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
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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)
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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
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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
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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
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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.
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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.
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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
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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.
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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. ________________________
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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. ________________________
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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
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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. ________________________
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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
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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.
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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).
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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
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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
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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
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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
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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
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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
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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
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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. Lofgren
Copy: Issac Henry
Ms. Martha Hooker
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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.
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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.
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