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HomeMy WebLinkAbout2/9/2021 - RegularINVOCATION: Roanoke County Board of Supervisors February 9, 2021 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 February 9, 2021 Good afternoon and welcome to our meeting for February 9, 2021. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. 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://roanokecountvva.gov (and accessed by clicking on the "Watch Board Meetings Online" button). Prior to and during meetings, citizens may share comments by email (to djacks@roanokecountvva.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. NEW BUSINESS 1. Resolutions supporting Traffic Calming Plan Pilot Projects proposed for Meadowlark Road and Canter Drive, Cave Spring and Windsor Hills Magisterial Districts (Megan Cronise, Transportation Planning Administrator) 2. Resolution supporting the Commonwealth Transportation Board Staff Recommended SMART SCALE Funding Scenario including applications submitted by Roanoke County, the Roanoke Valley Transportation Planning Organization and the City of Roanoke (Megan Cronise, Transportation Planning Administrator) D. FIRST READING OF ORDINANCES 1. Emergency ordinance readopting Ordinance 033120-1 to effectuate temporary changes in certain deadline and to modify public meeting and public hearing practices and procedures to address continuity of operations associated with pandemic disaster (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) (Peter S. Lubeck, County Attorney) 2. Ordinance amending the Roanoke County Code to create the County of Roanoke Towing Advisory Board, and accompanying resolution appointing representatives to the Towing Advisory Board (Rachel Lower, Senior Assistant County Attorney) 3. Ordinance amending the fiscal year 2020-2021 budget for the General Operating Revenues and Expenditures by $4,102,054, appropriating $1,681,342 to the Roanoke County School Board and appropriating $2,420,712 to the County's Capital Fund (Laurie Gearheart, Director of Finance and Management Services) E. SECOND READING OF ORDINANCES 1. Ordinance approving a permanent easement to Roanoke Gas Company on parcel owned by Roanoke County Board of Supervisors (Tax Map Number 036.03-01-01.00-0000) for the development of the Stormwater Operations Building at the Public Service Center (Doug Blount, Director of General Services and Parks, Recreation and Tourism) 2. Ordinance authorizing the acquisition of permanent and temporary easements on parcels owned by the Roanoke Valley Resource Authority (Tax Map Parcel Numbers 080.00-05-02.01-0000, 080.00-05-03.00-0000, and 080.00-05-04.00- 0000) for development of the Roanoke River Greenway in the Vinton Magisterial District (Lindsay Webb, Parks, Planning and Development Manager) Page 3 of 5 3. Ordinance authorizing the acquisition of permanent and temporary easements at Explore Park owned by the Virginia Recreational Facilities Authority (Tax Map Parcel Number 080.00-05-24.00-0000) for development of the Roanoke River Greenway in the Vinton Magisterial District (Lindsay Webb, Parks, Planning and Development Manager) F. PUBLIC HEARING AND SECOND READING OR ORDINANCES 1. Ordinance amending Article I (General Provisions), Article II, (Definitions and Use Types), Article III (District Regulations), Article IV (Use and Design Standards) and Article V (Development Standards) of the Roanoke County Zoning Ordinance (Philip Thompson, Director of Planning) 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 — December 15, 2020 I. CITIZENS' COMMENTS AND COMMUNICATIONS J. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves 2. Outstanding Debt Report K. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Phil C. North 2. David F. Radford 3. Martha B. Hooker 4. Paul M. Mahoney 5. P. Jason Peters Page 4 of 5 L. WORK SESSIONS 1. Work session to review with the Board of Supervisors fiscal year 2021-2022 projected General Government Fund operating budget revenues and review updates to the County of Roanoke Fee Compendium (Steve Elliott, Budget Manager and Laurie Gearheart, Director of Finance and Management Services) 2. Work session to finalize calendar year 2021 Board of Supervisor Goals (Daniel R. O'Donnell, County Administrator) M. 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: February 9, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Resolutions supporting Traffic Calming Plan Pilot Projects proposed for Meadowlark Road and Canter Drive, Cave Spring and Windsor Hills Magisterial Districts Megan Cronise Transportation Planning Administrator Daniel R. O'Donnell County Administrator County staff frequently receive neighborhood speeding complaints. The primary ways to address speeding are through enforcement efforts and/or through traffic calming measures. Two traffic calming pilot projects are proposed to slow vehicle speeds in the Penn Forest and Canterbury neighborhoods. BACKGROUND: Meadowlark Road in the Penn Forest neighborhood and Canter Drive in the Canterbury neighborhood have been the source of many speeding complaints over several years. Police Department speed studies have routinely shown 85th percentile speeds of seven miles per hour and greater over the posted 25 mile per hour speed limit in both neighborhoods. In 2016, a pilot project was proposed to install enhanced fine speed zone signs on both roads, modeled after a Henrico County traffic calming program. The Board of Supervisors decided not to pursue this course of action. In 2019, staff recommended utilizing VDOT's 2018 Traffic Calming Guide for Neighborhood Streets to identify a different traffic calming measure, such as installing speed boards, for these streets. The Board of Supervisors agreed with this recommendation. Page 1 of 2 In 2019 and 2020, County Administration, Police and Planning staff collaborated with VDOT to follow the identified steps in the Guide to develop a plan and to obtain neighborhood feedback on the proposed projects to install speed boards for a period of one year. Surveys conducted in late 2020 indicated support for installation of back-to- back speed boards in both locations. Survey results are as follows: Meadowlark Road - 93 surveys were completed out of 311 possible total surveys for a 30 percent response rate - Households in favor: 91 (98 percent of completed surveys) - Households opposed: 2 (2 percent of completed surveys) Canter Drive - 110 surveys were completed out of 315 possible total surveys for a 35 percent response rate - Households in favor: 91 (83 percent of completed surveys) - Households opposed: 19 (17 percent of completed surveys) DISCUSSION: The next step in the process is obtaining resolutions of support from the Board of Supervisors. If approved, these resolutions will be forwarded to VDOT as part of Land Use Permit applications to request permission to install the speed boards in the public right-of-way. FISCAL IMPACT: Purchasing, installing and maintaining the speed boards is estimated at approximately $35,000. This project will be funded from non -departmental general funds. STAFF RECOMMENDATION: Staff recommends adoption of the resolutions. 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, FEBRUARY 9, 2021 RESOLUTION SUPPORTING A TRAFFIC CALMING PLAN PILOT PROJECT PROPOSED FOR MEADOWLARK ROAD, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, County staff receives frequent complaints about vehicle speeds on Meadowlark Road; and WHEREAS, Police Department speed surveys have determined that 85th percentile vehicle speeds are seven miles or more above the posted speed limit; and WHEREAS, the Virginia Department of Transportation (VDOT) Traffic Calming Guide for Neighborhood Streets (2018) outlines a process for conducting traffic calming activities; and WHEREAS, the proposed Traffic Calming Plan for Meadowlark Road was properly presented to the community in the affected survey area for their review and consideration; and WHEREAS, the Traffic Calming Plan survey was completed by 30 percent of households located in the survey area, with 98 percent of responding households in favor of the Plan; and WHEREAS, the Pilot Project will conclude one year from the date that the speed boards are installed and operating; and WHEREAS, local funding has been identified to implement the Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That the Board of Supervisors hereby supports the Traffic Calming Plan Pilot Project proposed for Meadowlark Road. 2. That the Clerk to the Board forthwith send a certified copy of this Resolution to the VDOT Salem Residency. 3. That this resolution is effective immediately. 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, FEBRUARY 9, 2021 RESOLUTION SUPPORTING A TRAFFIC CALMING PLAN PILOT PROJECT PROPOSED FOR CANTER DRIVE, WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, County staff receives frequent complaints about vehicle speeds on Canter Drive; and WHEREAS, Police Department speed surveys have determined that 85th percentile vehicle speeds are ten miles or more above the posted speed limit; and WHEREAS, the Virginia Department of Transportation (VDOT) Traffic Calming Guide for Neighborhood Streets (2018) outlines a process for conducting traffic calming activities; and WHEREAS, the proposed Traffic Calming Plan for Canter Drive was properly presented to the community in the affected survey area for their review and consideration; and WHEREAS, the Traffic Calming Plan survey was completed by 35 percent of households located in the survey area, with 83 percent of responding households in favor of the Plan; and WHEREAS, the Pilot Project will conclude one year from the date that the speed boards are installed and operating; and WHEREAS, local funding has been identified to implement the Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That the Board of Supervisors hereby supports the Traffic Calming Plan Pilot Project proposed for Canter Drive. 2. That the Clerk to the Board forthwith send a certified copy of this Resolution to the VDOT Salem Residency. 3. That this resolution is effective immediately. Page 2 of 2 Philip Thompson, DIRECTOR OF PLANNING November 9, 2020 ROANOKE COUNTY DEPARTMENT OF PLANNING 5204 Bernard Drive, Second Floor, P.O. Box 29800 Roanoke, Virginia 24018-0798 TEL: (540) 772-2068 FAX: (540) 776-7155 Dear Property Owner and/or Resident, PLANNING TRANSPORTATION ZONING Roanoke County has received many complaints regarding speeding in your neighborhood over the past few years. County staff have collaborated with the Virginia Department of Transportation (VDOT) to propose a pilot project to slow or to calm traffic, utilizing VDOT's Traffic Calming Guide for Neighborhood Streets (2018). The proposed pilot project would install two pole -mounted speed boards on Meadowlark Road, one in each direction, as indicated on the enclosed map with example speed board images on the back of this letter. The anticipated duration is one year from installation, at which time the results and the future of the pilot project will be considered. Please note that County staff have reached out to the affected property owner at 3804 Meadowlark Road about this project. The next step in the process is to determine community support. The enclosed maps show the Survey Area for the traffic calming project. Please indicate whether or not you support installation of speed boards using a brief Survey Monkey survey located at www.surveymonkey.comlrLmeadowlark. If you do not have access to the Internet, please call Isaac Henry, Transportation Planner, at (540) 772-2140 to answer the survey questions. Only one vote per household is allowed. More than 50 percent of occupied residences must support the traffic calming plan in order for it to move forward to the Board of Supervisors. Please respond to the survey by December 11, 2020. If you have questions please contact me by email at mcronise@roanokecountyva.gov or by phone at (540) 772-2106. Sincerely, Megan G. Cronise, AICP Transportation Planning Administrator Enclosures C: Hon. Paul Mahoney, Roanoke County Board of Supervisors, Cave Spring District Brian Blevins, P.E., Assistant Resident Engineer/Land Use, VDOT Salem Residency 5204 Bernard Drive, Second Floor, P.O. Box 29800 Roanoke, Virginia 24018-0798 TEL: (540) 772-2080 FAX: (540) 776-7155 Speed Board Examples: 39392839.03912 9041860 3852 3842 2758 2776 276.-2750 648 etif', 61 640. 94`O 37173711 3639'! 3723 3647 • 7373731 3785 3714 3757 3751 3736 3706) .3704 '+.3763 3706 3717 3710 3771 3752746. 3716 3723 3716 3758; 3722 3729 3722 ��,,�7 33:225: 735 3728! 27532745 x,11 728,3743 3734 +'T,q 2739 3732 .2733 3749 3742 9874 ,FOO .2725 719 3757 3748.. 3847 384 2611 ,,_3853 3852 2616 2623 3871 ��U77 3877 2615 3905 3, 608 3911 3917 3921 3908 2601 927 -3914 3933 3920• 39,93913 3939 392• 3945 393 972 393' 3944 Meadowlark Road Proposed Traffic Calming Plan Overview Map November 2020 0 250 500 Feet 1,000 Meadowlark Road Proposed Traffic Calming Plan Inset Map November 2020 0 25 50 Feet 100 Philip Thompson, DIRECTOR OF PLANNING November 9, 2020 ROANOKE COUNTY DEPARTMENT OF PLANNING 5204 Bernard Drive, Second Floor, P.O. Box 29800 Roanoke, Virginia 24018-0798 TEL: (540) 772-2068 FAX: (540) 776-7155 Dear Property Owner and/or Resident, PLANNING TRANSPORTATION ZONING Roanoke County has received many complaints regarding speeding in your neighborhood over the past few years. County staff have collaborated with the Virginia Department of Transportation (VDOT) to propose a pilot project to slow or to calm traffic, utilizing VDOT's Traffic Calming Guide for Neighborhood Streets (2018). The proposed pilot project would install two pole -mounted speed boards on Canter Drive, one in each direction, as indicated on the enclosed map with example speed board images on the back of this letter. The anticipated duration is one year from installation, at which time the results and the future of the pilot project will be considered. Please note that County staff have reached out to the affected property owner at 5235 Canter Drive about this project. The next step in the process is to determine community support. The enclosed maps show the Survey Area for the traffic calming project. Please indicate whether or not you support installation of speed boards using a brief Survey Monkey survey located at www.surveymonkey.com/r/CanterDr. If you do not have access to the internet, please call Will Crawford, Transportation Planner, at (540) 772-2094 to answer the survey questions. Only one vote per household is allowed. More than 50 percent of occupied residences must support the traffic calming plan in order for it to move forward to the Board of Supervisors. Please respond to the survey by December 11, 2020. if you have questions please contact me by email at mcronise@roanokecountyva.gov or by phone at (540) 772-2106. Sincerely, Megan G. Cronise, A1CP Transportation Planning Administrator Enclosures C: Hon. David Radford, Chairman, Roanoke County Board of Supervisors, Windsor Hills District Brian Blevins, P.E., Assistant Resident Engineer/Land Use, VDOT Salem Residency 5204 Bernard Drive, Second Floor, P.O. Box 29800 Roanoke, Virginia 24018-0798 TEL: (540) 772-2080 FAX: (540) 776-7155 Speed Board Examples: 0 z 0 0 • S=ill 0 cv N 0 O c V/ c • E U U 0 0 N /0 0 n) Ln W •E. t L c ^, W U 0 November 2020 Lo(N 0 c 0 0 0) c E 0 U 0 0 1 n0 W N /0 0 O L n� W 0 ` 5v W L W C3 H U c ACTION NO. ITEM NO. C.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 9, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Resolution supporting the Commonwealth Transportation Board Staff Recommended SMART SCALE Funding Scenario including applications submitted by Roanoke County, the Roanoke Valley Transportation Planning Organization and the City of Roanoke Megan Cronise Transportation Planning Administrator Daniel R. O'Donnell County Administrator The Commonwealth Transportation Board is currently considering the SMART SCALE staff recommended funding scenario which is anticipated to be adopted in June 2021 as part of the Virginia Department of Transportation Six -Year Improvement Program. BACKGROUND: Roanoke County submitted four project applications for SMART SCALE consideration in August 2020. Three of those projects are currently recommended for funding: - Valleypointe Parkway Realignment - Route 419 Streetscape Improvements, Phase 2 - Starkey Road/Buck Mountain Road Intersection Improvements The Roanoke Valley Transportation Planning Organization submitted two projects on behalf of Roanoke County that are also recommended for funding: - Route 460 at West Ruritan Road Intersection Improvements - Route 460 Intersections from Carson Road to Huntridge Road Three projects on Route 460/Orange Avenue submitted by the City of Roanoke are Page 1 of 2 recommended for funding: - Orange Avenue (Route 460) at Blue Hills Drive - Orange Avenue (Route 460) at King Street - Orange Avenue (Route 460) at Seibel Drive/Hickory Woods DISCUSSION: It is important for Roanoke County to express support for these projects to the Commonwealth Transportation Board. The attached resolution has been drafted to convey this message to Dr. Raymond Smoot, the Salem District Commonwealth Transportation Board member. FISCAL IMPACT: There is no fiscal impact associated with this item. SMART SCALE awards are 100 percent State and Federal funds with no County match required. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors adopt the resolution of support. 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, FEBRUARY 9, 2021 RESOLUTION SUPPORTING THE COMMONWEALTH TRANSPORTATION BOARD STAFF RECOMMENDED SMART SCALE FUNDING SCENARIO INCLUDING APPLICATIONS SUBMITTED BY ROANOKE COUNTY, THE ROANOKE VALLEY TRANSPORTATION PLANNING ORGANIZATION AND THE CITY OF ROANOKE WHEREAS, at a regular meeting on July 28, 2020, the Board of Supervisors adopted a resolution supporting proposed SMART SCALE project applications; and WHEREAS, that list of projects included applications to be submitted by Roanoke County, the Roanoke Valley Transportation Planning Organization, the Roanoke Valley - Alleghany Regional Commission and the City of Roanoke; and WHEREAS, the Board of Supervisors desires to continue to support both local and regional projects to mitigate congestion, promote economic development, increase accessibility, safety, and environmental quality, as well as develop projects consistent with local land use policies; and WHEREAS, the Board of Supervisors particularly desires to support all proposed SMART SCALE projects located on congested Route 460 (Orange Avenue and Challenger Avenue), a Corridor of Statewide Significance that has been the subject of two studies in the past three years: the U.S. 460 Arterial Preservation Program (APP) and the Strategically Targeted Affordable Roadway Solutions (STARS) Program; and WHEREAS, the Commonwealth Transportation Board (CTB) received the Staff Recommended SMART SCALE Funding Scenario at its January 19, 2021, meeting. Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors hereby supports recommended funding for the following Roanoke County SMART SCALE projects: a. Valleypointe Parkway Realignment b. Route 419 Streetscape Improvements, Phase 2 c. Starkey Road/Buck Mountain Road Intersection Improvements 2. That the Board of Supervisors hereby supports recommended funding for the following Roanoke Valley Transportation Planning Organization SMART SCALE projects: a. Route 460 at West Ruritan Road Intersection Improvements b. Route 460 Intersections from Carson Road to Huntridge Road 3. That the Board of Supervisors hereby supports recommended funding for the following City of Roanoke SMART SCALE projects: a. Orange Avenue (Route 460) at Blue Hills Drive b. Orange Avenue (Route 460) at King Street c. Orange Avenue (Route 460) at Seibel Drive/Hickory Woods 4. That the Clerk to the Board forthwith send a certified copy of this Resolution to Commonwealth Transportation Board member Dr. Ray Smoot, State Delegate Joseph McNamara, State Delegate Chris Head, State Senator David Suetterlein, State Senator John Edwards and State Senator Steve Newman. 5. That this resolution is effective immediately. Page 2 of 2 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: February 9, 2021 AGENDA ITEM: Emergency ordinance readopting Ordinance 033120-1 to effectuate temporary changes in certain deadline and to modify public meeting and public hearing practices and procedures to address continuity of operations associated with pandemic disaster (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) SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: The readoption of emergency Ordinance No. 033120-1, which must be readopted at least every 60 days in order to remain in effect. BACKGROUND: On March 31, 2020, the Board adopted Ordinance No. 033120-1, which effectuates temporary changes in certain deadlines and modifies public meeting and public hearing practices and procedures, to address continuity of operations associated with the COVID-19 pandemic disaster. The Board readopted the ordinance on May 26, 2020, July 14, 2020, September 8, 2020, November 4, 2020 and again on December 15, 2020. DISCUSSION: Pursuant to Section 15.2-1427, emergency ordinances must be readopted in order to remain in effect for more than 60 days. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact associated with this action. STAFF RECOMMENDATION: Due to the ongoing nature of the COVID-19 pandemic, it is recommended that the Board again readopt the ordinance. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 31, 2020 EMERGENCY ORDINANCE 033120-1 TO EFFECTUATE TEMPORARY CHANGES IN CERTAIN DEADLINES AND TO MODIFY PUBLIC MEETING AND PUBLIC HEARING PRACTICES AND PROCEDURES TO ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH PANDEMIC DISASTER WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive Order Fifty -One declaring a state of emergency for the Commonwealth of Virginia arising from the novel Coronavirus (COVID-19) pandemic; and WHEREAS, Executive Order Fifty -One acknowledged the existence of a public health emergency which constitutes a disaster as defined by Virginia Code § 44-146.16 arising from the public health threat presented by a communicable disease anticipated to spread; and WHEREAS, Executive Order Fifty -One ordered implementation of the Commonwealth of Virginia Emergency Operations Plan, activation of the Virginia Emergency Operations Center to provide assistance to local governments, and authorization for executive branch agencies to waive "any state requirement or regulation" as appropriate; and WHEREAS, on March 13, 2020, the President of the United States declared a national emergency, beginning March 1, 2020, in response to the spread of COVID-19; and WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 outbreak a pandemic; and Page 1 of 7 WHEREAS, on March 17, 2020, the Board of Supervisors confirmed the declaration of local emergency made by the County's local director of emergency management on March 16, 2020; and WHEREAS, the Board finds that COVID-19 constitutes a real and substantial threat to public health and safety and constitutes a "disaster" as defined by Virginia Code §44-146.16, being a "communicable disease of public health threat;" and WHEREAS, Virginia Code § 15.2-1413 provides that, notwithstanding any contrary provision of law, a locality may, by ordinance, provide a method to assure continuity of government in the event of a disaster for a period not to exceed six months after the disaster; and WHEREAS, Virginia Code § 44-146.21(C) further provides that a local director of emergency management, or any member of a governing body in his absence, may, upon the declaration of a local emergency "proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to performance of public work;" and WHEREAS, Virginia Code § 2.2-3708.2(A)(3) allows, under certain procedural requirements including public notice and access, that members of the Board of Supervisors may convene solely by electronic means "to address the emergency;" and WHEREAS, the open public meeting requirements of the Virginia Freedom of Information Act ("FOIA") are limited only by a properly claimed exemption provided under that Act or "any other statute;" and Page 2 of 7 WHEREAS, the Governor and Health Commissioner of the Commonwealth of Virginia and the President of the United States have recommended suspension of public gatherings of more than ten attendees; and WHEREAS, The Attorney General of Virginia issued an opinion dated March 20, 2020 opining that localities have the authority during disasters to adopt ordinances to ensure the continuity of government in accord with the provisions of Section 15.2-1413 of the Code of Virginia; and WHEREAS, this emergency ordinance in response to the disaster caused by the COVID-19 pandemic promotes public health, safety and welfare and is consistent with the law of the Commonwealth of Virginia, the Constitution of Virginia and the Constitution of the United States of America; and WHEREAS, the first reading of this ordinance was held on March 31, 2020; and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of the members of the Board, this being deemed to be an emergency measure pursuant to Section 18.04 of the Roanoke County Charter. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia: 1. That the COVID-19 pandemic makes it unsafe to assemble in one location a quorum for public bodies including the Board of Supervisors, the School Board, the Planning Commission, Board of Zoning Appeals, Board of Equalization, and all local and regional boards, commissions, committees and authorities created by the Board of Supervisors or to which the Board of Supervisors appoints all or a portion of its members (collectively, "Public Entities" and individually "Public Entity"), or for such Page 3 of 7 Public Entities to conduct meetings in accordance with customary practices and procedures. 2. That in accordance with Virginia Code § 15.2-1413, and notwithstanding any contrary provision of law, general or special, the following emergency procedures are adopted to ensure the continuity of government during this emergency and disaster: a. Any meetings or activities which require the physical presence of members of the Public Entities may be held through real time electronic means (including audio, telephonic, video or other practical electronic medium) without a quorum physically present in one location; and b. The chairman of each Public Entity shall have authority to decide whether to hold any such electronic meeting. If the chairman is unavailable, the vice -chair shall decide. If the vice -chair is unavailable, such authority shall lie with representatives from the County's respective magisterial districts, in the following order of availability: Vinton, Catawba, Hollins, Windsor Hills, and Cave Spring. If the Public Entity is not comprised of representatives solely according to magisterial district, each Public Entity may enact a Resolution that sets forth authority to make such decision in the absence of the chairman or vice -chair. c. Prior to holding any such electronic meeting, the Public Entity shall provide public notice of such at least 3 days in advance of the electronic meeting, identifying how the public may participate or otherwise offer comment; and d. Any such electronic meeting of Public Entities shall state on its agenda and at the beginning of such meeting that it is being held pursuant to and in compliance with this Ordinance; identify Public Entity members physically and/or electronically Page 4 of 7 present; identify the persons responsible for receiving public comment; and identify notice of the opportunities for the public to access and participate in such electronic meeting; and e. Any such electronic meeting of the Public Entities shall be open to electronic participation by the public which may include, interalia, recess periods during such meetings to receive electronic comments from citizens, and shall be closed to in- person participation by the public; and f. For any matters requiring a public hearing, public comment may be solicited by electronic means in advance and shall also be solicited through telephonic or other electronic or audiovisual means during the course of the electronic meeting. All such public comments will be provided to members of the Public Entity during or before the electronic meeting and made part of the record for such meeting; and g. The minutes of all electronic meetings shall conform to the customary requirements of law, identify how the meeting was conducted, members participating, and specify what actions were taken at the meeting. The Public Entities may approve minutes of an electronic meeting at a subsequent electronic meeting and shall later approve all such minutes at a regular or special meeting after the emergency and disaster has ended; and h. If members of the Public Entity become incapacitated and are unable to act, the remaining member or members shall constitute a quorum for the conduct of business, and have authority to act for the Board by majority vote, unless a unanimous vote of all members is required by law, in which case authority to act shall require a unanimous vote of remaining members; and Page 5 of 7 IT IS FURTHER ORDAINED that, notwithstanding any provision of law, regulation or policy to the contrary, any deadlines requiring action by a Public Entity, its officers (including Constitutional Officers) and employees of its organization shall be suspended during this emergency and disaster, however, the Public Entities, officers and employees thereof are encouraged to take such action as is practical and appropriate to meet those deadlines. Failure to meet any such deadlines shall not constitute a default, violation, approval, recommendation or otherwise. This paragraph does not automatically extend any deadlines for the payment of taxes or filing of tax returns. IT IS FURTHER ORDAINED that non -emergency public hearings and action items of Public Entities may be postponed to a date certain, provided that public notice is given so that the public are aware of how and when to present their views. IT IS FURTHER ORDAINED that the provisions of this Emergency Ordinance shall remain in full force and effect for a period of 60 days, unless amended, rescinded, or readopted by the Board in conformity with the notice provisions set forth in Virginia Code §15.2-1427 but in no event shall such ordinance be effective for more than 6 months after the disaster. Upon rescission by the Board or automatic expiration as described herein, this emergency ordinance shall terminate and normal practices and procedures of government shall resume. Nothing in this Emergency Ordinance shall prohibit Public Entities from holding in- person public meetings provided that public health and safety measures as well as social distancing are taken into consideration. An emergency is deemed to exist, and this ordinance shall be effective upon its adoption. Page 6 of 7 On motion of Supervisor North to adopt the ordinance, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None A CO TESTE: Debor. C. Jacks Chief Deputy Clerk t cc: Peter S. Lubeck, County Attorney Page 7 of 7 • e Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 9, 2021 EMERGENCY ORDINANCE READOPTING ORDINANCE 033120-1, TO EFFECTUATE TEMPORARY CHANGES IN CERTAIN DEADLINES AND TO MODIFY PUBLIC MEETING AND PUBLIC HEARING PRACTICES AND PROCEDURES TO ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH PANDEMIC DISASTER WHEREAS, on March 31, 2020, the Board adopted emergency Ordinance 033120-1, to effectuate temporary changes in certain deadlines and to modify public meeting and public hearing practices and procedures to address continuity of operations associated with the COVID-19 pandemic disaster; and WHEREAS, pursuant to Section 15.2-1427 of the Code of Virginia, emergency ordinances shall not be enforced for more than sixty (60) days unless readopted; and WHEREAS, the Board readopted the ordinance on May 26, 2020, July 14, 2020; September 8, 2020, November4, 2020; and again on December 15, 2021; and WHEREAS, due to the ongoing nature of the COVID -19 pandemic, it is again proposed that the Board readopt Ordinance 033120-1; and WHEREAS, the first reading of this ordinance was held on February 9, 2021; and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of the members of the Board, this being deemed to be an emergency measure pursuant to Section 18.04 of the Roanoke County Charter. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia: 1. That Ordinance 033120-1 is hereby readopted. Page 1 of 2 2. An emergency is deemed to exist, and this ordinance shall be effective upon its adoption. Page 2 of 2 ACTION NO. ITEM NO. D.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 9, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Ordinance amending the Roanoke County Code to create the County of Roanoke Towing Advisory Board, and accompanying resolution appointing representatives to the Towing Advisory Board Rachel Lower Senior Assistant County Attorney Daniel R. O'Donnell County Administrator Roanoke County currently does not regulate police -initiated towing requests, although there is a need for regulation based upon growing citizen concerns over predatory practices of towing and recovery operators. BACKGROUND: Pursuant to Virginia law, in order to regulate police -initiated towing, the County must first appoint an advisory board to advise the governing body with regard to appropriate provisions of a regulating ordinance or terms of a contract regulating police -initiated towing. The towing advisory board shall include representatives of local law enforcement agencies, towing and recovery operators, and the general public. During the November 17, 2020 work session, the Board of Supervisors was provided with information on the formation of a towing advisory board, and the Board of Supervisors gave staff direction to initiate the process of formation of and appointment to a future towing advisory board. The Board of Supervisors shared preferences in the number of members of a future towing advisory board, and prefers the towing advisory board be made up of four (4) members from local law enforcement agencies, four (4) members from towing and recovery operators, and one (1) member from the general public. Page 1 of 3 DISCUSSION: In order to elicit representatives from the towing and recovery community, as well as from the general public, information on how to become a member of a future towing advisory board was shared on the County of Roanoke website and published on Roanoke Valley Television (RVTV). Additionally, letters were sent to known local towing and recovery operators along with an application to submit to the County Attorney's Office (see attached application). The deadline to respond with the application is February 5, 2021. To date, the County has received seven (7) applications for representatives from the towing and recovery community: Thomas Roger Anglin (Repair & Towing, LLC), Joe Mitchell (Roanoke Towing Company and AAA Recovery), Gregory W. St. Clair (Woods Service Center, Inc.), Jeffrey Alan Robertson (Coyner Springs Service Center, Inc.), David Wayne Chocklett (Rainbow Forest Automotive & Towing, LLC), Frederick Lee Hayden, Jr. (Strong Arm Towing and Recovery, LLC; Family Automotive and Towing, LLC), and Charles Raymond Brown (Brown & Son, LLC). Prior to the February 23, 2021, Board of Supervisors meeting this report will be updated to share copies of all submitted applications from towing and recovery operators. To date, the County has discussed with two (2) members from the general public, both of whom are willing to serve as the member from the general public. Vicki Bibee (Bibee Risk Management, LLC) and Nancy Poage Sweeney (current part-time employee of Roanoke County General Services, DMV retiree). Ms. Bibee has a dedicated career in the risk management and insurance industries, and understands automobile liability issues from the consumer's standpoint. She has served on many local boards and committees, and is currently a member of the Roanoke City Economic Development Authority. Ms. Bibee resides in Roanoke City, and owns a business in Roanoke County. The Roanoke County Police Department recommends the following four (4) representatives to serve as the members from local law enforcement agencies: RCPD Sergeant Spencer Hoopes, RCPD Officer Justin Hunts, RCPD Commander Chris Kuyper (who is on assignment with the Federal Bureau of Investigations in Washington, D.C. until May 2021), and RCPD Commander Shannon Dillon. FISCAL IMPACT: There is no anticipated fiscal impact that results from formation of the County of Roanoke towing advisory board, however current staffing concerns with the Roanoke County Police Department and administrative staffing needs of the advisory body may need to be considered. Page 2 of 3 STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors create the County of Roanoke towing advisory board, and appoint members thereto as the Board of Supervisors deems appropriate at the second reading and public hearing to occur on February 23, 2021. Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 9, 2021 ORDINANCE AMENDING SECTION 12-14 OF THE ROANOKE COUNTY CODE TO CREATE THE COUNTY OF ROANOKE TOWING ADVISORY BOARD WHEREAS, the County of Roanoke currently does not regulate police -initiated towing requests, although there is a need for regulation based upon growing citizen concerns over predatory practices of towing and recovery operators; and WHEREAS, pursuant to Va. Code § 46.2-1217, in order to regulate police -initiated towing, the County of Roanoke must first appoint an advisory board to advise the governing body with regard to appropriate provisions of a regulating ordinance or terms of a contract regulating police -initiated towing; and WHEREAS, pursuant to Va. Code § 46.2-1217, the towing advisory board shall include representatives of local law enforcement agencies, towing and recovery operators, and the general public; and WHEREAS, Section 18.02 of the County Charter provides that the Board of Supervisors may establish such advisory boards and commissions as it deems necessary for the purpose of advising the Board and the County Administrator; and WHEREAS, pursuant to Va. Code § 15.2-1411, the Board of Supervisors may appoint such advisory boards, committees, and commissions, as it deems necessary to advise the Board of Supervisors with regard to any matter of concern to the locality, and members shall be appointed to serve at the pleasure of the governing body; and WHEREAS, in order to evaluate the best regulation of police -initiated towing in Roanoke County, the Board of Supervisors will form the County of Roanoke towing Page 1 of 3 Note: Text additions are in red font. Text deletions are in red font and are struck through. advisory board to provide recommendations to the Board of Supervisors for the regulation of police -initiated towing in Roanoke County; and WHEREAS, the first reading of this ordinance was held on February 9, 2021, and the second reading and public hearing were held on February 23, 2021. NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of Supervisors as follows: 1. There is hereby established an advisory board known as the County of Roanoke Towing Advisory Board. 2. The County of Roanoke Towing Advisory Board is an advisory committee; recommendations may be accepted, rejected, or accepted with modifications by the Board of Supervisors. 3. Members of the County of Roanoke Towing Advisory Board will be appointed by the Board of Supervisors and composed of representatives from local law enforcement agencies, towing and recovery operators, and the general public. 4. The role of the County of Roanoke Towing Advisory Board is to advise the Board of Supervisors with regard to the appropriate provisions of the County of Roanoke's ordinances or contracts related to towing services. 5. Section 12-14 of the Roanoke County Code, which was previously reserved, is amended as follows: Sec. 12-14. Towing advisory board. Pursuant to Va. Code § 46.2-1217, there is hereby created a County of Roanoke towing advisory board to advise the Board of Supervisors with regard to the appropriate provisions of the County of Roanoke's ordinances or contracts related to towing services. Page 2 of 3 Note: Text additions are in red font. Text deletions are in red font and are struck through. The towing advisory board shall consist of nine (9) members. The members shall include representatives of local law enforcement agencies, towing and recovery operators, and the general public. The members shall be appointed by the Board of Supervisors for such terms as the Board of Supervisors may direct. Any vacancy shall be filled by the Board of Supervisors for the unexpired portion of a term. The members shall serve without compensation. Any member of the towing advisory board may be removed by the Board of Supervisors upon good cause appearing to the Board of Supervisors. 6. That this ordinance shall be in full force and effect from and after its adoption. Page 3 of 3 Note: Text additions are in red font. Text deletions are in red font and are struck through. TOWING ADVISORY BOARD MEMBERSHIP APPLICATION FOR TOWING AND RECOVERY OPERATORS Full Name Email Home Address Phone Number Alternate Phone Number Towing and Recovery Business Affiliation (include size of business and your role in the business) * *Include each and every towing or recovery business you are affiliated with Statement of Interest Towing and Recovery Operations Experience Roanoke County Application for Towing Advisory Board Membership — Towing and Recovery Operators 1 Education/Volunteer Experience/Special Qualifications In the past 5 years, have you had a civil suit brought against you? H YES H NO If yes, please explain: I understand that I may be subject to a background and/or credit check. H YES H NO Is there any other information that may disqualify you from serving on this advisory body? H YES H NO If yes, please explain: I affirm that, to the best of my knowledge, the information provided herein is truthful, accurate, and complete. I understand that any misrepresentation of information may result in my appointment being rescinded. Name Date Roanoke County Application for Towing Advisory Board Membership — Towing and Recovery Operators 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 23, 2021 RESOLUTION APPOINTING REPRESENTATIVES TO THE COUNTY OF ROANOKE TOWING ADVISORY BOARD WHEREAS, on this date, the Board, having amended Section 12-14 of the Roanoke County Code to create a towing advisory board, desires to appoint representatives to such board. NOW THEREFORE BE IT RESOLVED by the Roanoke County Board of Supervisors as follows: 1. The Board of Supervisors hereby appoints the following four (4) law-enforcement representatives to the County of Roanoke Towing Advisory Board: a. b. c. d. 2. The Board of Supervisors hereby appoints the following four (4) representatives from the towing and recovery community to the County of Roanoke Towing Advisory Board: a. b. c. d. 3. The Board of Supervisors hereby appoints the following citizen representative to the County of Roanoke Towing Advisory Board: Page 1 of 2 Note: Text additions are in red font. Text deletions are in red font and are struck through. a. 4. Each representative is appointed to serve for a term of four (4) years, commencing on February 23, 2021. The Board may terminate the appointment of any representative with or without cause at any time. 5. That this ordinance shall be in full force and effect from and after its adoption. Page 2 of 2 Note: Text additions are in red font. Text deletions are in red font and are struck through. ACTION NO. ITEM NO. D.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 9, 2021 AGENDA ITEM: Ordinance amending the fiscal year 2020-2021 budget for the General Operating Revenues and Expenditures by $4,102,054, appropriating $1,681,342 to the Roanoke County School Board and appropriating $2,420,712 to the County's Capital Fund SUBMITTED BY: APPROVED BY: ISSUE: Laurie Gearheart Director of Finance and Management Services Daniel R. O'Donnell County Administrator First reading of an ordinance to amend the current year operating budget by $4,102,054 BACKGROUND: The County Administrator proposed the original fiscal year 2021 operating budget on March 10, 2020, which included an increase over the fiscal year 2020 operating budget by $6.1 million. During a budget work session held on March 24, 2020, changes to the economy were shared as a result of the state of emergency declared by the Governor due to the COVID-19 pandemic. County staff discussed with the Board the need to reduce the recently proposed fiscal year 2021 operating budget due to the abrupt economic downturn. In addition, there were discussions around revenues and the importance to review them regularly. The consensus of the Board was that if revenues improved over the reduced projections, an amendment to the operating budget would be brought forward for consideration as a supplemental appropriation. The amendment would include an increase to the Schools transfer based on the increase in the shared revenues. The percentage of 41.8131 would be maintained to hold schools harmless due to the drop in Page 1 of 2 enrollment caused by the pandemic. The remaining amended revenues would be used to fund capital items, which could not be funded in the revised fiscal year 2021 budget. DISCUSSION: County staff shared with the Board of Supervisors a mid -year review of general government revenues during a work session held on January 26, 2021. Currently revenues are trending above the revised budget and staff anticipates a surplus of $4,102,054. Of this amount, $4,021,090 is in our shared revenues with the schools. As part of this budget amendment, the percentage of 41.8131 will be applied to the increase in shared revenues and $1,681,342 will be transferred to the Schools based on the revenue sharing formula. The remaining $2,420,712 will be transferred to the capital fund and the monies will be used as outlined in Attachment A. FISCAL IMPACT: The amendment will increase the General Government revenues budget by $4,102,054 and increase expenditures for the transfer to Schools by $1,681,342 and the transfer to the capital fund by $2,420,712. STAFF RECOMMENDATION: Staff recommends approval of the first reading of the ordinance and scheduling the second reading for February 23, 2021. Page 2 of 2 Proposed Budget Amendment Attachment A - nc W E nc W E Q n� W 0) D ea no W 8 0 O 8:RI O N u_ Attachment A - c 0 E c 0 E Q -(7) 0) D m 0 0 0 O 8: Attachment A - FY 2021 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 9, 2021 ORDINANCE AMENDING THE FISCAL YEAR 2020-2021 BUDGET FOR THE GENERAL OPERATING REVENUES AND EXPENDITURES BY $4,102,054, AND APPROPRIATING $1,681,342 TO THE ROANOKE COUNTY SCHOOL BOARD, AND APPROPRIATING $2,420,712 TO THE COUNTY'S CAPITAL FUND WHEREAS, the County Administrator proposed the original fiscal year 2021 operating budget in March 2020; and WHEREAS, as the COVID-19 pandemic unfolded, a revised and reduced budget was subsequently proposed and adopted by the Board; and WHEREAS, County staff, in January 2021, have conducted a mid -year review of general government revenues; current revenues are trending above the revised and adopted budget, and a surplus of $4,102,054 is anticipated; and WHEREAS, it is proposed that the County's 2020-2021 budget be amended and increased by $4,102,054; and WHEREAS, it is further proposed that pursuant to the established revenue sharing formula with Roanoke County Public Schools, $1,681,342 be appropriated to the County School Board, and that $2,420,712 be appropriated to the County's Capital Fund; and WHREAS, the first reading of this ordinance was held on February 9, 2021, and the second reading was held on February 23, 2021. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The County's 2020-2021 Budget for general operating revenues and expenditures is amend and increased by the amount of $4,102,054. Page 1 of 2 2. The amount of $1,681,342 is appropriated to the Roanoke County School Board. 3. The amount of $2,420,712 is appropriated to the County's Capital Fund. Page 2 of 2 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: February 9, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Ordinance approving a permanent easement to Roanoke Gas Company on parcel owned by Roanoke County Board of Supervisors (Tax Map Number 036.03-01-01.00-0000) for the development of the Stormwater Operations Building at the Public Service Center Doug Blount Director of General Services and Parks, Recreation Daniel R. O'Donnell County Administrator Ordinance approving a permanent easement to Roanoke Gas on parcel owned by Roanoke County Board of Supervisors (Tax Map Number 036.03-01-01.00-0000) for the development of the Stormwater Operations Building at the Public Service Center BACKGROUND: Roanoke County has developed a two-phase plan to replace the Public Service Center located at 1206 Kessler Mill Road, Salem Va. In the first phase of the plan, a new building is being constructed at the Fleet Service Center for the General Services Department on Hollins Road. In addition, a new shop building is being constructed at Green Hill Park for the West County Parks Crew and a Stormwater Operations Shop Building is being constructed in a higher elevation part on the existing Public Service Center parcel. During the first phase of the plan, three (3) properties were purchased next to the Fleet Center for General Services and Parks, Recreation and Tourism for operations and storage. The second phase of the plan has a building being constructed on Hollins Road next to the Fleet Center for Parks, Recreation and Tourism. DISCUSSION: The design of the Stormwater Operations Shop Building places the new building on a Page 1 of 2 higher elevation within the existing parcel located at 1206 Kessler Mill Road at the Public Service Center. The optimal location of the building is over the existing Roanoke Gas Company line that services a portion of the Salem community. In order to be able to construct the building, the gas line must be moved to a new location on the parcel. Roanoke Gas Company has agreed to move the gas line and requests a new easement. The new easement is for six thousand, six hundred and eighty-two square feet (6682 square feet). In addition, the existing easement is vacated to Roanoke Gas Company as identified on the plat dated November 19, 2020. There have been no changes since the first reading of this ordinance on January 26, 2021. FISCAL IMPACT: There is no fiscal impact to granting the easement; and a nominal fee of $1.00 is being paid by Roanoke Gas for granting the easement. STAFF RECOMMENDATION: Staff recommends approval of the ordinance. Page 2 of 2 THIS DEED OF EASEMENT, made this day of , 20_, by and between the Board of Supervisors of Roanoke County, Virginia, a political subdivision of the Commonwealth of Virginia, "Grantor"; and ROANOKE GAS COMPANY, a Virginia corporation, "Grantee". WITNESSETH THAT, FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by Grantee to Grantor, the receipt and sufficiency of which is hereby acknowledged, the Grantor does hereby grant unto Grantee, its successors and assigns, the permanent right of way and easement to construct, install, operate, repair, replace, and maintain a gas pipeline (with appliances and accessories useful and necessary in connection therewith) over, under, through and across its land in the County of Roanoke, in the State of Virginia, and being more described as follows: A 10' wide gas line easement, five feet on each side of the gas line, containing 6,682 square feet across the Grantor's property located in the County of Roanoke, designated on the County of Roanoke land records as Parcel ID: 036.03-01-01.00-0000 and being further identified as 1206 Kessler Mill Rd, Salem, VA, 24153. The location of said easement is shown and designated as "NEW 10' GAS LINE EASEMENT" upon the plat entitled "EXHIBIT SHOWING THE VACATION OF A EX. 10' GAS LINE EASEMENT D.B. 1521, PG. 321 AND CREATING A NEW 10' GAS LINE EASEMENT SITUATED ON THE PROPERTY OF ROANOKE COUNTY BOARD OF SUPERVISORS" prepared by Lumsden Associates, P.C., dated November 19, 2020. Said plat is attached hereto and recorded herewith as Exhibit A. Page 1 of 3 The Grantee agrees to restore and repair any damage to Grantor's property which may be caused by the construction, operation, or maintenance of said easement. The Grantor agrees that the Grantee will not be expected to restore the property to the identical original condition, but rather as near thereto as practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration. The Grantee will indemnify and save the Grantor harmless against any and all loss or damage, accidents, or injuries, to persons or property, whether of the Grantor, or of any other persons or corporations arising in any manner from the negligence of Grantee in the construction, operation, or maintenance, or failure to properly construct, operate, or maintain its facilities installed upon the right-of-way granted by this Deed of Easement. The existing 10' gas line easement over and across the same property granted by the Grantor to the Grantee and recorded among the land records of the County of Roanoke, Virginia at Deed Book 1521, Page 321 is hereby vacated. Daniel R. O'Donnell, County Administrator of Roanoke County, executes this instrument on behalf of the Board of Supervisors of Roanoke County, Virginia, to convey the easement herein -above described pursuant to Ordinance adopted by said Board on To have and to hold unto the Grantee, its successors and assigns forever. Page 2 of 3 WITNESS the following signature and seals: (SEAL) Daniel R. O'Donnell, County Administrator, on behalf of the Board of Supervisors of Roanoke County STATE OF VIRGINIA ) County of Roanoke ) To -wit: The foregoing instrument was acknowledged before me this day of , 20_, by, Daniel R. O'Donnell, County Administrator, on behalf of the Board of Supervisors of Roanoke County. Notary Public My Commission expires: Page 3 of 3 T70o4e1-z0S015£06T 0002 arum]) amid ems o,Iur6JM c� in" PPO o uapp J 3 vi z C.7 J eS vi / / / / / / / / / / LC O W cn Q U cA U_ 0 LJ V tt� NEW 10' GAS UNE EASEMENT LINE TABLE (6,682 S.F.) DISTANCE 171 P: 0�V tip n Vimtri ^- O rZi N N CD Z W N 2422'29" W W C N h N-3 201 W to SN CD W N h 00 N 4607'31" E S 8950'10" E Cu h v CD to S 80'40'18" E 21 "' C, Q (5 I C., C, (V C., C, 8 CD 4, C C, 81 1 CD l C, CO j C, LO u7 J 0 N 0 N 0 0, n 00) 0 z w u 0 V \ \ p 24.2229 0000 Oo- h 03/01 ORS" 5g• j P'/( ci gk 116 5� PO '481 0 •B' 71 un F O m U • cy h r, Cfl V7 LLn {L J 0u-cL UJ OD • O Z W • N • Q Z Z O • ce ry X w m 0 0 d' • Z uD 4C ao' r ioA 6nnp•zOs915£06T\II!w Jalssa�\aseq- IMO u!Aanuns-z0\peo-TO\TS£0-6TOz\6TOz\s6uloelp\:M AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 9, 2021 ORDINANCE APPROVING A PERMANENT EASEMENT TO ROANOKE GAS COMPANY ON A PARCEL OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NUMBER 036.03-01-01.00-0000) FOR THE DEVELOPMENT OF THE STORMWATER OPERATIONS BUILDING AT THE PUBLIC SERVICE CENTER WHEREAS, Roanoke County has developed a two-phase plan to replace the Public Service Center located at 1206 Kessler Mill Road; and WHEREAS, as part of the plan, a new Stormwater Operations Shop Building is being constructed in a higher elevation on the existing Public Service Center parcel; and WHEREAS, the optimal location of the new building is over the existing Roanoke Gas Company line, and in order to be able to construct the new building, the gas line must be moved to a new location on the parcel; and WHEREAS, Roanoke Gas Company has agreed to move the gas line, and requests a new easement and vacation of the previous gas line easement, both as shown on the plat entitled "EXHIBIT SHOWING THE VACATION OF A EX. 10' GAS LINE EASEMENT D.B. 1521, PG. 321 AND CREATING A NEW 10' GAS LINE EASEMENT SITUATED ON THE PROPERTY OF ROANOKE COUNTY BOARD OF SUPERVISORS" prepared by Lumsden Associates, P.C., dated November 19, 2020; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and disposition of real estate be authorized only by ordinance; and WHEREAS, a first reading of this ordinance was held on January 26, 2021 and the second reading was held on February 9, 2021; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That pursuant to the provision of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for conveyance to Roanoke Gas Company for a gas line easement. 2. That vacation of the previous easement and conveyance to the Roanoke Gas Company of a new gas line easement as shown and described upon the plat entitled "EXHIBIT SHOWING THE VACATION OF A EX. 10' GAS LINE EASEMENT D.B. 1521, PG. 321 AND CREATING A NEW 10' GAS LINE EASEMENT SITUATED ON THE PROPERTY OF ROANOKE COUNTY BOARD OF SUPERVISORS" prepared by Lumsden Associates, P.C., dated November 19, 2020, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County accepts and appropriates the payment of $1.00 as fair market value compensation for this gas line easement. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on a form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 2 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: February 9, 2021 AGENDA ITEM: Ordinance authorizing the acquisition of permanent and temporary easements on parcels owned by the Roanoke Valley Resource Authority (Tax Map Parcel Numbers 080.00-05-02.01-0000, 080.00-05-03.00-0000, and 080.00- 05-04.00-0000) for development of the Roanoke River Greenway in the Vinton Magisterial District SUBMITTED BY: APPROVED BY: ISSUE: Doug Blount Director of General Services and Parks, Recreation Daniel R. O'Donnell County Administrator Ordinance authorizing the acquisition of permanent and temporary easements on parcels owned by the Roanoke Valley Resource Authority (Tax Map Parcel Numbers 080.00-05-02.01-0000, 080.00-05-03.00-0000, and 080.00-05-04.00-0000) for development of the Roanoke River Greenway in the Vinton Magisterial District BACKGROUND: The Roanoke River Greenway is a regional bicycle and pedestrian trail developing through the Roanoke Valley, linking the Cities of Roanoke and Salem, the Town of Vinton, and Roanoke County. The 2018 Roanoke Valley Greenway Plan identifies the Roanoke River Greenway as its number one priority in the region, as shown on the attached map. The greenway will serve as the primary non -motorized transportation facility providing a critical link between the urbanized areas in Virginia's Blue Ridge, the Blue Ridge Parkway, and Explore Park. The 2007 Roanoke County Comprehensive Master Plan for Parks and Facilities identifies the development of greenways and trails as a high priority desired by citizens. Extension of the Roanoke River Greenway is supported in the Explore Park Adventure Plan and the Roanoke County Community Strategic Plan, adopted in 2016 by the Roanoke County Board of Supervisors. Page 1 of 3 The National Park Service (NPS) approved the Roanoke Valley/Blue Ridge Parkway Trail Plan in 2015 that supports development of an integrated trail system that provides connectivity between the Roanoke Valley Greenway network and the Blue Ridge Parkway (Parkway). Roanoke County partnered with the Parkway to submit a Federal Lands Access Program (FLAP) grant application that was approved in 2016 for engineering, right-of-way acquisition, and construction of the Roanoke River Greenway proposed between the Blue Ridge Parkway and Explore Park. On February 28, 2017, the Roanoke County Board of Supervisors accepted the grant funding, and a Memorandum of Agreement was executed on June 6, 2017 between the Federal Highway Administration -Eastern Federal Lands Division (EFLHD), Virginia Department of Transportation (VDOT), and Roanoke County. DISCUSSION: The proposed two-mile section of greenway will be an 8 -10 -foot -wide, paved, shared use path for pedestrians and bicyclists. The greenway will be located on the south side of the Roanoke River with a parking lot proposed at the corner of Highland and Rutrough Roads, as shown on the attached project map. The greenway will cross through the closed regional landfill owned by the Roanoke Valley Resource Authority (RVRA), connect to the Back Creek Overlook located on the Roanoke River Parkway, and cross through a tunnel located underneath the Roanoke River Parkway before connecting into Explore Park. Construction of this greenway segment is anticipated to begin in 2021. Permanent and temporary easements are required for construction and maintenance of the greenway on three parcels owned by the RVRA, identified as Tax Map Parcel Numbers 080.00-05-02.01-0000, 080.00-05-03.00-0000, and 080.00-05-04.00-0000 on attached plats prepared by Balzer & Associates. The RVRA Board of Directors approved the donation and conveyance of the permanent and temporary easements and an attached deed of easement has been signed by the RVRA Executive Director. The greenway is a Locally Administered Project (UPC No. 110155) with oversight from VDOT. For federal -aid projects, VDOT is required by the U.S. Department of Transportation -Federal Highway Administration (FHWA) to certify local government compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act), as amended, found in Title 42 Chapter 61 of the United States Code and the implementing regulations found in 49 CFR Part 24. The RVRA has been informed of their right to an appraisal and compensation for the value of the easements; however, the RVRA has waived these rights. There have been no changes since the first reading of this ordinance on January 26, 2021. FISCAL IMPACT: Page 2 of 3 There are no costs associated with the acquisition of the permanent and temporary easements. The value of the temporary and permanent easements donated by the RVRA will count towards the local match required for the project. Roanoke County will be responsible for the future maintenance of the greenway. STAFF RECOMMENDATION: Staff recommends approving this ordinance. Page 3 of 3 1 -Appalachian Trail 2 - Back Creek Greenway 3 - Barnhardt Creek Greenway 4 - Birding and Wildlife Trail Sites 5 - Blue Ridge Parkway Trails 6 - Carvin Creek Greenway 7 - Carvins Cove Trail Network 8 - Carvins Cove Connections 9 - Catawba Greenway 10 - City, County and Town Park Trails 11 - Craig Creek Trail 12 - Daleville Greenway* 13 - Eagle Rock Greenway 14 - Elizabeth Greenway 15 - Explore Park Trail Network 16 - Garden City Greenway 2018 Greenway Plan Network Map IMP REGIONAL(: 17 - Gish Branch Greenway 18 - Glade Creek Greenway 19 - Gladetown Trail 20 - Green Hill Park Trails 21 -Greenfield Trails 22 - Hanging Rock Battlefield Trail 23 - Havens Wildlife Management Area Trails 24 - Hinchee Trail 25 - James River Greenway 26 - Jefferson National Forest Trails 27 - Lick Run Greenway 28 - Long Ridge Trail 29 - Mason Creek Greenway 30 - Masons Cove Greenway 31 -Mill Mountain Greenway 32 - Mill Mountain Park Trails 33 - Mudlick Creek Greenway 34 - Murray Run Greenway 35 - National Forest Connections 36 - Perimeter Trail 37 - Poor Mountain Trails 38 - Read Mountain Greenway 39 - Read Mountain Trails 40 - Roanoke River Greenway 41 - Roanoke River Greenway Extensions 42- Spring Hollow Trails 43 - Tinker Creek Greenway* 44 - Wolf Creek Greenway *Please see Appendix E for more information about the AppendixH-3 alternative alignments for Tinker Creek and Daleville Greenways. 0 0.75 1.5 Legend Proposed Greenways Category 1 Roanoke River Greenway, Unbuilt - Category 2 Hard Surface Greenways and Trails, Unbuilt - Category 3 Greenways and Trails in Design - Category 4 Conceptual Greenways and Trails - Category 5 Built Greenways and Trails - National Forest Trails - Appalachian Trail U.S. Bicycle Route 76 QLocality Bounderies f_ Public Lands 3 4.5 6 Miles Virginia Recreational Facilities 1191S N O � N -CC y G u) 7 O 7 7 7L 0 W 0 r x w 0 0 0 0 77 0 c 0 0 0 0 O • u O 0 c 00_ w � Prepared by: Peter Lubeck, County Attorney (VSB #71223) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 Property Owner: Roanoke Valley Resource Authority Tax Map Parcel No. Address 080.00-05-02.01-0000 3404 Rutrough Rd 080.00-05-03.00-0000 3436 Rutrough Rd 080.00-05-04.00-0000 3442 Rutrough Rd THIS DEED OF EASEMENT, is entered into this day of 2021, by the ROANOKE VALLEY RESOURCE AUTHORITY (hereinafter referred to as the "Grantor"), a political subdivision of the Commonwealth of Virginia created pursuant to the Virginia Water and Waste Authorities Act, 15.2-5100 et seq., Code of Virginia (1950), as amended, and the BOARD OF SUPERVISORS OF ROANOKE COUNTY (hereinafter referred to as the "Grantee"), a political subdivision of the Commonwealth of Virginia. WITNESSETH: WHEREAS, the Roanoke River Greenway is a developing bicycle and pedestrian trail identified in the regionally approved Roanoke Valley Conceptual Greenway Plan, as updated in 2018, endorsed by the City of Roanoke, County of Roanoke, County of Botetourt, City of Salem, and Town of Vinton; and WHEREAS, the 2007 Roanoke County Comprehensive Master Plan for Parks and Facilities identified the development of greenways and trails as a high priority desired by citizens in Roanoke County; and WHEREAS, an easement is needed for the eastern section of the Roanoke River Greenway ("PUBLIC ACCESS TRAIL") across portions of the Grantor's property designated as Roanoke County Tax Map Nos. 080.00-05-02.01-0000, 080.00-05-03.00-0000, and 080.00-05-04.00-0000, more particularly described on the plats collectively labeled Exhibit A and attached hereto. Exhibit Page 1 of 11 A is comprised of three plat groupings: Al (which is one sheet, and sets forth particulars regarding Tax Map No. 080.00-05-02.01-0000), A2 (which is two sheets, and sets forth particulars regarding Tax Map No. 080.00-05-03.00-0000), and A3 (which is comprised of ten sheets, and sets forth particulars regarding Tax Map No. 080.00-05-04.00-0000) and WHEREAS, Grantee has requested, and the Grantor has agreed to, the conveyance of a perpetual greenway easement and herein referred to as "Greenway Easement," to the Grantee for use as a PUBLIC ACCESS TRAIL; and WHEREAS, Grantor has also agreed to the conveyance of certain other permanent drainage, stormwater management, and slope easements, as well as temporary construction easements to the Grantee. NOW THEREFORE, FOR AND IN CONSIDERATION of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby GRANTS and CONVEYS with General Warranty and Modern English Covenants of Title unto the Grantee, its successor and assigns, the following described easements, in the County of Roanoke, Virginia, to wit: Roanoke County Tax Map Number 080.00-05-02.01-0000 A PERMANENT GREENWAY EASEMENT, herein referred to as "Greenway Easement", consisting of 1.05 acres, more or less, to construct, improve, operate, inspect, use, monitor, maintain, repair or replace a PUBLIC ACCESS TRAIL upon, over, through, and across the parcel of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia (Instrument Number 201611794) and designated on the Roanoke County Land Records as Tax Map No. 080.00-05-02.01-0000 (3404 Rutrough Road). The location of said easement shall be within the area as shown upon the plat dated prepared by John R. McAden, said plat being attached as Exhibit Al. Together with a PERMANENT STORMWATER MANAGEMENT EASEMENT containing 0.09 acre, more or less, through and across the parcel of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia (Instrument Number 201611794) and designated on the Roanoke County Land Records as Tax Map No. Page 2 of 11 080.00-05-02.01-0000 (3404 Rutrough Road). The location of said easement shall be within the area as shown upon Exhibit A 1. Together with a PERMANENT SLOPE EASEMENT containing 0.04 acre, more or less through and across the parcel of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia (Instrument Number 201611794) and designated on the Roanoke County Land Records as Tax Map No. 080.00-05-02.01-0000 (3404 Rutrough Road). The location of said easement shall be within the area as shown upon Exhibit Al. Together with a TEMPORARY CONSTRUCTION EASEMENT containing 0.23 acre, more or less, through and across the parcel of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia (Instrument Number 201611794) and designated on the Roanoke County Land Records as Tax Map No. 080.00-05-02.01-0000 (3404 Rutrough Road). The location of said easement shall be within the area as shown upon Exhibit Al. The Temporary Construction Easement shall automatically expire upon completion of construction or substantial completion. The Grantor agrees that the Grantee will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, to its condition at the time the easement was granted and that the Grantor will cooperate with the Grantee in effectuating such restoration. Roanoke County Tax Map Number 080.00-05-03.00-0000 A PERMANENT GREENWAY EASEMENT, herein referred to as "Greenway Easement", consisting of 0.17 acre, more or less, to construct, improve, operate, inspect, use, monitor, maintain, repair or replace a PUBLIC ACCESS TRAIL upon, over, through, and across the parcel of land located belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia (Instrument Number 201611794) and designated on the Roanoke County Land Records as Tax Map No. 080.00-05-03.00-0000 (3436 Rutrough Road). The location of said easement shall be within the area as shown upon the plat dated prepared by John R. McAden, said plat being attached as Exhibit A2. Together with a PERMANENT DRAINAGE EASEMENT containing 0.03 acre, more or less, through and across the parcel of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia (Instrument Number 201611794) and designated on the Roanoke County Land Records as Tax Map No. 080.00-05-03.00-0000 (3436 Rutrough Road). The location of said easement shall be within the area as shown upon Exhibit A2. Together with a PERMANENT STORMWATER MANAGEMENT EASEMENT containing 0.18 acre, more or less, through and across the parcel of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia (Instrument Number 201611794) and designated on the Roanoke County Land Records as Tax Map No. 080.00-05-03.00-0000 (3436 Rutrough Road). The location of said easement shall be within the area as shown upon Exhibit A2. Together with a PERMANENT SLOPE EASEMENT containing 0.04 acre, more or less through and across the parcel of land belonging to the Grantor, acquired and recorded in the Clerk's Office Page 3 of 11 at the Circuit Court of Roanoke County, Virginia (Instrument Number 201611794) and designated on the Roanoke County Land Records as Tax Map No. 080.00-05-03.00-0000 (3436 Rutrough Road). The location of said easement shall be within the area as shown upon Exhibit A2. Together with a TEMPORARY CONSTRUCTION EASEMENT containing 1.22 acres, more or less, through and across the parcel of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia (Instrument Number 201611794) and designated on the Roanoke County Land Records as Tax Map No. 080.00-05-03.00-0000 (3436 Rutrough Road). The location of said easement shall be within the area as shown upon Exhibit A2. The Temporary Construction Easement shall automatically expire upon completion of construction or substantial completion. The Grantor agrees that the Grantee will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, to its condition at the time the easement was granted and that the Grantor will cooperate with the Grantee in effectuating such restoration. Roanoke County Tax Map Number 080.00-05-04.00-0000 A PERMANENT GREENWAY EASEMENT, herein referred to as "Greenway Easement", consisting of 3.95 acres, more or less, to construct, improve, operate, inspect, use, monitor, maintain, repair or replace a PUBLIC ACCESS TRAIL upon, over, through, and across the parcel of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia (Instrument Number 0014821743) and designated on the Roanoke County Land Records as Tax Map No. 080.00-05-04.00-0000 (3442 Rutrough Road). The location of said easement shall be within the area as shown upon the plat dated prepared by John R. McAden, said plat being attached as Exhibit A3. Together with a PERMANENT DRAINAGE EASEMENT containing 0.11 acres, more or less through and across the parcel of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia (Instrument Number 0014821743) and designated on the Roanoke County Land Records as Tax Map No. 080.00-05-04.00-0000 (3442 Rutrough Road). The location of said easement shall be within the area as shown upon Exhibit A3. Together with a PERMANENT STORMWATER MANAGEMENT EASEMENT containing 1.39 acres, more or less, through and across the parcel of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia (Instrument Number 0014821743) and designated on the Roanoke County Land Records as Tax Map No. 080.00-05-04.00-0000 (3442 Rutrough Road). The location of said easement shall be within the area as shown upon Exhibit A3. Together with a PERMANENT SLOPE EASEMENT containing 0.42 acre, more or less, through and across the parcel of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia (Instrument Number 0014821743) and designated on the Roanoke County Land Records as Tax Map No. 080.00-05-04.00-000000 (3442 Rutrough Road). The location of said easement shall be within the area as shown upon Exhibit A3. Page 4 of 11 Together with a TEMPORARY CONSTRUCTION EASEMENT containing 6.62 acres, more or less, through and across the parcel of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia (Instrument Number 0014821743) and designated on the Roanoke County Land Records as Tax Map No. 080.00-05-04.00-0000 (3442 Rutrough Road). The location of said easement shall be within the area as shown upon Exhibit A3. The Temporary Construction Easement shall automatically expire upon completion of construction or substantial completion. The Grantor agrees that the Grantee will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, to its condition at the time the easement was granted and that the Grantor will cooperate with the Grantee in effectuating such restoration. below. Said PERPETUAL EASEMENTS shall be subject to the terms and conditions stated 1. The Grantor hereby grants to the Grantee and the general public free access to and use of the Public Access Trail within the Greenway Easement subject to the laws and ordinances of Roanoke County, for the purposes including but not limited to: walking, jogging, hiking, bicycle riding, horseback riding, and nature study. There shall be no access by the Grantee or the public at -large granted by this Greenway Easement to any property of the Grantor other than the Greenway Easement and Public Access Trail described and conveyed herein on Exhibit A. The general public shall have no right to construct or improve any portion of the Greenway Easement and Public Access Trail. 2. The Greenway Easement herein conveyed shall be appurtenant to the Grantor's lands over which it runs and shall convey to the Grantee the perpetual right to install and maintain improvements, the right to go on, over and upon the said Greenway Easement for the purposes of installing, maintaining, repairing, and replacing the improvements necessary for the Public Access Trail. 3. Public access with any type of motor vehicle, including but not limited to motorcycles, four-wheel drives, motor bikes, mopeds, ATVs, and snowmobiles, shall Page 5 of 11 be prohibited, except to the extent vehicles are necessary for accessibility (Americans with Disabilities Act of 1990), construction, inspection, emergency calls, maintenance, or reconstruction of the Public Access Trail within the Greenway Easement area by the Grantee. 4. The Grantor shall retain the right to use the land subject to the Greenway Easement acquired herein in Exhibit A in any manner which shall not interfere with the use and enjoyment of said rights for recreational access to the Public Access Trail. 5. The Grantor shall not erect any building, fence, sign, guardrail, or other structure over the easement so as to render the Greenway Easement inaccessible, except that fences and gates may be erected and/ or maintained with the mutual consent of the Grantor and Grantee. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. 6. There shall be no excavation or dredging, or dumping of ashes, garbage, waste, brush or other unsightly or offensive material on the Greenway Easement or Public Access Trail by the Grantor or Grantee, and their agents or licensees, other than by Grantee during the existence of the Temporary Trail Construction Easement. 7. Any construction by the Grantor of roads or driveways within the Greenway Easement or crossing the Public Access Trail must be approved by the Grantee and designed in coordination with the Grantee to facilitate a safe and convenient crossing of the road by Public Access Trail users. 8. The Grantor shall have no maintenance responsibility whatsoever of the Public Access Trail within the Greenway Easement. Page 6 of 11 9. The Grantee may erect within the Greenway Easement markers, kiosks, litter receptacles, vehicle control barriers, benches, bridges, signage, fences, and gates, as deemed necessary for preservation of the Greenway Easement, use of the Public Access Trail, and safety of the Public Access Trail users. No other building or above grade structure shall be constructed by the Grantee or Grantor without written permission of the Grantor. 10. There shall be no removal, destruction, or cutting of trees within the Greenway Easement, except as may be performed by the Grantee or its agent for maintenance of the Public Access Trail, reduction of hazard, flood control, good husbandry practice, or prevention or treatment of disease, without the consent of the Grantor, which shall not be unreasonably withheld. Grantee shall not remove, destroy, or cut trees located outside the Greenway Easement, except to the extent that cutting is necessary to remove that portion of a tree that intrudes into the Greenway Easement. 11. The Grantee and its agents shall have the right to inspect the Greenway Easement and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within or upon the easements that in any way endanger or interfere with the proper use of the same. 12. The Grantee shall have the right and duty to ensure maintenance of the Public Access Trail and the easements for as long as it holds the Greenway easement rights hereunder. 13. The Grantee shall not deny the Grantor access to the Public Access Trail or Greenway Easement. Page 7 of 11 14. The Grantee agrees to defend, indemnify, and hold harmless Grantor from and against any and all claims, demands, actions, damages, losses, and liabilities to the extent permitted by the law and without waiving any claim of sovereign immunity. However, the Grantor shall not be held harmless from liability caused by the active conduct or acts of the Grantor, its agents, invitees, or contractors which violate the terms and conditions of this Deed of Easement. 15. The Grantee agrees that the Greenway Easement shall not be open to the public until such time as construction of the Public Access Trail is completed. 16. The covenants agreed to and the terms, conditions, and restrictions imposed herein shall be binding upon the Grantor and its agents, heirs, and assigns and shall continue as a servitude running in perpetuity with the described land. The Grantor agrees that the terms, conditions, and restrictions of this Greenway Easement will be inserted by it in any subsequent deed or other legal instrument by which it divests itself of either the fee simple title to, or of its possessory interest in, the subject property. 17. The parties confirm and agree that the Grantee may convey, transfer, and assign this easement and its interest and rights acquired herein. 18. Should the Grantee or its assigns or successors -in -interest cease to develop, operate, or maintain the Public Access Trail, the Grantor may request that the Greenway Easement be vacated. Grantee or its assigns or successors -in -interest shall not unreasonably withhold approval of such request. 19. The Grantor acknowledges the right to receive just compensation and the right to request an appraisal for the property herein conveyed, and hereby waives those rights. Page 8 of 11 WITNESS the following signature and seal: SIGNATURES TO FOLLOW: Page 9 of 11 COMMONWEALTH OF VIRGINIA C__ 1 COUNTY -OF ROANOKE The foregoing instrument was acknowledged before me this ! day of__) u"'s `' 2021, by ) " GRANTOR: ROANOKE VALLEY RESOURCE AUTHORITY By: Printed name/ title: Daniel D. Miles Chief Executive Officer ) to -wit: My commission expires: tary Public Registration No. r � a 1 (SEAL) Page 10 of 11 COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE GRANTEE: THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: Printed name/ title: ) to -wit: The foregoing instrument was acknowledged before me this day of 2021, by My commission expires: Notary Public Registration No. (SEAL) Approved as to Form: County Attorney Page 11 of 11 LEGEND 0 PROPERTY CORNER 0 EASEMENT CORNER EASEMENT LEGEND PERMANENT GREENWAY EASEMENT - 1.05 AC. PERMANENT SWM EASEMENT - 0.09 AC. PERMANENT SLOPE EASEMENT - 0.04 AC. TEMPORARY CONSTRUCTION EASEMENT - 0.23 AC. THE INTENT OF THIS PLAT IS TO SHOW THE LOCATION OF PROPOSED EASEMENTS AND IS NOT INTENDED TO REPRESENT AN ACTUAL PHYSICAL IMPROVEMENT SURVEY. �\ %Af./080.00-05-02.01-0000 \ RVRA PROPERTY APPROX \ 5.717 ACRES LOCATION RESTRICTED 11 APPROX. LOCATION RESTRICTED /) EXCAVAT/ON AREAA / INST. /201402996 / EXCAVA170N AREA 82 INST. /201402996 APPROX. LOCATION RESTRICTED EXCAVATION AREA 81 INST. 1201402996 w 46 22^4 50 - C10. 4.65' 6.23' 049' 49 q3 140,55t, , 6T, co h LINE TABLE LINE BEARING DISTANCE L 1 N59'40 34 E 9.96' L2 536'13'46"E 25.46' L3 N24'40'27"W 9.74' L4 S06'4622"W 12.58' L5 S21°4854E 10.11'. L6 S88°18'46"W 11.03' L7 S75'58'11 W 48.38' L8 S53'08'2514/ 73.11' L9 559'49'434 55.72' L10 S59'49 43W 13.11' L11 N59'49'43"E 5.51' L12 N59'52°44"E 63.45' L13 N87'39'42 "W 80.21' L14 N30°10'054 109.82' L15 N17'28 22 E 10.08' L16 N30' 10'174 12219' CURVE TABLE CURVE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH DELTA ANGLE Cl 90.00' 72.80' S89'50'21 'E 70.83' 46'20'53" C2 90.00' 8.13' S64'04'40"E 8.13' 5'1029" C3 90.00' 80.43' S8715'07"E 78.23' 51'31'22" C5 130.00° 76.22' N10'01 '28"W 75.14 33'35'40" C6 68.33' 211.75' 583'13'38'E 136.63' 1773324" C7 40.00' 41.89' 536°46'22"W 40.00' 6770000" C8 50.00' 52.36' 536'46224 50.00' 60'0000" C9 8200' 35.86' S05'45'16 E 35.57' 25'03'16" C10 17Z49'79.03' N7224 00 E 78.38' 25'30'43" 011 170.00' 70,45' S71 °4204 4 69.95' 23'44'42" C12 120.00°51.64' N8720'41 E 51.25' 24'3929" C13 145.53' 44.53' N68°48'58"E 44.36' 17'32'00" C14 81.12' 76.96' S85'0521 E 74.11' 5421'37" 06 ° , 0 5568 NOTES: 1. OWNERS OF RECORD: ROANOKE VALLEY RESOURCE AUTHORITY 2. LEGAL REFERENCE: INSTRUMENT #201611794 3. TAX MAP NUMBER: 080.00-05-02.01-0000 4. THIS EXHIBIT SHOWS PROPOSED EASEMENTS LOCATED ON TAX PARCEL NUMBER 080.00-05-02.01-0000. EASEMENTS SHOWN HEREON EXTENDING ONTO ADJOINER PARCELS ARE ON SEPERATE EXHIBITS FOR THE RESPECTIVE PARCELS. 5. AREAS A, B1, AND B2 ARE SUBJECT TO THE RESTRICTIVE COVENANTS RECORDED IN INSTRUMENT #201402996, ROANOKE COUNTY CIRCUIT COURT CLERKS OFFICE. PLANNERS / ARCHITECTS / ENGINEERS / SURVEYORS ROANOKE/RICHMOND/NEW RIVER VALLEY / STAUNTON / HARRISONBURG / LYNCHBURG 1208 Corporate Circle /Roanoke, Virginia 24018 / Phone (540) 772-9580 / www.balzer.ce 0' 0 50' 100' 150' SCALE: 1 " = 50' EASEMENT EXHIBIT FROM RECORDS SITUATE ON RUTROUGH ROAD SHOWING THE LOCATION OF A PROPOSED PERMANENT GREENWAY EASEMENT, PERMANENT SWM EASEMENT, PERMANENT SLOPE EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA DATED 12-28-2020 JOB #04160062.00 SCALE: 1" = 50' BALZER & ASSOCIATES A LEGEND O PROPERTY CORNER ❑ EASEMENT CORNER EASEMENT LEGEND PERMANENT GREENWAY EASEMENT — 0.17 AC. PERMANENT DRAINAGE EASEMENT — 0.03 AC. PERMANENT SWM EASEMENT — 0.18 AC. PERMANENT SLOPE EASEMENT — 0.04 AC. TEMPORARY CONSTRUCTION EASEMENT — ±1.22 AC. 41' Ac KN THE INTENT OF THIS PLAT IS TO SHOW THE LOCATION OF PROPOSED EASEMENTS AND IS NOT INTENDED TO REPRESENT AN ACTUAL PHYSICAL IMPROVEMENT SURVEY. S78.57 �c T. M./080.00-05-03.00-0000 RVR4 PROPERTY 25.873 ACRES LJo a �W e e 20' TEMPORARY CONSTRUCTION EASEMENT TO FOLLOW EXISTING ROAD 9 SEE SHEET 2 FOR DETAIL o' 150' S58'14' USN 89.81 rtRO S76'77'41 "W 100.82' S63'59 '26 'W 86.78' _„gyp 19 "W f�'- 300' 450' SCALE: 1" = 150' NOTES: 1. OWNERS OF RECORD: ROANOKE VALLEY RESOURCE AUTHORITY 2. LEGAL REFERENCE: INSTRUMENT #201611794 3. TAX MAP NUMBER: 080.00-05-03.00-0000 4. THIS EXHIBIT SHOWS PROPOSED EASEMENTS LOCATED ON TAX PARCEL NUMBER 080.00-05-03.00-0000. EASEMENTS SHOWN HEREON EXTENDING ONTO ADJOINER PARCELS ARE ON SEPERATE EXHIBITS FOR THE RESPECTIVE PARCELS. 5. AREAS A, B1, AND B2 ARE SUBJECT TO THE RESTRICTIVE COVENANTS RECORDED IN INSTRUMENT #201402996, ROANOKE COUNTY CIRCUIT COURT CLERKS OFFICE. PLANNERS / ARCHITECTS / ENGINEERS / SURVEYORS ROANOKE/RICHMOND/NEW RIVER VALLEY /STAUNTON/HARRISONBURG/LVNCHBURG 1208 Corporate Circle /Roanoke, Virginia 24018 /Phone (540) 772-9580 / www.balzer.cc H �F Grp • i /« 1<ti. %,_,% ohn R. McAden Lic. No. 2002 12-28-2020 4 441.0 4 SURv1'�O EASEMENT EXHIBIT FROM RECORDS SITUATE ON RUTROUGH ROAD SHOWING THE LOCATION OF A PROPOSED PERMANENT GREENWAY EASEMENT, PERMANENT DRAINAGE EASEMENT, PERMANENT SWM EASEMENT, PERMANENT SLOPE EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA DATED 12-28-2020 JOB #04160062.00 SCALE: 1" = 150' SHEET 1 OF 2 BAIZER & ASSOCIATES LEGEND O PROPERTY CORNER ❑ EASEMENT CORNER EASEMENT LEGEND PERMANENT GREENWAY , EASEMENT - 0.17 AC. �••"•' PERMANENT DRAINAGE EASEMENT - 0.03 AC. ::: PERMANENT SWM :-: EASEMENT - 0.18 AC. PERMANENT SLOPE EASEMENT - 0.04 AC. i TEMPORARY CONSTRUCTION EASEMENT - ±1.22 AC. 4.64' 6.24' co C5 THE INTENT OF THIS PLAT IS TO SHOW THE LOCATION OF PROPOSED EASEMENTS AND IS NOT INTENDED TO REPRESENT AN ACTUAL PHYSICAL IMPROVEMENT SURVEY. 20' TEMPORARY CONSTRUCTION _ EASEMENT TO FOLLOW EXISTING ROAD 771j080.00-05-03.00-0000 RVRA PROPERTY 25.873 ACRES 7 06 (707) A=21.55' W ,NNL� �oZ 10 k 03 CD Qp Z nay 5n� GO RAPS Fill 0.0 75.78' YI 27.7' L12 TOT 0 � ������������� $0� 55129 ���4���+�X02 "_ 70.8 6.17'41,w 2' N/F ROANOKE VALLEY RESOURCE AUTHORITY T.M.#080.00- 05-04.00-0000 LINE TABLE LINE BEARING DISTANCE L1 S87'39'42'E 32.58' L2 N8721'07 E 114.52' L3 N76'36 21"E 104.43' L4 S13'42'19 'E 16.04' L5 S71'0246'E 3.57' L6 589'45'41"E 53.48' L7 S89'45'411- 90.98' L8 N88'1727'E 40.57' L9 5674620'E 59.39' L10 N88'18 24 E 50.15' L11 S71'0246'E 3.57' L12 S89'45'41 'E 10348' CURVE TABLE CURVE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH DELTA ANGLE Cl 140.00' 75.62' S86'31'151- 74.71' 30'56'58" C2 315.00' 102.89' S80'24 °74 E 102.44' 18'42'55" C3 170.19 ' 78.88' S83'09'42 'E 78.18' 26'33'23" C4 285.00' 93.09' S80'24'74"E 92.68' 18'42'55" C5 180.00' 75.33' S83'02 05'E 74.78' 23'58'38" C6 275.00' 68.28' S78'09 ',32"E 68.10 14'13'31" 0' 40° 80' 120° Nom- -� SCALE: 1" = 40' NOTES: 1. OWNERS OF RECORD: ROANOKE VALLEY RESOURCE AUTHORITY 2. LEGAL REFERENCE: INSTRUMENT #201611794 3. TAX MAP NUMBER: 080.00-05-03.00-0000 4. THIS EXHIBIT SHOWS PROPOSED EASEMENTS LOCATED ON TAX PARCEL NUMBER 080.00-05-03.00-0000. EASEMENTS SHOWN HEREON EXTENDING ONTO ADJOINER PARCELS ARE ON SEPERATE EXHIBITS FOR THE RESPECTIVE PARCELS. 5. AREAS A, B1, AND B2 ARE SUBJECT TO THE RESTRICTIVE COVENANTS RECORDED IN INSTRUMENT #201402996, ROANOKE COUNTY CIRCUIT COURT CLERKS OFFICE. EASEMENT EXHIBIT FROM RECORDS SITUATE ON RUTROUGH ROAD SHOWING THE LOCATION OF A PROPOSED PERMANENT GREENWAY EASEMENT, PERMANENT DRAINAGE EASEMENT, PERMANENT SWM EASEMENT, PERMANENT SLOPE EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA DATED 12-28-2020 JOB #04160062.00 SCALE: 1" = 40' SHEET 2 OF 2 PLANNERS / ARCHITECTS / ENGINEERS / SURVEYORS ROANOKE /RICHMOND / NEW RIVER VALLEY / STAUNTON / HARRISONBURG / LYNCHBURG 1208 Corporate Circle [Roanoke, Virginia 24010/Phone (540) 772-9580 / www.balzer.cc BALZER & ASSOCIATES 1 0 O CN W W0 01- m > w cc 1- 0 01- < 030 02 W Z Z U N w w N 1- z 0 0 0 0 w= w O w�"zwzfE op zN<p(nw00 0~ 000 I- d 1 2, o, N�h"g ONNOtl N"iNtl• Mo,n.ONO it,Oo4MO M v N7H FN^V•0tl•M0ON o,N^N;,,,,NNN^ 4424'58' 18'51'22" 1718'17" 6'07'13" 36'58'02" 3557'12" 36'06'04" 72'13 53 25'4126 1450 13 31'1857 Nam^N0g^(*0noi QU..O mh2 W R N8636'24 "W 583'29'02T N40'51 '40"E S53'0332E N82'31 '30"E N63'40'08.'5 NoiNNI'NNN•‹03W%Ny; 588'0722"E 501'25'14"E N40'1722 S73'01 36 E 502'14 44 574'10'53"EI 87130'47El N35'07 40 5 S72'3828 5 53920 06 E 561'50 32 N82'0324 E N36'56 28 E .- 0,o-vv�nNbnN J J J J J roJ J O CURVE TABLE CURVET RADIUS IARC LENGTH CHORD B£4RING C23 175.00' 135.66' 575'16'01"E N73'05'49"E N35'38'43'E 5515552"E N78'41 '59"E .9474759-5 '.5795334 E N71"14.36"5 559'4745"5 554'51 59 E 552'4527 N49'53 59 E 5702032'£ 1320.87° 1113.26' j �mhN0 119.76' 78.47' 28.62' 64.40' 72.99' 215.48' N68'41'19 E N83'54'04"E 873'17'07"E N75'14 50 E yVpV 0^N ,VOD 4)(n4)22 570'07'26"E N73'375.3"E 4+.1 Oh�h N'.OI atl coWN ql1 N88'48 11 5 55015 19 5 S79'53 34 E ARC LENGTH 35.52' ki0N0Vi 0.01.)oo� �N M^, ) a• 2i 72.41' 58.92' 63.01' 0004)0000000 00,50000000000,1.00000000 M00, N0^N^^%, E N 2 Z 1- w O 2 0w ¢ W Q owJWi-z w HaNw00 ¢Wort w w �� o aazi- p N -IQ O O No,> 00 r te p Z i Z U Z I- }} a O w 0- w o z -1(40 w 4 O V1 Z w N O N p¢ w W „, j'''4 1, 1 r 2 L'-' ,„1 LtOO= 0 0 0 o .01-0—,0 z. 1 R_O o, 0 cn< w Q • O OOZO 00 rs,oaoZNzw¢w w 0 0 O O,x' - Q N OO U OmwON ><O. - 0 Z< N N WW 3 0 Q= Q m z a z O w 1-F 1- N O z 0 Z N M � Li z 0 z W 0 W J z 0 Z Z as zz 00 O® O Hlb'ON OHO 3NOZ H1OOS r9OVN 3NV7d 31V15 VA `1Y03 ( o Z W z L LL ■■ tu) J w0 0,_:- LL, �,wi O¢,.,zw gQ fwwwl_cz 203Qw<E5 =WwQOWWoO5O00UNN 04z...:. :::• ,QZQmdF-zNOc =z_00L- oCScrx (no O WW � t X OJ �1-wz} gw� Q= m u > : W H=Ww<z<zo¢ozzzLd 0O 1 1, 2 izzQ� Ozo J m �2 • :` � �,'i Z 0 QQc0 . < • R22('42 ��w S 1-A n..0w>o o� 2 W w o' to c� Wfwd w� }m^ 0 Ow >zoi 0 m2m O 0 CwU 4�ti , Q N¢n =o Et-.. 2z,`�,. 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Q -0-,Ea W Q m j O__>y ¢ o !!w; EA z68 xE a o a ¢ a 0 w U 1' m O N C 0 0 z w 0 w J 0 PROPERTY CORNER m y of h O b ro v m 0 0 h 7 rn b 0 A 0 h 0 O rn N rn m N m ti iV s W a 01 0 kg h 2 A 2 zV h .44 M iV z b h co X to T % z s's 3 2 X 0, N 0 2 N ti r01 O "co X h 2 2 O M N 2 W 4) 01 2 V V V 01 03 m J NO O J N01 M J h ry� 01 01 N NN NN NN N NN NN NM H1Z8ON 0180 ,. 3NOZ H1/]OS £8OVN 0 3Nb7d 31 b1S VA CO o CC 0U -Hrin 11,1 w o \< }1wz(onHnzzwwzzwH / 0 0 PROPERTY CORNER §= z \ \®« WI W<X I --6/G« X�~®w§zz(§c �_~§/®�°©Kk\ o/Kw Cf) C0 e2 Eyz7\\E\(%\(\K ke®Jags/§i©> 03X25&°z3g/Dv v/ 1zoo z§°» c4\z �zzzzzu{:~®=®3 ==zz<z<z32o z\°72&$5/70n §\/&/±/\j& $ /�~ ± ® 0 SANG/ 3o Snz m01/& 3 ±V VA ( \ 0 \| §.., �\/ cez— /! \\ /! rr /\k m-01 0.zv > \\ 00 <0 00 \) op wo mE om aw oE WM \< OZ }( ch oo 1-0 zz zz 0 \ z 0 PROPERTY CORNER EASEMENT LEGEND 00 0 zp }wWMv 0< <m ,< )\ ; Mn §\ 0 \\ 0\ \\ \( \( }\ \) (§ \\ )\ VI 0 1— \ \«G Li Ely\3«//Gy ct��Gw\6z$\c §/5/z® /§\@S c E=cwu\�Su.}§\- LLyz/22uJ / 003$0 e%/3JgezzI2»= @z<e&°z§\d°»ze =z000 0 °°722 ////g3&§~/=�\ <z< 3<0 ZD <<LY$5/7°� §\2&/t/\jE § \�0_ ° ± J 0< k/| rgT\ /\/ 3/« - }) (0ik §\0 u0 0. 0 > ±O>o& 0000 3o ±fS£o& ( J 211,1S e § 0000 §j 0 z w w J 0 PROPERTY CORNER on-n,NO,w iRa h• r.. .NONVOH SYd HOZOD ' 0 Z w 0 W J EASEMENT U 0 26 V) 0 z 0 w O 0_ I w z z cn Uaoww_vz00a Li 2 a_ w w w w W 2 z w Qw cn o 0 O Ut`WQWO0>00° a. D0< DJ 1 Cfl W w i-15°wzOcnwz II (o>o - P.ZZ/) I N 0 n0Q YOwQm Uw lww- =z`60°1-0 O w wwW w¢Z¢ZOQO (n 1- QE_ZZ:E¢1 c) 3,;- ¢ O ¢ W �cD�CC0_W� zr Nz1w aw> W 3 a_ 0 F -- C/) O 0 L0 = z H1&0N 0/0 3NOZ H10O5 PROM 3NV7d 31 b1S VA >- >- in 0 zw 0 Q W CC 00 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 9, 2021 ORDINANCE AUTHORIZING THE ACQUISITION OF PERMANENT AND TEMPORARY EASEMENTS ON PARCELS OWNED BY THE ROANOKE VALLEY RESOURCE AUTHORITY (TAX MAP PARCEL NUMBERS 080.00-05-02.01-0000, 080.00-05-03.00-0000, AND 080.00-05-04.00- 0000) FOR DEVELOPMENT OF THE ROANOKE RIVER GREENWAY IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, the Roanoke River Greenway is a regional bicycle and pedestrian trail developing through the Roanoke Valley, linking the Cities of Roanoke and Salem, the Town of Vinton, and Roanoke County; and WHEREAS, in 2018 the Roanoke Valley Greenway Commission made the Roanoke River Greenway its number one priority in the region through the Roanoke Valley Greenway Plan; and WHEREAS, extension of the Roanoke River Greenway is supported in the Explore Park Adventure Plan and the Roanoke County Community Strategic Plan, adopted in 2016 by the Roanoke County Board of Supervisors; and WHEREAS, the National Park Service approved the Roanoke Valley/Blue Ridge Parkway Trail Plan in 2015 that supports development of an integrated trail system that provides connectivity between the Roanoke Valley Greenway network and the Blue Ridge Parkway (Parkway); and WHEREAS, Roanoke County partnered with the Parkway to submit a Federal Lands Access Program grant application that was approved in 2016 for engineering, right- of-way acquisition, and construction of the Roanoke River Greenway proposed between the Blue Ridge Parkway and Explore Park; and Page 1 of 3 WHEREAS, on February 28, 2017, the Board of Supervisors accepted the grant funding, and a Memorandum of Agreement was executed on June 6, 2017 between the Federal Highway Administration -Eastern Lands Division, Virginia Department of Transportation, and Roanoke County; and WHEREAS, Roanoke County is overseeing the design and construction of the Roanoke River Greenway proposed on the south side of the Roanoke River with a parking lot proposed at the corner of Highland and Rutrough Roads, crossing through the closed regional landfill owned by the Roanoke Valley Resource Authority (RVRA), connecting to the Back Creek Overlook located on the Roanoke River Parkway, and crossing through a tunnel located underneath the Roanoke River Parkway before connecting into Explore Park; and WHEREAS, temporary and permanent easements are needed for the greenway proposed across three parcels owned by the RVRA, identified as Roanoke County Tax Map Numbers 080.00-05-02.01-0000, 080.00-05-03.00-0000, and 080.00-05-04.00-0000 WHEREAS, the RVRA Board of Directors approved the donation and conveyance of the required temporary and permanent easements to Roanoke County for design and construction of the Roanoke River Greenway; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on January 26, 2021, and the second reading was held on February 9, 2021. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 2 of 3 1. That the acquisition of permanent and temporary easements on parcels owned by the Roanoke Valley Resource Authority (Roanoke County Tax Map Numbers 080.00-05-02.01-0000, 080.00-05-03.00-0000, and 080.00-05-04.00-0000) as shown on the three attached plats dated December 28, 2020 and prepared by John R. McAden, is hereby authorized and approved. 2. That the County Administrator is authorized to execute, deliver and record the deed, and any other documents on behalf of the County and to take such further actions as he may deem necessary or desirable in connection with this project. The form of the proposed deed is hereby approved with such completions, omissions, insertions and changes as the County Administrator may approve, whose approval shall be evidenced conclusively by the execution and delivery thereof, all of which shall be approved as to form by the County Attorney. 3. That this ordinance shall be effective from and after the date of its adoption. 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: February 9, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Ordinance authorizing the acquisition of permanent and temporary easements at Explore Park owned by the Virginia Recreational Facilities Authority (Tax Map Parcel Number 080.00-05-24.00-0000) for development of the Roanoke River Greenway in the Vinton Magisterial District Doug Blount Director of General Services and Parks, Recreation Daniel R. O'Donnell County Administrator Ordinance authorizing the acquisition of permanent and temporary easements at Explore Park owned by the Virginia Recreational Facilities Authority (Tax Map Parcel Number 080.00-05-24.00-0000) for development of the Roanoke River Greenway in the Vinton Magisterial District. BACKGROUND: The Roanoke River Greenway is a regional bicycle and pedestrian trail developing through the Roanoke Valley, linking the Cities of Roanoke and Salem, the Town of Vinton, and Roanoke County. The 2018 Roanoke Valley Greenway Plan identifies the Roanoke River Greenway as its number one priority in the region, as shown on the attached map. The greenway will serve as the primary non -motorized transportation facility providing a critical link between the urbanized areas in Virginia's Blue Ridge, the Blue Ridge Parkway, and Explore Park. The 2007 Roanoke County Comprehensive Master Plan for Parks and Facilities identifies the development of greenways and trails as a high priority desired by citizens. Extension of the Roanoke River Greenway is supported in the Explore Park Adventure Plan and the Roanoke County Community Strategic Plan, adopted in 2016 by the Roanoke County Board of Supervisors. The National Park Service (NPS) approved the Roanoke Valley/Blue Ridge Parkway Page 1 of 3 Trail Plan in 2015 that supports development of an integrated trail system that provides connectivity between the Roanoke Valley Greenway network and the Blue Ridge Parkway (Parkway). Roanoke County partnered with the Parkway to submit a Federal Lands Access Program (FLAP) grant application that was approved in 2016 for engineering, right-of-way acquisition, and construction of the Roanoke River Greenway proposed between the Blue Ridge Parkway and Explore Park. On February 28, 2017, the Roanoke County Board of Supervisors accepted the grant funding, and a Memorandum of Agreement was executed on June 6, 2017 between the Federal Highway Administration -Eastern Federal Lands Division (EFLHD), Virginia Department of Transportation (VDOT), and Roanoke County. DISCUSSION: The proposed two-mile section of greenway will be an 8 -10 -foot -wide, paved, shared use path for pedestrians and bicyclists. The greenway will be located on the south side of the Roanoke River with a parking lot proposed at the corner of Highland and Rutrough Roads, as shown on the attached project map. The greenway will cross through the closed regional landfill owned by the Roanoke Valley Resource Authority (RVRA), connect to the Back Creek Overlook located on the Roanoke River Parkway, and cross through a tunnel located underneath the Roanoke River Parkway before connecting into Explore Park. Construction of this greenway segment is anticipated to begin in 2021. Permanent and temporary easements are required for construction and maintenance of the greenway at Explore Park which is owned by the Virginia Recreational Facilities Authority (VRFA), identified as Tax Map Parcel Number 080.00-05-24.00-0000 on the attached plat prepared by Balzer & Associates. The VRFA Board of Directors approved the donation and conveyance of the permanent and temporary easements on October 1, 2020. Attached is a deed of easement that has been signed by the VRFA Board Chairman. The greenway is a Locally Administered Project (UPC No. 110155) with oversight from VDOT. For federal -aid projects, VDOT is required by the U.S. Department of Transportation -Federal Highway Administration (FHWA) to certify local government compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act), as amended, found in Title 42 Chapter 61 of the United States Code and the implementing regulations found in 49 CFR Part 24. The VRFA has been informed of their right to an appraisal and compensation for the value of the easements; however the VRFA has waived these rights. There have been no changes since the first reading held on January 26, 2021. FISCAL IMPACT: Page 2 of 3 There are no costs associated with the acquisition of the permanent and temporary easements. The value of the temporary and permanent easements donated by the VRFA will count towards the local match required for the project. Roanoke County will be responsible for the future maintenance of the greenway. STAFF RECOMMENDATION: Staff recommends approving this ordinance. Page 3 of 3 1 -Appalachian Trail 2 - Back Creek Greenway 3 - Barnhardt Creek Greenway 4 - Birding and Wildlife Trail Sites 5 - Blue Ridge Parkway Trails 6 - Carvin Creek Greenway 7 - Carvins Cove Trail Network 8 - Carvins Cove Connections 9 - Catawba Greenway 10 - City, County and Town Park Trails 11 - Craig Creek Trail 12 - Daleville Greenway* 13 - Eagle Rock Greenway 14 - Elizabeth Greenway 15 - Explore Park Trail Network 16 - Garden City Greenway 2018 Greenway Plan Network Map IMP REGIONAL(: 17 - Gish Branch Greenway 18 - Glade Creek Greenway 19 - Gladetown Trail 20 - Green Hill Park Trails 21 -Greenfield Trails 22 - Hanging Rock Battlefield Trail 23 - Havens Wildlife Management Area Trails 24 - Hinchee Trail 25 - James River Greenway 26 - Jefferson National Forest Trails 27 - Lick Run Greenway 28 - Long Ridge Trail 29 - Mason Creek Greenway 30 - Masons Cove Greenway 31 -Mill Mountain Greenway 32 - Mill Mountain Park Trails 33 - Mudlick Creek Greenway 34 - Murray Run Greenway 35 - National Forest Connections 36 - Perimeter Trail 37 - Poor Mountain Trails 38 - Read Mountain Greenway 39 - Read Mountain Trails 40 - Roanoke River Greenway 41 - Roanoke River Greenway Extensions 42- Spring Hollow Trails 43 - Tinker Creek Greenway* 44 - Wolf Creek Greenway *Please see Appendix E for more information about the AppendixH-3 alternative alignments for Tinker Creek and Daleville Greenways. 0 0.75 1.5 Legend Proposed Greenways Category 1 Roanoke River Greenway, Unbuilt - Category 2 Hard Surface Greenways and Trails, Unbuilt - Category 3 Greenways and Trails in Design - Category 4 Conceptual Greenways and Trails - Category 5 Built Greenways and Trails - National Forest Trails - Appalachian Trail U.S. Bicycle Route 76 QLocality Bounderies f_ Public Lands 3 4.5 6 Miles Virginia Recreational Facilities 1191S N O � N -CC y G u) 7 O 7 7 7L 0 W 0 r x w 0 0 0 0 77 0 c 0 0 0 0 O • u O 0 c 00_ w � Prepared by: Rachel Lower, Senior Assistant County Attorney (VSB #88094) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 Prepared by the Office of the Roanoke County Attorney Official Tax Map No. 080.00-05-24.00-0000 Property Owner: Virginia Recreational Facilities Authority THIS CONVEYANCE IS EXEMPT FROM RECORDATION TAXES AND FEES PURSUANT TO VIRGINIA CODE § 58.1-811(A)(3), § 58.1-811(C)(4), § 17.1-266, AND § 17.1-279(E) THIS DEED OF EASEMENT, is entered into this day of 2021, by the VIRGINIA RECREATIONAL FACILITIES AUTHORITY (hereinafter referred to as the "Grantor"), a political subdivision of the Commonwealth of Virginia, and the BOARD OF SUPERVISORS OF ROANOKE COUNTY (hereinafter referred to as the "Grantee"), a political subdivision of the Commonwealth of Virginia. WITNESSETH: WHEREAS, the Roanoke River Greenway is a developing bicycle and pedestrian trail identified in the regionally approved Roanoke Valley Conceptual Greenway Plan, as updated in 2018, endorsed by the City of Roanoke, County of Roanoke, County of Botetourt, City of Salem, and Town of Vinton; and WHEREAS, the 2016 Explore Park Adventure Plan adopted by the Roanoke County Board of Supervisors and the Virginia Recreational Facilities Authority support extension of the Roanoke River Greenway through Explore Park; and WHEREAS, the 2007 Roanoke County Comprehensive Master Plan for Parks and Facilities identified the development of greenways and trails as a high priority desired by citizens in Roanoke County; and WHEREAS, an easement is needed for the eastern section of the Roanoke River Greenway ("PUBLIC ACCESS TRAIL") across portions of the Grantor's property designated as Roanoke County Tax Map No. 080.00-05-24.00-0000, and more particularly described upon the plat dated 1/14/21 Page 1 of 8 Prepared by: Rachel Lower, Senior Assistant County Attorney (VSB #88094) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 July 19, 2020 prepared by John R. McAden, said plat being attached as Exhibit A (comprised of 4 total sheets) and to be recorded in the Clerk' s Office at the Circuit Court of Roanoke County, Virginia with this Deed; and WHEREAS, Grantee has requested, and the Grantor has agreed to, the conveyance of a permanent greenway easement and herein referred to as "Greenway Easement", to the Grantee for use as a PUBLIC ACCESS TRAIL; and WHEREAS, Grantor has also agreed to the conveyance of certain other drainage, slope, and temporary construction easements to the Grantee. NOW THEREFORE, FOR AND IN CONSIDERATION of the sum of DOLLARS ($ .00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby GRANTS and CONVEYS with General Warranty and Modern English Covenants of Title unto the Grantee, its successors and assigns, the following described easements, in the County of Roanoke, Virginia, to wit: A PERMANENT GREENWAY EASEMENT, herein referred to as "Greenway Easement", consisting of 2.25 total acres, more or less, to construct, improve, operate, inspect, use, monitor, maintain, repair or replace a PUBLIC ACCESS TRAIL upon, over, through, and across the parcel of land belonging to the Grantor, acquired and recorded in the Clerk' s Office at the Circuit Court of Roanoke County, Virginia in Deed Book 1483, Page 1165 and designated on the Roanoke County Land Records as Tax Map No. 080.00-05-24.00-0000. The location of said "permanent greenway easement" shall be within the area as shown upon the plat dated July 19, 2020 prepared by John R. McAden, said plat being attached as Exhibit A and to be recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia with this Deed. Together with a PERMANENT DRAINAGE EASEMENT consisting of 1,600 total square feet, more or less, through and across the parcel of land belonging to the Grantor, acquired and recorded in the Clerk' s Office at the Circuit Court of Roanoke County, Virginia in Deed Book 1483, Page 1165 and designated on the Roanoke County Land Records as Tax Map No. 080.00-05-24.00-0000. The 1/14/21 Page 2 of 8 Prepared by: Rachel Lower, Senior Assistant County Attorney (VSB #88094) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 below: location of said "permanent drainage easement" shall be within the area as shown upon Exhibit A. Together with a PERMANENT SLOPE EASEMENT consisting of 0.72 total acres, more or less, through and across the parcel of land belonging to the Grantor, acquired and recorded in the Clerk' s Office at the Circuit Court of Roanoke County, Virginia in Deed Book 1483, Page 1165 and designated on the Roanoke County Land Records as Tax Map No. 080.00-05-24.00-0000. The location of said "permanent slope easement" shall be within the area as shown upon Exhibit A. Together with a TEMPORARY CONSTRUCTION EASEMENT consisting of 1.79 total acres, more or less, through and across the parcel of land belonging to the Grantor, acquired and recorded in the Clerk's Office at the Circuit Court of Roanoke County, Virginia in Deed Book 1483, Page 1165 and designated on the Roanoke County Land Records as Tax Map No. 080.00-05-24.00-0000. The location of said "temporary construction easement" shall be within the area as shown upon Exhibit A. The temporary construction easement shall automatically expire upon completion of construction or substantial completion. The Grantor agrees that the Grantee will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable to its condition at the time the easement was granted, and that the Grantor will cooperate with the Grantee in effectuating such restoration. Said PERMANENT EASEMENTS shall be subject to the terms and conditions stated 1. The Grantor hereby grants to the Grantee and the general public free access to and use of the Public Access Trail within the Greenway Easement subject to the laws and ordinances of Roanoke County, for the purposes including but not limited to: walking, jogging, hiking, bicycle riding, horseback riding, and nature study. The general public shall have no right to construct or improve any portion of the Greenway Easement and Public Access Trail. 2. The Greenway Easement herein conveyed shall be appurtenant to the Grantor's lands over which it runs and shall convey to the Grantee the perpetual right to install and 1/14/21 Page 3 of 8 Prepared by: Rachel Lower, Senior Assistant County Attorney (VSB #88094) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 maintain improvements, the right to go on, over and upon the said Greenway Easement for the purposes of installing, maintaining, repairing and replacing the improvements necessary for the Public Access Trail. 3. Public access with any type of motor vehicle, including but not limited to motorcycles, four-wheel drives, motor bikes, mopeds, ATVs, and snowmobiles, shall be prohibited except for construction, inspection, responding to emergency calls, maintenance, or reconstruction of the Public Access Trail within the Greenway Easement area by the Grantee or to the extent such vehicles are necessary for accessibility under the Americans with Disabilities Act unless otherwise approved by a private vendor land lease for the recreation operations at Explore Park. 4. The Grantor shall be considered the fee owner of the Greenway Easement for purposes of determining development density standards under applicable zoning and land use regulations. 5. The Grantor shall retain the right to use the land subject to the Greenway Easement acquired herein in Exhibit A in any manner which shall not interfere with the use and enjoyment of said rights for recreational access to the Public Access Trail. 6. The Grantor shall not erect any building, fence, sign, guardrail, or other structure over the easement so as to render the Greenway Easement inaccessible, except that fences and gates may be erected and/or maintained with the mutual consent of the Grantor and Grantee. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. 1/14/21 Page 4 of 8 Prepared by: Rachel Lower, Senior Assistant County Attorney (VSB #88094) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 7. There shall be no excavation or dredging, or dumping of ashes, garbage, waste, brush or other unsightly or offensive material on the Greenway Easement or Public Access Trail by the Grantor or Grantee, and their agents or licensees, other than by Grantee during the existence of the Temporary Construction Easement. 8. Any construction by the Grantor of roads or driveways within the Greenway Easement or crossing the Public Access Trail must be approved by the Grantee and designed in coordination with the Grantee to facilitate a safe and convenient crossing of the road by Public Access Trail users. 9. The Grantor shall have no maintenance responsibility whatsoever of the Public Access Trail within the Greenway Easement. 10. The Grantee may erect within the Greenway Easement markers, kiosks, litter receptacles, vehicle control barriers, benches, bridges, signage, fences, and gates, as deemed necessary for preservation of the Greenway Easement, use of the Public Access Trail, and safety of the Public Access Trail users. No other building or above grade structure shall be constructed by the Grantee or Grantor within the Greenway Easement without written permission of both. 11. The Grantee and its agents shall have the right to inspect the Greenway Easement and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within or upon the easements that in any way endanger or interfere with the proper use of the same. 12. The Grantee shall have the right and duty to ensure maintenance of the Public Access Trail and the easements for as long as it holds the Greenway Easement rights hereunder. 1/14/21 Page 5 of 8 Prepared by: Rachel Lower, Senior Assistant County Attorney (VSB #88094) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 13. The Grantee shall not deny the Grantor access to the Public Access Trail or Greenway Easement. 14. The Grantee agrees to defend, indemnify, and hold harmless Grantor from and against any and all claims, demands, actions, damages, losses, and liabilities to the extent permitted by the law and without waiving any claim of sovereign immunity. However, the Grantor shall not be held harmless from liability caused by the active conduct or acts of the Grantor, its agents, invitees, or contractors which violate the terms and conditions of this Deed of Easement. 15. The covenants agreed to and the terms, conditions, and restrictions imposed herein shall be binding upon the Grantor and its agents, successors, and assigns and shall continue as a servitude running in perpetuity with the described land. The Grantor agrees that the terms, conditions, and restrictions of this Greenway Easement will be inserted by it in any subsequent deed or other legal instrument by which it divests itself of either the fee simple title to, or of its possessory interest in, the subject property. 16. Should the Grantee or its assigns or successors cease to develop, operate, or maintain the Public Access Trail, the Grantor may request that the Greenway Easement be vacated. Grantee or its assigns or successors shall not unreasonably withhold approval of such request. 17. The Grantor acknowledges the right to receive just compensation and the right to request an appraisal for the property herein conveyed, and hereby waives those rights. WITNESS the following signatures and seals: SIGNATURES TO FOLLOW: 1/14/21 Page 6 of 8 Prepared by: Rachel Lower, Senior Assistant County Attorney (VSB #88094) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 GRANTOR: VIRGINIA RECREATIONAL FACILITIES AUTHORITY By Printed name/title: C -- Lir COMMONWEALTH OF VIRGINIA ) OF ROANOKE ) to -wit: cI7 The foregoing instrument was acknowledged before me this /amu- day of a fve r 2020, by kf /V, 07 C 3 r4 -1-t7" My commission expires: r &it . '3i 03 3 Nota ` ' lc Registration No. I) talo 3K.)-4- (SEAL) 00,0118„ • \•\ ....., NOTARY PUBLIC c * ;REG. #7693822 * =_ MISSION ` Q p•. MY COMMISSION EXPIRES Z 0113112023 ' �: 6;41- t,/PEAg,•,I it 0% 9/22/20 Page 7 of 8 Prepared by: Rachel Lower, Senior Assistant County Attorney (VSB #88094) Roanoke County Attorney's Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 GRANTEE: COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: Printed name/title: ) ) to -wit: The foregoing instrument was acknowledged before me this day of 2021, by My commission expires: Notary Public Registration No. (SEAL) Approved as to form: County Attorney 1/14/21 Page 8 of 8 AUTHORITY O 0 u_ a w o W o Q 0 a Ow wvi. 0 W BOJ O O W w N F- r 0 I i00 zoo O mI J 0 p O 1.1.1 W ?wp = 0 W 00 H.Z Li c2, o W cE 0= wZm _ CCw� U) O (0 w Z O0 Z O w 1- cnm¢ - w a waw¢ Q } W 1- O_I 1- 0 0 W�> Z -N vi i Z I W 0 W J 1-(f) W O W W Z 0 Q F- 0 Z p Q wO F - CLQ ct •to o 0 z W W J Cc - w z moo? oao C)0_ ZI- J Z LLI O Z W 0 CI- U W 0❑O 0 Z W 0 w J EASEMENT ' / / % 0 i/ \. f 133HS' ^ / £ 133HS'3N07H01 t/W 1 / / 'r 0 0 Z (/) w W ct ®OOw�zj�Q1— 0 o O a W Lj W w E z o - C Cr) fn W z i- O' O O =QwWv/�oxooc,w 000rct w�0 (NC —> 1.1-1-0Z<a-1- CZ`-° > H0Qw<OzzI0N'-Q -3Z000,0 (.D OOZLI1� d O i_ H w} 1 Y 2 m Q O I--=wwzQZOao�,_ Z Q I- Z Q O O¢ O W F O g z O w W i z cc E d >� w W 1 ID a d d ,- o =Z n Q / Pc4 6 SCALE: 1" = 300' 4 '6, c , 09 f'Y£' £'Z 90 cP-N 0000 CO OS W s.0 ei s\ • 0 ]- aIN3b"'y AtlM N33 23,11, ! •. 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O Z Q 133HS F 133HS 3N/7HH21ViV DELTA ANGLE 41°10'18" 72'44'47" 5735'53` I )^4141 O,N^N^^'�^tl- ,�LnNN 717'17` 16'0757' 225.36' 125.25' D, leo 'n�� 39.19' 74.88' oROON a O,D Oh PO bO a yNo-N S45'34 29 E S79'40 22 E -nN N71'43°08 E N88'39 54 E N59°45:57”E N79'34 '23'E S54'32'02 -E S25'40 23 E f OR b ARC LENGTH 143.72' ,-.ON-NN 167.40' 86.33' 0.1,-• ncdb 00000- 00000000000000^N0000 0000000Qa0000hhhho 00,^l0b0:n0'nNNNbo'd^NN^0 N^^N^NN 000• Nnn^nhehNNNN'� o• • 1\000• ODUUUUUU 0^N^1 w'mmN,00010n UQOUODUUQUUU hbn 0 W 0 EASEMENT H1- z w z U Q wN O H w • 00 ~ . 3 Z <.7 0 a ww Zo w0M 0 m aM 01 0 H- } 1 I >Q W~ al- �z zw ow <0 5, 00 w YV .„a, n o 0 0 H W a 0 z W 0 W J w, z 00 ccz 000 Uwa 0z wlelg O Z 0,000 O❑O 0 0 Q OLn o o >- S f— W eco W H 0 cf) Z ( 0 W 0 (n Z W_ OI—W Woo -1 az< 0 O Q W z -.1 Q W U Z W Z 0J W Li W W O Ld h- L J 0 Lip 40" 404 9_L9 eta. 0 UIO r ^f U7 IX]nV Ni A2 .91, NONVUE11Sb=dJ L9U09lb091 X91 0 0 0 0 0 0 ~ (f) w w 0 cn oz� 0 Z ® Or cL ZW UQ w O W W� W Y Z CJ W Z 0000 W W Q O 0> O• 0 d00' 08°>-W W0J (I°Ow c Y Z 0 W Q 00 Z 0 C W H hW- qOW OO WO�0 <L��', il Z 0 0 0 H U U O O W W d O J H I— W�-:4 m Q S Z zZ<OLij Oz0 •)1— ILELLJLL,L2JZ-< zOcc0 0 F W( W' m W m u U) X O 0- 1- z H � a 21 lljmo h n wiE O 5,--: o W r N) Z Z c a OZ H m (11 1 u m O O Wj N 10 Uso �_II Q ,L a N z a M_l u W Z ? 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O Z Q 133HS F 133HS 3N/7HH21ViV AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 9, 2021 ORDINANCE AUTHORIZING THE ACQUISITION OF PERMANENT AND TEMPORARY EASEMENTS AT EXPLORE PARK OWNED BY THE VIRGINIA RECREATIONAL FACILITIES AUTHORITY (TAX MAP PARCEL NUMBER 080.00-05-24.00-0000) FOR DEVELOPMENT OF THE ROANOKE RIVER GREENWAY IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, the Roanoke River Greenway is a regional bicycle and pedestrian trail developing through the Roanoke Valley, linking the Cities of Roanoke and Salem, the Town of Vinton, and Roanoke County; and WHEREAS, in 2018 the Roanoke Valley Greenway Commission made the Roanoke River Greenway its number one priority in the region through the Roanoke Valley Greenway Plan; and WHEREAS, extension of the Roanoke River Greenway is supported in the Explore Park Adventure Plan and the Roanoke County Community Strategic Plan, adopted in 2016 by the Roanoke County Board of Supervisors; and WHEREAS, the National Park Service approved the Roanoke Valley/Blue Ridge Parkway Trail Plan in 2015 that supports development of an integrated trail system that provides connectivity between the Roanoke Valley Greenway network and the Blue Ridge Parkway (Parkway); and WHEREAS, Roanoke County partnered with the Parkway to submit a Federal Lands Access Program grant application that was approved in 2016 for engineering, right- of-way acquisition, and construction of the Roanoke River Greenway proposed between the Blue Ridge Parkway and Explore Park; and Page 1 of 3 WHEREAS, on February 28, 2017, the Board of Supervisors accepted the grant funding, and a Memorandum of Agreement was executed on June 6, 2017 between the Federal Highway Administration-Eastern Lands Division, Virginia Department of Transportation, and Roanoke County; and WHEREAS, Roanoke County is overseeing the design and construction of the Roanoke River Greenway proposed on the south side of the Roanoke River with a parking lot proposed at the corner of Highland and Rutrough Roads, crossing through the closed regional landfill owned by the Roanoke Valley Resource Authority, connecting to the Back Creek Overlook located on the Roanoke River Parkway, and crossing through a tunnel located underneath the Roanoke River Parkway before connecting into Explore Park; and WHEREAS, temporary and permanent easements are needed for the greenway at Explore Park proposed across a parcel owned by the Virginia Recreational Facilities Authority (VRFA), identified as Roanoke County Tax Map Number 080.00-05-24.00- 0000; and WHEREAS, the VRFA Board of Directors approved the donation and conveyance of the required temporary and permanent easements to Roanoke County for design and construction of the Roanoke River Greenway; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on January 26, 2021, and the second reading was held on February 9, 2021 NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 2 of 3 1. That the acquisition of temporary and permanent easements on parcels owned by the Virginia Recreational Facilities Authority (Roanoke County Tax Map Number 080.00-05-24.00-0000) as shown on the attached plat dated July 19, 2020 and prepared by John R. McAden, is hereby authorized and approved. 2. That the County Administrator is authorized to execute, deliver and record the deed, and any other documents on behalf of the County and to take such further actions as he may deem necessary or desirable in connection with this project. The form of the proposed deed is hereby approved with such completions, omissions, insertions and changes as the County Administrator may approve, whose approval shall be evidenced conclusively by the execution and delivery thereof, all of which shall be approved as to form by the County Attorney. 3. That this ordinance shall be effective from and after the date of its adoption. Page 3 of 3 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: February 9, 2021 AGENDA ITEM: Ordinance amending Article I (General Provisions), Article II, (Definitions and Use Types), Article III (District Regulations), Article IV (Use and Design Standards) and Article V (Development Standards) of the Roanoke County Zoning Ordinance SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: Second reading and public hearing of an ordinance to amend the Roanoke County Zoning Ordinance. BACKGROUND: Planning staff continually works with the Planning Commission on reviewing the County's development regulations and recommending amendments when appropriate. In September, 2020, the Board of Supervisors adopted a resolution requesting the Planning Commission to make recommendations on the regulation of short- term rentals and temporary construction yards for public infrastructure projects. DISCUSSION: During the past year, planning staff has worked with the Planning Commission on proposed amendments to the County's Zoning Ordinance. Amendments are proposed in all five (5) articles of the Zoning Ordinance. The proposed amendments would correct inconsistencies, update information, clarify regulations, add new or revise regulations dealing with home beauty/barber salon, short-term rentals, temporary Page 1 of 2 construction yards, and yard encroachments, and would change some uses allowed currently as a special use to a use permitted by right. Specifically, the proposed amendments would: amend the application requirements, and time limitations in Sec. 30-19 Special Use Permits in Article I (General Provisions); add definitions for temporary construction yard and short-term rental, and amend the definition for home beauty/barber salon in Article 11 (Definitions and Use Types); add religious assembly as a permitted use in the AG -3 Agricultural/Rural Preserve District, add commercial indoor amusement as a permitted use in the C-2 High Intensity Commercial District, and add short-term rental as a permitted use in the AG -3 Agricultural/Rural Preserve District, AG -1 Agricultural/Rural Low Density District, AR Agricultural/Residential District, AV Agricultural/Village Center District, R-1 Low Density Residential District, R-2 Medium Density Residential District, C-1 Low Intensity Commercial District, and C-2 High Intensity Commercial District in Article III (District Regulations); add use and design standards for short-term rental, and amend the use and design standards for home beauty/barber salon, and multi -family dwelling in Article IV (Use and Design Standards); and amend Sec. 30-100-2 dealing with yard, setback, coverage, and height requirements, and add a new section on temporary uses including standards for temporary construction yards in Article V (Development Standards). The proposed amendments would also amend various sections in Article 1, Article III, Article IV, and Article V changing department of community development to department of development services and/or department of planning. The Planning Commission held a public hearing on the proposed amendments on January 5, 2021. No citizens spoke at the public hearing. Two emails from citizens were received prior to the public hearing. One email raised questions regarding temporary construction yards and short-term rentals. The other email supported the short-term rental regulations proposed in the ordinance. The Planning Commission recommends approval of the proposed amendments to the County's Zoning Ordinance. There have been no changes since the first reading of this ordinance on January 26, 2021. FISCAL IMPACT: There is no funding issue on this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the ordinance amending the Roanoke County Zoning Ordinance. Page 2 of 2 Page 1 of 1 Susan McCoy - [EXTERNAL] - Zoning Ordinance From: "Don Witt" <drwitt@cox.net> To: <planninggroanokecountyva.gov> Date: 1/4/2021 11:53 AM Subject: [EXTERNAL] - Zoning Ordinance Thank you for the opportunity to comment on the proposed zoning ordinance changes. Most changes make sense but I have some questions about clarifications. Not having the entire code in front of me, my questions may be clarified elsewhere. Sec. 30-28 Temporary construction yard. I did not see a time limitation on "temporary." Nor did I see any time limit in Sec. 10-100-14. At Penn State there were "temporary" wood framed residential dormitories built in 1943 that were still used in 1980. Sec. 30-29-5 Short Tem Rental . Could I rent for 30 days, skip a day, and rent for another 30 days to the same entity? This potential problem is addressed under "Temporary" but not under "short term. Sec. 30-100-14. Consider defining "limited duration." See 30-28 above. Sec. 30-100-14 B.1.c. Consider deleting subparagraph as an unnecessary expense for a temporary issue. p.s. Great article in the paper yesterday. Keep up the good work. Retired Architect 540-793-5991 drwitt@cox.net WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. fi le:///C:/Users/smccoy/AppData/Local/Tem p/XPgrpwise/5FF301AAPO2_DOMAINM-Z... 1 /1 1/2021 Page 1 of 1 Philip Thompson - [EXTERNAL] - Update Re: Short-term Rentals / Proposed Amendments From: <smlemmer@aol.com> To: <pthompson@roanokecountyva.gov> Date: 12/31/2020 3:40 PM Subject: [EXTERNAL] - Update Re: Short-term Rentals / Proposed Amendments Cc: <kmcmurray roanokecountyva.gov> Mr. Thompson, very much appreciate you getting back to me quickly and elaborating on the process of zoning ordinance amendments. I am hoping the Planning Commission will recommend the amendments pertaining to short-term rentals to the Board of Supervisors and that after consideration and public hearings the Board will approve the application. That way each property owner in Hunting Hills would have to apply for a special use permit before operating a short-term rental and be subject to public hearings. This would give the Hunting Hills residents opportunities to express their concerns and hopefully have them addressed. Sally Lemmer WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file:///C:/Users/pthompson/AppData/Local/Temp/XPgrpwise/5FEDFOFEPO2_DOMAIN... 1/15/2021 To: Roanoke County Supervisors Re: Proposed Zoning Amendment —Temporary Construction Yards From: Grace Terry 4718 Wembley PI SW Roanoke VA 24018 This comment presents objections to a proposed zoning amendment on Temporary Construction Yards to go before the Board for a First Reading on January 26, 2021. 1. Zoning Amendment would have the effect of allowing the Mountain Valley Pipeline project to establish construction yards without any longer having the restrictions currently available in agricultural zoning classifications where the construction developers have to obtain a special use permit. 2. By eliminating the process of a special use permit, that eliminates the chance for public input or review. 3. Without the chance for public input or review, the County would be allowing conditions that could be dangerous for a community. 4. The wording of the zoning change is confusing in that it states a restriction of a location within 500 feet of the actual work and, then immediately suggests that there is not requirement to adhere to that if it is "not practicable". 5. The proposed change cedes decision making to the Zoning Administrator thereby further taking away the rights of citizens since they would no longer be able to raise concerns with their elected officials, the supervisors. 6. Definition of "Temporary" is not specified in the ordinance which would have the effect of NO regulatory oversight on how long the disruption of a construction yard with increased traffic, noise, dust, 7. The amendment treats all current zoning districts as equal when, in reality, the presence of a construction yard with heavy equipment and workers would present varying challenging circumstances depending on the surrounding zoning. 8. Strong justifications for this proposed change were not evident in watching the video of the Planning Commission's discussion during the January 5, 2021, Public Hearing. It was simply stated that Staff and Commissioners had "talked about it a lot." Staff, Commissioners and Supervisors may state that this zoning ordinance change is only intended to accommodate "public infrastructure projects" such as sewer lines, water lines, etc. However, the Pipeline Project is frequently referred by the Pipeline Develop as a "utility". Landowners and Citizens of Roanoke County who are negatively affected by having this project on our farms and in our midst know better, but the legal language of this proposed change does NOT exclude the Pipeline. On behalf of my family and neighbors on Bent Mountain who oppose the Mountain Valley Pipeline Project, PLEASE DO NOT APPROVE THIS ZONING AMENDMENT CHANGE IN THE FORM THAT IT IS CURRENTLY PROPOSED. Respectfully, Grace Terry N 0 , c _, o c c 0 *,-g E 0 2 0) 0 c E 'c Q O N 0) c 4) 4) N ( O 0 O O 0 - 2 (r) "5 2 0 0 m Zoning Ordinance Amendments 0 .c 0 O Q O Q O O E E -a -a O O E E Q Q • • m N E 0 0 0 V) 0 E U 0 L c w . • H Z O V z c G) E c G) E a 0 i 0 E E D V) N W 0 8 U 0.0. c c2 O o 11-2 45 - c c} }o o E ma, a) 2 O TD �o Q U O I D V) ^4) �13 N 2 -0 ooa a)" c Q o0 E E} -0 o 0 E U 1-.- c Eoc °'TE) _• 9(•D� cCr)0 U C 7 O C ceoo 00} vs E c-0} • v=D 00c �_ ) E 45 0 -6 E .0o •o c > D Q>s) MoD 4> = ° 8 -C3 Q .12 ° 0 v QL_ . . . . a ir.i.ri1I iir.i u v 0 U m 0 0) E .- o c 0 � � o a0� tOE,� ago o_"5 }}>U E•00� � opo O 0 a. 0 � D0a_ - Ec00 D 0 U EEC.5 0 0_ E p 0 E o �� 4w U>�0 > 0 0 0 0 g_e_ .E 00 E D 0 E > Er „_ � E U o c� O• V 0 U c 0 0 0) c .c 0 0 0) 0 0 c .o c } 0 c o� 4/3 U — c 0 U 0 Q . 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V) O c 0 4 U c O O c O� r O Dr O� c Q '5 O Ea 4� v, O o5 0 0 O 0) — c • 'E >0 O N a(r) O } (-6 c O UO E 0 O 0 O } 0 V) 0 •O (, E co EE Roj 0c •0 E 0 L' c O� _0�� E a . i •c v 0 00 U O � O O Q O Qc E�O O Q c O trc) N O) N .c O a_ . f3 •� .O O U: N • r:eO-0 N. - - O 2 C O D i.L O CD E O O E-$ >O O O >- 1 c � QO} .c O c L .O 2 4) Otce 00cio <t y • • • H Z 0 V rn AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 9, 2021 ORDINANCE AMENDING ARTICLE I (GENERAL PROVISIONS), ARTICLE II (DEFINITIONS AND USE TYPES), ARTICLE III (DISTRICT REGULATIONS), ARTICLE IV (USE AND DESIGN STANDARDS), AND ARTICLE V (DEVELOPMENT STANDARDS) OF THE ROANOKE COUNTY ZONING ORDINANCE WHEREAS, on September 8, 2020, the Board adopted a resolution requesting that the Planning Commission make recommendations on the regulation of short-term rentals and temporary construction yards for public infrastructure projects; and WHERAS, planning staff has worked with the Planning Commission on proposed amendments to the County's Zoning Ordinance, both pertaining to short-term rentals and temporary construction yards for public infrastructure projects, as well as additional proposed amendments; and WHEREAS, planning staff and the planning Commission propose amendments to all five (5) articles of the Zoning Ordinance; and WHEREAS, the proposed amendments would correct inconsistencies, update information, clarify regulations, add new or revised regulations dealing with home beauty/barber salon, short-term rentals, temporary construction yards for public infrastructure projects, yard encroachments, and changes to certain uses allowed currently as special uses to uses permitted by right; and WHEREAS, on January 5, 2021, after proper notice, the Roanoke County Planning Commission held a public hearing on the proposed amendments to the Zoning Ordinance and recommended said amendments to the Board of Supervisors for adoption; and Page 1 of 17 Note: Text additions are in red font. Text deletions are in red font and are struck through. WHEREAS, public necessity, convenience, general welfare, and good zoning practice are valid public purposes for such recommendations by the Planning Commission and action by the Board of Supervisors; and WHEREAS, the first reading of this ordinance was held on January 26, 2021, and the second reading and public hearing were held on February 9, 2021. NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of Supervisors as follows: 1. The Roanoke County Zoning Ordinance is hereby amended to read and provide as follows: ARTICLE I — GENERAL PROVISIONS SEC. 30-14. AMENDMENTS TO ORDINANCE. (B) The administrator shall establish and maintain the amendment application materials. These application materials shall, at a minimum, include any information the administrator deems necessary for the commission and board to adequately evaluate the amendment request. A concept plan shall accompany all map amendment requests. Standards for concept plans are found in a document entitled Land Development Procedures, available in the department of c mmunity cvcl mcnt development services. SEC. 30-19. SPECIAL USE PERMITS; APPLICABILITY AND PURPOSE. Sec. 30-19-2. Application Requirements. (C) All applications submitted for special use permits shall include a concept plan showing the nature and extent of the proposed use and development. If the proposed development is to be constructed in phases, all phases shall be shown on the concept plan as appr vcd y the b ord. Sec. 30-19-4. Time Limitations. (A) A special use permit application may be put on hold upon written request of the applicant at any time. This hold shall not exceed six (6) months. The applicant shall make a written request to the zoning administrator to reactivate the special use permit application. Should the application not be reactivated, it shall be considered withdrawn and subject to the requirements of below. Page 2 of 17 Note: Text additions are in red font. Text deletions are in red font and are struck through. ARTICLE II — DEFINITIONS AND USE TYPES SEC. 30-28. DEFINITIONS. (C) For the purposes of this ordinance, the words and phrases listed below in this section shall have the meanings described below. Temporary construction yard: A temporary use of land, either on-site or off-site, for the construction and/or development activity for public infrastructure projects, including, but not limited to, water and sewer line extensions and repairs, public road improvements, power and telecommunications installation and repairs, and all other facilities and services that are open to the general public as determined by the zoning administrator. Temporary construction yards may include the storing of equipment and materials which are needed for the construction or development of a public infrastructure project. SEC. 30-29. USE TYPES; GENERALLY. Sec. 30-29-2. Residential Use Types. Home beauty/barber salon: Incidental use of a singlc family residential dwelling for hair styling or barbering, and other small-scale salon services. These services may include, but are not limited to, tanning, manicures or pedicures, temporary hair removal, massages, and other minor beauty and salon services as approved by the Zoning Administrator. Sec. 30-29-5. Commercial Use Types. Short-term rental: The provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy. This use does not include existing uses defined in this ordinance including bed and breakfast, bed and breakfast inn, boarding house, country inn, and hotel/motel/motor lodge. ARTICLE III — DISTRICT REGULATIONS SEC. 30-32. AG -3 AGRICULTURAL/RURAL PRESERVE DISTRICT. Sec. 30-32-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, Page 3 of 17 Note: Text additions are in red font. Text deletions are in red font and are struck through. modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 3. Civic Uses Religious Assembly * 4. Commercial Uses Short-term Rental * (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. 3. Civic Uses Rcligi us Asscmbly * SEC. 30-33. AG -1 AGRICULTURAL/RURAL LOW DENSITY DISTRICT. Sec. 30-33-2. 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. 4. Commercial Uses Short-term Rental * SEC. 30-34. AR AGRICULTURAL/RESIDENTIAL DISTRICT. 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. 4. Commercial Uses Short-term Rental * SEC. 30-36. AV AGRICULTURAL/VILLAGE CENTER DISTRICT. Page 4 of 17 Note: Text additions are in red font. Text deletions are in red font and are struck through. Sec. 30-36-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 5. Commercial Uses Short-term Rental * SEC. 30-41. R-1 LOW DENSITY RESIDENTIAL DISTRICT. 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. 4. Commercial Uses Short-term Rental * SEC. 30-42. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT. Sec. 30-42-2. 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. 3. Commercial Uses Short-term Rental * SEC. 30-53. C-1 LOW INTENSITY COMMERCIAL DISTRICT. Sec. 30-53-2. 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. Page 5of17 Note: Text additions are in red font. Text deletions are in red font and are struck through. 4. Commercial Uses Short-term Rental * SEC. 30-54. C-2 HIGH INTENSITY COMMERCIAL DISTRICT. Sec. 30-54-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 4. Commercial Uses Commercial Indoor Amusement Short-term Rental * (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. 2. Commercial Uses C mmcrcial In r Amuscmcnt SEC. 30-47. PRD PLANNED RESIDENTIAL DEVELOPMENT DISTRICT. Sec. 30-47-7. Approval of Preliminary and Final Site Development Plans. (A) Following the approval of the final master plan, the applicant or its authorized agent, shall be required to submit preliminary and final site development plans for approval. Final site development plans for any phase or component of the PRD that involves the construction of structures or facilities, shall be approved prior to the issuance of a building and zoning permit, and the commencement of construction. Standards for preliminary and final site development plans are found in a document entitled Land Development Procedures, available in the department of c mmunity dcvcl mcnt development services. SEC. 30-57. PCD PLANNED COMMERCIAL DEVELOPMENT DISTRICT. Sec. 30-57-8. Approval of Preliminary and Final Site Development Plans. Page 6 of 17 Note: Text additions are in red font. Text deletions are in red font and are struck through. (A) Following the approval of the final Master Plan, the applicant or its authorized agent, shall be required to submit preliminary and final site development plans for approval. Final site development plans for any phase or component of the PCD that involves the construction of structures or facilities, shall be approved prior to the issuance of a building and zoning permit, and the commencement of construction. Standards for preliminary and final site development plans are found in a document entitled Land Development Procedures, available in the Roanoke County Department of C mmunity Dcvcl pmcnt Development Services. SEC. 30-63. PTD PLANNED TECHNOLOGY DEVELOPMENT DISTRICT. Sec. 30-63-8. Approval of preliminary and final site development plans. (A) Following the approval of the final master plan, the applicant or its authorized agent, shall be required to submit preliminary and final site development plans for approval. Final site development plans for any phase or component of the PTD that involves the construction of structures or facilities, shall be approved prior to the issuance of a building and zoning permit, and the commencement of construction. Standards for preliminary and final site development plans are found in a document entitled land development procedures, available in the department of c mmunity dcvcl pmcnt development services. SEC. 30-75. RRCO ROANOKE RIVER CONSERVATION AND OVERLAY DISTRICT. Sec. 30-75-6. Exemptions and Waivers. (A) Exemptions - The following development activities are exempt from the requirements of the Conservation Overlay District: 3. Emergency removal of debris resulting from floods or other natural disasters, as deemed appropriate by the Director of C mmunity cvcl mcnt Development Services; or ARTICLE IV — USE AND DESIGN STANDARDS SEC. 30-82. RESIDENTIAL USES. Sec. 30-82-1.5. Alternative Discharging Sewage Systems. (C) General standards: 7. A copy of all formal and informal testing results required under Section 3.11 of the VDH regulations shall be submitted to the county health department and the county department of c mmunity dcvcl pmcnt Page 7of17 Note: Text additions are in red font. Text deletions are in red font and are struck through. development services, in addition to any other agency or location required by law. Sec. 30-82-2. Home Beauty/Barber Salon. (A) Intent. A small -scaled beauty/ and/ r barber .. may be permitted within a residential dwelling. The standards for establishing such uses are intended to limit the scope and nature of such uses and insure compatibility with the adjoining properties. (B) General Standards: 1. The home beauty/barber salon shall be conducted entirely within the interior of the principal residential structure or within an accessory structure located on the same lot. 2. The home beauty/barber salon shall not occupy more than a cumulative total of two -hundred fifty (250) square feet of the finished floor area of any dwelling unit or accessory structure in which the home beauty/barber salon is located. 3. More than one (1) home beauty/barber salon may be permitted provided the total floor area used for all home beauty/ barber salons does not exceed the maximum square footage standard. 4. No dwelling or structure shall be altered, occupied or used in a manner which would cause the premises to differ from a character consistent with a residential use. The use of colors, materials, construction, lighting, or other means inconsistent with a residential use shall be prohibited. 5. There shall be no outside storage of goods, products, equipment, or other materials inconsistent with a residential use associated with the home beauty/barber salon. No toxic, explosive, flammable, radioactive, or other hazardous materials used in conjunction with the home beauty/barber salon shall be used, sold, or stored on the site. 6. The type and volume of traffic generated by a home beauty/barber salon shall be consistent with the traffic generation characteristics of other dwellings in the area. In addition, the lot or property on which the home beauty/barber salon is conducted shall not have any parking spaces added to it during the time the home beauty/barber salon is being conducted, nor shall any parking space be used that was not customarily or regularly used prior to that time. 7 Deliveries related to the home beauty/barber salon shall be limited to the United States Postal Service, parcel delivery services, and messenger Page 8 of 17 Note: Text additions are in red font. Text deletions are in red font and are struck through. services. The commercial delivery by tractor trailer of materials or products to or from the premises shall be prohibited. 8. The home beauty/barber salon shall not increase demand on water, sewer, or garbage collection services to the extent that the combined demand for the dwelling and home beauty/barber salon is significantly more than is normal to the use of the property for residential purposes. 9. No activity in conjunction with a home beauty/barber salon shall be conducted before 7:00 a.m. or after 10:00 p.m. that adversely impacts or disturbs adjoining property owners. 10. Temporary portable storage containers shall not be used in conjunction with a home beauty/barber salon or used as a principal use or principal building or structure In the AG -3, AG -1, and AR districts and in all residential districts the following standards shall apply: 1. The salon shall be limited to one (1) chair my customer at a time. 2. The retail sale of beauty and barber supplies shall be allowed as an accessory use to the permitted beauty/barber salon use. In the AV, C-1 and C-2 districts a home beauty/barber salon shall be limited to no more than two (2) chairs customers at a time. Sec. 30-82-11. Multi -family Dwelling. (F) General standards in the C-1 and C-2 districts, independent of the general standards above: 1. The multi -family use shall be allowed in conjunction with a civic, office or commercial use type or as a stand-alone residential project. SEC. 30-85. COMMERCIAL USES. Sec. 30-85-0.5. Adult Business. (A) General standards: 6. The owner or operat c; shall install, operate and maintain a security camera and video tape system designed by a security specialist which shall continuously monitor all exterior entrances and parking areas of the establishment. Such cameras shall provide clear imagery of the establishment's patrons and their vehicles. Tapes recording activities in Page 9 of 17 Note: Text additions are in red font. Text deletions are in red font and are struck through. the areas under surveillances shall be preserved for a period of 12 months. Authorized representatives of the police department or the C mmunity cvcl mcnt department of planning shall have access to such tapes in accordance with applicable law. Sec. 30-85-24.55. Short-term Rental. (A) General Standards: 1. The applicant shall obtain a zoning permit prior to the occupation of a room or dwelling for short-term rental. The zoning permit application shall include, but not be limited to, the following information: a. All relevant parcel information including tax map number, zoning district, address, and magisterial district. b. The applicant's name, address, and personal contact information. c. The name, address, and personal contact information of the authorized party responsible for resolving complaints, if different from the applicant. 2. The County shall be notified within thirty (30) days of any change in the applicant's address or personal contact information, or any change in the name, address or personal contact information of the authorized party responsible for resolving complaints. 3. A short-term rental zoning permit expires upon any change in ownership of the property. 4. A short-term rental zoning permit may be revoked by the Zoning Administrator due to the failure of the applicant to comply with all applicable regulations set forth in this section or elsewhere in the Zoning Ordinance or County Code. (B) In the R-1 and R-2 zoning district, the following standard shall apply: 1. A special use permit shall be required on lots less than five (5) acres. Lots that are five (5) acres or greater in size, a short-term rental shall be considered a use permitted by right. ARTICLE V — DEVELOPMENT STANDARDS SEC. 30-90. SITE DEVELOPMENT PLANS. Page 10 of 17 Note: Text additions are in red font. Text deletions are in red font and are struck through. (B) Site development plans required by the county shall be prepared by a professional engineer, architect, land surveyor, landscape architect or other licensed professional who is registered by the Commonwealth of Virginia and is conducting their practice in accordance with section 54.1-400 et seq. of the Code of Virginia, as amended. More stringent requirements may be established by the Roanoke County Code or the Code of Virginia. This requirement may be waived by the director of c mmunity cvcl mcnt development services if the type, scale and/or location of the proposed development does not necessitate such plans. Sec. 30-90-1. Information Required. (A) The following information shall be required on site development plans submitted to the county for review: 20. A detailed stormwater management plan and calculations shall be submitted. The director of c mmunity cvcl mcnt development services shall determine the requirements for such plans. At a minimum these plans shall contain information that shows: a. Spot elevations of proposed building corners, finished floor elevations, entrances, driveway and parking lot limits, and culvert inverts, b. The benchmark location and USGS elevation, where available. (B) The director of c mmunity cvcl mcnt development services may waive the requirement that any of this information be shown on a submitted plan, if in his opinion such information is not necessary to insure conformance with county ordinances or standards. Sec. 30-90-2. Format of Plans. (A) Site plans shall be submitted on sheets no greater in size than thirty (30) by forty- two (42) inches. A sheet size of twenty-four (24) by thirty-six (36) inches is preferred. The scale of the plans shall not be greater than one inch equals ten (10) feet (1"=10'), or less than one inch equals fifty (50) feet (1"=50'). Plans shall be designed using an engineering scale. The director of c mmunity dcvcl mcnt development services may approve a lesser scale such as 1 "=100' provided sufficient detail is provided to insure compliance with all applicable requirements of this ordinance and any other requirement or ordinance of the county or Commonwealth. Plans may be submitted in a digital format in accordance with County standards. Sec. 30-90-3. Administrative Procedures and Requirements. Page 11 of 17 Note: Text additions are in red font. Text deletions are in red font and are struck through. (A) The director of c mmunity dcvcl pmcnt development services shall have the administrative authority to establish county procedures for site development plan review and approval. No procedure so established shall set a lesser standard than is legislated in this ordinance. (B) The director of c mmunity dcvcl mcnt development services shall coordinate the county review of any site development plan submitted in accord with county administrative procedures, and shall have the authority to request opinions or decisions from other county departments, agencies or authorities of the Commonwealth of Virginia, or from other persons as may from time to time be consulted. (C) A minimum f six (6) cComplete set(s) of site development plans shall be submitted for review in accordance with the Land Development Procedures. A review fee shall be required for any site development plan submitted. The director of community dcvcl mcnt development services shall establish procedures for the collection of these fees. (D) The county shall review, and approve or disapprove any site development plan submitted for its review within forty-five (45) days of the filing of the plan with the director of c mmunity cvcl mcnt development services. If an unapproved site development plan is returned to the applicant or other agent of the property owner, due to lack of required information on the plan, or because the design or standards proposed on the site development plan do not meet the provisions of this ordinance or other applicable county standards, the forty -five-day time period shall begin again with the resubmittal of the plan to the county. (I) No change, revision, or erasure shall be made on any pending or approved site development plan, nor on any accompanying data sheet where approval has been endorsed on the plan or sheets, unless authorization for such changes is granted in writing by the director of c mmunity cvcl mcnt development services. The director shall consult with all applicable departments or agencies prior to approving the change. (Ord. No. 042799-11, § la., c., 4-27-99) Sec. 30-90-4. Minimum Standards and Improvements Required. (B) Prior to the approval of a site development plan the applicant shall execute an agreement to construct required or proposed improvements located within public rights-of-way or easements or any such improvement connected to any public facility. The applicant shall also file a performance guarantee with surety acceptable to the county in the amount of the estimated cost of the improvements plus ten (10) percent contingency, as determined by the director of c mmunity cvcl mcnt development services. The owner's performance guarantee shall not be released until the construction has been inspected and Page 12of17 Note: Text additions are in red font. Text deletions are in red font and are struck through. accepted by the county and the Virginia Department of Transportation, as applicable. (E) Utilities shown on site development plans shall conform to applicable county ordinances and Western Virginia Water Authority regulations, as determined by the department of c mmunity dcvcl pmcnt development services and the Western Virginia Water Authority. (F) Stormwater management facilities shown on site development plans shall conform to applicable county ordinances as determined by the director of c mmunity cvcl mcnt development services. SEC. 30-91. OFF STREET PARKING, STACKING AND LOADING. Sec. 30-91-3.6. Temporary Parking. (B) Parking for a temporary use: Temporary parking lots are permitted for a period of no more than sixty (60) consecutive or non-consecutive days per calendar year, in accordance with the following criteria: 3. Plans for a temporary parking lot shall be submitted for site plan review to the county department of c mmunity dcvcl pmcnt development services and include a timeline and signed documentation of event information to be reviewed by the zoning administrator. SEC. 30-92. SCREENING, LANDSCAPING, AND BUFFER YARDS. Sec. 30-92-5.1. Landscaping provisions in the Clearbrook village overlay district. (B) General standards/specifications. 5. Native species shall be used for a minimum of fifty (50) percent of required plantings. A listing of acceptable native species is available in the department of c mmunity dcvcl pmcnt planning. SEC. 30-93. SIGNS. Sec. 30-93-5. Sign Permits. (A) Except as provided in section 30-93-3, no sign may be erected or displayed in the county without an approved sign permit. Applications for a sign permit may be obtained from the county department of c mmunity dcvcl pmcnt development services. Signs that are not visible from a public right-of-way do not have to conform to the provisions of section 30-93-13, district regulations, and the square footage of such signs shall not be included when calculating allowable signage on a lot. Page 13of17 Note: Text additions are in red font. Text deletions are in red font and are struck through. Sec. 30-93-14. Special Signage Districts and Regulations. (A) Off -Premises Signs. As of September 23, 2003, a cap shall be placed on the total number of off -premises sign structures in the county, including all conforming or nonconforming off -premises signs, as defined in this section. 1. Consolidation; Reconstruction of Existing Nonconforming Sign Structures. Existing off -premise sign structures that are nonconforming may be consolidated and reconstructed only in accordance with this section. a. Applications to consolidate or reconstruct an existing off -premises sign structure shall be made to the department of community dcvcl pmcnt development services. f. The department of c mmunity dcvcl mcnt planning and the department of development services will review each application submitted under this section to confirm that the square footage of sign area of any consolidated and reconstructed sign structure does not exceed the square footage of the sign area on the sign structure being demolished pursuant to this section, however, the department shall consider the size of the existing sign face on the consolidated and reconstructed sign structure so that the second sign face being added is approximately the same size as the existing sign face on the consolidated and reconstructed sign structure. If the existing sign structure is being converted into a double faced monopole, the sign area of the consolidated and reconstructed sign shall not exceed three hundred seventy-eight (378) square feet, plus ten (10) percent for embellishments, and the height and setback of the sign shall remain the same, or be made more conforming. SEC. 30-100. MISCELLANEOUS. Sec. 30-100-2. Yard, setback, coverage, and height requirements. (A) The lot area and yards required for any use or structure shall be permanently maintained, and shall not be counted as the required lot area or yards for any other use or structure. (B) Required yards shall remain free of all uses and structures, unless otherwise specified in this section. (gC) Rcquircd yards shall rcmain frcc f all uscs r structures cxccpt f r the f II wing: The following uses and structures may be located anywhere within a required yard, provided that sight triangles are maintained per Section 30-100-8. Page 14of17 Note: Text additions are in red font. Text deletions are in red font and are struck through. 1 Fences, walls and landscaping Gight trianglcs arc maintainc cr Sccti n 3 1 8. rivcways an parking arcas shall als bc all wcd. 2. Eacs, com+ccs, win-elew s+Hs, belt co�+rscs, awnings, bay wind ws and chimncys may r jcct int a rc uirc yar , a istancc n t t cxccc tw (2) fcct. Cantilcvcrcd building vcrhangs shall n t bc all wcd t pr jcct int a rc uirc sct ack arca. Mailboxes. 3. Patios and stoops shall be allowed within all required setback areas. Decks shall comply with all district setback requirements. 4. Accessory structures shall be allowed in accord with the regulations for such structures. 5. Freestanding light fixtures. 6. Signs provided they conform to the standards set forth in Section 30-93. 7. Driveways and parking areas. (D) The following uses and structures may project into a required yard as specified below: 1 Eaves, cornices, windowsills, belt courses, awnings, bay windows, chimneys, and similar architectural features may project into a required yard a distance not to exceed two (2) feet. 2. Roofs and coverings over a patio or stoop may project into a required yard a distance not to exceed five (5) feet. 3. Ramps and/or other means of handicapped accessibility are permitted in the required setback areas, but must, in the opinion of the Zoning Administrator, be the minimum intrusion necessary to provide access to the subject property. (€E) Height limitations contained in Article III and IV of this ordinance shall not apply to barns or silos associated with an agricultural use, church spires, belfries, residential chimneys, flag poles, or residential television antennae, except as may apply in the Airport Overlay District or the Emergency Communications Overlay District. (IDF) A structure built over the common lot line, between two (2) lots under the same ownership, will in effect combine these lots and they will hereafter function as one (1) lot for the purpose of calculating setbacks. Page 15of17 Note: Text additions are in red font. Text deletions are in red font and are struck through. A structure that is entirely below grade (underground) shall be exempt from the minimum setback requirements of that zoning district. In the case of a unique setback for a partially underground structure, the administrator shall determine the setback for the structure based on having no interference on sight distance with section 30-100-8. Portions of an underground structure which are below grade shall not be counted when calculating lot or building coverage. Sec. 30-100-10. Standards and Procedures for Review of Condominiums. (A) A subdivision plat shall be submitted to Roanoke County for any new residential, commercial or industrial condominium development, including the conversion of any existing development to the condominium form of ownership. This plat shall meet all standards for subdivision plats. Plats shall be reviewed by the director of c mmunity cvcl mcnt development services who shall approve the plat provided it meets the provisions of this ordinance and the Roanoke County Subdivision Ordinance. Sec. 30-100-14. Temporary Uses. (A) Intent. This section allows for the establishment of certain temporary uses and structures of limited duration, provided that such uses and structures do not negatively impact adjacent land, are discontinued upon the expiration of a set time period, and do not involve the construction or alteration of any permanent building or structure. In addition, the use shall not be so recurring in nature as to be classified as a permanent use. (B) The following temporary uses shall be permitted in all zoning districts: 1. Temporary construction yards, provided they meet the following standards: a. Location. It is desirable for a temporary construction yard to be located onsite or within 500 feet of the construction site or project. The zoning administrator may allow a temporary construction yard to be located greater than 500 feet from the construction site or project if there are constraints or conditions that would prohibit the temporary construction yard from be located onsite or within 500 feet. b. Zoning Permit. A zoning permit shall be obtained prior to the establishment of any temporary construction yard. The zoning permit shall contain a plan showing the general location and extent of the activities of the temporary construction yard, including vehicle and equipment storage, required screening and buffering, and the total area that will be disturbed. Entrances and exits to public roads Page 16 of 17 Note: Text additions are in red font. Text deletions are in red font and are struck through. shall be clearly marked on the plan and shall be located to provide safe access to and from the site. The plan shall also show or describe a restoration plan for the site, setting out how the site will appear sixty (60) days after completion of the construction project. The zoning permit shall be valid for the duration of the construction activity for the permitted activity including the restoration period. c. Screening and buffering. The zoning administrator may require appropriate screening and buffering around the temporary construction yard if the temporary construction yard will be located on or adjacent to a residential use type. d. Revocation of zoning permit. The zoning administrator may revoke a zoning permit for a temporary construction yard at any time if the owner or operator fails to follow the requirements of the zoning permit. (C) General standards for temporary uses. 1. The zoning administrator may impose additional standards on any temporary use or activity if the zoning administrator determines that the standards are necessary to prevent or reduce any adverse impacts including, but not limited to, noise, hours of operation, exterior lighting, and security measures. 2. That this ordinance shall be in full force and effect from and after its adoption. Page 17of17 Note: Text additions are in red font. Text deletions are in red font and are struck through. ACTION NO. ITEM NO. G.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 9, 2021 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: Open district appointments. BACKGROUND: 1. Library Board (appointed by District) The following District appointments remains open: Vinton Magisterial District Windsor Hills Magisterial District 2. Parks, Recreation and Tourism (appointed by District) Mike Roop's three (3) year term representing the Vinton Magisterial District has expired effective June 30, 2019. Open Windsor Hills Magisterial District FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 1 of 1 ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 2, 2021 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for February 9, 2021, designated as Item H - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Item 1 as follows: 1. Approval of minutes — December 15, 2020 Page 1 of 1 County of Roanoke Unappropriated Balance, Board Contingency, and Capital Reserves Fiscal Year 2020-2021 Reserves O M C1 if; N M N -1/1- 00 0 N M Lfl O N ,-1.- -1L} ih l0 N 00 lD M n c-I LI) N O M LO Lfl M 00 O) N• crci c " ci ------ a-I N N a1 a•-I N nj V} Board Contingency ' 0 0 0 O Vl $ 50,000 of Revenues 12.0% Unappropriated Balance $ 23,632,859 $ 23,632,859 0 U 6J •O 0_ 0J 0 0_ E O 0 0 = O 0J On 0 N O C N N00 O C M O CU +'' C CL p In 0 U ,—I C co 0 O la a a Uw L 3 QO y Q o ON m 1N0 O U c MI "a O , -o 00 0 .-1 c N p NO N E1 v 0_ 0CL _ 0 p N c1 CU -0 E 0 U 0 O v• CO (0 C N N -N N co Eiii 0 O 4-. - U O a.)+U+ W 0 a. 4:C L(1 Ln O O N N N N LO LO 0 0 O1 O1 U U C C C C _ ._ 00 a-+ a-+ CU CU 00 -0 0 = = _0 e-1 ci ° N N N 0 O O Cl O co O 3 -o -o 4--, CU N LL 0 O 0_ 0_ u N a s 0 COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Audited Outstanding Outstanding June 30, 2020 Additions Deletions February 09, 2021 General Obligation Bonds $ 948,122 $ VPSA School Bonds 83,061,766 Lease Revenue Bonds 81,000,000 Subtotal 165,009,888 Premiums 11,716,653 $ 176,726,541 $ $ 8,546,276 3,470,000 12,016,276 $ 948,122 74,515,490 77,530,000 152,993,612 11,716,653 $ 12,016,276 $ 164,710,265 Submitted By Laurie L. Gearheart Director of Finance and Management Services Approved By Daniel R. O'Donnell County Administrator ACTION NO. ITEM NO. L.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 9, 2021 AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: Work session to review with the Board of Supervisors fiscal year 2021-2022 projected General Government Fund operating budget revenues and review updates to the County of Roanoke Fee Compendium Laurie Gearheart Director of Finance and Management Services Daniel R. O'Donnell County Administrator Review fiscal year 2021-2022 projected General Government Fund operating budget revenues and updates to the County of Roanoke Fee Compendium. BACKGROUND: As part of the annual operating budget development process, staff provides the Board of Supervisors revenue projections for the coming fiscal year in advance of the County Administrator's proposal of the operating budget. Additionally, staff will provide updates considered for the County of Roanoke Fee Compendium, which is adopted at the same time as adoption of annual budget ordinances per Section 4-3, Item B of the County's Comprehensive Financial Policies. DISCUSSION: This work session will provide the Board of Supervisors information regarding fiscal year 2021-2022 revenue projections for the General Government Fund. Revenue projections contained in the attached presentation are subject to change based on any additional information received by staff. Final proposed fiscal year 2021-2022 revenues will be detailed in the County Administrator's Proposed Fiscal Year 2021-2022 Operating Budget document, scheduled to be presented to the Board of Supervisors on March 9, Page 1 of 2 2021. Additionally, staff will provide the Board of Supervisors an overview of the County of Roanoke Fee Compendium that is approved by the Board of Supervisors as part of the fiscal year 2021-2022 budget adoption. The County's Comprehensive Financial Policy indicates in Section 4-3, Item B that " ... County staff shall produce an annual Fee Compendium to be adopted by the Board of Supervisors at the same time as Adoption of the Annual Budget Ordinances." Staff will provide an overview of updates considered for the Fiscal Year 2021-2022 compendium. The attached Power Point presentation will be shown. FISCAL IMPACT: There is no fiscal impact associated with receipt of the attached presentation. 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ITEM NO. L.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 9, 2021 AGENDA ITEM: Work session to finalize calendar year 2021 Board of Supervisor Goals SUBMITTED BY: Daniel R. O'Donnell County Administrator APPROVED BY: Daniel R. O'Donnell County Administrator ISSUE: This time has been set aside to finalize Board of Supervisor goals discussed at the January 30, 2021, Board retreat. Page 1 of 1 Daniel R. O'Donnell County Administrator County of Roanoke Memo To: Board of Supervisors From: Daniel R. O'Donnell, County Administrator Date: February 2, 2021 Subject: Goals From Board Retreat Held January 30, 2021 Based on the discussion from last Saturday's retreat I am documenting what 1 believe to be the consensus of the Board of Supervisor members on the goals to be pursued. After subsequent discussion with Planning Director Philip Thompson, Assistant County Administrators Richard Caywood and Rebecca Owens we believe that we can accomplish many of the projects and priorities in item number seven but several are of a duration that will likely exceed the 2021 calendar year and will be pursued into 2022. This is an aggressive set of goals, however staff will do whatever we can to expedite the planning projects and priorities given current staffing and resource levels. If the Board believes that there is a need for further discussion on any of the goals listed staff can arrange for one more work session if so requested. 2021 Goal List 1) Implement Compensation and Classification System Revisions A) Step Systems for Police, Sheriff's Office and Fire and Rescue B) New Open Range Classification System Based on Gallagher Recommendations for other departments Responsible Department - Human Resources 2) Revise Budget Process to Incorporate Multi- Year Revenue and Expenditure Projections Responsible Department - Finance and Management Services 3) Complete Economic Development Strategic Plan Responsible Department - Economic Development 4) Devise and Implement Process Improvements for Streamlining Development Permitting Processes Responsible Departments - Development Services / Planning 1 5) Continue Efforts to Expand Transportation Improvements through the Transportation Planning Organization and other Federal and State Funding Sources (Highways, Roads, Pedestrian and Bicycle Systems) Responsible Departments - Planning/Development Services/General Services Parks, Recreation and Tourism 6) Continue to Expand Rural Broadband Availability A) Virginia Telecommunications Initiative Grants B) Cooperation with Broadband Authority and Other Regional Partners to Consider Long Term Regional Strategy Responsible Department - Communications and Information Technology 7) Continue to Move Long Range Planning Efforts Forward Responsible Department - Planning Although most of these work items will be initiated in 2021 most will overlap into 2022 as they are of a long term planning nature and due to available staff resources we will not be able to begin all of them concurrently or complete them all within the calendar year. A) Recommend and Implement Zoning Changes to Encourage Greater Density in Appropriate Areas (e.g. Building Height and Parking Requirements) - This will be done in two phases one in 2021 and again in 2022. 13) Initiate and Complete Land Use Study for Rt. 460 Challenger Avenue Area. Initiate in 2021 and complete in 2022. C) Initiate and Complete Design Standards for 419 Town Center. Initiate in 2021 and complete in 2022. D) Update Comprehensive Plan - Initiate in 2021 and complete in 2022. E) Expand Community/Town Center Plans to Include Vinton and East County -2022 F) Update Zoning Ordinance Based on Comprehensive Plan Revisions -2022 Cc: Richard Caywood, Assistant County Administrator Rebecca Owens, Assistant County Administrator Peter Lubeck, County Attorney Jill Loope, Director of Economic Development Philip Thompson, Director of Planning Bill Hunter, Director of CommlT Doug Blount, Director of General Services\ Parks, Recreation and Tourism Laurie Gearheart, Director of Finance and Management Services Anita Hassell, Director of Human Resources Tarek Moneir, Director of Development Services Debbie Jacks, Clerk to the Board