they have been allowed to petition for the special use permit. This is now putting my wife and I, along with other neighbors, in a very hard spot. We want to protect our neighborhood and property values. Which is exactly why the code is written to not allow to build the structure they have for this use. The code is written to protect the neighbors, however they broke the code but could still be allowed to do as they wish. This now will put a riff between neighbors. We have always gotten along with our neighbors, the Todd's, but in order to try to protect ourselves we are now forced to speak out against what they are trying to do. This why we wanted to submit our concerns in writing instead at the hearing. Many of our neighbors feel the same which is why they are afraid to speak up. But this decision affects my family and home more than anyone so we feel that we cannot just let it happen without protest. We ask that you take this into consideration when making your decision. I believe that these building codes are written for good reason and I ask that you enforce the code as it is and NOT grant the special use permit. Thank you for your consideration in this matter. Chad and Jennifer King Stacey L. Todd, LCSW AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 19, 2019 ORDINANCE GRANTING A SPECIAL USE PERMIT FOR AN ACCESSORY APARTMENT TO COMPLY WITH THE USE AND DESIGN STANDARDS ASSOCIATED WITH AN ACCESSORY APARTMENT IN AN ACCESSORY BUILDING ON A 0.346 ACRE PARCEL LOCATED AT 1047 BARRENS VILLAGE COURT (TAX MAP NO. 027.09-06-42.00-0000), HOLLINS MAGISTERIAL DISTRICT WHEREAS, David and Stace Todd have an accessory building on their property located at 1047 Barrens Village Court (Tax Map # 027.09-06-42.00-0000), in the Hollins Magisterial District; and WHEREAS, David and Stace Todd have constructed an addition on the accessory building and converted it to an accessory apartment; and WHEREAS, the accessory apartment does not meet principal structure setback requirements; and WHEREAS, David and Stace Todd, the applicants, have filed a petition for a special use permit to allow the accessory apartment within an accessory building on their property; and WHEREAS, the Planning Commission held a public hearing on this matter on November 4, 2019; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on October 22, 2019; and a second reading and public hearing on this matter on November 19, 2019. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. The Board finds that granting a special use permit to David and Stace Todd for an accessory apartment within an accessory building located at 1047 Barrens Village Court (Tax Map # 027.09-06-42.00-0000) (Hollins Magisterial District) is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the Code of Virginia, as amended, that it shall have a minimum adverse impact on the surrounding neighbourhood or community, and the Board further finds that it has given due consideration to the factors set forth in Section 30-19-1 of the Roanoke County Code. Accordingly, the special use permit is APPROVED. 2. The granting of the Special Use Permit does not waive the requirements that David and Stace Todd reactivate their County building permit for the accessory building, meet all accessory apartment use and design standards, complete all required inspections, and obtain a certificate of occupancy for the accessory apartment. 3. This ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. 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 ACTION NO. ITEM NO. I.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 19, 2019 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: County Administrator ISSUE: Open district appointments. BACKGROUND: 1. Board of Zoning Appeals (appointed by District) Bar District expired on June 30, 2019 2. Budget and Fiscal Affairs Committee (BFAC) (appointed by District) The following District appointments remain open: Cave Spring Magisterial District Vinton Magisterial District Windsor Hills Magisterial District Budget and Fiscal Affairs Committee (BFAC) (At-Large) Two open appointments 3. Economic Development Authority (EDA) (appointed by District) Leon McGhee, representing the Vinton Magisterial District, has resigned from the Page 1 of 2 EDA effective February 1, 2019. This appointment has a four-year term and will not expire until September 26, 2021. 4. Library Board (appointed by District) The following District appointment remains open: Vinton Magisterial District Windsor Hills Magisterial District 5. Parks, Recreation and Tourism (appointed by District) expired effective June 30, 2019. Fred -year term representing the Cave Spring Magisterial District has expired effective June 30, 2019. Open Windsor Hills 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 19, 2019 RESOLUTION APPROVINGAND 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 November19, 2019,designated as Item I-ConsentAgenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through3 inclusive, as follows: 1.Resolution establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2020 2.Request to accept and allocate grant funds in the amount of $15,000 from Appalachian Power's EconomicDevelopment Growth Enhancement (EDGE) Grant Program 3.Resolution supporting Virginia's Great Valley Lewis & Clark Eastern Legacy Trail (VGV-LCELT) 4.Resolution accepting and approving recommended changes to the Comprehensive Financial Policy 5.Resolution supporting the Blue Ridge Parkway Closure from Milepost 91 to Milepost 112 on June 7, 2020, for the Carilion Clinic Ironman 70.3 Virginia's Blue Ridge Race Page 1of 1 ACTION NO. ITEM NO. J.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 19, 2019 AGENDA ITEM: Resolution establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2020 SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: County Administrator ISSUE: To establish a Board of Supervisor's meeting schedule for calendar year 2020 BACKGROUND: The Board of Supervisors of Roanoke County annually establishes a schedule for its meetings. It has been the custom of this Board to schedule its meetings on the second and fourth Tuesdays of each month. The months of October, November and December are different in order to allow for holidays. Finally, the Board must schedule an organizational meeting for January 2021. Staff recommends the Board schedule its organizational meeting for Tuesday, January 14, 2021, at 2:00 p.m. DISCUSSION: There is no discussion associated with this agenda item. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution . 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 19, 2019 RESOLUTION ESTABLISHING A MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 2020 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That for calendar year 2020, the regular meetings of the Board of Supervisors of Roanoke County, Virginia, are set forth below with public hearings scheduled for 7:00 p.m. unless otherwise advertised. Tuesday, January 14, 2020 at 2:00 pm (Organizational Meeting) Tuesday, January 14, 2020 at 3 pm Tuesday, January 28, 2020 at 3 pm and 7 pm Tuesday, February 11, 2020 at 3 pm Tuesday, February 25, 2020 at 3 pm and 7 pm Tuesday, March 10, 2020 at 3 pm Tuesday, March 24, 2020 at 3 pm and 7 pm Tuesday, April 14, 2020 at 3 pm Tuesday, April 28, 2020 at 3 pm and 7 pm Tuesday, May 12, 2020 at 3 pm Tuesday, May 26, 2020 at 3 pm and 7 pm Tuesday, June 9, 2020 at 3 pm Tuesday, June 23, 2020 at 3 pm and 7 pm Tuesday, July 14, 2020 at 3 pm Tuesday, July 28, 2020 at 3 pm and 7 pm Tuesday, August 11, 2020 at 3 pm Tuesday, August 25, 2020 at 3:00 pm and 7 p.m. Tuesday, September 8, 2020 at 3 pm Tuesday, September 22, 2020 at 3 pm and 7 pm Page 1 of 2 Tuesday, October 6, 2020 at 3 pm Tuesday, October 20, 2020 at 3 pm and 7 pm Wednesday, November 4, 2020 at 3 pm Tuesday, November 17, 2020 at 3 pm and 7 pm Tuesday, December 1, 2020 at 3 pm Tuesday December 15, 2020 at 3 pm and 7 pm 2. That the organizational meeting for 2020 shall be held on Tuesday, January 12, 2021, at 2:00 p.m. Page 2 of 2 ACTION NO. ITEM NO. J.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 19, 2019 AGENDA ITEM: Request to accept and allocate grant funds in the amount of $15,000 from Appalachian Power's Economic Development Growth Enhancement (EDGE) Grant Program SUBMITTED BY: Jill Loope Director of Economic Development APPROVED BY: County Administrator ISSUE: Accept and allocate grant funds in the amount of $15,000 from Appalachian Power's Economic Development Growth Enhancement (EDGE) Grant Program BACKGROUND: Appalachian Power has a long history of collaboration and support for local, regional and state economic development efforts. The EDGE Program is designed to support economic development activity at local and regional levels. EDGE funds may be used for studies specifically related to business parks and facility development. Additionally, funds may be used for economic development marketing and promotional strategies, business retention and expansion, and sites and buildings. DISCUSSION: The Economic Development Department will utilize the grant funds to support the creation of an Economic Development Strategic Plan. FISCAL IMPACT: Grant funds from Appalachian Electric Power total $15,000 and no County match is Page 1 of 2 required. STAFF RECOMMENDATION: Staff recommends accepting and allocating $15,000 to the Economic Development Department for the Appalachian Electric Power Economic Development Growth Enhancement Program. Page 2 of 2 ACTION NO. ITEM NO. J.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 19, 2019 AGENDA ITEM: Resolution supporting Virginia's Great Valley Lewis & Clark Eastern Legacy Trail (VGV-LCELT) SUBMITTED BY: Daniel R. O'Donnell County Administrator APPROVED BY: County Administrator ISSUE: This resolution of support is a State-wide effort in order to obtain funding and for historical commemoration. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 19, 2020 RESOLUTION SUPPORTING CLARK EASTERN LEGACY TRAIL (VGV-LCELT) WHEREAS, in 1978, Congress established the Lewis & Clark National Historic Trail (LCNHT) from Wood River, Illinois to the mouth of the Columbia River in Oregon; and WHEREAS, in 2008, as a result of the positive tourism and economic impact of the LCNHT on trail communities, as well as a growing interest in knowing whole life stories, Congress authorized a feasibility study to be conducted by the National Park Service (NPS) to determine if the Lewis & Clark National Historic Trail should be extended eastward to include routes and sites associated with the preparation and return phases of the Lewis & Clark Corps of Discovery Expedition; and WHEREAS, on December 10, 2012, the Deputy Secretary of Natural Resources of the Common continued commitment to developing national historic trails; and WHEREAS, the National Park Service has collected a substantial amount of historical data concerning the travels of Captain Meriwether Lewis & Second Lieutenant William Clark in Virginia before and after the Expedition, either together or independently and for personal or business reasons, and for which the Great Valley Road was a frequent pathway when arriving in or returning from the state; and WHEREAS, in approximately 2013 and 2014, the National Park Service published maps of the route along the Great Valley Road that noted: the years they traveled in 1803, 1806 -1810, and 1812-1814; their route(s) through the counties of Washington, Smyth, Wythe, Pulaski, Montgomery, Roanoke, Botetourt, Rockbridge, Augusta, and Albemarle, as well as through cities and towns such as, but not limited to, Bristol, Abingdon, Marion, Wytheville, Pulaski, Christiansburg, Salem, Roanoke, Fincastle, Lexington, Greenville, Staunton, and Charlottesville; and, noted forty-four or more historic sites, including extant structures, locations of non-existing structures, river crossings, ferries utilized, of which many were visited by one or both Explorers; and WHEREAS, in late 2014, the National Park Service hinted and later decided to exclude the Virginia Great Valley Road route as an eastward extension of the Lewis & Clark National Historic Trail, recommending instead the water trail to and from Pittsburgh via the Mississippi/Ohio Rivers; and WHEREAS, in response to the National Park Service decision, the Committee for the Virginia Great Valley Lewis & Clark Eastern Legacy Trail sought assistance from Virginia Delegate Terry Austin who, having obtained fifty signatures of legislators as signatories, obtained passage of HJ # 566 in February 2015; that resolution having designate\[d\] the portion of the Lewis & Clark National Historic Trail that runs through the Commonwealth as the Lewis & Clark Eastern Legacy Trail in and further resolved designation of the Lewis & Clark Eastern Legacy Trail in Virginia on the General WHEREAS, a multi-disciplinary effort undertaken at the grassroots level by dedicated volunteers with guidance and assistance from the Virginia Departments of Conservation & Recreation, Historic Resources, Transportation, and the Virginia Tourism Corporation, along with other stakeholders at the local, state, and national level, has given almost nine and implement a Virginia Great Valley Lewis & Clark Eastern Legacy Trail; and WHEREAS, in the past year, an additional seventeen Virginia counties have been identified as also being traveled by the Explorers, including fourteen that are east and north of Charlottesville and Richmond, two in far Southwest Virginia, and one in Western Virginia; and WHEREAS, the Town of Urbanna of Middlesex County has begun to organize like the Virginia communities along the Virginia Great Valley Road route by selecting a Lewis & Clark project Chair and establishing a working committee; and WHEREAS, the Mission of the Virginia Great Valley Lewis & Clark Eastern Legacy Trail, as established by the Committee for Virginia Great Valley Lewis & Clark Eastern legacy Trail, in collaboration with Virginia Trail Partners, is relevant to an expanded trail of an additional seventeen Lewis & Clark traveled counties as follows: To expand heritage tourism and economic development in the Commonwealth by: Identifying and preserving the routes the Explorers traveled before and after the Expedition; Honoring and celebrating the connections of Meriwether Lewis & William Clark to Virginia, and to the people & places they visited during their travels; Recognizing the Virginia members of the Corps of Discovery who were from or returned to Virginia localities along the Great Valley Road; and, Encouraging citizen awareness and trail exploration in Virginia & beyond THEREFORE, BE IT RESOLVED that the undersigned support the Mission of the Virginia Great Valley Lewis & Clark Eastern Legacy Trail; and, in partnership with communities along Virginia Great Valley Lewis & Clark Eastern Legacy Trail, and other trail partners at the local, state, and national levels, endorse the request for funding from the 2020 General Assembly to staff and support operations for the continued development, implementation, and promotion of not only Virginia Great Valley Lewis & Clark Eastern Legacy Trail, its related historic sites, locations and people visited along the trail route, but to also continue the development and implementation of the additional seventeen Lewis & Clark-traveled counties to achieve a future Lewis & Clark Eastern Legacy ACTION NO. ITEM NO. J.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 19, 2019 AGENDA ITEM: Resolution accepting and approving recommended changes to the Comprehensive Financial Policy SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: County Administrator ISSUE: Acceptance of changes to the Comprehensive Financial Policy BACKGROUND: The Comprehensive Financial Policy requires an annual review. A work session was held on November 6, 2019, to discuss recommended changes and updates to the policy. DISCUSSION: As reviewed and discussed at the meeting on November 6, 2019, the following are the recommended changes to the current Comprehensive Financial Policy: - under Section 7 Item 3 A. the dates have been changed to remove fiscal year 2020 (County) and add fiscal year 2030 (Schools) - under Section 10 Item 2 A. amendments to the annual Unassigned Fund Balance policies for Item 1 Children's Services Act Fund has been decreased from 20% to 15% of budgeted annual expenditures - under Section 10 Item 2 A. addition to the annual Unassigned Fund Balance policies for Item 4 Communications and Information Technology Fund to include Page 1 of 2 5% of budgeted annual expenditures - under Section 10 Item 2 A. amendments to the annual Unassigned Fund Balance policies for Item 6 Emergency Communications Center (ECC) Fund has been decreased from 7.5% to 5% of budgeted annual expenditures - under Section 13 Item 1 responsible department has been changed to reflect the restructured Department of Finance and Management Services - the effective date of the Comprehensive Financial Policy has been changed from July 1, 2019 to November 19, 2019 The Comprehensive Financial Policy will be reviewed at least annually and can be changed by the Board at any time by resolution. FISCAL IMPACT: There is no impact to the current fiscal year budget related to the proposed changes to the Comprehensive Financial Policy. STAFF RECOMMENDATION: Staff recommends approval of the resolution accepting the recommended changes to the Comprehensive Financial Policy. Page 2 of 2 Policy Number PAGE 1 OF 17 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE EFFECTIVE DATE FINANCIAL POLICY JULY 1, 2019November 19,2019 Section 1 Overview 1. Background establish the framework for financial planning and management and provide guidelines against which budgetary performance can be measured and proposals for future funding can be evaluated. The policies further ensure that the County continues to be a model for excellence in government by providing direction in the areas of revenues, operating expenditures, Capital Improvement Program, reserves and debt management. 2. Purpose The primary objective of financial management policies is for the Board of Supervisors to create the framework for making sound financial decisions. The County Administrator is responsible for the daily administration of the Board's policies and general County operations. The County Administrator may designate other County officials to assist in the administration of these policies. These financial management policies are a statement of the guidelines and goals that influence and guide the financial management practices of the County of Roanoke. Financial management policies that are adopted, adhered to, and regularly reviewed are recognized as the cornerstone of sound financial management. 3. Objectives A. economic disruption in order to ensure continuous delivery of public services. B. To provide sound principles to guide the important decisions of the Board and of management which have significant fiscal impact. C. To assist sound management of County government by providing accurate and timely information on financial condition. D. To promote long-term financial planning in regards to both day-to-day operations and capital improvements. E. To set forth operational principles which minimize the cost of government, to the extent consistent with services desired by the public, and which minimize financial risk. F. To ensure the legal use of all County funds through a good system of financial security and internal controls. G. To employ policies which prevent undue or unbalanced reliance on certain revenues, which distribute the costs of county government services as fairly as possible, and which provide adequate funds to operate desired programs. H. facilities and its capital plan. I. To enhance access to short-term and long-term markets by helping to achieve the highest credit and bond ratings possible. J. Policy Number PAGE 2 OF 17 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE EFFECTIVE DATE FINANCIAL POLICY JULY 1, 2019November 19,2019 Section 2 Financial Reporting 1. A. Generally Accepted Accounting Principles of the United States of America (GAAP) B. Government Accounting Standards (GAS), issued by the Comptroller General of the United States C. The Uniform Financial Reporting Manual, issued by the Auditor of Public Accounts of the Commonwealth of Virginia D. Specifications for Audits of Counties, Cities and Towns, issued by the Auditor of Public Accounts of the Commonwealth of Virginia E. Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and the Compliance Supplement, issued by the U.S. Office of Management and Budget F. in Financial Reporting and Distinguished Budget Presentation Award Programs G. 2. The County will establish and maintain an internal control structure designed to protect the County from loss, theft and misuse. The structure will be designed to provide reasonable assurance of that objective; the concept of reasonable assurance recognizes that: A. The cost of a control should not exceed the benefits likely to be derived B. The valuation of costs and benefits requires estimates and judgments made by management 3. The County will also maintain a complete inventory of capital assets meeting its capitalization thresholds, in accordance with Generally Accepted Accounting Principles of the United States of America. 4. A comprehensive, annual financial audit, including an audit of federal grants, will be conducted by an independent public accounting firm, and the results of that audit will be presented publicly to the Board of Supervisors by December 31, following the end of the previous fiscal year. Section 3 Annual Budget 1. Budget Ordinances A. accordance with the Local Government Budget and Fiscal Control Act (N. C. G. S 159- 8{a}). This Act states that a budget ordinance is balanced when the sum of estimated net revenues and appropriated fund balances is equal to appropriations. Policy Number PAGE 3 OF 17 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE EFFECTIVE DATE FINANCIAL POLICY JULY 1, 2019November 19,2019 B. The General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, Schools and Internal Service Funds shall have legally adopted budgets through the annual budget ordinances. C. County staff shall provide for approval by the Board five ordinances providing appropriations for County and Schools operating, capital, and transfers. These ordinances will include: 1. 2. 3. to, and on behalf of, the Schools. 4. 5. D. The Board does not legally adopt budgets in instances where the County acts as fiscal agent for trust and agency funds. 2. Budgeting Process A. County staff shall provide to the Board a calendar of significant dates and legal requirements associated with the next fiscal year budget no later than October of each year. B. The County Administrator shall submit to the Board a balanced Capital Budget in January and a balanced Operating Budget in March for the next fiscal year. C. After a series of work sessions and public hearings on the budget, the Board of Supervisors shall adopt the annual operating and capital budgets for both the County and the Schools in May for appropriations effective July 1 of the next fiscal year. 3. Budgeting Philosophy The budget will provide for current expenditures balanced with current revenues. It will address the adequate maintenance and orderly replacement of capital assets, and the adequate funding of all retirement systems and other post-employment benefits (OPEB). Funding shall be identified for incremental operating costs associated with capital projects in the operating budget after being identified and approved in the Capital Improvement Program. 4. Budget Monitoring The County will maintain a budget control system and staff will monitor and evaluate expenditures and revenues as compared to budget and/or prior year-to-date reports. The County Administrator will propose recommendations to the Board for adjustments as needed. Section 4 Revenues and Expenditures 1. Revenues Policy Number PAGE 4 OF 17 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE EFFECTIVE DATE FINANCIAL POLICY JULY 1, 2019November 19,2019 A. The County will strive to maintain a diversified and stable revenue system to shelter the organization from fluctuations in any single revenue source and ensure its ability to provide ongoing service. B. r one-time revenues to be used to fund capital projects or other non-recurring expenditures. County staff will provide revenue estimates for the next fiscal year by using historical data, current economic conditions, and future economic projections. C. Revenue estimates are monitored on a regular basis to identify any potential trends that would significantly impact the revenue sources. In January of each year, County staff will provide for information to the Board a mid-year update of current year revenues as relates to the adopted budget. In September of each year, or soon thereafter as preliminary year- end revenue estimates are available, County staff will provide for information to the Board a year-end comparison of budgeted to actual revenues for the previous fiscal year. 2. Revenue Team A. A Revenue Team composed of County staff and appropriate Constitutional Officers meets to review current construction trends, the number of authorized building permits, housing sales, mortgage rates, and other economic data which impact Real Estate Tax revenue collections. B. In addition, the Revenue Team uses statistical models to estimate revenue categories including but not limited to: the Personal Property Tax; Local Sales Tax; Business, Professional, and Occupational License Tax; Consumer Utility Tax; Hotel and Motel Tax; Meals Tax; and Recordation Tax. 3. Fees and Charges A. Roanoke County, where possible, institutes user fees and charges for providing specialized programs and services. Established rates recover operational costs, indirect costs, and capital or debt service costs. The County will regularly review user fee charges and related expenditures to determine if it is meeting pre-established recovery goals. B. As part of the budget development process, County staff shall produce an annual Fee Compendium to be adopted by the Board of Supervisors at the same time as adoption of the Annual Budget Ordinances. The Fee Compendium will list all fees and charges imposed by the County for providing specialized programs and services. The Fee Compendium will provide details on the type of fee, authority to levy the fee, current fees, and proposed changes to the current fees. 4. Revenue Sharing Formula with Schools The Revenue Sharing formula establishes a mechanism to share County revenue with the Schools through the application of a formula. The formula accounts for the shifting dynamic between the level of student enrollment and the overall population of the County to determine Policy Number PAGE 5 OF 17 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE EFFECTIVE DATE FINANCIAL POLICY JULY 1, 2019November 19,2019 a revenue sharing ratio that provides both organizations an equitable amount of resources relative to need. The allocation formula includes the following calculations: A. Calculate Three-Year Average: Establish a three year rolling average index for the changes in county population and student enrollment. Using a rolling average eliminates significant fluctuations from year to year while recognizing that these trends affect the provision of services. The statistics used for this index will be derived from publicly available sources as follows: 1. County population - Population numbers published in the statistical section of the Roanoke County Comprehensive Annual Financial Report (County CAFR). 2. Student enrollment - Average Daily Membership (ADM) published in the statistical section of the Roanoke County Schools Comprehensive Annual Financial Report (School CAFR) and the Budget and Salary Scales (adopted budget). B. Calculate Net Allocation Change: 1. Calculate a payroll factor using the percentage of school personnel budget to total personnel budget for the County and the Schools for the current year. 2. The payroll factor should be applied to the change in the three year rolling average index and then applied to the current year index to arrive at a net tax allocation change for the new budget year. C. Calculate Increase/(Decrease) in School Transfer: 1. Apply the net tax allocation change to the allocation percent calculated in the prior year to arrive at the new percent of adopted budget net taxes. This percent is then applied to the projected County revenues for total general property taxes and total other local taxes as published in the Roanoke County Annual Financial Plan (General Fund Summary of Revenue). 2. Supervisors action) will be subtracted from the General Property and Local Tax projection. 3. New economic development incentives will be subtracted from the General Property and Local Tax projection and added back when each incentive arrangement expires. 4. Increases in the amount budgeted for Comprehensive Services Act (CPMT) will be subtracted from the General Property and Local Tax projection (since this provides benefits to and satisfies obligations of both the school and general population). 5. The increase or decrease in the school transfer is then added to or deducted from the transfer to schools for the previous year to arrive at the total transfer to schools for the next budget. D. financial plan. E. Other: 1. During each annual budget preparation cycle, County staff and School staff shall work collaboratively to determine the increase or decrease in the operating allocation to the schools from the County. Policy Number PAGE 6 OF 17 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE EFFECTIVE DATE FINANCIAL POLICY JULY 1, 2019November 19,2019 2. The allocation of revenues are subject to annual appropriations by the Board of Supervisors. 5. Expenditures non-departmental, and capital fund expenditures. In coordination with departments, Budget staff will monitor expenditures throughout the fiscal year to ensure compliance with legal requirements and accounting standards. Expenditure estimates are monitored on a regular basis to identify any potential trends that would significantly impact the approved budgeted expenditure levels. In January of each year, County staff will provide for information to the Board a mid-year update of current year expenditures as relates to the adopted budget. In September of each year, or soon thereafter as preliminary year-end expenditure estimates are available, County staff will provide for information to the Board a year-end comparison of budgeted to actual expenditures for the previous fiscal year. 6. Board of Supervisors Contingency Expenditure Budget The Board of Supervisors generally appropriates a Contingency budget to provide for unanticipated expenditures that arise during the year. This budget is recommended to be established at a minimum of $50,000, though the Board has the discretion to alter that amount through the budget appropriation process. The use of these funds require approval of the Board of Supervisors. 7. Expenditure Budget Transfers Language is included in the annual Operating and Capital Budget Ordinances providing the County Administrator, or his/her designee, the authority to transfer funds within and between appropriation functions. Amendments impacting the level of budget authority established by fund through the Annual Operating and Capital Budget Ordinances must be approved by the Board as a supplemental budget appropriation. Language governing expenditure budget transfers will be reviewed by staff and approved by the Board on an annual basis. 8. Revenue and Expenditure Forecasting A forecast of General Fund expenditures and revenues is developed as part of each budget process and is periodically updated. Individual and aggregate revenue categories, as well as expenditures, are projected by revenue and/or expenditure type. Historical growth rates, economic assumptions and County expenditure priorities are all used in developing the forecast. This tool is used as a planning document for developing the budget guidelines and for evaluating the future impact of current year decisions. Forecasts of revenues and ital Improvement Program. Information Policy Number PAGE 7 OF 17 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE EFFECTIVE DATE FINANCIAL POLICY JULY 1, 2019November 19,2019 9. Fiscal Impact Review It is County policy that all items having potential fiscal impact be presented to the Board of Supervisors for review. This review can be part of the annual operating or capital budgets, or agenda items. Effective management dictates that the Board of Supervisors and County citizens be presented with the direct and indirect costs of all items as part of the decision making process. 10. End of Year Designations All General Government unexpended appropriations and all General Government revenues collected in excess of appropriated revenues at the end of the fiscal year will not lapse but shall be re-appropriated and recommendations for use will be presented to the Board of Supervisors for approval during the final year-end report. Policy Number PAGE 8 OF 17 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE EFFECTIVE DATE FINANCIAL POLICY JULY 1, 2019November 19,2019 Section 5 Capital Improvement Planning 1. Ten-Year Capital Improvement Program (CIP) The County Administrator annually will submit to the Board for its consideration a ten-year Capital Improvement Program (CIP) pursuant to the timeline established in the annual budget preparation schedule. For inclusion in the Capital Improvement Program, a project or collection of projects generally must have an estimated useful life that exceeds five years with a total project cost of at least $100,000. The Capital Improvement Program shall include the following elements: A. A statement of the objectives of the Capital Improvement Program and its relationship to B. An estimate of the cost and anticipated sources of funds for each project included in the Capital Improvement Program. Each year of the ten-year program must be balanced in that all capital expenditures included in the plan must have an identified funding source. C. A summary of capital projects considered, but not included in the balanced ten-year program. D. An estimate of the fiscal impact of the project, including additional operating costs or E. Adherence to all policies related to debt and debt service as described in the section entitled 2. Capital Year Budget The first year of the Capital Improvement Program, also known as the Capital Year Budget, will be appropriated by the Board as part of the adoption of the annual Capital Budget Ordinance. The annual Capital Budget Ordinance shall set forth specific provisions regarding funds remaining at project completion and the ability of the County Administrator to transfer funds to facilitate the completion of an existing project. 3. Facilities Assessment The County and Schools shall obtain an independent, professional, and comprehensive facilities assessment to ascertain the present condition of each facility, and to assist the County and the Schools in forecasting capital funding requirements to address deficiencies. The assessment shall also be used to establish priorities for the maintenance, repair, enhancement, or replacement of facilities and their component systems, and to be used in the development of the Capital Maintenance Program and Capital Improvement Program. Further, the analysis as presented in the assessment shall be useful when identifying and justifying needs to support a future bond issue. This evaluation shall be reviewed internally by staff on an annual basis and updated by an independent professional every 7-10 years after the initial evaluation. Policy Number PAGE 9 OF 17 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE EFFECTIVE DATE FINANCIAL POLICY JULY 1, 2019November 19,2019 . 4. Capital Project Status Reports On a bi-annual basis, County staff shall provide the Board with a summary status of all active capital projects. The summary shall include status of the project, financial information, and other relevant information as determined by staff. Section 6 -as-you- 1. A number of options are available for financing the Capital Improvement Program, including bond proceeds and other non-County funding sources (e.g. grants and private capital -as- you- intent to show purposeful restraint in incurring long-term debt. 2. The decision for using current revenues to fund a capital project is based on the merits of the particular project in relation to an agreed upon set of criteria, including balancing capital needs versus operating needs. -as-you--recurring revenues should not be used for recurring expenditures. Section 7 Debt Management 1. Legal Requirements The County shall comply with all requirements of the Code of Virginia and other legal and for the County or its debt issuing authorities. The County shall comply with the U.S. Internal Revenue Service arbitrage rebate requirements for bonded indebtedness. In addition, the County will institute a control structure to monitor and ensure compliance with bond covenants. 2. Purposes for Debt Issuance The County may issue debt for the purpose of acquiring or constructing Capital Projects, including buildings, machinery, equipment, furniture and fixtures. This includes debt issued on behalf of the Schools for the same purposes. When feasible, debt issuances will be pooled together to minimize issuance costs. The Capital Improvements Program will identify all debt- related projects and the debt service impact upon operations identified. 3. Guidelines for Issuing Debt The County recognizes that the essential components of a debt policy are the limitations and guidelines set by the locality. The following guidel concerning indebtedness: Policy Number PAGE 10 OF 17 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE EFFECTIVE DATE FINANCIAL POLICY JULY 1, 2019November 19,2019 A. Debt issuances are limited to $10 million annually with one year designated for County capital projects and two years designated for School Capital projects included in the adopted Capital Improvement Program (CIP). Bond funding shall be allocated to the County in FY 2020, FY 2023, FY 2026, and FY 2029; to the Schools, FY 2021, FY 2022, FY 2024, FY 2025, FY 2027, and FY 2028 and FY2030. Effective with capital projects appropriated on or after accumulating bonding capacity where project costs exceed the $10 million limit. B. The County will not use short-term borrowing to finance operating needs, except in instances as described C. Long-term debt will be used in compliance with all aspects of the debt policy. D. The maturity of any debt will not exceed the expected useful life of the project for which the debt is issued. No bonds greater than twenty (20) years will be issued. E. Each project proposed for financing through debt issuance will have a multi-year analysis Debt Ratios as indicated in F. At a minimum, all issuances of Debt require approval and appropriation of the proceeds by the Board of Supervisors with additional approvals, if applicable, indicated in the section entitled 4. Funding Sources for the Debt Payment Reserve Fund A. Annual contributions to the Debt Payment Reserve Fund shall total $8.2 million from the following sources: $4.2 million from County sources, $2.2 million from School sources, and $1.8 million from expired Economic Development incentives. Additionally, changes in debt service payments beneficial to the fund shall be retained by the Fund. Contributions will be accounted for in the Debt Payment Reserve Fund. B. The Debt Payment Reserve Fund will use a benchmark interest rate assumption of six percent (6%). Contribution levels to support the capital financing plan will be reviewed annually and changed upon mutual agreement of the Board of Supervisors and School Board. C. Funding in the amount of $1 million from the County and $1 million from the Schools will continue for the Capital Maintenance Programs and be included in the Capital Improvement Program. Section 8 Debt Limits 1. The County does not have any Constitutional or Statutory Debt Limits. The County does abide by the following self-imposed debt targets: A. Net Outstanding and Projected Debt as a Percentage of Total Taxable Assessed Value will not exceed three percent (3%) in the current fiscal year or subsequent fiscal year Policy Number PAGE 11 OF 17 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE EFFECTIVE DATE FINANCIAL POLICY JULY 1, 2019November 19,2019 B. General Obligation Current and Projected Debt Service as a Percentage of General Government Expenditures will not exceed ten percent (10%) in the current fiscal year or Government expenditures include the Governmental Fund expenditures, the School Board component unit expenditures, and County and School transfer to capital projects and (CAFR). 2. All debt ratio calculations shall include debt issued on behalf of the Schools. These ratios will be calculated each year in conjunction with the budget process and the annual audit. Section 9 Types of Debt/Structural Features 1. Revenue Anticipation Notes A. flow to avoid the need for Revenue Anticipation Notes (RANs). B. ability to forecast when the revenue source will be received subsequent to the timing of funds needed. C. The County will issue RANs for a period not to exceed the one year period permitted under the Constitution of Virginia, Article VII section 10. 2. General Obligation Bonds A. The Constitution of Virginia, Article VII section 10, and the Public Finance Act provide the authority for a County to issue General Obligation (GO) Debt with no limit on the amount of GO Debt that a County may issue. The County may issue GO Debt for capital projects or other properly approved projects. B. All debt secured by the general obligation of the County must be approved by the Board of Supervisors and a public referendum, with the exception of Virginia Public School Authority (VPSA) Bonds and State Literary Fund Loans, which do not need approval by referendum. 3. VPSA Bonds and State Literary Fund Loans A. School capital projects may be constructed with debt, either through VPSA Bonds or State Literary Fund Loans, and refunding bonds with preference given to accessibility and interest rates. B. Approval of the School Board is required prior to approval by the Board of Supervisors. 4. Lease/Revenue Bonds A. The County may issue Lease/Revenue bonds to fund enterprise activities or for capital projects that may generate a revenue stream, or issuance through the Virginia Resources Authority. Policy Number PAGE 12 OF 17 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE EFFECTIVE DATE FINANCIAL POLICY JULY 1, 2019November 19,2019 B. If applicable, the bonds will include written covenants, which will require that the revenue sources are sufficient to fund the debt service requirements. C. Cost of issuance, debt service reserve funds and capitalized interest may be included in the capital project costs and thus are fully eligible for reimbursement from bond proceeds. 5. Capital Acquisition Notes and Leases The County may issue short-term notes or capital leases to purchase buildings, machinery, equipment, furniture and fixtures. 6. Moral Obligation Debt A. The County may enter into leases, contracts, or other agreements with other public bodies, which provide for the payment of debt when revenues of such agencies may prove insufficient to cover debt service. B. Payment of such moral obligation debt service will be done when the best interest of the County is clearly demonstrated. C. While such moral obligation support does not affect the debt limit of the County, the limit potential demands on the County. There is no legal obligation, but the County is placing its good name and reputation on the line and there is every expectation that the County would make good any deficiencies when a default exists. 7. Credit Objectives The County of Roanoke will strive to maintain or improve its current bond ratings. The County cial (CAFR) and the Operating and Capital Improvement Program Budget. 8. Authorized Methods of Sale The County will select a method of sale that is the most appropriate in light of financial, market, transaction-specific and issuer-related conditions. Debt obligations are generally issued through competitive sale. If the County and its financial advisor determine that a competitive sale would not result in the best outcome for the County, then a negotiated sale, private placement or other method may be chosen. 9. Selecting Outside Finance Professionals The County of Roanoke will retain external finance professionals to be selected through a competitive process. The finance professionals will include, but may not be limited to, the financial advisor, bond counsel and the underwriter. The finance professionals will assist in Policy Number PAGE 13 OF 17 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE EFFECTIVE DATE FINANCIAL POLICY JULY 1, 2019November 19,2019 developing a bond issuance strategy, preparing bond documents and marketing bonds to investors. The length of the contracts will be determined by the County. The selection process will require experience in the following: municipal debt, diverse financial structuring, and pricing municipal securities. 10. Post-Issuance Compliance A. The Director of Finance will oversee post-issuance compliance activities to ensure compliance with federal guidelines and other legal regulatory requirements including: 1. Tracking proceeds of a debt issuance to ensure they are spent on qualified tax-exempt debt purposes 2. Maintaining detailed records of all expenditures and investments related to debt funds 3. Ensuring that projects financed are used in a manner consistent with legal requirements 4. Reporting of necessary disclosure information and other required fillings in a timely manner 5. Monitoring compliance with applicable arbitrage rules and performing required rebate calculations in a timely manner B. The Director of Finance may consult with bond counsel, financial advisors or other professionals as deemed appropriate to meet the post-issuance compliance requirements. Section 10 Reserves 1. General Government Fund A. Balance will be maintained to provide the County with sufficient working capital and a comfortable margin of safety to address emergencies and unexpected declines in revenue. B. support recurring operating expenditures outside of the current budget year. If a budget variance requires the use of Unassigned Fund Balance, the County will decrease the fiscal years to subsidize General Fund operations. C. Fund Number Fund Name Policy C100 General Government Fund Twelve percent (12%) of budgeted annual General Government expenditures Policy Number PAGE 14 OF 17 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE EFFECTIVE DATE FINANCIAL POLICY JULY 1, 2019November 19,2019 D. In the event that the provide for temporary funding of unforeseen emergency needs, the County shall restore the balance to the twelve percent (12%) minimum, as defined above, within two fiscal years following the fiscal year in which the event occurred. This will provide for full recovery of the targeted General Government Fund Unassigned Fund Balance in a timely manner. E. Funds in excess of the maximum annual requirements outlined above may be considered pay-as-you- with Board approval. 2. Other General Funds A. For the funds listed below, an annual Unassigned Fund Balance shall be maintained as follows: Fund Item Number Fund Name Policy FifteenTwenty percent (1520%) of budgeted 1. C111 annual expenditures Act (CSA) Ten percent (10%) of budgeted annual Criminal Justice 2. C126 expenditures Academy Seven and a half percent (7.5%) of budgeted 3. C130 Fleet Service Center annual expenditures Communications and Five percent (5%) of budgeted annual Information expenditures 4. C141 Technology (CommIT) Ten percent (10%) of budgeted annual Communications 54. C142 expenditures Shop Emergency Seven and a half Five percent (57.5%) of 65. C144 Communications budgeted annual expenditures Center (ECC) Five percent (5%) of budgeted annual 76. C150 Recreation Fee Class expenditures Policy Number PAGE 15 OF 17 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE EFFECTIVE DATE FINANCIAL POLICY JULY 1, 2019November 19,2019 B. temporary funding of unforeseen emergency needs, the County shall restore the balance to the minimum, as defined above, within two fiscal years following the fiscal year in which the event occurred. This will provide for full recovery of the targeted Fund Unassigned Fund Balance in a timely manner. C. Funds in excess of the Unassigned Fund Balance policy outlined above may be -as-you- expenditures with Board approval. D. balance but do not have a specific annual target. These County Funds are not permitted to expend funds in excess of available revenues. 3. Capital Reserve Funds -as-you- capital projects as detailed in the approved Capital Improvement Program. Contributions to the Capital Reserve Fund will primarily be made with year-end expenditure savings and revenue surplus balances. On annual basis, County staff shall present to the Board for consideration the allocation of year-end balances to support the Capital Reserve Fund. There are no minimum fund balance requirements associated with the Capital Reserve Fund. 4. Internal Service Fund Reserves The County has three funds classified as Internal Services Funds; they include the Health Insurance Fund, Dental Insurance Fund, and Risk Management Fund. A. Health Insurance Fund (Fund C700) 1. So as long as the County continues the current policy of self-insuring health insurance costs, a reserve for healthcare costs shall be maintained as follows: Fund Number Fund Name Policy C700 Health Insurance Fund Ten percent (10%) of budgeted healthcare costs plus a reserve equal to the estimated incurred but not reported (IBNR) claims. 2. To the extent the reserve falls below the minimum threshold of 10%, the reserve will be restored to that level within two fiscal years. Funds in excess of the Unassigned Fund Balance policies in all Other Funds outlined in this policy may be transferred to the Health Insurance Fund to restore the Health Insurance Fund Balance policy with Board approval. 3. At no time shall the use of funds in excess of the 10% fund balance plus a reserve equal to the estimated incurred but not reported (IBNR) claims be used to reduce the annual employee contribution to the Health Insurance Fund, except in cases where a temporary rate adjustment has been made to restore minimum Health Insurance Fund Policy Number PAGE 16 OF 17 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE EFFECTIVE DATE FINANCIAL POLICY JULY 1, 2019November 19,2019 Balance levels. Funds in excess of the Unassigned Fund Balance policy outlined above -as-you- nonrecurring expenditures with Board approval. B. Dental Insurance (Fund C705) So as long as the County elects to provide a fully insured Dental plan, no reserve is required. If the County elects to self-insure Dental Insurance costs in the future, a reserve for dental costs will be established by the Board. C. Risk Management (Fund C710) 1. So as long as the County continues the current policy of self- Compensation costs, a reserve for Risk Management costs shall be maintained as follows: Fund Number Fund Name Policy C710 Risk Management Fund Ten percent (10%) of budgeted risk management costs plus a reserve equal to the estimated incurred but not reported (IBNR) claims. A reserve of $500,000 shall be established for potential auto or property claims. 2. To the extent the reserve falls below the established policy, the reserve will be restored to that level within two fiscal years. Funds in excess of the Unassigned Fund Balance policies in all Other Funds outlined in this policy may be transferred to the Risk Management Fund to restore the Risk Management Fund Balance policy with Board approval. 5. Roanoke County Public Schools Reserves and Year End Allocation A. Roanoke County Public Schools will maintain a $2 million unappropriated balance. This balance is available for unexpected revenue shortfalls, unplanned significant expenditures increases, and emergency appropriations. The balance will be reserved for financial emergencies and when appropriations are necessary, the balance will be replenished with the next available year end funds from the School Operations. B. All School Operating Fund appropriations remaining at the end of the year will not lapse but shall be appropriated to the Schools and used for Major Capital projects, Minor Capital projects, Capital Maintenance Program, School Safety and Security, and/or Comprehensive Services Act reserves. Policy Number PAGE 17 OF 17 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE EFFECTIVE DATE FINANCIAL POLICY JULY 1, 2019November 19,2019 Section 11 Cash Management/Investments 1. he maintenance of liquidity of the investment and optimization of the rate of return within the parameters of the Code of Virginia, respectively. Funds held for future capital projects are invested in accordance with these objectives, and in such a manner so as to ensure compliance with U.S. Treasury arbitrage regulations. The County maintains cash and temporary investments in several investment portfolios. 2.The Treasurer, County of Roanoke (an elected Constitutional Officer) is responsible for maintaining and updating a separate investment policy, which is approved by the Board of Supervisors. Section 12 Internal Controls 1.Acomprehensive system of financial internal controls shall be maintained in order to protect 2.Managers at all levels shall be responsible for implementing sound controls and for regularly monitoring and measuring their effectiveness. Section 13 Administration and Approvals 1.Responsible Department TheDepartmentofFinanceandtheOffice of Management and Budgetand Management Services responsible for the administration of this policy. 2.Policy Authority The Board of Supervisors authorizes the use of this policy. 3.Amendment of Policy These rules may be changed or amended by resolution of the Board of Supervisors. 4.Review Date This policywill be reviewed annually and updated as necessary for modifications. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 19, 2019 RESOLUTION ACCEPTING AND APPROVING RECOMMENDED CHANGES TO THE COMPREHENSIVE FINANCIAL POLICY WHEREAS, the County adopted a Comprehensive Financial Policy effective July 1, 2019; and WHEREAS, the policy is to be reviewed and updated as necessary for modifications; NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That under Section 7 Item 3 A. the dates have been changed to remove fiscal year 2020 (County) and add fiscal year 2030 (Schools); and 2. That under Section 10 Item 2 A. amendments to the annual Unassigned Fund Balance policies for Item 1 Children's Services Act Fund has been decreased from 20% to 15% of budgeted annual expenditures; and 3. That under Section 10 Item 2 A. addition to the annual Unassigned Fund Balance policies for Item 4 Communications and Information Technology Fund to include 5% of budgeted annual expenditures; and 4. That under Section 10 Item 2 A. amendments to the annual Unassigned Fund Balance policies for Item 6 Emergency Communications Center (ECC) Fund has been decreased from 7.5% to 5% of budgeted annual expenditures; and 5. That under Section 13 Item 1 the responsible department has been changed to reflect the restructured Department of Finance and Management Services; and Page 1 of 2 6. The effective date of the Comprehensive Financial Policy has been changed from July 1, 2019 to November 19, 2019 Page 2 of 2 ACTION NO. ITEM NO. J.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 19, 2019 AGENDA ITEM: Resolution supporting the Blue Ridge Parkway closure from Milepost 91 to Milepost 112 on June 7, 2020, for the Carilion Clinic Ironman 70.3 Virginia's Blue Ridge Race SUBMITTED BY: Doug Blount Director of Parks Recreation and Tourism APPROVED BY: County Administrator ISSUE: Resolution of support to close the Blue Ridge Parkway from Milepost 91 to 112 on June 7, 2020 to allow The Ironman Group to use this section for the cycling portion of the Carilion Clinic Ironman 70.3 Virginia's Blue Ridge Race. BACKGROUND: The Carilion Clinic IRONMAN® 70.3® Virginia's Blue Ridge triathlon will be held on June 7, 2020 in the Roanoke Valley in Virginia's Blue Ridge Mountains. The event will offer 40 age-group qualifying slots to the 2020 IRONMAN 70.3 World Championship in Taupõ, New Zealand. The 2020 Carilion Clinic IRONMAN 70.3 Virginia's Blue Ridge triathlon will begin with a rolling start format. The race will include a 1.2-mile swim at Carvins Cove, 56-mile bicycle ride through Botetourt County, and a 13.1 mile run on the Roanoke River Greenway. The finish line for the event will be at River's Edge Park. This event will generate over $9,000,000 in economic impact to the Roanoke Region with over 2500 athletes participating in the race and another 10,000 spectators attending the event. DISCUSSION: Botetourt and Roanoke Counties and Roanoke City have been partnering together to Page 1 of 2 develop a race route for the running and cycling portion of the triathlon. The coalition of partners feels that the Blue Ridge Parkway between milepost 91 and 112 provides the best race route option for part of the cycling route. The Blue Ridge Parkway between milepost 91 and 112 would need to be closed for approximately 4 to 5 hours on Sunday morning, June 7, 2020, for the race. The Blue Ridge Parkway is taking public comments on this application for closure until November 22, 2019. FISCAL IMPACT: There is no financial impact for supporting this resolution. STAFF RECOMMENDATION: Staff supports approval of the resolution. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, NOVEMBER 19, 2019 RESOLUTION SUPPORTING THE BLUE RIDGE PARKWAY CLOSURE FROM MILEPOST 91 TO MILEPOST 112 ON JUNE 7, 2020 FOR THE WHEREAS, the 469-mile Blue Ridge Parkway joins the Shenandoah National Park in Virginia with the Great Smoky Mountains National Park in North Carolina; and WHEREAS, The Blue Ridge Parkway connects directly with many adjacent ; and WHEREAS, development a partnership to offer a signature racing event on June 7, 2020; and WHEREAS, an estimated nine-million-dollar economic impact to the region with over twenty-five hundred athletes participating in the race and over ten thousand spectators attending the race; and WHEREAS, The event will take place in Botetourt County, Roanoke City, Town of Vinton and Roanoke County; and WHEREAS, The surrounding jurisdictions and The Ironman Group have identified the most ideal bike route using a section of the Blue Ridge Parkway from milepost 91 to 112 for a portion of the race route; and WHEREAS, The National Park Service will meet its mission through this request by cooperating with partners to extend the benefits of natural and cultural resource conservation and outdoor recreation through its parks across the United States; and Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors requests the National Park Service allow the closure from Parkway milepost Page 2 of 2 БЉЏͲЉЌБ (815,480) ЊͲЏЋЊͲЎЊБ /ğƦźƷğƌ wĻƭĻƩǝĻƭ υ υ Ώ 50,000 ЎЉͲЉЉЉ .ƚğƩķ /ƚƓƷźƓŭĻƓĭǤ υ υ ЊЋ͵Љі і ƚŅ wĻǝĻƓǒĻƭ DĻƓĻƩğƌ DƚǝĻƩƓƒĻƓƷ 718,298 ЋЋͲББЉͲЎЉЉЋЌͲЎВБͲАВБ .ğƌğƓĭĻ υ υ ƓğƦƦƩƚƦƩźğƷĻķ /ƚǒƓƷǤ ƚŅ wƚğƓƚƉĻ Cźƭĭğƌ —ĻğƩ ЋЉЊВΏЋЉЋЉ ƓğƦƦƩƚƦƩźğƷĻķ .ğƌğƓĭĻͲ .ƚğƩķ /ƚƓƷźƓŭĻƓĭǤͲ ğƓķ /ğƦźƷğƌ wĻƭĻƩǝĻƭ Appropriated from 2019-20 budget (Ordinance 052819-4) Appropriated for 2019-20 budget (Ordinance 052819-5) ƓğǒķźƷĻķ ĬğƌğƓĭĻ ğƭ ƚŅ WǒƓĻ ЌЉͲ ЋЉЊВ Approved Sources:Approved Uses:.ğƌğƓĭĻ ğƷ bƚǝĻƒĬĻƩ ЊВͲ ЋЉЊВ 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, 2019AdditionsDeletionsNovember 19, 2019 General Obligation Bonds$ 1,866,987$ -$ -$ 1,866,987 VPSA School Bonds 91,947,188 - 8,885,422 83,061,766 Lease Revenue Bonds 75,035,000 - 3,060,000 71,975,000 Subtotal 168,849,175 - 11,945,422 156,903,753 Premiums 11,356,389 - - 11,356,389 $ 180,205,564$ -$ 11,945,422 -$ 168,260,142 Submitted ByLaurie L. Gearheart Director of Finance and Management Services Approved ByDaniel R. O'Donnell County Administrator %% e 80 c 14 n .. a 43 i 9.36%0.00%4.04%0.00%6.88%7.79%0.55%2.00%3.17%3.99%2.03% 1 r-5.45%-5.84% 15.32%30.00%29.68%68.08%69.39% -31.16%-13.44%-71.45% a 100.00% V f so e c % n a i r 69 0 33 a 34 34 V ,, s l 33 7,4511,6828,7809,9857,9454,034 95 a(5,455)(1,267)(2,219) 79,69824,45645,58013,25946,190 12 u(24,892)(44,321)(50,016)(24,340) ,203,300 t 1 c A $1,131,080 %% t 69 e s 23 .. g e 60 d 7.66%2.53%0.00%0.00%4.63% u 2 -0.67% u 24.58%25.04%25.99%22.55%12.93%29.06%28.66%28.50%25.68%37.38%27.46%25.66%37.82%25.54%20.40%23.33% n B e v f e o R % 24 00 r 84 49 a s 51 e ,, e 83 Y 4,067 u 14 (5,455) t 33,63911,67016,50234,066 n 44 n 851,091184,318,813,748856,858313,739308,204438,616151,923418,510,198,257 e 87 e v 2,955,0351,158,327 r e r $7,383,173 u R s C e u n 00 e 06 v 0 0 210 ,, t e 57 e R 20 g 90,00042,50015,85064,600 l 45 d 750,000180,000,820,000530,000,524,225167,000 a 46 u 3,400,0003,250,0003,800,0006,775,0002,383,6001,509,5091,468,3574,510,000 u 33 B t 33,675,00011,370,594 1 c $96,420,000 A E d K n %% t O a 33 e s 53 N d .. g e A 50 e d 6.73%2.30%0.78%0.00%4.54%0.00%8.37%7.14% u t 2 u 22.11%23.84%26.24%24.18%13.26%28.48%20.85%27.74%24.09%25.16%30.26%39.45%33.13%32.45% n O e B e g R v f d e o F u R O B % f Y o T t 55 00 n N 40 15 r e s 27 U General Fund - C100 ,, a e 59 m e O 3,7255,334 u 28 e Y24,89223,65418,72058,406 n t C 21 771,393176,867,858,069906,873289,283306,522429,837106,343405,251,194,223 r e a 77 v t o 2,751,7351,112,138 i e r S $6,252,093 PR e v i t a r 54 40 a 06 210 p ,, t For the Four Months Ending Thursday, October 31, 2019 20 e m 86 g 94,00044,50017,62556,500 o 63 d 800,000180,000,650,000510,000,492,365180,000 C 5 u 0 3,210,0003,600,0003,750,0006,372,7002,312,3871,509,5091,461,0524,616,011 33 B 33,546,38410,484,945 1 $92,945,661 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 Real Estate TaxesPersonal Property TaxesPublic Service Corp BasePenalties & Interest on Property TaxesPayment In Lieu Of TaxesCommunication TaxesLocal Sales TaxConsumer Utility TaxBusiness License TaxFranchise TaxMotor Vehicle License FeesTaxes On Recordation & WillsUtility License TaxHotel & Motel Room TaxesTaxes - Prepared FoodsOther TaxesAnimal Control FeesLand and Building FeesPermitsFeesClerk of Court FeesPhotocopy Charges %%%%% e 80942 c 99523 n ..... a 52853 i 0.00%2.74%8.42%8.86%6.58%0.00%0.00% - 411 r 4-5.13%-0.35%-1.78% 95.64%15.95%38.18% - -42.90%-39.06%-14.77% a V f so e c % n a )) i r 25481 000 18001 a 82673 V ,,,,, s l 57767 3,673 13565 a(2,838)(5,480)(4,315) 60,44236,83016,808 (( 1 u(37,285)(63,697)(10,409) 172,188101,298100,462 t c A %%%%% t 97456 e s 41554 ..... g e 29060 d 0.00%0.00%0.00% u 31322 u 19.17%30.09%31.06%26.66%20.04%12.85%32.86%21.14%23.59%26.11%26.56%33.00% n 107.26% B e v f e o R % 1609 2 000 r 11570 a s 69574 e ,,,,, e 46830 Y u 68193 t 86,91663,19655,35514,02896,469 n 2104 n ,134,240199,699431,191583,264 e 1 e v 1,079,7441,242,5751,143,5781,526,162 r e r u R C 500 55 00 80072 35208 ,,,,, t 43803 e 4,500 15820 g 70,000 84311 d 453,500210,000178,200,750,514408,536944,775,402,000 42 u 4,050,0755,268,3774,380,0002,195,6834,625,000 B %%%%% t 40792 e s 47472 ..... g e 50210 d 2.20%0.00%9.53%0.00%0.00% u 33222 u 30.70%39.80%21.73%48.77%42.66%20.02%24.70%22.75%28.11%31.95% n 119.83% B e v f e o R % 6 3247 000 20469 r s 42900 ,,,,, a e 04073 e 2,754 u 82627 Y58,19319,50859,639 n 2193 124,202907,556130,567182,891494,888593,673 r e v o 1,246,8901,042,2801,425,700 i e r PR 00055 0 00068 25271 ,,,,, t 14145 e 5,000 907 54 g 40,00038,000 74228 d 404,500125,000146,200,625,514306,036913,635,413,000 41 u 4,176,7655,047,7434,580,4522,112,1734,462,294 B s y t e r s e n p e o c r is s e L P e r c di ud t v n i n r ae a fe s r s y S u o e e r o F e n o e f o F d n , ns 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 Fines and ForfeituresRevenues from Use of MoneyRevenues From Use of PropertyCharges for ServicesCharges for Public ServicesEducation Aid-StateReimb-Shared Programs SalemMiscellaneous RevenueRecovered CostsNon-Categorical AidShared ExpensesWelfare & Social Services-CategoricalOther State Categorical AidWelfare & Social ServicesEducation Aid-FederalOther Categorical Aid %%%% e 0009 c 5008 n .... a 2007 i 0.00%0.00% r a V f so e c % n a i r 8009 00 33 a 36 V ,, s l 38 29 a 17 u , t 1 c A %%%% t 9006 e s 1005 .... g e 9001 d 0.00%0.00% u 21 u n B e v f e o R % 00 92 00 r 65 a s 77 e ,, e 62 Y u 28 t n 97 n ,, e 42 e v r 2 e r u R C 0 083 0 690 52 9 ,,, t 585 e 710 g 830 d ,,, 617 u 1,318,298 19 B 1 %%%% t 0009 e s 9009 .... g e 8000 d 0.00%0.00% u 21 u n B e v f e o R % 00 13 00 31 r s 41 , a, e 34 e u 08 Y n 89 ,, r e 40 v o i 2 e r PR 2641 6894 6485 ,,,, t 0764 e 45 23 g 6429 d ,447,486256,894, 6 u 0 19 B 1 e u n e s v e e c R r l u a o r S e d g e n i F c n s 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 SourcesTransfers T %%%%% e 47104 c 96046 f ..... n o 4.24%7.44%0.00%0.00%0.00%6.79%0.00% 01809 a -0.91%-3.15%-5.24%-1.44% i 33.89%46.36%12.22%13.30%27.14%17.95%12.62% 2 1 r -14.23%-11.35%-14.71% - % a V s e ) c 0000 85751 n 68923 a i 03065 r ,,,,, a4,298 29573 (3,540) s 42,45567,82437,071 l66210 V (37,947)(45,866)(53,015)(31,770)(50,508) 207,332720,000383,139115,846302,156104,915 a2114 (308,821) , ( u t1 c A %%%%% 31151 t 34134 m ..... e u 0.00%0.00%0.00%0.00% 98421 g c 30.53%28.97%35.11%28.17%28.72%34.63%35.08%31.31%37.26%33.64%30.27%34.81%33.40%28.76%49.29%29.54%32.73% 22333 d n u E B &f o p s x e % cE n a r b 0000 98219 m 29700 us 18493 c e ,,,,, r s n c 44186 a e n E r 68358 e a 103,566143,603447,770337,128249,950206,869622,276343,310246,639 u 47141 r dY t ,,,, i 2,216,9605,084,8865,897,1222,899,5131,557,8681,728,5782,395,2781,544,393 nb t 2444 d an 1 m n e s u e r r ec p r u n x u t CE E i d & n e E p K x 0000 O93033 E 49597 l N 31659 a A,,,,, u 13438 t t O 06282 c e R 339,239409,010670,810614,961500,358 47473 A g ,,,,, 7,653,1001,589,4961,173,6979,259,3505,146,9054,965,3501,862,8511,193,5268,109,9494,718,666 Fd 82133 d 14,685,28616,809,204 u 411 O n B a Y d T e Nt e U g General Fund - C100 O d u C %%%%% B 95365 t f 67438 m ..... e o u 0.00%0.00%0.00%0.00% 02330 g t c 29.90%30.81%28.90%15.10%33.79%35.98%32.87%30.38%30.16%29.05%29.66%36.05%38.04%32.54%50.00%29.66%30.61% 32333 d n n u e E B m &f e to p a x t % E S For the Four Months Ending Thursday, October 31, 2019 e v i t a 0000 65917 r 12478 a s 82230 p e ,,,,, s c 42647 m r e n 97,468 r01530 o a a 119,749239,920372,306182,126169,434692,559393,818250,179 u 76948 e r C t ,,,, i 2,487,6005,083,9535,173,1332,517,0371,441,5281,737,0312,117,4301,439,478 b Y 2243 d r1 m n o u e i r c p n Px E E & 0000 66514 45052 45233 ,,,,, 30311 t 19 594 e 325,980414,373603,792583,344500,358 86723 g ,,,,, 8,073,0931,588,8181,101,7388,284,3304,859,5194,817,8231,820,5641,210,1017,138,3004,702,666 d 82832 14,128,61315,736,470 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 LegislativeGeneral & Financial AdministrationElectoral Board & OfficialsGCourtsOther Judicial SupportJLaw Enforcement & Traffic ContFire and RescueCorrection & DetentionAnimal ControlPGeneral Services AdministrationRefuse DisposalMaint Buildings & GroundsEngineeringInspectionsGarage ComplexPMental HealthPublic HealthSocial Services AdministrationComprehensive Services ActPublic AssistanceSocial Services OrganizationsH %%%%% e 18440 c 30719 f ..... n o 7.96%0.00%0.00%4.98%0.00%0.00% 22312 a -7.96%-4.09% i 35.59%21.96%60.25% 2 r -12.00%-22.69%-50.51%-32.65% - % 100.00% a V s e ) c 0000 58769 n 02409 a i 41941 r ,,,,, a3,269 84537 (4,014) s 55,000 l49708 V (59,235)(36,242)(53,872) ( 107,640172,926130,391 a149 (185,639) , u 1,738,070 t1 (1,334,665) c A %%%%% 28181 t 49639 m ..... e u 0.00%0.00%0.00%0.00% 23374 g c 32.41%32.43%24.38%20.31%23.57%25.70%17.67%35.25%61.84%50.00%36.16%60.39% 32333 d n u E B &f o p x % E 0000 02089 96736 s 04924 e ,,,,, r s c 9,187 87798 a e n 17,69155,000 r 12277 e a 761,796303,116106,655597,361593,685 u 14747 r Y t ,,,, i 1,356,2933,472,7382,885,003 b t 2458 d 32,594,235 n 36 m n e u e r r c p u n x CE E & 000 27333 69530 18649 ,,,,, 32615 t 87,09752,000 38620 e 452,528960,000110,000768,298 57090 g ,,,,, 2,350,6514,182,5111,243,2722,324,3809,851,9754,777,203 d 61447 90,144,230 u 199 B1 %%%%% 05056 t 84459 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%29.65%11.38%38.58%54.51%38.07%26.73% 33333 d n u E B &f o p x % E 00000 67125 26330 s 35287 e ,,,,, s c 5,918 81353 r e n 21,705 r42874 a a 804,319339,335160,527756,827463,294 u 05507 e r t ,,,, i 1,244,0073,357,1931,146,932 b Y 2456 d 33,928,900 r36 m n o u e i r c p n Px E E & 000 04231 27884 81145 ,,,,, 98334 t 87,09752,000 45 213 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 B1 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 Parks & RecreationLibraryCultural EnrichmentPPlanning & ZoningCooperative Extension ProgramEconomic DevelopmentContribution to Human Service OrganizationsCEmployee BenefitsDixie Caverns Landfill CleanupMiscellaneousTax Relief/Elderly & HandicappRefuse Credit VintonBoard ContingencyUnappropriated BalanceNInterfund Transfers OutIntrafund Transfers OutTG 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 19, 2019 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of 31-Oct-19 SUMMARY OF INFORMATION: CASH INVESTMENT: SUNTRUST CON7,800,453.617,800,453.61 GOVERNMENT: SCOTT STRINGFELLOW CONTRA6,702.00 SCOTT STRINGFELLOW 28,003,173.84 WELLS FARGO1,000,000.00 WELLS FARGO CONTRA(230.00)29,009,645.84 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION 20,573,570.2920,573,570.29 MONEY MARKET: ATLANTIC UNION BANK2,017,832.60 AMERICAN NATIONAL BANK2,067,061.62 HOMETRUST BANK11,655.78 SCOTT STRINGFELLOW 17,853,600.81 WELLS FARGO4,249,768.48 26,199,919.29 TOTAL83,583,589.03 11/19/19 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 19, 2019 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 member’s 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 1of 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 19, 2019 AGENDA ITEM: The petition of Roanoke Valley Resource Authority to obtain a special use permit for a sanitary landfill on approximately 8.05 acres zoned AG-3, Agricultural/Rural Preserve, District and to amend the special use permit for an existing sanitary landfill (Smith Gap Landfill) on approximately 886.80 acres zoned AG-3S, Agricultural/Rural Preserve, District with a special use permit, located on the northwest side of Fort Lewis Mountain between Smith Gap, and Bradshaw Road, Catawba Magisterial District SUBMITTED BY: Philip Thompson Acting Director of Planning APPROVED BY: County Administrator ISSUE: Agenda item for public hearing and second reading of ordinances for a special use permit for a sanitary landfill on 8.05 acres and to amend an existing special use permit for an existing sanitary landfill on 886.80 acres. BACKGROUND: · Roanoke Valley Resource Authority (RVRA) is requesting a Special Use Permit (SUP) for a sanitary landfill on 8.05 acres of property transferred to the RVRA on February 13, 2019, by Norfolk Southern. When owned by Norfolk Southern, this property was exempt from local zoning since it was regulated by the federal government. Due to the property transfer to RVRA, the property is now subject to local zoning regulations. · RVRA is also requesting to amend its existing SUP by deleting the reference to 1991 SUP resolution. It is proposed that any SUP conditions be incorporated into Page 1 of 2 the ordinance. · A sanitary landfill is allowed only by special use permit in the AG-3 district. DISCUSSION: The Planning Commission held a public hearing on this request on November 4, 2019. Four (4) citizens spoke on this request during the public hearing. Their concerns/comments included keeping tractor trailers hauling municipal solid waste off of Bradshaw Road, the broken pavement damage from trucks on Bradshaw Road, traffic safety issues, preference for hauling trash by train, environmental concerns, detrimental effects of the landfill, and safety concerns at Williby Road and railroad tracks/future road. The Planning Commission discussed whether the landfill policies should be added to the special use permit conditions, the length of the rail right-of-way in total (4.5 miles) and in Roanoke County (1,100+ feet), the current water system, road construction/conversion, DEQ regulations, erosion and sediment control and stormwater management regulations, primary and secondary access to the landfill, number of truck trips today on Bradshaw Road, width of proposed road (26 feet), and safety issues (signs, gates) to be installed at Williby road if the railroad is converted to a road. The Commission recommends approval of a special use permit on 8.05 acres for a sanitary landfill and to amend the existing special use permit on 886.80 acres with sixteen (16) conditions dealing with access, conversion, types of waste, operating hours, emergency operations, noise, dust, odors, lighting, pests, citizen complaints, active fill areas, monitoring, screening and buffering, site security, and fire protection and public water. 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 for a special use permit on 8.05 acres for a sanitary landfill and to amend the existing special use permit on 886.80 acres with sixteen (16) conditions dealing with access, conversion, types of waste, operating hours, emergency operations, noise, dust, odors, lighting, pests, citizen complaints, active fill areas, monitoring, screening and buffering, site security, fire protection and public water. Page 2 of 2 DRAFT SUGGESTED CONDITIONS (SUBJECT TO CHANGE) (ORIGINAL PERMIT CONDITIONS ARE HIGHLIGHTED) 1.Access:Primary access to the Smith Gap Landfill for the delivery of municipal solid wasteshall be along the Transportation Corridor(previously known as the Rail Corridor). In the event the primary access is unavailable for two or more business days, the Roanoke Valley Resource Authority (or subsequent owners) will make reasonable efforts to transport all municipal solid waste to oneor more fully permitted third-party sanitary landfills until such time as the primary access can be resumed. In the event that the Roanoke Valley Resource Authority (or subsequent owners) cannot through reasonable efforts contract for sufficient immediate transportation services to transport municipal solid waste to third party landfills, and until sufficient services can be obtained, Bradshaw Road will serve as the secondary access for the delivery of municipal solid wasteto the landfill. 2.Conversion:Ifthe Transportation Corridor is converted from rail to a road, then all municipal solid waste will be transported to third party landfills during construction of this conversion. TYPES OF WASTE In order to protect surrounding residents and prolong the life of the Landfill site, the following conditions are made concerning the types of waste that may be accepted. 1. No hazardous waste will be allowed at any time during the entire life of the Landfill. 2. Wastes designated as “special wastes” shall be disposed of in separate sections of the areas designated for sanitary waste. 3. Non-hazardous incinerator Ash may be disposed of as a special waste in the new Landfill. 4. Only properly approved waste may be accepted, with the main objective always being to safely dispose of materials and prolong the useful life of the Landfill. 3.Types of Waste:Only properly approved waste may be accepted, with the main objective always being to safely dispose of materials and prolong the useful life of the landfill. Wastes designated as “special wastes” shall be disposed of in accordance with current waste management regulations. No hazardous waste will be allowed at any time during the entire life of the landfill. OPERATING HOURS In consideration of the adjoining neighborhoods, it is recommended that the following operating limits be placed at the new facility: 1. Normal working hours shall be: Monday-Friday Saturday 1 Deliver of Waste by Authorized Vehicle 8:00 am-5:00 pm 8:00 am-3:30 pm Deliver of Waste by Rail 7:00 pm-12:00 pm 7:00 pm-12:00 pm Operation of all Equipment 8:00 am-8:00 pm 8:00 am-6:30 pm 2. Emergency operations shall allow for extended hours on all days and Sundays whenever an emergency has been duly declared by the Roanoke County Administrator. 3. Operating hours can only be changed by action of the Board of Supervisors, after public notice and hearing. 4.Operating Hours:Normal working hours shall beas follows:Delivery of Waste by Authorized Vehicle –Monday through Friday from 7:00 a.m. to 5:00p.m., Saturday from 7:00 a.m. to 3:30 p.m.; Delivery of Waste by Rail –Monday through Saturdayfrom 10:00 a.m. –12:00 a.m.;Operation of all equipment –Monday through Friday from 7:00 a.m. to 8:00 p.m., Saturday from 7:00 a.m. to 6:30 p.m. 5.Emergency Operations:Emergency operations shall allow for extended hours on all days and Sundays whenever an emergency has been duly declared by the County Administrator of Roanoke Countyor his/her designee. Circumstances for Emergency Operations include, but are not limited to, natural disasters or short-term (less than 2 days), temporary operating interruptions resulting from equipment failureor contract service interruptions.Emergency operations may require use of third-party landfills or use of secondary access to the Smith Gap Landfill(Bradshaw Road). OPERATING CONTROLS Effective control over potential Landfill pests and nuisances are of great concern to all residents surrounding the Landfill site. The following policies are designed to minimize such nuisances: 1.Noise a. Noise levels generated by the Landfill machinery and equipment may not exceed the following amounts: b. Landfill operations vehicles must be equipped with the best possible muffler or exhaust system available to minimize noise 2.Dust a. Fugitive dust emissions will be monitored by an authorized agent of Roanoke County or by the Landfill Operators for compliance with state regulations. b. Problem areas arising during dry seasons will be controlled with water. c. Access roads should be cleaned and dust controlled with water if excessive amounts of dust are generated. d. Any fill area of intermediate cover must be seeded in vegetative cover within 30 days of fill. 3. Odor a. Odor problems will be minimized if the Landfill operation is conducted properly and active fill areas are covered daily. 2 b. If problem odors exist that adversely impact surrounding residents, deodorizing agents will be used. c. All holding tanks for Leachate collection systems shall be in enclosed underground structures. 4. Lights a. Sufficient lighting must be maintained at all times to facilitate normal operations and to provide adequate security over the Landfill site. b. Lighting must be directed inward to keep the main-body of light and glare off surrounding residents. c. Adjoining property owners will be consulted as to light placement, direction and height. d. Lighting shall be limited to fixtures attached to buildings as necessary for security and operations and freestanding poles of not more than 16 feet in height, and no lights shall exceed one foot-candle of light measured at the base of the pole or structure. 5. Pests a. A bonded, licensed pest control company will be retained by the Landfill Agency throughout the active life of the Landfill to provide preventive inspections and treatments. b. Adjoining property owners who incur pest problems that are proven to be directly related to the Landfill operation must be provided proper extermination at the expense of the Landfill Agency. c. Breeding areas for flying insects must be treated as often as is necessary to prevent the breeding cycle. 6. A telephone number will be provided for use of surrounding residents including those in the rail corridor to call in complaints about noise, dust, odor, or pests. These calls will be recorded and corrective actions documented. 6.Noise: Noise levels may not exceed the following limits: 80 db (decibels) at landfill site borders; 65 db (decibels) at surrounding residences. 7.Dust:Dust shall be controlled in accordance with the landfill’s state solid waste facility permit. Problem areas arising during dry seasons will be controlled with water. Access roads should be cleaned and dust controlled with water if excessive amounts of dust are generated. 8.Odors:Odors shall be controlled in accordance with the landfill’s state solid waste facility permit. If problem odors exist that adversely impact surrounding residents, deodorizing agents maybe used.All holding tanks for leachatecollection systems shall be in enclosed structures. 9.Lighting:Sufficient lighting must be maintained at all times to facilitate normal operations and to provide adequate security over the landfill site.All exterior lighting fixtures shall be designed, located and arranged so as not to direct glare on adjoining streets or residential properties. The intensity at adjoining streets or residential properties shall not exceed 0.5 foot candles. Lighting shall be limited to fixtures attached to buildings asnecessary for security and operations and freestanding poles of not more than 16 feet in height. 3 10.Pests.A bonded, licensed pest control company will be retained throughout the active life of the landfill to provide preventive inspections and treatments.Adjoining property owners who incur pest problems that are proven to be directly related to the landfill operation must be provided proper extermination at the landfill owner’s expense. 11.Citizen Complaints:A telephone number will be provided for use of surrounding residents including those in the Transportation Corridor to call in complaints (noise, dust, odor, pests, or other issues). These calls will be recorded/loggedand corrective actions documented.The complaint log shall be opento public inspection. ACTIVE FILL AREAS The active areas of the Landfill are regulated by the Virginia Department of Waste Management. Strict guideline are specified in the regulations; however, the Landfill Citizens Advisory Committee feels that active areas shall be designed to allow for final cover as soon as possible. Fill areas should be designed as far as practical from adjoining properties to provide maximum buffering, and in no case should extend within 100 feet of the Landfill boundary line. 12.Active Fill Areas:The active fill areas of the landfillshall comply with the landfill’s state solid waste facility permit.Fill areas should be designed as far as practical from adjoining properties to provide maximum buffering, and in no case should extend within 100 feet of the landfill boundary line. ENVIRONMENTAL MONITORING 1. The responsible Landfill Agency must have all landfill facilities inspected at least annually by a qualified independent contractor to determine compliance with all special exception permit conditions and all other landfill conditions. Any violations must be reported to the responsible Landfill Agency and shall be made public information and the Landfill Agency shall take whatever steps are necessary to immediately correct the violations. 2. The responsible Landfill Agency will be required to log all complaints from any adjoining residents or businesses of the landfill and rail corridor and all reasonable and legitimate complaints shall receive the proper attention and shall be corrected immediately. The complaint log shall be open to public inspection. 13.Monitoring:The Virginia Department of Environmental Qualityconducts inspections during the year to ensure compliance with the landfill’s state solid waste facility permit. Any violations shall be reported and made public information. The Roanoke Valley Resource Authority (or subsequent owner) shall take whatever steps are necessary to immediately correct any violation. SCREENING AND BUFFERING Adequate screening and buffering is a paramount concern of the Landfill Citizens Advisory Committee. Effective screening and buffering can reduce or mitigate the adverse impacts of noise, dust, and light from the landfill on adjoin properties, as well as improve the visual appearance of the landfill operation. 4 In addition, landscaping of obtrusive buildings and active areas within the landfill can reduce the visual blight from improved properties which are above and overlook the landfill site. Finally, minimizing the size of active and disturbed areas and immediate seeding of these areas once activity ceases can further reduce this visual blight. To address these items, the following standards are recommended. Additional requirements may be formulated for site specific conditions upon review of the proposed landfill sites. Any modification shall be subject to such site specific circumstances, as determined by the Director of Planning. 1. The following buffer yard and plantings shall be established around the perimeter of the landfill property, except adjacent to an existing residential property or private right-of-way. Trees shall be planted in three separate rows or in clusters, where natural land characteristics allow within the buffer yard. a. 50 foot buffer yard; b. Three large deciduous trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard; c. Five large evergreen trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard; and, d. Seven small evergreen trees with an ultimate height of 15 feet or greater per 100 linear feet of buffer yard. 2. In areas adjacent to an existing residential property or public or private right-of-way, the following shall be established and maintained around the perimeter of the landfill property. Trees shall be planted in three separate rows or in clusters, where natural land characteristics allow with the buffer yard. a. 100 foot buffer yard; b. Six large deciduous trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard; c. Ten large evergreen trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard; and, d. Fifteen small evergreen trees with an ultimate height of 15 feet or greater per 100 linear feet of buffer yard. 3. The buffer yard may only be used for passive recreation, such as pedestrian, bike or equestrian trails provided that: a. No plant material is eliminated; b. The total width of the buffer is maintained; and c. All other requirements and conditions are met. 4. Buildings, active landfill areas, equipment storage areas and other facilities shall be landscaped in such a manner as to enhance (but not necessarily screen) the visual appearance from adjoining properties. 5. The administrative standards and procedures contained under Section 21-92 of the Roanoke County Zoning Ordinance shall apply unless more restrictive or specific standards are required above. 6. The rail line may or may not be able to be totally buffered by natural topography or feasibly by normal screening methods. Where feasible, buffering will be negotiated with the property owner during purchase negotiations with Norfolk Southern. 14.Screening and Buffering: 5 a. The following buffer yard and plantings shall be established around the perimeter of the landfill property, except adjacent to an existing residential property or private right-of-way. Trees shall be planted in three separate rows or in clusters, where natural land characteristics allow within the buffer yard.50-foot buffer yard with three large deciduous trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard, five large evergreen trees with an ultimate height of 50 feet orgreater per 100 linear feet of buffer yard,andseven small evergreen trees with an ultimate height of 15 feet or greater per 100 linear feetof buffer yard. b.In areas adjacent to an existing residential property or public or private right-of- way,thefollowing shall be established and maintained around the perimeterof the landfill property. Trees shall be planted in three separate rows or in clusters, where natural land characteristics allow with the buffer yard.100-foot buffer yard with six large deciduous trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard, ten large evergreen trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard,andfifteen small evergreen trees with an ultimate height of 15 feet or greater per 100 linear feet of buffer yard. c. Buffer yardsmay only be used for passive recreation, such as pedestrian, bike or equestrian trails provided that: no plant material is eliminated; the total width of the bufferis maintained; and all other requirements and conditions are met. d.Buildings, active landfill areas, equipment storage areas and other facilities shall be landscaped in such a manner as to enhance (but not necessarily screen) the visual appearance from adjoining properties. SITE SECURITY In compliance with State regulations, the following suggestions are to make the landfill the most up to date facility. 1. All facilities shall be surrounded on all sides by natural barriers, fencing, or an equivalent means of controlling vehicles access and preventing illegal disposal. All access will be limited by gates, and such gates shall be securable and equipped with locks. a. All fencing utilized at the facility shall be adequate to control unauthorized access. b. Gates shall be at the main entrance as well as the entrance to additional service areas. 2. Access to a solid waste disposal facility (landfill) shall be permitted only when an attendant is on duty and only during daylight hours, unless otherwise specified in the facility permit, such as for rail delivery of waste. 3. Each solid waste disposal facility should be provided with an adequately lighted and heated shelter where operating personnel can exercise site control and have access to essential sanitation facilities. Lighting, heat and sanitation facilities may be provided by portable equipment, as necessary. a. Dusk to dawn light to be placed around buildings and at each of the security gates. 4. All sanitary landfills will be equipped with permanent or mobile telephone or radio communications. 6 a. The main security gate should be able to communicate with all necessary areas of the landfill. 5. The operator is responsible for safety hazards to operating personnel through an active safety program. a. Security rules and regulations shall be posted at each gate. b. Security guard of landfill personnel shall be on site 24 hours each day. 6. All vehicle access points to the rail spur shall be properly gated, with lock, and shall be posted with “No Trespassing” signs. Signs will also be posted at intervals along the rail spur. 15.Site Security: All facilities shall be surrounded on all sides by natural barriers, fencing, or an equivalent means of controlling vehicles access and preventing illegal disposal. All access will be limited by gates, and such gates shall be securable and equipped with locks.All fencing utilized at the facility shall be adequate to control unauthorized access. Gates shall be at the main entrance as wellas the entrance to additional service areas. Access to a solid waste disposal facility (landfill) shall be permitted only when an attendant is on duty and only during operating hours, unless otherwise specified in the facility permit, such as for rail delivery of waste.Each solid waste disposal facility should be provided with an adequately lighted and heated shelter where operating personnel can exercise site control and have access to essential sanitation facilities. Lighting, heat and sanitation facilities may be provided by portable equipment, as necessary.Dusk to dawn lights maybe placed around buildings and at each of the security gates.All sanitary landfills will be equipped with permanent or mobile telephone or radio communications. The main security gate should be able to communicate with all necessary areas of the landfill. The operator is responsible for safety hazards to operating personnel through an active safety program.Security rules and regulations shall be posted at each gate. Security guard of landfill personnel shall be on site 24 hours each day.All vehicle access points to theTransportation Corridor shall be properly gated, with lock, and shall be posted with “No Trespassing” signs. Signs will also be posted at intervals along the Transportation Corridor. FIRE PROTECTION AND PUBLIC WATER Fire protection for the site shall be provided on site with adequate storage, distribution, and hydrants to properly extinguish fires. The system shall be designed as a potable water system in conformance with the standards of Roanoke County. The system may be deeded to Roanoke County for ownership and operation. The system shall be designed to serve all on-site water needs as well as being capable of serving adjoining properties. Expansion of the water supply system, except when groundwater contamination has been documented, shall be prohibited without prior review for consistency with the Comprehensive Plan. This review shall follow the requirements and criteria outlined in Section 15.1-491(h) Site Plan Review, of the Code of Virginia. 16.Fire Protection and Public Water:Fire protection for the site shall be provided on site with adequate storage, distribution, and hydrants to properly extinguish fires. The system shall be designed as a potable water system. The system shall be designed to serve all on-site water needs as well as being capable of serving adjoining properties. Expansion of 7 the water supply system, except when groundwater contamination has been documented, shall be prohibited without prior review for consistency with the Comprehensive Plan. SITE REJECTION The Special Exception permit for a landfill shall become null and void upon official notification of the rejection of the site by the Department of Waste Management or the date Roanoke County selects not to submit a Part “B” application for the site. 8 STAFF REPORT Petitioner:Roanoke Valley Resource Authority Request: Special use permitfor a sanitary landfill on approximately 8.05 acres zoned AG-3, Agricultural/Rural Preserve, District and to amend the special use permit for an existing sanitary landfill (Smith Gap Landfill) on approximately 886.80 acres zoned AG-3S, Agricultural/Rural Preserve, District with a special use permit Location:8484BradshawRoad Magisterial District:Catawba Suggested Conditions:See Attached Document EXECUTIVE SUMMARY: Roanoke Valley Resource Authority(RVRA)is requestinga Special Use Permit (SUP) for a sanitary landfill on 8.05 acres of property transferred to the RVRA on February 13, 2019, by Norfolk Southern. This property is part of the transportation corridor (previously referred to as rail corridor) located in Roanoke County. When owned by Norfolk Southern, this property was exempt from local zoning since it was regulated by the federal government. Due to the property transfer to RVRA, the property is now subject to local zoning regulations. RVRA is also requesting to amend its existing SUP by deleting the reference to the “amended landfill permit conditions and operating policies” referenced in the 1991 SUP resolution.It is proposed that any SUP conditions be incorporated into the ordinance. These properties are located at 8484 Bradshaw Road, Salem VA 24153. The subject parcelsarezoned AG-3 Agricultural/Rural Preserve, andaredesignated Rural Preserveon the future land use map of the Roanoke County Comprehensive Plan. Rural Preserve is a future land use area of mostly undeveloped, outlying lands. These rural regions are generally stable and require a high degree of protection to preserve agricultural, forestal, recreational, and remote rural residential areas. 1. APPLICABLE REGULATIONS The Roanoke County Zoning Ordinance defines a sanitary landfillas: “the use of land for the legal disposal of municipal solid waste derived from households, business and institutional establishments, including garbage, trash, and rubbish, and from industrial establishments, other than hazardous wastes as described by the Virginia Hazardous Waste Regulations.” A sanitary landfill,which is classified as an industrial use,is allowed only by special use permit in the AG-3 district, and is subject to use and design standards under Sec. 30-87-2 of the Roanoke County Zoning Ordinance (attached). 2. ANALYSIS OF EXISTING CONDITIONS Background–In 1989, the Board of Supervisors approveda special exception permit for a sanitary landfill(Smith Gap Landfill). The special exception permit was issued to the Board of Supervisors. The primary access for trash delivery was proposed to be by a new road that would be constructed to the landfill site. The special exception was approved subject to landfill permit conditions and operating polices that were contained in a documentthat was attached and incorporated by reference to the approving resolution. 1 In 1991, the Board of Supervisors granted a special use permit amending the permit conditions and operating policies for the Smith Gap Landfill. The special use permit was issued to the Roanoke Valley Resource Authority. The primary access for trash delivery was by a rail corridor. The special use permit was subject to the amended permit conditions and operating policies contained in a document that was attached and incorporated by reference to the approving resolution. In 1993, the Board of Supervisors approved a special exception permit which amended the extent of the Smith Gap Landfill to the actual surveyed acreage of the landfill (752.01 acres) and added another 126.74 acres as part of the sanitary landfill which included the entrance, tipper building, and rail yard (878.75 total acres). Topography/Vegetation–The landfill property is mostly wooded except for those portions that have been developed: access road off Bradshaw Road, railroad tracks, tipper, buildings and active fill area. The property slopes significantly from Bradshaw Road to the rear of the property. The property has significant topography elevation changes throughout the site. Surrounding Neighborhood–The subject parcelis surrounded by parcels also zoned AG-3in Roanoke County, and A-1 Agricultural in Montgomery County.Private properties, some undeveloped and others developed asresidential uses, surround the landfill site. 3. ANALYSISOF PROPOSED DEVELOPMENT Proposed Project–This special use permit would add 8.05 acres to the operation of the Smith Gap Landfill (878.75 acres). This property has been utilized in the operation ever since the rail spur has operated. The property was exempt from local zoning when it was owned by Norfolk Southern. In addition, the applicant is seeking to remove the reference to the “amended landfill permit conditions and operating policies” referenced in the 1991 SUP resolution. Staff suggests incorporating any special use permit conditions into the ordinance. Operational Issues–This special use permit does not include the method of transportation (road versus rail) along the transportation corridor (previously referred to as the rail corridor). That decision will be made by the Roanoke Valley Resource Authority Board. Agency Comments–The following comments were provided byvarious agencies on this request: Building Safety:Any construction for this project will need to meet the requirements of the applicable Virginia Uniform Statewide Building Code. Economic Developmentoffers no objection to theproposed special use permit request by the RVRA. Fire & Rescue:With the potential of the railway being converted to a trucking corridor, it could increase the likelihood of an accident occurring. Fire and Rescue would be interested in access points ofthe corridor and access for any gates. Solid Waste:No impact on solid waste. Stormwater:No comment. VDOT:1. A land use permit will be required if a new entrance is needed from the VDOT right-of-way or for the change in use of an existing entrance.2. The VDOT Road Design Manual, Appendix F: Access Management Design Standards for Entrances and Intersectionsmust be adhered to where applicable for commercial entrances. This includes but is not limited to commercial entrance spacing and intersection sight 2 distance. The intersection sight distance must be field verified and measures taken to ensure the minimum required distances can be met. 3. The department will not issue an approval of the plans or any necessary Land Use Permits until the locality approves this request. In addition, information regarding any changes to the existing drainage system should also be included for review. Western Virginia Water Authority:No comment. Community Meeting -A community meeting was held on October 17, 2019 atMasons Cove Elementary School. Approximately 100 citizens attended the meeting. Questions and concerns included: environmental concerns, leachate spilling onto roads from trailers, impacts to Bradshaw Road, the inadequacy of Bradshaw Road, odors, air quality, water quality, groundwater concerns, the landfill’s service area, operational issues associated with the landfill including hauling trash by train versus truck and the costs associated with each, traffic safety issues with trailers on Bradshaw Road, and the need to fix Bradshaw Road. A summary of the meeting is attached. 4. CONFORMANCE WITH ROANOKE COUNTY COMPREHENSIVEPLAN The subject parcelis designated Rural Preserveon the future land use map of the Roanoke County Comprehensive Plan. Rural Preserve is a future land use area of mostly undeveloped, outlying lands. These rural regions are generally stable and require a high degree of protection to preserve agricultural, forestal, recreational, and remote rural residential areas.Land use types included in Rural Preserve include agricultural production, agricultural services, forest and wood products, parks and outdoor recreation facilities, rural residential, rural institutional, mining and extraction operations. 5. STAFF CONCLUSIONS Roanoke Valley Resource Authorityis requesting aSUPfor sanitary landfill for a recently transferred 8.05-acre parcel adjacent to the approximately 887-acre Smith GapLandfill, currently operating under aSUP.This property is part of the transportation corridor (previously referred to as rail corridor) located in Roanoke County. The proposed useis compatible with surrounding uses and development and the existing SUP for Smith Gap Landfill. RVRA is also requesting to amend its existing SUP by deleting the reference to the “amended landfill permit conditions and operating policies” referenced in the 1991 SUP resolution. It is proposed that any SUP conditions be incorporated into the ordinance. The subject parcels are zoned AG-3 Agricultural/Rural Preserve, andare designated Rural Preserveon the future land use map of the Roanoke County Comprehensive Plan. CASE NUMBER: 15-11/2019 PREPARED BY:Philip Thompson HEARING DATES: PC: 11/4/19BOS: 11/19/19 ATTACHMENTS:Suggested Conditions Application Aerial Maps Zoning Maps Future Land Use Maps 1991 Ordinance Landfill Permit Conditions and Operating Policies Document –10/22/92 1993 Ordinance Community Meeting Summary AG-3District Standards Sanitary Landfill Use & Design Standards Rural Preserve Future Land Use Designation 3 DRAFT SUGGESTED CONDITIONS (SUBJECT TO CHANGE) Access:Primary access to the Smith Gap Landfill for the delivery of municipal solid wasteshall be along the Transportation Corridor(previously known as the Rail Corridor).In the event the primary access is unavailable for two or more business days, the Roanoke Valley Resource Authority (or subsequent owners) will make reasonableefforts to transport all municipal solid waste to one or more fully permitted third-party sanitary landfills until such time as the primary access can be resumed. In the eventthat the Roanoke ValleyResource Authority (or subsequent owners) the Authority cannot through reasonable efforts contract forsufficient immediate transportation services to transport municipal solid waste to third party landfills, and until sufficientservices can be obtained,Bradshaw Roadwill serve as the secondary accessfor the delivery of municipal solid wasteto the landfill. Conversion:Ifthe Transportation Corridor is converted from rail to a road, then allmunicipal solid waste will be transported to third party landfills during construction of this conversion. Types of Waste:Only properly approved waste may be accepted, with the main objective always being to safely dispose of materials and prolong the useful life of the landfill. Wastes designated as “special wastes” shall be disposed of in accordance with current waste management regulations. No hazardous waste will be allowed at any time during the entire life of the landfill. Operating Hours:Normal working hours shall beas follows:Delivery of Waste by Authorized Vehicle –Monday through Friday from 7:00 a.m. to 5:00p.m., Saturday from 7:00 a.m. to 3:30 p.m.; Delivery of Waste by Rail –Monday through Saturdayfrom 10:00 a.m. –12:00 a.m.; Operation of all equipment –Monday through Friday from 7:00 a.m. to 8:00 p.m., Saturday from 7:00 a.m. to 6:30 p.m. Emergency Operations: Emergency operations shall allow for extended hours on all days and Sundays whenever an emergency has been duly declared by the County Administrator of Roanoke Countyor his/her designee. Circumstances for Emergency Operations include,but are not limited to,natural disasters or short-term (less than 2 days), temporary operating interruptions resulting from equipment failureor contract service interruptions.Emergency operations may require use of third-party landfills or use of secondary access to theSmith Gap Landfill(Bradshaw Road). Noise: Noise levels may not exceed the following limits: 80 db (decibels) at landfill site borders; 65 db (decibels) at surrounding residences. Dust:Dust shall be controlled in accordance with the landfill’sstate solidwaste facility permit. Problem areas arising during dry seasons will be controlled with water. Access roads should be cleaned and dust controlled with water if excessive amounts of dust are generated. Odors:Odorsshall be controlled in accordance with the landfill’sstate solidwaste facility permit.If problem odors exist that adversely impact surrounding residents, deodorizing agents maybe used.All holding tanks for leachate collection systems shall be in enclosed structures. Lighting:Sufficient lighting must be maintainedat all times to facilitate normal operations and to provide adequate security over the landfill site.All exterior lighting fixtures shall be designed, located and arranged so as not to direct glare on adjoining streets or residential properties. The intensity at adjoining streets or residential properties shall not exceed 0.5 foot candles. Lighting shall be limited to fixtures attached to buildings as necessary for security and operations and freestanding poles of not more than 16 feet in height. Pests.A bonded, licensed pest control company will be retained throughout the active life of the landfill to provide preventive inspections and treatments.Adjoining property owners who incur pest problems that are proven to be directly related to the landfill operation must be provided proper extermination at the landfill owner’s expense. Citizen Complaints:A telephone number will be provided for use of surrounding residents including those in the Transportation Corridor to call in complaints (noise, dust, odor, pests, or other issues). These calls will be recorded/loggedand corrective actions documented.The complaint log shall be open to public inspection. Active Fill Areas:The active fill areas of the landfillshall comply with the landfill’sstate solid waste facility permit.Fill areas should be designed as far as practical from adjoining properties to provide maximum buffering, and in no case should extend within 100 feet of the landfill boundary line. Monitoring:The Virginia Department of Environmental Quality conducts inspections during the year to ensure compliance with the landfill’s state solid waste facility permit. Any violations shall be reported and made public information.The Roanoke Valley Resource Authority (or subsequent owner) shall take whatever steps are necessary to immediately correct any violation. . Screening and Buffering: a. The following buffer yard and plantings shall be established around the perimeter of the landfill property, except adjacent to an existing residential property or private right-of-way. Trees shall be planted in three separate rows or in clusters, where natural land characteristics allow within the buffer yard.50-foot buffer yard with three large deciduous trees with an ultimate height of 50 feet or greaterper 100 linear feet of buffer yard, five large evergreen trees with an ultimate height of 50 feet orgreater per 100 linear feet of buffer yard,andseven small evergreen trees with an ultimate height of 15 feet or greater per 100 linear feetof buffer yard. b.In areas adjacent to an existing residential property or public or private right-of-way, the following shall be established and maintained around the perimeterof the landfill property. Trees shall be planted in three separate rows or in clusters, where natural land characteristics allow with the buffer yard.100-foot buffer yardwith six large deciduous trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard, ten large evergreen trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard,and fifteen small evergreen trees with an ultimate height of 15 feet or greater per 100 linear feet of buffer yard. c. Buffer yardsmay only be used for passive recreation, such as pedestrian, bike or equestrian trails provided that: no plant material is eliminated; the total width of the buffer is maintained; and all other requirements and conditions are met. d.Buildings, active landfill areas, equipment storage areas and other facilities shall be landscaped in such a manner as to enhance (but not necessarily screen) the visual appearance from adjoining properties. Site Security: All facilities shall be surrounded on all sides by natural barriers, fencing, or an equivalent means of controlling vehicles access and preventing illegal disposal. All access will be limited by gates, and such gates shall be securable and equipped with locks.All fencing utilized at the facility shall be adequate to control unauthorized access.Gates shall be at the main entrance as well as the entrance to additional service areas.Access to a solid waste disposal facility (landfill) shall be permitted only when an attendant is on duty and only during operating hours, unless otherwise specified in the facility permit, such as for rail delivery of waste.Each solid waste disposal facility should be provided with an adequately lighted and heated shelter where operating personnel can exercise site control and have access to essential sanitation facilities. Lighting, heat and sanitation facilities may be provided by portable equipment, as necessary.Dusk to dawn lights maybe placed around buildings and at each of the security gates. All sanitary landfills will be equipped with permanent or mobile telephone or radio communications.The main security gate should be able to communicate with all necessary areas of the landfill. The operator is responsible for safety hazards to operating personnel through an active safety program.Security rules and regulations shall be posted at each gate.Security guard of landfill personnel shall be on site 24 hours each day.All vehicle access points to the Transportation Corridor shall be properly gated, with lock, and shall be posted with “No Trespassing” signs. Signs will also be posted at intervals along the Transportation Corridor. Fire Protection and Public Water:Fire protection for the site shall be provided on site with adequate storage, distribution, and hydrants to properly extinguish fires. The system shall be designed as a potable water system.The system shall be designed to serve all on-site water needs as well as being capable of serving adjoining properties.Expansion of the water supply system, except when groundwater contamination has been documented, shall be prohibited without prior review for consistency with the Comprehensive Plan. OD O W UM G R A E B E L T T I L E C NA D N US E C A N RU F TE N N OB R A W LIHPU L G R A C I E Montgomery County iGIS Map Portal Zoning Map Montgomery County Bradshaw Road Smith Gap Landfill MONTGOMERY COUNTY North Fork Road M 1:312600 Powered by Ovela Constellation GIS Platform R A E B E L T T I L E C NA D N US E C A N RU F TE N N OB R A W LIHPU L G R A C I E Montgomery County iGIS Map Portal Future Land Use MapMontgomery County Bradshaw Road MONTGOMERY COUNTY Smith Gap Landfill North Fork Road M 1:312600 Powered by Ovela Constellation GIS Platform Community Meeting Masons Cove Elementary School Thursday, October 17, 2019 –6:00pm Questions and comments raised by those in attendance: 1)Mason’s creek sits on a fault line. Concern with endangered clam species and potential hazardous waste. How was this landfill site chosen in the first place? This is a watershed. Concern with crawdads. Concern with creeks drying out. Trailers are travelling the roads and leaking liquids onto the road. Has complained to DEQ and VDGIF. 2)What body will approve or deny this request? 3)I witnessed liquids coming out of a back corner of a trailer near Orange Market. There is no way this trailer had the required bladder. It was pouring out of the back like a hose. 4)Why do you need trailers if you have a train? Which is cheaper to operate? How much money has been spent on trailers? If there is a train, trailers should not be allowed. 5)Bradshaw Road was not designed to be used by trailers. The road is being destroyed. 6)The trailer drivers speed down the road and it is dangerous. They do not drive carefully. 7)If the Authority continues business as they are now, is this permit even needed? Why can’t they keep doing what they are doing? 8)How many localities do you bring in trash for? Wasn’t this meant to be only for Roanoke County and Roanoke City? 9)I know you all have been using the railroad since 2005. Why does it have to be changed? Concerns mentioned with asbestos storage. Mentions they have a very powerful telescope and have seen asbestos warning signs up the road to the landfill. The smell is very strong at his property. Some of the methane taps have helped but not enough. 10)Have there been any air quality studies done for where we live? Requesting they be done. 11)How many wells were drilled for testing? I drilled all of them. 12)How much does it cost per ton to transport? You said it was more economical to take the train, how? 13)Will you put in writing that if the rail is put in, trailers will be off the road? Understands there may be clauses for use during emergency situations, but then concerned they will make up emergencies. 14)Map question- is this red area the area of interest? Are trucks going to be on the road by the railroad track? Where will the road go? 15)Can we put “stop using Bradshaw Road” on the SUP? 16)In ’91 we were told they could go through the railroad property in case of emergency and would not need to use Bradshaw Road at all. 17)In SUP- there is mention of a 3hr delay with a wreck on the interstate. Will the trucks come on Bradshaw then? 18)Bradshaw Road is not good for tractor trailers. It is not wide enough and dangerous if one breaks down or has to stop. In 6 months this road has been destroyed. The railroad will save money and time. 19)How long will road construction take? How will that be done? 20)(Speaker 8 again) How much did the tipper cost? Why don’t you put in a new tipper if that will solve the problems? Did you say you estimate 50 trucks a day? 21)(Speaker 14 again) Is there construction already going on at the railroad near Williby Rd? Will there be more trucks than we see now in the future? 22)You don’t want to fix the tipper because it’s expensive, but you’ve bought…(speaker goes on to summarize different properties / projects the Authority has done recently.) How much money has been spent in anticipation of going into a trucking enterprise? Why not just use that money to fix the tipper? We have to be careful and ask these questions because the language in this SUP is what we are going to have to live with. 23)Has a decision been made on trucks vs railroad? County has used our money to buy trailers and trucks, so this doesn’t add up. The decision has already been made and we are being lied to. 24)What is the longevity of the landfill? How much longer will it be able to function? 25)$18.5 million has been spentpreparing to switch to trucks, but that decision hasn’t been made, while you said the tipper cost $9 million. You’ve been using our money and it doesn’t make sense. - what would it have cost to use the train instead? How long would that money have lasted on train transit? 26)(Speaker 22 again)Do you have proposals for fixing Bradshaw? Due to all of the damage your trucks have caused? 27)(Speaker 14 again) Is there a timeframe on finishing the road and converting to that from the railroad? 28)Timeline? Will Bradshaw be used during the switchover? Is the track even wide enough to hold roads for tractor trailers? 29)So is this meeting really about the SUP for the property indicated? Isn’t this property currently being used now? So this SUP is just to continue the use? 30)When the road is built, will you still be using the tipper? 31)(Speaker 1 again) One lane bridges are very dangerous. Describes being trapped on one recently. The road is not in good condition 32)If this SUP is not approved, what happens next? 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 Agritourism * Farm Brewery * Farm Distillery * Farm Employee Housing * Farm Winery * Forestry Operations * Stable, Commercial * Stable, Private * 1 AG-3 District Regulations Wayside Stand * 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * 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 2 AG-3 District Regulations 5. Industrial Uses Custom Manufacturing * 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 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 * 3 AG-3 District Regulations Golf Course * Special Events Facility * Studio, Fine Arts 5. Industrial Uses 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, Ord. No 082818-8, § 1, 8-28-18) 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. 4 AG-3 District Regulations 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. (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: 10 percent of the total lot area. 2. Lot coverage: 20 percent of the total lot area. 5 AG-3 District Regulations (Ord. No. 62293-12, § 10, 6-22-93, Ord. No. 111213-15, § 1, 11-12-13) 6 Use & Design Standards Industrial Uses Sec. 30-86-6. Landfill, Sanitary. (A) General standards: 1. Minimum parcel size: Fifty (50) acres. 2. A Type E buffer yard shall be provided in accordance with section 30-92 3. The site development and operations shall be in accordance with all of the regulations of the Virginia Department of Environmental Quality, include special conditions of any landfill permit, for sanitary landfills. 4. In addition to the application requirements for a special use permit, a Master Plan of the proposed development and use of the site shall be submitted for consideration. This plan shall specify all physical changes and improvements to the property, areas proposed for landfilling activities including a phasing plan with time frames for the landfilling activities, methods for controlling drainage, run-off and leachate, erosion and sediment control measures to be employed during development of the site, an evaluation of the impact of the proposed activity on groundwater resources, methods for securing the site from illegal entry, proposed access routes and impacts on public roads, and proposed closure plan and eventual re-use of the site. 5. In considering a special use permit, 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 surface materials required for the access road, and length from the public road this surface treatment is required. b. Specific measures to control dust, odor and pests on the site. c. Specific levels of noise permitted on the site, as measured at adjacent property lines and acceptable noise levels as measured from adjoining residences. d. Limits on the hours of operation including the delivery of waste material and the operation of equipment on-site. e. Limitations on the types of materials to be landfilled. f. Measures to insure adequate security of the site. g. Additional requirements for screening and buffering. 1 Use & Design Standards Industrial Uses 6. No clearing or landfilling activities shall be undertaken until the appropriate permits are approved by the Virginia Department of Environmental Quality. 7. During the operating life of the landfill, an annual environmental audit shall be prepared by a qualified independent contractor to determine compliance with all conditions of the special use permit and all other requirements for the operation of the landfill. Any violations shall be reported to the administrator and shall be made public information. (Ord. No. 42694-12, § 20, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08) 2 Rural Preserve:A future land use area of mostly undeveloped, outlying lands. These rural regions are generally stable and require a high degree of protection to preserve agricultural, forestal, recreational, and remote rural residential areas. Land Use Types:Agricultural Production-The production of crops, plants, vines, trees, livestock, poultry and eggs. Agricultural Services-Services that support agricultural production such as soil and crop preparation, veterinary services and landscape and horticultural care. Forest and Wood Products-Tree farms, forest nurseries and reforestation services. Parks and Outdoor Recreation Facilities-Large regional parks and other recreation facilities that are designed to preserve environmentally sensitive lands and protect them from more intense land uses. Rural Residential-Single-family residential generally averaging a gross density of one unit per three acres. Cluster developments are encouraged. Rural Institutional-Limited intensity uses such as religious assembly facilities and clubs serving the local rural population base. Mining and Extraction Operations-Those uses that locate according to the availability of natural resources. There are strict limitations on these industries in the Rural Preserve designation due to potentially harmful effects on housing, farming and resource protection and conservation areas. Land Use Determinants:EXISTING LAND USE PATTERN -Locations whereagricultural, recreational, and forestal uses are predominant and are encouraged to expand. EXISTING ZONING -Locations where agricultural zoning is in effect. RURAL RESIDENTIAL AND INSTITUTIONAL AREAS - Locations where limited, very low density residential and institutional uses are allowed. RESOURCE PROTECTION -Locations where valuable and irreplaceable resources such as open space, public water supply impoundments, rivers, streams, lakes, productive agricultural land, woodlands, critical slopes, ridgelines, historical and archeological sites and unique natural areas exist. ACCESS -Locations that are accessible by existing improved or unimproved rural roads and, to a lesser extent, rural arterial highways. RURAL SECTOR -Locations outside the urban service area. Delivery of Stone: Can you provide some information on the history of how stone has been delivered to the landfill. Apparently it was delivered by train initially and is now delivered by truck via Bradshaw Road. Any info on when this changed and why wouldbe helpful. RVRA contracted with Norfolk Southern (NS) for transportation of three items: nonhazardous municipal solid waste (MSW); waste water (leachate); and crushed stone. In 2012 NS advised RVRA that there was an ongoing shortage of stone cars causing delays in shipment. The shipments of stone began taking four to six months from the time RVRA ordered the stone to the time NS delivered it. As a result, RVRA began placing annual stone orders for ongoing operational needs in July or August anticipating that the stone cars would arrive around the following November or December. Stone deliveries became acute in 2017 when RVRA requested bids for construction of a new cell and closing a portion of another cell at the landfill. The RVRA specifications required contractors to make their bids based on delivery of needed stone by NS in accordance with RVRA’s contract with NS. The contractors preparing their bids informed RVRA staff that NS could not meet their delivery needs based on a shortage of stone cars. RVRA amended the specifications to allow bidders to include an alternate bid to transport stone by truck in addition to rail in the event NS was not able to meet stone delivery requirements. The revised specification required truck deliveries to be made via the Ironto exit off Interstate 81 to North Fork Road to Bradshaw Road to the landfill during designated hours that would not conflict with the operation of school buses. The specification also capped the number of loads that could be transported by truck. When RVRA received bids from contractors, the alternate bid for trucking stone was $375,800less than the rail option.The RVRA Board awarded the contract with the provision that the contractor give NS the first opportunity to provide stone transport in accordance with the transportation contract and if NS was not able to deliver stone timely in accordance with the contractual terms, the contractor could rely on trucking the stone. (See the attached April 19, 2017 RVRA Board item.) The contractor contacted NS to arrange stone deliveries. The contractor and NS could not work out the delivery or the payment options (see June 1, 2017 T&K Construction letter). As a result, the contractor moved the stone by truck. The stone totaled approximately 1,360 tandem truck loads. RVRA and NS entered into a second contract on July 1, 2018. NS provided a price for the delivery of stone but, unlike the previous contract, NS did not exempt the stone from storage, switching or demurrage charges. RVRA placed an initial stone order for 17 stone cars in August 2018, anticipating a 4-6 month lag in delivery. NS initially shipped five stone cars. Four of the cars were delivered after Christmas in December 2018. The fifth car went missing. NS advised RVRA of a demurrage fee for the missing stone car. RVRA declined to pay the demurrage for the missing car because the car had not been delivered to the landfill. The contracted rate per stone car increased from $684 in the first contract to $2,034 per car in the second contract. The price increase was directly attributable to storage, switching and demurrage charges that NS imposed in the second contract. After reviewing the increased cost of hauling 1 stone, RVRA canceled the remaining stone order from NS. RVRA began trucking the stone at that time. : Similar question. How is leachate hauled from the landfill site. Discussion Hauling of Leachate focused on there are special cars on the train to transport leachate and that has been the practice in the past and currently but there has been situations where that has been hauled from the landfill site by truck. Any info on this situation and what would have caused any change from hauling by train would be helpful. In its initial contract with NS, RVRA paid a guaranteed one-time lump sum payment of $9 million for NS to acquire all equipment necessary to transport the commodities covered by the contract. NS provided four 20,000 gallon tankers to transport leachate. During the time of the original contract, the four tankers were occasionally insufficient to handle the volume of leachate being produced at the landfill. NS offered to use extra pulls (a/k/a switches) to alleviate the shortage of tank cars. NS’s effort to impose switching fees for the extra pulls was not consistent with the terms of the contract between NS and RVRA. RVRA declined to pay the switching fees and NS did not contest that decision prior to 2012. As the foot print of the landfill has grown over the years and leachate has increased, the number of leachate tankers has become an issue. This is especially evident when RVRA opens a new cell at the landfill because leachate generation increases exponentially because there is little garbage in place to act as a sponge and soak up water. RVRA opened a new cell in 2012 and the number of leachate tankers was insufficient to transport the quantity of leachate being produced. NS made additional pulls and assessed switching fees against RVRA. In 2013, RVRA declined to pay the switching fees based on the terms of the contract. RVRA paid the per tanker rate contained in the contract without added switching fees. RVRA and NS debated the issue by correspondence which is attached. In 2015, NS informed RVRA that the four tankers supplied by NS were reaching their 50-year life expectancy and would be taken out of service. NS expressed its expectation that RVRA would replace the tank cars. RVRA declined to replace the tank cars because it considered provision of tank cars to be a contractual obligation of NS. NS removed all four tank cars from service and leachate began to build up in the on-site storage tanks. The storage tanks were in danger of spilling over containment and being released into the surrounding environment when RVRA decided to bring in over-the-road tankers to transport leachate to the disposal point. RVRA incurred in excess of $180,000 in transport and disposal fees above and beyond what RVRA would have otherwise paid NS. RVRA filed a notice of default to NS on December 3, 2015. NS continued to deny its contractual responsibility while providing two tankers for leachate transportation. Ultimately, NS acknowledged their obligation to provide tank cars but attempted to offset the amount owed RVRA as a result of NS’s default. Eventually, NS and RVRA agreed on a settlement in which each withdrew their monetary claims and NS provided four tank cars. (See attached settlement agreement effective July 8, 2016.) NS did not deliver the third and fourth tank cars within the 2 prescribed 90 days under theagreement. RVRA notified NS that it was terminating the settlement agreement and it was no longer binding. Currently, RVRA has four NS-supplied leachate tank cars to transport leachate. The four tanker cars haul leachate from the landfill. RVRA trucks some leachate under abnormal circumstances such as the tipper being down, heavy rain overwhelming leachate storage, or other unexpected events. For example, in 2018, four tankers were insufficient to keep up with leachate flows from record rainfall. RVRA supplemented the rail tankers by hauling the leachate by road. Typically, when RVRA uses road tankers, it uses four or five tractors per day and hauls 12-15 loads of leachate per day. : What is the height of the underpass on North Fork Road? Railroad Underpass on North Fork Road What height do the trucks need to safely pass under the railroad tracks? Has any improvements (lowering the roadway) been explored to increase the height of this underpass? Any estimates of what that would cost? I know that there would be many issues associated with this -like getting the railroad to agree to this, there is also a stream/creek next to the road, closure of the road, etc. Any information would be helpful on this. The rail underpass onNorth Fork Road is 13'7"high. RVRA believes 13'3"is a safe height for trucks passing through the underpass. RVRA initially purchased 15 trailers that are 13'3"in height including the hydraulic tops when fully closed. However, they were specified at this height in order to be able to safely travel under the trestle, if needed in emergency situations, although they reduce the amount of payload they can carry which increases the total number of trips and transportation costsand increase trailer maintenance costs. The remaining 35 trailers are 13’6”, including the hydraulic tops, fully closed. They were specified at this height to maximize operating efficiencieswith the intent they would not be travelling under the trestle and would be using the Connector Road and Transportation Corridor to access the landfill. I do not believe a 1” clearance is a safe operating clearance for the bulk of the Authority’s trailers. RVRA has not researched making any improvements to North Fork Road to increase the clearance at the underpass. The underpass is already prone to flooding and any further lowering of the road elevation would only exacerbate the flooding situation. The underpass is not part of RVRA’s proposed transportation corridor. If the County grants the special use permit and if RVRA converts from rail to truck, RVRA trucks will not pass through the underpass. 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 19, 2019 ORDINANCE GRANTING A SPECIAL USE PERMIT TO ROANOKE VALLEY RESOURCE AUTHORITY FOR A SANITARY LANDFILL ON APPROXIMATELY 8.05 ACRES ZONED AG-3 (AGRICULTURAL/RURAL PRESERVE DISTRICT) LOCATED AT 8765 WILLIBY ROAD (TAX MAP NO. 052.00-01-02.08-0000), CATAWBA MAGISTERIAL DISTRICT AND AMENDING THE SPECIAL USE PERMIT CONDITIONS FOR AN EXISTING SANITARY LANDFILL (SMITH GAP LANDFILL) ON APPROXIMATELY 878.75 ACRES ZONED AG-3S (AGRICULTURAL/RURAL PRESERVE DISTRICT WITH A SPECIAL USE PERMIT), AND INCORPORATING THE NEW 8.05 ACRES FOR A TOTAL ACREAGE OF 886.80 ACRES, LOCATED ON THE NORTHWEST SIDE OF FORT LEWIS MOUNTAIN BETWEEN SMITH GAP AND BRADSHAW ROAD, CATAWBA MAGISTERIAL DISTRICT WHEREAS, landfill at Smith Gap Landfill, under a special exception permit/special use permit granted by the Roanoke County Board of Supervisors in 1989, amended in 1991, and amended in 1993; the SUP presently allows operation of the Smith Gap Landfill on the following parcels: TAX MAP NO. PROPERTY ADDRESS ACREAGE SUBJECT TO THE SUP 041.00-01-14.00-0000 0 Bradshaw Rd. 34.85 042.00-01-08.00-0000 0 Bradshaw Rd. 225.15 052.00-01-02.00-0000 8484 Bradshaw Rd. 91.89 053.00-01-08.00-0000 0 Dow Hollow Rd. 526.86 878.75 ACRES TOTAL Page 1 of 8 WHEREAS, Norfolk Southern Railroad Corporatio of land, located at 8765 Williby Road (Tax Map No. 052.00-01-02.08-0000) to the RVRA on February 13, 2019; and WHEREAS, RVRA has petitioned for an SUP for a sanitary landfill for these 8.05 acres; and WHEREAS, the RVRA has also petitioned to amend the existing SUP by deleting the reference to and incorporation of ; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 4, 2019 and subsequently recommended approval of the petition; and WHEREAS, the first reading of this ordinance was held on October 22, 2019, and the second reading and public hearing were held November 19, 2019; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That g now HEREBY REMOVED; incorporated into the Smith Gap Landfill SUP by reference. 2. The special use permit for a sanitary landfill on the 8.05 acre parcel located at 8765 Williby Road (Tax Map No. 052.00-01-02.08-0000) is granted, and the following conditions shall apply to the special use permit for 8.05 acre parcel and the 878.75 acres Page 2 of 8 for the existing sanitary landfill (886.80 total acres): a. Access: Primary access to the Smith Gap Landfill for the delivery of municipal solid waste shall be along the Transportation Corridor (previously known as the Rail Corridor). In the event the primary access is unavailable for two or more business days, the Roanoke Valley Resource Authority (or subsequent owners) will make reasonable efforts to transport all municipal solid waste to one or more fully permitted third-party sanitary landfills until such time as the primary access can be resumed. In the event that the Roanoke Valley Resource Authority (or subsequent owners) cannot through reasonable efforts contract for sufficient immediate transportation services to transport municipal solid waste to third party landfills, and until sufficient services can be obtained, Bradshaw Road will serve as the secondary access for the delivery of municipal solid waste to the landfill. b. Conversion: If the Transportation Corridor is converted from rail to a road, then all municipal solid waste will be transported to third party landfills during construction of this conversion. c. Types of Waste: Only properly approved waste may be accepted, with the main objective always being to safely dispose of materials and prolong the useful li accordance with current waste management regulations. No hazardous waste will be allowed at any time during the entire life of the landfill. d. Operating Hours: Normal working hours shall be as follows: Delivery of Waste by Authorized Vehicle Monday through Friday from 7:00 a.m. to 5:00 p.m., Saturday from 7:00 a.m. to 3:30 p.m.; Delivery of Waste by Rail Monday through Page 3 of 8 Saturday from 10:00 a.m. 12:00 a.m.; Operation of all equipment Monday through Friday from 7:00 a.m. to 8:00 p.m., Saturday from 7:00 a.m. to 6:30 p.m. e. Emergency Operations: Emergency operations shall allow for extended hours on all days and Sundays whenever an emergency has been duly declared by the County Administrator of Roanoke County or his/her designee. Circumstances for Emergency Operations include, but are not limited to, natural disasters or short- term (less than 2 days), temporary operating interruptions resulting from equipment failure or contract service interruptions. Emergency operations may require use of third-party landfills or use of secondary access to the Smith Gap Landfill (Bradshaw Road). f. Noise: Noise levels may not exceed the following limits: 80 db (decibels) at landfill site borders; 65 db (decibels) at surrounding residences. g. Dust: waste facility permit. Problem areas arising during dry seasons will be controlled with water. Access roads should be cleaned and dust controlled with water if excessive amounts of dust are generated. h. Odors waste facility permit. If problem odors exist that adversely impact surrounding residents, deodorizing agents may be used. All holding tanks for leachate collection systems shall be in enclosed structures. i. Lighting: Sufficient lighting must be maintained at all times to facilitate normal operations and to provide adequate security over the landfill site. All exterior lighting fixtures shall be designed, located and arranged so as not to direct glare on Page 4 of 8 adjoining streets or residential properties. The intensity at adjoining streets or residential properties shall not exceed 0.5 foot candles. Lighting shall be limited to fixtures attached to buildings as necessary for security and operations and freestanding poles of not more than 16 feet in height. j. Pests. A bonded, licensed pest control company will be retained throughout the active life of the landfill to provide preventive inspections and treatments. Adjoining property owners who incur pest problems that are proven to be directly related to the landfill operation must be provided proper extermination at the landfill owne k. Citizen Complaints: A telephone number will be provided for use of surrounding residents including those in the Transportation Corridor to call in complaints (noise, dust, odor, pests, or other issues). These calls will be recorded/logged and corrective actions documented. The complaint log shall be open to public inspection. l. Active Fill Areas: The active fill areas of the landfill shall comply with the far as practical from adjoining properties to provide maximum buffering, and in no case should extend within 100 feet of the landfill boundary line. m. Monitoring: The Virginia Department of Environmental Quality conducts inspections during the year to facility permit. Any violations shall be reported and made public information. The Roanoke Valley Resource Authority (or subsequent owner) shall take whatever steps are necessary to immediately correct any violation. Page 5 of 8 n. Screening and Buffering: i. The following buffer yard and plantings shall be established around the perimeter of the landfill property, except adjacent to an existing residential property or private right-of-way. Trees shall be planted in three separate rows or in clusters, where natural land characteristics allow within the buffer yard. 50-foot buffer yard with three large deciduous trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard, five large evergreen trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard, and seven small evergreen trees with an ultimate height of 15 feet or greater per 100 linear feet of buffer yard. ii. In areas adjacent to an existing residential property or public or private right-of-way, the following shall be established and maintained around the perimeter of the landfill property. Trees shall be planted in three separate rows or in clusters, where natural land characteristics allow with the buffer yard. 100-foot buffer yard with six large deciduous trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard, ten large evergreen trees with an ultimate height of 50 feet or greater per 100 linear feet of buffer yard, and fifteen small evergreen trees with an ultimate height of 15 feet or greater per 100 linear feet of buffer yard. iii. Buffer yards may only be used for passive recreation, such as pedestrian, bike or equestrian trails, provided that the total width of Page 6 of 8 the buffer is maintained and all other requirements and conditions are met. iv. Buildings, active landfill areas, equipment storage areas and other facilities shall be landscaped in such a manner as to enhance (but not necessarily screen) the visual appearance from adjoining properties. o. Site Security: All facilities shall be surrounded on all sides by natural barriers, fencing, or an equivalent means of controlling vehicles access and preventing illegal disposal. All access will be limited by gates, and such gates shall be securable and equipped with locks. All fencing utilized at the facility shall be adequate to control unauthorized access. Gates shall be at the main entrance as well as the entrance to additional service areas. Access to a solid waste disposal facility (landfill) shall be permitted only when an attendant is on duty and only during operating hours, unless otherwise specified in the facility permit, such as for rail delivery of waste. Each solid waste disposal facility should be provided with an adequately lighted and heated shelter where operating personnel can exercise site control and have access to essential sanitation facilities. Lighting, heat and sanitation facilities may be provided by portable equipment, as necessary. Dusk to dawn lights may be placed around buildings and at each of the security gates. All sanitary landfills will be equipped with permanent or mobile telephone or radio communications. The main security gate should be able to communicate with all necessary areas of the landfill. The operator is responsible for safety hazards to operating personnel through an active safety program. Security rules and regulations shall be posted at each gate. Security guard of landfill personnel shall Page 7 of 8 be on site 24 hours each day. All vehicle access points to the Transportation Corridor. p. Fire Protection and Public Water: Fire protection for the site shall be provided on site with adequate storage, distribution, and hydrants to properly extinguish fires. The system shall be designed as a potable water system. The system shall be designed to serve all on-site water needs as well as being capable of serving adjoining properties. Expansion of the water supply system, except when groundwater contamination has been documented, shall be prohibited without prior review for consistency with the Comprehensive Plan. 3. The Board finds that the granting of and amendments to the SUPs, as set forth in this ordinance, are substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the Code of Virginia, as amended, that they shall have a minimum adverse impact on the surrounding neighborhood or community, and the Board further finds that it has given due consideration to the factors set forth in Section 30-19-1 of the Roanoke County Code. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 8 of 8