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HomeMy WebLinkAbout2/23/2021 - Regular Roanoke County Board of Supervisors February 23, 2021 INVOCATION: PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: 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 Page 1 of 6 Roanoke County Board of Supervisors Agenda February 23, 2021 Good afternoon and welcome to our meeting for February 23, 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 t https://roanokecountyva.gov comments by email (to djacks@roanokecountyva.gov) or by phone (540-776- 7278). When submitting comments, please include your name and address. Comments submitted by email and by phone will be read aloud during meetings, subject to reasonable time limitations. For those individuals who desire to attend meetings in person, please be advised that seating modifications and limits have been established in order to facilitate social distancing; attendees who are not of the same household must sit six feet apart; and attendance at meetings will be limited to 25 individuals. A. OPENING CEREMONIES 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. BRIEFINGS 1. Briefing by the Roanoke Regional Partnership (John Hull, Executive Director of the Roanoke Regional Partnership) Page 2 of 6 D. NEW BUSINESS 1. Resolution accepting and approving recommended changes to the Comprehensive Financial Policy (Laurie Gearheart, Director of Finance and Management Services) 2. Resolution approving Memorandum of Understanding among the City of Roanoke, Town of Vinton, County of Roanoke, County of Botetourt, World Triathlon Corporation and Roanoke Valley Convention and Visitors Bureau regarding the 2021 IRONMAN 70.3 Race support services (Mary Beth Nash, Senior Assistant County Attorney) 3. Resolution encouraging Roanoke County Schools to provide in-person learning options for students by March 15, 2021 (Peter S. Lubeck, County Attorney) E. FIRST READING OF ORDINANCES 1. Ordinance accepting and appropriating grant funds in the amount of $88,757 from the Virginia Department of Criminal Justice Services (DCJS) to the Roanoke County Police Department (Howard B. Hall, Chief of Police) F. PUBLIC HEARING 1. Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2020-2021 budget in accordance with Code of Virginia Section 15.2-2507 (Laurie Gearheart, Director of Finance and Management Services) G. SECOND READING OF ORDINANCES 1. 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 Capital Fund (Laurie Gearheart, Director of Finance and Management Services) 2. Ordinance authorizing the acquisition (with conditions) of Real Property from the Commonwealth of Virginia, located at 0 Old Cave Spring Rd. (Tax Map No. 076.20-03-05.00-0000), 4555 Old Cave Spring Rd. (Tax Map No. 076.20-03- 02.00-0000), 4607 Old Cave Spring Rd. (Tax Map No. 076.20-03-01.00-0000), 4445 Brambleton Ave. (Tax Map No. 086.08-04-04.00-0000), and 4441 Brambleton Ave. (Tax Map No. 086.08-04-05.00-0000) in the Windsor Hills Magisterial District; and authorizing execution of a Memorandum of Agreement and deed of conveyance (Richard L. Caywood, Assistant County Administrator) H. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance amending the Roanoke County Code to create the County of Roanoke Towing Advisory Board (Rachel Lower, Senior Assistant County Attorney) Page 3 of 6 I. PUBLIC HEARING AND ADOPTION OF RESOLUTION 1. Public hearing regarding policies and procedures to guide the 2021 redistricting process in Roanoke County (Peter S. Lubeck, County Attorney) J. APPOINTMENTS 1. Library Board (appointed by District) 2. Parks, Recreation and Tourism (appointed by District) K. 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 January 12, 2021 2. Request to accept and allocate the Washington/Baltimore High Intensity Drug Trafficking Grant funds in the amount of $64,375 to the Roanoke County Police Department for the Roanoke Valley Regional Drug Unit 3. Request to accept and allocate funds in the amount of $3,000 from the Virginia Information Technology Agency for the Public Safety Answering Points (PSAP) Educational Grant Program 4. Request to accept and allocate funds in the amount of $6,720 to the Clerk of the Circuit Court from the Commonwealth of Virginia for Technology Trust Funds L. CITIZENS' COMMENTS AND COMMUNICATIONS M. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of January 31, 2021 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of January 31, 2021 5. Accounts Paid January 31, 2021 Page 4 of 6 N. WORK SESSIONS 1. Work session to review with the Board of Supervisors fiscal year 2021-2022 Employee Compensation and Benefits (Richard Caywood, Assistant County Administrator; Rebecca Owens, Assistant County Administrator) O. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711.A.1 To consider and discuss prospective appointments to the Roanoke County Towing Board EVENING SESSION 7:00 P.M. P. CERTIFICATION RESOLUTION Q. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Aleta Coleman, Emergency Communications Manager, upon her retirement after more than thirty (30) years of service (Bill Hunter, Director of Communications and Information Technology) R. NEW BUSINESS 1. Resolution appointing representatives to the Roanoke County Towing Advisory Board (Peter S. Lubeck, County Attorney) S. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of R. P. Fralin, Inc. to rezone approximately 41.85 acres from I-1, Low Intensity Industrial, District to R-1, Low Density Residential, District to develop a 124-lot single-family home subdivision located at 5524 Old Mountain Road, Hollins Magisterial District (Philip Thompson, Director of Planning) 2. The petition of Zye and Gaven Reinhardt to obtain a special use permit in an AR, Agricultural/Residential, District for a special events facility on approximately 31.32 acres, located at 2875 Timberview Road, Catawba Magisterial District (Philip Thompson, Director of Planning) T. CITIZEN COMMENTS AND COMMUNICATIONS Page 5 of 6 U. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. David F. Radford 2. Martha B. Hooker 3. Paul M. Mahoney 4. Phil C. North 5. P. Jason Peters V. ADJOURNMENT Page 6 of 6 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 23, 2021 AGENDA ITEM: Briefing by the Roanoke Regional Partnership SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: County Administrator ISSUE: Briefing from the Roanoke Regional Partnership. BACKGROUND: There is no background associated with this agenda item. DISCUSSION: This time has been set aside for John Hull, Executive Director of the Roanoke Regional Partnership, to provide a briefing to the Board of Supervisors on Economic Development. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: There is no staff recommendation associated with this agenda item. Page 1 of 1 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 23, 2021 AGENDA ITEM: Resolution accepting and approving recommended changes to the Comprehensive Financial Policy SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: County Administrator ISSUE: Acceptance of changes to the Comprehensive Financial Policy BACKGROUND: A work session was held on January 12, 2021, to discuss recommended changes and updates to the Comprehensive Financial Policy. DISCUSSION: As reviewed and discussed at the work session, the following are the recommended changes to the current Comprehensive Financial Policy: - Section 5 Item 4 changed to remove wording "on a bi annual basis" and replace with "in October of each year "and changed to add "preliminary financial information through the end of the prior fiscal year" - Section 7 Item 3 A. the dates have been changed to remove fiscal year 2021 (Schools) and add fiscal year 2031 (Schools) - The effective date of the Comprehensive Financial Policy has been changed from December 17, 2019 ,to February 23, 2021 Page 1 of 2 FISCAL IMPACT: There is no impact to the current fiscal year budget related to the proposed changes to the Comprehensive Financial Policy. STAFF RECOMMENDATION: Staff recommends approval of the resolution accepting the recommended changes to the Comprehensive Financial Policy. Page 2 of 2 Policy Number PAGE 1 OF 20 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY EFFECTIVE DATE Daniel R. December 17, County Administrator 2019February 23, 2021 Section 1 Overview 1. Background establish the framework for financial planning and management and provide guidelines against which budgetary performance can be measured and proposals for future funding can be evaluated. The policies further ensure that the County continues to be a model for excellence in government by providing direction in the areas of revenues, operating expenditures, Capital Improvement Program, reserves and debt management. 2. Purpose The primary objective of financial management policies is for the Board of Supervisors to create the framework for making sound financial decisions. The County Administrator is responsible for the daily administration of the Board's policies and general County operations. The County Administrator may designate other County officials to assist in the administration of these policies. These financial management policies are a statement of the guidelines and goals that influence and guide the financial management practices of the County of Roanoke. Financial management policies that are adopted, adhered to, and regularly reviewed are recognized as the cornerstone of sound financial management. 3. Objectives A. economic disruption in order to ensure continuous delivery of public services. B. To provide sound principles to guide the important decisions of the Board and of management which have significant fiscal impact. C. To assist sound management of County government by providing accurate and timely information on financial condition. D. To promote long-term financial planning in regards to both day-to-day operations and capital improvements. E. To set forth operational principles which minimize the cost of government, to the extent consistent with services desired by the public, and which minimize financial risk. F. To ensure the legal use of all County funds through a good system of financial security and internal controls. G. To employ policies which prevent undue or unbalanced reliance on certain revenues, which distribute the costs of county government services as fairly as possible, and which provide adequate funds to operate desired programs. H. facilities and its capital plan. I. To enhance access to short-term and long-term markets by helping to achieve the highest credit and bond ratings possible. Policy Number PAGE 2 OF 20 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY EFFECTIVE DATE Daniel R. December 17, County Administrator 2019February 23, 2021 J. Policy Number PAGE 3 OF 20 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY EFFECTIVE DATE Daniel R. December 17, County Administrator 2019February 23, 2021 Section 2 Financial Reporting 1. A. Generally Accepted Accounting Principles of the United States of America (GAAP) B. Government Accounting Standards (GAS), issued by the Comptroller General of the United States C. The Uniform Financial Reporting Manual, issued by the Auditor of Public Accounts of the Commonwealth of Virginia D. Specifications for Audits of Counties, Cities and Towns, issued by the Auditor of Public Accounts of the Commonwealth of Virginia E. Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and the Compliance Supplement, issued by the U.S. Office of Management and Budget F. in Financial Reporting and Distinguished Budget Presentation Award Programs G. 2. The County will establish and maintain an internal control structure designed to protect the County from loss, theft and misuse. The structure will be designed to provide reasonable assurance of that objective; the concept of reasonable assurance recognizes that: A. The cost of a control should not exceed the benefits likely to be derived B. The valuation of costs and benefits requires estimates and judgments made by management 3. The County will also maintain a complete inventory of capital assets meeting its capitalization thresholds, in accordance with Generally Accepted Accounting Principles of the United States of America. 4. A comprehensive, annual financial audit, including an audit of federal grants, will be conducted by an independent public accounting firm, and the results of that audit will be presented publicly to the Board of Supervisors by December 31, following the end of the previous fiscal year. Section 3 Annual Budget 1. Budget Ordinances A. accordance with the Local Government Budget and Fiscal Control Act (N. C. G. S 159- Policy Number PAGE 4 OF 20 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY EFFECTIVE DATE Daniel R. December 17, County Administrator 2019February 23, 2021 8{a}). This Act states that a budget ordinance is balanced when the sum of estimated net revenues and appropriated fund balances is equal to appropriations. B. The General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, Schools and Internal Service Funds shall have legally adopted budgets through the annual budget ordinances. C. County staff shall provide for approval by the Board five ordinances providing appropriations for County and Schools operating, capital, and transfers. These ordinances will include: 1. 2. 3. transfers to, and on behalf of, the Schools. 4. 5. D. The Board does not legally adopt budgets in instances where the County acts as fiscal agent for trust and agency funds. 2. Budgeting Process A. County staff shall provide to the Board a calendar of significant dates and legal requirements associated with the next fiscal year budget no later than October of each year. B. The County Administrator shall submit to the Board a balanced Capital Budget in January and a balanced Operating Budget in March for the next fiscal year. C. After a series of work sessions and public hearings on the budget, the Board of Supervisors shall adopt the annual operating and capital budgets for both the County and the Schools in May for appropriations effective July 1 of the next fiscal year. 3. Budgeting Philosophy The budget will provide for current expenditures balanced with current revenues. It will address the adequate maintenance and orderly replacement of capital assets, and the adequate funding of all retirement systems and other post-employment benefits (OPEB). Funding shall be identified for incremental operating costs associated with capital projects in the operating budget after being identified and approved in the Capital Improvement Program. 4. Budget Monitoring Policy Number PAGE 5 OF 20 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY EFFECTIVE DATE Daniel R. December 17, County Administrator 2019February 23, 2021 The County will maintain a budget control system and staff will monitor and evaluate expenditures and revenues as compared to budget and/or prior year-to-date reports. The County Administrator will propose recommendations to the Board for adjustments as needed. Section 4 Revenues and Expenditures 1. Revenues A. The County will strive to maintain a diversified and stable revenue system to shelter the organization from fluctuations in any single revenue source and ensure its ability to provide ongoing service. B. s policy for one-time revenues to be used to fund capital projects or other non-recurring expenditures. County staff will provide revenue estimates for the next fiscal year by using historical data, current economic conditions, and future economic projections. C. Revenue estimates are monitored on a regular basis to identify any potential trends that would significantly impact the revenue sources. In January of each year, County staff will provide for information to the Board a mid-year update of current year revenues as relates to the adopted budget. In September of each year, or soon thereafter as preliminary year- end revenue estimates are available, County staff will provide for information to the Board a year-end comparison of budgeted to actual revenues for the previous fiscal year. 2. Revenue Team A. A Revenue Team composed of County staff and appropriate Constitutional Officers meets to review current construction trends, the number of authorized building permits, housing sales, mortgage rates, and other economic data which impact Real Estate Tax revenue collections. B. In addition, the Revenue Team uses statistical models to estimate revenue categories including but not limited to: the Personal Property Tax; Local Sales Tax; Business, Professional, and Occupational License Tax; Consumer Utility Tax; Hotel and Motel Tax; Meals Tax; and Recordation Tax. 3. Fees and Charges A. Roanoke County, where possible, institutes user fees and charges for providing specialized programs and services. Established rates recover operational costs, indirect Policy Number PAGE 6 OF 20 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY EFFECTIVE DATE Daniel R. December 17, County Administrator 2019February 23, 2021 costs, and capital or debt service costs. The County will regularly review user fee charges and related expenditures to determine if it is meeting pre-established recovery goals. B. As part of the budget development process, County staff shall produce an annual Fee Compendium to be adopted by the Board of Supervisors at the same time as adoption of the Annual Budget Ordinances. The Fee Compendium will list all fees and charges imposed by the County for providing specialized programs and services. The Fee Compendium will provide details on the type of fee, authority to levy the fee, current fees, and proposed changes to the current fees. 4. Revenue Sharing Formula with Schools The Revenue Sharing formula establishes a mechanism to share County revenue with the Schools through the application of a formula. The formula accounts for the shifting dynamic between the level of student enrollment and the overall population of the County to determine a revenue sharing ratio that provides both organizations an equitable amount of resources relative to need. The allocation formula includes the following calculations: A. Calculate Three-Year Average: Establish a three year rolling average index for the changes in county population and student enrollment. Using a rolling average eliminates significant fluctuations from year to year while recognizing that these trends affect the provision of services. The statistics used for this index will be derived from publicly available sources as follows: 1. County population - Population numbers published in the statistical section of the Roanoke County Comprehensive Annual Financial Report (County CAFR). 2. Student enrollment - Average Daily Membership (ADM) published in the statistical section of the Roanoke County Schools Comprehensive Annual Financial Report (School CAFR) and the Budget and Salary Scales (adopted budget). B. Calculate Net Allocation Change: 1. Calculate a payroll factor using the percentage of school personnel budget to total personnel budget for the County and the Schools for the current year. 2. The payroll factor should be applied to the change in the three year rolling average index and then applied to the current year index to arrive at a net tax allocation change for the new budget year. C. Calculate Increase/(Decrease) in School Transfer: 1. Apply the net tax allocation change to the allocation percent calculated in the prior year to arrive at the new percent of adopted budget net taxes. This percent is then applied to the projected County revenues for total general property taxes and total other local taxes as published in the Roanoke County Annual Financial Plan (General Fund Summary of Revenue). Policy Number PAGE 7 OF 20 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY EFFECTIVE DATE Daniel R. December 17, County Administrator 2019February 23, 2021 2. Supervisors action) will be subtracted from the General Property and Local Tax projection. 3. New economic development incentives will be subtracted from the General Property and Local Tax projection and added back when each incentive arrangement expires. 4. Increases in the amount budgeted for Comprehensive Services Act (CPMT) will be subtracted from the General Property and Local Tax projection (since this provides benefits to and satisfies obligations of both the school and general population). 5. The increase or decrease in the school transfer is then added to or deducted from the transfer to schools for the previous year to arrive at the total transfer to schools for the next budget. D. financial plan. E. Other: 1. During each annual budget preparation cycle, County staff and School staff shall work collaboratively to determine the increase or decrease in the operating allocation to the schools from the County. 2. The allocation of revenues are subject to annual appropriations by the Board of Supervisors. 5. Expenditures non-departmental, and capital fund expenditures. In coordination with departments, Budget staff will monitor expenditures throughout the fiscal year to ensure compliance with legal requirements and accounting standards. Expenditure estimates are monitored on a regular basis to identify any potential trends that would significantly impact the approved budgeted expenditure levels. In January of each year, County staff will provide for information to the Board a mid-year update of current year expenditures as relates to the adopted budget. In September of each year, or soon thereafter as preliminary year-end expenditure estimates are available, County staff will provide for information to the Board a year-end comparison of budgeted to actual expenditures for the previous fiscal year. 6. Board of Supervisors Contingency Expenditure Budget The Board of Supervisors generally appropriates a Contingency budget to provide for unanticipated expenditures that arise during the year. This budget is recommended to be established at a minimum of $50,000, though the Board has the discretion to alter that amount Policy Number PAGE 8 OF 20 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY EFFECTIVE DATE Daniel R. December 17, County Administrator 2019February 23, 2021 through the budget appropriation process. The use of these funds require approval of the Board of Supervisors. 7. Expenditure Budget Transfers Language is included in the annual Operating and Capital Budget Ordinances providing the County Administrator, or his/her designee, the authority to transfer funds within and between appropriation functions. Amendments impacting the level of budget authority established by fund through the Annual Operating and Capital Budget Ordinances must be approved by the Board as a supplemental budget appropriation. Language governing expenditure budget transfers will be reviewed by staff and approved by the Board on an annual basis. 8. Revenue and Expenditure Forecasting A forecast of General Fund expenditures and revenues is developed as budget process and is periodically updated. Individual and aggregate revenue categories, as well as expenditures, are projected by revenue and/or expenditure type. Historical growth rates, economic assumptions and County expenditure priorities are all used in developing the forecast. This tool is used as a planning document for developing the budget guidelines and for evaluating the future impact of current year decisions. Forecasts of revenues and expenditures are also developed for the 9. Fiscal Impact Review It is County policy that all items having potential fiscal impact be presented to the Board of Supervisors for review. This review can be part of the annual operating or capital budgets, or agenda items. Effective management dictates that the Board of Supervisors and County citizens be presented with the direct and indirect costs of all items as part of the decision making process. 10. End of Year Designations All General Government unexpended appropriations and all General Government revenues collected in excess of appropriated revenues at the end of the fiscal year will not lapse but shall be re-appropriated and recommendations for use will be presented to the Board of Supervisors for approval during the final year-end report. Section 5 Capital Improvement Planning 1. Ten-Year Capital Improvement Program (CIP) The County Administrator annually will submit to the Board for its consideration a ten-year Capital Improvement Program (CIP) pursuant to the timeline established in the annual budget Policy Number PAGE 9 OF 20 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY EFFECTIVE DATE Daniel R. December 17, County Administrator 2019February 23, 2021 preparation schedule. For inclusion in the Capital Improvement Program, a project or collection of projects generally must have an estimated useful life that exceeds five years with a total project cost of at least $100,000. The Capital Improvement Program shall include the following elements: A. A statement of the objectives of the Capital Improvement Program and its relationship to B. An estimate of the cost and anticipated sources of funds for each project included in the Capital Improvement Program. Each year of the ten-year program must be balanced in that all capital expenditures included in the plan must have an identified funding source. C. A summary of capital projects considered, but not included in the balanced ten-year program. D. An estimate of the fiscal impact of the project, including additional operating costs or E. Adherence to all policies related to debt and debt service as described in the section 2. Capital Year Budget The first year of the Capital Improvement Program, also known as the Capital Year Budget, will be appropriated by the Board as part of the adoption of the annual Capital Budget Ordinance. The annual Capital Budget Ordinance shall set forth specific provisions regarding funds remaining at project completion and the ability of the County Administrator to transfer funds to facilitate the completion of an existing project. 3. Facilities Assessment The County and Schools shall obtain an independent, professional, and comprehensive facilities assessment to ascertain the present condition of each facility, and to assist the County and the Schools in forecasting capital funding requirements to address deficiencies. The assessment shall also be used to establish priorities for the maintenance, repair, enhancement, or replacement of facilities and their component systems, and to be used in the development of the Capital Maintenance Program and Capital Improvement Program. Further, the analysis as presented in the assessment shall be useful when identifying and justifying needs to support a future bond issue. This evaluation shall be reviewed internally by staff on an annual basis and updated by an independent professional every 7-10 years after the initial evaluation. 4. Capital Project Status Reports On a bi-annual basis, County staff shall provide the Board with a summary status of all active capital projects in October of each year. The summary shall include status of the project, preliminary financial information through the end of the prior fiscal year, and other relevant information as determined by staff. Policy Number PAGE 10 OF 20 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY EFFECTIVE DATE Daniel R. December 17, County Administrator 2019February 23, 2021 Section 6 -as-you- 1. A number of options are available for financing the Capital Improvement Program, including bond proceeds and other non-County funding sources (e.g. grants and private capital -as- you- intent to show purposeful restraint in incurring long-term debt. 2. The decision for using current revenues to fund a capital project is based on the merits of the particular project in relation to an agreed upon set of criteria, including balancing capital needs -as-you--recurring revenues should not be used for recurring expenditures. Section 7 Debt Management 1. Legal Requirements The County shall comply with all requirements of the Code of Virginia and other legal and for the County or its debt issuing authorities. The County shall comply with the U.S. Internal Revenue Service arbitrage rebate requirements for bonded indebtedness. In addition, the County will institute a control structure to monitor and ensure compliance with bond covenants. 2. Purposes for Debt Issuance The County may issue debt for the purpose of acquiring or constructing Capital Projects, including buildings, machinery, equipment, furniture and fixtures. This includes debt issued on behalf of the Schools for the same purposes. When feasible, debt issuances will be pooled together to minimize issuance costs. The Capital Improvements Program will identify all debt- related projects and the debt service impact upon operations identified. 3. Guidelines for Issuing Debt The County recognizes that the essential components of a debt policy are the limitations and concerning indebtedness: A. Debt issuances are limited to $12 million annually with one year designated for County capital projects and two years designated for School Capital projects included in the adopted Capital Improvement Program (CIP). Bond funding shall be allocated to the County in, FY 2023, FY 2026, and FY 2029; to the Schools, FY 2021, FY 2022, FY 2024, FY 2025, Policy Number PAGE 11 OF 20 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY EFFECTIVE DATE Daniel R. December 17, County Administrator 2019February 23, 2021 FY 2027, FY 2028, and FY 2030 and FY 2031. Effective with capital projects appropriated accumulating bonding capacity where project costs exceed the $12 million limit. B. The County will not use short-term borrowing to finance operating needs, except in C. Long-term debt will be used in compliance with all aspects of the debt policy. D. The maturity of any debt will not exceed the expected useful life of the project for which the debt is issued. No bonds greater than twenty (20) years will be issued. E. Each project proposed for financing through debt issuance will have a multi-year analysis performed for review of the debt F. At a minimum, all issuances of Debt require approval and appropriation of the proceeds by the Board of Supervisors with additional approvals, if applicable, indicated in the section 4. Funding Sources for the Debt Payment Reserve Fund A. Annual contributions to the Debt Payment Reserve Fund shall total $8.2 million from the following sources: $4.2 million from County sources, $2.2 million from School sources, and $1.8 million from expired Economic Development incentives. In addition, both the County and the Schools will add an incremental $200,000 each year starting July 1, 2020. Changes in debt service payments beneficial to the fund shall be retained by the Fund. Contributions will be accounted for in the Debt Payment Reserve Fund. Schools and County Incremental Contribution: County Total Budget Schools Total Increase Transfer Year Transfer 2020-2021 2,400,000 200,000 2,400,000 2021-2022 200,000 2,600,000 2,600,000 2022-2023 200,000 2,800,000 2,800,000 2023-2024 200,000 3,000,000 3,000,000 2024-2025 200,000 3,200,000 3,200,000 2025-2026 200,000 3,400,000 3,400,000 2026-2027 200,000 3,600,000 3,600,000 2027-2028 3,800,000 200,000 3,800,000 2028-2029 200,000 4,000,000 4,000,000 2029-2030 4,200,000 4,200,000 200,000 B. The Debt Payment Reserve Fund will use a benchmark interest rate assumption of six percent (6%). Contribution levels to support the capital financing plan will be reviewed Policy Number PAGE 12 OF 20 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY EFFECTIVE DATE Daniel R. December 17, County Administrator 2019February 23, 2021 annually and changed upon mutual agreement of the Board of Supervisors and School Board. C. Funding in the amount of $1 million from the County and $1 million from the Schools will continue for the Capital Maintenance Programs and be included in the Capital Improvement Program. Section 8 Debt Limits 1. The County does not have any Constitutional or Statutory Debt Limits. The County does abide by the following self-imposed debt targets: A. Net Outstanding and Projected Debt as a Percentage of Total Taxable Assessed Value will not exceed three percent (3%) in the current fiscal year or subsequent fiscal B. General Obligation Current and Projected Debt Service as a Percentage of The General Government Budget will not exceed ten percent (10%) in the current fiscal year or subsequent fisThe General Government budget includes the Governmental Fund expenditures, the School Board component unit expenditures, and County and School transfers to capital projects and Proprietary (CAFR). 2. All debt ratio calculations shall include debt issued on behalf of the Schools. These ratios will be calculated each year in conjunction with the budget process and the annual audit. Section 9 Types of Debt/Structural Features 1. Revenue Anticipation Notes A. flow to avoid the need for Revenue Anticipation Notes (RANs). B. The County may issue RANs i ability to forecast when the revenue source will be received subsequent to the timing of funds needed. C. The County will issue RANs for a period not to exceed the one year period permitted under the Constitution of Virginia, Article VII section 10. 2. General Obligation Bonds A. The Constitution of Virginia, Article VII section 10, and the Public Finance Act provide the authority for a County to issue General Obligation (GO) Debt with no limit on the amount of Policy Number PAGE 13 OF 20 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY EFFECTIVE DATE Daniel R. December 17, County Administrator 2019February 23, 2021 GO Debt that a County may issue. The County may issue GO Debt for capital projects or other properly approved projects. B. All debt secured by the general obligation of the County must be approved by the Board of Supervisors and a public referendum, with the exception of Virginia Public School Authority (VPSA) Bonds and State Literary Fund Loans, which do not need approval by referendum. 3. VPSA Bonds and State Literary Fund Loans A. School capital projects may be constructed with debt, either through VPSA Bonds or State Literary Fund Loans, and refunding bonds with preference given to accessibility and interest rates. B. Approval of the School Board is required prior to approval by the Board of Supervisors. 4. Lease/Revenue Bonds A. The County may issue Lease/Revenue bonds to fund enterprise activities or for capital projects that may generate a revenue stream, or issuance through the Virginia Resources Authority. B. If applicable, the bonds will include written covenants, which will require that the revenue sources are sufficient to fund the debt service requirements. C. Cost of issuance, debt service reserve funds and capitalized interest may be included in the capital project costs and thus are fully eligible for reimbursement from bond proceeds. 5. Capital Acquisition Notes and Leases The County may issue short-term notes or capital leases to purchase buildings, machinery, equipment, furniture and fixtures. 6. Moral Obligation Debt A. The County may enter into leases, contracts, or other agreements with other public bodies, which provide for the payment of debt when revenues of such agencies may prove insufficient to cover debt service. B. Payment of such moral obligation debt service will be done when the best interest of the County is clearly demonstrated. C. While such moral obligation support does not affect the debt limit of the County, the limit potential demands on the County. There is no legal obligation, but the County is placing its good name and reputation on the line and there is every expectation that the County would make good any deficiencies when a default exists. Policy Number PAGE 14 OF 20 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY EFFECTIVE DATE Daniel R. December 17, County Administrator 2019February 23, 2021 7. Credit Objectives The County of Roanoke will strive to maintain or improve its current bond ratings. The County will als Report (CAFR) and the Operating and Capital Improvement Program Budget. 8. Authorized Methods of Sale The County will select a method of sale that is the most appropriate in light of financial, market, transaction-specific and issuer-related conditions. Debt obligations are generally issued through competitive sale. If the County and its financial advisor determine that a competitive sale would not result in the best outcome for the County, then a negotiated sale, private placement or other method may be chosen. 9. Selecting Outside Finance Professionals The County of Roanoke will retain external finance professionals to be selected through a competitive process. The finance professionals will include, but may not be limited to, the financial advisor, bond counsel and the underwriter. The finance professionals will assist in developing a bond issuance strategy, preparing bond documents and marketing bonds to investors. The length of the contracts will be determined by the County. The selection process will require experience in the following: municipal debt, diverse financial structuring, and pricing municipal securities. 10. Post-Issuance Compliance A. The Director of Finance will oversee post-issuance compliance activities to ensure compliance with federal guidelines and other legal regulatory requirements including: 1. Tracking proceeds of a debt issuance to ensure they are spent on qualified tax-exempt debt purposes 2. Maintaining detailed records of all expenditures and investments related to debt funds 3. Ensuring that projects financed are used in a manner consistent with legal requirements 4. Reporting of necessary disclosure information and other required fillings in a timely manner 5. Monitoring compliance with applicable arbitrage rules and performing required rebate calculations in a timely manner B. The Director of Finance may consult with bond counsel, financial advisors or other professionals as deemed appropriate to meet the post-issuance compliance requirements. Policy Number PAGE 15 OF 20 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY EFFECTIVE DATE Daniel R. December 17, County Administrator 2019February 23, 2021 Section 10 Reserves 1. General Government Fund A. T Balance will be maintained to provide the County with sufficient working capital and a comfortable margin of safety to address emergencies and unexpected declines in revenue. B. The Ge support recurring operating expenditures outside of the current budget year. If a budget variance requires the use of Unassigned Fund Balance, the County will decrease the General Govern fiscal years to subsidize General Fund operations. C. e as follows: Fund Number Fund Name Policy C100 General Government Fund Twelve percent (12%) of budgeted annual General Government expenditures D. provide for temporary funding of unforeseen emergency needs, the County shall restore the balance to the twelve percent (12%) minimum, as defined above, within two fiscal years following the fiscal year in which the event occurred. This will provide for full recovery of the targeted General Government Fund Unassigned Fund Balance in a timely manner. E. Funds in excess of the maximum annual requirements outlined above may be considered -as-you- with Board approval. 2. General Government Fund Expenditure Contingency A. Contingency will be maintained to provide for unanticipated expenditures of a non- recurring nature or to meet unanticipated increased service delivery costs. B. The General Government Fu Policy Number PAGE 16 OF 20 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY EFFECTIVE DATE Daniel R. December 17, County Administrator 2019February 23, 2021 C100 General Government Fund 0.25% of budgeted annual General Expenditure Contingency Government expenditures 1. To the extent the contingency falls below the established policy, the contingency will be restored to that level within two fiscal years. C. Any use of the General Government Fund Expenditure Contingency will be presented at a meeting of the Board of Supervisors as part of the consent agenda. 3. Other General Funds A. For the funds listed below, an annual Unassigned Fund Balance shall be maintained as follows: Fund Item Number Fund Name Policy Fifteen percent (15%) of budgeted annual 1. C111 expenditures Act (CSA) Ten percent (10%) of budgeted annual Criminal Justice 2. C126 expenditures Academy Seven and a half percent (7.5%) of budgeted 3. C130 Fleet Service Center annual expenditures Communications and Five percent (5%) of budgeted annual Information expenditures 4. C141 Technology (CommIT) Ten percent (10%) of budgeted annual Communications 5. C142 expenditures Shop Emergency Five percent (5%) of budgeted annual 6. C144 Communications expenditures Center (ECC) Five percent (5%) of budgeted annual 7. C150 Recreation Fee Class expenditures Policy Number PAGE 17 OF 20 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY EFFECTIVE DATE Daniel R. December 17, County Administrator 2019February 23, 2021 B. In the event that any temporary funding of unforeseen emergency needs, the County shall restore the balance to the minimum, as defined above, within two fiscal years following the fiscal year in which the event occurred. This will provide for full recovery of the targeted Fund Unassigned Fund Balance in a timely manner. C. Funds in excess of the Unassigned Fund Balance policy outlined above may be -as-you-recurring expenditures with Board approval. D. balance but do not have a specific annual target. These County Funds are not permitted to expend funds in excess of available revenues. 4. Capital Reserve Funds -as-you- capital projects as detailed in the approved Capital Improvement Program. Contributions to the Capital Reserve Fund will primarily be made with year-end expenditure savings and revenue surplus balances. On annual basis, County staff shall present to the Board for consideration the allocation of year-end balances to support the Capital Reserve Fund. There are no minimum fund balance requirements associated with the Capital Reserve Fund. 5. Internal Service Fund Reserves The County has three funds classified as Internal Services Funds; they include the Health Insurance Fund, Dental Insurance Fund, and Risk Management Fund. A. Health Insurance Fund (Fund C700) 1. So as long as the County continues the current policy of self-insuring health insurance costs, a reserve for healthcare costs shall be maintained as follows: Fund Number Fund Name Policy C700 Health Insurance Fund Ten percent (10%) of budgeted healthcare costs plus a reserve equal to the estimated incurred but not reported (IBNR) claims. 2. To the extent the reserve falls below the minimum threshold of 10%, the reserve will be restored to that level within two fiscal years. Funds in excess of the Unassigned Fund Balance policies in all Other Funds outlined in this policy may be transferred to the Health Insurance Fund to restore the Health Insurance Fund Balance policy with Board approval. Policy Number PAGE 18 OF 20 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY EFFECTIVE DATE Daniel R. December 17, County Administrator 2019February 23, 2021 3. At no time shall the use of funds in excess of the 10% fund balance plus a reserve equal to the estimated incurred but not reported (IBNR) claims be used to reduce the annual employee contribution to the Health Insurance Fund, except in cases where a temporary rate adjustment has been made to restore minimum Health Insurance Fund Balance levels. Funds in excess of the Unassigned Fund Balance policy outlined above -as-you- nonrecurring expenditures with Board approval. B. Dental Insurance (Fund C705) So as long as the County elects to provide a fully insured Dental plan, no reserve is required. If the County elects to self-insure Dental Insurance costs in the future, a reserve for dental costs will be established by the Board. C. Risk Management (Fund C710) 1. So as long as the County continues the current policy of self- Compensation costs, a reserve for Risk Management costs shall be maintained as follows: Fund Number Fund Name Policy C710 Risk Management Fund Ten percent (10%) of budgeted risk management costs plus a reserve equal to the estimated incurred but not reported (IBNR) claims. A reserve of $500,000 shall be established for potential auto or property claims. 2. To the extent the reserve falls below the established policy, the reserve will be restored to that level within two fiscal years. Funds in excess of the Unassigned Fund Balance policies in all Other Funds outlined in this policy may be transferred to the Risk Management Fund to restore the Risk Management Fund Balance policy with Board approval. 6. Roanoke County Public Schools Reserves and Year End Allocation A. Roanoke County Public Schools will maintain a $2 million unappropriated balance. This balance is available for unexpected revenue shortfalls, unplanned significant expenditures increases, and emergency appropriations. The balance will be reserved for financial emergencies and when appropriations are necessary, the balance will be replenished with the next available year end funds from the School Operations. Policy Number PAGE 19 OF 20 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY EFFECTIVE DATE Daniel R. December 17, County Administrator 2019February 23, 2021 B. All School Operating Fund appropriations remaining at the end of the year will not lapse but shall be appropriated to the Schools and used for Major Capital projects, Minor Capital projects, Capital Maintenance Program, School Safety and Security, and/or Comprehensive Services Act reserves. Section 11 Cash Management/Investments 1. Maintaining the maintenance of liquidity of the investment and optimization of the rate of return within the parameters of the Code of Virginia, respectively. Funds held for future capital projects are invested in accordance with these objectives, and in such a manner so as to ensure compliance with U.S. Treasury arbitrage regulations. The County maintains cash and temporary investments in several investment portfolios. 2. The Treasurer, County of Roanoke (an elected Constitutional Officer) is responsible for maintaining and updating a separate investment policy, which is approved by the Board of Supervisors. Section 12 Internal Controls 1. A comprehensive system of financial internal controls shall be maintained in order to protect 2. Managers at all levels shall be responsible for implementing sound controls and for regularly monitoring and measuring their effectiveness. Section 13 Administration and Approvals 1. Responsible Department The Department of Finance and Management Services are responsible for the administration of this policy. 2. Policy Authority The Board of Supervisors authorizes the use of this policy. 3. Amendment of Policy These rules may be changed or amended by resolution of the Board of Supervisors. Policy Number PAGE 20 OF 20 COUNTY OF ROANOKE Roanoke, Virginia COMPREHENSIVE FINANCIAL POLICY EFFECTIVE DATE Daniel R. December 17, County Administrator 2019February 23, 2021 4. Review Date This policy will be reviewed annually and updated as necessary for modifications. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 23, 2021 RESOLUTION ACCEPTING AND APPROVING RECOMMENDED CHANGES TO THE COMPREHENSIVE FINANCIAL POLICY WHEREAS, the County adopted a Comprehensive Financial Policy effective December 17, 2019; and WHEREAS, the policy is to be reviewed and any changes recommended annually; NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. Section 5 Item 4 is changed to remove wording on a biannual basis and replace with in October of each year; and 2. Section 5 Item 4 is changed to add preliminary financial information through the end of the prior fiscal year ; and 3. Under Section 7 Item 3 the dates have been changed to remove fiscal year 2021 (Schools) and add fiscal year 2031 (Schools); and 4. The effective date of the Comprehensive Financial Policy has been changed from December 17, 2019, to February 23, 2021. Page 1 of 1 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 23, 2021 AGENDA ITEM: Resolution approving Memorandum of Understanding among the City of Roanoke, Town of Vinton, County of Roanoke, County of Botetourt, World Triathlon Corporation and Roanoke Valley Convention and Visitors Bureau regarding the 2021 IRONMAN 70.3 Race support services SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: County Administrator ISSUE: Approval of Memorandum of Understanding for the 2021 IRONMAN 70.3 Race BACKGROUND: Carilion Clinic and Visit Virginia's Blue Ridge ("VVBR") have worked with World Triathlon Corporation ("WTC") to plan for the IronMan triathlon to take place in June 2021. This MOU among the local governments directly affected by the triathlon sets forth the rights and responsibilities of WTC, VVBR, and the localities with regard to the event. DISCUSSION: The IronMan triathlon is a regional economic development opportunity for all localities involved. This event will highlight the area as a premier outdoor tourism destination. FISCAL IMPACT: The term of the MOU require WTC to reimburse localities for expenses incurred as a result of the triathlon, including overtime for first-responders. It is anticipated that the event will have a positive fiscal impact for the region in terms of hotel, restaurant and Page 1 of 2 other revenue associated with a large tourism event. STAFF RECOMMENDATION: Staff recommends approval of the MOU. Page 2 of 2 MEMORANDUM OF UNDERSTANDING AMONG CITY OF ROANOKE, TOWN OF VINTON, COUNTY OF ROANOKE, COUNTY OF BOTETOURT, WORLD TRIATHLON CORPORATION, AND ROANOKE VALLEY CONVENTION AND VISITORS BUREAU REGARDING 2021 IRONMAN 70.3 RACE SUPPORT SERVICES This Memorandum Agreement Roanoke CityVinton Roanoke CountyBotetourt each of which is a political subdivision or municipality of the Commonwealth of Virginia, Participating Localities, a Florida corporation d/b/a WTC, and Roanoke Valley Convention and Visitors Bureau D/B/A Visit VVBR SECTION 1. BACKGROUND: WTC own and operate IRONMAN 70.3 branded events. VVBR has entered into an agreement with WTC for WTC to conduct an IRONMAN 70.3 triathlon annually within the geographical boundaries of the Participating Localities; VVBR has agreed to provide limited financial support, WTC staff housing, and facilitation services for the triathlon in each Participating Locality. provision of support services for the triathlon events, and the Participating Localities are willing to provide such services. The purpose of this Agreement is to set forth the ΟЋААВЎЉЉΏЊͲ ЉААВЍАΏЉЉЉЉЊΏЉЊΠ tğŭĻ Њ ƚŅ ЊБ responsibilities as they pertain to the support services to be provided by the Participating Event June 6, 2021. SECTION 2. TERMS: A. 1. Assign a staff member to serve as the point person to represent the Participating Localities in all matters regarding the Event. Such VVBR point person shall not have the authority to bind the Participating Localities without their express, written consent thereto. 2. Provide copies of all non-privileged or otherwise proprietary documentation, agreements, and other writings, whether in electronic format or otherwise, by the Participating Localities. 3. Departments, Fire and Rescue Departments, Parks and Recreation Departments, and administrative officials (i.e. City, County, and Town Managers and their designees) in all appropriate future Event planning. This includes and is not limited to, providing the Participating Localities reasonable advance notice of relevant meetings, being copied on relevant correspondence between VVBR and WTC concerning the Event, and being invited to participate in relevant conference calls concerning the Event. ΟЋААВЎЉЉΏЊͲ ЉААВЍАΏЉЉЉЉЊΏЉЊΠ tğŭĻ Ћ ƚŅ ЊБ 4. VVBR agrees that it will not commit or otherwise pledge any specific resources or assistance from any of the Participating Localities to the Event without the prior express, written approval of the Participating Locality. 5. VVBR shall indemnify, protect, defend and hold harmless WTC and the Participating Localities, and each of their respective shareholders, affiliates, directors, officers, employees, contractors, subcontractors, volunteers, representatives, and agents from and against any and all claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments, and expenses, including without limitation, , and other legal expenses, arising out of, directly or indirectly, or in connection with: (i) any breach or alleged breach of any provision of this Agreement by VVBR or any representation or warranty made by the VVBR herein; or (ii) any negligent act or omission to act by VVBR , or any of its employees, servants, or agents. The obligations herein shall in full force and effect and shall survive the Termination Date of this Agreement. B. Responsibilities: 1. WTC shall apply for and obtain a special event permit from each of the Special Event Permit law. 2. WTC agrees that each Participating Locality will not be required to provide support services outside of the borders of their respective locality, unless approved by each respective Participating Locality. ΟЋААВЎЉЉΏЊͲ ЉААВЍАΏЉЉЉЉЊΏЉЊΠ tğŭĻ Ќ ƚŅ ЊБ 3. WTC shall, throughout the Term, obtain and maintain its own automobile liability insurance for the Event from an insurance company r without limitation, any and all claims of bodily injury, death, property damage, and advertising liability, and any and all litigation, mediation and settlement costs, related to any claims for or by any Event participants, volunteers, referees, officials, scorekeepers, spectators, sponsors, and staff with a minimum combined single limit equal to but not less than two million U.S. dollars ($2,000,000.00) per occurrence for any one incident or accident, and not less than five million U.S. dollars ($5,000,000.00) in aggregate, statutory any combination of primary and excess coverage; provided, that, any such excess coverage follows form of the primary coverage. WTC shall cause the Participating Localities to be named as additional insureds under the required insurance policies, by endorsement, in connection with the Event. insurance must be provided to Participating Localities at least thirty (30) days prior to the date of the Event. 4. WTC shall indemnify, protect, defend and hold harmless VVBR and the Participating Localities, and each of their respective shareholders, affiliates, directors, officers, employees, contractors, subcontractors, volunteers, representatives, and agents from and against any and all claims, liabilities, ΟЋААВЎЉЉΏЊͲ ЉААВЍАΏЉЉЉЉЊΏЉЊΠ tğŭĻ Ѝ ƚŅ ЊБ losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments, and expenses, including without limitation, or indirectly, or in connection with: (i) any breach or alleged breach of any provision of this Agreement by WTC or any representation or warranty made by WTC herein; or (ii) any negligent act or omission to act by WTC, or any of its employees, servants, agents or assigns. 5. WTC agrees that it will not commit or otherwise pledge any specific resources or assistance from any of the Participating Localities to the Event without the prior express, written approval of the Participating Locality. 6. WTC agrees that any route for the Event located within the Participating consultation with WTC, and that such land is used in its AS IS condition. WTC acknowledges that the Participating Localities make no warranties or representations regarding the suitability of the land for the Event. 7. WTC will reimburse the Participating Localities for any direct out-of-pocket costs reasonably incurred in the provision of support services associated with the Event, provided, however, that any such costs and rates must be itemized and pre-approved in writing by WTC. For purposes of this subsection, electronic mail shall constitute requisite approval. For purposes of this Agreement, support services shall include, but not be limited to, EMS, fire, police, and such other services requested in writing by WTC from the Participating Localities to conduct the Event and itemized estimates of all ΟЋААВЎЉЉΏЊͲ ЉААВЍАΏЉЉЉЉЊΏЉЊΠ tğŭĻ Ў ƚŅ ЊБ such costs shall be provided to WTC within fourteen (14) days after its request for such support services or as soon thereafter as such estimates may be reasonably calculated and provided. The reimbursement described in this Section shall be paid by WTC within thirty (30) days after the later of (a) the Event or (b) the date WTC has been provided with itemized invoices for such reimbursement costs. C. With the respect to the Event, and at no cost to WTC (unless otherwise expressly stated below), Participating Localities shall, as the case may be, do, obtain, or provide (or cause to do, obtain, or provide) the following: 1. Assist in selection of an appropriate route for the triathlon; provided, however, the final route for the triathlon must be agreed to by all parties, which agreement will not unreasonably be denied, delayed or conditioned. 2. Once a route has been agreed upon by all parties, the Participating Localities will each create a list of landowners who own property adjacent and surrounding the route and shall provide such publicly available information to WTC and VVBR, which information may be used by WTC to notify the property owners of the Event, at WTC sole Traffic Impact Notice program. 3. Provide police assistance (with matters such as road closures and traffic Departments, where applicable. Prior to the Event WTC and the use best efforts to mutually agree upon the ΟЋААВЎЉЉΏЊͲ ЉААВЍАΏЉЉЉЉЊΏЉЊΠ tğŭĻ Џ ƚŅ ЊБ scope of services and the rates to be paid by WTC (not to exceed the for the police assistance to be provided by the , including the overtime rates where applicable. The Participating with road closures and traffic and crowd control, and as may further be governing bodies, where applicable. As stated above in Section 2.B.2, law enforcement personnel will be assigned to provide assistance under this Section within their respective home jurisdictions unless otherwise agreed by the Participating Locality. 4. Provide emergency services for police and firefighting services through the Participatin and as may Permits. 5. Provide reasonable assistance to WTC in securing any necessary parks and other locations within each purpose of storing materials and related equipment in connection with the Event. 6. Provide various reasonable resource needs to WTC associated with the ΟЋААВЎЉЉΏЊͲ ЉААВЍАΏЉЉЉЉЊΏЉЊΠ tğŭĻ А ƚŅ ЊБ 7. The parties acknowledge that there may be additional responsibilities and obligations of the Participating Localities that are unique and specific to each Participating Locality that are not included herein, which may be included in the Special Event Permit WTC will be required to have with each Participating Locality. These additional terms will be discussed by the Participating Localities with WTC and VVBR closer to the Event as part of the planning process. SECTION 3. TERMINATION: Each of the Participating Localities reserves the right to withdraw their support, and cancel their participation in the agreement, prior to the Event, at any time, if WTC fails to submit information required to obtain a Special Event Permit or otherwise fails to reasonably fulfill any of its responsibilities, as set forth in Section 2B of this Agreement, receipt of written notice to cure such breach, which breach shall be described in detail in such notice. SECTION 4. MODIFICATION: This Agreement may only be modified in writing from time to time as deemed mutually desirable and acceptable to all parties, except the contact information, which may be modified as provided in Section 5. ΟЋААВЎЉЉΏЊͲ ЉААВЍАΏЉЉЉЉЊΏЉЊΠ tğŭĻ Б ƚŅ ЊБ SECTION 5. NOTICE: Any notice, statement, or demand required or permitted to be given hereunder by either party to the other shall be in writing and shall be given personally or by courier, by overnight delivery service, by certified mail, return receipt requested, postage prepaid, or by confirmed (either machine or personal) facsimile transmission, addressed to the recipient as follows: Notices to Roanoke City shall be addressed as follows: Robert S. Cowell, Jr. Roanoke City Manager Noel C. Taylor Municipal Building, Suite 364 215 Church Avenue, SW Roanoke, VA 24011 Telephone: 540-853-8333 Email: bob.cowell@roanokeva.gov Notices to Roanoke County shall be addressed as follows: Roanoke County Administrator 5204 Bernard Drive, Suite 402 Roanoke, VA 24018 Telephone: 540-772-2017 Email: dodonnell@roanokecountyva.gov Notices to Vinton shall be addressed as follows: Richard Peters Town Manager 311 S. Pollard St. Vinton, VA 24179 Telephone: 540-983-0607 Email: rpeters@vintonva.gov Notices to Botetourt County shall be addressed as follows: Gary P. Larrowe County Administrator 57 South Center Dr., Ste. 200 Daleville, VA 24083 Telephone: 540-928-2006 Email: glarrowe@botetourtva.gov ΟЋААВЎЉЉΏЊͲ ЉААВЍАΏЉЉЉЉЊΏЉЊΠ tğŭĻ В ƚŅ ЊБ Notices to VVBR shall be addressed as follows: Landon C. Howard President 101 Shenandoah Avenue NE Roanoke, VA 24016 Telephone: 540-342-6025 Email: lhoward@visitvbr.com Notices to WTC shall be addressed as follows: Attn: Chief Legal Officer 3407 W. Dr. Martin Luther King Jr. Blvd, Suite 100 Tampa, FL 33607 Telephone: 813-868-5940 Email: legal@ironman.com A party may modify its own contact information set forth in this section by giving notice to the other parties at the addresses set forth in this section. SECTION 6. EFFECTIVE DATE AND TERMINATION: This Agreement shall become effective as of the date when all parties have signed it, and shall remain in effect until the date that is thirty (30) days after 2021 Event, unless Term SECTION 7. GOVERNING LAW; VENUE: This Agreement shall be governed in accordance with the laws of the Commonwealth of Virginia, excluding its choice of law provisions. The exclusive venue for any dispute arising out of this Agreement shall be in the state and federal courts located in the City of Roanoke, Virginia, and each party consents to the exclusive jurisdiction of such courts. ΟЋААВЎЉЉΏЊͲ ЉААВЍАΏЉЉЉЉЊΏЉЊΠ tğŭĻ ЊЉ ƚŅ ЊБ SECTION 8. FORCE MAJEURE: None of the parties to this Agreement shall be liable for failure to perform under this Agreement if such failure arises out of causes beyond control, and without the fault or the negligence of said party. Such causes may include, but are not restricted to, Act of God or the public enemy, fires, floods, epidemics, pandemic, public health emergency, quarantine restrictions, freight embargoes, and unusually severe weather. In every case, however, a failure to perform must be beyond the control and without the fault or the negligence of said party. SECTION 9. COVID-19 COMPLIANCE: VVBR, WTC, their employees, agents, successors, and assigns shall comply with state and federal laws, regulations, standards-of-industry, executive orders, and orders of public health agencies concerning the COVID-19 declared state of emergency with regard to the Event. The Participating Localities intend to protect the health and safety of their employees, agents, contractors, citizens, and others in the course of planning for and providing a venue and assistance for the Event. The COVID-19 pandemic is a rapidly evolving event. Mandates are based on the best available guidance at the time of issuance and are subject to change at any time. The parties will defer to ongoing guidance from the Virginia Department of Health (VDH), the Centers for Disease Control (CDC), and the Virginia Department of Labor and Industry (DOLI). The Parties to this Agreement shall confer regularly, but no less often than bi-weekly, regarding updated public health compliance requirements for the Event. SECTION 10. ENTIRE AGREEMENT: This Agreement, including any exhibits hereto, embodies the complete agreement of the parties hereto with respect to the subject matter described herein, and supersedes ΟЋААВЎЉЉΏЊͲ ЉААВЍАΏЉЉЉЉЊΏЉЊΠ tğŭĻ ЊЊ ƚŅ ЊБ all oral or written previous or contemporary agreements or understandings between the parties relating to any of the matters herein, except to the extent additional terms and conditions may be included in the Special Event Permits each of the Participating Localities will have with WTC. To the extent additional terms and conditions are contained in the Special Events Permits, such terms and conditions will not contradict the terms of this Agreement. \[remainder of page intentionally blank\] ΟЋААВЎЉЉΏЊͲ ЉААВЍАΏЉЉЉЉЊΏЉЊΠ tğŭĻ ЊЋ ƚŅ ЊБ IN WITNESS WHEREOF, the parties have executed this Agreement by their authorized representatives. THE CITY OF ROANOKE Date: _______________ ____________________________________ By: Robert S. Cowell, City Manager COMMONWEALTH OF VIRGINIA ) City of Roanoke ) to-wit: The foregoing instrument was acknowledged before me this _____ day of ___________, 2021, by Robert S. Cowell, the City Manager for the City of Roanoke, Virginia, for and on behalf of the City of Roanoke, Virginia. My commission expires:__________________ ______________________________________ Notary Public Registration No. ________________________ \[remainder of page intentionally blank\] ΟЋААВЎЉЉΏЊͲ ЉААВЍАΏЉЉЉЉЊΏЉЊΠ tğŭĻ ЊЌ ƚŅ ЊБ THE TOWN OF VINTON Date: _______________ ____________________________________ By: Richard Peters, Town Manager COMMONWEALTH OF VIRGINIA ) County of Roanoke ) to-wit: The foregoing instrument was acknowledged before me this _____ day of ___________, 2021, by Richard Peters, the Town Manager for the Town of Vinton, Virginia, for and on behalf of the Town of Vinton, Virginia. My commission expires:__________________ ______________________________________ Notary Public Registration No. ________________________ \[remainder of page intentionally blank\] ΟЋААВЎЉЉΏЊͲ ЉААВЍАΏЉЉЉЉЊΏЉЊΠ tğŭĻ ЊЍ ƚŅ ЊБ THE COUNTY OF ROANOKE Date: _______________ ____________________________________ COMMONWEALTH OF VIRGINIA ) County of Roanoke ) to-wit: The foregoing instrument was acknowledged before me this _____ day of ___________, 2021 Virginia, for and on behalf of County of Roanoke, Virginia. My commission expires:__________________ ______________________________________ Notary Public Registration No. ________________________ Approved to form: ________________________________ Office of the Roanoke County Attorney \[remainder of page intentionally blank\] ΟЋААВЎЉЉΏЊͲ ЉААВЍАΏЉЉЉЉЊΏЉЊΠ tğŭĻ ЊЎ ƚŅ ЊБ THE COUNTY OF BOTETOURT Date: _______________ ____________________________________ By: Gary Larrowe, County Administrator COMMONWEALTH OF VIRGINIA ) County of Botetourt ) to-wit: The foregoing instrument was acknowledged before me this _____ day of ___________, 2021, by Gary Larrowe, the County Administrator for the County of Botetourt, Virginia, for and on behalf of County of Botetourt, Virginia. My commission expires:__________________ ______________________________________ Notary Public Registration No. ________________________ \[remainder of page intentionally blank\] ΟЋААВЎЉЉΏЊͲ ЉААВЍАΏЉЉЉЉЊΏЉЊΠ tğŭĻ ЊЏ ƚŅ ЊБ ROANOKE VALLEY CONVENTION AND Date: _______________ ____________________________________ By: Landon C. Howard, President COMMONWEALTH OF VIRGINIA ) City/County of __________________ ) to-wit: The foregoing instrument was acknowledged before me this ____ day of ___________, 2021, by Landon C. Howard, President of Roanoke Valley Convention and Visitors for and on behalf of Roanoke Valley Convention My commission expires:__________________ ______________________________________ Notary Public Registration No. ________________________ \[remainder of page intentionally blank\] ΟЋААВЎЉЉΏЊͲ ЉААВЍАΏЉЉЉЉЊΏЉЊΠ tğŭĻ ЊА ƚŅ ЊБ WORLD TRIATHLON CORPORATION Date: _______________ ____________________________________ By: Shane Facteau, Chief Operating Officer STATE OF FLORIDA ) County of __________________ ) to-wit: The foregoing instrument was acknowledged before me this _____ day of ___________, 2021, by Shane Facteau, Chief Operating Officer of World Triathlon Corporation, for and on behalf of World Triathlon Corporation. My commission expires:__________________ ______________________________________ Notary Public Registration No. ________________________ \[remainder of page intentionally blank\] ΟЋААВЎЉЉΏЊͲ ЉААВЍАΏЉЉЉЉЊΏЉЊΠ tğŭĻ ЊБ ƚŅ ЊБ 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 APPROVING MEMORANDUM OF UNDERSTANDING AMONG THE CITY OF ROANOKE, TOWN OF VINTON, COUNTY OF ROANOKE, COUNTY OF BOTETOURT, WORLD TRIATHLON CORPORATION AND ROANOKE VALLEY CONVENTION AND VISITORS BUREAU REGARDING THE 2021 IRONMAN 70.3 RACE SUPPORT SERVICES WHEREAS, the Board of Supervisors desires to authorize the County Administrator to execute a Memorandum of Understanding among the City of Roanoke, World Triathlon ies of Roanoke and Botetourt and the Town of Vinton for the Carilion Clinic Ironman 70.3 Triathlon to be held on June 6, 2021, in cooperation with Carilion Clinic, the main sponsor of the event. THEREFORE, BE IT RESOLVED BY THE Board of Supervisors of the County of Roanoke as follows: 1. The Board of Supervisors hereby authorizes the County Administrator to execute a Memorandum of Understanding among the City of Roanoke, World Triathlon Corporation Roanoke and Botetourt, and the Town of Vinton for the Carilion Clinic Ironman 70.3 Triathlon to be held on June 6, 2021, in cooperation with Carilion Clinic. 2. financial support, staff housing and facilitation services, in consideration for WTC selecting the Roanoke Valley as the location for the Event. 3. The County Administrator is authorized to execute on behalf of the County, in a form approved by the County Attorney, the aforementioned Memorandum of Page 1 of 2 Understanding , such MOU to be substantially similar to the MOU attached hereto. 4. The County Administrator is further authorized to take such further actions and execute such further documents, approved as to form by the County Attorney, as may be necessary and to accept such MOU. Page 2 of 2 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 23, 2021 AGENDA ITEM: Resolution encouraging Roanoke County Schools to provide in-person learning options for students by March 15, 2021 SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: County Administrator ISSUE: Consideration of a resolution encouraging Roanoke County Public Schools to provide in-person options for students by March 15, 2021. BACKGROUND: The COVID-19 pandemic has placed unprecedented challenges and burdens on the Roanoke County School operations, and the Schools have attempted to safely provide a hybrid of in-person and remote learning options for students. On February 5, Governor Ralph Northam called upon all Virginia school divisions to increase efforts to safely return students to classrooms; he specifically called upon all K- 12 school divisions in the Commonwealth to make in-person learning options available by March 15, 2021. Recognizing significant learning losses over the past year, Governor Northam also encouraged school divisions to offer classroom instruction during the summer months for those students and families who choose to participate. DISCUSSION: It is proposed that the Board, by resolution, encourage Roanoke County Public Schools to make in-person learning options available to all students, K-12, at least four (4) days Page 1 of 2 a week, by March 15, 20201. FISCAL IMPACT: None. 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 23, 2021 RESOLUTION ENCOURAGING ROANOKE COUNTY SCHOOLS TO PROVIDE IN-PERSON LEARNING OPTIONS FOR STUDENTS BY MARCH 15, 2021 WHEREAS, the Board of Supervisors recognizes the unprecedented challenges and burdens that the ongoing COVID-19 pandemic has placed on Roanoke County School Operations, and appreciates the hard work and creative solutions that have been implemented in order to ensure the safety of faculty, students and families, and to provide the best educational experience possible; and WHEREAS, on January 14, 2021, State Superintendent for Public Instruction, Dr. James Lane, and Health Commissioner, Dr. Norman Oliver, released interim guidance for safely re-opening PreK-12 schools in a letter to school superintendents and local health districts. This incorporated and replaced the phased guidance for Virginia schools and interim guidance for mitigation measures in K-12 settings previously issued by the Commonwealth, and prioritizes the safe return to in-person learning; and WHEREAS, on January 21, 2021, the Biden Administration also issued an executive order to support the safe reopening of schools. WHEREAS, on February 5, 2021, Governor Ralph Northam called upon all Virginia school divisions to increase efforts to safely return students to classrooms; and WHEREAS, Governor Northam specifically called on all K-12 school divisions in the Commonwealth to make in-person learning options available by March 15, 2021 in accordance with the health guidance that the Northam Administration put forward in January and new research from the Centers for Disease Control and Prevention (CDC); and Page 1 of 2 WHEREAS, recognizing significant learning losses over the past year, Governor Northam also encouraged school divisions to offer classroom instruction during the summer months for those students and families who choose to participate; and WHEREAS, the Board recognizes that in-person learning is critical to the current and future well-being of our children, and desires to encourage the Roanoke County School Board to make in-person learning options available to all students, K-12, at least four (4) days per week. NOW THEREFORE BE IT RESOLVED by the Roanoke County Board of Supervisors that the Board of Supervisors hereby encourages the Roanoke County School Board to make in-person learning options available to all students, K-12, at least four days per week, by March 15, 2021. 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 23, 2021 AGENDA ITEM: Ordinance accepting and appropriating grant funds in the amount of $88,757 from the Virginia Department of Criminal Justice Services (DCJS) to the Roanoke County Police Department SUBMITTED BY: Howard B. Hall Chief of Police APPROVED BY: County Administrator ISSUE: Ordinance accepting and appropriating funds in the amount of $88,757 from the Virginia Department of Criminal Justice Services (DCJS) to the Roanoke County Police Department. BACKGROUND: On November 18, 2020, Governor Ralph Northam signed the state budget bill, which included funds to be distributed by DCJS to local police departments statewide. These additional funds are to be used to promote the recruitment and retention of the most qualified local police department sworn personnel and to support the costs associated with criminal justice reform. DCJS is responsible for dispersing these funds to local police departments. DISCUSSION: The Department intends to use the funding to develop a targeted online recruiting campaign to attract highly qualified police officer applicants, upgrade the Department's records management software to meet the new regulations for demographic reporting, and support officer wellness. Page 1 of 2 FISCAL IMPACT: None. There are no matching funds required. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling the second reading for March 9, 2021. Page 2 of 2 December 2, 2020 Greetings, On November 18, 2020, Governor Ralph Northam signed the state budget bill, which includes an allotment of approximately $7.5 million from general funds to be distributed by the Department to local police departments statewide. These additional funds are to be used to promote the recruitment and retention of the most qualified local police department sworn personnel and to support the costs associated with criminal justice reform. Funds are to be distributed based on the respective percentage shares of the most recent headcount of sworn law enforcement officers employed by local police agencies. The Department is making every effort to disperse these funds as soon as possible. However, we are awaiting additional information from other agencies necessary to accurately distribute the funds in accordance with the budget language. We hope to have this information within the next week and anticipate sending another update on when the funds will be distributed. Furthermore, at the end of this fiscal year, the Department will ask recipient localities to complete a survey on how these additional funds were used related to retention, recruitment, and criminal justice reform. For any questions about the content of this letter, please contact Tracy Matthews, Law Enforcement Grants Supervisor, tracy.matthews@dcjs.virginia.gov or James Christian, K-12 School Safety and Threat Assessment Manager, james.christian@dcjs.virginia.gov. Sincerely, Shannon Dion 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 ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $88,757 FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES (DCJS) TO THE ROANOKE COUNTY POLICE DEPARTMENT WHEREAS, on November 18, 2020, Governor Ralph Northam signed the state budget bill, which included funds to be distributed by the Department of Criminal Justice DCJS) to local police departments statewide; and WHEREAS, these funds are to be used to promote the recruitment and retention of the most qualified local police department sworn personnel and to support the costs associated with criminal justice reform; and WHEREAS, DCJS is responsible for dispersing these funds to local police departments; and WHEREAS, Roanoke County Police Department received an allocation of these funds in the amount of $88,757; and WHEREAS, the Roanoke County Police Department intends to use these funds to develop a targeted online recruiting campaign to attract highly qualified police officer applicants, upgrade the Department's records management software to meet the new regulations for demographic reporting, and support officer wellness; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, the first reading of this ordinance was held on February 23, 2021, and the second reading was held on March 9, 2021. Page 1 of 2 NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $88,757, made available to the Roanoke County Police Department by DCJS, is accepted. 2. That the sum of $88,757 is hereby appropriated to the Roanoke County Police Department. 3. That this ordinance shall take effect from and after the date of adoption. Page 2 of 2 ACTION NO. ITEM NO. F.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 2021 AGENDA ITEM: Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2020-2021 budget in accordance with Code of Virginia Section 15.2-2507 SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: County Administrator ISSUE: Public hearing for budget amendment BACKGROUND: year 2020-2021 budget by adjusting the aggregate amount to be appropriated during the fiscal year by $4,102,054. DISCUSSION: Section 15.2-2507 of the Code of Virginia, as amended, provides that whenever such amendment exceeds one (1) percent of the total expenditures shown in the adopted budget, the County must publish notice of a meeting and public hearing. The notice proposed budget amendment(s). This notice was published on February 16, 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 Page 1 of 2 FISCAL IMPACT: There is no fiscal impact as a result of the public hearing. Requests for the appropriation will occur later on in this agenda. STAFF RECOMMENDATION: It is recommended that the Board hold the required public hearing. Board action appropriating funds, as provided in this notice, will occur later during this meeting. Conducting the public hearing does not guarantee the requested appropriation will be approved. Page 2 of 2 ACTION NO. ITEM NO. G.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 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 SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: County Administrator ISSUE: Second 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 Page 1 of 2 percentage of 41.8131 would be maintained to hold schools harmless due to the drop in 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. There have been no changes since the first reading of the ordinance held on February 9, 2021. 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 second reading and adoption of 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, 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 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 -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 Cound; 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. -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 Page 2 of 2 ACTION NO. ITEM NO. G.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 2021 AGENDA ITEM: Ordinance authorizing the acquisition (with conditions) of Real Property from the Commonwealth of Virginia, located at 0 Old Cave Spring Rd. (Tax Map No. 076.20-03-05.00- 0000), 4555 Old Cave Spring Rd. (Tax Map No. 076.20-03- 02.00-0000), 4607 Old Cave Spring Rd. (Tax Map No. 076.20-03-01.00-0000), 4445 Brambleton Ave. (Tax Map No. 086.08-04-04.00-0000), and 4441 Brambleton Ave. (Tax Map No. 086.08-04-05.00-0000) in the Windsor Hills Magisterial District; and authorizing execution of a Memorandum of Agreement and deed of conveyance SUBMITTED BY: Jill Loope Director of Economic Development APPROVED BY: County Administrator ISSUE: The acquisition of residual parcels of real estate located at the intersection of Old Cave Spring Road and Brambleton Avenue. BACKGROUND: In 2006, Roanoke County began working with Mennel Milling Company to assist with relocating its manufacturing operation from Roanoke City to Roanoke County to a 26 acre industrial site Mennel owned between Starkey Road and Commonwealth Drive. In 2010, Roanoke County worked with Mennel and the Virginia Department of Transportation (VDOT) to request support for legislation in the 2011 Session of the Virginia General Assembly to authorize the exchange of real estate between the Commonwealth and Mennel Milling Company. The exchange of real estate would benefit the Commonwealth by providing VDOT with a more attractive site for an area maintenance headquarters for the southwestern portion of Roanoke County. It was also Page 1 of 4 planned to benefit Mennel Mill by providing additional land needed for their current and future business operations, as well as improved on site mobility for rail cars and delivery vehicles at their location off of Starkey Road. In 2013, Mennel Milling Company was fully built out at its current location in southwest Roanoke County. It attempted to acquire the parcel of real estate owned by VDOT adjacent to its existing facilities for future expansion through a strait purchase transaction, but was informed by VDOT that a swap was the only transaction they would entertain. As a result, Mennel acquired the former Fabricated Metals property nearby with the intent of executing the exchange with VDOT. The property Mennel acquired was for the sole purpose of facilitating the land swap and was of no use to Mennel. VDOT was involved in the selection of the swap property prior to Mennel acquiring same. During this time, VDOT changed its mind and was no longer interested in the land swap. The compromise solution formed was for the Commonwealth to declare the property surplus and convey it to a public authority for a valid economic development purpose. This approach was agreed to by all parties, and resulted in the County's Economic Development Authority acquiring the property at fair market value and then selling the property to Mennel. Subsequent to this, VDOT began to search for a new parcel for its Area Headquarters. Early in its search, VDOT identified three (3) parcels at the end of Clearbrook Village Lane that it believed would be ideal for its use. Roanoke County suggested numerous options for VDOT to explore that would not consume prime commercial property with a non-taxable use that would not encourage additional quality development. However, VDOT determined that the Clearbrook Village Lane site was its preferred site. As Roanoke County has no zoning authority over Commonwealth projects, Roanoke County is not in a position to prevent VDOT from choosing its preferred location for its Area Headquarters. DISCUSSION: The Virginia Department of Transpor intersection of Clearbrook Lane and Clearbrook Village Lane, in the Cave Spring Magisterial District, for the purpose of developing its South Roanoke County Transportation Maintenance and Operations Facility. district, and although the Commonwealth is except from County zoning restrictions, the Co district. It has been the vision of the County that the Clearbrook Properties would be Page 2 of 4 used for purposes that would contribute to the economic development in the County. It has been proposed that the County acquire the following parcels, located in the County of Roanoke (Windsor Hills Magisterial District), at the intersection of Old Cave Spring Road and Brambleton Avenue, which are owned by the Commonwealth: Address Tax Map No. Acreage 0 Old Cave Spring Road 076.20-03-05.00-0000 1.15 4555 Old Cave Spring 076.20-03-02.00-0000 0.29 Road 4607 Old Cave Spring 076.20-03-01.00-0000 0.49 Road 4445 Brambleton Ave. 086.08-04-04.00-0000 0.14 4441 Brambleton Ave. 086.08-04-05.00-0000 0.5 improvement of public highways, and have been held in the public interest since their acquisition. The Residue Parcels have economic-development potential; ownership of them would facilitate access from Old Cave Spring Road to parcel 086.-8-04-03.00-0000 (4453 Brambleton Avenue), which parcel is 4.3 acres in size, and could provide a desirable location for business. Pursuant to § 33.2-1010 of the Code of Virginia, the Commissioner of Highways may lease, sell, or exchange such residue parcels of land upon such terms and conditions as in the judgment of the Commissioner of Highways may be in the public interest, provided, however, that the Commissioner of Highways shall not use such parcels for any commercial purpose; upon such sale or exchange, such residue properties must be used for public use. use of Clearbrook Properties, and in order to ultimately facilitate potential economic development of the Residual Parcels within the confines of Section 33.2-1010 of the Code of Virginia, the following arrangement has been proposed: A. The Commonwealth will convey, by deed, the Residual Parcels to the County, upon the condition that the Residual Parcels be used for public purposes, including the uses of equipment and material storage and project staging. The Commonwealth will retain an easement in each of the Residual Parcels, enabling the Commonwealth to continue to use the parcels for its public purposes; and Page 3 of 4 B. If and when the time comes that the County desires to convey the Residual ) for the purpose of furthering economic development in Roanoke County, the Parties will execute a new deed with the following provisions: a. The County will pay the Commonwealth the fair market value of the Residual Parcels, as determined by an independent appraisal at the time of the transaction; b. c. The County will convey fee simple ownership of the Residual Parcels to the EDA; and d. The EDA will pay the County the fair market value paid to the Commonwealth as consideration; and FISCAL IMPACT: To initially acquire the properties from the Commonwealth of Virginia, there will be no fiscal impact. However, if and when the County decides to convey the property to the EDA for economic development purposes, the County will pay the Commonwealth the fair market value of the properties, which will be determined by an independent appraisal at the time of the transaction. At present, the combined tax assessed value of the properties is $681,200. STAFF RECOMMENDATION: Staff recommends approval of the ordinance. Page 4 of 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 23, 2021 ORDINANCE AUTHORIZING THE ACQUISITION (WITH CONDITIONS) OF REAL PROPERTY FROM THE COMMONWEALTH OF VIRGINIA, LOCATED AT 0 OLD CAVE SPRING RD. (TAX MAP NO. 076.20-03- 05.00-0000), 4555 OLD CAVE SPRING RD. (TAX MAP NO. 076.20-03- 02.00-0000), 4607 OLD CAVE SPRING RD. (TAX MAP NO. 076.20-03- 01.00-0000), 4445 BRAMBLETON AVE (TAX MAP NO. 086.08-04- 04.00-0000), AND 4441 BRAMBLETON AVE. (TAX MAP NO. 086.08-04- 05.00-0000), IN THE WINDSOR HILLS MAGISTERIAL DISTRICT; AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT AND DEED OF CONVEYANCE WHEREAS, has expressed its desire to purchase certain properties located at the intersection of Clearbrook Lane and Clearbrook Village Lane, in the Cave Spring Magisterial District, for the purpose of developing its South Roanoke County Transportation Maintenance and Operations Facility; and WHEREAS, Clearbrook overlay zoning district, and although the Commonwealth is exempt from County zoning restrictions, the Common the allowed uses in the zoning district. It has been the vision of the County that the Clearbrook Properties would be used for purposes that would contribute to the economic development in the County; and WHEREAS, it has been proposed that the County acquire the following parcels, located in the County of Roanoke (Windsor Hills Magisterial District), at the intersection of Old Cave Spring Road and Brambleton Avenue, which are owned by the Commonwealth: Page 1 of 4 Address Tax Map No. Acreage 0 Old Cave Spring Road 076.20-03-05.00-0000 1.15 4555 Old Cave Spring 076.20-03-02.00-0000 0.29 Road 4607 Old Cave Spring 076.20-03-01.00-0000 0.49 Road 4445 Brambleton Ave. 086.08-04-04.00-0000 0.14 4441 Brambleton Ave. 086.08-04-05.00-0000 0.5 and; -1009 of the Code of Virginia, which were historically to the construction and improvement of public highways, and have been held in the public interest since their acquisition; and WHEREAS, the Residue Parcels have economic-development potential; ownership of them would facilitate access from Old Cave Spring Road to parcel 086.-8- 04-03.00-0000 (4453 Brambleton Avenue), which parcel is 4.3 acres in size, and could provide a desirable location for business; and WHEREAS, pursuant to § 33.2-1010 of the Code of Virginia, the Commissioner of Highways may lease, sell, or exchange such residue parcels of land upon such terms and conditions as in the judgment of the Commissioner of Highways may be in the public interest, provided, however, that the Commissioner of Highways shall not use such parcels for any commercial purpose; upon such sale or exchange, such residue properties must be used for public use; and the Clearbrook Properties, and in order to ultimately facilitate potential economic Page 2 of 4 development of the Residual Parcels within the confines of Section 33.2-1010 of the Code of Virginia, the following arrangement has been proposed: A. The Commonwealth will convey, by deed, the Residual Parcels to the County, upon the condition that the Residual Parcels be used for public purposes, including the uses of equipment and material storage and project staging. The Commonwealth will retain an easement in each of the Residual Parcels, enabling the Commonwealth to continue to use the parcels for its public purposes; and B. If and when the time comes that the County desires to convey the Residual Parcels to the Roanoke County Economic Development Roanoke County, the Parties will execute a new deed with the following provisions: a. The County will pay the Commonwealth the fair market value of the Residual Parcels, as determined by an independent appraisal at the time of the transaction; b. extinguished; c. The County will convey fee simple ownership of the Residual Parcels to the EDA; and d. The EDA will pay the County the fair market value paid to the COMMONWEALTH as consideration; and Page 3 of 4 WHEREAS, if and when the time comes that the County desires to convey the Residual Parcels to the EDA, this matter will be brought before the board for public hearing, pursuant to Section 15.2-1800 of the Code of Virginia; and WHEREAS, a draft Memorandum of Agreement and draft deeds have been prepared between the Commonwealth, the County, and EDA; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on December 1, 2020, and the second reading was held on February 23, 2021; and NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such memorandum of agreement and deed and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of the following real estate (in accordance with the proposed Memorandum of Agreement, as set forth in the preliminary recitals of this Ordinance), all of which shall be approved as to form by the County Attorney: Address Tax Map No. Acreage 0 Old Cave Spring Road 076.20-03-05.00-0000 1.15 4555 Old Cave Spring 076.20-03-02.00-0000 0.29 Road 4607 Old Cave Spring 076.20-03-01.00-0000 0.49 Road 4445 Brambleton Ave. 086.08-04-04.00-0000 0.14 4441 Brambleton Ave. 086.08-04-05.00-0000 0.5 Page 4 of 4 MEMORANDUM OF AGREEMENT by and between the Virginia Commissioner of Highways, the Board of Supervisors of the County of Roanoke, Virginia, and the Economic Development Authority of Roanoke County, Virginia THIS MEMORANDUM OF AGREEMENT, made and executed in triplicate this ______ day of ________________, 2021, by and between the Board of Supervisors of the County of Roanoke, Virginia, hereinafter referred to as the COUNTY, the Commonwealth of Virginia, acting by and through the Commissioner of Highways, hereinafter referred to as the COMMONWEALTH, and the Economic Development Authority of Roanoke County, Virginia, hereinafter referred to as the EDA. WHEREAS, the COMMONWEALTH has expressed its desire to purchase the property located at Clearbrook Lane and Clearbrook Village Lane in Roanoke County, Virginia ropertiesto develop its South Roanoke County Transportation Maintenance and Operations Facility; and WHEREAS, the Clearbrook Properties are located in Roanoke County Clearbrook overlay zoning district; it has been the vision of the COUNTY that the Clearbrook Properties would be used for purposes that would contribute to the economic development in the County. Accordingly, the COUNTY s proposed use of these prime parcels may serve to hinder economic development goals of the COUNTY; and WHEREAS, the COUNTY has expressed its desire to acquire the following parcels, located in the County of Roanoke (Windsor Hills Magisterial District), at the intersection of Old Cave Spring Road and Brambleton Avenue, which are owned by the COMMONWEALTH: Tax Map No. Address Acreage 0 Old Cave Spring Road 076.20-03-05.00-0000 1.1880 4555 Old Cave Spring Road 076.20-03-02.00-0000 0.2896 4607 Old Cave Spring Road 076.20-03-01.00-0000 0.4818 4445 Brambleton Ave. 086.08-04-04.00-0000 0.1407 4441 Brambleton Ave. 086.08-04-05.00-0000 0.5217 and; Њ , as set forth in § 33.2-1009 of the Code of Virginia, which were historically acquired by the Commonwealth construction and improvement of public highways, and have been held in the public interest since their acquisition; and WHEREAS, the COUNTY recognizes the economic-development potential of the Residual Parcels, and that ownership of them would facilitate access from Old Cave Spring Road to parcel 086.08-04-03.00-0000 (4453 Brambleton Avenue), which parcel is 4.3 acres in size, and could provide a desirable location for business; and WHEREAS, the Parties recognize that pursuant to § 33.2-1010 of the Code of Virginia, the Commissioner of Highways may lease, sell, or exchange such residue parcels of land upon such terms and conditions as in the judgment of the Commissioner of Highways may be in the public interest, provided, however, that the Commissioner of Highways shall not use such parcels for any commercial purpose; upon such sale or exchange, such residue properties must be used for public use; and WHEREAS, in recognition of the COMMONWEALTHof Clearbrook Properties, and in order to ultimately facilitate potential economic development of the Residual Parcels within the confines of Section 33.2-1010 of the Code of Virginia, the Parties propose the following: A. The COMMONWEALTH will convey, by deed, the Residual Parcels to the COUNTY, upon the condition that the Residual Parcels be used for public purposes, including the uses of equipment and material storage and project staging; and B. If and when the time comes that the COUNTY desires to convey the Residual Properties to the EDA for the purpose of furthering economic development in Roanoke County, the Parties will execute a new deed, and the COUNTY will pay the COMMONWEALTH the fair market value of the Residual Properties. NOW THEREFORE, the Parties agree as follows: 1. The COUNTY and the COMMONWEALTH shall: a. Execute a deed in a form substantially similar to Exhibit A, which is attached hereto and incorporated by reference. This deed shall convey the ownership of the following Residual Parcels located at the intersection of Old Cave Spring Road and Brambleton Avenue (in the Windsor Hills Magisterial District of the County of Roanoke) to the COUNTY: Ћ AddressTax Map No.Acreage 0 Old Cave Spring Rd. 076.20-03-05.00-0000 1.1880 4555 Old Cave Spring Rd. 076.20-03-02.00-0000 0.2896 4607 Old Cave Spring Rd. 076.20-03-01.00-0000 0.4818 4445 Brambleton Ave. 086.08-04-04.00-0000 0.1407 4441 Brambleton Ave. 086.08-04-05.00-0000 0.5217 b. In such deed, the COMMONWEALTH will reserve an easement for its continued use of the Residual Properties as a staging area for snow removal and other maintenance operations. 2. If and when the time comes that the COUNTY desires to convey the Residual Properties to the EDA for the purpose of furthering economic development in Roanoke COUNTY, the Parties shall: a. Execute a deed in a form substantially similar to Exhibit B. b. Pursuant to the deed, the COUNTY shall pay the COMMONWEALTH the fair market value of Residual Properties at the time of the transaction. 3. The COUNTY, EDA and COMMONWEALTH acknowledge that, in the event the Residual Properties are conveyed to the EDA for economic development, such development may cause an increase or alteration in vehicular traffic. The COUNTY agrees that it will work in good faith to donate land to the COMMONWEALTH for additional right of way in order to alleviate such traffic issues. 4. The COUNTY, EDA and COMMONWEALTH acknowledge that this Agreement has been prepared jointly by the Parties and shall be construed simply and in accordance with its fair meaning and not strictly for or against any party. 5. THIS AGREEMENT, when properly executed, shall be binding upon all Parties, their successors, and assigns. 6. THIS AGREEMENT may be modified in writing by mutual agreement of all Parties. IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed as of the day, month, and year first herein written. Ќ THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: _____________________________________ ________________________________________________________________ Roanoke County Administrator Date ________________________________________________________________ Signature of Witness Date NOTE: The official signing for the COUNTY must attach a certified copy of his or her authority to execute this agreement. Approved as to Form: __________________________ County Attorney COMMONWEALTH OF VIRGINIA COMMISSIONER OF HIGHWAYS: ________________________________________________________________ Lori A. Snider Date State Right of Way and Utilities Director Department of Transportation ________________________________________________________________ Signature of Witness Date Ѝ ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA: _____________________________________ Typed or printed name of signatory ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ Title Date ________________________________________________________________ Signature of Witness Date Ў Tax Map No. Address Acreage 0 Old Cave Spring Road 076.20-03-05.00-0000 1.1880 4555 Old Cave Spring Road 076.20-03-02.00-0000 0.2896 4607 Old Cave Spring Road 076.20-03-01.00-0000 0.4818 4445 Brambleton Ave. 086.08-04-04.00-0000 0.1407 4441 Brambleton Ave. 086.08-04-05.00-0000 0.5217 PREPARED BY VDOT UNDER THE SUPERVISION OF THE OFFICE OF THE ATTORNEY GENERAL Exempted from Grantor taxes under Section 58.1-811(C)(4) Roanoke County is exempted from recordation taxes and fees pursuant to §§ 58.1-811 & 17.1-266, Code of Virginia THIS QUITCLAIM DEED, made this _____ day of _____________, 20___, between the COMMONWEALTH OF VIRGINIA, acting by and through the , and THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA . WITNESSETH: WHEREAS, the hereinafter described residue property was acquired in connection with the construction, reconstruction, alteration, maintenance and repair of the State Highway System; and WHEREAS, this conveyance is authorized in accordance with the provisions of Section 33.2-1010 of the Code of Virginia (1950), as amended. NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS, ($10.00), and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTOR does hereby release, remise and quitclaim unto the GRANTEE all of its right, title and interest in and to the following parcels of land (the and any and all improvements, all of which lie in the Windsor Hills After recordation return to: County of Roanoke Office of the County Attorney 5204 Bernard Drive - 1 - Roanoke, VA 24018 Magisterial District, Roanoke County, Virginia, which Properties shall be used by the Grantee for public purposes, in accordance with Section 33.2-1010 of the Code of Virginia: Tax Map No. Address Acreage 0 Old Cave Spring Road 076.20-03-05.00-0000 1.1880 4555 Old Cave Spring 076.20-03-02.00-0000 0.2896 Road 4607 Old Cave Spring 076.20-03-01.00-0000 0.4818 Road 4445 Brambleton Ave. 086.08-04-04.00-0000 0.1407 4441 Brambleton Ave. 086.08-04-05.00-0000 0.5217 For a more particular description of the land conveyed here, reference is made to by Randal C. Wright, LS, dated February 11, 2021 All or a portion of the said property conveyed here and shown on the Plat may be located within the 100 year flood plain as may be determined by the Federal Emergency Management Agency and may be restricted as to use by zoning ordinances and regulations of the jurisdictions wherein the land lies. It is understood and agreed by and between the Parties hereto that the Grantor shall retain a permanent easement to maintain, operate, and use the property for its maintenance operations. It is understood and agreed by and between the Parties hereto that this conveyance is subject to any right, privilege, easement, condition or restriction encumbering the herein described land, whether located above, upon, or under the surface, either presently - 2 - in use or of record. It is further understood and agreed by and between the Parties hereto that, should the Grantee discontinue use of the lands herein conveyed for public purposes, the Parties shall execute a new deed, in substantial form as Exhibit B (attached hereto and incorporated by reference), pursuant to which Grantee shall pay to the Commonwealth of Virginia, Department of Transportation the fair market value of the property. The Parties agree that, in the event the property ceases to be used for public purposes, a private use may increase or alter nearby vehicular traffic. The Grantee agrees to work in good faith to donate land to the Grantor for additional right of way in order to alleviate such traffic issues. If the Grantee, its successors or assigns, fails to immediately comply with the terms hereof, the Grantor may petition any court of competent jurisdiction to enforce such provisions, including the execution of the deed and payment of fair market value. (Remainder of page intentionally left blank) - 3 - IN WITNESS WHEREOF, the Commonwealth of Virginia, Commissioner of Highways, has caused this deed to be executed in its name as of the day, month, and year first above written. COMMONWEALTH OF VIRGINIA COMMISSIONER OF HIGHWAYS By: ___________________________________ Lori A. Snider State Right of Way and Utilities Director Department of Transportation COMMONWEALTH OF VIRGINIA CITY OF RICHMOND, to-wit: The foregoing instrument was acknowledged before me this ___ day of _______________, 20_____, by Lori A. Snider, State Right of Way and Utilities Director, Virginia Department of Transportation, who has been authorized to execute same by the Commissioner of Highways. Notary Public My commission expires: __________________. - 4 - ACCEPTED BY: THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA By:____________________________________ Roanoke County Administrator COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this ___ day of _______________, 20_____, by , County Administrator for the County of Roanoke, Virginia. Notary Public My commission expires: __________________. Approved as to form: ______________________________ County Attorney - 5 - Tax Map No. Address Acreage 0 Old Cave Spring Road 076.20-03-05.00-0000 1.1880 4555 Old Cave Spring Road 076.20-03-02.00-0000 0.2896 4607 Old Cave Spring Road 076.20-03-01.00-0000 0.4818 4445 Brambleton Ave. 086.08-04-04.00-0000 0.1407 4441 Brambleton Ave. 086.08-04-05.00-0000 0.5217 PREPARED BY VDOT UNDER THE SUPERVISION OF THE OFFICE OF THE ATTORNEY GENERAL Roanoke County is exempted from recordation taxes and fees pursuant to §§ 58.1-811 & 17.1-266, Code of Virginia THIS QUITCLAIM DEED, made this _____ day of ____________, 20__, between the COUNTY OF ROANOKE, VIRGINIA DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA, COMMONWEALTH OF VIRGINIA, acting by and through the Commissioner of Highways (. WITNESSETH: WHEREAS, pursuant to a QUITCLAIM DEED dated ________ , recorded in the land records of the County of Roanoke ______________, the GRANTOR, to be used for public (not commercial) uses, and the COMMONWEALTH retained an easement in each of the Properties to allow the COMMONWEALTH to use the Properties for its public purposes: Tax Map No. Address Acreage 0 Old Cave Spring Road 076.20-03-05.00-0000 1.1880 4555 Old Cave Spring 076.20-03-02.00-0000 0.2896 Road After recordation return to: County of Roanoke Office of the County Attorney 5204 Bernard Drive - 1 - Roanoke, VA 24018 4607 Old Cave Spring 076.20-03-01.00-0000 0.4818 Road 4445 Brambleton Ave. 086.08-04-04.00-0000 0.1407 4441 Brambleton Ave. 086.08-04-05.00-0000 0.5217 and; WHEREAS, as set forth in Deed A, the COMMONWEALTH and the GRANTOR agreed that if the GRANTOR should at some future time desire to convey the Properties to the GRANTEE for purposes of furthering economic development, that the GRANTOR would pay the COMMONWEALTH the fair market value of the Properties, as determined by an independent appraisal at the time of the transaction, and WHEREAS, it is now the desire of the GRANTOR to convey the Properties to the GRANTEE. NOW, THEREFORE, for and in consideration of the sum of (FAIR MARKET VALUE PRICE), which sum is the fair market value of the Properties, receipt of which is hereby acknowledged easement in the following properties is hereby extinguished, as are any restrictions on the use of the property by the GRANTOR or the GRANTEE: Address Tax Map No. Acreage Fair Market Value Price 0 Old Cave Spring Road 076.20-03-05.00-0000 1.1880 4555 Old Cave Spring Road 076.20-03-02.00-0000 0.2896 4607 Old Cave Spring Road 076.20-03-01.00-0000 0.4818 4445 Brambleton Ave. 086.08-04-04.00-0000 0.1407 4441 Brambleton Ave. 086.08-04-05.00-0000 0.5217 - 2 - FURTHER, for and in consideration of the sum of (FAIR MARKET VALUE PRICE), receipt which is hereby acknowledged by the GRANTOR, the GRANTOR does release, remise and quitclaim unto the GRANTEE all of its right, title and interest in and to the following parcels of land and any and all improvements, all of which lie in the Windsor Hills Magisterial District, Roanoke County, Virginia: Address Tax Map No. Acreage Fair Market Value Price 0 Old Cave Spring Road 076.20-03-05.00-0000 1.1880 4555 Old Cave Spring Road 076.20-03-02.00-0000 0.2896 4607 Old Cave Spring Road 076.20-03-01.00-0000 0.4818 4445 Brambleton Ave. 086.08-04-04.00-0000 0.1407 4441 Brambleton Ave. 086.08-04-05.00-0000 0.5217 For a more particular description of the land conveyed here, reference is made to attached Exhibit A titled OPERTY OF Randal C. Wright, LS, dated February 11, 2021 All or a portion of the said property conveyed here and shown on the Plat may be located within the 100 year flood plain as may be determined by the Federal Emergency Management Agency and may be restricted as to use by zoning ordinances and regulations of the jurisdictions wherein the land lies. It is understood and agreed by and between the Parties hereto, that this conveyance is subject to any right, privilege, easement, condition or restriction encumbering the herein described land, whether located above, upon, or under the surface, either presently in use or of record. (Remainder of page intentionally left blank) - 3 - THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA By:____________________________________ Roanoke County Administrator COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this ___ day of _______________, 20_____, by , County Administrator for the County of Roanoke, Virginia. Notary Public My commission expires: __________________. Approved as to form: ______________________________ County Attorney - 4 - AGREED TO BY: COMMONWEALTH OF VIRGINIA COMMISSIONER OF HIGHWAYS By: ___________________________________ Lori A. Snider State Right of Way and Utilities Director Department of Transportation COMMONWEALTH OF VIRGINIA CITY OF RICHMOND, to-wit: The foregoing instrument was acknowledged before me this ___ day of _______________, 20_____, by Lori A. Snider, State Right of Way and Utilities Director, Virginia Department of Transportation, who has been authorized to execute same by the Commissioner of Highways. Notary Public My commission expires: __________________. - 5 - ACCEPTED BY: THE ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA _____________________________________ Typed or printed name of signatory _____________________________________________ Title COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE, to wit: The foregoing instrument was acknowledged before me this the ____ day of ______________, 20_____, by , Chairman of the Economic Development Authority of the County of Roanoke, Virginia. Notary Public My commission expires: __________________. - 6 - ACTION NO. ITEM NO. H.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 2021 AGENDA ITEM: Ordinance amending the Roanoke County Code to create the County of Roanoke Towing Advisory Board SUBMITTED BY: Rachel Lower Senior Assistant County Attorney APPROVED BY: County Administrator ISSUE: 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 its November 17, 2020 meeting, 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. 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 broadcast on Roanoke Valley Television (RVTV). Additionally, letters were sent to known local towing Page 1 of 3 and recovery operators along with an application to submit to the County Atto Office. The deadline to respond with the application was February 5, 2021. Since the first reading of this ordinance on February 9, 2021, the proposed ordinance has been amended to allow flexibility in the number of members (which shall be set by the Board, by resolution), and to provide for the removal of appointed members by the Board of Supervisors, "with or without cause," in order to provide for the continued operation of the board. After creating the board by ordinance, the Board may meet in closed session to discuss appointments to the board. The Board may then make such appointments, by resolution. FISCAL IMPACT: There is no present 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 amend the Roanoke County Code to create a towing advisory board. . Page 3 of 3 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 ΐ Education/Volunteer Experience/Special Qualifications In the past 5 years, have you had a civil suit brought against you? YES NO If yes, please explain: ______________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ I understand that I may be subject to a background and/or credit check. YES NO Is there any other information that may disqualify you from serving on this advisory body? YES 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 Α 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 ORDINANCE AMENDING 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 regulation of police-initiated towing in Roanoke County, it is proposed that the Roanoke County Code be amended to provide Page 1 of 3 Note: Text additions are in red font. Text deletions are in red font and are struck through. for the formation of a towing advisory board to provide recommendations to the Board of Supervisors; 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 body; recommendations may be accepted, rejected, or accepted with modifications by the Board of Supervisors. 3. Members of the County of Roanoke Towing Advisory Board shall 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 ordinances or contracts related to towing services. 5. Section 12-4 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 Page 2 of 3 Note: Text additions are in red font. Text deletions are in red font and are struck through. The members of the towing advisory board shall be appointed by the Board of Supervisors, by resolution, and 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 with or without cause at any time. 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. ACTION NO. ITEM NO. I.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 2021 AGENDA ITEM: Public hearing regarding policies and procedures to guide the 2021 redistricting process in Roanoke County SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: County Administrator ISSUE: Public hearing regarding policies and procedures to guide the 2021 redistricting process in Roanoke County. BACKGROUND: Redistricting Redistricting is the process of redrawing the boundaries of districts that elects representatives who serve specific geographical areas. Redistricting occurs every 10 years following the United States decennial census and is the responsibility of state and local governments. It is governed by federal and state constitutional and statutory laws. Redistricting must be done every 10 years in the year ending in one Article VII, Section 5 of the Constitution of Virginia specifically requires any locality that conducts elections by district to change its district boundaries every 10 years in the year ending in one. Districts must be drawn using census data The United States decennial census is the primary data source on population, age, and race used in redistricting. While there is no federal requirement that census data be used for redistricting, Section 24.2-304.1 of the Code of Virginia requires local governments to use the most recent decennial population figures for such locality for the purposes of redistricting and reapportioning representation. Page 1 of 3 -person, one-on. For districts. DISCUSSION: This time has been set aside to hold a public hearing to receive citizen comment upon the redistricting process for Roanoke County. Display ads have been published in the Roanoke Times, the Vinton Messenger, the Salem Times Register, and the Tribune. Letters have been sent to each member of the School Board, the various neighborhood and civic associations and the NAACP. It is proposed that the Board, at a future date, enact a resolution setting forth the following process: · The Board will appoint a Redistricting Committee, which shall be comprised of · After receipt of census data, the Committee will review changes in population, and will consider whether district boundaries should be modified. · Each district must have equal population based on the 2020 Census with no more than plus/minus five percent (5%) deviation between districts. · rural, suburban and urban interests, as well as income and neighborhood characteristics, and that election districts should attempt to conform with high school attendance zones. · Election districts should be compact and contiguous, and unusual elongations or irregularity of boundaries should be avoided. · Election districts should have clearly definable and distinguishable boundaries such as streets, rivers, streams, drainage features, or other permanent physical features shown on official maps. · Racial or language minorities should be identified and located for purposes of establishing election districts and complying with the Voting Rights Act. · One or more 2021 redistricting plans for Roanoke County shall be prepared by the Committee, and shall be submitted to the Board for its review, consideration and adoption. At this time, population and percentage changes for each precinct in the County are not available. It is anticipated that such information will be forthcoming in September 2021. Accordingly, it is anticipated that the General Assembly may need to pass legislation that modifies the redistricting timeline and process for 2021. Upon receipt of citizen comments and upon further legislative guidance from the General Assembly, the County Attorney will prepare a resolution incorporating the Page 2 of 3 various suggestions to guide the redistricting process, and submit this resolution to you for your approval and adoption at a future meeting. FISCAL IMPACT: None. STAFF RECOMMENDATION: Staff recommends that the Board hold the public hearing, as scheduled and advertised, and postpone action until on this matter, indefinitely, until further legislative guidance is received from the General Assembly. Page 3 of 3 ACTION NO. ITEM NO. J.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 2021 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: County Administrator ISSUE: Open district appointments. BACKGROUND: 1. 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) 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 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 APPROVINGAND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K-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 23, 2021,designated as Item K-ConsentAgenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through4 inclusive, as follows: 1.Approval of minutes –January 12, 2021 2.Request to accept and allocate the Washington/Baltimore High Intensity Drug Trafficking Grant funds in the amount of $64,375 to the Roanoke County Police Department for the Roanoke Valley Regional Drug Unit 3.Request to accept and allocate funds in the amount of $3,000 from the Virginia Information Technology Agency for the Public Safety Answering Points (PSAP) Educational Grant Program 4.Request to accept and allocate funds in the amount of $6,720 to the Clerk of the Circuit Court from the Commonwealth of Virginia for Technology Trust Funds Page 1of 1 ACTION NO. ITEM NO. K.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 2021 AGENDA ITEM: Request to accept and allocate the Washington/Baltimore High Intensity Drug Trafficking Grant funds in the amount of $64,375 to the Roanoke County Police Department for the Roanoke Valley Regional Drug Unit SUBMITTED BY: Carol Dean APPROVED BY: County Administrator ISSUE: Request to accept and allocate grant funds in the amount of $64,375 from the High Intensity Drug Trafficking Areas (HIDTA) Program to the Roanoke County Police Department for the Roanoke Valley Regional Drug Unit. BACKGROUND: The HIDTA funds were provided to the Roanoke Valley Regional Drug Unit to identify drug trafficking organizations and, when possible to prosecute the cases as drug trafficking conspiracies. Roanoke County Police Department serves as the lead agency and the Roanoke County Department of Finance and Management Services serves as the fiscal agent. DISCUSSION: The Roanoke Valley Regional Drug Unit received a commitment of funding from HIDTA in the amount of $64,375 for the 2021 calendar year. These funds will be used to continue to support investigations of drug trafficking organizations that are operating in the greater Roanoke Valley. FISCAL IMPACT: No matching funds are required by the County. The grant is one hundred percent Page 1 of 2 (100%) federal funds. STAFF RECOMMENDATION: Accept and allocate grant funds in the amount of $64,375 from the High Intensity Drug Trafficking Areas (HIDTA) Progam to the Roanoke County Police Department for the Roanoke Valley Regional Drug Unit. Page 2 of 2 10/01/2020 ACTION NO. ITEM NO. K.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 2021 AGENDA ITEM: Request to accept and allocate funds in the amount of $3,000 from the Virginia Information Technology Agency for the Public Safety Answering Points (PSAP) Educational Grant Program SUBMITTED BY: Susan Slough Assistant Director of Communications andTechnology APPROVED BY: County Administrator ISSUE: Request to accept and allocate funds in the amount of $3,000 in grant funding from the Virginia Information Technology Agency Public Safety Access Point (PSAP) program. BACKGROUND: The Virginia Information Technologies Agency awards grant funds from 911 user taxes. The purpose of the program is to financially assist Virginia primary Public Safety Answering Points (PSAPs) with the purchase of equipment, services and training that support the continuity and enhancement of wireless E-911. DISCUSSION: Each year the Roanoke County E-911 Center has applied for, and been awarded, an educational grant, provided by the Virginia E-911 Services Board. This grant is used to offset the expense of training. FISCAL IMPACT: Awarded grant funds total $3,000. No local matching funds are required. STAFF RECOMMENDATION: Staff recommends accepting and allocating $3,000 for the Public Safety Access Point grant program. Page 1 of 1 DPNNPOXFBMUIpgWJSHJOJB Virginia 9-1-1 Services Board ACTION NO. ITEM NO. K.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 2021 AGENDA ITEM: Request to accept and allocate funds in the amount of $6,720 to the Clerk of the Circuit Court from the Commonwealth of Virginia for Technology Trust Funds SUBMITTED BY: Jill Camilletti Deputy Clerk IV APPROVED BY: County Administrator ISSUE: Acceptance and allocation of funds in the amount of $6,720 to the Clerk of the Circuit Court from the Commonwealth of Virginia BACKGROUND: Technology Trust Funds represent fees collected by the Roanoke County Circuit Court Clerk's Office, and have been received from the State in the amount of $6,720. In accordance with State of Virginia Code Section 17.1-279, the Circuit Court Clerks Office shall assess a $5.00 fee called Technology Trust Fund Fee. Each month, the Clerk's Office can request the fees that were assessed the previous month. The code section further states that four of every five dollar fee shall be allocated by the Compensation Board from the trust fund for the purposes of obtaining and updating office automation and information technology equipment including software and conversion services; preserving, maintaining and enhancing court records, including but not limited to the costs of repairs, maintenance, land records, consulting services, service contracts, redaction of social security numbers from land records and system replacement or upgrades and improving public access to court records. DISCUSSION: The funds received from the Commonwealth of Virginia have been earmarked for maintenance needs for the Clerk of Circuit Court, specifically towards the twice yearly Page 1 of 2 maintenance bill from the Supreme Court for maintaining their records, offset the cost of postage, equipment, etc. FISCAL IMPACT: All funds are provided by the Commonwealth of Virginia. No County matching funds are required. STAFF RECOMMENDATION: Staff recommends accepting and allocating $6,720 to the Clerk of Circuit Court from the Commonwealth of Virginia. Page 2 of 2 COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Audited OutstandingOutstanding June 30, 2020AdditionsDeletionsFebruary 23, 2021 General Obligation Bonds$948,122$-$-$948,122 VPSA School Bonds83,061,766-8,546,27674,515,490 Lease Revenue Bonds81,000,000-3,470,00077,530,000 Subtotal165,009,888-12,016,276152,993,612 Premiums11,716,653--11,716,653 $176,726,541$-$12,016,276$164,710,265 Submitted ByLaurie L. Gearheart Director of Finance and Management Services Approved ByDaniel R. O'Donnell CountyAdministrator ACTION NO. ITEM NO. N.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 2021 AGENDA ITEM: Work session to review with the Board of Supervisors fiscal year 2021-2022 Employee Compensation and Benefits SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: County Administrator ISSUE: Review fiscal year 2021-2022 Employee Compensation and Benefits BACKGROUND: As part of the annual operating budget development process, staff provides the Board of Supervisors information for the upcoming fiscal year in advance of the County Administrator's proposal of the operating budget. DISCUSSION: This work session will provide information to the Board of Supervisors regarding the employee compensation and benefits for fiscal year 2021-2022. The attached Power Point presentation will be shown. FISCAL IMPACT: There is no fiscal impact associated with receipt of the attached presentation. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors receive information regarding County of Roanoke fiscal year 2021-2022 Employee Compensation and Benefits Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 23, 2021 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member’s knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies;and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. Page 1of 1 ACTION NO. ITEM NO. Q.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 2021 AGENDA ITEM: Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Aleta Coleman, Emergency Communications Manager, upon her retirement after more than thirty (30) years of service SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: D County Administrator ISSUE: Recognition of the retirement of Aleta Coleman BACKGROUND: Aleta Coleman retired on February 1, 2021, after more than thirty years of service with Roanoke County's Information Technology Department. Ms. Coleman is expected to attend today's meeting to receive her resolution and quilt. DISCUSSION: There is no discussion associated with this agenda item. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 23, 2021 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO ALETA COLEMAN, EMERGENCY COMMUNICATIONS MANAGER, UPON HER RETIREMENT AFTER MORE THAN THIRTY YEARS OF SERVICE WHEREAS, Aleta Coleman was employed by Roanoke County on December 10, 1990; and WHEREAS, Ms. Coleman retired on January 31, 2021, after thirty (30) years and and two (2) months of devoted, faithful and expert service to Roanoke County; and WHEREAS, Ms. Coleman, through her employment with Roanoke County, has been a Chief of Emergency Communication, Training Coordinator, Lead Communications Officer, Communications Officer I, II, III and Emergency Communications Manager as has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County; and WHEREAS, througho tenure with Roanoke County, she has supported both citizens and first responders through fires, floods, an earthquake and a derecho storm as the calm reassuring voice behind the radio and telephone. Ms. Coleman has been a trainer and supervisor for more than 24 years, mentoring and teaching a whole new generation of Communication Officers. Ms. Coleman has been a member of the Association of Public Safety Communications Officials (APCO), where she served on the Awards Committee for 14 years, and the National Emergency Number Association (NENA), where she served as the Region VI Director and Director at Large for 6 years. owledge and professionalism have been recognized by her peers and all of public safety. Ms. Coleman has earned various awards throughout her tenure; in Page 1 of 2 2006 she earned the Roanoke County Police Department Leadership Award, in 2008 she was awarded the Virginia APCO -1-1- Dispatch Hometown Hero Award for her leadership in the Green Ridge Mountain Fire, and in 2013 Ms. Coleman earned the Communications Supervisor of the Year Award. In 2019, Ms. Coleman was the manager of the Emergency Communications when they were awarded the most prestigious Commission on Law Enforcement Accreditation (CALEA) award, Accreditation with Excellence Award; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to ALETA COLEMAN for more than thirty (30) years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. 2 ACTION NO. ITEM NO. R.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 2021 AGENDA ITEM: Resolution appointing representatives to the Roanoke County Towing Advisory Board SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: County Administrator ISSUE: Appointment of members to the Roanoke County towing advisory board. BACKGROUND: On February 23, 2021, the Board will hold a public hearing on an amendment to Section 12-4 of the Roanoke County Code for the creation of a towing advisory board. DISCUSSION: After creation of the Roanoke County towing advisory board, the Board will appoint representatives to such board by resolution. FISCAL IMPACT: There is no fiscal impact associated with the appointment of members to the Roanoke County towing advisory board. STAFF RECOMMENDATION: Staff recommends that the Board appoint representatives to the towing advisory board by resolution. Page 1 of 1 ACTION NO. ITEM NO. S.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 2021 AGENDA ITEM: The petition of R. P. Fralin, Inc. to rezone approximately 41.85 acres from I-1, Low Intensity Industrial, District to R-1, Low Density Residential, District to develop a 124-lot single- family home subdivision located at 5524 Old Mountain Road, Hollins Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: County Administrator ISSUE: Agenda item for public hearing and second reading of ordinance to rezone property from industrial to residential. BACKGROUND: · The applicant proposes to develop a 124 lot residential subdivision for detached single family dwellings. · Detached single family dwellings are not permitted in the existing I-1 Low Intensity Industrial zoning district but are allowed by right in the R-1 Low Density Residential zoning district. · Use map, the surrounding properties are predominantly zoned residential. DISCUSSION: The Planning Commission held a public hearing on this request on February 2, 2021. Fourteen citizens submitted comments via email prior to the public hearing. Three citizens spoke during the public hearing and three comments were received (one by Page 1 of 2 phone and two by email) during the 10-minute recess period. Concerns and issues raised included: increased traffic on city streets, Old Mountain Road, and Carlos Drive; traffic safety; pedestrian safety; deforestation; loss of animal habitats; flooding; erosion and sediment control; water run-off; the need for housing in this area. Some expressed support of rezoning the property from industrial to residential but thought the density of the project was too high. The Planning Commission discussed several issues with staff and the applicant including: the need for housing in this part of Roanoke County; connections to existing City of Roanoke streets; access on Old Mountain Road and the timing of that access (4 to 5 years); additional access onto Old Mountain Road would provide another point of ingress and egress to the existing subdivision; impacts to existing subdivision residents; water and sewer connections are at the end of the existing subdivision streets and that is where this proposed development would start; density of the proposed development in relation to the existing subdivision; traffic study; and required turn lanes (no); projected build out of the subdivision would take approximately 9 or more years (1 year to design, 8+ years to construct); stormwater management regulations; erosion and sediment control regulations; private access off of Carlos; impact on property values; property has been undeveloped for many years and is doubtful to be developed for industrial development due to topography and access issues; Comprehensive Plan designation; surrounding residential zoning; and support for the request by the County's Economic Development Department. The Planning Commission recommends approval of the rezoning request from I-1 (Low Intensity Industrial) District to R-1 (Low Density Residential) District. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff does not support the rezoning request due to the rezoning being inconsistent with the Principal Industrial Future Land Use Designation. However, staff recognizes the complications to develop this property as an industrial use, the surrounding properties being predominantly residential, and the length of time that the property has not been developed. Page 2 of 2 TUBGG!SFQPSU Qfujujpofs;S/!Q/!Gsbmjo-!Jod/! Sfrvftu;!!!!!Sf{pof!bqqspyjnbufmz!52/96!bdsft!gspn!J.2-!Mpx!Joufotjuz!Joevtusjbm-!Ejtusjdu!up!S.2-! Mpx!Efotjuz!Sftjefoujbm-!Ejtusjdu!up!efwfmpq!b!235.mpu!tjohmf.gbnjmz!ipnf! tvcejwjtjpo!mpdbufe!bu!6635!Pme!Npvoubjo!Spbe-!Ipmmjot!Nbhjtufsjbm!Ejtusjdu Mpdbujpo;6635!Pme!Npvoubjo!Spbe Nbhjtufsjbm!Ejtusjdu;Ipmmjot! Qspggfsfe!Dpoejujpot;!Opof EXECUTIVE SUMMARY: R. P. Fralin, Inc. is petitioning to rezone approximately 41.85 acres from I-1, Low Intensity Industrial, District to R-1, Low Density Residential, District to develop a 124-lot single-family home subdivision located at 5524 Old Mountain Road, Hollins Magisterial District. The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel is Principal Industrial.Principal Industrial is afuture land use area where a variety of industry types are encouraged to locate. Principal Industrial areas are existing and planned regional employment centers and aredistributed throughout the county, convenient to major residential areas and suitable highwayaccess. Theproposed rezoning is not consistent with the Principal Industrial future land use designation. 2/!!!!!!!!!!BQQMJDBCMF!SFHVMBUJPOT Development of the site would be requiresubdivision plan/plat review. All new lots would have to meet the R-1site development regulations (Sec.30-41-3). 3/!!!!!!!!!!BOBMZTJT!PG!FYJTUJOH!DPOEJUJPOT Background–There is an existing residential home and outbuildings on the property. The Roanoke County assessments records have estimated that this residence was built around 1908. Topography/Vegetation–The parcel is entirely wooded and is bordered to the north by multiple power lines and to the west by the railroad.The topography varies throughout the parcel, but generally decreases in elevation from Old Mountain Road towards the backof the property by the railroad tracks. From the highest point of elevationat Old Mountain Roadto the lowestby the railroad tracks, there is an elevationdropof approximately 170 feet. Surrounding Neighborhood–The subject parcel is located between Hollins Road and Old Mountain Road. The parcel is bordered to the north and east by residential properties, and to the south by a residential subdivisionMonterey / Read Mountain Northlocated within Roanoke City. This subdivision houses approximately 500 residential lots. The property is bordered to the west by the railroadand industrial properties located off of Hollins Road. 1 4/ BOBMZTJT!PG!QSPQPTFE!EFWFMPQNFOU Site Layout/Architecture–The provided concept site plan shows the proposed development of 124 single- family homes. The proposed homes would consist of two story, one and one-half story, and patio homes. Representative home styles were submitted with the application packet. Access/Traffic Circulation–The proposed development concept plan shows a new entrance off of Old Mountain Road, and new internal streets to serve the subdivision. The concept plan also shows connections to the existing streets in the Roanoke City subdivision located to the south. Some traffic analysis information was submitted with the application.Allproposednew roads and entrances would be reviewed by the appropriate agencies(VDOT,City of Roanoke)for compliance. Screening & Buffering–No screening or buffering would be required for this development. Adjoining Properties –Due to the current health situation regarding COVID-19, a community meeting could not be held for this project. In order to adequately inform all surrounding neighbors, staff expanded the adjacent property notice letter that is typically sent to adjoining property owners. Approximately 584letterswere sent out and contained the application information, hearing dates, and proposed site plan along with direct contact information for staff and instructions for how to submit comments. Bhfodjft!Dpnnfout: The following agencies provided comments on this application: Office of Building Safety–All construction associated with the project will be required to meet the requirements of the Virginia Uniform Statewide Building Code. Roanoke County Transportation–The proposed subdivision is located 1/3 mile from Tinker Creek and proposed routes for the Tinker CreekGreenway. Staff recommendsincluding pedestrian accommodations throughout the subdivision to enable residents to walk to the futuregreenway. To this end: 1. As indicated in the November 24, 2020 letter to Becky James, Transportation staff appreciate the inclusionof sidewalks along both sides of all proposed streets. 2. The walking trail indicated on the Concept Plan should be extended throughout the proposed subdivision to provide additional pedestrian connectivity. Roanoke City Transportation–Full comments attached. Economic Development–Economic Development supports the rezoning request from R.P. Fralin, Inc. for a 124-lotsubdivision on Old Mountain Road. The proposed site has access and topographic limitations this area of Old Mountain Road and is not likely to develop as a by right industrial use. The requestalso supports the County’s goal of increasing population growth by providing new, modern single-familyhousing in appropriate areas. This particular section of Old Mountain Road is surroundedby residential neighborhoods and the existing road network limits future uses on the property. Fire and Rescue–“Fire and Rescue does not object to this new subdivision, but it will affect the services thatwe provide due toa potential increase in fire and emergency medical calls. We would also like to point out that due to thetunnel on Carlos Drive, it could create delayed response times for fire apparatus because they will haveto take alternate routes to avoid the tunnel. However, an ambulance can travel through the tunnel. Also,due to the locations of the second due stations, travel times for these apparatus will be extended.This new subdivision will also have to meet fire flow and access requirements.” Solid Waste–This subdivision will be eligible for our garbage service, but when fully developed could strain 2 our currentservice provision capabilities. Western Virginia Water Authority–GeneralComments: 1. This development will require water and sewer extensions to serve this development and do not qualify for availability credits based on WVWA general rules and regulations.2. This project is a VDH qualifying project and will need to have the proper submittals for review.(Additional water and sewer design standards attachedwith this report). Stormwater–No comments. VDOT–1. A Land Use Permit will be required if a new entrance is needed from the right-of-way or for a change in the existing entrance.2.The VDOT Road Design Manual, Appendix F: Access Management Design Standards for Entrances and Intersectionsmust be adhered to where applicable for commercial entrances.This includes but is not limited to commercial entrance spacing and intersection sight distance. The intersection sight distance must be field verified and measures taken to ensure the minimum required distances can be met.3. Additional TIA documentation analyzing traffic impacts on Route 605 generated from this development may be required during the plan review process. 4. The department will not issue an approval of the plans or any necessary Land Use Permits until the locality approves the request. In addition, information regarding any changes to the existing drainage system should also be included for review. Parks, Recreation, and Tourism-No impacts are foreseen to Parks, Recreation, and Tourism operations. Police-Nospecific objections to this project. It is important to note, however, that this is one of ourbusier areas for police service. Our overall calls for service (County wide) have gone up about 15% over thepast 5 years. At some point, we have to consider police resources as development happens. Unfortunately,the applicant pool isn't supporting the number of officers that we currently need, let alone any expansion. 5/DPOGPSNBODF!XJUI!SPBOPLF!DPVOUZ!DPNNVOJUZ!QMBO The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel is Principal Industrial. Principal Industrial is a future land usearea where a variety of industry types are encouraged to locate. Principal Industrial areas are existing and planned regional employment centers and are distributed throughout the county, convenient to major residential areas and suitable highway access. The proposed rezoning is not consistent with the Principal Industrial Future Land Use Designation. 6/TUBGG!DPODMVTJPOT R. P. Fralin, Inc. is petitioning to rezone approximately 41.85 acres from I-1, Low Intensity Industrial, District to R-1, Low Density Residential, District to develop a 124-lot single-family home subdivision located at 5524 Old Mountain Road, Hollins Magisterial District. The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel is PrincipalIndustrial. Principal Industrial is a future land use area where a variety of industry types are encouraged to locate. Principal Industrial areas are existing and planned regional employment centers and are distributed throughout the county, convenient tomajor residential areas and suitable highway access. Due to the proposed rezoningbeing inconsistent with the Principal Industrial Future Land Use Designation, staff cannot support this request; however, staff recognizes the complications to develop this property as an industrialuse,the surrounding properties being residentially zoned, and the lengthy period of time that the property has been zoned industrial and designated industrial in the County’sComprehensive Plan without the property being developed. 3 DBTF!OVNCFS;!$3.303132 QSFQBSFE!CZ;Bmzttb!Evocbs IFBSJOH!EBUFT;!QD;!!!!!!Gfcsvbsz!3-!3132!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!CPT;!Gfcsvbsz!34-!3132 BUUBDINFOUT;Bqqmjdbujpo!Nbufsjbmt Nbqt!)Bfsjbm-!\[pojoh-!Gvuvsf!Mboe!Vtf* Qipuphsbqit!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! S.2!Ejtusjdu!Sfhvmbujpot J.2!Ejtusjdu!Sfhvmbujpot Qsjodjqbm!Joevtusjbm!Mboe!Vtf!Eftjhobujpo! Spboplf!Djuz!Usbotqpsubujpo!Dpnnfout XWXB!Gvmm!Dpnnfout Qvcmjd!Dpnnfout 4 Dr. 4018 lanning 2 P A o. V 772-2068 C (540) 5204 Bernard Roanoke Roanoke R-1 District Regulations SEC. 30-41. R-1 LOW DENSITY RESIDENTIAL DISTRICT. Sec. 30-41-1. Purpose. (A) The R-1, low density residential district is established for areas of the county within the urban service area with existing low-middle density residential development, with an average density of from one (1) to three (3) units per acre, and land which appears appropriate for such development. These areas are generally consistent with the neighborhood conservation land use category as recommended in the comprehensive plan. In addition, where surrounding development and the level of public services warrant, these areas coincide with the development category recommended in the plan. This district is intended to provide the highest degree of protection from potentially incompatible uses and residential development of a significantly different density, size, or scale, in order to maintain the health, safety, appearance and overall quality of life of existing and future neighborhoods. In addition to single-family residences, only uses of a community nature which are generally deemed compatible are permitted in this district. This would include parks and playgrounds, schools and other similar neighborhood activities. (Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-41-2. Permitted uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Stable, Private * 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Manufactured Home * Manufactured Home, Emergency * Multiple Dog Permit * 1 R-1 District Regulations Residential Human Care Facility Single Family Dwelling, Attached * Single Family Dwelling, Attached (Cluster Subdivision Option) * Single Family Dwelling, Detached Single Family Dwelling, Detached (Cluster Subdivision Option) * Single Family Dwelling, Detached (Zero Lot Line Option) * 3. Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Utility Services, Minor 4. Commercial Uses Bed and Breakfast * 5. Miscellaneous Uses Amateur Radio Tower * Wind Energy System, Small * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Residential Uses Alternative Discharging Sewage System * 2. Civic Uses Cemetery * 2 R-1 District Regulations Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Religious Assembly * Utility Services, Major * 3. Commercial Uses Golf Course * 4. Miscellaneous Uses Outdoor Gatherings * (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, §§ 3, 8, 6-22-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042500-9, § II, 4-25-00; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5-24-11, Ord. No. 111213-15, § 1, 11-12-13) Sec. 30-41-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. All lots served by private well and sewage disposal systems: a. Area: 0.75 acre (32,670 square feet). b. Frontage: 90 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 20,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. 3. All lots served by both public sewer and water: a. Area: 7,200 square feet. 3 R-1 District Regulations b. Frontage: 60 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 10 feet. b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. Principal structures: 45 feet. b. Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures. (D) Maximum coverage. 1. Building coverage: 35 percent of the total lot area for all buildings and 7 percent for accessory buildings. 2. Lot coverage: 50 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 42694-12, § 8, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08, Ord. No. 111213-15, § 1, 11-12-13) 4 I-1 District Regulations SEC. 30-61. I-1 LOW INTENSITY INDUSTRIAL DISTRICT. Sec. 30-61-1. Purpose. (A) The purpose of the I-1, low intensity industrial district is to provide areas within the urban service area which are suitable for less intensive industrial activities. These areas are primarily designated based on the suitability of the land in terms of slope and freedom from flooding, as well as the availability of adequate sewer and water capacity, access to arterial road network, and proximity to rail and airport facilities or the interstate highway system. This district generally coincides with the recommendations for the principal industrial land use category contained in the comprehensive plan, and particularly those areas unsuitable for more intensive or potentially hazardous industrial uses. Distributing these areas around the county in a planned manner to create employment centers within close proximity to residential growth areas and reduce heavy traffic generation of industrial uses is encouraged. Since land with suitable characteristics for less intensive industrial development is limited in the county, a high degree of protection is promoted where industrial development is located adjacent to existing or future residential areas. The conversion and/or redevelopment of existing non-conforming uses in this district which are unrelated to industrial needs is also encouraged. (Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-61-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture 2. Civic Uses Administrative Services Day Care Center * Guidance Services Park and Ride Facility Post Office 1 I-1 District Regulations Public Maintenance and Service Facilities Public Parks and Recreational Areas * Safety Services Utility Services, Major * Utility Services, Minor 3. Office Uses Financial Institutions * General Office Laboratories Medical Office 4. Commercial Uses Agricultural Services * Automobile Repair Services, Major * Automobile Repair Services, Minor * Automobile Parts / Supply, Retail * Business Support Services Business or Trade Schools * Communication Services Construction Sales and Services * Consumer Repair Services Equipment Sales and Rental * Garden Center * Laundry 2 I-1 District Regulations Personal Improvement Services Restaurant, General Retail Sales Veterinary Hospital / Clinic 5. Industrial Uses Custom Manufacturing * Industry, Type I Landfill, Rubble * Recycling Centers and Stations * Transportation Terminal Truck Terminal Warehousing and Distribution 6. Miscellaneous Uses Amateur Radio Tower * Parking Facility * Wind Energy System, Small* (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Commercial Uses Automobile Dealership * Automobile Rental / Leasing Commercial Indoor Sports and Recreation Convenience Store * 3 I-1 District Regulations Fuel Center * Gasoline Station * Manufactured Home Sales * Mini-warehouse * Recreational Vehicle Sales and Service * Surplus Sales Truck Stop * 2. Industrial Uses Composting * Construction Yards * Resource Extraction * Transfer Station * 3. Miscellaneous Uses Aviation Facilities, Private * Broadcasting Tower * Outdoor Gatherings * Wind Energy System, Large * Wind Energy System, Utility * (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 042297, § 1, 4-22-97; Ord. No. 042799-11, § 2, 4-27- 99; Ord. No. 082807-18, § 1, 8-28-07; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 091311-7, § 1, 9-13-11, Ord. No. 111213- 15, § 1, 11-12-13, Ord. No. 092215-9, § 1, 9-22-15, Ord. No. 062816-4, § 1, 6-28-16, Ord. No. 062717-4, § 1, 7-27-17) Sec. 30-61-3. Site Development Regulations. 4 I-1 District Regulations General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: 30 feet, or 20 feet when all parking is located behind the front building line. 2. Side yard: a. Principal structures: 10 feet. b. Accessory structures: behind front building line and 3 feet from side line. 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. All structures: When adjoining property zoned residential, forty-five (45) feet, including rooftop mechanical equipment. The maximum height may be increased provided each required side and/or rear yard adjoining a residential district is increased two (2) feet for each foot in height over forty-five (45) feet. This distance shall be measured from the portion of 5 I-1 District Regulations the structure which exceeds forty-five (45) feet. In all other locations the height is unlimited. (D) Maximum coverage. 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. (Ord. No. 42694-12, § 9, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08) 6 Principal Industrial: A future land use area where a variety of industry types are encouraged to locate. Principal Industrial areas are existing and planned regional employment centers and are distributed throughout the county, convenient to major residential areas and suitable highway access. Due to limited availability, areas designated as Principal Industrial are not appropriate for tax-exempt facilities. Land Use Types: Agricultural - Industries which involve the manufacturing, storage, marketing and wholesaling of agricultural products. These industries may also be located outside of the Principal Industrial areas, within the rural designations, where agricultural skills may be found. Small Industries and Custom Manufacturing - These industries typically serve a local market and may involve the on-site production of goods by hand manufacturing. Mining and Extraction - These facilities locate according to the availability of natural resources. Industrial - Conventional freestanding industrial uses, warehouses, wholesalers, storage yards. Industrial Parks - Large tracts of land that are subdivided, developed and designed according to a unified plan. These parks are employment centers and may include mixed land uses including supporting retail services. These types of industries are encouraged to develop in Principal Industrial areas. Planned industrial parks should incorporate greenways, bike and pedestrian paths into their designs and link these features to surrounding neighborhoods where appropriate. Land Use Determinants: EXISTING LAND USE PATTERN - Locations where industry has historically developed. EXISTING ZONING - Locations zoned industrial. ECONOMIC OPPORTUNITY AREAS - Locations identified by Roanoke County as an economic opportunity area. EMPLOYMENT CENTERS - Locations where labor-intensive industries exist. TOPOGRAPHY - Locations that can be developed in an environmentally sensitive manner and that are outside of the designated floodplain. RESOURCE PROTECTION - Locations that can be developed in such a way as not to threaten valuable natural resources. WATER AND SEWER SERVICE AND SUPPLY - Locations where water and sewer service exist or can be provided in the near future. ACCESS - Locations served by an adequate public street system that does not direct traffic through existing residential neighborhoods. TRANSPORTATION CENTERS - Locations within close proximity to rail, airport and major street systems. URBAN SECTOR - Locations served by, or in close proximity to urban services. ENGINEERING SERVICES Date:January 11, 2021 To:Roanoke County From:Aaron Shearer Subject:FralinOld Mountain road rezoning General Comments 1.This development will require water and sewer extensions to serve this development and do not qualify for availability credits based on WVWA general rules and regulations. 2.This project is a VDH qualifying project and will need to have the proper submittals for review. Water System design comments 3.The proposed development will require connections to 2 different HGL in the WVWA system requiring a main line pressure reduction at the connection on Old Mountain Road. 4.Water systems shall be designed to adequately supply normal and peak demands for all customers, maintaining a static pressure of not less than twenty-five (25) pounds per square inch at all points of delivery, and shall have adequate capacity to deliver not less than the fire flows listed below, for a minimum of two hours, with a residual pressure of not less than twenty (20) pounds per square inch at the service connection based on the greater of maximum hour or maximum day plus applicable fire flows. In those cases where the existing source of supply cannot deliver fire flows at adequate pressures, the design engineer shall submit a request for waiver. Fire flows shall be analyzed and presented separately, and pipes shall be sized to meet the calculated requirements of simultaneous peak domestic and fire flow. 5.Please provide fire flow requirementsprovided by the locality. Updated flow tests are required, please fill out a Hydrant Flow test application: https://www.westernvawater.org/i-am-a-/developer-engineer/water-forms-policies- applications/hydrant-flow-test-data-application 6.Generally, the minimum water main size is twelve inches (12”) when located along a primary or other major roadway. Eight inch (8”) mains may be used elsewhere, but only when interconnected in a grid system no more than one thousand-five-hundred feet (1,500’) apart. 7.Dead-end waterlines shall be eliminated wherever possible by looping of water mains. 8.Water lines shall be located outside pavement whenever possible. Water lines shall be laid with a minimum parallel offset of four feet (4’) from centerline of the pipe to either face of concrete curbing.Please refer to WVWA details G-1 & G-2 for utility layouts. Page 2 9.Developers are required to extend on-site water mains to the limits of theirdevelopments, for existing or possible future system looping and/or additional supply sources for the development. 10.All pipes shall be installed at a minimum depth of thirty-six inches (36") from established final grade to the top of the pipe. Water pipe shall not be installed at depths exceeding six feet (6’) unless specifically approved by the Participating Utility. 11.Water mains may be installed on private property if a water easement with a minimum width of twenty feet (20') is duly recorded for the proper installation, maintenance, operation, replacement, or removal of the water facilities. 12.Additional easement widths will be required if both water and sewer mains are located in the same easement. The easement width may be reduced in certain areas with written approval of the Participating Utility, when the twenty foot (20') easement would constitute a significant hardship for the development. In no case will an easement of less than twenty feet (20’) be allowed for lines twelve inches (12”) in diameter or larger. 13.no plantings or erection of other obstructions shall be made within a four-foot (4') radius of any fire hydrant, or at any location that would restrict access to the fire hydrant from the street. The ground surface within this same radius shall be level. Sewer design standards 1.Public sewer is available at the cul de sacs on Nelms Ln NE and Long Acre Dr NE. The design engineer shall survey and design sanitary sewer extensions to meet WVWA standards as needed for this development. 2.The elevation of the lowest finished floor served shall be a minimum of three feet (3’) above the top of the main at the point where the service lateral connects to the main. All design/construction plans shall include a table that lists elevations of each finished floor served, and the corresponding top of the main elevation. 3.The adequacy of the existing sanitary sewer system receiving flows from theproposed project shall be determined at the preliminary stage to precludeunnecessary revisions to construction plans. The designer shall providecalculations for the sanitary sewer system (on-site and off-site for both existingandproposed conditions as required) to the points ofconnection to the WVWAsanitary sewer system when requested. 4.Please submit a sanitary sewer data sheet with the first plan submittal. https://www.westernvawater.org/home/showpublisheddocument?id=2296 To Whom It May Concern, I am writing to express my strong opposition to the proposed rezoning and land use application of tax map number 039.01-01- 13.00-0000 located at 5524 Old Mountain Road. While the local community may be unable to prevent development, most residents in the Read Mountain North and Sleepy Hollow neighborhoods are opposed to the addition of 124 single family housing that will cause traffic and safety problems, create even more problems with schools that are already at or near-capacity, destroy local wildlife habitat, and cause problems with erosion and flooding due to deforestation. Traffic and safety of pedestrians are major areas of concern. Traffic is already troubling in the areas of Long Acre, Golf View, and Horseman. Without sidewalks, children often play in the roads and cul-de-sacs. In general, the area traffic to these areas is continuing to increase, and heavy traffic is already routine on Old Mountain Road during the morning and evening school and work hours. There have been numerous accidents on Old Mountain in the 10 years we’ve lived here and the petition to lower the speed limit to 35 for the duration of Old Mountain Road has been ignored. Living on Old Mountain, it is a common occurrence for traffic, both residential and commercial, to pass by our house at speeds of 50+mph, with complete disregard for posted 35mph for the area. Concurrently, this is a major crossing area for deer coming from Read Mountain Preserve and motor vehicle collisions with deer and other wildlife occur frequently. Old Mountain Road is frequently in a state of disrepair with the heavy weight of construction vehicles and semis, that Old Mountain neighbors have also asked to prohibit. One only needs to look at the curves near George's Market to see the asphalt slippage that such traffic has already caused and continues to cause regardless of any street repairs that have been made. Carlos also cannot possibly host the amount of traffic that such a large neighborhood will include as it is a narrow road, to the point that two vehicles cannot pass simultaneously in many areas of the road. I would stipulate that Hollins Road, with its widths and available turning lanes, would be much better equipped to deal with the influx such a large subdivision would bring. Schools in the area are already near overcapacity due to the current pandemic, which is not likely to disappear any time soon, and the council should not approve such a large subdivision that creates or exacerbates a situation that will cause school concurrency to fail for this proposal and/or other approved plans. Wildlife is commonplace in the area, and any development will destroy their habitat. Any planned development of the property should consider the continuing impact to local wildlife habitat that calls the area home. In addition, deforestation of such a large swath of land and building so many single home dwellings could cause soil erosion, Urban Heat Island effect, and leads to flooding due to runoff, which many on Horseman already face. 124 homes on 40+ acres leaves no room to consider leaving shrubbery and forestry to prevent erosion or for the purpose of wind breaks. Trees help the land retain water and topsoil and the addition of this magnitude of housing does not take those factors into consideration. I urge you to disapprove the proposed rezoning and land use application request, and from recent discussions with my neighbors, I know my opinions are shared by many who may not manage to attend meetings or write letters and emails. While I understand, progress is inevitable, I would urge you to consider the impact that such an influx of new residents would have on the surrounding communities and roads. We, the constituents of Roanoke City, are awaiting your reply and possible compromises for the land use and its effects. Thank you for your continued service and support of our communities. Best regards, Valerie and David Lester Owner and resident of 5048 Old Mountain Road On a follow up call with David Ford, I (Alyssa Dunbar) answered the first two questions on his email regarding the proposed dwellings as follows- yes all lots will consist of single family dwellings. No duplex, apartment, or townhouse is proposed at this time. The price range as stated in the application will start at $249,950. He would like for the Planning Commission to question the applicant regarding whether construction equipment will enter via Old Mountain Rd or Long Acre Dr / Nelms Ln. Also, when will the extension of Long Acre Dr as designed through the proposed development be opened to Old Mountain Rd? He raised the following concerns regarding construction beginning on Long Acre Dr or Nelms Ln: There are safety issues with starting construction on Long Acre Dr or Nelms Ln Most of the houses in the neighborhood do not have garages, so many residents park on the street which means there is not much room as it stands. Many couples and families walk throughout the neighborhood Many children play on the streets throughout the neighborhood To Whom It May Concern, I am writing to express my strong opposition to the proposed rezoning and land use application of tax map number 039.01-01- 13.00-0000 located at 5524 Old Mountain Road. While the local community may be unable to prevent development, most residents in the Read Mountain North and Sleepy Hollow neighborhoods are opposed to the addition of 124 single family housing that will cause traffic and safety problems, create even more problems with schools that are already at or near-capacity, destroy local wildlife habitat, and cause problems with erosion and flooding due to deforestation. Traffic and safety of pedestrians are major areas of concern. Traffic is already troubling in the areas of Long Acre, Golf View, and Horseman. Without sidewalks, children often play in the roads and cul-de-sacs. In general, the area traffic to these areas is continuing to increase, and heavy traffic is already routine on Old Mountain Road during the morning and evening school and work hours. There have been numerous accidents on Old Mountain in the 10 years we’ve lived here and the petition to lower the speed limit to 35 for the duration of Old Mountain Road has been ignored. Living on Old Mountain, it is a common occurrence for traffic, both residential and commercial, to pass by our house at speeds of 50+mph, with complete disregard for posted 35mph for the area. Concurrently, this is a major crossing area for deer coming from Read Mountain Preserve and motor vehicle collisions with deer and other wildlife occur frequently. Old Mountain Road is frequently in a state of disrepair with the heavy weight of construction vehicles and semis, that Old Mountain neighbors have also asked to prohibit. One only needs to look at the curves near George's Market to see the asphalt slippage that such traffic has already caused and continues to cause regardless of any street repairs that have been made. Carlos also cannot possibly host the amount of traffic that such a large neighborhood will include as it is a narrow road, to the point that two vehicles cannot pass simultaneously in many areas of the road. I would stipulate that Hollins Road, with its widths and available turning lanes, would be much better equipped to deal with the influx such a large subdivision would bring. Schools in the area are already near overcapacity due to the current pandemic, which is not likely to disappear any time soon, and the council should not approve such a large subdivision that creates or exacerbates a situation that will cause school concurrency to fail for this proposal and/or other approved plans. Wildlife is commonplace in the area, and any development will destroy their habitat. Any planned development of the property should consider the continuing impact to local wildlife habitat that calls the area home. In addition, deforestation of such a large swath of land and building so many single home dwellings could cause soil erosion, Urban Heat Island effect, and leads to flooding due to runoff, which many on Horseman already face. 124 homes on 40+ acres leaves no room to consider leaving shrubbery and forestry to prevent erosion or for the purpose of wind breaks. Trees help the land retain water and topsoil and the addition of this magnitude of housing does not take those factors into consideration. I urge you to disapprove the proposed rezoning and land use application request, and from recent discussions with my neighbors, I know my opinions are shared by many who may not manage to attend meetings or write letters and emails. While I understand, progress is inevitable, I would urge you to consider the impact that such an influx of new residents would have on the surrounding communities and roads. We, the constituents of Roanoke City, are awaiting your reply and possible compromises for the land use and its effects. Thank you for your continued service and support of our communities. Best regards, Valerie and David Lester Owner and resident of 5048 Old Mountain Road To the Planning Commission, County of Roanoke I have reviewed the proposal presented by R. P. Fralin, Inc. concerning the development of 124 homes located at 5524 Old Mountain Road. I would like to present my comments and objections to this proposal: I do not see any reference to storm water management, retention ponds, soil erosion and water drainage regarding this development. Our neighborhoods currently experience issues with storm water runoff and soil erosion. This development will exacerbate these problems, especially for the residents on Ichabod and Horseman. I do not see any reference to an Environmental Impact study being done. Was one done? If so, what did it show? This development is being built in a steep gulley and will impact the existing problems within the City regarding flooding and drainage issues, particularly on Old Mountain, Horseman and Icabod. It appears that no current traffic studies were done for the intersections of Nelms and Old Mountain, Columbia and Old Mountain and the area of the entrance to this new development on Old Mountain. Data in the proposal is from 2018 and 2019. There is no evidence of traffic studies to show the flow on the roads within the existing subdivision. Our roads are heavily congested with parking on both sides of the road. We also have children playing in the streets because their yards are too steep to play in. Speeding and road maintenance are current problems. The proposal shows that traffic will increase 15% on Nelms and 14% on Long Acre. The City commented that these increases could be as much as 40%. Long Acre does not connect to Old Mountain Road so that traffic will have to access Old Mountain via either Nelms or Pennsylvania and Columbia. Parts of Pennsylvania and Columbia are barely two lanes wide. There is also a sharp 90 degree turn where Pennsylvania and Columbia meet. There will also be additional commercial traffic. Delivery vehicles, school buses and other large vehicles will have to continue through Nelms and Long Acre as there is no place for them to turn around on the county end of the roads. This will also increase traffic on Old Mountain Road. There is limited visibility turning into Nelms heading north on Old Mountain. A left turn lane needs to be added to prevent traffic back-ups during peak hours. It appears the developer is considering adding sidewalks on parts of Nelms and Long Acre. The front yards on both of those streets are narrow and sidewalks will greatly infringe on them. Another problem will be increased water runoff issues, possibly causing basement flooding. The developer should look for alternate access to this development. There is a Ñprivate driveÒ noted on the drawings. Please explore the possibility of extending this to Carlos Drive. I would like assurances that construction traffic will not be using Nelms or Long Acre to access Old Mountain. I support reasonable,responsible development. I do not feel that 124 homes on 41.85 acres is responsible development. The proposed lots are small, the majority appear to be the minimum of 7200 square feet, and there is no green space or area set aside for retention ponds. Thank you for your consideration of this request. Respectively Submitted, Becki Hamlen 4608 Golfview Drive NE and ROANOKE COUNTY OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800 Roanoke, Virginia 24018-0798 Peter S. Lubeck Mary Beth Nash TEL: (540) 772-2071 COUNTY ATTORNEY Rachel W. Lower FAX: (540) 772-2089 Marta J. Anderson SENIOR ASSISTANT COUNTY ATTORNEYS SAMPLE MOTIONS The petition of R. P. Fralin, Inc. to rezone approximately 41.85 acres from I-1 (Low Intensity Industrial) District to R-1 (Low Density Residential) District to develop a 124-lot single family home subdivision located at 5524 Old Mountain Road, Hollins Magisterial District. MOTION TO APPROVE I find that the proposed rezoning request: 1. comprehensive plan, pertains to property which is adjoined by properties that are residentially zoned, and is unlikely to be developed for an industrial use; 2. Is good zoning practice; and 3. Will not result in substantial detriment to the community. I therefore MOVE THAT WE APPROVE the rezoning request as it has been requested. MOTION TO DENY I find that the proposed rezoning request: 1. Is plan and good zoning practice, and/or 2. Will result in substantial detriment to the community. I therefore MOVE THAT WE DENY the rezoning request as it has been requested. MOTION TO DELAY ACTION I find that the required information for the submitted proposal is incomplete. I therefore MOVE TO DELAY action until additional necessary materials are submitted to the Board of Supervisors. 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 ORDINANCE REZONING APPROXIMATELY 41.85 ACRES FROM I-1 (LOW INTENSITY INDUSTRIAL) DISTRICT TO R-1 (LOW DENSITY RESIDENTIAL) DISTRICT TO DEVELOP A 124-LOT SINGLE FAMILY HOME SUBDIVISION LOCATED AT 5524 OLD MOUNTAIN ROAD, HOLLINS MAGISTERIAL DISTRICT (TAX MAP NO. 039.01-01-13.00- 0000) WHEREAS, R.P. Fralin, Inc. is requesting to rezone approximately 41.85 acres from I-1 (Low Intensity Industrial) District to R-1 (Low Density Residential) District to develop a 124-lot single-family home subdivision located at 5524 Old Mountain Road, in the Hollins Magisterial District; 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 23, 2021; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 2, 2021; and WHEREAS, the Planning Commission recommends approval of the petition as requested; and WHEREAS, legal notice and advertisement has been provided as required by law. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The petition of R.P. Fralin, Inc. to rezone approximately 41.85 acres from I- 1 (Low Intensity Industrial) District to R-1 (Low Density Residential) District, is approved. 2. The Board finds that the proposed rezoning of the approximately 41.85 Page 1 of 2 residentially zoned, the property is unlikely to be developed for an industrial use, will result in good zoning practice, and will not result in a substantial detriment to the community. 3. This ordinance shall be in full force and effect thirty (30) days after its final passage. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 2 of 2 ACTION NO. ITEM NO. S.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 23, 2021 AGENDA ITEM: The petition of Zye and Gaven Reinhardt to obtain a special use permit in an AR, Agricultural/Residential, District for a special events facility on approximately 31.32 acres, located at 2875 Timberview Road, Catawba Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: County Administrator ISSUE: Agenda item for public hearing and second reading of ordinance for a special use permit for a special events facility. BACKGROUND: · The Roanoke County Zoning Ordinance defines special event place, structure, or other facility used for the assembly of or intention of attracting people for cultural, ceremonial, celebratory purposes or civic clubs for which there is a leasing fee. Such assembly includes, but is not limited to, anniversary and birthday celebrations, reunions, weddings, and receptions. Music concerts or · A special events facility is permitted by special use permit in the AR, Agricultural/Residential, District. · General use and design standards for a special events facility include fronting and having access to a publicly maintained street and regulating outdoor amplified music through the noise ordinance. Use and design standards for properties zoned AR require the property to be a minimum of 10 acres in size. Page 1 of 3 DISCUSSION: The Planning Commission held a public hearing on this request on February 2, 2021. Sixteen citizens submitted comments via email or phone prior to the public hearing. Three citizens spoke during the public hearing and one comment was received during the 10-minute recess period. All comments submitted by phone, email, or in person were in opposition to the petition except one. Concerns and issues expressed included: an increase in traffic on Timberview Road, traffic safety/pedestrian safety, potential for drunk driving, increased noise, erosion of rural character, lack of fire hydrants, increased presence of strangers on Timberview Road, decreased property values, increased taxes, and light pollution. The Planning Commission discussed several issues with staff and the applicant including: the proposed operation of the wedding venue; building code change of use; the need for businesses to support tourism in the Roanoke Valley; noise and lighting issues and the ordinances in place to mitigate those impacts; traffic; use of shuttles to transport guest to the site; condition of Timberview Road; environmental issues; occupancy of the proposed chapel (260 people); special events facility definition; surrounding zoning; future land use designations; and other events that would be held on site (business parties). The Planning Commission recommends approval of the special use permit for a special events facility with two conditions: 1. The site shall be developed in general conformance with the concept plan submitted with the application dated January 22, 2021, subject to any changes required during the site plan process. 2. The number of individuals at each event shall be limited to 250. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board approve the special use permit with the following conditions: 1. The site shall be developed in general conformance with the concept plan submitted with the application dated January 22, 2021, subject to any changes required during the site plan process. Page 2 of 3 2. The number of individuals at each event shall be limited to 250. Page 3 of 3 TUBGG!SFQPSU Qfujujpofs;\[zf!Sfjoibseu!boe!Hbwfo!Sfjoibseu Pcubjo!b!tqfdjbm!vtf!qfsnju!jo!bo!BS-!Bhsjdvmuvsbm0Sftjefoujbm-!Ejtusjdu!up!pqfsbuf!b Sfrvftu;!!!!! tqfdjbm!fwfout!gbdjmjuz! Mpdbujpo;3986!Ujncfswjfx!Spbe Nbhjtufsjbm!Ejtusjdu;Dbubxcb EXECUTIVE SUMMARY: Zye ReinhardtandGaven Reinhardt are requesting aspecial use permit in anAR, Agricultural/Residential, District to operate a special events facility.A wedding venue is proposed for the site, on which there is currently a single- family residence. The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel is mostly Rural Preserveand a small portion is designated Transition. Rural Preserve is a future land use designation consisting of mostly undeveloped, outlying lands. These rural regions are generallyseen as stable and require high degree of protection to preserve agricultural, forestal, recreational, and remote rural residential areas.The proposed project is consistent with the Rural Preserve future land use designation. Additionally, approximately 1.1 acres in the southeastern corner of the property falls under the Transition future land use designation. Transition is afuture land use area that encourages the orderly development of highway frontage parcels. Transition areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development. Intense retail and highway oriented commercial uses are discouraged in transition areas, which are more suitable for office, institutional and small-scale, coordinated retail uses.The proposed project is also consistent with the Transition future land use designation. 2/!!!!!!!!!!BQQMJDBCMF!SFHVMBUJPOT Section 30-29-5 of the Roanoke County Zoning Ordinance defines special events facility as “aplace, structure, or other facility used for the assembly of or intention of attracting people for cultural, ceremonial, celebratory purposes or civic clubs for which there is a leasing fee. Such assembly includes, but is not limited to, anniversary and birthday celebrations, reunions, weddings, and receptions. Music concerts or festivals as a primary use shall be considered an outdoor gathering.” Aspecial events facilityis permitted by special use permit in the AR,Agricultural/Residential,District, subject to Use and Design Standards in Article IV of the Roanoke County Zoning Ordinance. The standards for a special eventsfacilityarelisted below: (A) General Standards: 1.The site shall front directly on and have direct access to a publicly owned and maintained street. 2.Outdoor amplified music shall be regulated by Section 13-21(6) of the County Code (Noise Ordinance). 1 (B)Additional standards in the AR District: 1.The minimum acreage for a special events facility shall be 10 acres. Section 13-21 (6)of the County Code (Noise Ordinance)states: The following acts are declared to be noise disturbances in violation of this article unless specifically excepted in section 13-19. (6)Using or operating a loudspeaker or other sound amplification devices in a fixed or movable position exterior to any building, or mounted upon any motor vehicle or mounted in the interior of a building with the intent of providing service to an exterior area for the purpose of commercial advertising, giving instruction, information, directions, talks, addresses, lectures, or providing entertainment to any persons or assemblage of persons on any private or public property, between the hours of 10:00 p.m. and 7:00 a.m. the following day. Development of the site would require comprehensive site plan review(s) and building permit review(s). 3/!!!!!!!!!!BOBMZTJT!PG!FYJTUJOH!DPOEJUJPOT Background –The property at 2875 Timberview Road is approximately 30.6 acresin size. There is one building on the property which currently serves as a single-family residence.The existing buildingwould continue to serve as a single-family dwelling under this proposal, but the owners would vacate the premises for most weddings. Topography/Vegetation–The property rises from the west and north toward the south and east. Elevations on the property range from 1,205 feet (southwest corner) to 1,346 ft (south-central part of property). The existing single-family dwelling sits at approximately 1,320 feet, while the elevation at the bottom of the driveway is 1,273feet. Most of the portion of the property that is south of the existing building has been cleared, while north of the building is wooded. This property is not in the floodwayor floodplain. Surrounding Neighborhood–Surrounding properties are zoned AG-3,Agricultural/Rural Preserve,District to the north and west;and AR,Agricultural/Residential,Districtto the eastand south.The surrounding neighborhood is predominantly composed of single-family residenceson large lots.The closest single-family dwelling to the existing residence is located approximately 385 feet to the east. 4/ BOBMZTJT!PG!QSPQPTFE!EFWFMPQNFOU Site Layout/Architecture–The existing single-family dwellingis approximately 14,700 square feetin size. Under this proposal, theexisting basketball gymnasium (4,200 sq.ft.)in the single-family dwelling would be converted into a wedding chapel. The existing racquetball court(1,050 sq.ft.)immediately adjacent to the gymnasium would be converted into restrooms, catering prep, and storage. The provided concept plan, floor layout, and renderings show these proposed changes. Outdoor weddings would be an option under this proposal.In the future, it is possible that the patio behind the existing single-family dwellingwould be utilized, with a temporary transparent floor placed over the in- ground pool that is located on the patio. Receptions would be held in the main living area until the renovation of the gymnasium is complete. From that point forward, receptions would be held in the chapel. 2 Access/Traffic Circulation–The site currently has one point of access onTimberview Road, a paved driveway. About 270 feet from Timberview Road, the driveway splits, with a stamped concrete driveway leading to the front steps of theexisting single-family dwellingand a paved section continuing to the parking area on the eastern side of theexisting single-familydwelling.From the paved parking area, a dirt road continues around the patio on the south side of the existing single-family dwelling to western side of the existing single-family dwelling. Under this proposal, this dirt road would be converted to agravelroad, and a newgravel driveway would be constructed to extend northwest from the western side of the existing-single family dwellingto Timberview Road, which would provide a secondary access.An additional parking area would be constructed on the eastern side of the proposed driveway, directly northwest of the existing single-family dwelling.The additional driveway and parking area would be used by caterers and other wedding staff.The wedding party would park onsite, but attendees would be brought in via shuttle bus to minimize traffic on Timberview Road. The concept plan shows these proposed changes. Adjoining Properties-Due to the current health situation regarding COVID-19, a community meeting could not be held for this project. In order to adequately inform all surrounding neighbors, staff expanded the adjacent property notice letter that is typically sent to adjoining property owners. Approximately 99 letters were sent out and contained the application and hearing dates information along with direct contact information for staff and instructions for how to submit comments. Bhfodjft!Dpnnfout: The following agencies provided comments on this application: Office of Building Safety–The proposed use of the structure as a special events venue will require a building code change of use. Roanoke County Transportation–The entirety of Timberview Road is identified in the 2020 Rural Bikeway Plan for future bicycle accommodations. Economic Development–Economic Development supports the Special Use Permit request for a wedding venue onTimberview Road in the Catawba district. The proposed use is consistent with the economic developmentgoals of the County to enhance the tax base, provide employment opportunities and create new specialtyevent venues in desirable locations. Creative and unique event space will also support tourism development,while attracting corporate retreats to the County in close proximity to the Wood Haven Technology Park andthe region's urban core. Fire and Rescue–This project will not adversely impact the services that Fire and Rescue provides. However, depending uponhow the Office of Building Safety classifies the space/property--change of use, new construction, etc.—fireflow and access requirements may need to be addressed and yearly fire inspections performed. Parks and Recreation-There are two Hinchee Trail crossings on Dutch Oven Road and Timberview Road nearthe Electric Road/Route 419 intersection. These trail crossings are not in close vicinity to the proposed special event venue; however, the vehicles traveling toand from the facility will cross them Solid Waste–Thisaddress would be eligible for two automated containers under our ordinance. The ordinance onlyallows two containers per residential address even with a business attached. If it solely becomes a businesslocation -they could have one additional container. These containers would be used only for baggednominal trash (food waste etc.). We do not pick up any boxes, extra bags, brush or other bulky items frombusinesses (per the ordinance). I believe the volume of trash out of a facility such as this 3 would require theprocurement of private dumpster service. Western Virginia Water Authority–There are no WVWA facilities for this address and would need to utilize well and septic for this parcel. Stormwater–There are no floodplain concerns. VDOT–We have reviewed the above mentioned special use request. The Department has no comments on this request. It appears from the information provided that use of this residence as a wedding venue and the proposed use of a shuttle service will not adversely impact the VDOT right of way. Any future expansions or redevelopment of the parcel or alteration to the existing drive may require VDOT review, approval, and permitting. 5/DPOGPSNBODF!XJUI!SPBOPLF!DPVOUZ!DPNNVOJUZ!QMBO The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel is mostly Rural Preserve.Rural Preserve is afuture land use area of mostly undeveloped, outlying lands. These rural regions are generally stable and require a high degree of protection to preserve agricultural, forestal, recreational, and remote rural residential areas.The proposed special events facility use is consistent with the Rural Preserve future land use designation. Asmall portion of the property is designated Transitionon the Future Land Use map. Transition is afuture land use area that encourages the orderly development of highwayfrontage parcels. Transition areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development. Intense retail and highway oriented commercial uses are discouraged in transition areas, which are more suitable for office, institutional and small-scale, coordinated retail uses.The proposed project is also consistent with the Transition future land use designation. 6/TUBGG!DPODMVTJPOT Zye and Gaven Reinhardtarerequesting a special use permit in an AR, Agricultural/Residential, District to operate a special events facility. A wedding venue is proposed for the site, on which there is currently a single-family residence. The proposed project is consistent with the Rural Preserve future land use designation, as well as the Transition future land use designation. When reviewing a special use permit adverse impacts shall be considered as well as the design, scale, use and operation of any proposed use and how well the proposed use conforms to the County’s Comprehensive Plan as well as the purposesof the Zoning Ordinance. The Planning Commission may want to consider conditions to mitigate any impacts raised during the publichearing. These conditions could include, but not be limited to, the following:lighting, screening and buffering, hours of operation, concept plan conformance, size limits, number of events, and limiting the area on the property for the use. DBTF!OVNCFS;!$4.303132 QSFQBSFE!CZ;Jtbbd!Ifosz IFBSJOH!EBUFT;!QD;!!!!!!Gfcsvbsz!3-!3131!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!CPT;!Gfcsvbsz34-!3131 BUUBDINFOUT;Bqqmjdbujpo!Nbufsjbmt Bfsjbm!Nbq \[pojoh!Nbq Gvuvsf!Mboe!Vtf!Nbq !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Qipuphsbqit!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 4 BS!\[pojoh!Ejtusjdu!Sfhvmbujpot Svsbm!QsftfswfGvuvsf!Mboe!Vtf!Eftjhobujpo !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Usbotjujpo!Gvuvsf!Mboe!Vtf!Eftjhobujpo Qvcmjd!Dpnnfout 5 ForStaffUseOnly CountyofRoanoke CommunityDevelopment Datereceived:Receivedby: Planning&Zoning Applicationfee:PC/BZAdate: 5204BernardDrive POBox29800 Placardsissued:BOSdate: Roanoke,VA24018 (540)772-2068FAX(540)776-7155 CaseNumber ALLAPPLICANTS Checktypeofapplicationfiled(checkallthatapply) x RezoningSpecialUseVarianceWaiverAdministrativeAppealCompPlanReview (15.2-2232) Applicantsname/addressw/zipGavenReinhardt3144TimberviewRd24019,540-892-7764 ZyeReinhardt2875TimberviewRoad,24019,540-204-7083 Owner’sname/addressw/zipPhone#: Work:_______________________ MarkReinhardt,2875 FaxNo.#:_______________________ Timberviewroad,24019, 540-761-2739 PropertyLocation MagisterialDistrict:Catawba 2875Timberview Road,24019 CommunityPlanningarea: TaxMapNo.:026.03-01-18.00-0000 ExistingZoning:Agricultural Sizeofparcel(s):Acres:30acresExistingLandUse: REZONING,SPECIALUSEPERMIT,WAIVERANDCOMPPLANREVIEWAPPLICANTS(R/S/W/CP) (15.2-2232) ProposedZoning:SpecialUsePermit ProposedLandUse:Weddingvenue Doestheparcelmeettheminimumlotarea,width,andfrontagerequirementsoftherequesteddistrict? x YesNoIFNO,AVARIANCEISREQUIREDFIRST(Rezoning). DoestheparcelmeettheminimumcriteriafortherequestedUseTypeinArticleIV(SpecialUsePermit)?YesNo x IFNO,AVARIANCEISREQUIREDFIRST Ifrezoningrequest,areconditionsbeingprofferedwiththisrequest?YesNo VARIANCE,WAIVERANDADMINISTRATIVEAPPEALAPPLICANTS(V/W/AA) Variance/WaiverofSection(s)________________________oftheRoanokeCountyZoningOrdinanceinorderto: _____________________________________________________________________________________________. AppealofZoningAdministrator’sdecisionto_______________________________________________________. AppealofInterpretationofSection(s):_____________oftheRoanokeCountyZoningOrdinance AppealofInterpretationofZoningMapto__________________________________________________________. Istheapplicationcomplete?Pleasecheckifenclosed.APPLICATIONWILLNOTBEACCEPTEDIFANYOFTHESE ITEMSAREMISSINGORINCOMPLETE. R/S/W/CPV/AAR/S/W/CPV/AAR/S/W/CPV/AA Consultation81/2"x11"conceptplanApplicationfee ApplicationMetesandboundsdescriptionProffers,ifapplicable JustificationWaterandsewerapplicationAdjoiningpropertyowners IherebycertifythatIameithertheownerofthepropertyortheowner’sagentorcontractpurchaserandamactingwiththeknowledgeand consentftheowner. Owner’sSignatureMarkReinhardt 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Applicant The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The request is for a special use permit that will allow my colleagues and I to operate a special use facility. The special use facility that we are inquiring is a wedding venue. As well as a wedding venue we will also be hosting business parties and other small functions during our colder months. This request will help maintain the natural forests located on the property of the venue due to the fact that we will not be destroying or changing the scenic beauty located in this region. Our main goal is to highlight/elevate the natural beauty around our venue to help our guests appreaciate all that roanoke has to offer. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. No longer will this residence be a home to few but a beautiful wedding destination to many, providing memories that will last a lifetime. The wedding venue conforms to the Roanoke community plan by ensuring scenic beauty within our blue ridge mountains. The wedding parties traveling from far and wide will come into contact with our gorgeous scenery and may possibly fall in love with this area, ensuring future tourists. These weddings will help promote many different religions from far and wide, showing that Roanoke is an inviting area to all types of people. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. The property will experience a high volume of citizens on many given weekends. As neighbors we have reached out to the adjoining properties ensuring that traffic will be limited on Timberview road as well as music will be discontinued after 10pm when the weddings will end (our lovely neighbors on the road have given us support in this endeavor). The venue is sitting on a private well and sewage system. We plan on having two shuttle busses in order to limit traffic on Timberview road so that we can provide safety to our neighbors. Near the venue resides 3 hotels which will allow out of town guests to stay within close proximity to the venue and help Roanoke county economic growth. Attached is a post to the neighbors indicating our plans for the venue and their support/concerns. 35 members of the road belong to this Facebook group. Neighbors comments continued Neighbors comments continued.... Neighbors comments continued... Neighbors comments continued.... Concept plan Chateau de Laurea The first three pictures listed are concept plans for the ceremony facility that is located next to the chateau. We will have two bathrooms as well as a catering room and storage on a small part of the ceremony facility. Next attached to this form is the concept floor plan for the ceremony room located next to the pictures above. The following is a picture of how traffic flow will occur when people are being shuttled from the Salem park and ride to the venue. The shuttle bus will pull up the driveway (black outlined portion) drop the passengers off and drive around the back next to the wedding chapel and down the hill to another driveway (the dark grey figure drawn). Pictures below also indicate where the pathway is at the back of the chateau. Next to the Chapple the wedding party will be parked (the green grass along side the hill). The following pictures is the outside of the chapel showing parking for vendors and the road that will allow the shuttles and vendors to travel without hindering traffic to the main building. (Parking for the vendors) The road that will travel alongside the back of the chapel meeting Timberview Road. Lastly We would like to show a few pictures of the inside of the house Catawba Site Subject Catawba Site Subject Catawba AR District Regulations SEC. 30-34. AR AGRICULTURAL/RESIDENTIAL DISTRICT. Sec. 30-34-1. Purpose. (A) These areas are generally characterized by very low density residential and institutional uses mixed with smaller parcels that have historically contained agricultural uses, forest land and open space outside the urban service area. These areas provide an opportunity for rural living in convenient proximity to urban services and employment. Agricultural uses should be encouraged to be maintained. Over time, however, these areas are expected to become increasingly residential in character, with residential development becoming the dominant use over agricultural and more rural type uses. The purpose of this district, consistent with the Rural Village land use category in the comprehensive plan, is to maintain these areas essentially in their rural state, consistent with the level of services anticipated by the county. These areas are generally suitable for low density residential development and other compatible land uses. (Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4- 22-08) Sec. 30-34-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture * Agritourism * Farm Brewery * Farm Distillery * Farm Winery * Forestry Operations * Stable, Commercial * Stable, Private * Wayside Stand * 1 AR District Regulations 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type II * Manufactured Home * Manufactured Home, Emergency * Multiple Dog Permit * Residential Human Care Facility Single Family Dwelling, Detached Single Family Dwelling, Detached (Zero Lot Line Option) * 3. Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Religious Assembly * Utility Services, Minor 4. Commercial Uses Bed and Breakfast * Veterinary Hospital/Clinic 5. Miscellaneous Uses Amateur Radio Tower * Wind Energy System, Small * 2 AR District Regulations (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Residential Uses Alternative Discharging Sewage Systems * 2. Civic Uses Camps * Cemetery * Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Safety Services * Utility Services, Major * 3. Commercial Uses Antique Shops * Golf Course * Kennel, Commercial * Studio, Fine Arts 4. Industrial Uses Custom Manufacturing * Resource Extraction * 5. Miscellaneous Uses Broadcasting Tower * Outdoor Gatherings * 3 AR District Regulations (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 42694-12, § 7, 4- 26-94; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811- 1, § 1, 3-8-11, Ord. No. 111213-15, § 1, 11-12-13, Ord. No. 062816-4, § 1, 6-28-16, Ord. No. 082818-8, § 1, 8-28-18) Sec. 30-34-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements 1. Lots served by private well and sewage disposal system: a. Area: 1 acre (43,560 square feet) b. Frontage: 110 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 30,000 square feet b. Frontage: 100 feet on a publicly owned and maintained street. 3. Lots served by both public sewer and water: a. Area: 25,000 square feet b. Frontage: 90 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 15 feet b. Accessory structures: 15 feet behind front building line or 10 feet behind rear building line. 4 AR District Regulations 3. Rear yard: a. Principal structures: 25 feet b. Accessory structures: 10 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. 5. Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 20 feet from any side property line. (C) Maximum height of structures. 1. All structures: 45 feet (D) Maximum coverage. 1. Building coverage: 25 percent of the total lot area. 2. Lot coverage: 50 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93, Ord. No. 111213-15, § 1, 11-12-13) 5 Rural Preserve:A future land use area of mostly undeveloped, outlying lands. These rural regions are generally stable and require a high degree of protection to preserve agricultural, forestal, recreational, and remote rural residential areas. Land Use Types:Agricultural Production-The production of crops, plants, vines, trees, livestock, poultry and eggs. Agricultural Services-Services that support agricultural production such as soil and crop preparation, veterinary services and landscape and horticultural care. Forest and Wood Products-Tree farms, forest nurseries and reforestation services. Parks and Outdoor Recreation Facilities-Large regional parks and other recreation facilities that are designed to preserve environmentally sensitive lands and protect them from more intense land uses. Rural Residential-Single-family residential generally averaging a gross density of one unit per three acres. Cluster developments are encouraged. Rural Institutional-Limited intensity uses such as religious assembly facilities and clubs serving the local rural population base. Mining and Extraction Operations-Those uses that locate according to the availability of natural resources. There are strict limitations on these industries in the Rural Preserve designation due to potentially harmful effects on housing, farming and resource protection and conservation areas. Land Use Determinants:EXISTING LAND USE PATTERN -Locations whereagricultural, recreational, and forestal uses are predominant and are encouraged to expand. EXISTING ZONING -Locations where agricultural zoning is in effect. RURAL RESIDENTIAL AND INSTITUTIONAL AREAS - Locations where limited, very low density residential and institutional uses are allowed. RESOURCE PROTECTION -Locations where valuable and irreplaceable resources such as open space, public water supply impoundments, rivers, streams, lakes, productive agricultural land, woodlands, critical slopes, ridgelines, historical and archeological sites and unique natural areas exist. ACCESS -Locations that are accessible by existing improved or unimproved rural roads and, to a lesser extent, rural arterial highways. RURAL SECTOR -Locations outside the urban service area. Transition: A future land use area that encourages the orderly development of highway frontage parcels. Transition areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development. Intense retail and highway oriented commercial uses are discouraged in transition areas, which are more suitable for office, institutional and small-scale, coordinated retail uses. Land Use Types: Office and Institutional - Planned office parks and independent facilities in park-like surroundings are encouraged. A high degree of architectural design and environmentally sensitive site design is encouraged. Retail - Small-scale planned and clustered retail uses. Multifamily Residential - Garden apartments at a density of 12 to 24 units per acre. Single-Family Attached Residential - Planned townhouse communities of 6 or more units per acre. Parks - Public and private recreational facilities. These facilities should be linked to residential areas by greenways, bike and pedestrian trails. Land Use Determinants: EXISTING LAND USE PATTERN - Locations where limited commercial uses exist. EXISTING ZONING - Locations where commercial zoning exists. ACCESS - Locations where properties have direct frontage and access to an arterial or major collector street. SURROUNDING LAND USE - Locations which serve as a logical buffer strip between conflicting land use patterns. ORIENTATION - Locations which are physically oriented toward the major street. URBAN SECTOR - Locations served by urban services. From:Isaac Henry To:Susan McCoy Date:1/25/2021 2:44 PM Subject:Reinhardt comments .ĻƷƷǤ ağƷƷŷĻǞƭ aƚƚƩĻ \[źǝĻƭ źƓ ŷĻ ‘ƚƚķƌğƓķƭͲ –Ͳ ƚǞƓƭ ƦğƩĭĻƌ ğĭƩƚƭƭ ƭƷƩĻĻƷ ΛƓƚ ğķķƩĻƭƭ ƦƚźƓƷ ğǣ L5 ϔ ЉЋЏ͵ЉЊΏЉЊΏЊЌ͵ЉЉΏ ЉЉЉЉΜ L ğƒ ǞƚƓķĻƩźƓŭ ğĬƚǒƷ ƌźğĬźƌźƷǤ źƓƭǒƩğƓĭĻͲ źŅ ƭƚƒĻƚƓĻ ŭƚĻƭ ƚƓ ƒǤ ƦƩƚƦĻƩƷǤ ğƓķ źƓƆǒƩĻƭ ƷŷĻƒƭĻƌǝĻƭͲ Ǟźƌƌ L ĬĻ ƌźğĬƌĻͪ L ŅĻĻƌ ƷŷğƷ ŷğǝźƓŭ ĻǝĻƓƷƭ ğƷ Ʒŷźƭ ŷƚǒƭĻ Ǟźƌƌ ƌƚǞĻƩ ƷŷĻ ǝğƌǒĻ ƚŅ ƒǤ ƦƩƚƦĻƩƷǤ͵ L ğƒ ğŭğźƓƭƷ ğƌƌƚǞźƓŭ Ʒŷźƭ ƭƦĻĭźğƌ ǒƭĻ ƦĻƩƒźƷ͵ From:Liz Belcher To:Philip Thompson Date:1/28/2021 1:12 PM Subject:Fwd: \[EXTERNAL\] - Timberview Road, Roanoke County, Concerns Attachments:timberview 1 pdf.pdf From:Isaac Henry To:Susan McCoy Date:1/25/2021 2:44 PM Subject:Reinhardt comments .ĻƷƷǤ ağƷƷŷĻǞƭ aƚƚƩĻ \[źǝĻƭ źƓ ŷĻ ‘ƚƚķƌğƓķƭͲ –Ͳ ƚǞƓƭ ƦğƩĭĻƌ ğĭƩƚƭƭ ƭƷƩĻĻƷ ΛƓƚ ğķķƩĻƭƭ ƦƚźƓƷ ğǣ L5 ϔ ЉЋЏ͵ЉЊΏЉЊΏЊЌ͵ЉЉΏ ЉЉЉЉΜ L ğƒ ǞƚƓķĻƩźƓŭ ğĬƚǒƷ ƌźğĬźƌźƷǤ źƓƭǒƩğƓĭĻͲ źŅ ƭƚƒĻƚƓĻ ŭƚĻƭ ƚƓ ƒǤ ƦƩƚƦĻƩƷǤ ğƓķ źƓƆǒƩĻƭ ƷŷĻƒƭĻƌǝĻƭͲ Ǟźƌƌ L ĬĻ ƌźğĬƌĻͪ L ŅĻĻƌ ƷŷğƷ ŷğǝźƓŭ ĻǝĻƓƷƭ ğƷ Ʒŷźƭ ŷƚǒƭĻ Ǟźƌƌ ƌƚǞĻƩ ƷŷĻ ǝğƌǒĻ ƚŅ ƒǤ ƦƩƚƦĻƩƷǤ͵ L ğƒ ğŭğźƓƭƷ ğƌƌƚǞźƓŭ Ʒŷźƭ ƭƦĻĭźğƌ ǒƭĻ ƦĻƩƒźƷ͵ David J. Lofgren 3024 Timberview Road Roanoke, VA 24019-6512 January 28, 2021 Roanoke County Planning Commission 5204 Bernard Drive Roanoke, VA 24018 RE: Hearing for Special Use Permit - Reinhardt, 2875 Timberview Road; Feb 2, 2021 Messrs. James, Henderson, Woltz, Bower and McMurry; Iam submitting theseformal comments regarding the applicationfor a Special Use Permit (SUP), byMark Reinhardt, to hold special events athis current residential home on Timberview Road,Zoned AR (agricultural/residential), that isadjacent to private homes Zoned AG-3 (residential/rural preserve).I’veknown Dr. Reinhardt and his family asfriendly good neighbors for over 20 years. His family home is beautiful and could easily support a wedding venueand similar events. However, my concernsfocus around the larger questionofwhether a commercial venture in the midst of along standing rural family community sets a detrimental precedent. Approvalcould easily invite interest in more commercial developmentthat further stretchescurrent zoning parameters and compromises the tranquil lifestyle and safety of current residents.Significantly, county Code Section 30-34-1.,Purpose AR Agricultural/Rural District, states, “The purpose of this district… is to maintain these areas essentially in their rural state.” BACKGROUND: The Timberview Road area is well known to the Commission having been thoroughly examined during a recent 2020 hearing application topermitnew commercial activity in this same area (application subsequently withdrawn). Toreview, this area is composed of residential family homes on mostly larger acreage lots, all accessed only by narrowandtorturous Timberview Road, which has no outlet (dead ended). There are no commercial properties that use Timberview Road. \[Note: Loch Haven Lake Club partially borders Timberview Road, but all publicaccess is solely from Loch Haven Drive\]There are just two propertiesonTimberview Roadthat are not residential or forestedwithout structures: Sherwood Archers isa memberonly not-for-profit archery club on 89 acres, is not open to the public, does not allow private events, and hasgated access. Carvins Cove Natural Reserve recreation area, with hiking/biking trails and parking lot, is developed andmanaged by the Roanoke City Department of Parks and Recreation andislocated wholly beyond the dead end of Timberview Road, withinthe Carvins Cove watershed. 1 CONCERNS:The principle concerns are two - the safety of residents; and establishing a commercial development precedent. There are many associated questions/concerns that the application does not address, or only partially addresses. These salient concernsfollow: 1.Roadway and ResidentialSafety - Only recently repaired and postedwith a speed limit, Timberview Road remains a very narrow road, with no shoulders, pavement markings/delineations and many blind hills and curves. a.VDOT has no plan to upgrade/improve Timberview Road. b.The SUP application states “The property will experience a high volume of citizens on many given weekends” which coincideswiththe highest traffic by non-residents using the Carvins Cove Natural Reserve and the Sherwood Archers Club, magnifying traffic risks. c. The SUP application states a closing time of 10:00 pmthat is proximate to the closing times of Carvins Cove Natural Reserve and Sherwood Archers, which could lead to increased nighttime traffic and driving hazards. d.The SUP application does not provide estimates for the anticipated size of events, the number of attendees and vehicles, including supporting staff and vehicles (caterers, etc.). Is there a business plan with estimates for event attendance? The SUP application anticipates “high volume” attendance, but is that 100 or 1,000. What is the countyFire Marshall’s determination for the maximum facility capacity? e.The SUP application states shuttle buses are planned for reducing traffic; however, it is unlikely that event attendees dressed in finer clothing and bearing gifts, will choose to travel to a public parking lot and transfer to a bus. Driving directly to the wedding venuewill be far more comfortable and convenient, especially in summertime heatwhenthe SUP application estimatesfor most wedding eventsand also the seasonfor greatest use of the Carvins Cove Natural Reserve and Sherwood Archers. f.Historically, due to poor road conditions that are similar to Timberview Road, Valley Metro refused a charter bus request for a Roanoke College group to attend an event in the Bennet Springs area of Roanoke County. g.Parking on/along Timberview Road would be prohibitive.TheSUP application does not address parking to accommodate those attendees not taking the shuttle buses, nortraffic and parking controls. 2 h.There is no mention in the SUP application regarding serving alcohol at proposed events, although consuming intoxicating beverages isextremely typical for wedding receptions. Afor-profit wedding venture where alcohol is not allowed would probably not bevery popular. Whether alcohol is served as part of the event, or broughtby participants, intoxicated driving on Timberview Road is an extremely dangerous scenario. 2.Precedent setting for further commercial development: This concern is fairly self- explanatory. Specific pointsfollow: a.At present, there are no commercial facilities or activities accessed by Timberview Road. The proposed property conversion from private residence to commercial use would be a precedent setting action for this rural residential community. b.Approval of the SUP application would encroach on the long held and codified character of this rural residential community. c. The application narrative states thatother events, such as “hosting business parties and other small functions” are included inthe SUP application, but there is no further explanation. If approved, this open ended caveat could unintentionally stretch the SUP provisions and lead to further precedent setting commercial activity not within the intended scope of asingle activity zoning exception, i.e., wedding venue. Summary/Recommendation: 1. There are many unaddressed/unanswered concerns associated with this SUP application. 2.Noteworthy are thecounty SUP guidelines that state, “Special use permits are generally subject to certain standards or conditions to ensure that the use is appropriate to the area.” 3.If approval of this SUP application is contemplated, a comprehensive listing of standards and conditionsshould be developed and made part of the Planning Commission’s approvalrecommendation; however, this listingcannot be properly developed until, at a minimum, the concerns stated above are resolved. Sincerely, David J. 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Ujncfswjfx!Spbe/!!Ju!xjmm!cf!efusjnfoubm!up!uif!dpnnvojuz/ Uibol!zpv!gps!zpvs!dpoujovfe!tfswjdf!boe!tvqqpsu!up!pvs!dpvouz!pg!Spboplf/ Cftu!sfhbset- Tboesb!Hbstu!Ivoufs January 30, 2021 Re: Planning Commission Hearing on February 2, 2021 Zye and Gaven Reinhardt land use application Dear Sir: I am writing in response to a notification dated January 13, 2021 (not received until January 23, 2021) regarding a land use application request. Please accept the following considerations when deciding to approve or deny this application: History: Timberview Rd is a rural lifestyle community. My family has owned land on this street for over 100 years. The community on this road has watched the number of residences increase over the past 40 years due to the rural nature and the beauty of the area. Roads: Timberview Rd began as a wagon trail. In the winter months there was a large gate located in an area before arriving at the Reinhardt property that was locked when winter began and was opened when spring arrived. This gate was to prevent anyone from going beyond that point. About 40 years ago (when we built our home on Timberview), the road was covered with a mixture of gravel & tar & later covered with asphalt. The culverts have not been updated to accommodate the run-off from the many creeks that are seen on the road and are now failing. Recently, a 12 foot culvert had to be replaced when the road was undermined by storm-water overflow at our driveway entrance. I had called the local VDOT office to report places where the road was “sinking”. Several drive-by inspections yielded zero effort. The result was a 2 day road closure to traffic. That resulted in cancelled doctor appointments, etc. The road has no fire hydrants, is narrow and a fire truck would need the entire road to respond to emergency calls. Access: We have only one way into our community and one way to exit our community to get to Dutch Oven Road. Once on Dutch Oven Road, there is only one way to exit to Route 419. The bridge that allowed exit on Route 311 was allowed to deteriorate and became unsafe and was closed. When Virginia Tech has an activity, this causes Interstate 81 traffic to slow to a crawl; therefore, traffic “takes the back way” by getting off at our Exit 141 and using Blacksburg Road to get to Tech. You’ve added the traffic from the Allstate building, the new apartments constructed on Cove Road and the traffic from the APCO building. So, we have several issues – when the road is closed for repairs, there is no exit or entrance to your residence. The event dedicating the park on Dutch Oven caused the road to close to through traffic limiting our access to our homes, access for Emergency vehicles and buses. There are also trees that block the road when they frequently fall (some residents carry a chain saw in their vehicles during the winter knowing there is a possibility of having to clear the road). Parking for Hinchee park sometimes overflows onto the sides of Dutch Oven road. Land Use: This community is zoned Agriculture/Residential. Currently located on the road is Sherwood Archery (additional traffic and noise for scheduled events), the back entrance to Loch Haven Country Club (has events such as weddings, receptions, family outings, etc) and recently we have the Hinchee Trail opened. There are many bikes and runners using the road (not the designated Hinchee Trail). Everyone in my family has been “run off the road” by someone, with bikes being carried on their car, who are unfamiliar with the topography of the road. Problems would arise with the activities generating noise. Noise would be amplified in this little valley. There is insufficient parking, requiring parking areas, bathrooms, electrical upgrades and construction of facilities changing the community forever. Taxes/Services: We have very few services provided by Roanoke County – trash pick-up, policy and fire coverage and schools/school buses for those with school age children. Promised high speed internet service has not been provided even though we were told it would be available several months ago. Other sections of the county did receive these services. Yet, our real estate taxes continue to increase. What impact will approving this application have on our taxes? Conclusion: This road cannot support additional traffic and with potential alcohol involved, is ripe for accidents. The community promotes a rural lifestyle for those looking for it. It is zoned agriculture/residential and should remain so, without commercializing the community. Please deny the request. Thank you, John and Barbara Cosgrove 2610 Timberview Rd Roanoke, VA 24019-5914 Document for presentation at Roanoke County’s Public Hearing, February 2, 2021 I am here tonight because Zye and Gaven Reinhardt have applied for a Land Use Application Request to obtain a special use permit for a Special Events Facility on property zoned AR Agricultural/Residential located at 2875 Timberview Road. It is the property owned by Dr. Mark and Susan Reinhardt. As background, many of you know, I am Bruce Allen Watson. Jane and I own property directly across Timberview Road from the Reinhardt property. Between two and three months ago, Dr. Reinhardt and I met briefly near my mailbox. He explained to me that his family had recently hosted a wedding at his house. He wanted to know if I had noted any difficulty with traffic or noise on the day of the wedding. My answer was that I had noted no disturbance at all. I did not even know they hosted the wedding. In order to prevent a lot of traffic, he said they had picked up the guests from a parking lot, using a shuttle bus. He indicated they planned to host other weddings in the future. From that day until I read the letter from Roanoke County regarding this public hearing, I heard nothing else about their future plans. Saturday morning, January 30, 2021. I called Dr Reinhardt to ask about their plans. He said there would be no problem with traffic for their future events because they would continue to use shuttles. Roanoke County’s letter made it sound to me like they were also asking permission to have music concerts and music festivals. Assurance was given me that there were no plans for those activities. My comment was that I believed he would do what he said. My question was what will happen in the future when the property owne’rs change? Would there be a legal document which would prevent future owners from hosting some of the other options in the application. I felt some of the possible events could cause disturbance in our community? To me, there would be a huge difference between hosting a wedding, and hosting a music concert or music festival, which are both mentioned in the application. Dr. Reinhardt indicated that there is presently nothing in writing that would prevent present or future owners from hosting a musical concert or festival. He assured me that it would not happen as long as he owns the property. I believe him. I think we do not have to worry about music concerts or music festivals while he is in charge. My concern is what will happen when he, or his family, no longer own the property? I am uncertain if the Reinhardt’s have hosted more than one wedding. I think it is commendable that they have used shuttles to prevent traffic problems in the neighborhood. Transporting guests by shuttle is not mandated by the application request. A large city bus, used as a shuttle, must be costly. Will future owners of what is now the Reinhardt property, continue to pay for shuttles, since shuttles are not mandated? After my conversation with Dr. Reinhardt, I tried to play catch up. I only learned about the application when I read the Roanoke County letter the day before, which was last Friday, January 29. Although there had apparently been considerable discussion in the community, nothing was said to me or my wife. Today makes the fourth day I have known about it. I am uncertain of the practical difference between granting a zoning variance , and granting a change for land use so people are allowed to do different things with their land than they were with their original Land Use Agreement. (such as the one now under consideration). When the Land Use Agreement is allowed to change by the municipality, to me, as a non lawyer person, it seems similar to allowed a variance in a zoning law. When a land owner receives a zoning variance, it is my understanding there is a generally accepted legal principle that the zoning variance will “run with the land”. This means the variances are unaffected when the property is sold. In other words, the new owners receive the zoning variance, and all its benefits. If the request for a special events facility is granted to Zye and Gaven Reinhardt, the residents of Timberview need to know if that grant will “run with the land” like a zoning variance. If it does, and future owners can use those same benefits, the futureowners would be allowed to host any type of events that were granted in the original application. Under those circumstances, it appears to me that even music music festivals and music concerts would be allowed. There is no limit mentioned in the application as to how many people can attend. The continued use of a shuttle would be at the discretion of the future owners. It the decision were made to stop the shuttle at some point in the future, guests could be allowed to drive directly up Timberview Rd to the venue on the Reinhardt property. I would like for the planning commission to inform us whether or not the types of events that can be hosted as mentioned in this application will “run with the land” to future owners, if the present application is approved by the Department of Planning. I have already mentioned, and will mention several more rimes that the Land Use Application for the facility does not appear to limit the number of guests in any way. That may be the most important point I will make. If I am in error with that statement, please correct me. That should be a concern for all of us. Would the limit be just few, fifty, a hundred, or even greater? If a popular band were to perform a concert, could thousands attend? In the application, the number of guests allowed appears unlimited. Other questions arise. To my knowledge, Timberview has no public water or sewage. If we have had rain for days, and an event is hosted, will the septic system handle the extra sewage? Could ground saturation from excessive rain allow sewage run off, and possibly create an environmental hazard? Are porta potties going to be required? If an accident occurs with shuttle bus involvement, will the owners of the facility be liable for any damages and injuries? How about if a guest is traveling late and misses the shuttle. If he or she decides to drive to the facility, who will be liable if an accident occurs.? Are the Reinhardt’s prepared with liability insurance if they are sued because of a mishap? I understand Saturdays are the most popular days for weddings. We have considerable bike traffic on Saturdays. How would it be to drive down Timberview and encounter a bike and a full size shuttle bus going in the opposite oreven the same direction, and at the same time? Many times I pull over and stop when facing oncoming traffic, especially near a mailbox, and when facing a large oncoming vehicle. I think we all agree Timberview is a rather narrow road. Do we want to have to pass a large oncoming (full size) shuttle bus? If the Park and Ride at Exit 140 is used for guest parking, are events going to be planned when Virginia Tech has a home game? I have seen that parking lot overflowing on some of those days. I think the city of Salem maintains that Park and Ride. When a business uses the Park and Ride for the purpose of making money, does Salem require a fee, or is special permission required? What will be the days and times of operation? Do the plans include hosting events only on weekends and holidays? What is the latest time the facility will be open? Will outdoor live bands or D J’s be allowed at weddings or other events? They would certainly cause a lot of noise disturbance in the neighborhood. Dr. Reinhardt said wine and beer will be allowed. While the alcohol content of beer and wine is less than of hard liquor, intoxication can still occur. Using the shuttle would eliminate driving under the influence on Timberview. The threat would still exist because the guests may still be under the influence when they drive away from the Park and Ride. The shuttle would not stop the driving under the influence; only shift it to another place. Since the traffic is much heavier on route 311 than Timberview, it may be more hazardous for drivers to leave from the Park and Ride, than if they just left the reception from the Timberview facility. Certainly, many more drivers would be encountered on 311, than on Timberview. I think many of you feel as I do. I like living on Timbeview, better than any place I have ever lived. We are in the mountains on a dead end road with trails nearby, and near an approximately 13,000 acre conservation easement that will never be developed. Yet we can be at Valley View Mall in ten to fifteen minutes. Do we really want any type of business to be located right in the middle of this fantastic neighborhood that could affect our peaceful coexistence? Once any type of commerce is allowed, it will change things forever. I truly believe Dr. Reinhardt would do everything he could to maintain our peaceful neighborhood. The problem is that a special events facility does not care who owns it. It will allow options for activities that I doubt any of us want. Again I repeat, the application does not indicate a limit on the number of guests allowed. Does anyone want that to be an option in our neighborhood? For most of us, our homes are the single most expensive asset we own, and for that matter will ever own. Did any of the applicants or their families check with a real estate appraiser to ask how a business like the one proposed would affect the home values of your neighbors? Learning that would have been my first priority. For me personally, I do not think I have the right to bring a business into the neighborhood that could adversely affect the value of my neighbor’s property. I thought it would be important to know how the proposed special events facility could affect our real estate values. I consulted two real estate professionals: a retired real estate appraiser with decades of experience, and a presently working real estate broker who owns his own firm. The two of them are familiar with real estate on Timberview. Both of them said the special events facility as requested in the application would almost certainly cause a decrease in our real estate values. The decreased value could be along the whole Timberview Road. The decreased value would probably be greater in the area between the proposed facility and 419, where the traffic could be heavier. They took into consideration what the special events facility would allow; things like the types of events listed on the application, a facility without limits on number of guests, the potential that future owners may hold events and provide no shuttle, which would cause increased traffic and the. They also considered noise that could accompany these events, especially if music concerts and music festivals were allowed. I wanted to know how the proposed special events facility could affect our real estate values. I consulted two real estate professionals: a retired real estate appraiser with decades of experience, and a presently working real estate broker who owns his own firm. The two of them are familiar with real estate on Timberview. Both of them said the special events facility as requested would almost certainly cause a decrease in our real estate values. The decreased value could be along the whole Timberview Road. It would especially be a threat in the area between the proposed facility and 419, where the traffic could be heavier. They considered what would be allowed (the things listed in the application) if the application is granted: A facility without limits on number of guests, the potential that future owners may hold events and provide no shuttle, causing increased traffic, and the noise that could accompany such events, especially if music concerts and festivals are allowed. Dr. Reinhardt said they are not going to host some of those things. But if there are no plans to use them, why even have them listed in the application? There is no assurance that future owners will or will not host any and all of those events. The two real estate professionals I consulted said the closer our homes are to the facility, the greater the potential decrease in our appraised values. On Saturday, Dr. Reinhardt told me he had previously checked with some of the nearby neighbors and they said they would be alright with the special events facility so close to them. I am one of the neighbors closest to the propose facility, and I was not consulted. I wonder if the neighbors consulted would have been agreeable with having the facility, had they known their property values could decrease. Because of location, the real estate professionals said the home closest to the proposed facility, owned by Kathy and Earl Ashby, likely would be the home whose value would drop the most Of the closest houses to the proposed facility, whose equity will likely decrease the most, three of those houses belong to relatives. Jane’s and my house is the about the fourth or fifth closest. I encourage you to choose your own real estate specialist to see if he or she will confirm or refute what my consultants said. Who knows how the equity in our homes will be used in the future? Are nursing homes in our future? Will we need a reverse mortgage to provide for our cost of living? As we get older, will we need to sell our house and buy a patio home for easier living? Remember we can sell our homes without tax consequence. Even a five to ten per cent devaluation would cost us thousands. In summary, the real estate professionals I consulted indicated our homes, the most important and most expensive investments we will likely ever have, will almost certainly decrease in value if the facility is allowed. There is absolutely no chance the facility will do anything to increase the value of our homes. Only the family making the request has something to gain. Because of its potential adverse affect on so many people, I cannot possibly be in favor of approval of this application. I think it is an important point that the value of our homes does not have to actually decrease, but just to have the potential for decrease. I think the word “potential” is an important one. Do any of us want to have a business in the neighborhood that has the potential to decrease our home values? The only way to find out for sure would be to let the business be established and find out what happens. Do any of us want to take that chance? I think not. I urge the Planning Commission to deny this application. Respectfully, Bruce Allen Watson 2860 Timberview Rd. Roanoke, VA 24019 Roanoke County Board of Supervisors Re: Mark Reinhardt request for special use permit for Wedding venue February 23, 2021 Board of Supervisors meeting My name is Paula Jones. I live at 3324 Timberview Rd I, like Mark Reinhardt, am a long time resident of Timberview Road, having built my house and moved in during February of 1983. Mark's current house was built to replace the one that burned down many years ago and is, by far, the largest house on Timberview Road. Due to its size, I had always wondered what future plans Mark might have for his house, and now I know. I think Mark's house would make a nice wedding venue. However, there are some items that make this a difficult, if not impossible, venture--the current amount of traffic on this road and the current state of Timberview Road. As Mark stated at the Planning Commission meeting, when he moved onto Timberview Road there were only a few residents past him--in fact there were 4, one of which was often vacant as it was a rental. Since that time; until present, an additional 15 homes have been established with another just now being started. In addition to those homes, 4 others have been built across from Mark. In the one and three quarter miles before Mark's house, where there were once only three homes, there are now 12 additional homes. Only the first half mile of the road has fewer homes that were built after Mark's than what was there before Mark's house. In spite of the increase in houses on Timberview, very little has been done by VDOT to accommodate the increase and address the road's safety issues. With more homes, comes more traffic. In total there are about 57 homes on Timberview Road. If you consider an average of 2 vehicles per home and each person drives one round trip per day, that works out to 228 vehicles on the road per day for just the residents. Mark says his venue will only hold 250 people. He has offered to buy a bus that holds 25 people to transport everyone to the wedding to cut down on the amount of traffic on the road and the possibility of drunk driving. Some people will drive, such as the wedding party, caterers, photographer, and musicians. With that in mind, let's say he has 200 people to transport in the bus. It will take 8 round trips to get that number there. Mark has told us they will begin transporting people an hour before the wedding. It takes about 5 minutes to safely get to the beginning of the road from Marks, maybe another 5 minutes to get to where he is picking up people, 5 minutes to load them and then reverse the process (30 minutes per load of 25 people). That means in an hour he will only be able to transport 50 people. So, in order to make this work he has to start hours before the wedding or secure several more buses and qualified drivers. If he then decides to allow everyone to drive and you figure 2 people per vehicle (125 vehicles) and they want to get to the venue within 30 minutes of the event, we are looking at one vehicle every 14 seconds coming down Timberview Road. That also brings up the question of where will that many vehicles park and the obvious risk of drunk driving. There is no way that Timberview Road can support this kind of traffic. The buses he proposes to use will take up more than half of the road as the road is only 14-16 ½ feet wide in most places (yes, I walked it and measured it in random places--the first half mile of the road may be even narrower). In addition to the narrowness, there are many twists and turns and blind rises that make this road dangerous. In fact, my daughter was run off the road by a large van that only carried 12 people, not the 25 that Mark proposes. Fortunately, she was not hurt, but her car was too damaged to drive. Besides the road being so narrow, there are virtually no shoulders. So if you do meet someone, there is often no place to pull off. Another thing to consider with the narrowness of the road is the ability for emergency vehicles to get thru. If there is an emergency on the road on a day that Mark is having an event, that vehicle may be unable to get to the emergency due to all of the traffic that it encounters and no way to get around it due to the road conditions. Mark said he would only hold events on the weekends (Friday/Saturday). This is also the busiest traffic days on Timberview Road due to the trails at both ends (the Hinchee Trail and the trails at Carvins Cove). These trails are accessed all week, but the traffic on the weekends is far worse. As both parking lots are fairly small, drivers fly down the road to hurry there to get a spot. Many of the vehicles are trucks and suvs so they can carry all of their equipment. Also, we often have groups of bikers that ride from the beginning of the road, to the trails at the end (anywhere from 3-30 bikers in a group). People who hike the Hinchee trail often don’t use the first part of the trail that parallels Timberview, but opt to walk on Timberview road instead, often with their dogs and children. The trails at the end of Timberview (Carvins Cove trails) do not close until 10:00pm which coincides with the venue's proposed closing time. I feel that Mark might be able to make this work if he could find another way to access his property other than Timberview Road, as Timberview road is just too narrow, windy, has too many blind turns, and too much other recreational traffic to support this additional traffic safely. There have been many accidents on this road, some of them fatal, and the road conditions were a heavy factor in every single one. Until a time that these conditions are made safe for all who travel on Timberview Road, or Mark secures a different entrance onto his property that does not use Timberview Road, I would ask the Board to turn down this application. From:Debbie Jacks To:Board (Debbie Jacks); Philip Thompson Date:2/11/2021 2:57 PM Subject:Fwd: \[EXTERNAL\] - February 23 meeting Attachments:Sherwood Archers letter.docx Dear Planning Commission, My name is Randy Brookshier, current vice president of Sherwood Archery club, located at 2720 Timberview road. It has come to my attention that our archery club may have been misrepresented at the recent Planning Commission meeting. I understand that one of the arguments presented at the meeting was that Sherwood Archers hosts several large events throughout the year and that it is common for us to have vehicles parked alongside the road in both directions during these events. This in incorrect. I have been a member of Sherwood Archers since 1981 when I returned to Roanoke from college. For a good portion of my tenure there I have been an officer in various positions. While, it is true that we do host large archery events; the Virginia State Indoor Tournament, The Va. State Closed tournament, the Sherwood Traditional Archers Rendezvous, and others, our attendees do not park along the road. We have a very large parking lot, that was enlarged a decade or more ago when we removed a number of large trees. We have a large driveway accessing this lot that could be used for over flow parking if needed, but our lot is large enough to accommodate the vehicles, as well as campers, which attend our events. Timberview road is narrow and is barely able to support the vehicle traffic as it is. I am sure if we had vehicles lining the sides of the road as reported, especially since our entrance is at a narrowed portion adjacent to a bridge, Roanoke County police officers would have been dispatched to rectify the situation. The only exception to this would be on the occasions that we have work parties scheduled to do maintenance on portions of the range near the road. Even then we ensure that the vehicles are well off the road to prevent an accident and usually there are only one or two vehicles present. Depending on the event, we may have vehicles parked parallel to the road, inside of our gate by the fence. But these vehicles are not parked along the road way. They are inside of our fence. With the recent increase of traffic on Timberview due to the bicycle community traveling back and forth transporting their bikes to the parking area at the end of the road, as well as the increase in bicycle traffic itself, one has to be vigilant in order to drive on the roadway. Sherwood Archers certainly wouldn’t want to exacerbate the situation by promoting, advocating or allowing parking alongside the road as it bisects out property. Thank you, Randy Brookshier VP of Sherwood Archers (540) 384-7376 ROANOKE COUNTY OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800 Roanoke, Virginia 24018-0798 Peter S. Lubeck Mary Beth Nash TEL: (540) 772-2071 COUNTY ATTORNEY Rachel W. Lower FAX: (540) 772-2089 Marta J. Anderson SENIOR ASSISTANT COUNTY ATTORNEYS SAMPLE MOTIONS The petition of Zye Reinhardt and Gaven Reinhardt to obtain a special use permit in an AR (Agricultural/Residential) District for a special events facility on approximately 31.32 acres, located at 2875 Timberview Road, Catawba Magisterial District. MOTION TO APPROVE I find that the proposed special use permit: 1. Meets the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special use conforms with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance; 2. Is in conformance with the Roanoke County Comprehensive Plan; and 3. Will have a minimum adverse impact on the surrounding neighborhood and community. I therefore MOVE THAT WE APPROVE the petition to obtain a special use permit with the following conditions: 1. The site shall be developed in general conformance with the concept plan submitted with the application dated January 22, 2021, subject to any changes required during the site plan review process. 2. The number of individuals at each event shall be limited to 250. MOTION TO DENY I find that the proposed special use permit request: 1. Is plan or good zoning practice, and/or 2. Will result in substantial detriment to the community. I therefore MOVE THAT WE DENY the request. MOTION TO DELAY ACTION I find that the required information for the submitted proposal is incomplete. I therefore MOVE TO DELAY action until additional necessary materials are submitted to the Board of Supervisors. 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 ORDINANCE GRANTING A SPECIAL USE PERMITIN AN AR (AGRICULTURAL/RESIDENTIAL) DISTRICT FOR A SPECIALEVENTS FACILITY ON APROXIMATELY 31.32 ACRES, LOCATED AT 2875 TIMBERVIEW ROAD, CATAWBA MAGISTERIAL DISTRICT (TAX MAP NO. 026.03-01-18.00-0000) WHEREAS, Zye Reinhardt and Gaven Reinhardt have filed a petition for a special use permit in an AR (Agricultural/Residential) District for a special events facility on approximately 31.32 acres, located at 2875 Timberview Road, in the Catawba Magisterial District; 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 23, 2021; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 2, 2021; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition withcertainconditions; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board finds thatthe proposed special use meets the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special use conforms with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance. Page 1 of 2 2.The Board further finds thatthe proposed special use is in conformance with the Roanoke County Comprehensive Plan, andwill have a minimum adverse impact on the surrounding neighborhood and community. 3.The special use permit is hereby APPROVEDwith the following conditions: a.The site shall be developed in general conformance with the concept plan submitted with the application dated January 22, 2021, subject to any changes required during the site plan review process. b.The number of individuals at each event shall be limited to 250. 4. This ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The provisions of this special use permit are not severable.Invalidationof any word, phrase, clause, sentence or paragraph shall invalidate the remainder. Page 2 of 2