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HomeMy WebLinkAbout11/17/2020 - RegularINVOCATION: Roanoke County Board of Supervisors November 17, 2020 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 1 of 5 Roanoke County Board of Supervisors Agenda November 17, 2020 Good afternoon and welcome to our meeting for November 17, 2020. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are normally held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. Because of the present state of emergency, and until further notice, members of the public are urged not to attend Board of Supervisor meetings in person. All are encouraged to view and participate in meetings through electronic means. Meetings may be viewed live on RVTV, Channel 3, or on the County's website https://roanokecountyva.gov (and accessed by clicking on the "Watch Board Meetings Online" button). Prior to and during meetings, citizens may share comments by email (to diacks(a-)roanokecountyva.gov) or by phone (540-776- 7278). When submitting comments, please include your name and address. Comments submitted by email and by phone will be read aloud during meetings, subject to reasonable time limitations. For those individuals who desire to attend meetings in person, please be advised that seating modifications and limits have been established in order to facilitate social distancing; attendees who are not of the same household must sit six feet apart; and attendance at meetings will be limited to 25 individuals. A. OPENING CEREMONIES 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS Page 2 of 5 C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation commemorating the 50th Anniversary of Luigi's Italian Gourmet Restaurant and expressing appreciation to Maristane Rocha and her family for 50 years of providing outstanding gourmet food and service to the Roanoke community (Jill Loope, Director of Economic Development) D. 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. ommission: 1. The petition of Michael H. Fielder to rezone approximately 9.03 acres from AG -1, Agricultural/Rural Low Density, District to 1-1, Low Intensity Industrial, District, located at 4053 Aerospace Road, Vinton Magisterial District E. FIRST READING OF ORDINANCES 1. Ordinance approving a Site Use Agreement between Roanoke Gas Company and the County of Roanoke for use of a tower located on Poor Mountain, 8487 Honeysuckle Road; Windsor Hills Magisterial District and accepting and appropriating $275 monthly for the term of the lease (Susan Slough, Assistant Director of Communications and Information Technology) 2. Ordinance appropriating $5,990,386.83 for Roanoke County Public County Public Schools from fiscal year 2019-2020 year-end funds and re -appropriating $682,560.17 from the Roanoke County Public School Health Insurance Fund (Rebecca Owens, Assistant County Administrator, Susan Peterson, Director of Finance, Roanoke County Public Schools) 3. Ordinance authorizing a retention bonus to active, sworn police officers and active police recruits of the Roanoke County Police Department, who are employed by Roanoke County on April 1, 2021, in the amount of $1,500 from General Funds (Due to the Pandemic Disaster, it is requested, upon a four- fifths vote of the Board, the second reading be waived and the ordinance adopted as an emergency measure) (Daniel R. O'Donnell, County Administrator) F. SECOND READING OF ORDINANCES 1. Ordinance authorizing the purchase of 304 acres of land located off Old Mountain Road adjacent to Read Mountain Preserve identified as Tax Map Numbers 028.00-01-08.00-0000 and 028.00-01-09.00-0000 (Lindsay Webb, Parks, Planning and Development Manager) Page 3 of 5 G. APPOINTMENTS 1. Library Board (appointed by District) 2. Parks, Recreation and Tourism (appointed by District) H. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes — November 4, 2020 2. Request to accept and allocate funds in the amount of $61,732.18 from the U.S. Department of Justice's Bulletproof Vest Partnership to the Roanoke County Police Department 3. Resolution establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2021 4. Request to accept and allocate funds in the amount of $18,073 from the 2020 Edward Byrne Memorial Justice Assistance Grant I. CITIZENS' COMMENTS AND COMMUNICATIONS J. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of October 31, 2020 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of October 31, 2020 5. Accounts Paid — October 31, 2020 K. WORK SESSIONS 1. Work session to update the Board of Supervisors on towing advisory boards (Peter S. Lubeck, County Attorney; Howard B. Hall, Chief of Police) Page 4 of 5 EVENING SESSION — 7:00 P.M. L. PUBLIC HEARING AND ADOPTION OF RESOLUTION 1. Resolution accepting the Planning Commission's recommendation on the petition of Appalachian Power and the Roanoke County Economic Development Authority to review a proposed substation and overhead transmission lines per Section 15.2-2232 of the Code of Virginia for consistency with the County's Comprehensive Plan (Philip Thompson, Director of Planning) M. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of Milestone Tower Limited Partnership IV to rezone approximately 9.55 acres from R-1, Low Density Residential, District to AR, Agricultural/Residential, District and to obtain a Special Use Permit for a broadcasting tower (cell tower) approximately 137 feet in height, located at 420 Swan Drive, Vinton Magisterial District (Philip Thompson, Director of Planning) N. CITIZEN COMMENTS AND COMMUNICATIONS O. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Paul M. Mahoney 2. Martha B. Hooker 3. Phil C. North 4. P. Jason Peters 5. David F. Radford P. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: November 17, 2020 Proclamation commemorating the 50th Anniversary of Luigi's Italian Gourmet Restaurant and expressing appreciation to Maristane Rocha and her family for 50 years of providing outstanding gourmet food and service to the Roanoke community Jill Loope Director of Economic Development Daniel R. O'Donnell County Administrator A proclamation commending Luigi's Italian Gourmet Restaurant on the occasion of its 50th anniversary BACKGROUND: Luigi's Italian Gourmet Restaurant has been in the Roanoke Valley since 1970 and has been under the ownership of the Marques family for 50 years. Luigi's is one of the longest operating restaurants in Roanoke County and is well known for its exquisite Italian cuisine. Luigi's success is well known throughout the community as they have been voted Roanoke's Best Italian restaurant for 17 years running. Owner Maristane Rocha and representatives from the Marques family will be present to accept the Proclamation. FISCAL IMPACT: This item has no fiscal impact. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends approval of the attached proclamation. Page 2 of 2 �Suun#g of Ywanake COMMEMORATING THE 50TH ANNIVERSARY OF LUIGPS ITALIAN GOURMET RESTAURANT IN ROANOKE COUNTY WHEREAS, Luigi's Italian Gourmet Restaurant opened for business in the Roanoke Valley on September 16, 1970; has been under the ownership of the Marques family for 50 years; and is one of the longest operating restaurants in Roanoke County; and WHEREAS, Luigi's Italian Gourmet Restaurant began with 5 employees and has grown to 19 employees today, many of whom have been with Luigi's for over 20 years; and WHERAS, Luigi's Italian Gourmet Restaurant has had incredible success within the Roanoke County community as signified by winning honors such as "Best Italian" and "Best Overall Dining" awarded by The Roanoker Magazine; and WHEREAS, the inspiration for what is now one of Roanoke County's most historic restaurants, began in 1945 after a young marine returning from deployment was inspired by the Italian cuisine in a New York City restaurant; and WHEREAS, Luigi's proudly holds the title of first Italian restaurant in Roanoke, Virginia and is now co -owned by mother and son of the Marques family; and NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, do hereby issue this proclamation to commemorate the 50"' ANNIVERSARY OF LUIGPS ITALIAN GOURMET RESTAURANT; and FURTHER, the Board extends congratulations to Luigi's Italian Gourmet Restaurant and the Marques family for its extraordinary success, and expresses deep appreciation for the company's many contributions to the community, the local economy and our citizens. Presented this 17th day of November 2020 Martha�6 Hoo�ker�i� W"�— Qaw, ' `' `�'k Paul . Mahoney ,"i c.n o�i PM1 C. North P.Jasoh Peters David F. Radford ACTION NO. ITEM NO. D.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: November 17, 2020 The petition of Michael H. Fielder to rezone approximately 9.03 acres from AG -1, Agricultural/Rural Low Density, District to 1-1, Low Intensity Industrial, District, located at 4053 Aerospace Road, Vinton Magisterial District Philip Thompson Director of Planning Daniel R. O'Donnell County Administrator 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 15, 2020. The title of this ordinance is as follows: 1. The petition of Michael H. Fielder to rezone approximately 9.03 acres from AG -1, Agricultural/Rural Low Density, District to 1-1, Low Intensity Industrial, District, located at 4053 Aerospace Road, Vinton Magisterial District. DISCUSSION: There is no discussion on this item. Page 1 of 2 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 15, 2020. 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 County of Roanoke o Al Community Development J °fir Planning & Zoning 5204 Bernard Drive xe a P O Box 29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 For Staff Use Only Date receive&9 Received by Applicatjonrfge; t 3 � PCIBza1 let 2 C)/&Q , /& l► 1 o I 1 ""� 3, f V Placards issued: BOS date ' I 51,a6 CasaTlumhr.,.: a Q Q S Check type of application filed (check all that apply) Rezoning ❑ Special Use ❑ Variance f] Waiver ❑ Administrative Appeal ❑ Comp Plan (15.2-2232) Review Applicants name/address w/zip Phone: /1► c irr, Work: V e �— Cell #: `E® ��' o„ p_a 4 4" Fax No.: Owner's name/address w/zip Phone #: S'rvY� 000e Work: 19s0 eve 1VI ��" �� Fax No.#: Property Location Magisterial District: ,t cr� t,/v,S- .FI E6�� spa /� A 6 C, ,�. 4 t� c /,-",9 .;k V 0 l V Community Planning area: Tax Map No.: d 9 d, vo r a,Y --?Y, 0 u ,- o 0 0 0 Existing Zoning: ^' Size ofparcel(s): Acre, Existing Land Use: V a� Proposed Zoning: Proposed Land Use: Dos the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes No ❑ IF NO, A VARIANCE IS kEQUIRED FIRST (Rezoning). DoeAc parcel meet the minirnutn criteria for the requested Use Type in Article JV (Special Use Permit)? Ycsx No ❑ IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes ❑ No ❑ A1VCE, WAIVER �I ND ;4DMI11TISTRAT IYE APPEAL APPLICANTS (ly/W/f1) Variance/Waiver tion(s) of the Roanoke County Zoning Ordinance in order to: Appeal of ,Zoning Administrator's deer Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICATION WILL NOT 13E ACCEPTED IF ANY OF 11=1ESE ITEMS ARE MISSING OR INCOMPLETE. 1t/S1 ICP V/AA IWXP VIA A R1S1W/ V/AA Consultation R 112" x 11" concept plan Application fee Application Metes and bounds description Proffers, if applicable Justification Kk Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and COriSe11t Mile Owner. A" i 67� " Owner's Signature 2 Section I - In 1978 Roanoke County zoned the property identified as 4053 Aerospace Rd. as an 1-1. The property had other 1-1 zoned properties abutting and in close proximity to this parcel. The property was used for many years as Kent's Insulation Company. In 2018,. the property was purchased with the intent to build a residential home -on the property. The new owners were successful in having the property rezoned as AG -1 in order to accommodate the residential construction. After several obstacles were encountered in the construction effort, the project was abandoned and the property was sold. The ease of access, the secluded site of the existing building and abutting 1-1 properties makes this property an ideal candidate for reversion to it's former zoning designation. Section II Of the 9 acres that comprise this tract of land, approximately 8 acres have such steep grades as to render those acres not suitable for any potential use. Additionally, this acreage affords a natural buffer between the property and the existing community. The one acre portion of this property that has been previously improved, a 3,000 square foot metal building is existing along with ample parking for future small industrial usage. Section III This property was zoned 1-1 for 42 years. I would suggest that allowing the property to revert back to it's original 1-1 zoning will have no significant impact on the resources of Roanoke County, whether those resources be water, sewage, or Fire and Rescue. The property has a recently installed well, an existing septic system and more than sufficient road frontage at the entrance to the property. Returning this property to it's original zoning classification should impose no undue hardship on either the County of Roanoke or the surrounding community. Applicant The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to detormine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the .Zoning Ordinance. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including wafter/sewer, roads, schools, parks/recreation and fire and rescue. 3 u LA WHOWITE PLAT FON iris, lL IY, KEN?' A, WHEELER Y I Qr I 5 1 11` L Ti r i 16W-3- 6 r 4 Fsure a s 1'a nP`. rrie AEY spp IAIHE 30, Am JON Nn, 256.02 BrP•PrrWl j v i I m I ZT Zn l b u LA WHOWITE PLAT FON iris, lL IY, KEN?' A, WHEELER i pp' vio!�'ioiMi � s 5 1 IIY,9A DD r� pMEl9 LFxom - mYw� m 5msr M - IxICIR A.lw Is u u LA WHOWITE PLAT FON iris, lL IY, KEN?' A, WHEELER DARFL£N£ D. 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Le xl 11F lmift x'R i m 1p MIO pais 1&r/; FRx]I pLh P—,a YI[I= s1E MITID IIN.14iI 4c$27t�5[lA1�nq�'nprg.L�� Ix Ips /l�Eyly t °RAIIG NSOWYMIRFIE6 WxAM�B Ye{gf1Ajp[ Prti°rm i�L�'rP�x�l�oxl4'Gl°IOE�dIpIaIVmW IiYllag�aau API�PIRLIW �f�—yI fRI p� pf�NNIRGryry epµ�IlREnYlrrypa}L�fgpCLy���p�1 q�YItSIdply pl0rp 11LrgY11E wuiA SIW4I Aa I�'JAYIf YIM A ��IYF CMFILUASpLW � MIF m WWPITA YI��fO iNl� Wx41 r6l�YAfYl811N f xLrILNm LIrHv r>Y�xF YNRn nu111wpkumlYN. pre IiT�L,P1I" ra nr L �liEF L OOUY/¢ laumar nrxlnn Po xFlno xo'uixr x mule aEr a Riim-9rELr1NA I M K GM µl>r, � b c ' %1IHIvr rote r. mxf FW rxY 114A0 �%i sir bIN j& LEGM r14, ____smcm�op��rgl'�eyiir' ur `��y6/ �- —�iLYA IG AWREIR M[L1K °mrt1A7 �"�I9RH4R s�'eYia� ME mw 4'llPiTt _ _ r SC.U.E L' . IW d IIP' epp' ]Yr dK mm - PLATMmFp, 1MC. F0 AE2. NYl X0.M. YA.. lHrl PIAT OOON l.- "Aw...13`1 sxx €+ M1 g 1 . J a t i 11; f,,' � ,,s,� , � _ ',!4 A 4053 Aoraspaco 19e[IaYwnt: pY Wnxbnn IMY Jw danntli{,byatl 4aovtlh Nlr epplbMon h guhlcttq mmbnf eM1Vnge e1Mnu[ie-anwrxVan,wl0e 9unlemwO.lne me90 M,[a.bmn r[aaxtl Lnm4,15rtneWnyeo.ltlatl Lyvpmue OV��manlutl IxF+abnwuvaul vMaae kw4e[atwney.'flx tlnmry prnWodm{uv In: xnli �ndwwb<uF xexeerixl[oa'x Vmxnly Ta'u Vd �mare.rau�xxx, atwxn,amwwea n, rytwaiiaeeJ tilLe n+m�l�wu4c� N I N.W aytlnilmlfwmu,e txwne e ey nr�u paoxueolr yr. � neV�n.ewx aye. madaa ham 'e�prcpla!o xantx. 5 reel 6 "I RaP mu QBIH: 771ma18 1:4,514 Conservation: A future land use area of particular environmental sensitivity due to topography, existence of unique land characteristics, conservation/open space/greenway easements, soil types or location with respect to other State or Federally preserved lands. Typical resources would include wetlands, ridgelines, mountainsides, scenic views from the Blue Ridge Parkway and Appalachian Trail, identified greenway corridors, productive agricultural lands, historical and cultural resources and threatened or endangered species habitats. Land Use Types: Agricultural Production - The production of crops, plants, vines, trees, livestock, poultry and eggs and associated services such as soil and crop preparation, landscape and horticultural care. Forest and Wood Products - Tree farms, forest nurseries and reforestation services. Parks - Large regional park facilities that are designed and developed to preserve the environmentally sensitive nature of the land. Public Lands - Includes land that is owned by a public entity but is not an official park. Examples would be Haven's Wildlife Management Area, Spring Hollow Reservoir, Carvin's Cove watershed, Appalachian Trail, Blue Ridge Parkway, Forest ,Service lands and publicly owned land on Green Ridge Mountain. Conservation Easements - Includes private lands that are protected by a conservation easement (includes scenic, agricultural, greenway and open space easements) held either by a private land trust or a State agency. Rural Residential - Very limited, low density single-family homes generally averaging a gross density of one unit per 10 acres. Cluster developments are encouraged. Land Use Determinants; EXISTING LAND USE PATTERN - Locations where unique and important natural, agricultural, historical and cultural resources exist that deserve to have the highest level of protection. 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. RURAL SECTOR - Locations not served by urban services. 10/14/2020 Unofficial Property Record Card Unofficial Property Record Card - Roanoke County, VA General Property Data Parcel ID 090.00-03-34.00.0000 Prior Parcel ID Property Owner FIELDER MICHAEL H Mailing Address P O BOX 10742 City ROANOKE Mailing State VA Zip 24022 Account Number 41591 Property Location 4053 AEROSPACE RA Property Use INDUSTRIAL Most Recent Sale Date 5/812020 Legal Reference DB202004739 Grantor SANCTUARY MICHAEL F Sale Price 68,000 Jurlsdlctlon-ZoningCode- COUNTY-AGI-AGRICULTURAL/RURAL Land Area 9.03 - AC Description LOW DENSITY Current Property Assessment Card 1 Value Building Value 52,100 Xtra Features 0 Land Value 45,800 Total Value 97,900 Value Building Description Building Style WAREHOUSE # of Living Units 0 Year Built 1979 Style/Story Height 1.0 STORY Insulation NIA Finished Area (SF) 3296 Number Rooms 0 # of 314 Baths 0 Foundation Type SPREAD FTG Frame Type PRE -FAB Roof Structure GABLE Roof Cover MOD METAL Siding MODULAR MTL Interior Walls MASNRYIMIN # of Bedrooms 0 # of 112 Baths 0 Legal Description TR B PLAT FOR KENT A $ DARLENE D WHEELER BACK CREEK Narrative Description of Property Flooring Type CONC FINISHD Basement Floor NIA Heating Type NONE Heating Fuel NONE Air Conditioning 0% # of Bsmt Garages 0 # of Full Baths 0 # of Other Fixtures 2 This property contains 9.03 - AC acres of land mainly classified as INDUSTRIAL with a(n) WAREHOUSE style building, built about 1979, having MODULAR MTL exterior and MOD METAL roof cover, with 0 commercial unit(s) and 0 residential unit(s), 0 room(s), 0 bedroom(s), 0 bath(s), 0 half bath(s). T...... ......... r-rvperty ifnageS Disclaimer: This information is belEeved to be correct but is subject to change and is not warranteed. haps:/Iwobpro.roanokeoountyva.gov/RecordCard.esp 1/1 I 10-10-78 A Lots 2 and 3, Settiou 1, of the R. F. Boxley Estate lan.ds, Roanoke Cotinty, Virginia, as shown by plat made by C. 5. Malcolm, datad August 25, 1.932, which said plat is of recotd in the Cler0s.-Office 6f the. Circuit Court., Roanoke County, Virgiuia, in Deed Book 213, page. 392. 99 IT FUR1'ffTZR' RESOLVED AM M)ERED by the Board of Qounty of Roanoke County that pursuant to the provisloPs bf l4w, that a. Special Zxceptlpn Permit to operate a used car lot on the heretofore aesoribod property be issued with th(-- stipulation that ao truc: larger than thee_ quarter (3/4) ton be sold 013 -the -mLs:es, BE IT FURTHER RESOLVED AND ORDERED that the Cletk transmit a certified :copy of this Figal order to the Gouaty Engineer so that the -zoning maps of Roanoke County may be amended to reflect this rezoning, The foregoing Order was adopted. on motion of. Supervigur Terry and the following recorded. vote-, AYES:; Mrs. Johnson, Mr. Myers,, 1Ir. Park, 14r. Terry., Mr.' Comptoia NAYS; None IN RE: PETITION OF RENT ALLEN WILEBLER FOS R,%ZQNIXGFJ�O�j A-1 To M -,l Or, A 5 -ACRE PORTION OF.A 12.203 RE PARGEL ON THY, EAST SIDE Or ROUTE h6 AT WINVY GAP,. 0.5 MILE. WEST OF TEff ROAROKE/FRANKLIN COUNTY LIWE IN THE VINTON DISTRICT TO PERMIT THE CONSTRUCTION AND OPERATION OF -A STORAGE WAXE110USE This reques�t was presented to the Supervisors by Edward A. Nett, Atmrney, who explained that a storage warehouse is proposed on tjjj8 site :rar 11 Mr. Wheelbr'a insulation business.. The. would 'be, 84'. b ,36.; 1. No one appeared in oppositioii, FINAL ORDER NOW, THEIREPORE, By, IT RESOLVED AND ORDERED by the Boar.4 of County Supervisors of Roanoke County, that pursuant to the. provis�ons of jaw, the: 10--10-78 property of Kent Allen Wheeler; thence N, 00 26' 50" W. 260.25 feet to a point; thence N. 5° 04' 45" E. 122.11 feet to a point; thence N. 36° 59' 30" W, 191..17 feet to a point; thence N. 320 52' 1.0" W. 40 feet, more or Less, to a point; thence with a new line through tiie property of Kent Allen Wheeler S. 44° 03' 40" W. 575 feet, more or less, to the place of beginning and containing 5 acres, more or less, being a portion of a 12.203 acre parcel as shown on a plat prepared by David Dick and Harry A. Wall under date of March 22, 1971. BE IT FURTHER RESOLVED AND ORDERED that the Clerk transmit a Icertified copy of this Final Order to the County Engineer so that the zoning Imaps of Roanoke County may be amended to reflect this rezoning, The foregoing Order was adopted on motion of Supervisor lurk and the following recorded vote, 'AYES: Mrs. Johnson, Mr. Myers, Mr. Park, Mr. Terry, Mr. Compton INAYS: None IN RE: REQUEST OF BERNARD N. AND ETHERL M. WEBB FOR -RENEWAL OF THEIR SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 1.4 -ACRE TRACT ON THE NORTH STDB OF ROUTE 615, 0.25 MILE EAST OFF ROUTE 220 NEAR THE FRANKLIN COUNTY LINE IN THE RED HILL SECTION OF THE CAVE -SPRING DISTRICT. No one was present at the hearing on behal of the applicants. There was no opposition to this -renewal request. Since there was no opposition and taking into consideration that this is a renewal., Supervisor Johnson moved that the renewal request of Bernard and Rthe1 Webb be approved beginning July 13, 1975, subjeot to the provisions of the County Zoning Ordinance as it pertains to mobile hones, which motion was' adopted unanimously, IN RE: REQUEST OF MRS. EFFIE POFF FOR RENEWAL OF HER SPECIAL EXCEPTION TO PARK A MOBILE HOME ON A 2.39 -ACRE TRACT 30 FEET FROM THE RIGHT OF WAY AT 1605 HIRAM STREET, OFF RIVERDALE ROAD IN THE VIN'TON DISTRICT (MOBILE NOME IS OCCUPIED BY WILLIAM R. LOONEY) 9-12-78 4 .8 t, (4) Petition of Kent, Allen Wheeler .for rezoning from A--1 to N-1 of a 5 -acre portion of an 11 -acre tract on the east side. of Route 116 at Windy Gap, about 1/2 mike west of the Roanoke/Franklin County line so that a storage warehouse may be constructed thereon, (5) Petition of Gordon M. Voldahl for rezoning from A-1 to B-3 of 0.84 acre located on the west side of Route 221 at Bent; Mountain, about 1/2 mile north of Adney Gap. Rezoning is requested so the existing restaurant and gas station buildings, which have been vacant for several years, may be refurbished and operated by the. petitioner. (6) Petition of Carl R. and Saundra M. Davis for rezoning from M-2 to -R-1 of about 1/3 acre on the west side of State Route 858, 355 .feet south off U. S. Route 11-460 at State Police headquarters west of Salem: Rezoning is requested because petitioners wish to build an addition onto the existing dwelling. (7) Petition of Albert, Nadine, and William Salem for rezoning from A-1 to M-1 of 1.69 acres in Viewpoint Heights Subdivision located on the southeast side of State Route 796 (Old Lee Highway) about 1,600 feet southwest off. U. S. Route 11.-460 west of Salem. (8) Petition of Pioneer Carper and Floor Covering, Inc. -for rezoning from B-1 to B-2 of 1.4 acre located on the east side of Route 220 at its intersection with Route 676, about 200 yeards south of the Red Hill Church of the Brethren so a carpet shop may be operated thereon. IN R$: RESOLUTION N0. 21.23 SUPPORTING AN AMENDMENT TO THE PAYMENT IN LIEU OF TAXES ACT WHEREAS the Congress of the United States has previously enacted the payment in Lieu of Taxes -Act (P. L. 94--565); and. WHEREAS the purpose of this Federal legislation was to at least partially compensate local governments for the large quantities of National Park and other Federally owned, tax-exempt land removed from local tax rolls; and WHEREAS there are approximately'2,774 acres of National Park Land in Roanoke County; and WHEREAS, as a result of interpretation by the Secretary of the Interior of certain portions of the Payment in Dieu of Taxes Act, only 7.5 acres of these lands in Roanoke County are entitled to federal payments; and WHEREAS amendments to the Payment in Lieu of Taxes Act have been AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON THURSDAY, SEPTEMBER 25, 2018 ORDINANCE 0925184 REZONING APPROXIMATELY 5.35 ACRES FROM 1-1 (LOW INTENSITY INDUSTRIAL) DISTRICT TO AG -1 (AGRICULTURAL/ RURAL LOW DENSITY) DISTRICT; LOCATED AT 4053 AEROSPACE ROAD, VINTON MAGISTERIAL DISTRICT WHEREAS, in 1978, 5.35 acres of an approximately 9 acre property located at 4053 Aerospace Road (Tax Map No. 090.00-03-34.00-0000), in the Vinton Magisterial District, was rezoned from agriculture (AG -1) to light industrial (1-1) use to allow the operation of an insulation business (the remaining portions of the property continued to be zoned AG -1); and WHEREAS, the insulation business no longer operates on the property; and WHEREAS, Michael Sanctuary and Dezaray Allaire, the present owners of the property purchased the property in 2017 and desire to build a single family residence on the property. They have accordingly filed a petition to rezone the industrial portion of their property back to its former agricultural designation); and WHEREAS, the first reading of this ordinance was held on August 28, 2018, and the second reading and public hearing were held on September 25, 2018; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 4, 2018; and law. WHEREAS, the Planning Commission recommends approval of the petition; and WHEREAS, legal notice and advertisement has been provided as required by Page 1 of 3 NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: A. The petition of Michael Sanctuary and Dezaray Allaire to rezone approximately 5.35 acres (located at 4053 Aerospace Road, in the Vinton Magisterial .District (Tax Map No. 090.00-03-34.00-0000) from an 1.1 (low intensity industrial) district to an AG-1 (agricultural/ rural low density) district, is hereby approved. B. The Board finds that the proposed rezoning is consistent with the purpose and intent of the County's Comprehensive Plan and goodzoning practice, and will.not be a substantial detriment to the community. C. That this ordinance shall be in full force and effect thirty (30) days after its final passage. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Can motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor Assaid and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None A C TESTE Deborah C. ,bac Chief Deputy filer o the Board of Supervisors cc: Philip Thompson, Acting Director of Planning Page 2of3 Tarek Moneir, Acting Director of Development Services William Driver, Director of Real Estate Valuation Peter Lubeck, Senior Assistant County Attorney Jahn Murphy, Zoning Administrator Page 3 of 3 f}2E }\. / / _/■;§�»�;! � j E�;k�.V kk\)kk{ ©f! z'4., ,'�y4`' Vii; ,4 '. , 'r .. '._ _ r• _'4i a"R�j?:wj'�^�.� ` N �L�;�M'•"1r ;o-r� �_ af.�. ;'r ate' . d, �� s*�+ ._; i,'R� - . 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E' mo 7 O T O V 0 O O Q > 0 N Y oo a_ a, W O C LL (") O 0 O% cu O O o O 7 O L O U J Lo O 0 N O o LL o 0 0 W 3 r N 0 ll U .3ack oCee" i CD iO � U N NO N O O O c 0) N U N Q E O � O N N 0� 0 a =V) Z? E' mo ° O Oo C)o O Q > 0 QO -C cU oo a_ a, U�m� o O LL (") O 0 O > O o O 7 � o 00 � � N O c 0) C 00 0 Co O Q O N 0) O Q > 0 �° U�m� o O J > o Nt O o 7 7 L O U Lo O 0 N O LL o 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: AGENDA ITEM: SUBMITTED BY: APPROVED BY: November 17, 2020 Ordinance approving a Site Use Agreement between Roanoke Gas Company and the County of Roanoke for use of a tower located on Poor Mountain, 8487 Honeysuckle Road; Windsor Hills Magisterial District and accepting and appropriating $275 monthly for the term of the lease Susan Slough Assistant Director of Communications andTechnology Daniel R. O'Donnell County Administrator ISSUE: We were approached by Roanoke Gas radio service provider, Two way Radio, due to losing their current tower location on Poor Mountain. They asked about the possibility of placing equipment on our tower located at 8449 Honeysuckle Road SW Roanoke. BACKGROUND: Traditionally tower owners/operators lease antenna space with each other if there is no frequency interference anticipated and there is enough room for vertical separation. No issues are anticipated. DISCUSSION: By placing equipment on our tower, it allows Roanoke Gas to maintain their coverage area and benefits us with a quality tenant. FISCAL IMPACT: Roanoke Gas would reimburse Roanoke County $275 monthly for utilities and maintenance costs associated for the upkeep of the premises and equipment. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends appropriating this funding to offset site operating cost, for use in the site maintenance and upkeep of equipment and approving the first reading of this ordinance and scheduling the second reading for December 1, 2020. Page 2 of 2 ANTENNA SITE AGREEMENT This Antenna Site Use Agreement ("Agreement") for County property located at 8449 Honeysuckle Road, Tax Map No. 093.00-01-44.02-0000, is entered into this day of , 2020 between the Board of Supervisors of Roanoke, County, Virginia, 5204 Bernard Drive, Roanoke, Virginia 24018 ("County"), and Roanoke Gas Company, 519 Kimball Avenue, Roanoke, Virginia 24016 ("RGC"). For good and valuable consideration, the parties hereto agree as follows: 1. Premises. County is the owner land located at 8449 Honeysuckle Road, Roanoke, Virginia, on which it has a telecommunications tower and structures in which telecommunications support equipment and infrastructure are located. More specifically, parcel of land at issue in this Lease is atop Poor Mountain, in the Catawba Magisterial District. The Geodetic coordinates of the Property are as follows: 37 Degrees — 11' — 10.00" N. Latitude, and 80 Degrees — 09" — 50.00" W. Longitude (collectively, "the Premises"). RGC desires to lease space within the County's equipment shelters on the Premises to install and store certain communications equipment and space upon the each of the two Towers on the Premises in such amounts and in such locations as described on Exhibit A attached hereto, subject to the terms and conditions of this Agreement. Such RGC equipment in the County's storage structure shall not exceed 10 square feet. 2. Use. The Premises shall be used by RGC for the transmission and reception of radio communication signals on various frequencies and for the installation, maintenance and operation of necessary facilities, including, but not limited to, transceivers and an antenna. County agrees to cooperate with RGC in obtaining at RGC's expense any licenses, permits and other approvals required for RGC's use of the Premises. 3. Term. This Agreement shall be for an initial period of two (2) years ("Initial Term") commencing on Dec 1, 2020 ("Commencement Date"). RGC shall have the right to extend the Initial term for two (2) successive two (2) year periods (each a "Renewal Term") on the terms and conditions set forth herein. This Agreement shall be automatically renewed for each successive Renewal Term unless either County or RGC sends written notice of non -renewal to the other no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice to be provided in accordance with Paragraph 13 of this Agreement. 4. Rent. (a) For the Initial Term, RGC shall pay County Two Hundred Seventy -Five Dollars ($275.00) per month as a reimbursement for utilities and maintenance costs associated with upkeep of the Premises and equipment. This Reimbursement shall be payable as an annual lump sum due on October 1 of each year during the Initial Term of this Agreement. 1 (b) For any Renewal Term, Rent will increase by five percent for each renewal period. (c) County grants RGC the right to draw electricity from the existing electric supply within the Premises and the Building. (d) If this Agreement is terminated prior to its expiration, rent shall be prorated to the date of termination. 5. Interference. (a) RGC shall install and operate RGC's communications equipment and antenna in a manner that will not cause interference to County and any other Lessees who lease space on the Premises as of the time of execution of this Lease. All operations by RGC shall be lawful and in compliance with all applicable federal and state requirements. (b) Subsequent to the installation of the RGC equipment, nothing in this Agreement shall prohibit County from leasing space on the premises to other parties. If RGC deems such other leases to interfere with operation of its equipment, RGC has the right to terminate this Lease, as set forth herein. 6. Improvements; Liability; Utilities; Access. (a) RGC has the right to erect, maintain and operate on the Premises radio communications facilities, including, but not limited to, transmitters and receivers and all related equipment, radio transmitting and receiving antennas and supporting structures thereto ("Lessee Facilities"). Upon notice to and consent of the County, which shall not be unreasonably withheld, RGC may undertake the work necessary to prepare, maintain and alter the Premises for RGC's business operations and to install transmission lines, connecting the antennas to the transmitters and receivers. All of RGC's installation work shall be performed at RGC's sole cost and expense and in a good and workmanlike manner in accordance with County's and standard Radio frequency installation specifications. RGC has the right to remove all RGC Facilities at its sole expense on or before the expiration or earlier termination of the term, provided RGC repairs any damage to the Premises caused by such removal. RGC shall restore all portions of the Premises to suitable condition after any installation, repair or other work activity on RGC equipment. (b) If RGC wishes to install additional equipment or utilities other than what is referenced in this Agreement, it may only do so with consent of the County, and such equipment and utilities may be subject to additional rent or fees. Such additional equipment shall be subject to an addendum to this Lease. (c) With reasonable notice to County, County shall provide to RGC, RGC's employees, agents and subcontractors access over the Property to the Premises during business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday. RGC agents and assigns shall only be given access when accompanied by County personnel. In the event of an emergency, RGC will notify County's on-call Comm -IT personnel to gain entry to the facility. 7. Termination. This Agreement may be terminated without further liability on thirty (30) days' prior notice as follows: (a) by either party upon a default of any covenant or term hereof by the other party, which default is not cured with sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice; (b) by RGC if it does not obtain or maintain any license, permit or other approval necessary to the installation and operation of the RGC Facilities; (c) by RGC if RGC determines that the Premises are not appropriate for its operations for economic or technological reasons, including signal interference; or (d) the County may terminate this Agreement for cause if the County determines that RGC's actions pose a risk of violation of any federal or state law, regulation or ordinance applicable to public health, safety or welfare and issues written notice, or if RGC's actions result in the issuance of a legal Notice of Violation of any public health, safety or welfare law, regulation or ordinance and RGC is unable to cure the conditions specified in the County's notice or the legal Notice of Violation within the time prescribed therein. 8. Taxes. County is a tax-exempt entity. County's status shall not inure to the benefit of RGC. RGC shall pay all applicable local, state and federal taxes attributable to its equipment, antennas and infrastructure. 9. Insurance. (a) RGC shall procure, maintain and pay for a public liability policy, naming County as an additional insured, by endorsement, with limits of $1,000,000 for bodily injury, $1,000,000 for property damage, $2,000,000 aggregate, with a certificate of insurance to be furnished to County at the time of execution of this Lease. (b) RGC will indemnify and hold harmless the County for any losses, damages, claims, lawsuits or judgments of any kind arising out of RGC's lease of the Premises. 10. Destruction of Premises. If the Premises or Facilities are destroyed or damaged, RGC may elect to terminate this Agreement as of the date of the damage or destruction by notice given to County no more than forty-five (45) days following the date of any such damage or destruction. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction. 11. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered, sent by facsimile or by an overnight courier providing proof of service, or mailed, certified mail, return receipt requested, to the following addresses. If to County: County of Roanoke, Virginia P.O. BOX 29800 Roanoke, Virginia 24018-0798 Attention: Director of General Services If to RGC: Roanoke Gas Company PO Box 13007 Roanoke, VA 24030 Attention: Paul Schneider, P.E. 12. Title and Quiet Enjoyment. County warrants that it has full right, power and authority to execute this Agreement and has good and marketable title to the Property. County further warrants that RGC shall, provided RGC is not in material default, have the quiet enjoyment of the Premises. 13. Assignment. Either party may, upon notice to the other party, assign or transfer its rights and obligations arising under this Agreement to any of its governmental entities or affiliates, or to a successor by consolidation or merger. In all other instances, either party may assign or transfer its rights and obligations only upon written consent of the other party, which consent shall not be withheld or delayed unreasonably. 14. Successors and Assigns. This Agreement shall run with the Land. RGC shall have the right to submit this Agreement for recordation to the appropriate governmental agency having jurisdiction over the Property. This Agreement shall be binding upon and inure to the benefit of the parties, their respective successors and assigns. 15. Tower Marking and Lighting Requirements. County acknowledges that shall be responsible for compliance with all tower or building marking and lighting requirements of the Federal Aviation Administration ("FAA") or the Federal Communications Commission ("FCC"). 16. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties and supersedes all offers, negotiations and other agreements. There are no representations or understanding of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. WITNESS the following signatures and seals: ROANOKE GAS COMPANY By Its: Commonwealth of Virginia, County/City of , to -wit: The foregoing instrument was acknowledged before me this day of , 2020, by My commission expires: Registration No. Notary Public [remainder ofpage intentionally blank] BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By Daniel R. O'Donnell County Administrator Commonwealth of Virginia, County/City of , to -wit: The foregoing instrument was acknowledged before me this day of 2020, by Notary Public My commission expires: Registration No. EXHIBIT A RC Poor Mtn Towers EXHIBIT B The RGC Property shall consist of the following: (a) Floor space in the smaller EMS shelter right hand side: floor space shall be sufficient in size to accommodate Lessee's one (1) equipment cabinet, having a footprint of 48" height x 24" width x 18" depth, together with clearance of approximately 1' in front and 1' in rear of the cabinet to facilitate servicing the equipment, Qty -1 MTR2000 VHF Transceiver (150Mhz). (b) Space for Qty -1 VHF antenna on top of smaller tower (75'-100') Antenna and new coax, polyphasers and grounding hardware. ff RGC Base equipment to be located in tthis spot Poor Mtn EMS Bldg Front Left Conrer Lek Side of Building AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 17, 2020 ORDINANCE AUTHORIZING AND APPROVING A GROUND LEASE AGREEMENT BETWEEN ROANOKE COUNTY AND ROANOKE GAS COMPANY FOR A COMMUNICATIONS ANTENNA AT 8449 HONEYSUCKLE ROAD WHEREAS, Roanoke County and Roanoke Gas Company ("RGC"), wish to enter into a ground lease for an antenna site and ten square feet of space inside the County's equipment shelter on property owned by the County at 8449 Honeysuckle Road in the Windsor Hills Magisterial District, for purposes of installing and maintaining RGC communications equipment including but not limited to transceivers and antennas; and WHEREAS, RGC is the primary natural gas utility in the County and location of the antennas and communications equipment is critical to its operations; and WHEREAS, the parties have determined that such ground lease will not adversely affect the County's emergency communications equipment and tower on the property; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on November 17, 2020 and the second reading was held on December 1, 2020. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The 2020 ground lease between Roanoke County and Roanoke Gas Company be approved. 2. That the County Administrator or an Assistant County Administrator is hereby authorized to execute a lease agreement on behalf of the Board of Supervisors of Roanoke County and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. ACTION NO. ITEM NO. E.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: November 17, 2020 Ordinance appropriating $5,990,386.83 for Roanoke County Public County Public Schools from fiscal year 2019-2020 year-end funds and re -appropriating $682,560.17 from the Roanoke County Public School Health Insurance Fund Laurie Gearheart Director of Finance and Management Services APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: Conduct first reading of ordinance to appropriate $5,990,386.83 to Roanoke County Public Schools, suspend Section 10-6, Item B of the Comprehensive Financial Policy for fiscal year end 2019-2020 only and transfer $682,560.17 from the Roanoke County Public Schools Health Insurance Fund BACKGROUND: Code of Virginia §22.1-100 promulgates that all unspent funds from either the Commonwealth or the County must be returned to the governing body at the end of the fiscal year. To provide flexibility from this law, the County of Roanoke and the School Board adopted policies to guide the use of year-end carryover balances by the School Division. Section 10-6, Item B of the County of Roanoke Comprehensive Financial Policy identifies that 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. Due to the COVID-19 pandemic in March and the immediate economic recession, revenue projections from both the Commonwealth and the County were revised Page 1 of 3 downward. As a result, the adopted General Fund budget included a $1.3 decrease from the 2019-2020 budget. Among other reductions, $2.8 million of ongoing operational needs were deferred to close this budget shortfall. At the time, County Administration obtained County Board of Supervisor consensus to consider the use of the carryover balances for one-time non-recurring expenses pending Board of Supervisor review and approval. DISCUSSION: The Roanoke County Public Schools requests a one-year suspension of the policy to allow for the non -emergency fund carryover to be used as detailed below to fill the budget gap created as a result of the economic hardships presented due to the health pandemic. Requested Use of the June 30, 2020 Year -End Carryover: Rollover of outstanding purchase orders $ 7,127.20 5/14/20 adopted CIP Budget 599,999.84 8/27/20 School Board approved laptop refund 356,500.00 8/27/20 School Board approved laptop refund fees 7,001.00 8/27/20 eliminate parking fees due to COVID-19 36,800.00 9/01/20 School Board approved Bus Driver and Aide Bonus 393,999.00 $500 bonus for employees grade 0 through 13 507,425.50 1 -step raise for all employees 1,098,046.83 CTE equipment 50,000.00 Conferences and travel (mostly in staff development) 20,000.00 Music uniforms 20,000.00 Transfer to Capital Maintenance Program 1,000,000.00 Transfer to Technology Replacement Fund 652,624.00 Transfer to Fleet Replacement Fund 50,000.00 English language arts textbook adoption (good for seven years) 993,916.00 Curriculum development for remote learning due to COVID-19 196,947.46 Total $ 5,990,386.83 In addition, Roanoke County Public Schools is requesting to transfer $682,560.17 from the Roanoke County Public Schools Health Insurance Fund, to supplement funding from fiscal year 2019-2020 year-end to provide for a one-step retroactive raise for all Roanoke County Public Schools employees. Page 2 of 3 Attached is a memo from Roanoke County Public Schools Superintendent Dr. Nicely dated October 29, 2020, which details this year end request. (Attachment A) Additionally, County staff analyzed this request and attached is a memo dated October 30, 2020 which outlines information regarding which items meet policy, are one-time expenses and those that are recurring expenses. (Attachment B) The Roanoke County Public School Board approved this request at their meeting on November 12, 2020. Attached is the School Board report as approved. (Attachment C and D) FISCAL IMPACT: School year end carryover operating funds at June 30, 2020 totaled $5,990,386.83 and the request is for the appropriation to Roanoke County Public Schools for personnel, operating and capital needs. Additionally, the Roanoke County Public Schools request the transfer of the $682,560.17 from the Health Insurance Fund to supplement funding for a one-step retroactive raise. STAFF RECOMMENDATION: Staff recommends approval of the first reading of the ordinance and to schedule the second reading for December 1, 2020. Page 3 of 3 Attachment A _ ROANOKE COUNTY PUBLIC SCHOOLS F u Office of the Superintendent 5937 Cove Rd. Roanoke, VA 24019 .. (540) 562-3700 MEMORANDUM To: Mr. Dan O'Donnell, Roanoke County Administrator From: Dr. Ken Nicely, Roanoke County Public Schools Superintendent Cc: Ms. Rebecca Owens, Roanoke County Assistant Administrator Ms. Laurie Gearheart, Roanoke County Director of Finance and Management Services Ms. Susan Peterson, Roanoke County Public Schools Director of Finance Date: October 29, 2020 Subject: June 30, 2020 Year -End Carryover Appropriation Request Code of Virginia §22.1-100 promulgates that all unspent funds a School Division receives from either the Commonwealth or their County must be returned to the appropriate governing body at the end of the fiscal year. To provide flexibility from this law, the County of Roanoke and the School Board adopted policies to guide the use of year-end carryover balances by the School Division. During the budget adoption for the 2020-2021 school year, the approved preliminary General Fund budget included a $4.9 million increase from the 2019-2020 budget. Due to the onset of the COVID-19 pandemic in March and the immediate foreseeable economic recession, revenue projections from both the Commonwealth and the County were revised downward. As a result, the adopted General Fund budget changed to a $1.3 decrease from the 2019-2020 budget. Among other reductions, $2.8 million of ongoing operational needs were deferred to close this budget shortfall. At the time, there was cross -entity consensus to allow flexibility for using the year-end carryover balances during 2020-2021 due to the budgetary impacts expected from the economic recession. During the October 22, 2020 School Board Meeting, the School Board approved a one-year suspension in School Board policy §4.26 for the General Fund to allow the non -emergency fund carryover to be used to fill the budget gap as a result of the economic hardships presented due to the health pandemic. Roanoke County Public Schools requests a one-year abeyance from the County of Roanoke Comprehensive Policy §10.6.13 to allow the non -emergency fund carryover to be used as detailed on the attached table to fill the budget gap created as a result of the economic hardships presented due to the health pandemic. The emergency fund carryover will be fully funded. County of Roanoke Comprehensive Financial Policy §10.6.6. "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." In the original adopted budget, Roanoke County Public Schools set aside $2.1 million to incorporate recommendations from a compensation study and provide a 1 -step increase. This was removed for the adoption of the final budget. Roanoke County Public Schools' employees face higher demands in order to provide safe and effective instruction and support to the students of the County. In order to recognize these efforts, Roanoke County Public Schools will provide a 1 -step raise for all employees retroactive to July 1, 2020. The retroactive payment will occur in one lump sum in December and all required VRS reporting will be resubmitted as necessary. The total cost of the raise is $1.8 million and will be funded through both the year-end carryover ($1.1 million) and health insurance reserves ($0.7 million). If approved by the Board of Supervisors, the ordinance for the General Fund appropriation would need to include the carryover balance plus the $682,560.17 transfer from the Health Insurance Fund. _ ROANOKE COUNTY PUBLIC SCHOOLS k'y p K a Office of the Superintendent 5937 Cove Rd. Roanoke, VA 24019 .. (540) 562-3700 USE OF JUNE 30, 2020 DEAR -END CARRYOVER ..Amount Discussion Rollover outstanding purchase $ 7,127.20 Open purchase orders at June 30, 2020. This orders is in accordance with the normal policies. 5/14/20 adopted CIP Budget 599,999.84 The 2020-2021 Annual Capital Budget, as adopted via County Ordinance 062320-8 appropriated $3,950,785 from the Capital Fund Balance for certain projects. Part of this balance included a projected $600,000 of year-end carryover. This would have been funded with the normal policies. 8/27/20 School Board approved 356,500.00 Revenue loss due to online learning needs in laptop waiver and refund response to COVID-19 physical distancing 8/27/20 School Board approved 7,001.00 requirements and related costs. laptop credit card fees refund 8/27/20 School Board approved 36,800.00 Revenue loss in response to COVID-19 parking fees waiver physical distancing requirements. 9/01/20 School Board approved Bus 393,999.00 The cost of a bonus and related FICA to pay Driver, Lot Attendant, and Bus Aide for a gross $2,000 Bus Driver and Lot bonus Attendant retention or new hire bonus and a $1,000 Bus Aide retention or new hire bonus. $500 bonus for all employees on 507,425.50 The cost of a bonus, FICA, and taxes for a net grade 0 through 13, excluding Bus $500 bonus for all employees in grades 0 Drivers, Lot Attendants, and Bus through 13, excluding Bus Drivers, Lot Aides Attendants and Bus Aides. 1 -step raise for all employees 1,098,046.83 The full cost, including wages, VRS, and FICA of a 1 -step increase for all employees for July 1, 2020 through June 30, 2021 is $1,780,607. The $1,098,046.83 is partial funding, the remaining $682,560.17 will be transferred from the Health Insurance Fund. CTE equipment 50,000.00 One-time deferral made to reduce the —II Conferences and travel (mostly in 20,000.00 adopted March 26, 2020 School Board budget staff development) to the revised budget adopted through Music uniforms 20,000.00 County Ordinance 062320-7. The difference Transfer to CMP 1,000,000.00 related to a reduction in revenue projections Transfer to Technology Replacement 652,624.00 from both the Commonwealth and the County Fund due to immediate economic recession. Transfer to Fleet Replacement Fund 50,000.00 English Language Arts textbook 993,916.00 One-time adoption of English Language Arts adoption (good for 7 years) materials for instruction. Curriculum development for remote 196,947.46 One-time costs necessary to create semester 3 learning due to COVID-19 and 4 curriculum for hybrid and online leaning at elementary schools. $5,990,386.83 Rebecca E. Owens RoanokeCounty of ssistant Countv Administrator Memo To: Daniel R. O'Donnell County Administrator From: Rebecca E. Owens Assistant County Administrator Date: October 30, 2020 Attachment B Subject: Roanoke County Public Schools FY 2020 Year -End Request Background On October 29, 2020, Dr. Ken Nicely, Roanoke County Public Schools Superintendent, sent a memorandum regarding the June 30, 2020 Year -End Carryover Appropriation, which requests a one-year abeyance from the County of Roanoke Comprehensive Financial Policy. Section 10-6, Item B, regarding Roanoke County Public Schools Reserves and Year End Allocation states that "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." With the development of the FY 2021 budget, there were many uncertainties due to the onset of the COVID-19 pandemic. Both the County of Roanoke and Roanoke County Public Schools reduced General Fund budgets based on reduced revenue projections. During that time, entities discussed flexibility in the use of available year-end funding for Roanoke County Public Schools for one-time, non-recurring expenditures. Review of Roanoke County Public Schools FY 2020 Year -End Request The memorandum received from Dr. Nicely detailed the distribution of $5,990,386.83 in Roanoke County Public Schools General Fund balance for fiscal year ending June 30, 2020. The distribution included a description and item amount for each request. The table below displays the items requested that meet the Comprehensive Financial Policy, which totals $1,607,127.04 of the year end amount to be distributed. Purpose Amount Adopted FY 2021 CIP Project Funding $599,999.84 Transfer to Capital Maintenance Program $1,000,000.00 Rollover of Outstanding Purchase Orders $7,127.20 Total, Items in Accordance of Policy $1,607,127.04 The table shown below displays the items requested that do not meet the Comprehensive Financial Policy, which totals $4,383,259.79 of the amount to be distributed. Purpose Amount One -Time Funding Bus Driver, Lot Attendant and Bus Aide Bonus $393,999.00 $500 bonus all employees on grade 0 through 13 $507,425.50 Laptop Credit Card Fees Refund $7,001.00 Laptop Waiver and Refund $356,500.00 Parking Fees Waiver $36,800.00 Transfer to Fleet Replacement Fund $50,000.00 Transfer to Technology Replacement Fund $652,624.00 Curriculum Development for Remote Learning (COVID-19) $196,947.46 English Language Arts Textbook Adoption $993,916.00 CTE Equipment $50,000.00 Music Uniforms $20,000.00 Conferences and Travel (Mostly for Staff) $20,000.00 Subtotal, One -Time Funding $3,285,212.96 Recurring Funding One -Step Retroactive Raise for All Employees $1,098,046.83 Subtotal, Recurring Funding $1,098,046.83 Total, Items Not in Accordance of Policy $4,383,259.79 The full cost of the raise for all RCPS employees, including wages, VRS, and FICA of a 1 - step increase (approximately 1.55%) for July 1, 2020 through June 30, 2021 is $1,780,607. The $1,098,046.83 reflected above is partial funding; the remaining $682,560.17 is expected to be transferred from the Health Insurance Fund. Summary With the development of the FY 2021 budget, entities discussed flexibility in usage of year end funds beyond those identified in the policy for one-time, non-recurring expenses. Roanoke County Public Schools have provided a request to distribute FY 2020 year-end funds to support various items that do not meet the County's Comprehensive Financial Policy including a recurring raise for all RCPS employees. Next Steps The Roanoke County Board of Supervisors will be presented with: First reading of the ordinance to appropriate the Roanoke County Public Schools June 30, 2020 Year -End Carryover on Tuesday, November 17, 2020 Second reading scheduled for December 1, 2020. Additionally, a budget public hearing will be required and conducted on December 1, 2020 for the budget amendment and appropriation. Cc: Laurie Gearheart, Director of Finance & Management Services 11/13/2020 Board Docs® Pro Attachment C Agenda Item Details Meeting Category Subject Type Preferred Date Absolute Date Fiscal Impact Dollar Amount Budgeted Budget Source c L4 Nov 12, 2020 - Roanoke County School Board Meeting 9. ACTION ITEMS 9.02 June 30, 2020 Audit and Year -End Carryover Appropriation Request - Mrs. Susan Peterson Action Nov 12, 2020 Nov 12, 2020 Yes 37,734,486.94 No June 30, 2020 Year -End Carryover The fiscal cycle of Roanoke County Public Schools begins with the adoption of the Annual Budget in March in order to document the proposed plan of expenditures and the expected means of financing those expenditures. Then after year-end, a Comprehensive Annual Financial Report (CAFR) is produced that provides an accounting of the actual activity of the fiscal year. The basic financial statements within the CAFR is audited by an independent public accounting firm. For the year ended June 30, 2020, Brown, Edwards & Company, L.L.P performed this audit. The Audit Committee met on November 12, 2020 to review the results of the audit, which was an unmodified opinion, the best an organization can receive. General Fund Carryover and Net Surplus The main operating fund for the schools is the General Fund. Below is a quick summary of the results for the year. Prior Year Carryover: Unspent emergency fund balance of $2,000,000.00 that is a budgeted reserve for financial emergencies due to unexpected revenue shortfalls related to Federal or State mid -year funding changes or unplanned significant expenditure increases. The reserve is established according to School Board policy and exists to protect the School System from mid -year disruption of classroom operations related to the aforementioned emergencies. Current Year Revenues: Overall revenues were $1,255,506.28 or 0.88% higher than final budget. The driving forces behind this variance include: Increases: 1. Sales tax collections higher than budgeted by $947,134.84. 2. Medicaid revenues higher than budgeted by $276,596.38. 3. Interest income on investments higher than budgeted by $162,204.20. 4. Warranty Reimbursements higher than budgeted by $67,905.68. 5. Insurance Adjustments higher than budgeted by $65,295.08. 6. Alternative Education Regional Program higher than budgeted by $52,826.00. https://go.boarddocs.com/vsba/roecnty/Board.nsf/Public 1/3 "r119YAKI z11 Board Docs® Pro Reductions: 1. VDOE funding was less than budgeted by $299,630.28 as final March 31, ADM was 34 students less than budgeted. Current Year Expenditures: Overall expenditures were $4,734,880.55 or 4.45% less than final budget. The driving forces behind this variance include is related certain savings in light of the closure of schools due to the COVID-19 health pandemic. Reductions: 1. Personnel lapse related to attrition, vacancies, and part -year positions of $1.8 million for contracts (1.55% of total). 2. Personnel non -contract savings of $1.2 million for ERIP days not used, substitutes not needed, and open-end positions not filled, which is a direct result of closure of schools. 3. Radio equipment savings of $323,248.64 by using the Technology Replacement Fund for all leases. 4. Utility savings of $299,864.10, mostly related to vacant buildings during the closure of schools. 5. Unused grant reserves of $200,000.00. 6. Fuels savings of $125,896.38, mostly related to not running full routes during the closure of schools. 7. Professional development savings of $88,834.33 for not attending annual training or conferences due to the social distancing requirements. 8. Various other departmental savings due to the closure of schools. June 30, 2020 Carryovers Staff recommends appropriation of June 30, 2020 carryover balances as follows: All Funds June 30, 2020 Year -L General Fund - Available $ 5,990,386.83 General Fund - Emergency 2,000,000.00 Fleet Replacement Fund 701,861.73 Instructional Resource Fund 155,766.74 Technology Replacement Fund 790,666.66 Grant Fund (87,139.95) Nutrition Fund 4,087,577.45 Minor Capital Fund -Available 796,785.89 Minor Capital Fund -CMP Available 128,840.42 Minor Capital Fund -Assigned 3,909,439.24 Major Capital Fund -Assigned 7,823,585.77 2018 Bond Fund -Assigned (1,227,333.75) Health Insurance Fund''"""` 7,978,537.04 Dental Insurance Fund 45,259.05 Risk Management Fund 1,345,897.50 OPEB Trust Fund 1,083,783.08 Student Activity Funds 2,210,573.24 $ 37,734,486.94 cy . y ,.. ,. — Rollover outstanding purchase orders $ 7,127.20 5/14/20 adopted CIP Budget 599,999.84 8/27/20 School Board approved laptop 356,500.00 https://go.boarddocs.com/vsba/roecnty/Board.nsf/Public 2/3 11/13/2020 Board Docs® Pro refund 8/27/20 School Board approved laptop 7,001.00 refund fees 8/27/20 eliminate parking fees due to 36,800.00 COVID-19 9/01/20 School Board approved Bus Driver, 393,999.00 Lot Attendant, & Bus Aide bonus $500 bonus for employees grade 0 through 13, excluding Bus Drivers, Lot Attendants, & 507,425.50 Bus Aides^^ 1 -step raise for employees with available 1,098,046.83 step^^ CTE equipment 50,000.00 Conferences and travel (mostly in staff 20,000.00 development) Music uniforms 20,000.00 Transfer to CMP 1,000,000.00 Transfer to Technology Replacement Fund 652,624.00 Transfer to Fleet Replacement Fund 50,000.00 English language arts textbook adoption 993,916.00 (good for 7 years) Curriculum development for remote learning 196,947.46 due to COVID-19 5,990,386.83 Health Insurance Fund** $ 682,560.17 (Transfer to General Fund for raise) General Fund Year -End Carryover 1,098,046.83 $ 1,780,607.00 The following reports are attached June 30, 2020 Year -End Carryover — Year-to-date summary report of the activity and final balance in all funds. Comprehensive Annual Financial Report — (CAFR) is the set of financial statements for the School Division that complies with the accounting requirements promulgated by the Governmental Accounting Standards Board (GASB). 2020-11-12 Year -End Carryover Summary.pdf (93 KB) I l 2020 CAFR_online.pdf (8,175 KB) https://go.boarddocs.com/vsba/roecnty/Board.nsf/Public 3/3 Attachment D 15 Roanoke County Public Schools November 12, 2020 School Board Meeting June 30, 2020 Year -End Carryover Administration $ 102,111.80 General Fund - Available $ 5,990,386.83 School Board 70,356.08 General Fund - Emergency 21000,000.00 Elementary Instruction 84,692.76 Fleet Replacement Fund 701,861.73 Finance 11,279.45 Instructional Resource Fund 155,766.74 Human Resources 34,041.15 Technology Replacement Fund 790,666.66 IT Services 328,634.65 Grant Fund (87,139.95) Facilities and Operations (utilities and bus fuel) 597,695.51 Nutrition Fund 4,087,577.45 Pupil Personnel Services 30,752.47 Minor Capital Fund -Available 796,785.89 Secondary Instruction 123,205.21 Minor Capital Fund -CMP Available 128,840.42 Superintendent 22,784.24 Minor Capital Fund -Assigned 3,909,439.24 Career and Technical Education 7,594.06 Major Capital Fund -Assigned 7,823,585.77 Testing and Remediation 83,304.36 2018 Bond Fund -Assigned (1,227,333.75) Grant Reserves 200,000.00 Health Insurance Fund** 7,978,537.04 Departmental Savings 1,696,451.74 Dental Insurance Fund 45,259.05 Personnel Savings (2.44% of Personnel Budget) 3,038,428.81 A Risk Management Fund 1,345,897.50 Revenue in excess of budget 1,255,506.28 OPEB Trust Fund 1,083,783.08 $ 5,990,386.83 Student Activity Funds 2,210,573.24 $37,734,486.94 A Personnel savings includes $1.8 million for contracts (1.55% of total) and $1.2 million non -contract savings for ERIP, Substitutes, and Open End Available for 2020-2021 Special Needs $ 5,990,386.83 Positions, which is a direct result of COVID-19. Available for Capital Needs 925,626.31 Reserved for Special Use 30,818,473.80 $ 37,734,486.94 6/30/21 Budget Deferrals Requested Use of June 30, 2020 General Fund Year -End Carryover CTE equipment Rollover outstanding purchase orders $ 7,127.20 Conferences and travel (mostly in staff development) 51 5/14/20 adopted CIP Budget 599,999.84 Music uniforms 2! 8/27/20 School Board approved laptop refund 356,500.00 Counseling SAP (Life Counseling 2 -day program) 7,660.00 8/27/20 School Board approved laptop refund fees 7,001.00 SCOPE and RAA (professional development) 5,625.00 8/27/20 eliminate parking fees due to COVID-19 36,800.00 Transfer to CMP 1,000,000.00 9/01/20 School Board approved Bus Driver, 393,999.00 Lot Attendant, & Bus Aide bonus Transfer to Technology Replacement Fund 652,624.00 $500 bonus for employees grade 0 through 13, 507,425.50 excluding Bus Drivers, Lot Attendants, & Bus Aides^ A Transfer to Fleet Replacement Fund 675,000.00 1 -step raise for employees with available step^ A 1,098,046.83 Transfer to Risk Management Fund 198,253.00 CTE equipment 50,000.00 Transfer to William Byrd Turf Replacement 40,000.00 Conferences and travel (mostly in staff development) 20,000.00 Transfer to Bogle Turf Replacement 25,000.00 Music uniforms 20,000.00 Transfer to Instructional Resources Fund Transfer to CMP 1,000,000.00 $ 2,756,758.00 Transfer to Technology Replacement Fund 652,624.00 Transfer to Fleet Replacement Fund 50,000.00 English language arts textbook adoption 993,916.00 (good for 7 years) Curriculum development for remote learning 196,947.46 due to COVID-19 $ 5,990,386.83 A ^Teachers hired in the current year on step 1 will not get the 1 -step Funding for 1 -step raise for all employees Health Insurance Fund** $ 682,560.17 increase, as they should be on step 1, rather they will receive the $500 General Fund Year -End Carryover 1,098,046.83 bonus instead. $ 1,780,607.00 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 17, 2020 ORDINANCE APPROPRIATING $5,990,386.83 FOR ROANOKE COUNTY PUBLIC SCHOOLS FROM FISCAL YEAR 2019-2020 YEAR- END FUNDS, RE -APPROPRIATING $682,560.17 FROM THE ROANOKE COUNTY PUBLIC SCHOOLS HEALTH INSURANCE FUND, AND TEMPORARILY SUSPENDING TERMS OF THE COUNTY'S COMPREHENSIVE FINANCIAL POLICY WHEREAS, Section 10(6)(B) of the County of Roanoke Comprehensive Financial Policy (the "Policy") states that "[a]II 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"; and WHEREAS, there were many uncertainties due to the onset of the COVID-19 pandemic in developing the fiscal year 2020-2021 budget for both County of Roanoke (the "County") and Roanoke County Public Schools (the "School Board"); and WHEREAS, the Board the School Board discussed flexibility in the use of available fiscal year 2019-2020, year-end funding for Roanoke County Public Schools; and WHEREAS, insofar as several of the School Board's proposed uses of year-end funds fall outside of the categories set forth in the Policy, it is necessary for the funds to revert back to the Board for re -appropriation; and WHEREAS, the School Board has requested the allocation of year-end funds in the amount of $5,990,386.83 of fiscal year 2019-2020 for various purposes which will be set forth below; and Page 1 of 3 WHEREAS, the School Board has further requested the transfer of $682,560.17 from the Roanoke County Public Schools Health Insurance Fund, to supplement funding from fiscal year 2019-2020 year-end to provide for a one-step retroactive raise for all Roanoke County Public Schools employees; and WHEREAS, the School Board has proposed the Board re -appropriate funds to be used for the following purposes, in the following amounts: Proposed purposes for FY 2019-2020 year-end funds Amount Adopted FY 2021 CIP Project Funding $599,999.84 1 -step raise for school employees 1,098,046.83 Transfer to Capital Maintenance Program 1,000,000.00 Rollover of Outstanding Purchase Orders 7,127.20 Bus Driver, Lot Attendant and Bus Aide Bonus 393,999.00 $500 bonus for all employees in grades 0 through 13 507,425.50 Laptop Credit Card Fees Refund 7,001.00 Laptop Waiver and Refund 356,500.00 Parking Fees Waiver 36,800.00 Transfer to Fleet Replacement Fund 50,000.00 Transfer to Technology Replacement Fund 652,624.00 Curriculum Development for Remote Learning (COVID-19) 196,947.46 English Language Arts Textbook Adoption 993,916.00 CTE Equipment 50,000.00 Music Uniforms 20,000.00 Conferences and Travel (Mostly for Staff) 20,000.00 Proposed purpose of Transfer from Health Insurance Fund Amount 1 -step raise for school employees $682.560.17 Total Funds for Appropriation $6,672,947.00 WHEREAS, the Board desires to re -appropriate the funds requested by the School Board in order to assist them in addressing the unique circumstances presented by the COVID-19 pandemic; and WHEREAS, the first reading of this ordinance was held on November 17, 2020, and the second reading of this ordinance was held on December 1, 2020; Page 2 of 3 NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That A) the sum of $5,990,386.83 from Roanoke County Public Schools fiscal year 2019-2020 year-end funds, and B) the sum of $682,560.17 from the Roanoke County Public Schools Health Insurance Fund, are hereby re -appropriated to the Roanoke County Public Schools to be used as deemed necessary by the School I:ifT ON 2. In making such re -appropriations, and because of the unique circumstances caused by the COVID-19 pandemic, the Board temporarily suspends Section 10(6)(B) of the County of Roanoke Comprehensive Financial Policy (only as it pertains to year-end, carryover funds from fiscal year 2019-2020). Page 3 of 3 ACTION NO. ITEM NO. E.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: November 17, 2020 Ordinance authorizing a retention bonus to active, sworn police officers and active police recruits of the Roanoke County Police Department, who are employed by Roanoke County on April 1, 2021, in the amount of $1,500 from General Funds Daniel R. O'Donnell County Administrator Daniel R. O'Donnell County Administrator Authorize a retention bonus in the amount of $1,500 for certain employees in the Police Department BACKGROUND: Roanoke County is currently experiencing a marked increase in sworn Police Officer attrition. Since January 1, 2020, 26 Police Officers have left the Roanoke County Police Department. While a certain level of turnover is to be expected given normal service retirements, terminations, family relocations etc., the rate of separations currently being experienced is abnormal. As a comparison, Police Officer attrition was 12 in 2019 and 15 in 2018. The rate of separations in recent weeks has accelerated. In exit interviews, the number one reason officers provide for leaving service with the County is concern over pay and benefits. Larger societal forces are also making police work a less desirable profession. Officers have expressed concern over legislative efforts to remove certain legal protections with respect to Sovereign Immunity and Qualified Immunity. Negative media portrayals of policing in general have also affected both morale and career choices, especially among early career officers. Of the 26 officers who have separated in 2020, only two have gone on to other law enforcement agencies. In both cases, they have received better pay/benefits. Others who have left Page 1 of 2 are now working in other fields that provide better pay and/or less risk than a career with the Roanoke County Police Department. This situation is exacerbated by the fact that the pool of qualified applicants for police officer positions is small. In 2018, we had 509 applicants and there were 442 in 2019. So far this year, there have been 282. Only a small percentage of applicants ever participate in the selection process. For example, on November 6, 2020, we had 20 applicants registered for the written/agility tests. Only four (4) appeared and only two (2) of those passed. At the present time, we need to hire 17 new officers for an academy in January. We may only get seven (7) or eight (8). Personnel shortages are starting to impact operations. In order to sustain the core law enforcement functions, specialized assignments have been and will continue to be reduced. This is reducing the services that the Police Department can provide to our citizens. DISCUSSION: Roanoke County is in the process of developing a revised employee classification and compensation system to be recommended to the Board in the upcoming budget cycle. However, any pay changes that result from either a revised pay system or general pay increases will not be publicly discussed with the Board until March of 2021 and resulting actions will not take place until July 2021. In order to retain officers in the interim period a retention incentive is recommended. The incentive would provide a $1,500 one-time payment to active, sworn police officers and active police recruits of the Roanoke County Police Department, who are employed by Roanoke County on April 1, 2021. FISCAL IMPACT: The cost to provide retention pay to sworn police officers is estimated to be approximately $220,000, which will be funded from the General Fund. The actual budget impact will be based on staffing levels as of April 1, 2021. STAFF RECOMMENDATION: Staff recommends approval of the ordinance and dispensing with the second reading of the ordinance upon a 4/5ths vote of the Board of Supervisors. 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 17, 2020 ORDINANCE AUTHORIZING A RETENTION BONUS TO ACTIVE, SWORN POLICE OFFICERS AND ACTIVE POLICE RECRUITS OF THE ROANOKE COUNTY POLICE DEPARTMENT, WHO ARE EMPLOYED BY ROANOKE COUNTY ON APRIL 1, 2021, IN THE AMOUNT OF $1,500 FROM GENERAL FUNDS WHEREAS, Roanoke County is currently experiencing a marked increase in sworn police officer attrition; and WHEREAS, departing officers have expressed concern regarding several matters, including 1) pay and benefits, 2) legislative efforts to remove certain legal protections with respect to sovereign and qualified immunity and 3) negative media portrayal of policing, in general; and WHEREAS, the pool of qualified and applicants for police officers is insufficient to fill vacancies; and WHEREAS, Section 15.2-1508 of the 1950 Code of Virginia, as amended, authorizes the governing body of any locality to pay monetary bonuses to its officers and employees, and WHEREAS, the Board of Supervisors of Roanoke County deems that it is in its best interests to authorize the payment of a one-time retention bonus to recognize the services rendered by Roanoke County police officers during these difficult times, and to incentivize such police officers to remain employed by Roanoke County; and WHEREAS, the first reading of this ordinance was held on November 17, 2020; and because County Administration would like to quickly deter any further resignations from the Police Department, the second reading of this ordinance has been dispensed with since an emergency exists, upon a 4/5ths vote of the members of the Board. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that the County Administrator is hereby authorized to pay, from the General Fund, a Page 1 of 2 one-time $1,500 payment to all active, sworn police officers, and all active police recruits of the Roanoke County Police Department, who are employed by Roanoke County on April 1, 2021. 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: AGENDA ITEM: SUBMITTED BY: November 17, 2020 Ordinance authorizing the purchase of 304 acres of land located off Old Mountain Road adjacent to Read Mountain Preserve identified as Tax Map Numbers 028.00-01-08.00- 0000 and 028.00-01-09.00-0000 Doug Blount Director of General Services and Parks, Recreation APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: Request to purchase 304 acres of land located off Old Mountain Road adjacent to Read Mountain Preserve from the Andrews, Bradshaw, and Holland families identified as Tax Map Numbers 028.00-01-08.00-0000 and 028.00-01-09.00-0000. BACKGROUND: Read Mountain is an iconic feature with significant influence on the scenic viewsheds and historical attributes of the Roanoke Valley. As early as 2002, the Virginia Outdoors Plan designated Read Mountain as a critical viewshed that is visible from surrounding localities, the Blue Ridge Parkway, the Appalachian Trail, and Interstate 81. The Great Wagon Road ran down Old Mountain Road, and the area still has many historic sites, such as Monterey and Bellvue. A prominent Roanoke family - the Andrews - owned the property. Tom Andrews ran an apple orchard, an off -shoot of the family business supplying produce to southwest Virginia. Read Mountain was the backdrop to this historic area and was always a large, forested mountain. Read Mountain Preserve became a Roanoke County Park in 2008. This 243 -acre Preserve is generally located on the eastern side of the mountain and has two conservation easements - one with the Blue Ridge Land Conservancy and one with Virginia Outdoors Foundation (VOF). These easements restrict timbering, construction, Page 1 of 4 subdivision and other land development. The park is one of the County's largest passive recreation areas with a five (5) -mile natural surface trail system that features Buzzards Rock, which provides a remarkable view of the Roanoke Valley and is located on the property proposed for acquisition. This project, Read Mountain Preserve North, is the proposed acquisition of 304 acres of forested land adjacent to Read Mountain Preserve. The property proposed for acquisition is generally on the northwestern side of the ridge and would double the Preserve size, as well as protect the scenic ridgeline. The parcels are completely forested, except for trails and a 0.81 -mile long woods road, which once accessed a FAA airport beacon that has been removed. The land is a "mountain island" in the northeast section of the Roanoke Valley, and is varyingly mapped as being in the Ridge and Valley Physiographic Region or in the Blue Ridge Mountains region. The land is steep, with many rock outcrops, but also with perennial streams and large cove hardwoods. The land has been in the Andrews, Bradshaw and Holland families for generations and has been protected for almost a century as mountain forests. On October 7, 2019, the Virginia Outdoors Foundation notified the Roanoke County Department of Parks, Recreation and Tourism that $620,054 from the Forest CORE Fund grant program had been awarded for the acquisition and protection of the 304 acres on Read Mountain that is owned by the Andrews, Bradshaw and Holland families. There is no local match required for this grant. Read Mountain Alliance has also pledged $30,000 towards the project cost, and their fiscal agent is the Blue Ridge Land Conservancy. On February 11, 2020, the Board of Supervisors accepted and appropriated $620,054 from the VOF Forest CORE Fund grant program and $30,000 from the Read Mountain Alliance for the purchase of land, easements, and acquisition costs. A grant agreement with VOF was executed on February 28, 2020, for acquisition of the two (2) parcels, which will be owned and maintained by Roanoke County for outdoor recreation, open -space and forestry protection in perpetuity for year-round public access. Roanoke County plans to use the two (2) parcels in the same manner as Read Mountain Preserve. The park will have passive recreation facilities such as hiking trails, picnic facilities, kiosks and wayfinding signs. Roanoke County Parks, Recreation and Tourism will partner with the Roanoke Valley Greenway Commission to develop a master plan for expansion of the trail system. Additionally, Roanoke County will coordinate with VOF to have a Forestry Management Plan and/or Natural Resources Inventory completed for the two (2) parcels. Page 2 of 4 DISCUSSION: Roanoke County is requesting approval to move forward with the purchase of 304 acres of land from the Andrews, Bradshaw and Holland families through the VOF Forest CORE Fund grant program. The landowners have agreed to sell the two (2) parcels for the appraisal value of $610,000. They have agreed to sell the smaller parcel for the purchase price of $55,530, and the larger parcel for the purchase price of $554,470. Roanoke County has complied with the following VOF Forest CORE Fund grant requirements for acquisition of the land: A Phase 1 Environmental Assessment was completed by ECS Mid -Atlantic, LLC A survey of the parcels to ALTA/ASTM standards was prepared by Caldwell White Associates, a Virginia licensed surveyor or professional engineer, depicting the metes and bounds of the property. A preliminary plat is attached to this report. An appraisal of the Property has been prepared within six months of closing by Miller Long & Associates, LLC, a Virginia licensed appraiser who meets Uniform Standards of Professional Appraisal Practice (USPAP) standards. Excerpts of the appraisal are attached to this report. A Title Exam has been prepared by Land Records Research, LLC showing title vested in the seller of the properties and that upon closing, Roanoke County will hold an unencumbered fee simple interest in the property, subject to easements and encumbrances of record. A Preliminary Title Commitment from Fidelity National Title Insurance Company In accordance with the VOF Forest CORE Fund grant requirements, should the Board of Supervisors act favorably upon consideration of the land acquisition, Roanoke County will need to convey an open -space easement on the 304 acres designating the property in perpetuity as open -space land in accordance with the Open -Space Land Act (Virginia Code § 10.1-1700 et seq.) including Section 10.1-1701 of the Code of Virginia (1950), as amended. In addition, restrictions will be imposed in perpetuity set forth in a deed of easement to be granted to VOF providing permanent forest protection. At the time the Board Report is being submitted, VOF has not provided County staff with the proposed deed of easements. However, the terms will be those terms outlined in the attached Grant Agreement, and in summary as follows: (a) permanent protection of the forest areas and (b) further permanent protection of the property. There have been no changes since the first reading of the ordinance on November 4, 2020. Page 3 of 4 FISCAL IMPACT: The total anticipated project cost is approximately $650,054. The property owners have agreed to sell the land for $610,000 and there is approximately $40,000 in land acquisition expenses such as a boundary survey, appraisal, title exam, environmental assessments, closing expenses, forestry management plan and a natural resource inventory. The Board of Supervisors accepted and appropriated $620,054 from the VOF Forest CORE Fund grant program (no local match requirement) and $30,000 from the Read Mountain Alliance for the purchase of land, easements and acquisition costs on February 11, 2020. The property will be used for passive recreation, specifically hiking trails. The trails will be built by volunteers and maintenance of the trails will be shared between Roanoke County staff and volunteers. The annual maintenance costs will be less than $2,000. STAFF RECOMMENDATION: Staff recommends approval of the ordinance. Page 4 of 4 Project Area: Tax Parcels Read Mountain Preserve North Forest CORE Fund Project Application v�u s- C' fafaen6 �'�� Qf �f8bi1F-`-. ZO QO O�Q O^ n Q Q Y�O OOOO OOOO �'��Oo• AOO• �O,O OOQ �cb. �cb• Read Q O Mountain Preserve �0"RITP� N Mo c,cF;, 0 0.1 0.2 0.3 0.4 0.5 Riad n Miles /� 1 inch = 0.27 miles 6/24/2019 FO nuO m S F QS 2tO m a a �9 �-! 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C1�6=gip `�N z g mo pyo �j IFypm> W W �G Q 6: 41'12 PicR cryrop �gg \nom oo / 14 Q y znRE L4 W o 111111yyyyyy R 1. o alio W �>O � i F1 g cn 112�_0�� pi /W\n� UOgWSN�o N 3 ti h tic a�2wtda k o a hm mm� Odd Q � U v � g � 3 .90 0! S W el'9SZl 106.50' 240.00' 00 v c C4 16 �b wmN �ap > Q a>�gm� � ®� .,� •s uT �222, �nm "'gyp o6a p -� QpQ aS�� c Ya�i ti a WF, -,PS w WZo hti W Q{fp2 a mOp op .� � c � � ®W � po \z �•4' Wi c M��iii �a�z y mop ,h6'966 d ! i M co ,£Z,9b.OZ N 0000-00'6b-10-10'6£0 -N XVI 969£05002 ON IN3Hf)MSNl ®. 83MYd I VHMVS 2 m ?NV 0 73V!p#1 3o ,clb3dad APPRAISAL REPORT OF THE ±304.2355 ACRES OF VACANT LAND EAST OF THE 7000 BLOCK OF OLD MOUNTAIN ROAD ON THE WESTERN SLOPE OF READ MOUNTAIN ADJOINING THE READ MOUNTAIN PRESERVE LAND ROANOKE AND BOTETOURT COUNTIES, VIRGINIA 24019 MLA FILE: 20-262 SAMUEL B. LONG, MAI, CRE, SRA JARED L. SCHWEITZER, MAI THOMAS D. BARLOW, MAI, SRA M. KIRBY SMELTZER, JR. PATRICIA C. BOONE, MAI GREGORY W.MACKEY M. HANES FELDMANN JOHN H. MILLER, MAI (1920-2013) ImL&A MILLER, LONG & ASSOCIATES, INC. REAL ESTATE APPRAISAL COMPANY 2618 Colonial Avenue, SW Roanoke, Virginia 24015-3834 BUSINESS TELEPHONE (540) 345-3233 FAX NUMBER (540) 344-3966 WEB ADDRESS www.miflerlongandassociates.com September 30, 2020 Ms. Lindsay B. Webb, MPA Roanoke County Parks Planning and Development Manager 1206 Kessler Mill Road Salem, Virginia 24153 Dear Ms. Webb: Re: Appraisal Report of: ±304.2355 Acres of Vacant Land East of the 7000 Block of Old Mountain Road on the western slope of Read Mountain Adjoining the Read Mountain Preserve Land Roanoke and Botetourt Counties, Virginia 24019 MLA File: 20-262 As requested, we are submitting an appraisal of the above captioned property further identified by the Roanoke County Real Estate Valuation Office as Tax Map Numbers 28.00-01- 08.00 and 09.00. This total property is located within the corporate limits of Roanoke and Botetourt Counties, Virginia. The subject was physically observed by Jared L. Schweitzer and Thomas D. Barlow, with due consideration given to all factors that influence the estimated market value of the subject property. The estimated market value is subject to the Contingent and Limiting Conditions included as part of this appraisal report. In our opinion, the report conforms to the minimum standards of the Uniform Standards of Professional Appraisal Practice (USPAP), effective January 1, 2020 through December 31, 2021 and the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute. This is an appraisal report that includes the information necessary to understand the expressed opinions. Miller, Long & Associates, Inc. As an end result of our investigation, it is our opinion that the estimated fee simple market value of the subject property, as of September 1, 2020, of: SIX HUNDRED TEN THOUSAND DOLLARS............................................$610,000 THIS APPRAISAL IS BEING COMPLETED WITH THE EXTRAORDINARY ASSUMPTIONS 1) THAT ADEQUATE INGRESS/EGRESS IS AVAILABLE FROM THE WVWA WATER TANK SITE AND 2) THAT THE PROPERTY CONDITIONS HAVE NOT CHANGED SIGNIFICANTLY SINCE OUR PREVIOUS OBSERVATION DATE ON JUNE 11, 2019. THE USE OF THESE EXTRAORDINARY ASSUMPTIONS MAY AFFECT ASSIGNMENT RESULTS. In addition to the market conditions, COVID-19 remains a concern in America. That said, the sales data is from a pre-COVID-19 timeframe, with the exception of Sale 5. The short term and long-term impact on the market from the COVID-19 virus is yet unknown. However, it is reasonable to assume that the current restrictions being imposed by state and federal authorities and the market activity due to the virus will extend marketing times somewhat. However, while there may be a delay in normal activity, we do not feel that there will be a significant long-term shift in demand or supply, which could result in a change in market value. It is certainly possible that demand for recreational properties in more remote markets, such as the subject, could increase in the years ahead due to the threats and heightened awareness of the COVID-19 virus. This letter of transmittal precedes our appraisal report and must remain attached to the report which contains 36 pages, plus related exhibits, in order for the value opinion to be considered valid. Respectfully submitted, Jared L. Schweitzer, MAI VIRGINIA GENERAL CERTIFIED APPRAISER #4001009036 Thomas D. Barlow, MAI, SRA VIRGINIA GENERAL CERTIFIED APPRAISER #4001000646 JLS/TDB/jmm P:AAPPRAISALS\2020\20-262 READ MOUNTAIN LAND REPORT.DOC 11 Miller, Long & Associates, Inc. TABLE OF CONTENTS PAGE Letter of Transmittal i Table of Contents iii Summary of Salient Facts and Conclusions iv Contingent and Limiting Conditions v Subject Photographs 1 Subject Location Map 3 Aerial Map Obtained from Roanoke County GIS 4 Purpose of the Appraisal 5 Intended Use and Intended User of the Appraisal 5 Definition of Market Value 5 Definition of Hypothetical Condition 5 Definition of Extraordinary Assumption 6 Effective Date of the Appraisal 6 Property Rights Appraised 6 Definition of Fee Simple 6 Statement of Competency 7 Scope of Work 7 Identification of the Subject 8 Legal Description 8 Roanoke Valley Area Data Summary 8 Market Area Analysis Summary 8 Site Analysis Summary 9 Flood Plain Information 12 Real Estate Taxes 13 Statement of Ownership 13 Zoning 13 Highest and Best Use 14 Valuation Premise 16 LAND VALUE BY SALES COMPARISON 17 RECONCILIATION TO LAND VALUE 32 Exposure Time Analysis 34 Certifications 35 ADDENDA: Legal Description Roanoke County GIS and Assessment Data R-1, Low Density Residential District Zoning Roanoke MSA Community Profile Engagement Email Appraiser Qualifications in Miller, Long & Associates, Inc. SUMMARY OF SALIENT FACTS AND CONCLUSIONS LOCATION: East of the 7000 Block of Old Mountain Road on the western slope of Read Mountain Roanoke and Botetourt Counties, Virginia 24019 PROPERTY RIGHTS APPRAISED EFFECTIVE DATE OF APPRAISAL: DATE OF THE PROPERTY OBSERVATION: DATE OF THE REPORT: TAX MAP NUMBERS: OWNER OF RECORD: LAND AREA/SHAPE/FRONTAGE ZONING: PRESENT USE: HIGHEST AND BEST USE — AS IF VACANT: VALUE INDICATIONS — LAND VALUE BY SALES COMPARISON APPROACH: FINAL ESTIMATE OF MARKET VALUE: Fee simple estate September 1, 2020 June 11, 2019 September 30, 2020 028.00-01-08.00 and 09.00 Matilda Holland Bradshaw, Trustee ±304.2355 acres / irregular / no road frontage (ingress/egress easement access) R-1, Low Density Residential District Vacant mountain land Recreational use and passive timber growth with future rural acreage homesites $610,000 $610,000 This "Summary of Salient Facts and Conclusions" must remain attached to this report which contains 36 pages, plus related exhibits, in order for the value opinion to be considered valid. 1v Miller, Long & Associates, Inc. CONTINGENT AND LIMITING CONDITIONS An appraisal and its resulting indications are influenced by the terms of the assignment and the limiting conditions as outlined by the Client's instructions, together with the contingencies which form the very foundation necessary for the completion of an assignment. This appraisal report was prepared under the following conditions: The legal description used within this report is assumed to be correct and the owner of record is assumed to have a free and clear fee simple title with no encumbrances that cannot be cleared through normal channels. 2. No opinion of a legal or engineering nature is intentionally expressed or implied and no responsibility is assumed for matters of this nature. The information on which this appraisal is based has been obtained from sources normally used by your appraiser and is considered reliable, but is in no sense guaranteed. 4. Your appraiser assumes that the existing improvements do not encroach upon adjacent properties, nor do they otherwise constitute a potential liability to other owners. The sketches and maps included in this report are to assist the reader in visualizing the property, but no responsibility is assumed for their accuracy. Property lines, land areas and legal descriptions as provided are assumed to be correct. 6. Your appraiser is not to give testimony or attendance in court by reason of this appraisal with reference to the property described in this report, unless prior arrangements have been made therefor. 7. Your appraiser reserves the right to alter his/her opinion of value on the basis of information withheld from them or not uncovered in the normal course of a diligent investigation. 8. The fee charged for this appraisal does not include payment for court testimony, nor for further consultation. 9. Load bearing capacity of subsoil and drainage of soil is assumed to be adequate for the utilization, but no borings, percolation tests or engineering studies have been made and the value estimate could be affected by such information. 10. Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, radon gas, urea -formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. Miller, Long & Associates, Inc. 11. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. I (we) have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since I (we) have no direct evidence relating to this issue, I (we) did not consider possible non-compliance with the requirements of ADA in estimating the value of property. 12. For the purposes of this appraisal, the property is assumed as though under responsible ownership. 13. Economic projections in this report assume a typical economy and the value stated is in U.S. currency as of this date. 14. The appraisal represents an opinion as to the current market value without regard to any special value to a particular buyer or seller and an additional assumption is made that the buyers and sellers consist of intelligent buyers and sellers dealing in the open market. 15. This appraisal was obtained from Miller, Long & Associates, Inc. real estate appraisal company and consists of "trade secrets and commercial or financial information", which is privileged and confidential and exempted from disclosure under 5 U.S.C. 522 (b) (4). Please notify Miller, Long & Associates, Inc. of any request for reproduction of this appraisal. 16. This assignment is to include complete digital copies and two (2) hard copies of the appraisal report. Additional hard copies may be obtained from the appraisal company at $100.00 per copy. 17. The fee received for this assignment is in no manner contingent upon the estimate of value. 18. THIS APPRAISAL IS BEING COMPLETED WITH THE EXTRAORDINARY ASSUMPTIONS 1) THAT ADEQUATE INGRESS/EGRESS IS AVAILABLE FROM THE WVWA WATER TANK SITE AND 2) THAT THE PROPERTY CONDITIONS HAVE NOT CHANGED SIGNIFICANTLY SINCE OUR PREVIOUS OBSERVATION DATE ON JUNE 11, 2019. THE USE OF THESE EXTRAORDINARY ASSUMPTIONS MAY AFFECT ASSIGNMENT RESULTS. 19. The effective date of valuation is September 1, 2020. V1 Miller, Long & Associates, Inc. RESTRICTIONS UPON DISCLOSURE AND USE Disclosure of the contents of this appraisal report is governed by the By -Laws and Regulations of the Appraisal Institute. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected, or any reference to the Appraisal Institute or to any initialed designation) shall be disseminated to the public through advertising media, public relations media, news media, sales media, or any other public means of communication without the prior written consent and approval of the signer. This appraisal is to be used in its entirety only, not in part. No portion of it shall be used in connection with any other appraisal and no right is given to quote or publish this report in part or whole. vu Miller, Long & Associates, Inc. I t s .:.. �.- .far-.Y.f-it bh, a a., _ x. g 77 3 ti. tk a .�O46 I t s .:.. �.- .far-.Y.f-it bh, a a., _ x. g 77 3 ti. a 1 yiFs 4 �. 1 i�q s !AM �: calk. �, yc ho � �,.c � `:fir .• 5�y�'.s_'�5� .� �s .�r, '' e '41 WW i6 4 �j rye W 41K Rol " 41 N 4 ..... .... OF 1 :7 tot wf.M dA PREPARED BY: Rachel W. Lower, Sr. Assistant County Attorney VSB # 88094 Office of the County Attorney 5204 Bernard Drive Roanoke, VA 24018 Consideration: $55,530.00 Assessed Value: $87,900.00 Title Insurance: Fidelity National Title Insurance Company Roanoke County Tax Map Number: 028.00-01-08.00-0000 This instrument is exempt from the imposition of recordation taxes (other than those recordation taxes imposed by § 58.1-802) pursuant to § 58.1-811(A) (3) of the Code of Virginia (1950), as amended. THIS DEED is made and entered into this day of , 20, by and between MATILDA HOLLAND BRADSHAW, TRUSTEE OF THE TRUST AGREEMENT DATED NOVEMBER 27, 1982, MATILDA HOLLAND BRADSHAW, IDA MAE HOLLAND PERKINS, ANDREWS HOLLAND OAKEY, STEPHEN CANNELLA, ELLEN ANDREWS HUNTER, and LUCY BASSETT ANDREWS, TRUSTEE OF THE JAMES BUCHANAN ANDREWS, II DECLARATION OF TRUST DATED APRIL 26, 2005 AS AMENDED AND RESTATED ON MAY 2, 2006, party of the first part (collectively referred to as the "Grantors"), and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, party of the second part (the "Grantee") WITNESSETH: WHEREAS, the parcel of real estate that is the subject of this Deed (the "Property") is co -owned by Grantors, and Grantors have the authority to execute this Deed of conveyance; and 1 WHEREAS, the Property is partially owned in trust titled Trust Agreement dated November 27, 1982, Matilda Holland Bradshaw being Trustee of said trust, and acting herein under authority from that trust to execute this Deed; and WHEREAS, the Property is partially owned in trust titled The James Buchanan Andrews, II Declaration of Trust dated April 26, 2005 as Amended and Restated on May 2, 2006, Lucy Bassett Andrews being Trustee of said trust, and acting herein under authority from that trust to execute this Deed; and WHEREAS, Grantee desires to purchase the Property and to make it perpetually available for forestal, open -space and recreation use, protecting natural resources, and maintaining and enhancing air and water quality; and WHEREAS, the Property contributes to the scenic views enjoyed by the public; and WHEREAS, the Property is substantially undeveloped, is used primarily for forestal and wildlife habitat purposes, and contains features which provide general open space benefits to the public; and WHEREAS, Grantee has indicated it is willing to receive, own, operate, and maintain the Property; and WHEREAS, the Grantee has received a grant from the Virginia Outdoors Foundation ("VOF") Forest CORE Fund, and VOF and Grantee entered into a Grant Agreement in which Grantee agreed to manage the Property for outdoor recreation and to designate the Property as open -space land in accordance with the Open -Space Land Act (VA. Code §10.1-1700 et seq.) including Section 10.1-1701 of the Code of Virginia (1950), as amended, in exchange for VOF's agreement to provide grant funding. 2 NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of fifty-five thousand five -hundred and thirty dollars ($55,530.00) cash in hand paid by Grantee unto Grantors, and other good and valuable consideration, the receipt whereof is hereby acknowledged, Grantors do hereby bargain, sell, grant and convey with General Warranty and Modern English Covenants of Title unto Grantee, all of the following lot or parcel of land lying and being in the County of Roanoke, Commonwealth of Virginia, and more particularly described as follows: PARCEL C, containing 27.6962 acres, as shown on the Alta/NSPS Land Title Survey for Board of Supervisors of Roanoke County prepared by Caldwell White Associates, Engineers/Surveyors/Planners, dated 2020 and recorded as Instrument Number BEING A PORTION OF the property conveyed to Matilda Holland Bradshaw, Trustee under a Trust Agreement dated November 27, 1982 by Deed dated November 27, 1982 recorded in the Roanoke County Circuit Court Clerk's Office at Deed Book 1196, Page 1876 AND ALSO BEING A PORTION OF the property conveyed to the Andrews Descendants by Deed dated July 17, 1962 recorded in the Roanoke County Circuit Court Clerk's Office at Deed Book 694, Page 325 and BEING FURTHER SHOWN ON THE AFORESAID PLAT BY CALDWELL WHITE ASSOCIATES. This conveyance is made subject to all recorded easements, conditions, reservations, and restrictions now affecting the Property. WITNESS the following signatures and seals: i1 GRANTORS: STATE OF CITY/COUNTY OF MATILDA HOLLAND BRADSHAW, TRUSTEE OF THE TRUST AGREEMENT DATED NOVEMBER 27, 1982 to -wit: The foregoing instrument was acknowledged before me this day of , 20, by Matilda Holland Bradshaw, Trustee on behalf of the Trust Agreement dated November 27, 1982. Commission Expires: Registration Number: Notary Public 4 MATILDA HOLLAND BRADSHAW (SEAL) STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 20, by Matilda Holland Bradshaw. Notary Public Commission Expires: Registration Number: IDA MAE HOLLAND PERKINS (SEAL) STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 20, by Ida Mae Holland Perkins. Notary Public Commission Expires: Registration Number: ANDREWS HOLLAND OAKEY (SEAL) STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 20, by Andrews Holland Oakey. Commission Expires: Registration Number: Notary Public 7 STEPHEN CANNELLA (SEAL) STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 20, by Stephen Cannella. Notary Public Commission Expires: Registration Number: ELLEN ANDREWS HUNTER (SEAL) STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 20, by Ellen Andrews Hunter. Commission Expires: Registration Number: Notary Public 0j STATE OF CITY/COUNTY OF LUCY BASSETT ANDREWS, TRUSTEE OF THE JAMES BUCHANAN ANDREWS, II DECLARATION OF TRUST DATED APRIL 26, 2005 AS AMENDED AND RESTATED ON MAY 2, 2006 to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 20, by Lucy Bassett Andrews, Trustee on behalf of the James Buchanan Andrews, II Declaration of Trust dated April 26, 2005 as amended and restated on May 2, 2006. Commission Expires: Registration Number: Notary Public 10 GRANTEE: THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: Daniel R. O'Donnell, County Administrator STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 20, by Daniel R. O'Donnell, County Administrator for the County of Roanoke, Virginia. Commission Expires: Registration Number: Approved as to form: County Attorney Notary Public 11 PREPARED BY: Rachel W. Lower, Sr. Assistant County Attorney VSB # 88094 Office of the County Attorney 5204 Bernard Drive Roanoke, VA 24018 Consideration: $554,470.00 Assessed Value: $497,200.00 Title Insurance: Fidelity National Title Insurance Company Roanoke County Tax Map Number: 028.00-01-09.00-0000 No Botetourt County Tax Map Number Designated This instrument is exempt from the imposition of recordation taxes (other than those recordation taxes imposed by § 58.1-802) pursuant to § 58.1-811(A) (3) of the Code of Virginia (1950), as amended THIS DEED is made and entered into this day of , 20, by and between MATILDA HOLLAND BRADSHAW, TRUSTEE OF THE TRUST AGREEMENT DATED NOVEMBER 27, 1982, party of the first part (the "Grantor"), and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, party of the second part (the "Grantee") WITNESSETH: WHEREAS, the Grantor has the authority to execute this Deed of conveyance; and WHEREAS, the parcel of real estate that is the subject of this Deed (the "Property") is owned in trust titled Trust Agreement dated November 27, 1982, Matilda Holland Bradshaw being Trustee of said trust, and acting herein under authority from that trust to execute this Deed; and WHEREAS, the Property is located both in the County of Roanoke and the County of Botetourt, and no tax map number is designated upon the County of Botetourt land records; and 1 WHEREAS, Grantee desires to purchase the Property and to make it perpetually available for forestal, open -space and recreation use, protecting natural resources, and maintaining and enhancing air and water quality; and WHEREAS, the Property contributes to the scenic views enjoyed by the public; and WHEREAS, the Property is substantially undeveloped, is used primarily for forestal and wildlife habitat purposes, and contains features which provide general open space benefits to the public; and WHEREAS, Grantee has indicated it is willing to receive, own, operate, and maintain the Property; and WHEREAS, the Grantee has received a grant from the Virginia Outdoors Foundation ("VOF") Forest CORE Fund, and VOF and Grantee entered into a Grant Agreement in which Grantee agreed to manage the Property for outdoor recreation and to designate the Property as open -space land in accordance with the Open -Space Land Act (VA. Code §10.1-1700 et seq.) including Section 10.1-1701 of the Code of Virginia (1950), as amended, in exchange for VOF's agreement to provide grant funding. NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of five -hundred fifty four thousand four -hundred and seventy dollars ($554,470.00) cash in hand paid by Grantee unto Grantor, and other good and valuable consideration, the receipt whereof is hereby acknowledged, Grantor does hereby bargain, sell, grant and convey with General Warranty and Modern English Covenants of Title unto Grantee, all of the following lot or parcel of land lying and being in the County of Roanoke, Commonwealth of Virginia and in the County of Botetourt, Commonwealth of Virginia, and more particularly described as follows: 2 PARCEL A, containing 68.7723 acres, and PARCEL B, containing 207.7670 acres, as shown on the Alta/NSPS Land Title Survey for Board of Supervisors of Roanoke County prepared by Caldwell White Associates, Engineers/Surveyors/Planners, dated 2020 and recorded as Instrument Number BEING ALL OF "Parcel 3" and "Parcel 2" conveyed to Matilda Holland Bradshaw, Trustee under a Trust Agreement dated November 27, 1982 recorded in the Roanoke County Circuit Court Clerk's Office at Deed Book 1196, Page 1872 and BEING FURTHER SHOWN ON THE AFORESAID PLAT BY CALDWELL WHITE ASSOCIATES. This conveyance is made subject to all recorded easements, conditions, reservations, and restrictions now affecting the Property. WITNESS the following signatures and seals: 9-1 GRANTOR: STATE OF CITY/COUNTY OF MATILDA HOLLAND BRADSHAW, TRUSTEE OF THE TRUST AGREEMENT DATED NOVEMBER 27, 1982 to -wit: The foregoing instrument was acknowledged before me this day of , 20, by Matilda Holland Bradshaw, Trustee on behalf of the Trust Agreement dated November 27, 1982. Commission Expires: Registration Number: Notary Public 4 GRANTEE: THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: Daniel R. O'Donnell, County Administrator STATE OF CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 20, by Daniel R. O'Donnell, County Administrator for the County of Roanoke, Virginia. Commission Expires: Registration Number: Approved as to form: County Attorney Notary Public E AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 17, 2020 ORDINANCE AUTHORIZING THE PURCHASE OF APPROXIMATELY 304 ACRES OF LAND OFF OLD MOUNTAIN ROAD ADJACENT TO READ MOUNTAIN PRESERVE IDENTIFIED AS ROANOKE COUNTY TAX MAP NUMBERS 028.00-01-08.00-0000 AND 028.00-01-09.00-0000, HOLLINS MAGISTERIAL DISTRICT WHEREAS, Matilda Holland Bradshaw, Trustee of a Trust Agreement Dated November 27, 1982, Matilda Holland Bradshaw, Ida Mae Holland Perkins, Andrews Holland Oakey, Stephen Cannella, Ellen Andrews Hunter, and Lucy Bassett Andrews, Trustee of the James Buchanan Andrews, II Declaration of Trust Dated April 26, 2005 as Amended and Restated on May 2, 2006 are the owners of approximately 27.6962 acres located in Roanoke County and identified as Roanoke County Tax Map Number 028.00-01-08.00-0000; and WHEREAS, Matilda Holland Bradshaw, Trustee of a Trust Agreement Dated November 27, 1982, is the owner of approximately 276.5393 acres located in both Roanoke County and Botetourt County, identified as Roanoke County Tax Map Number 028.00-01-09.00-0000, and unidentified on the land records of Botetourt County; and WHEREAS, the landowners have agreed to sell the two parcels collectively (approximately 304 acres) to Roanoke County for $610,000.00, with the purchase price for the 27.6962 acre parcel being $55,530.00 and the purchase price for the 276.5393 acre parcel being $554,470.00; and WHEREAS, the Virginia Outdoors Foundation ("VOF") has awarded Roanoke County $620,054.00 from the Forest CORE Fund grant program for the acquisition and protection of both parcels; and Page 1 of 4 WHEREAS, in accordance with the VOF Forest CORE Fund grant requirements, Roanoke County (upon the County's purchase of the parcels) shall convey an open - space easement on the two parcels designating the property in perpetuity as open - space land in accordance with the Open -Space Land Act (Virginia Code § 10.1-1700 et seq.) including § 10.1-1701 of the Code of Virginia (1950), as amended; and WHEREAS, in accordance with the VOF Forest CORE Fund grant requirements, Roanoke County (upon the County's purchase of the parcels) shall agree to certain restrictions to be imposed in perpetuity set forth in a deed of easement to be granted to the VOF providing permanent forest protection; and WHEREAS, there is no local match required for the grant, and Read Mountain Alliance has also pledged $30,000 towards the project cost, with their fiscal agent being the Blue Ridge Land Conservancy; and WHEREAS, on February 11, 2020, the Board of Supervisors appropriated $620,054 from the VOF Forest CORE Fund grant program and $30,000 from the Read Mountain Alliance for the purchase of the land, easements, and acquisition costs; and WHEREAS, the two parcels will be used in the same manner as the current 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Dpef!2:61-!¨¨!26.:1:-!26.:34-!26.:75/21<!2:69-!d/!49:<!2:71-!d/!678<!2:73-!d/!518-!¨!26/2.567< 2:75-!d/!639<!2:77-!d/!6:7<!2:79-!d/!3:1<!2:86-!d/!752<!2:87-!d/!3:2<!2:89-!d/!695<!2:93-!d/!4:<!2:98- d/!423<!2:9:-!d/!643<!2::1-!d/!744<!2::8-!dd/!698-!969<2::9-!d/!794<3118-!d/!912<311:-!dd/!781-!7:1< 3123-!dd/!914-!946<3127-!d/!724<3129-!dd/!286-!429<3131-!d/!776/ ¡! Uif!dibqufst!pg!uif!bdut!pg!bttfncmz!sfgfsfodfe!jo!uif!ijtupsjdbm!djubujpo!bu!uif!foe!pg!uijt!tfdujpo nbz!opu!dpotujuvuf!b!dpnqsfifotjwf!mjtu!pg!tvdi!dibqufst!boe!nbz!fydmvef!dibqufst!xiptf 3210603131 qspwjtjpot!ibwf!fyqjsfe/ ¡! 4210603131 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. Planning During t u Public Hearing Commission Applicant Presentation Handed O AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 17, 2020 RESOLUTION RECOMMENDATION ON THE PETITION OF APPALACHIAN POWER AND THE ROANOKE COUNTY ECONOMIC DEVELOPMENT AUTHORITY TO REVIEW A PROPOSED SUBSTATION AND OVERHEAD TRANSMISSION LINES PURSUANT TO VA. CODE § 15.2- 2232 FOR CONSISTENCY WITH THE ROANOKE COUNTY COMPREHENSIVE PLAN WHEREAS, Va. Code § 15.2-2232 requires that no expansion of a public utility facility shall be constructed, established or authorized, unless and until the general location or approximate location, character, and extent thereof has been submitted to and approved by the Planning Commission as being substantially in accord with the adopted comprehensive plan or part thereof; and WHEREAS, Va. Code § 15.2-2232 requires the Planning Commission to communicate its findings to the governing body, indicating its approval or disapproval, and allows the governing body to overrule the action of the Planning Commission by a majority vote; and WHEREAS, Appalachian Power and the Roanoke County Economic Development Authority submitted an application to review a proposed substation and overhead transmission lines for consistency with the Roanoke County Comprehensive Plan; and WHEREAS, the Planning Commission held a public hearing on this application on November 2, 2020, and determined that the proposed substation and overhead transmission lines were substantially in accord with the Roanoke County Comprehensive Plan; and Page 1 of 2 WHEREAS, this matter was referred to the Board of Supervisors for its review and approval. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board finds that the proposed substation and overhead transmission lines are substantially in accord with the Roanoke County Comprehensive Plan, and approves the decision of the Roanoke County Planning Commission on the petition of Appalachian Power and the Roanoke County Economic Development Authority. 2. That this Resolution is effective from and after November 17, 2020. Page 2 of 2 ROANOKE COUNTY OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800 Roanoke, Virginia 24018-0798 Peter S. Lubeck TEL: (540) 772-2071 Mary Beth Nash COUNTY ATTORNEY FAX: (540) 772-2089 Rachel W. Lower Marta J. Anderson SENIOR ASSISTANT COUNTY ATTORNEYS SAMPLE MOTIONS The petition of Appalachian Power Company and the Roanoke County Economic Development Authority to review a proposed substation and overhead transmission lines per section 15.2- Comprehensive Plan, located within the Roanoke County Center for Research and Technology at 5495 Corporate Circle, Catawba Magisterial District. MOTION TO APPROVE I find that the proposed substation and overhead transmission lines are substantially in I therefore MOVE TO APPROVE the decision of the Roanoke County Planning Commission on this petition. MOTION TO DISAPPROVE I find that the proposed substation and overhead transmission lines are not substantially MOVE TO DISAPPROVE the decision of the Roanoke County Planning Commission on this petition. MOTION TO DELAY ACTION I find that the required information for the submitted proposal is incomplete. I therefore MOVE TO DELAY action until additional necessary materials are submitted to the Board of Supervisors. ACTION NO. ITEM NO. M.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 17, 2020 AGENDA ITEM: The petition of Milestone Tower Limited Partnership IV to rezone approximately 9.55 acres from R-1, Low Density Residential, District to AR, Agricultural/Residential, District and to obtain a Special Use Permit for a broadcasting tower (cell tower) approximately 137 feet in height, located at 420 Swan Drive, Vinton Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: County Administrator ISSUE: Agenda item for public hearing and second reading of an ordinance to rezone 9.55 acres from a residential zoning district to an agricultural zoning district and to obtain a special use permit for a cell tower in Stonebridge Park. BACKGROUND: · The applicant is proposing to construct a broadcasting tower (cell tower) within a County-owned park, Stonebridge Park, which is currently zoned R-1 (Low Density Residential) · structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas. The term includes but need not be limited to radio and television transmission towers, microwave towers, common-carrier towers, and cellular telephone and wireless communication towers. Broadcasting tower types include, but are not limited to monopoles, lattice towers, wooden poles, and · A broadcasting tower is not a permitted use in the R-1 (Low Density Residential) Page 1 of 3 zoning district; however, it is allowed in the AR (Agricultural/Residential) zoning district with a Special Use Permit. THE TELECOMMUNICATIONS ACT OF 1996 In 1996, Congress passed the Telecommunications Act of 1996 which provides, in excerpts, as follows: · No state or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the Communications Commission) regulations concerning such emissions. · Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. Any decision by the Board of Supervisors to deny this special use permit application must be supported by substantial evidence, and cannot be tied to any alleged environmental (health, safety) effects of radio frequency emissions (so long as the tower otherwise complies with FCC regulations concerning such emissions). DISCUSSION: The Planning Commission held a public hearing on this request on November 2, 2020. Many citizens provided comments on this application (fourteen written comments were received prior to the public hearing; three people spoke during the public hearing with two of them submitting petitions signed by hundreds of people, and eight emails and four phoned-in comments were received during the 10-minute recess period). Their comments/concerns dealt with: impacts to viewsheds including mountain viewsheds; visibility of tower to neighboring properties; distance of the tower to the playground; school board turning down tower location; residents have good cellular service so tower would not benefit them; why this location and not others on Route 24; impact on property values; want to protect the park from degradation; health risks and impacts; concern over park becoming a tower farm; blue ridge parkway impacts; tower would ruin rural nature of the park; why rezoning the entire property; comprehensive plan conformance; what is the financial benefit to the County; and can the tower utilize stealth techniques. The Planning Commission discussed: the location of the tower in relation to other nearby features (playground, picnic pavilion, greenway, tennis courts, and baseball field); co-location possibilities on proposed tower; setbacks for towers; 4G service and 5G potential; height of tower at 137 feet versus 199 feet; location of towers near schools Page 2 of 3 or parks in other jurisdictions; chain link versus wooden stockade fence around equipment compound; other locations in the park as possibilities; comprehensive plan designation; service needs in this area; and impact to adjacent properties. The Planning Commission recommends approval of rezoning 9.55 acres from R-1, Low Density Residential, to AR, Agricultural/Residential), and issuing a special use permit for a broadcast tower (cell tower) with four conditions: 1. The site shall be developed in substantial conformance with the conceptual site plan prepared by Entrex Communication Services, Inc. and dated September 8, 2020, subject to any changes from special use permit conditions or required during the site plan review process. 2. Only one broadcasting tower shall be constructed on site. The maximum height of the broadcasting tower shall not exceed 137 feet in height. The broadcasting tower shall be galvanized, gray, or brown in color. 3. Fencing around the lease area shall be chain link or wood as approved by the County. A row of large evergreen tress shall be planted along the outside of the fenced compound to screen it from public view. If any trees are cut down or removed during construction of the broadcasting tower the applicant shall replant the same number of trees in the park at locations approved by County staff. The planting of new trees shall be warranted for 12 months. 4. The broadcast tower shall not impact nor create any barriers to recreational amenities (trails, parking, playgrounds, athletic fields, etc.). Construction of the broadcast tower shall not alter the flow of stormwater in the park to impede any recreational amenity. FISCAL IMPACT: There is no fiscal impact to the County as a result of an approved rezoning and/or special use permit. However, any future lease agreement entered into between the County and the petitioner would result in a financial benefit to the County. STAFF RECOMMENDATION: Staff recommends that the Board rezone 9.55 acres from R-1, Low Density Residential, to AR, Agricultural/Residential, and issue a special use permit for a broadcasting tower (cell tower) with four conditions as recommended by the Planning Commission. Page 3 of 3 TUBGG!SFQPSU Qfujujpofs;Njmftupof!Upxfs!MjnjufeQbsuofstijqJW Sfrvftu;!!!!!Up!sf{pof!bqqspyjnbufmz!:/66bdsft!gspn!S.2-Mpx!EfotjuzSftjefoujbmEjtusjdu!up! 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FYFDVUJWF!TVNNBSZ;!! Milestone Tower Limited PartnershipIVis requestingtwo actions: 1)to rezonethe9.55acreStonebridge Park (owned by Roanoke County)from R-1,Low DensityResidentialDistrict to AR,Agricultural/ResidentialDistrict,and 2)to obtain a Special Use Permit for the construction of a 137’ monopolebroadcastingtower (cell tower) in Stonebridge Park. Thesubject parcel isdesignated Neighborhood Conservationon the future land use map of the Roanoke County Comprehensive Plan.The parcel’s existing use is a public park with passive and active recreational spaces and infrastructure.Neighborhood Conservation is afuture land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged.Appropriate land use types in Neighborhood Conservation include single-family residential, neighborhood institutional centers (including recreational and park facilities) and neighborhood commercial. BQQMJDBCMF!SFHVMBUJPOT 1 The Roanoke County Zoning Ordinance defines a broadcasting toweras “any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas. The term includes but need not be limitedto radio and television transmission towers, microwave towers, common-carrier towers, and cellular telephone and wireless communication towers. Broadcasting tower types include, but are not limited to monopoles, lattice towers, wooden poles, and guyed towers. Excluded from this definition are amateur radio towers, which are described separately.” Abroadcasting tower is not apermitted use in the R-1zoning district;however, it isallowed intheARzoning district with a Special Use Permit.Section 30-87-2 (attached) of the Roanoke County Zoning Ordinance provides use and design standards for broadcasting towers. If approved, development of the site would require comprehensive site plan review and building permit review. !!!!!!!!!!BOBMZTJT!PG!FYJTUJOH!DPOEJUJPOT Topography/Vegetation/Public Amenities–The proposed project sits within Stonebridge Park, a Roanoke County park along the Wolf Creek Greenway.Stonebridge is a neighborhoodpark of 9.55acres with rolling topography. The park includes tennis courts, parking lot, basketball court, baseball field, picnic shelter, playground, wooded and open space areasandagreenway connection. Wolf Creek and the Wolf Creek Greenway run through the park. The application proposes to demolish the existing restroom building and construct the tower in its location. Surrounding Neighborhood–The park is surrounded by single-family neighborhoodsto the east, westand south, Wolf Creek Greenway to the west, and the campuses ofWilliam Byrd Middle and High Schools to the west and south. The Wolf Creek Greenwayand Wolf Creektraverse the northwest sectionof the park property. The proposed tower location is 0.4 mile from the Blue Ridge Parkway.The surrounding properties are all zoned R-1, Low Density Residential. BOBMZTJTPG!QSPQPTFE!EFWFMPQNFOU Site Layout/Architecture–The submitted applicationproposes demolishing the existing park restrooms(which currently are not in use), andshows the construction of a 135’ gray steel monopolebroadcasting towerwith a 2’ lightening rod, totaling 137’in heightsurrounded by a fenced compound.The compound plan shows that the base of the pole would be surrounded by an 8-foottall galvanized chain link fenceand various equipment. The proposed compound area would beapproximately4times the size of the existing restrooms. The compound area is approximately 1,935square feet.The foundation of the existing restroom is approximately 480square feet.The proposed tower compound is approximately 100 feet fromthe picnic shelter, 140 feet from the tennis courts, 200 feet from the playground, and 160 feet from home plate at the baseball field. Access/Traffic Circulation–Onevehicularaccess is shownon the proposed conditions plan extending from the existing entranceroadto Stonebridge Parkto the tower compound. Atlantic Technology Consultants, Inc. –Technical Review –George Condyles, Roanoke County’s wireless communications consultant with Atlantic Technology Consultants, Inc., has reviewed the submitted request and has submitted a technical report, which is attached. Mr. Condyles recommends approval of this application. Bhfodz!Dpnnfout—The following comments were provided by the various agencies on this request: National Park Service-Blue Ridge Parkway: Due to the tower’s proximity to the parkway boundary which varies between 0.4 and over a mile a balloon test is suggested with the potential outcome to be a stealth tower or a tower that is lower and less visible. 2 The tower as proposed has the potential to be an adverse effect to the viewshed of the Blue Ridge Parkway (comments and map attached). Parks, Recreation and Tourism: 1. Parks, Recreation and Tourism requests that the finish of the broadcast tower be galvanized or gray in color. The proposal appears to show the tower painted white. 2. The proposed plan shows fencing around the base of the tower. Parks, Recreation and Tourism requests landscaping around the fence toscreen the fencing from the public. The landscaping needs to be maintained by the tower owner. 3. Parks, Recreation and Tourism requests that the proposed tower have no impactandcreatenobarriersto recreational amenities in Stonebridge Park such as trails, parking, playground, athletic fields, etc. 4. Parks, Recreation and Tourism requests that if any trees are cut and or removed for the construction of the tower that Milestone replant the same number of new trees in the park and warranty the trees for 12 months. The location of the new trees will be approved by Roanoke County. 5. The proposed site plan for the broadcast tower should not alter the flow of stormwater in the park to impede any recreational amenity. 6. Another alternative location for consideration in Stonebridge Park is in the northeast corner of the park. This would screen the tower within the park from users and adjacent land owners. The tree buffer would also aid in screening the tower from the general public. Communications & Information Technology (CommIT):No issues for CommIT and or public safety are foreseen, however, we ask that Roanoke County be allocated a spot above tree line to locate an antenna or equipment if needed in the agreement, if approved. Building Safety: The Office of Building Safety stated that all construction would need to meet the requirements of the Virginia Uniform Statewide Building Code adopted at time of construction. Fire & Rescue:The proposed project will not increase the services provided by Fire and Rescue. Economic Development: Economic Development offers no objection. Stormwater Operations:No impacts to the Floodplain or additional requirements for development. Solid Waste:No impact on solid waste. Virginia Department of Transportation (VDOT):The use of this property for a communications tower site will not adversely impact the VDOT right of way.Any future expansions or redevelopment of the parcel or alteration to the existing drive may require VDOT review, approval, and permitting. Bedford County Community Development:No concerns regarding this request. Town of Vinton: The Town of Vinton has one of its wells (Stonebridge Well) on a contiguous lot at the back of the William Byrd track/football field. There are various Vinton utility lines running through Stonebridge Park. The Town would be part of the development review process should the project be approved and moved to construction. DPOGPSNBODF!XJUI!SPBOPLF!DPVOUZ!DPNQSFIFOTJWFQMBO 3 Roanoke County’sComprehensive Plan indicates that the Future Land Use Designation of the subjectparcelis Neighborhood Conservation.Neighborhood Conservation is afuture land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged.Land use types in this designation include single-family residential, neighborhood institutional centers(including recreational and park facilities)and neighborhood commercial. The current R-1(Low Density Residential) zoning is consistent with thecurrentfuture land use designation of Neighborhood Conservation.While a rezoning to AR (Agricultural/Residential) would generally be considered inconsistent with the Neighborhood Conservation future land use designation, the development of the property will remain a park with the addition of the broadcastingtower. As mentioned above, recreational and park facilities are use types appropriate for Neighborhood Conservation. The Roanoke County Comprehensive Plan also provides the following guidance for broadcast towers: Discourage the placement of broadcast towers along scenic roads or in scenic viewsheds. Implement regional cellular tower policies to protect the region’s viewsheds and mountaintops. Prohibit the use of ridgelines as locations for communications and transmission towers. Encourage the siting of communication antennae and dishes on existing or new structures rather than on stand-alone towers. DPNNVOJUZ!NFFUJOH Due to the state of emergency during the COVID-19 pandemic, Roanoke County did not host a neighborhood meetingon this application.The County mailed out 280 property owner notification letters regarding the application and the public hearing dates. However, Milestone Communications hosted a virtual (on the internet only) "Stonebridge Park Town Hall Meeting"using Zoom technology on October 21, 2020at 6:30 p.m. Staff attendedthe meetingand took notes(attached).A slide presentation was provided by the applicant. The meeting did allow for questions and comments. Questions and comments included: how the tower use will devalue their real property; why is the entire park is being rezoned and suspect that the broadcast tower use will grow and eventually remove the park uses altogether;the zoning ordinance is supposed to protect citizens and property owners, and asked for a guaranteethat the property will never be rezoned again;negative impacts to the Wolf Creek Greenway and to Wolf Creek, both during and after construction;the proposed tower providesno benefit to them;they are against the rezoning and special use permit;why didthe School Board refuse to allow the tower on school property, and confusion about why Stonebridge Parkis a better location;how busy and beloved the park is, and concerns that this use will destroy the park;potential health issues caused by the technology on the tower;monetary benefits to the County; andconcerns about the height and appearance of the tower. TUBGG!DPODMVTJPOT Milestone Tower Limited PartnershipIVis requesting to rezone 9.55 acres from R-1,Low Density Residential District to AR,Agricultural/ResidentialDistrict, and to obtain a Special Use Permit for a 137’ monopole tower in a public park.The submitted concept plan shows the demolition of anexisting480square footpublic restroom buildingwithin the park, and the construction of a monopole communications towerand 1,935 square foot fenced compoundin the same location.The County’s wireless telecommunications consultant, Atlantic Technology Consultants, has recommended approval of this request. If the Planning Commission recommends approval, staff suggests four conditions associated with this request. DBTF!OVNCFS;!8.2203131 QSFQBSFE!CZ;Dfdjmf!Ofxdpnc IFBSJOH!EBUFT;!QD;!!!2203031CPT;!!22028031 BUUBDINFOUT;Bqqmjdbujpo Bfsjbm!Nbq \[pojoh!Nbq! 4 Gvuvsf!Mboe!Vtf!Nbq Qipuphsbqit !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Ufdiojdbm!Sfwjfx!Sfqpsu!cz!BUD!ebufe!Pdupcfs!26-!3131 S.2Ejtusjdu!Tuboebset BSEjtusjdu!Tuboebset !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Cspbedbtu!Upxfs!Vtf!boe!Eftjho!Tuboebset Ofjhicpsippe!DpotfswbujpoMboe!Vtf!Eftdsjqujpo Dpnnvojuz!Nffujoh!Opuft!—Pdupcfs!32-!3131 Qvcmjd!Dpnnfout!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 5 TECHNICAL REVIEW SPECIAL USE PERMIT 7-11/2020 PROPOSED 135-ft WIRELESS TELECOMMUNICATIONS FACILITY MILESTONE COMMUNICATIONS Site Name: Stonebridge Park 420 Swan Drive Vinton, VA 24179 Submitted by: ATLANTIC TECHNOLOGY CONSULTANTS, INC. A Member of The Atlantic Group of Companies, Inc. ATC PROJECT #: 1100-18 October 15, 2020 EXECUTIVE SUMMARY Milestone Tower Limited Partnership IV (Wireless Communications Facility Provider) as agent for ShenTel Communications (Wireless Communications Service Provider) has made application to the County for the issuance of a Special Use Permit to allow construction of a new 135-ft monopole telecommunications tower at 420 Swan Drive, Vinton, VA 24179. ShenTel is an FCC Licensed provider of wireless communications services in the Roanoke County area and beyond. The property is owned by the Roanoke County Board of Supervisors. The property is located at the terminus of 420 Swan Drive, Vinton, VA 24179 at parcel #061- 02-01-51.00-0000. The property is Zoned R-1 (Residential District) and is used as a Park. The parcel is 9.55 acres. RECOMMENDATION This consultant recommends approval of construction of this a 139-ft (135-ft tower + 4-ft lightning rod) monopole tower as proposed. The Applicant has thoroughly researched the availability of property on the school compound (William Byrd Middle and High School) that is approximately 6+ from the proposed free-standing monopole tower. The Applicant indicated that the schools did not want to have this on school property. Stonebridge Park is the alternate location. This report outlines the specific areas of evaluation with respect to this proposal, and details this consultanregarding the site plans and proposal as presented. Supporting and clarifying evidence regarding the suitability of the proposed design is included. ______________________________ George N. Condyles, IV President and COO Atlantic Technology Consultants, Inc. Atlantic Technology Consultants, Inc. Page 2 of 26 Mechanicsville, VA 1.0 TECHNICAL 1.1 Siting The proposed tower site is a 2,500 s.f. lease area of Stonebridge Park property situated within a 9.55 Acre parent parcel owned by Roanoke County Board of Supervisors. The property is located at the terminus of 420 Swan Road, Vinton VA 24179 at parcel #061-02-01-51.00-0000. The property is Zoned R-1 (Residential District). The Applicant has requested that the property be rezoned to an AR Zoning (Agriculture-Residential) Site Plan: Access Road and location of leased area on parcel Atlantic Technology Consultants, Inc. Page 3 of 26 Mechanicsville, VA Swan Drive Entrance The proposed project Site Plans were prepared by the firm of Entrex Communications Services, Inc. of Rockville, MD. The Site Plans submitted by Entrex are professional and accurate and will be used in this report. The proposed tower is a 135-ft monopole tower placed within a 50 50 fenced compound upon the destruction of the existing bathroom building. Atlantic Technology Consultants, Inc. Page 4 of 26 Mechanicsville, VA Compound Plan The center of the proposed tower is located at coordinates 37° 17 16 and 79° 5134 W (NAD 83). 1.2 Topography The topography of this site is relatively uneven. The ground elevation for the proposed tower is 1147 The tower is proposed at 135 Lightning Rod for an overall height of 139 Combining the Ground elevation of 114739 an Average Mean above Sea Level of 1,286 The Consultant has reviewed the information supplied by the Applicant of the tower as conditions relative to the topography. Site placement is adjacent to many residential structures and will be surrounded by 40 trees on 3 sides. The site has a natural tree buffer around 3 sides and will cause very little land disturbance. The site (as for the topography) is well suited and will serve many residences with advanced wireless broadband services. Atlantic Technology Consultants, Inc. Page 5 of 26 Mechanicsville, VA Viewsheds Roanoke County Communications Tower Ordinance No broadcasting towers shall be permitted within the critical view sheds of the Blue Ridge Parkway or Appalachian Trail as shown on any official map designating these view sheds and pre-approved by the board of supervisors. In addition, no towers shall be proposed within any other designated area of local scenic, historical, ecological and cultural importance as designated and approved by the board of supervisors prior to the filing of a Visibility Locations Blue Ridge Parkway Locations: 23, 24, and 26 Atlantic Technology Consultants, Inc. Page 6 of 26 Mechanicsville, VA Environmental/NEPA Opinion Atlantic Technology Consultants, Inc. Page 7 of 26 Mechanicsville, VA Radius from Proposed Site of 250, 500. 1000 and ½ mile Atlantic Technology Consultants, Inc. Page 8 of 26 Mechanicsville, VA Homes with Greatest Visibility Visibility of Homes from Proposed Site These homes of the neighborhood will receive a clear and unobstructed view of the tower. Atlantic Technology Consultants, Inc. Page 9 of 26 Mechanicsville, VA Visibility from Park to Athletic Field at William Byrd Middle/High Schools Atlantic Technology Consultants, Inc. Page 10 of 26 Mechanicsville, VA Visibility from William Byrd Athletic Field back to Proposed Tower Atlantic Technology Consultants, Inc. Page 11 of 26 Mechanicsville, VA Technology Background: Enhanced Wireless Services will be provided from this site Generically, the wireless broadband is the two-way reception and transmission from an antenna support facility (tower, power line transmission tower, or elevated structure/rooftop) signaled through a home antenna with a series of router equipment to home computers, laptops and tablets. (See generic diagram below) Wireless In Home Broadband A service that provides high-speed in-home Internet access leveraging the power and speed of one of the /5G LTE network will be available throughout this site. Wireless Broadband offers customers a reliable alternative for residential broadband, especially in areas with limited broadband choices. It provides connectivity for a wide range of devices, including computers and gaming consoles, using the 4G/5G LTE network, which is now available in 230 markets covering more than two-thirds of the population in the United States. Atlantic Technology Consultants, Inc. Page 12 of 26 Mechanicsville, VA 1.3Setbacks The proposed site is approximately 125mary road, Swan Drive. All property line setbacks required for this area have been observed in the drawing (Page Z-1A) of the enclosed site plans, including those with respect to adjacent property lines. The tower is located 170 setback requirements. In addition, the closest residential structure is over 43 feet from the base of the tower thus meeting this requirement. The proposed tower meets the Setback requirements for structural failure. Atlantic Technology Consultants, Inc. Page 13 of 26 Mechanicsville, VA 1.4Co-Location The Application does meet the County Ordinance. Roanoke County Broadcast Tower Ordinance Sec. 30-87-2 - Broadcasting Tower (A) Intent: The intent of these provisions is to regulate the placement of new and replacement broadcasting towers within Roanoke County. These provisions provide broadcasting tower applicants, property owners, and all other Roanoke County citizens clear guidance on the official policies and standards of the County. These policies and standards shall be used by applicants as a guide when selecting alternative broadcasting tower sites and broadcasting tower designs within the county. In addition, the county staff, planning commission and board of supervisors shall use these policies and standards, the Roanoke County community plan and the general special use permit criteria found in section 30-19 as a guide for evaluating any future requests for broadcasting towers. In the interest of preserving and enhancing the scenic and natural beauty of Roanoke County it is the goal of the county to achieve a long term reduction in the number of broadcasting towers within the county, and where possible, to achieve a reduction in the height of existing broadcasting towers throughout the county, with special emphasis on towers located along or near the ridgetops of major mountains and land forms. In addition, it is the goal of the county, where possible, to achieve the relocation of existing broadcasting towers and associated utility and access corridors which have a high visual impact on scenic resources. To this end, the county will work cooperatively with broadcasting tower owners and applicants and land owners to achieve these goals. It is the official policy of the county to encourage and promote the collocation of antennas on existing public and private structures within the county. To achieve this end, the county encourages all wireless communication providers to locate new antennas on existing structures. Permits for new broadcasting towers should only be requested when no other reasonable alternative exists for locating needed antennas. When new broadcasting towers are proposed as a last alternative, the requested broadcasting tower location, height and design should be chosen to protect and enhance the scenic and natural beauty of Roanoke County. Broadcasting tower locations at elevations lower than surrounding ridge lines are preferred. The use of stealth designs should be considered for any new broadcasting tower. It is the intent of the county to fully comply with all of the applicable provisions of the federal Telecommunications Act of 1996 and other applicable federal and state laws as said laws address and preserve Roanoke County's zoning authority and provide to the communication industry the right and responsibility to provide communication services within their service areas. Atlantic Technology Consultants, Inc. Page 14 of 26 Mechanicsville, VA : There are no other existing structures within the search ring that are tall enough to meet the coverage objective. Alternative Co-location Site A US Cellular Tower is 1.64 miles away and is not in position to provide broadband coverage to this area for ShenTel. Atlantic Technology Consultants, Inc. Page 15 of 26 Mechanicsville, VA 1.5Structural The proposed 135monopole tower design is of high strength steel, and represents a highly stable structural design not known by this consultant to have failed at any installation in this region. This structure, as proposed, is well within compliance of EIA/TIA-222-G guidelines for structures mandated ability to withstand the structural loading of all appurtenances, plus additional wind and ice loading. This tower structure, as proposed, would allow room for future co-location of at least three (3) additional wireless Land Mobile Radio carriers at the same site, minimizing the number of towers needed for all wireless telecommunications carriers to eventually optimize service in this area. Furthermore, in conformance with the County, work at this site will remain in compliance with ALL federal, state, and local building codes and regulations if work proceeds as site plans representing a soundly engineered design conforming to industry standards. Atlantic Technology Consultants, Inc. Page 16 of 26 Mechanicsville, VA 1.6RF Exposure FCC bulletin OET-65 provides guidance for a licensee proposing to construct a telecommunications support structure in calculation of RF exposure limitations, including analysis of the cumulative effect of all transmitters on the structure. Appropriate steps, including warning signage at the site, will be taken to protect both the general public and site workers from unsafe RF exposure in accordance with federal guidelines. Milestone has agreed in writing to be in compliance with all FCC requirements. The consultant sees no evidence of unsafe RF exposure levels being generated at this site if it were to proceed as proposed. RF site exposure warning signage placement is appropriately planned for this site. 1.7 Grounding Grounding of all structures and equipment at an RF site is critically important to the safety of both personnel and equipment at the site Even a single component not meeting this standard places all other site components at risk for substantial damage. All structures and equipment at the site should maintain a ground potential difference of less than 5 ohms. If construction proceeds as proposed, all structures and equipment shall be appropriately grounded and any obvious grounding deficiencies rectified for safety purposes and minimizing the potential for a situation to occur requiring mitigation. These concerns will be addressed in the building Permit Phase. 1.8 General Safety This site compound will be surrounded by suitable 6-ft high chain link fence with three strand barbed wire to prevent unauthorized access to the tower site, as clearly indicated in the proposed site plans. Additional safety measures to be placed at this site should include: - RF exposure warning signage - Site identification information - Routine and Emergency contact information - No Trespassing signs Furthermore, OSHA-approved style of fall prevention cable and an anti-climbing device shall be installed. Atlantic Technology Consultants, Inc. Page 17 of 26 Mechanicsville, VA 1.9Interference The consultant sees no evidence of interference by or with this site after a general evaluation of the surrounding transmitter sites. Should any interference issues be posed with respect to this site, mitigation would nevertheless remain the responsibility of the FCC License Owner and affected carrier(s), and would be regulated by the Federal Communication Commission and/or the Federal Aviation Administration, having no effect or burden on the County. 2.0 PROCEDUREAL 2.1 FAA Study A full FAA Study to determine potential Air Hazard requirements for this tower was submitted with this Application by Milestone. Atlantic Technology Consultants, Inc. Page 18 of 26 Mechanicsville, VA 2.2 FCC Antenna Site Registration This tower is not required to be registered. 2.3 Environmental Impacts The National Environmental Policy Act of 1969 (NEPA), delineated in Title 47 of the Code of Federal Regulations, Part 1, Subpart I, sections 1.1301-1.1319, requires federal agencies to incorporate environmental considerations into their decision-making process when evaluating new construction proposals. As a licensing agency, the Federal Communication Commission (FCC) requires all licensees to consider the potential environmental effects from their construction of antenna support structures, and to disclose those effects in an Environmental Assessment (EA) that must be filed with the FCC for review. This Application does not have any ement. Atlantic Technology Consultants, Inc. Page 19 of 26 Mechanicsville, VA Property in Study (Red) 2.4 Historic Impacts Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires that State Historic Preserva Advisory Council on Historic Preservation be given a reasonable opportunity to comment on all undertakings with the potential to affect historic properties. Prior to construction, the licensee is required to submit to the SHPO a detailed description of the project, a listing of local historic resources, and a discussion of any measures being undertaken to mitigate impacts (if any) on historic resources. Upon receipt, the SHPO has thirty (30) days to review and respond Atlantic Technology Consultants, Inc. Page 20 of 26 Mechanicsville, VA Atlantic Technology Consultants, Inc. Page 21 of 26 Mechanicsville, VA This Application will have No Adverse Effectn the placement. Atlantic Technology Consultants, Inc. Page 22 of 26 Mechanicsville, VA 2.5 Radio Frequency Coverage Analysis ShenTel is proposing to co-locate on 139-ft monopole tower. This tower will address the lack of 4-G coverage in the Vinton/Washington Street corridor. This site will be known RI67SH462ShenTel networking naming of their transceiver sites. The ShenTel network is surrounded es. - North: RI68SH763 - Northwest: RI685H882 - West: RI68SH935 - Southwest: RI68SH811 - South: RI68SH768 - East: RI68SH871 The Observer can see how significant the hole is and how this area of the county is underserved. (See page 24 below.) This site fills in the underserved areas of marginal to weak service for data and in-building penetration. Atlantic Technology Consultants, Inc. Page 23 of 26 Mechanicsville, VA Atlantic Technology Consultants, Inc. Page 24 of 26 Mechanicsville, VA The Consult concerning filling in this underserved area for data service. Atlantic Technology Consultants, Inc. Page 25 of 26 Mechanicsville, VA 3.0 RECOMMENDATION This request for approval to construct a 135-ft monopole tower lightning rod as proposed represents an appreciable intent on the part of the Applicant to conform to all applicable federal, state, and local regulations. The Consultant recommends that the County approve the Application/Request for issuance of a Special Use Permit to allow construction of this site. In closing, this consultant remains available to address any comments or questions which may arise following review of this report. Any interested party with such comments or questions may feel free to contact this firm, which remains committed to delivering independent, objective, unbiased, and thorough consulting services. Respectfully submitted, George N. Condyles, IV, CPM President & COO Atlantic Technology Consultants, Inc. Page 26 of 26 Mechanicsville, VA R-1 District Regulations SEC. 30-41. R-1 LOW DENSITY RESIDENTIAL DISTRICT. Sec. 30-41-1. Purpose. (A) The R-1, low density residential district is established for areas of the county within the urban service area with existing low-middle density residential development, with an average density of from one (1) to three (3) units per acre, and land which appears appropriate for such development. These areas are generally consistent with the neighborhood conservation land use category as recommended in the comprehensive plan. In addition, where surrounding development and the level of public services warrant, these areas coincide with the development category recommended in the plan. This district is intended to provide the highest degree of protection from potentially incompatible uses and residential development of a significantly different density, size, or scale, in order to maintain the health, safety, appearance and overall quality of life of existing and future neighborhoods. In addition to single-family residences, only uses of a community nature which are generally deemed compatible are permitted in this district. This would include parks and playgrounds, schools and other similar neighborhood activities. (Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-41-2. Permitted uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Stable, Private * 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Manufactured Home * Manufactured Home, Emergency * Multiple Dog Permit * 1 R-1 District Regulations Residential Human Care Facility Single Family Dwelling, Attached * Single Family Dwelling, Attached (Cluster Subdivision Option) * Single Family Dwelling, Detached Single Family Dwelling, Detached (Cluster Subdivision Option) * Single Family Dwelling, Detached (Zero Lot Line Option) * 3. Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Utility Services, Minor 4. Commercial Uses Bed and Breakfast * 5. Miscellaneous Uses Amateur Radio Tower * Wind Energy System, Small * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Residential Uses Alternative Discharging Sewage System * 2. Civic Uses Cemetery * 2 R-1 District Regulations Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Religious Assembly * Utility Services, Major * 3. Commercial Uses Golf Course * 4. Miscellaneous Uses Outdoor Gatherings * (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, §§ 3, 8, 6-22-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042500-9, § II, 4-25-00; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5-24-11, Ord. No. 111213-15, § 1, 11-12-13) Sec. 30-41-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. All lots served by private well and sewage disposal systems: a. Area: 0.75 acre (32,670 square feet). b. Frontage: 90 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 20,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. 3. All lots served by both public sewer and water: a. Area: 7,200 square feet. 3 R-1 District Regulations b. Frontage: 60 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 10 feet. b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. Principal structures: 45 feet. b. Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures. (D) Maximum coverage. 1. Building coverage: 35 percent of the total lot area for all buildings and 7 percent for accessory buildings. 2. Lot coverage: 50 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 42694-12, § 8, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08, Ord. No. 111213-15, § 1, 11-12-13) 4 AR District Regulations SEC. 30-34. AR AGRICULTURAL/RESIDENTIAL DISTRICT. Sec. 30-34-1. Purpose. (A) These areas are generally characterized by very low density residential and institutional uses mixed with smaller parcels that have historically contained agricultural uses, forest land and open space outside the urban service area. These areas provide an opportunity for rural living in convenient proximity to urban services and employment. Agricultural uses should be encouraged to be maintained. Over time, however, these areas are expected to become increasingly residential in character, with residential development becoming the dominant use over agricultural and more rural type uses. The purpose of this district, consistent with the Rural Village land use category in the comprehensive plan, is to maintain these areas essentially in their rural state, consistent with the level of services anticipated by the county. These areas are generally suitable for low density residential development and other compatible land uses. (Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4- 22-08) Sec. 30-34-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture * Agritourism * Farm Brewery * Farm Distillery * Farm Winery * Forestry Operations * Stable, Commercial * Stable, Private * Wayside Stand * 1 AR District Regulations 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type II * Manufactured Home * Manufactured Home, Emergency * Multiple Dog Permit * Residential Human Care Facility Single Family Dwelling, Detached Single Family Dwelling, Detached (Zero Lot Line Option) * 3. Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Religious Assembly * Utility Services, Minor 4. Commercial Uses Bed and Breakfast * Veterinary Hospital/Clinic 5. Miscellaneous Uses Amateur Radio Tower * Wind Energy System, Small * 2 AR District Regulations (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Residential Uses Alternative Discharging Sewage Systems * 2. Civic Uses Camps * Cemetery * Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Safety Services * Utility Services, Major * 3. Commercial Uses Antique Shops * Golf Course * Kennel, Commercial * Studio, Fine Arts 4. Industrial Uses Custom Manufacturing * Resource Extraction * 5. Miscellaneous Uses Broadcasting Tower * Outdoor Gatherings * 3 AR District Regulations (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 42694-12, § 7, 4- 26-94; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811- 1, § 1, 3-8-11, Ord. No. 111213-15, § 1, 11-12-13, Ord. No. 062816-4, § 1, 6-28-16, Ord. No. 082818-8, § 1, 8-28-18) Sec. 30-34-3. 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) b. Frontage: 110 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 30,000 square feet b. Frontage: 100 feet on a publicly owned and maintained street. 3. Lots served by both public sewer and water: a. Area: 25,000 square feet b. Frontage: 90 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 15 feet b. Accessory structures: 15 feet behind front building line or 10 feet behind rear building line. 4 AR District Regulations 3. Rear yard: a. Principal structures: 25 feet b. Accessory structures: 10 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. 5. Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 20 feet from any side property line. (C) Maximum height of structures. 1. All structures: 45 feet (D) Maximum coverage. 1. Building coverage: 25 percent of the total lot area. 2. Lot coverage: 50 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93, Ord. No. 111213-15, § 1, 11-12-13) 5 Use & Design Standards Miscellaneous Uses Sec. 30-87-2. Broadcasting Tower. (A) Intent: The intent of these provisions is to regulate the placement of new and replacement broadcasting towers within Roanoke County. These provisions provide broadcasting tower applicants, property owners, and all other Roanoke County citizens clear guidance on the official policies and standards of the County. These policies and standards shall be used by applicants as a guide when selecting alternative broadcasting tower sites and broadcasting tower designs within the county. In addition, the county staff, planning commission and board of supervisors shall use these policies and standards, the Roanoke County community plan and the general special use permit criteria found in section 30-19 as a guide for evaluating any future requests for broadcasting towers. In the interest of preserving and enhancing the scenic and natural beauty of Roanoke County it is the goal of the county to achieve a long term reduction in the number of broadcasting towers within the county, and where possible, to achieve a reduction in the height of existing broadcasting towers throughout the county, with special emphasis on towers located along or near the ridgetops of major mountains and land forms. In addition, it is the goal of the county, where possible, to achieve the relocation of existing broadcasting towers and associated utility and access corridors which have a high visual impact on scenic resources. To this end, the county will work cooperatively with broadcasting tower owners and applicants and land owners to achieve these goals. It is the official policy of the county to encourage and promote the collocation of antennas on existing public and private structures within the county. To achieve this end, the county encourages all wireless communication providers to locate new antennas on existing structures. Permits for new broadcasting towers should only be requested when no other reasonable alternative exists for locating needed antennas. When new broadcasting towers are proposed as a last alternative, the requested broadcasting tower location, height and design should be chosen to protect and enhance the scenic and natural beauty of Roanoke County. Broadcasting tower locations at elevations lower than surrounding ridge lines are preferred. The use of stealth designs should be considered for any new broadcasting tower. It is the intent of the county to fully comply with all of the applicable provisions of the federal Telecommunications Act of 1996 and other applicable federal and state laws as said laws address and preserve Roanoke County's zoning authority and provide to the communication industry the right and responsibility to provide communication services within their service areas. (B) Applicability: 1. These standards shall apply to all new and replacement broadcasting towers within Roanoke County with the exception that new and replacement 1 Use & Design Standards Miscellaneous Uses broadcasting towers and associated antenna not exceeding thirty (30) feet in height and located within any commercial or industrial zoning district shall be permitted by right provided: a. The proposed tower is a monopole type design; b. The general area of the proposed tower is currently served by above ground utilities including electric power and telephone poles; and c. All other use and design standards for the construction of the broadcasting tower and associated facilities are met. 2. No modification to increase the height, size, type or location of any existing broadcasting tower or associated facilities, excluding antennas, shall be made unless such modification results in the full compliance of the broadcasting tower and facilities with all of the requirements of this ordinance. 3. Antennas may be installed on any existing structure within the county, without the necessity of obtaining a special use permit, provided said antenna does not meet the definition of a broadcasting tower, does not increase the height of the existing structure more than ten (10) feet, and does not result in the structure and antenna exceeding the maximum structure height for that zoning district. 4. These provisions shall not apply to any temporary broadcasting tower erected for the purpose of system design or testing provided the temporary broadcasting tower is erected for a period not to exceed twenty-one (21) days. In addition, in declared local emergency situations, the county administrator shall be authorized to allow the temporary installation of a broadcasting tower for the duration of the local emergency. A zoning permit pursuant to section 30-9 of this ordinance shall be applied for and approved prior to erecting any temporary or emergency tower. (C) Application requirements: 1. All potential applicants for broadcasting towers shall consult with county planning staff at least thirty (30) days prior to submitting an application for a proposed broadcasting tower. During this consultation the applicant shall present information to the staff on system objectives, proposed coverage areas, and alternative sites considered and rejected. The staff shall provide the potential applicant information on Roanoke County policies and standards for broadcasting towers, and shall discuss with the applicant possible alternatives to broadcasting tower construction. 2. In addition to the application requirements contained in section 30-19-2 of this ordinance, all applicants for broadcasting towers shall provide the following at the time of application: 2 Use & Design Standards Miscellaneous Uses a. The location of all other proposed broadcasting tower sites considered and rejected, and the specific technical, legal or other reasons for the rejection. b. The location of all other possible collocation sites considered and rejected, and the specific technical, legal or other reasons for the rejection. c. Accurate, to scale, photographic simulations showing the relationship of the proposed broadcasting tower and associated antenna to the surroundings. Photographic simulations shall also be prepared showing the relationship of any new or modified road, access or utility corridors constructed or modified to serve the proposed broadcasting tower site. The number of simulations and the perspectives from which they are prepared, shall be established with the staff at the consultation required in section C.1. above. d. A computerized terrain analysis showing the visibility of the proposed broadcasting tower and antenna at the requested height and location. If new or modified road, access or utility corridors are proposed, the terrain analysis shall also show the visibility of these new or modified features. e. Information on how the proposed site relates to the applicants existing communication system, including number of other sites within the Roanoke Valley, and the location of the antenna at each site. f. All broadcasting tower applicants shall be required, at their expense to conduct an on-site "balloon" or comparable test prior to the planning commission and board of supervisors hearings on the special use permit. The purpose of this test shall be to demonstrate the potential visual impact of the proposed tower. The dates and periods of these tests shall be established with the applicant at the pre-application consultation. g. Written verification that all required submittals to the FAA as required by section 30-87-2(D)6 of this ordinance have been submitted. 3. The applicant shall be responsible for all fees associated with the filing of the application including the reasonable cost of any independent analysis deemed necessary by the county to verify the need for the new broadcasting tower. The board of supervisors shall establish these fees, which shall be discussed with the applicant at the pre-application conference. (D) General standards: 1. The maximum height of any proposed broadcasting tower and associated antenna shall be made as a condition of the special use permit, but in no case shall any broadcasting tower and antenna exceed one hundred ninety-nine (199) feet in 3 Use & Design Standards Miscellaneous Uses height. Applicants shall request the lowest broadcasting tower and antenna height necessary to accomplish their specific communication objectives. 2. The setback for any proposed broadcasting tower shall, at a minimum, conform to the requirements for principal structures for the proposed zoning district. However, in no case shall the minimum setback from the base of the broadcasting tower to any residential structure on an adjoining lot be less than forty (40) percent of the height of the tower, measured from the closest structural member of the broadcasting tower (excluding guy lines). Guy lines shall be exempt from the minimum setback requirements in side and rear yards for the respective zoning district, but shall comply with the setback requirements for the front yard. 3. The minimum setback from any property line abutting a road right-of-way for any other building or structure associated with a broadcasting tower shall be fifty (50) feet. Such buildings or structures shall be located a minimum of twenty-five (25) feet from any other property line. 4. More than one (1) broadcasting tower shall be permitted on a lot provided all applicable requirements have been met including setback requirements. 5. Broadcasting towers shall not be illuminated with any type of lighting apparatus, unless such lighting is a requirement of the FAA or FCC. When lighting is proposed to conform to federal requirement, the county shall contact the federal agency to verify the necessity of lighting, and to determine the minimal amount and type of lighting necessary to comply with federal guidelines. Security lighting, or a "down lighting" design may be installed on buildings and structures associated with a broadcasting tower. In no case shall any lighting violate section 30-94 of this ordinance. 6. Any proposed broadcasting tower within two (2) miles from any general or commercial airport or located at a ground elevation at or above two thousand (2,000) feet, average mean sea level, shall be referred to the appropriate regional office of the FAA for review and comment prior to filing an application for a special use permit. 7. All broadcasting towers shall comply with any additional requirements established in the airport overlay district in section 30-72 of this ordinance, and the emergency communications overlay district in section 30-73 8. Any broadcasting tower approved shall be structurally designed to carry sufficient loading, and the site approved shall be sized to accommodate the additional equipment necessary for at least three (3) other vendors/providers of communications services in order to minimize the proliferation of new broadcasting towers in the vicinity of the requested site. In addition, by applying and being granted the special use permit, the applicant and the owner of the land agree to make the broadcasting tower and tower site available for additional leases 4 Use & Design Standards Miscellaneous Uses within the structural capacity of the broadcasting tower and at reasonable costs adequate to recover the capital, operating and maintenance costs of the broadcasting tower location required for the additional capacity. 9. A monopole broadcasting tower design is recommended. The board may approve an alternative broadcasting tower design if it finds that an alternative type of structure has less of a visual impact on the surrounding community and Roanoke County, and/or based upon accepted technical and engineering data a monopole design is not technically feasible. Cost shall not be a criteria for determining broadcasting tower design. 10. No broadcasting towers shall be permitted within the critical viewsheds of the Blue Ridge Parkway or Appalachian Trail as shown on any official map designating these viewsheds and pre-approved by the board of supervisors. In addition, no towers shall be proposed within any other designated area of local scenic, historical, ecological and cultural importance as designated and approved by the board of supervisors prior to the filing of a tower application. 11. By applying and being granted the special use permit, the applicant and the owner of the land agree to dismantle and remove the broadcasting tower and associated facilities from the site within ninety days of the broadcasting tower no longer being use for wireless communications. Dismantling and removal from the site shall only be required after notice by the County. If antennas on any approved tower are relocated to a lower elevation, the tower shall be shortened to the height of the highest antenna. A bond or similar performance guarantee may be required as part of the special use permit approval. Said guarantee will be in an amount sufficient to ensure removal of the tower and all associated facilities and the reclamation of the property and road, access and utility corridors to a condition that existed prior to tower construction. 12. All broadcasting tower structures and associated hardware, antennas, and facilities shall be a flat matted finish so as to reduce visibility and light reflection unless otherwise required by the FCC or FAA. 13. No business signs shall be allowed on the property identifying the name of, or services offered by, any business associated with the broadcasting tower. (E) General review policies: All special use permit requests for new broadcasting towers, including the replacement or modification of existing broadcasting towers shall be reviewed by the staff, planning commission and board of supervisors on the basis of the following criteria: 1. The extent to which the broadcasting tower proposal conforms to the general special use permit criteria in section 30-19 of this ordinance, and the intent, application requirements, and general standards for broadcasting towers found in 5 Use & Design Standards Miscellaneous Uses these provisions. 2. The demonstrated willingness of the applicant to evaluate collocation opportunities within the proposed communication service area, and the demonstrated history of the applicant choosing collocation sites within the Roanoke Valley. 3. The base and top elevation of the proposed broadcasting tower relative to surrounding natural land forms. Notwithstanding any other provision of this section, broadcasting tower locations below surrounding ridge lines are preferred. 4. Broadcasting tower locations already served by existing roads and utilities are preferred due to the potential detrimental environmental and visual impacts resulting from the construction of new road and utility corridors. 5. Within the needed service area, the availability of other existing structures that are, based upon independent analysis, of suitable height, design, and location for the needed antenna. 6. The visibility of the broadcasting tower from the surrounding community and neighborhood compatibility of the tower as determined by the submitted computer simulations, terrain analysis and balloon or comparable test. 7. The degree to which the proposed tower location, site design and facilities including fencing, buildings and other ground mounted equipment and new or modified road, access or utility corridors are located, designed and constructed to be compatible with the neighborhood. (Ord. No. 82493-8, § 4, 8-24-93; Ord. No. 102798-12, § 1, 10-27-98) 6 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. Notes: Virtual "Stonebridge Park Town Hall Meeting" hosted by Milestone Communications via Zoom. Oct. 21, 2020 6:30 p.m. There were 4 speakers introduced by voice only. There were slides being presented, but no video of the people hosting the meeting or the attendees. There was no way to tell how many people were in attendance, or who they were. Someone presented slides of the photo simulations of the balloon test, then opened it up for Q&A. The audience could ask questions by clicking on the “raise your hand” icon. Chris Herald (Milestone) controlled the Q&A. When someone rose their hand Chris would unmute them and we could hear them ask a question and discuss Chris’s answer. Chris deferred some of the questions to other presenters. Chris referred to the website that Milestone has for the Stonebridge Park tower proposal. He said the link was in the email we received to sign up for the meeting. However, I tried to access it the next day and it did not work. The coverage map that included in the application only shows Shentel’s coverage. Therefore, the areas that appear to be big gaps in cell coverage are only Shentel’s gaps, they do not show whether other carriers cover those areas. The first simulated photo that was shown on the slides – looking at the tower from Swan Drive – does not show the compound and fencing around the tower. Q&A: Q by resident, A by Milestone representatives Q. Matt – The request is to rezone the entire park, why? Are you going to remove the whole park? A. There are proffered conditions that ensure that only two uses can occur in the park: the tower use and parks and recreation uses. Q. Shentel does not offer services in Roanoke County or Vinton. We can’t use it here, why put a tower here if they don’t offer services here? A. Sprint and T-mobile operate through Shentel equipment. Q. Hope – If we use other carriers, we are only getting an eyesore and no benefit. A. That’s right. But there will be space for more tenants on the tower. Q. How much will this disrupt the greenway, and how much disruption will be caused by the construction? A. The application is being reviewed by Roanoke County’s Environmental Department and the County Arborist. It will take 4 weeks to construct, and then the disruption will be over. Q. Gretchen – 3224 Robindale Rd. This tower is literally in my back yard. This will devalue our property and be an eyesore and you can’t tell me it won’t. Even the schools turned you down because they didn’t want it. A. This site was chosen because the school board refused to put it on school property, and the County was interested in putting it on this property. Q. I want to meet face to face, I don’t like that I can’t see anyone. Will there be an opportunity to meet face to face? A. Yes, there are 2 public hearings. I encourage you to come to the public hearings. Q. I’ll be there. I have lived in Stonebridge since 1988, and in this house for 15 years. I don’t want you here. Gretchen explained how many people use the park, how busy it is, that people of all ages use it, and it’s busy all the time. You’ll destroy the whole area once you’re in. A. We won’t affect the use of the park. Q. Do you want this in your back yard? A. Actually, I know I’m biased, but I like living where I know I have reliable coverage. Q. Danielle – Have you done any research on health implications of towers and 5G technology? A. At this time the structure will be 4G. CTIA studies refute studies about health problems caused by communications towers. There is a lot of misinformation about health issues. Q. What will the affect be on the creek and the natural environment? A. The application will be reviewed by (he listed) organizations. Q. Megan – What is the benefit? A. Public Safety and wireless service and monetary gains to Roanoke County. Q. James – I’ve done research myself and these towers are shown to cause neural health problems. A. Many of the studies out there have been debunked by the FDA. Q. Barbara – question about the height of the tower in the photos that were shown. A. Those photos are simulations. Q. Hope – Does the tower have to be this tall? Why don’t you disguise it? In some places they build them to look like trees. A. The tower needs to be this tall to get the signal over the trees. The tower is too tall to actually look like a tree, it would look awkward and fake sticking up that high. We could explore painting it brown. Q. What is the impact on property values? A. Repeated that he is biased and doesn’t think it would reduce property values. Q. (missed name) -Is this all there is? What else will happen in the park once it is rezoned and this is allowed? A. The rezoning would limit the property to tower and parks and recreational uses only. There won’t be a proliferation of towers because the County encourages colocation. Q. Howard – What is the incentive to Roanoke County? A. We have a contract that is public information, so I can tell you. We will pay Roanoke County 40% of the revenue from Shentel, we will pay the County $29,000 for site access, and we will pay more for any additional carriers on the tower. Roanoke County can also put public safety equipment on the tower. Q. It’s an eyesore, there is nobenefit and I don’t want it. Q. David – how was the site chosen? The zoning ordinance is there to protect us, why would they change the zoning? Why not put it somewhere else where it’s already allowed? A. Shentel shows a need for coverage in this area, if we put it somewhere else it’ll be too far away. The tower covers a one mile radius. We don’t want to put it farther from the school and people who will use it. Also, Shentel always improves existing sites and looks for colocation before looking for new sites. Q. I object and want the (current) zoning preserved. You’re telling me it’s the county’s decision and they want it here, so I thank you for your information and I’ll take my fight to the County. Q. Morgan – Why isn’t this 5G? If you’re putting in a new tower why not put in new technology? A. 5G is coming, but it’s not here yet. It takes a long time to transition from 4G to 5G, so 4G is not going away soon. Q. Please clarify the proffer. A. There is a condition to allow broadcast towers and parks andrecreation uses only. Q. Will this information be public before the pubic hearing? A. Yes, everything will be in the staff report. Q. This will reduce property values and shentel doesn’t have coverage here now. A. I think it improves value, but I admit I’m biased and don’t have any proof. Q. James – The American Cancer Society has stated that more research is needed to see if there are health implications from this technology. A. The American Cancer Society has said that there is no proof that the technology causes health problems or cancer. Q. Heather – Will 5G cause cancer? A. The American Cancer Society states that the use of cell phones and towers have not raised concerns (he read from a document). Q. Barbara – What are the public safety improvements you spoke about? A. 80% of the 911 calls in this area are made from wireless devices. The tower will increase coverage for those devices. Also, there is space on the tower for Roanoke County to use for public safety if they want to. Q. Megan – Can you guarantee that there won’t be any future rezonings on this property? A. Actually, I can all but guarantee it. The Special Use Permit conditions will limit the use to broadcast towers and parks & rec uses. It’s very unlikely it would be rezoned, and the zoning ordinance wouldn’t allow it. Q. Heather – find another location, we don’t want it here A. We worked with the county parks, recreation and tourism department and other County officials and this is the site they want. Q. Will this meeting be recorded and accessible after tonight? A. Yes, it will be available on our website. Q. Amber – Why did the school turn it down? A. The school board didn’t want it on the school property. Cecile Newcomb From:Philip Thompson To:Susan McCoy; Rebecca James; Cecile Newcomb Date:10/19/2020 11:21 AM Subject:Fwd: \[EXTERNAL\] - Stonebridge Park Cecile Newcomb From:Philip Thompson To:Susan McCoy; Rebecca James; Cecile Newcomb Date:10/19/2020 11:23 AM Subject:Fwd: \[EXTERNAL\] - Debbie Adams, Vinton Messenger, Stonebridge Park cell tower Concerns and questions received by phone Patricia Steahly – lives in the neighborhood. Wanted clarification on exactly what property is being considered for rezoning. Wanted clarification about the future land use, what it means, whether it is meant to protect the current neighborhood development pattern. Wanted clarification about whether the park will remain or not. Many calls about whether the park is being removed. Confusion about why the entire park is being rezoned. Citizen Comments Received After Planning Commission Packet Posted and Before Planning Commission Public Hearing October 30, 2020 Dear Members of Planning Commission: Roanoke County Zoning Ordinance states in Section 30-87-2. – Broadcasting Tower. (A): “In the interest of preserving and enhancing the scenic and natural beauty of Roanoke County it is the goal of the county to achieve a long term reduction in the number of broadcasting 1 towers within the county...” (emphasis added) Is this need to achieve the desired wireless coverage truly in response to public demand? And if so, is there any survey of the local populace that shows local residents are asking for this tower to be built? Rezoning the park area to address the land-use compatibility does not eliminate cultural and environmental health concerns regarding the erection of the proposed FCC tower.The tower will be designed to accommodate up to four carriers. Who will overseeadherence to FCC regulations and limits? For example, Dr. Moskowitz points out that theFCC adopted their limits based largely on research from the 1980s. Since then more than 500 studies have found harmful biologic or health effects from exposure to radio frequency radiation at intensities too low to cause 2 significant heating (taking into account not only frequency but also pulsing, polarization, etc.). More than 240 internationally recognized and published EMF scientists assertedthat “numerous recent scientific publications have shown that EMF affects living organisms at levels well below most international and national guidelines. Effects include increased cancer risk, cellular stress, increase in harmful free radicals, genetic damage, structural and functional changes of the reproductive system, learning and memory deficits, neurological disorders, and negative impacts on general well-being in humans. Damage goes well beyond the human race, 3 as there is growing evidence of harmful effects to both plant and animal life.” 1 https://library.municode.com/va/roanoke_county/codes/code_of_ordinances?nodeId=PTICOCO_APXAZOOR_ART IVUSDEST_S30-87-2BRTO 2 https://blogs.scientificamerican.com/observations/we-have-no-reason-to-believe-5g-is-safe/ Joel M. Moskowitz, PhD, is director of the Center for Family and Community Health in the School of Public Health at the University of California, Berkeley. He has been translating and disseminating the research on wireless radiation health effects since 2009. He is also an advisor to theInternational EMF Scientist AppealandPhysicians for Safe Technology. 3 https://emfscientist.org/index.php/emf-scientist-appeal We recently moved to the area and live within a mile of the proposed tower location. Stonebridge Park is an essential part of our family’s everyday life, and I am sureof many others. The park is a lovely mix of playground, greenway, and natural amenities. The rural nature of the park makes it attractive to residents and is one of the few parks in the area that does not have an intrusion of some sort of infrastructure, be it roads, power lines, or heavily trafficked areas. It is a place where one can go and enjoy a natural setting. We would love for it to be “upgraded”but not by rezoningit and by adding a fenced wirelesstower, especially while we are, according to the National Toxicology Program, still “having limited knowledge about \[radio 4 frequency radiation’s\] potential health effects from long-term exposure”. As the health of the community was accepted as a validreasonlast year when the tower agreement was canceled by the Roanoke County School Board, proposing it to be relocated a mere quarter ofa mile away does not diminish the expressed health concerns. Thank you, Maria and Chris Robertson 1517 Bush Farm Dr. Vinton, VA 24179 4 https://ntp.niehs.nih.gov/whatwestudy/topics/cellphones/index.html first Esther Foster Portfolio Management Coordinator | Real Estate Department The Best Part Toastmasters | Co-Vice President, Education WIMN | Pillar Lead, Activities & Events T: 540-561-1712 | F: 540-561-3429 Advance Auto Parts | 5008 Airport Rd | Roanoke, VA 24012 Information and Comments Provided During Planning Commission Public Hearing Photographs Provided by Milestone Communications ROANOKE COUNTY OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800 Roanoke, Virginia 24018-0798 Peter S. Lubeck TEL: (540) 772-2071 Mary Beth Nash COUNTY ATTORNEY FAX: (540) 772-2089 Rachel W. Lower Marta J. Anderson SENIOR ASSISTANT COUNTY ATTORNEYS SAMPLE MOTIONS The petition of Milestone Tower Limited Partnership IV to rezone approximately 9.55 acres from R-1 (Low Density Residential) District to AR (Agricultural/Residential) District, and to obtain a special use permit for a broadcasting tower (cell tower) approximately 137 feet in height, located at 420 Swan Drive, Vinton Magisterial District. MOTION TO APPROVE I find that the proposed rezoning request: 1. Is co plan and good zoning practice, and 2. Will not result in a substantial detriment to the community. I therefore MOVE TO APPROVE the rezoning request as it has been requested. Further, I find that the proposed special use permit: 1. Meets the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special use conforms with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance; 2. Will allow for the continued use of the property as a recreational park, which is a designation of Neighborhood Conservation; and 3. Will have a minimum adverse impact on the surrounding neighborhood and community. I therefore MOVE TO APPROVE the petition to obtain a special use permit, with the following conditions as recommended by County staff: 1. The site shall be developed in substantial conformance with the conceptual site plan prepared by Entrex Communication Services, Inc. and dated September 8, 2020, subject to any changes from special use permit conditions or required during the site plan review process. 2. Only one broadcasting tower shall be constructed on site. The maximum height of the broadcasting tower shall not exceed 137 feet in height. The broadcasting tower shall be galvanized, gray, or brown in color. 3. Fencing around the lease area shall be chain link or wood as approved by the County. A row of large evergreen tress shall be planted along the outside of the fenced compound to screen it from public view. If any trees are cut down or removed during construction of the broadcasting tower the applicant shall replant the same number of trees in the park at locations approved by County staff. The planting of new trees shall be warranted for 12 months. 4. The broadcast tower shall not impact nor create any barriers to recreational amenities (trails, parking, playgrounds, athletic fields, etc.). Construction of the broadcast tower shall not alter the flow of stormwater in the park to impede any recreational amenity. MOTION TO DENY I find that the proposed rezoning request: 1. plan and good zoning practice, or 2. Will result in a substantial detriment to the community. I further find, based upon substantial evidence contained in the written record, that the proposed special use permit request: 1. Does not meet the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special use fails to conform with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance; 2. Is not in conformance with the Roanoke County Comprehensive Plan; or 3. Will have more than a minimum adverse impact on the surrounding neighborhood and community. I therefore MOVE TO DENY the request. MOTION TO DELAY ACTION I find that the required information for the submitted proposal is incomplete. I therefore MOVE TO DELAY action until additional necessary materials are submitted to the Board of Supervisors. OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800 Roanoke, Virginia 24018-0798 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 17, 2020 ORDINANCE REZONING APPROXIMATELY 9.55 ACRES FROM R-1 (LOW DENSITY RESIDENTIAL) DISTRICT TO AR (AGRICULTURAL/RESIDENTIAL) DISTRICT, AND TO OBTAIN A SPECIAL USE PERMIT FOR A BROADCASTING TOWER (CELL TOWER) APPROXIMATELY 137 FEET IN HEIGHT, LOCATED AT 420 SWAN DRIVE (TAX MAP NO. 061.02-01-51.00-0000), VINTON MAGISTERIAL DISTRICT. WHEREAS, Milestone Tower Limited Partnership IV is requesting to rezone approximately 9.55 acres from R-1 (Low Density Residential) District to AR (Agricultural/Residential) District, and to obtain a special use permit for a broadcasting tower (cell tower) approximately 137 feet in height, located at 420 Swan Drive, in the Vinton Magisterial District; and WHEREAS, the subject property is owned by the Board of Supervisors of Roanoke County, Virginia, which authorized the applicant to submit the application for a rezoning and a special use permit on August 11, 2020, pursuant to Resolution 081120-1; and WHEREAS, the first reading of this ordinance was held on October 20, 2020, and the second reading and public hearing were held on November 17, 2020; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 2, 2020; and WHEREAS, the Planning Commission recommends approval of the petition for rezoning, and recommends approval of the special use permit (with conditions); and WHEREAS, legal notice and advertisement has been provided as required by law. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 3 1. The petition of Milestone Tower Limited Partnership IV to rezone approximately 9.55 acres (Tax Map No. 061.02-01-51.00-0000) from R-1 (Low Density Residential) District to AR (Agricultural/Residential) District, is approved. 2. The Board finds that the proposed rezoning is consistent with the purpose and will not result in a substantial detriment to the community. 3. The petition of Milestone Tower Limited Partnership IV to obtain a special use permit for a broadcast tower on approximately 9.55 acres (Tax Map No. 061.02-01-51.00-0000) is approved with the following conditions: a. The site shall be developed in substantial conformance with the conceptual site plan prepared by Entrex Communication Services, Inc. and dated September 8, 2020, subject to any changes from special use permit conditions or required during the site plan review process. b. Only one broadcasting tower shall be constructed on site. The maximum height of the broadcasting tower shall not exceed 137 feet in height. The broadcasting tower shall be galvanized, gray, or brown in color. c. Fencing around the lease area shall be chain link or wood as approved by the County. A row of large evergreen tress shall be planted along the outside of the fenced compound to screen it from public view. If any trees are cut down or removed during construction Page 2 of 3 of the broadcasting tower the applicant shall replant the same number of trees in the park at locations approved by County staff. The planting of new trees shall be warranted for 12 months. d. The broadcast tower shall not impact nor create any barriers to recreational amenities (trails, parking, playgrounds, athletic fields, etc.). Construction of the broadcast tower shall not alter the flow of stormwater in the park to impede any recreational amenity. 4. The Board finds that the proposed special use permit meets the requirements of Section 30-19-1 of the Roanoke County Code. 5. The Board finds that the proposed special use conforms with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance. 6. The Board finds that the proposed special use will allow for the continued use of the property as a recreational park, which is a use consistent with the Neighborhood Conservation. 7. The Board finds that the proposed special use will have a minimum adverse impact on the surrounding neighborhood and community. 8. This ordinance shall be in full force and effect thirty (30) days after its final passage. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 3 of 3