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HomeMy WebLinkAbout10/25/2022 - Regular Roanoke County Board of Supervisors October 25, 2022 INVOCATION:Pastor Josh Kestner Christian Life International Church – Salem, Virginia PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: “Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board.” Page 1of 5 Roanoke County Board of Supervisors Agenda October 25, 2022 Good afternoon and welcome to our meeting for October 25, 2022. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Sunday from 10:00 a.m. until 5 p.m. Board of Supervisors meetings can also be viewed online through Roanoke County’s website at www.RoanokeCountyVA.gov. Our meetings are closed-captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring October 22-31, 2022, as Red Ribbon Week in the County of Roanoke(Adam T. Neal, Director, Roanoke Area Youth Substance Abuse Coalition) 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Rose Marie Guzi, Library Assistant, upon her retirement after thirty-two (32) years of service (Jim Blanton, Director of Library Services) Page 2of 5 D.BRIEFINGS 1. Briefing to introduce Megan Baker, Economic Development Director, to the Board of Supervisors (Doug Blount, Assistant County Administrator) E. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCE-CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission: 1. The petition of Neil Aneja to obtain a special use permit to operate a short-term rental on approximately 0.30 acre on land zoned R-1, Low Density Residential, located at 2776 White Pelican Lane, Cave Spring Magisterial District 2. The petition of Barnett Properties, LLC, to rezone approximately 9.38 acres from R-3C, Medium Density Multi-Family Residential District with conditions, R-1, Low Density Residential District, I-1C, Low Intensity Industrial District with conditions, C-2C, High Intensity Commercial District with conditions, and C-1, Low Intensity Commercial District, to C-2, High Intensity Commercial District, for retail sales located in the 4400 block of Brambleton Avenue including 4449 and 4457 Brambleton Avenue, and the 4500 and 4600 blocks of Old Cave Spring Road, Windsor Hills Magisterial District 3. The petition of First Four Petroleum Group, LLC to obtain a special use permit for equipment sales and rental (storage container yard) on approximately 14.82 acres on land zoned C-2S, High Intensity Commercial, located at 4855 Hollins Road, Hollins Magisterial District F. PUBLIC HEARING 1. Public Hearing to receive comments on the proposals submitted for the construction of a fire station at 1465 Mexico Way, NE in the City of Roanoke (Tax Id: 7110128) (Peter S. Lubeck, County Attorney) G. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance Amending Chapter 2 (Administration), Article V (County Board Organization and Procedures), Section 2-113 (Order of business), deleting the separate consent agenda for requests for public hearings and first reading of rezoning ordinances (Peter S. Lubeck, County Attorney) Page 3of 5 2.The petition of the Gallery at South Peak, LLC, to rezone approximately 10.83 acres from C-2C (High Intensity Commercial District with conditions) and R-4C (High Density Multi-Family Residential District with conditions) to R-4C (High Density Multi-Family Residential with amended conditions), to construct 260 apartments located in the 5000 block of The Peaks Drive, Cave Spring Magisterial District (Philip Thompson, Director of Planning) H. APPOINTMENTS 1. Roanoke County Board of Zoning Appeals (BZA) (appointed by District) 2. Roanoke County Economic Development Authority (EDA) (appointed by District) 3. Roanoke County Library Board (appointed by District) 4. Roanoke County Parks, Recreation and Tourism Advisory Commission (appointed by District) I. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDAARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ACTED BY ONE MOTION 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 –June 28, 2022 2. Ordinance accepting and appropriating funds in the amount of $241,531 from the Federal Emergency Management Agency (FEMA) Flood Mitigation Assistance Program, and authorizing the use of such funds to acquire property located at 915 Clearwater Avenue, Roanoke, Virginia 24019 (TAX PARCEL NO. 027.13- 06-39.00-0000), Hollins Magisterial District (Second reading of Ordinance) 3. Ordinance approving a site and ground lease with Seiontec Systems, LLC for placement of broadband equipment on Crowells Gap Mountain (Second Reading of Ordinance) 4. Request to accept and allocate funds in the amount of $24,787 from the Edward Byrne Memorial Justice Grant to the Roanoke County Sheriff's Office 5. Designation of voting delegate to the Virginia Association of Counties (VACo) Conference to be held November 13-15, 2022 6. Request to accept and allocate grant funds in the amount of $9,600 from the U.S. Department of Justice’s Bulletproof Vest Partnership to the Roanoke County Sheriff’s Office 7. Confirmation of appointment to the Social Services Advisory Board Page 4of 5 J.CITIZENS' COMMENTS AND COMMUNICATIONS K. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of September 30, 2022 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of September 30, 2022 5. Accounts Paid – September 30, 2022 6. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of September 30, 2022 7. Proclamation signed by the Chairman – October 19, 2022 as Support your Local Chamber of Commerce Day L. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Martha B. Hooker 2. Phil C. North 3. David F. Radford 4. P. Jason Peters 5. Paul M. Mahoney M. WORK SESSIONS 1. Joint work session with the Roanoke County Board of Supervisors, Roanoke County Public School Board and the County of Roanoke Career and Technical Education (CTE) Advisory Committee (Paul M. Mahoney, Chairman of the Roanoke County Board of Supervisors) N. ADJOURNMENT Page 5of 5 ACTION NO. ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2022 AGENDA ITEM: Proclamation declaring October 22-31, 2022, as Red Ribbon Week in the County of Roanoke SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Proclaiming October 23-31, 2022, as Red Ribbon Week in the County of Roanoke BACKGROUND: Citizens of the Roanoke Valley will be asked to take a stand against drug use and risky behaviors through the observance of Red Ribbon Week. Adam Neal, Director, Roanoke Area Youth Substance Abuse Coalition will be in attendance to accept the proclamation. Page 1 of 1 ACTION NO. ITEM NO. C.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2022 AGENDA ITEM: Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Rose Marie Guzi, Library Assistant, upon her retirement after thirty-two (32) years of service SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Recognition of Rose Marie Guzi BACKGROUND: Rose Marie Guzi, Library Assistant, retired on September 30, 2022, after thirty-two (32) years of service with the Department of Library Services. Ms. Guzi is expected to attend STAFF RECOMMENDATION: Staff recommends approval of the attached resolution. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25, 2022 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO ROSE MARIE GUZI, LIBRARY ASSISTANT, UPON HER RETIREMENT AFTER THIRTY-TWO (32) YEARS OF SERVICE WHEREAS, Rose Marie Guzi was employed by Roanoke County on September 17, 1990; and WHEREAS, Ms. Guzi retired on September 30, 2022, after thirty-two (32) years of devoted, faithful and expert service to Roanoke County; and WHEREAS, Ms. Guzi, through her employment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County; and WHEREAS, throughout Ms. tenure with Roanoke County, she saw many technology changes at the library from using a paper card catalog to going digital early in her career. She helped the library prepare to go fully automated by assisting in barcoding items throughout the system. Over the years, she learned and adapted to many new library services, including learning about Pepper, the humanoid robot, and other technology offerings. Ms. Guzi participated in patron outreach to retirement communities and brought Bi-Folkal kits and memory cards to engage patrons in these communities. Ms. Guzi shared book reviews, provided large-print materials, and chatted with the residents during her visits. Ms. Guzi also brought her passion for the theatre to the library by performing countless roles in Mystery Nights. Ms. Guzi worked the service desk at the original 419 Libary, South County Library, and later at the Vinton Library. When Ms. Guzi transferred to the Vinton Library in 2019 some of her patrons from South County followed her and Page 1 of 2 became loyal patrons to the Vinton Library. Ms. Guzi impacted the community with her smiling face, customer service skills, and by assisting everyone that came through the doors. 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 ROSE MARIE GUZI for thirty-two (32) 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. Page 2 of 2 ACTION NO. ITEM NO. D.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2022 AGENDA ITEM: Briefing to introduce Megan Baker, Economic Development Director, to the Board of Supervisors SUBMITTED BY: Doug Blount Assistant County Administrator APPROVED BY: Richard L. Caywood County Administrator ISSUE: Introduction of Megan Baker, Economic Development Director to the Board of Supervisors BACKGROUND: This time has been set aside for the introduction of Megan Baker to the Board of Supervisors Page 1 of 1 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: October 25, 2022 AGENDA ITEM: The petition of Neil Aneja to obtain a special use permit to operate a short-term rental on approximately 0.30 acre on land zoned R-1, Low Density Residential, located at 2776 White Pelican Lane, Cave Spring Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Consent agenda item for first reading of an ordinance. BACKGROUND: The first reading of this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for November 9, 2022. The title of this ordinance is as follows: 1. The petition of Neil Aneja to obtain a special use permit to operate a short-term rental on approximately 0.30 acre on land zoned R-1, Low Density Residential, located at 2726 White Pelican Lane, Cave Spring Magisterial District. DISCUSSION: There is no discussion on this item. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for November 9, 2022. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 1, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Page 2 of 2 ACTION NO. ITEM NO. E.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2022 AGENDA ITEM: The petition of Barnett Properties, LLC, to rezone approximately 9.38 acres from R-3C, Medium Density Multi- Family Residential District with conditions, R-1, Low Density Residential District, I-1C, Low Intensity Industrial District with conditions, C-2C, High Intensity Commercial District with conditions, and C-1, Low Intensity Commercial District, to C- 2, High Intensity Commercial District, for retail sales located in the 4400 block of Brambleton Avenue including 4449 and 4457 Brambleton Avenue, and the 4500 and 4600 blocks of Old Cave Spring Road, Windsor Hils Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Consent agenda item for first reading of an ordinance. BACKGROUND: The first reading of this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for November 9, 2022. The title of this ordinance is as follows: 1. The petition of Barnett Properties, LLC, to rezone approximately 9.38 acres from R- 3C, Medium Density Multi-Family Residential District with conditions; R-1, Low Density Residential District; I-1C, Low Intensity Industrial District with conditions; C2-C, High Page 1 of 2 Intensity Commercial District with conditions; and C-1, Low Intensity Commercial District; to C-2, High Intensity Commercial District, for retail sales located in the 4400 block of Brambleton Avenue including 4449 and 4457 Brambleton Avenue, and the 4500 and 4600 blocks of Old Cave Spring Road, Windsor Hills Magisterial District. DISCUSSION: There is no discussion on this item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for November 9, 2022. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 3, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Page 2 of 2 ACTION NO. ITEM NO. E.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2022 AGENDA ITEM: The petition of First Four Petroleum Group, LLC to obtain a special use permit for equipment sales and rental (storage container yard) on approximately 14.82 acres on land zoned C-2S, High Intensity Commercial, located at 4855 Hollins Road, Hollins Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Consent agenda item for first reading of an ordinance. BACKGROUND: The first reading of this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for November 9, 2022. The title of this ordinance is as follows: 1. The petition of First Four Petroleum Group, LLC to obtain a special use permit for equipment sales and rental (storage container yard) on approximately 14.82 acres on land zoned C-2S, High Intensity Commercial, located at 4855 Hollins Road, Hollins Magisterial District. Page 1 of 2 DISCUSSION: There is no discussion on this item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for November 9, 2022. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 2, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Page 2 of 2 ACTION NO. ITEM NO. F.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2022 AGENDA ITEM: Public Hearing to receive comments on the proposals submitted for the construction of a fire station at 1465 Mexico Way, NE in the City of Roanoke (Tax Id: 7110128) SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: This time has been set aside to hold a public hearing to receive comments on the proposals submitted for the construction of a fire station at 1465 Mexico Way, NE. Copies of the submitted proposals are available for inspection in the Purchasing Division of the Finance & Management Services Department, 5204 Bernard Drive, Roanoke, VA and online at <https://www.roanokecountyva.gov/Bids.aspx?BidID=1160>. Page 1 of 1 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: October 25, 2022 AGENDA ITEM: Ordinance Amending Chapter 2 (Administration), Article V (County Board Organization and Procedures), Section 2-113 (Order of business), deleting the separate consent agenda for requests for public hearings and first reading of rezoning ordinances SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: Amend County Code Section 2-113, Order of business, to allow rezoning consent agenda matters to be included on agendas with other consent agenda matters BACKGROUND: Section 2-113 of the Roanoke County Code sets forth the "order of business" for Board of Supervisor meetings, by setting forth the sequence of business matters. Section 2- 113 designates two separate "consent agendas" -- one for requests for rezoning matters and one for all other matters. DISCUSSION: It has been proposed that, for the sake of efficiency, that the separate consent agenda for rezoning matters be deleted from the order of business; accordingly, all consent agenda matters (including rezoning matters) may be addressed together. There have been no changes since the first reading of the ordinance held on October 11, 2022. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact associated with this action. STAFF RECOMMENDATION: Staff recommends approving the attached 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, OCTOBER 25, 2022 ORDINANCE AMENDING CHAPTER 2 (ADMINISTRATION), ARTICLE V (COUNTY BOARD ORGANIZATION AND PROCEDURES), SECTION 2-113 (ORDER OF BUSINESS), DETETING THE SEPARTE CONSENT AGENDA FOR REQEUSTS FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES WHEREAS, Section 2- r meetings, by setting forth the sequence of business matters; and WHEREAS, Section 2- requests for rezoning matters and one for all other matters; and WHEREAS, it has been proposed, for the sake of efficiency, that the separate consent agenda for rezoning matters be deleted from the order of business; accordingly, all consent agenda matters (including rezoning matters) may be addressed together; and WHEREAS, the first reading of this matter was held on October 11, 2022, and the second reading and public hearing were held on October 25, 2022. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows, 1. That Chapter 2 (Administration), Article V (County Board Organization and Procedures), Section 2-113 (Order of business), is hereby amended to delete ordinance- unchanged. Page 1 of 2 2. That this amendment shall be effective immediately. 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: October 25, 2022 AGENDA ITEM: The petition of the Gallery at South Peak, LLC, to rezone approximately 10.83 acres from C-2C (High Intensity Commercial District with conditions) and R-4C (High Density Multi-Family Residential District with conditions) to R-4C (High Density Multi-Family Residential with amended conditions), to construct 260 apartments located in the 5000 block of The Peaks Drive, Cave Spring Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Agenda item for public hearing and second reading of ordinance to rezone property from high intensity commercial district and high density residential district to high density residential district. BACKGROUND: · The existing site is currently comprised of four (4) parcels. The intent is to create a 10.83-acre parcel out of the existing four (4) parcels. The 10.83-acre parcel is split zoned between C-2C (High Intensity Commercial District with conditions) and R-4C (High Density Multi-Family Residential District with conditions). The proffered conditions on this site are from previous rezonings from 2004 and 2012. · The 2004 action rezoned a total of 29.98 acres from C-2C, R-3 and C-1 to C-2C. The proffers limited C-2 uses, regulated site development such as slope design, construction of the private roads, and building requirements such as height, overall size, materials, colors and facades, access from public roads, utilities, retaining walls, landscaping, site lighting, signage, parking and stormwater Page 1 of 3 management. · The 2012 action rezoned approximately 11.411 acres from R-3 and C-2C to R- 4C for 176 multi-family residential units, identified as Area A, and to rezone 11.940 from R-3 to R-3C to construct 23 single-family residential units, identified as Area B. The R-3C portion, or Area B, of this action does not pertain to the current petition. The proffers associated with Area A regulate building height, building façade and finishes, freestanding lights poles, sidewalks and conformance with a 2012 concept plan. DISCUSSION: The Planning Commission held a public hearing on this application on October 4, 2022. Five (5) citizens spoke during the public hearing. Their concerns were: size of the building/development; community cohesion; large retaining walls along South Peak Boulevard; stormwater drainage; dumpster locations; views from existing condominiums; increase in traffic; increased delay at both traffic signals (Route 419 and Route 220); width and sharp curves on The Peaks Drive; no sidewalks along The Peaks Drive that may pose safety concerns for pedestrians; and no access off of South Peak Boulevard. The Planning Commission discussed: future land use designations of Core and Transition as well as the 419 Town Center Plan recommendation of multi-family residential; changes to the concept plan; building entrances and parking; construction time frame; entrances on The Peaks Drive and sight distance; dumpster locations; stormwater; retaining walls; sidewalks; and the landscaped buffer. The Planning Commission recommends approval of the rezoning request from C-2C (High Intensity Commercial District with conditions) and R-4C (High Density Multi- Family Residential with conditions) to R-4C (High Density Multi-Family Residential with amended conditions), with the two following proffered conditions: 1. The Property shall be developed in general conformity with the concept development plan prepared by Lumsden Associates, P.C., dated August 10, 2022, and revised September 29, 2022, consisting of Sheets 1 through 2, and attached hereto as Exhibit B (Concept Plan - The Gallery at South Peak), subject to such minor modifications as may be necessitated by final engineering considerations and such changes as may be required by Roanoke County during comprehensive site plan review. 2. The facades and finishes of the building on the Property shall be of similar design and materials as detailed on the rendering prepared by Winks Snowa Architects, P.C. and dated August 12, 2022, consisting of Sheets 1 through 4, and attached hereto as Page 2 of 3 Exhibit C. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the second reading of an ordinance to rezone approximately 10.83 acres from C-2C (High Intensity Commercial District with conditions) and R-4C (High Density Multi-Family Residential with conditions) to R-4C (High Density Multi-Family Residential with amended conditions), with two proffered conditions: 1. The Property shall be developed in general conformity with the concept development plan prepared by Lumsden Associates, P.C., dated August 10, 2022, and revised September 29, 2022, consisting of Sheets 1 through 2, and attached hereto as Exhibit B (Concept Plan - The Gallery at South Peak), subject to such minor modifications as may be necessitated by final engineering considerations and such changes as may be required by Roanoke County during comprehensive site plan review. 2. The facades and finishes of the building on the Property shall be of similar design and materials as detailed on the rendering prepared by Winks Snowa Architects, P.C. and dated August 12, 2022, consisting of Sheets 1 through 4, and attached hereto as Exhibit C. Page 3 of 3 MBOETDBQF!CVGGFS TUBGG!SFQPSU Qfujujpofs;Uif!Hbmmfsz!bu!Tpvui!Qfbl-!MMD Sfrvftu;!!!!!Sf{pof!bqqspyjnbufmz!21/94!bdsft!gspn!D.3D-!Ijhi!Joufotjuz!Dpnnfsdjbm!Ejtusjdu! xjui!dpoejujpot-!boe!S.5D-!Ijhi!Efotjuz!Nvmuj.Gbnjmz!Sftjefoujbm!Ejtusjdu!xjui! dpoejujpot-!up!S.5D-!Ijhi!Efotjuz!Nvmuj.Gbnjmz!Sftjefoujbm!xjui!bnfoefe! dpoejujpot-!up!dpotusvdu!371!bqbsunfout! Mpdbujpo;6111!cmpdl!pg!Uif!Qfblt!Esjwf Uby!Qbsdfmt;Uby!NbqOvncfst!.188/31.12.15/111.1111-!188/31.12.65/11.1111-!188/31.12.59/12. 1111)qpsujpo*-!188/31.12.63/11.1111)qpsujpo* Nbhjtufsjbm!Ejtusjdu;Dbwf!Tqsjoh Qspqptfe!Qspggfsfe2/Uif!Qspqfsuz!tibmm!cf!efwfmpqfe!jo!hfofsbm!dpogpsnjuz!xjui!uif!dpodfqu Dpoejujpot;efwfmpqnfou!qmbo!qsfqbsfe!cz!Mvntefo!Bttpdjbuft-!Q/D/-!ebufe!Bvhvtu!21-! 3133-!dpotjtujoh!pg!Tiffut!2!uispvhi!3-!boe!buubdife!ifsfup!bt!Fyijcju!C! )Dpodfqu!Qmbo!.Uif!Hbmmfsz!bu!Tpvui!Qfbl*-!tvckfdu!up!tvdi!njops! npejgjdbujpot!bt!nbz!cf!ofdfttjubufe!cz!gjobm!fohjoffsjoh!dpotjefsbujpot! boe!tvdi!dibohft!bt!nbz!cf!sfrvjsfe!cz!Spboplf!Dpvouz!evsjoh! dpnqsfifotjwf!tjuf!qmbo!sfwjfx/! 3/Uif!gbdbeft!boe!gjojtift!pg!uif!cvjmejoh!po!uif!Qspqfsuz!tibmm!cf!pg!tjnjmbs! eftjho!boe!nbufsjbmt!bt!efubjmfe!po!uif!sfoefsjoh!qsfqbsfe!cz!Xjolt!Topxb! Bsdijufdut-!Q/D/!boe!ebufe!Bvhvtu!23-!3133-!dpotjtujoh!pg!Tiffut!2!uispvhi! 5-!boe!buubdife!ifsfup!bt!Fyijcju!D/ FYFDVUJWF!TVNNBSZ; The Gallery at South Peak, LLC is petitioning to rezone approximately 10.83 acres from C-2C, High Intensity Commercial District with conditions, and R-4C, High Density Multi-Family Residential District with conditions, to R- 4C, High Density Multi-Family Residential with amended conditions, to construct 260 apartments located in the 5000 block of The Peaks Drive, Cave Spring Magisterial District. The proposed area for this application currently consists of four (4) separate parcels zoned both C-2C, High Intensity Commercial District with conditions, and R-4C, High Density Multi-Family Residential District with conditionsfrom two previous rezonings (2004 and 2012). This petition proposes creating a 10.83-acre parcel from the existing four (4) parcels and changing the zoning toR-4C with amended proffered conditions in order to construct 260 apartments. The 2005 Roanoke County Comprehensive Planindicates theFuture Land Use Designationsofthis parcelas Transition and Core. The majority of the petitionsite is designated Core. Coreis afuture land use area where high intensity urban development is encouraged. Land uses within core areas may parallel the central business districts of Roanoke, Salem and Vinton. Core areas may also be appropriate for larger-scale highway-oriented retail uses and regionally based shopping facilities. Due to limited availability, areas designated as Core are not appropriate for tax-exempt facilities.Multi-family housing is not listed as an appropriate use in the Core future land use designation. Therefore, the proposed rezoning is inconsistent with the Core future land use designation. A smaller portion of the petition site is designated Transition. Transition is a future land use area that encourages 1 the orderly development of highway frontage parcels. Transition areas generally serve as developed buffers between highways and nearby oradjacent 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.Multifamily residential at a density of 12 to 24 units per acre is an appropriate use in the Transition future land use designation. The proposed rezoning is consistent with the Transition future land use designation. In July 2019, the Board of Supervisors adopted the 419 Town Center Planas a component of the Comprehensive Plan. The 419 Town Center Plan identified this area as Multifamily in the Urban Design Framework and identified this area (The Ridges) for additional residential development including multifamily development. On September 28, 2022, the Board of Supervisors amended the 419 Town Center Plan by incorporating the 419 Town Center Design Guidelines into the Plan. This proposed project falls into the Residential character district, which consists of future multifamily and/or single-family development. The proposed rezoning is consistent with the 419 Town Center Plan. 2/!!!!!!!!!!BQQMJDBCMF!SFHVMBUJPOT The Roanoke County Zoning Ordinance defines multi-family dwelling as “abuilding or portion thereof which contains three (3) or more dwelling units for permanent occupancy, regardless of the method of ownership. Included in the use type would be garden apartments, low and high rise apartments, apartments for elderly housing and condominiums.” Multi-family dwelling is not a permitted use in the C-2, High Intensity Commercial District, but is a permitted use in the R-4, High Density Multi-Family Residential District, subject to use and design standardsset forth in Sec. 30-82-11(attached). If the rezoning is approved, construction of the proposed multi-family dwellings will require comprehensive building and site plan reviews. 3/!!!!!!!!!!BOBMZTJT!PG!FYJTUJOH!DPOEJUJPOT Background–The existing site is currently comprised of four (4) parcels. The intent is to create a 10.83-acre parcel out of the existing four (4) parcels.The two vacant northern properties (Tax Map Numbers 077.20-01- 04.00-0000 and 077.20-01-54.00-0000) were rezoned in 2004 as part of the Slate Hill and Woodcliff Investments rezoning, and are currently zoned C2-C. The 2004 action rezoned a total of 29.98 acres from C-2C, R-3 and C-1 toC-2C. The proffers limited C-2 uses, regulated site development such as slope design, construction of the private roads, and building requirements such as: height, overall size, materials, colors and facades, access from public roads, utilities, retainingwalls, landscaping, site lighting, signage, parking and stormwater management. The third parcel (Tax Map Number 077.20-01-52.00-0000) containing 5555, 5301, and 4880 The Peaks Drive was part of the2004 rezoning process, and a portion of the property was rezoned again in 2012as part of the petition made by South Peak Residences LLC, et al.The 2012 action rezoned approximately 11.411 acres from R-3 and C-2C to R-4Cfor 176 multi-family residential units, identified as Area A, and to rezone11.940 from R-3 to R-3C to construct 23 single-family residentialunits, identified as Area B. The R- 3C portion, or Area B, of this action does not pertain to the current petition. The proffers associated with Area A regulate building height, building façade and finishes, freestanding lights poles, sidewalks and conformance with a 2012 concept plan. The fourth and final parcel (Tax Map Number 077.20-01-48.01-0000) containing 5300 and 5200 The Peaks Drive was rezoned in 2012as part of this same petition made by South Peak Residences, LLC, et al. 2 The most recent concept plans (2012) proffered show the site as containing one thirty-two unit condominium, one forty-four unit condominium, and four office buildings. The concept plan prepared by Mattern & Craig dated June 14, 2012,is attached with this report. Topography/Vegetation–The subject site consists of mostly cleared open area with maintained landscaping. The two northern parcels experience significant elevation drops and are separated from the private road, South Peak Blvd, by a large retaining wall with established landscaping. The parcels contain large elevation drops with a difference of approximately two-hundred and forty feet between the lowest elevation at the southern entrance off of Valley Ave and the highest elevation just south of the existing condominiums. Surrounding Neighborhood–Theparcel is located between Route 419, Electric Road, and Route 220, Franklin Road SW. At the south-eastern entrance off of Route 220 and Valley Avenue, the property adjoins Rent-A-Space mini-warehouse and Lowes Home Improvement. Both of these properties are zoned C-2C, High Intensity Commercial District with conditions. To the south and south-west, the adjoining properties are zoned R-3C, Medium Density Multi-Family Residential with Conditions. The majority of these parcels are vacant, save for approximately three single-family residences and one church. To the west and northwest are Holiday Elm Park Estates retirement community and Copper Croft Apartments. The subjectsite also immediately adjoins The Peaks condominiums. To the north, the Hilton Garden Inn hotel and Texas Roadhouse restaurant are located off of South Peak Boulevard. 4/ BOBMZTJT!PG!QSPQPTFE!EFWFMPQNFOU Site Layout/Architecture–The concept plan shows a10.83-acre tract that is proposed to be zoned R-4C, High Density Multi-Family Residential District with amended conditionsin order to construct a four-story apartment building.This apartment building is to contain approximately 91one-bedroom units, 137two- bedroom units, and 32three bedroom units for a total of 260units.The building will also include underground parking. Proposed amenities include a dog park, pool, fire pit, and playground. Retaining walls along South Peak Boulevard are also shown on the concept plan. The applicant will be required to submit a detailed landscapingplan, parking plan,stormwater management plan, and a site lighting plan with photometric data as part of the site plan and building plan review processes. Access/Traffic Circulation–The subject site is located off two private roads-South Peak Blvd and The Peaks Dr. These private roads have egress onto both Route 419, Electric Road, and Route 220, Franklin Road. The concept plan shows the multi-family dwelling building havingthree entrances off The Peaks Drive. Bhfodjft!Dpnnfout: The following agencies provided comments on this application: Office of Building Safety–All construction will need to meet the requirements of the Virginia Uniform Statewide Building Code in effect at the time. Chief of Police, Roanoke County-While I do not object to the project, I must point out that high density development will inevitably create additional need for public safety services.This project, by itself, is not likely to generate substantial workload. When it's combined with the other planned projectsaround the County, there willbe a need to increase public safety resources.A Police Department workload assessment using data from 2019 identified the need to add approximately 6 officers to the patrol force. Current andplanned development will likely increase that need. 3 Unfortunately, the available applicant pool for police officers does not provide enough qualified persons to staff our current authorized strength.This is an issue that should be considered as development projects progress. Economic Development-Economic Development supports the rezoning request by the Gallery at South Peak for the purpose of developing a new 260 unit multi-familyresidential development called the Gallery at South Peak. The proposed project is consistent with the County's economic development goals ofdeveloping high-quality, in-demand housing options to support population growth and the workforce needs of area employers. The project will alsosupport the growing commercial base in the 419 corridor and help satisfy the CDA commitments of South Peak. The project is desirable at this location due to convenient access to US Route 220 and the 419 corridor, proximity to the Fralin Biomedical ResearchInstitute, Carilion Clinic and the VT Carilion School of medicine. As noted in the 419 Plan residential market analysis, the area housing demand isstrong and could absorb up to 1,000 new units per year over the next 5 years. This is an attractive projectin an excellent location of the County thatwill enhance the County's tax base, residential and economic diversity. Roanoke County Transportation- 1. Sidewalk should be constructed around The Peaks Drive cul-de-sac and along The Peaks Drive frontage of this parcel to facilitate future connections to: a.Future “Network of Trails” to begin at the intersection of The Peaks Drive and South Peak Estates Drive, as shown in the 419 Town Center Plan (see pages 2 and 3 for excerpts); and b.Existing sidewalk along South Peak Estates Drive. 2. The sidewalk referenced above should also connect to sidewalks proposed along the parking lots and recreation areas for a continuous pedestrian accommodation throughout the apartment complex. Fire and Rescue–Fire and Rescue does not object to the project, however, it could increase the services we provide due to additional emergency medical calls and fireresponses. Fire flow and access requirements will be addressed during the site plan review process. General Services–General Services does not see any issues and does not have comments. Stormwater–No concerns or comments. VDOT–We have reviewed the above-mentioned rezoning request. The Department has no comments on thisrequest. VDOT does not maintain South Peak Boulevard or South Peak Drive, and it appears fromtheinformation provided that use of this property for a multi-family residential development will notadversely impact the VDOT right of way. Roanoke County maintains the roadways in this area andshould be consulted for improvements required due to the impacts associated with any development ofthis property. 5/DPOGPSNBODF!XJUI!SPBOPLF!DPVOUZ!DPNNVOJUZ!QMBO The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designations of this parcel as Transition and Core. The majority of the petition site is designated Core. Core is a future land use area 4 where high intensity urban development is encouraged. Land uses within core areas may parallel the central business districts of Roanoke, Salem and Vinton. Core areas may also be appropriate for larger- scale highway-oriented retail uses and regionally based shopping facilities. Due to limited availability, areas designated as Core are not appropriate for tax-exempt facilities. Multi-family housing is not listed as an appropriate use in the Core future land use designation. Therefore, the proposed rezoning is inconsistent with the Core future land use designation. A smaller portion of the petition site is designated transition. Transition is a future land use area that encourages the orderly development of highway frontage parcels. Transition areas generally serve as developed buffers between highwaysand 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. Multifamily residential at a density of 12 to 24 units per acre is an appropriate use in the Transition future land use designation. The proposed rezoning is consistent with the Transition future land use designation. In July 2019, the Board of Supervisors adopted the 419 Town Center Planas a component of the Comprehensive Plan. The 419 Town Center Plan identified this area as Multifamily in the Urban Design Framework and identified this area (The Ridges) for additional residential development including multifamily development. On September 28, 2022, the Board of Supervisors amended the 419 Town Center Plan by incorporating the 419 Town Center Design Guidelines into the Plan. This proposed project falls into the Residential character district, which consists of future multifamily and/or single-family development. The proposed rezoning is consistent with the 419 Town Center Plan. 6/TUBGG!DPODMVTJPOT The Gallery at South Peak, LLC is petitioning to rezone approximately 10.83 acres from C-2C, High Intensity Commercial District with conditions, and R-4C, High Density Multi-Family Residential District with conditions, to R-4C, High Density Multi-Family Residential with amended conditions, to construct 260 apartments located in the 5000 block of The Peaks Drive, Cave Spring Magisterial District. While the project is not consistent with the Core future land use is designation, it is consistent with the Transition future land use designation, the 419 Town Center Plan, and the 419 Town Center Design Guidelines. The applicant has proposed two (2) proffered conditions with the proposed rezoning: general conformance with the development plan and specific building facades and finishes. DBTF!OVNCFS;!$9.2103133 QSFQBSFE!CZ;Bmzttb!Evocbs! IFBSJOH!EBUFT;!QD;!Pdupcfs!5-!3133CPT;!Pdupcfs36-!3133 BUUBDINFOUT;Bqqmjdbujpo!Nbufsjbmt Nbqt!)Bfsjbm-!\[pojoh-!Gvuvsf!Mboe!Vtf* Qipuphsbqit S.5Ejtusjdu!Sfhvmbujpot D.3!Ejtusjdu!Sfhvmbujpot Tfd/!41.93.22-!Nvmuj.gbnjmz!Exfmmjoh!Vtf!boe!Eftjho!Tuboebset Dpsf!Gvuvsf!Mboe!Vtf!Eftjhobujpo UsbotjujpoGvuvsf!Mboe!Vtf!Eftjhobujpo !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Qpsujpot!pg!52:!Upxo!Dfoufs!Qmbo'!52:!Upxo!Dfoufs!Eftjho!Hvjefmjoft! Psejobodf!$;!173315.22;!3115!Bdujpo !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Psejobodf!$;!183523.9;!3123!Bdujpo Nbuufso!'!Dsbjh!Dpodfqu!Qmbo!)702503123* 5 SEC. 30-46. R-4 HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT. Sec. 30-46-1. Purpose. (A) The purpose of the R-4, high density multi-family residential district is to provide areas in the county within the urban service area where existing high density residential development (twelve (12) to twenty-four (24) units per acre) has been established and land areas which generally appear to be appropriate for such development. These areas should serve as a buffer between less intensive and more intensive districts. This district coincides with the recommendations for the transition and core land use categories contained in the comprehensive plan where residential development appears to be appropriate. These areas are designated based on direct access to major streets, and where sewer, water, and schools and other public services have suitable capacity to accommodate development at the stated density. An additional consideration is that the parcel sizes allow for well planned residential development. A variety of housing densities and styles is encouraged in order to permit a diversity and flexibility in design and layout. Additional standards are established to provide for amenities in higher density developments. (Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-46-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Manufactured Home * Manufactured Home, Emergency * Multi-family Dwelling * 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) * Townhouse * Two Family Dwelling * 2. Civic Uses Community Recreation * Created: 2022-09-29 13:43:13 \[EST\] (Supp. No. 36) Page 1 of 3 Family Day Care Home * Park and Ride Facility Public Parks and Recreational Areas * Religious Assembly * Utility Services, Minor 3. Commercial Uses Boarding House 4. Miscellaneous Uses Amateur Radio Tower * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Civic Uses Cemetery * Crisis Center Cultural Services Day Care Center * Educational Facilities, Primary/Secondary * Safety Services * Utility Services, Major * 2. Industrial Uses Landfill, Rubble * 3. Miscellaneous Uses Outdoor Gatherings * Wind Energy System, Small* (Ord. No. 62293-12, § 9, 6-22-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042500-9, § II, 4-25-00; 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) Sec. 30-46-3. 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: 0.75 acre (32,670 square feet). b. Frontage: 90 feet on a publicly owned and maintained street. Created: 2022-09-29 13:43:13 \[EST\] (Supp. No. 36) Page 2 of 3 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. Lots served by both public sewer and water: a. Area: 7,200 square feet. b. Frontage: 60 feet on a publicly owned and maintained street. 4. For minimum lot size and permitted densities for multi-family dwellings and townhouses refer to Article IV, Use and Design Standards. (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: 10 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. Principal structures: When adjoining property zoned R-1 or R-2, 45 feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R-1 or R-2 district is increased 2 feet for each foot in height over 45 feet. In all locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: 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: 75 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93) Created: 2022-09-29 13:43:14 \[EST\] (Supp. No. 36) Page 3 of 3 SEC. 30-54. C-2 HIGH INTENSITY COMMERCIAL DISTRICT. (Ord. No. 111213-15 , § 1, 11-12-13) Sec. 30-54-1. Purpose. (A) The purpose of this district is to provide locations for a variety of commercial and service related activities within the urban service area serving a community of several neighborhoods or large areas of the county. This district is intended for general application throughout the county. High intensity commercial districts are most appropriately found along major arterial thoroughfares which serve large segments of the county's population. The C-2 district permits a wide variety of retail and service related uses. Land uses permitted in this district are generally consistent with the recommendations set forth in the transition and core land use categories of the comprehensive plan. Site development regulations are designed to ensure compatibility with adjoining land uses. (Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 111213-15 , § 1, 11-12-13) Sec. 30-54-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. wĻƭźķĻƓƷźğƌ ƭĻƭ Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Multi-Family Dwelling * Two-Family Dwelling * 2. /źǝźĭ ƭĻƭ Administrative Services Clubs Cultural Services Day Care Center * Educational Facilities, College/University Educational Facilities, Primary/Secondary * Family Day Care Home * Guidance Services Park and Ride Facility * Post Office Public Assembly #±¤ ³¤£Ÿ ʆʂʆʆŻʂʍŻʆʍ ʅʇŸʈʇŸʅʈ Ơ%34ơ (Supp. No. 36) Page 1 of 5 Public Parks and Recreational Areas * Safety Services * Utility Services, Minor 3. hŅŅźĭĻ ƭĻƭ Financial Institutions * General Office Medical Office Laboratories 4. /ƚƒƒĻƩĭźğƌ ƭĻƭ Agricultural Services * Antique Shops Automobile Dealership * Automobile Repair Services, Minor * Automobile Rental/Leasing Automobile Parts/Supply, Retail * Bed and Breakfast * Boarding House Business Support Services Business or Trade Schools * Commercial Indoor Amusement Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communications Services Construction Sales and Services * Consumer Repair Services Convenience Store * Fuel Center* Funeral Services Garden Center * Gasoline Station * Hospital Hotel/Motel/Motor Lodge #±¤ ³¤£Ÿ ʆʂʆʆŻʂʍŻʆʍ ʅʇŸʈʇŸʅʈ Ơ%34ơ (Supp. No. 36) Page 2 of 5 Kennel, Commercial * Pawn Shop Personal Improvement Services Personal Services Restaurant, Drive-in or Fast Food * Restaurant, General Retail Sales Short-term Renal * Studio, Fine Arts Veterinary Hospital/Clinic 5. LƓķǒƭƷƩźğƌ ƭĻƭ Recycling Centers and Stations * 6. aźƭĭĻƌƌğƓĻƚǒƭ ƭĻƭ Amateur Radio Tower * Parking Facility * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. /źǝźĭ ƭĻƭ Adult Care Residences Halfway House Life Care Facility Nursing Home Religious Assembly * Utility Services, Major * 2. /ƚƒƒĻƩĭźğƌ ƭĻƭ Adult Business * Automobile Repair Services, Major * Car Wash * Dance Hall Equipment Sales and Rental * Manufactured Home Sales * Mini-warehouse * Outpatient Mental Health and Substance Abuse Center Recreational Vehicle Sales and Service * #±¤ ³¤£Ÿ ʆʂʆʆŻʂʍŻʆʍ ʅʇŸʈʇŸʅʈ Ơ%34ơ (Supp. No. 36) Page 3 of 5 Surplus Sales Truck Stop * 3. LƓķǒƭƷƩźğƌ ƭĻƭ Custom Manufacturing * Industry, Type I Landfill, Rubble * Transportation Terminal 4. aźƭĭĻƌƌğƓĻƚǒƭ ƭĻƭ Broadcasting Tower * Outdoor Gatherings * (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 022796-14, § 1, 2-27-96; 042297-14, § 1, 4-22-97; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 102803-15, § 2, 10-28-03; Ord. No. 102505-7, § 2, 10-25-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052411-9 , § 1, 5-24-11; Ord. No. 111213-15 , § 1, 11-12-13; Ord. No. 062816-4 , § 1, 6-28-16; Ord. No. 020921-8 , § 1, 2-9-21) Sec. 30-54-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) aźƓźƒǒƒ ƌƚƷ ƩĻƨǒźƩĻƒĻƓƷƭ͵ 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) aźƓźƒǒƒ ƭĻƷĬğĭƉ ƩĻƨǒźƩĻƒĻƓƷƭ͵ 1. Front yard: a. Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line. b. Accessory structures: Behind the front building line. 2. Side yard: None. 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) ağǣźƒǒƒ ŷĻźŭŷƷ ƚŅ ƭƷƩǒĭƷǒƩĻƭ͵ #±¤ ³¤£Ÿ ʆʂʆʆŻʂʍŻʆʍ ʅʇŸʈʇŸʅʈ Ơ%34ơ (Supp. No. 36) Page 4 of 5 1. Height limitations: a. Principal structures: When adjoining property zoned R-1 or R-2, 45 feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R-1 or R-2 district is increased two feet for each foot in height over 45 feet. In all locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: actual height of principal structure. (D) ağǣźƒǒƒ ĭƚǝĻƩğŭĻ͵ 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93) #±¤ ³¤£Ÿ ʆʂʆʆŻʂʍŻʆʍ ʅʇŸʈʇŸʅʈ Ơ%34ơ (Supp. No. 36) Page 5 of 5 Sec. 30-82-11. Multi-family Dwelling. (A) Intent. The following minimum standards are intended to accommodate multi-family dwellings, ensuring adequate separation and other design characteristics to create a safe and healthy residential environment while protecting adjoining uses which are less intensive. (B) General standards: 1. Minimum front yard setback: Thirty (30) feet from any street right-of-way for all structures. 2. Minimum side yard setback: Twenty (20) feet for principal structures. 3. Minimum rear yard setback: Twenty-five (25) feet for principal structures. 4. Additional setbacks in the form of a buffer yard shall be required in accordance with Section 30-92 where the property adjoins a less intensive zoning district. 5. The minimum separation between multi-family buildings shall be twenty (20) feet. 6. Reserved. 7. Standards for open space and recreational areas required below: a. Shall be in addition to any buffer yard required under Section 30-92 of this ordinance; b. Shall be in addition to and not be located in any required front, side or rear yard setback; c. Shall have a horizontal dimension of at least fifty (50) feet, except that areas with a horizontal distance of not less than twenty (20) feet shall be counted as open space provided such areas contain facilities such as, but not limited to, bikeways, exercise trails, tot lots, gazebos, picnic tables, etc.; d. Shall not include proposed street rights-of-way, open parking areas, driveways, or sites reserved for other specific uses; and, e. Shall be of an appropriate nature and location to serve the residents of the multi-family development. 8. Provisions must be made for vehicular access and turn around for regularly scheduled public service vehicles such as trash collection. (C) Additional standards in the AV district: 1. Minimum lot size: Twenty thousand (20,000) square feet for the first dwelling unit, plus five thousand (5,000) square feet for each additional unit. 2. When adjoining a lot containing a single family dwelling, a Type C buffer yard as described in Section 30-92 shall be provided. (D) Additional standards in the R-3 district: 1. Minimum lot size: Seven thousand two hundred (7,200) square feet for the first dwelling unit, plus two thousand four hundred twenty (2,420) square feet for each additional unit. 2. Maximum density: Eighteen (18) dwelling units per acre. 3. The property shall be served by public sewer and water. 4. Common open space and recreational areas required: Five (5) percent of the total lot area for parcels of two (2) to five (5) acres, and ten (10) percent for parcels over five (5) acres. No open space is required for parcels under two (2) acres. Created: 2022-09-29 13:43:16 \[EST\] (Supp. No. 36) Page 1 of 2 (E) Additional standards in the R-4 district: 1. Minimum lot size: Seven thousand two hundred (7,200) square feet for the first dwelling unit, plus one thousand eight hundred fifteen (1,815) square feet for each additional unit. 2. Maximum density: Twenty-four (24) dwelling units per acre. 3. The property shall be served by public sewer and water. 4. Common open space and recreational areas required: Five (5) percent of the total lot area for parcels of two (2) to five (5) acres, and ten (10) percent for parcels over five (5) acres. No open space is required for parcels under two (2) acres. (F) General standards in the C-1 and C-2 districts, independent of the general standards above: 1. The multi-family use shall be allowed in conjunction with a civic, office or commercial use type or as a stand-alone residential project. 2. The multi-family use may account for up to fifty (50) percent of the gross floor area on the site. A special use permit shall be required if the multi-family use accounts for more than fifty (50) percent of the gross floor area on the site. 3. In the study areas of the 419 Town Center Plan, the Hollins Center Plan, and the Oak Grove Center Plan, the multi-family use may account for up to seventy-five (75) percent of the gross floor area on the site. A special use permit shall be required if the multi-family use accounts for more than seventy-five (75) percent of the gross floor area on the site. (Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 111213-15 , § 1, 11-12-13; Ord. No. 092215-9 , § 1, 9-22-15; Ord. No. 020921-8 , § 1, 2-9-21; Ord. No. 072721-8 , § 1, 7-27-21) Created: 2022-09-29 13:43:16 \[EST\] (Supp. No. 36) Page 2 of 2 Core:A future land use area where high intensity urban development is encouraged. Land uses within core areas may parallel the central business districts of Roanoke, Salem and Vinton. Core areas may also be appropriate for larger-scale highway-orientedretail uses and regionally-based shopping facilities. Due to limited availability, areas designated as Core are not appropriate for tax-exempt facilities. Land Use Types:General Retail Shops and Personal Services-Planned shopping centers and clustered retail uses are encouraged. These centers should incorporate greenways, bike and pedestrian trails into their designs and link them to surrounding neighborhoods. Office and Institutional Uses-Planned developments are encouraged. Limited Industrial Uses-Planned uses in areas designated as economic opportunity areas. Land Use Determinants:EXISTING LAND USE PATTERN -Locations where commercial uses have been developed or will likely be developed. EXISTING ZONING -Locations where commercial zoning exists. ACCESS -Locations served by an arterial street system. POPULATION CENTER -Locations within close proximity to the projected population concentrations. URBAN SECTOR -Locations served by urban services. 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. Tuboufd“t!Vscbo!Qmbdft!Hspvq Fyjtujoh!cvjmejoht!up!sfnbjoOfx!sftjefoujbmOfx!sfubjmOfx!tqfdjbm!cvjmejoh Bvup.psjfoufe!Njyfe.vtf!upxo!dfoufsNvmujgbnjmz BSFBTCVJMEJOHT 73 T JUJF VO U PS QQ P UJBM! O F E J T F S BM! 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Bt!nfoujpofe!fbsmjfs-!Spboplf!Dpvouz!dpoevdufe!b!sftjefoujbm!bobmztjt!up!jefoujgz!uif!nbslfu!qpufoujbm!boe!pqujnvn!nbslfu!qptjujpo!gps!ofx!ipvtjoh!xjuijo!boe!bekbdfou!up!b!xbmlbcmf!njyfe.vtf!upxo!dfo ufs!bu!uif!joufstfdujpo!pg!Spvuft!331!boe!52:/!Uif!sftvmut!xfsf!tuspoh/Uif!pwfsbmm!boovbm!qpufoujbm!nbslfu!xjuijo!uif!tuvez!bsfb!gps!ijhifs.efotjuz!exfmmjoh!vojut!jt!zfbst/!Xijmf!81&!pg!uiftf!ipvtfip met!qsfgfs!sfoubm!bqbsunfout-!uifsf!jt!tujmm!pqqpsuvojuz!gps!cpui!dpoepnjojvnt!)25&*!boe!gps.tbmf!upxoipvtf!efwfmpqnfou!)27&*/Xijmf!uif!tuvez!gpdvtfe!po!uif!nbslfu!gps!njyfe.vtf!efwfmpqnfou-!ju!gpvoe !uibu!uifsf!xbt!tujmm!b!ifbmuiz!nbslfu!gps!tjohmf.vtf! 52:!Upxo!Dfoufs!Qmbo 74 T JUJF VO U PS QQ P UJBM! O sf F E J T F S –900,000 BM! PO JUJ EE Total new residential square footage: 600,000sfTotal new parking: 800-1,200 spaces B Nvmuj.gbnjmz!efwfmpqnfou!bmpoh!”Uif!Sjehft• MFHFOE 52:!Upxo!Dfoufs!Qmbo 52:!Upxo!Dfoufs!Qmbo AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JULY 24, 2012 ORDINANCE072412-8 REZONING 11.411 ACRES FROM R3, MEDIUM DENSITY MULTIFAMILY RESIDENTIAL DISTRICT, AND C2C, GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS, TO R4C, HIGH DENSITY MULTIFAMILY RESIDENTIAL DISTRICT, WITH CONDITIONS, IDENTIFIED AS AREA “A” ON THE CONCEPT DEVELOPMENT PLAN FOR 176 MULTIFAMILY RESIDENTIAL UNITS; AND TO REZONE 11.940 ACRES FROM R3, MEDIUM DENSITY MULTIFAMILY RESIDENTIAL DISTRICT, TO R3C, MEDIUM DENSITY MULTIFAMILY RESIDENTIAL DISTRICT, WITH CONDITIONS, IDENTIFIED AS AREA “B” ON THE CONCEPT DEVELOPMENT PLAN WITH A PROFFERED DENSITY LIMIT OF 23 SINGLE FAMILY RESIDENTIAL UNITS, INVOLVING SEVERAL PROPERTIES (077.20-01-48.01-0000 AND 077.20-01-50.00-0000; AND PORTIONS OF 077.20-01-52.00-0000 AND 087.08-03-11.00-0000) LOCATED AT 4240 ELM VIEW ROAD, 4252 ELM VIEW ROAD, AND 4486 SUMMIT STREET, CAVE SPRING MAGISTERIAL DISTRICT, UPON THE APPLICATION OF SOUTH PEAK RESIDENCES LLC, ET ALS. WHEREAS, the first reading of this ordinance was held on June 26, 2012, and the second reading and public hearing were held July 24, 2012; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 3, 2012; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing approximately 11.411 acres, as described herein, and located at 4240 Elm View Road, 4252 Elm View Road and 4486 Summit Street (Tax Map Numbers 077.20-01-48.01-0000 and 077.20-01-50.00-0000; and portions of 077.20-01-52.00-0000 and 087.08-03-11.00- 0000) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R3, Medium Density MultiFamily Residential District, and C2C, General Page 1 of 4 Commercial District, with conditions, to R4C, High Density MultiFamily Residential District, with conditions, identified as Area “A” on the Concept Development Plan for 176 multifamily residential units; and to rezone 11.940 acres from R3, Medium Density MultiFamily Residential District, to R3C, Medium Density MultiFamily Residential District, with conditions, identified as Area “B” on the Concept Development Plan with a proffered density limit of 23 single family residential units, involving several properties. 2. That this action is taken upon the application of South Peak Residences, LLC; Slate Hill I, LLC; Slate Hill II, LLC; DNAL Holdings III, LLC; Elm View, LLC; M&H Holdings, LLC; McNeil Properties, LLC; Patton Place, LLC; South Peak Hotel, LLC; Woodcliff Investments, LLC; and the Western Virginia Water Authority. 3. That the owner of the property has voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: A. With respect to the property described on the attached Exhibit A (the Area A tract): 1. Area A will be developed in substantial conformity with the Concept Development Plan made by Mattern & Craig dated June 14, 2012, subject to such changes as may be required by Roanoke County during comprehensive site plan review. 2. The height of any building in Area A shall not exceed sixty (60) feet (as measured by the Roanoke County Zoning Ordinance). 3. All facades and finishes of buildings in Area A shall be of similar design, colors, materials and detailing as shown on the rendering prepared by Jones and Jones dated September 9, 2011, and attached hereto as Exhibit A-1. 4. No freestanding light pole, including fixture, shall be more than eighteen (18) feet above grade. All exterior lights, including security lighting, shall be down-lit or shielded so as not to direct glare onto adjoining streets or properties. The intensity at adjoining streets or properties shall not exceed 0.5-foot candles. All street lighting shall be designed to complement the architecture of the adjacent Page 2 of 4 buildings. 5. All residential buildings in Area A shall be connected by sidewalks. Sidewalks shall be constructed in accordance with Roanoke County design standards. B. With respect to the property described on the attached Exhibit B (the Area B tract): 6. Area B shall be developed only for single-family dwellings. 7. Area B shall be subdivided such that no more than twenty-three (23) single-family dwellings shall be constructed thereon. 8. A sidewalk or walking trail, constructed in accordance with Roanoke County design standards, shall be installed along one side of the streets to be developed in Area B. 9. A row of evergreen trees shall be installed along the southern boundary of Area B which adjoins tax map parcels 87.08-06-16.00 through 87.08-06-28.00 inclusive, planted twenty (20’) feet on center. 4. That said real estate is more fully described as follows: Being 11.411 acres and 11.940 acres of real estate located at 4240 Elm View Road, 4252 Elm View Road, and 4486 Summit Street and further described as Tax Map Nos. 077.20-01-48.01-0000 and 077.20-01-50.00- 0000; and portions of 077.20-01-52.00-0000 and 087.08-03-11.00-0000. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 3 of 4 Dear Alyssa, Thank you for speaking with me over the telephone last week. I appreciated your patience and all the information which you discussed with me. I am requesting that you will share my concern with the Planning Commission to help protect the privacy of private home owners of the 23 private home lots, with 21 of those lots currently listed for sale and advertised for building private homes, solely, on South Peaks Estates Drive. In June 2022, I purchased a lot in this private homes section on South Peak Estates Drive to build my retirement home. As a recent purchaser of a private home lot on South Peak Estates Drive this year, it is very important I can feel confident that the 21 remaining lots for sale on South Peak Estates Drive will remain for sale as private home lots, as advertised. I wish to only build in a community for private homes as the signage posted at the entrance to South Peak Estates Drive reads when entering South Peak Estates Drive, " Now Open The Estates at South Peak 23 Home Sites with Protective Covenants". When I purchased a lot to build a private home at The Estates at South Peak Community of 23 lots with Protective Covenants, as advertised, it was not disclosed to me that an apartment complex was in the planning for South Peak. I remain open-minded regarding this apartment complex being built at South Peak. However, it is of the highest concern that these 23 private lots onSouth Peak Estates Drive are only sold for the purpose of building private homes and their privacy be protected. I bought this lot to build a home at The Estates at South Peak Communityto live in a Home Community as The South Peak Management company has openly expressed it would be, I care not to live within a business park or near a smaller apartment complex, built by any other entity at any time. Alyssa, will you please pass along my concern to Roanoke County's Planning Commission that these 21 remaining small lots starting at 0.33 acre and advertised for sale as single family home lots will remain just that, for private homes, as the sign reads entering into the community? I bought my lot at 4950 South Peak Estates Drive Roanoke, Va 24018 to build my retirement home and to live in a Home Community, as advertised on the signage located at the entrance to South Peak Estates Drive and as discussed by South Peak Property Management, LLC. Regardless, of the time-frame these 21 remaining lots are listed for sale, I must feel confident these lots which are designated to be for "A Private Home Community", will remain for single-private homes even ifa new management company would, perhaps, take over ownership. Have a blessed and wonderful Monday. Thank you very much for your assistance, Alyssa. Sincerely, Beverly A. Bryson 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 The Gallery at South Peak, LLC to rezone approximately 10.83 acres from C-2C (High Intensity Commercial) District with conditions and R-4C (High Density Multi- Family Residential) District with conditions to R-4C (High Density Multi-Family Residential) District with amended conditions in order to construct 260 apartments at the 5000 block of The Peaks Drive, Cave Spring Magisterial District (Tax Map Nos: 077.20- 01-04.00-0000, 077.20-01-54.00-0000, a portion of 077.20-01-48.01-0000, and a portion of 077.20-01-52.00-0000) MOTION TO APPROVE I find that the proposed rezoning request: 1. a. adopted comprehensive plan; b. Will meet the need for available housing that currently exists in Roanoke County; and c. The proposed project is within an area identified under the 419 Town Center Plan as multifamily in the Urban Design Framework and identified for additional residential development including multifamily development, and is therefore consistent with the 419 Town Center Plan which is a component 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, with the following proffered conditions: 1. The Property shall be developed in general conformity with the concept development plan prepared by Lumsden Associates, P.C., dated August 10, 2022, and revised September 29, 2022, consisting of Sheets 1 through 2, and attached hereto as Exhibit B (Concept Plan The Gallery at South Peak), subject to such minor modifications as may be necessitated by final engineering considerations and such changes as may be required by Roanoke County during comprehensive site plan review. 2. The facades and finishes of the building on the Property shall be of similar design and materials as detailed on the rendering prepared by Winks Snowa Architects, P.C. and dated August 12, 2022, consisting of Sheets 1 through 4, and attached hereto as Exhibit C. MOTION TO DENY I find that the proposed rezoning request: 1. Is plan and/or good zoning practice, or 2. Will result in substantial detriment to the community. I therefore MOVE TO 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. OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800 Roanoke, Virginia 24018-0798 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25, 2022 ORDINANCE REZONING APPROXIMATELY 10.83 ACRES FROM C-2C (HIGH INTENSITY COMMERCIAL DISTRICT WITH CONDITIONS) AND R-4C (HIGH DENSITY MULTI-FAMILY RESIDENTIALDISTRICT WITH CONDITIONS) TO R-4C (HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT WITH AMENDED CONDITIONS),IN ORDER TO CONSTRUCT 260 APARTMENTS AT THE 5000 BLOCK OF THE PEAKS DRIVE, CAVE SPRING MAGISTERIAL DISTRICT (TAX MAP NOS: 077.20-01-04.00- 0000, 077.20-01-54.00-0000, A PORTION OF 077.20-01-48.01-0000, AND A PORTION OF 077.20-01-52.00-0000) WHEREAS, The Gallery at South Peak, LLC is requesting to rezone approximately 10.83 acres from C-2C (High Intensity Commercial District with conditions) and R-4C (High Density Multi-Family Residential District with conditions) to R-4C (High Density Multi-Family Residential District with amended conditions) in order to construct 260 apartments at the 5000 block of the Peaks Drive; and WHEREAS, the new 10.83-acre parcel being rezoned is made up of properties identified as Roanoke County Tax Map Number 077.20-01-04.00-0000, Roanoke County Tax Map Number 077.20-01-54.00-0000, a portion of Roanoke County Tax Map Number 077.20-01-48.01-0000, and a portion of Roanoke County Tax Map Number 077.20-01- 52.00-0000; and WHEREAS, the new 10.38-acre parcel being rezoned is also identified as “NEW TRACT B-1B” on the preliminary plat submitted with the rezoning application and attached hereto as Exhibit A, prepared by Lumsden Associations, P.C., dated February 13, 2022, and titled “PLAT FROM RECORDS SHOWING THE SUBDIVISION AND COMBINATION OF TAX #077.20-01-52.00-0000 TRACT B-1 PLAT INSTRUMENT #201211691 CREATING HEREON NEW TRACT B-1A (12.3162 AC.) & TRACT B-1B Page 1of 4 (10.8300 AC.) PROPERTY OF SLATE HILL II, LLC AND TAX #077.20-01-03.00-0000, #077.20-01-04.00-0000 & #077.20-01-54.00-0000 PLAT INSTRUMENT #201201979 CREATING HEREON NEW TRACT C 3.3120 AC. (144,270 S.F.) AND PROPERTY OF WOODCLIFF INVESTMENTS, LLC AND TAX #077.20-01-48.01-0000 LOT 2 PLAT INSTRUMENT #200613943 & #201304283 CREATING HEREON NEW LOT 2-A 6.2537 AC. (272,412 S.F.) PROPERTY OF SOUTH PEAK RESIDENCES, LLC SITUATED ALONG ELM VIEW ROAD & SOUTH PEAK BLVD. CAVE SPRING MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA”; and WHEREAS, each of the properties by which the new 10.38-acre parcel being rezoned have been rezoned in the past, and have existing conditions attached to them; and WHEREAS, it is the intent of the applicant and the intent of the Board that the existing conditions attached to the 10.38-acre parcel be removed and replaced with the amended conditions outlined herein and proffered by the applicant; and WHEREAS, the first reading of this ordinance was held on September 28, 2022, and the second reading and public hearing were held on October 25, 2022; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 4, 2022; and WHEREAS, the Planning Commission recommends approval of the petition with certain amended conditions, 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: Page 2of 4 1.The petition of The Gallery at South Peak, LLC to rezone approximately 10.83 acres from C-2C (High Intensity Commercial District with conditions) and R-4C (High Density Multi-Family Residential District with conditions) to R-4C (High Density Multi-Family Residential District with amended conditions) is approved, with the following proffered amended conditions: a. The Property shall be developed in general conformity with the concept development plan prepared by Lumsden Associates, P.C., dated August 10, 2022, and revised September 29, 2022, consisting of Sheets 1 through 2, and attached hereto as Exhibit B (Concept Plan – The Gallery at South Peak), subject to such minor modifications as may be necessitated by final engineering considerations and such changes as may be required by Roanoke County during comprehensive site plan review. b. The facades and finishes of the building on the Property shall be of similar design and materials as detailed on the rendering prepared by Winks Snowa Architects, P.C. and dated August 12, 2022, consisting of Sheets 1 through 4, and attached hereto as Exhibit C. 2. The Board finds thatthe proposed rezoning of approximately 10.83 acres, while not consistent with the purpose and intent of the County’s adopted comprehensive plan’s future land use designation of “Core,” a. Is consistent with the purpose and intent of the County’s adopted comprehensive plan’s future land use designation of “Transition”; b. Will meet the need for available housing that currently exists in Roanoke County; and Page 3of 4 c.Is within an area identified under the 419 Town Center Plan as multifamily in the Urban Design Framework and identified for additional residential development including multifamily development, and is therefore consistent with the 419 Town Center Plan which is a component of the County’s adopted comprehensive plan. 3. The Board further finds that the proposed rezoning of approximately 10.83 acres is consistent with good zoning practice, and will not result in substantial detriment to the community. 4. Any existing conditions on the 10.83-acre parcel which is the subject of this rezoning are hereby removed and replaced with the amended conditions identified herein and proffered by the applicant. 5. 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 4of 4 MBOETDBQF!CVGGFS 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: October 25, 2022 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Open district appointments BACKGROUND: 1. Roanoke County Board of Zoning Appeals: s five (5) year term representing the Windsor Hills Magisterial District expired June 30, 2022. 2. Roanoke County Economic Development Authority (EDA)(appointed by District): -year term on the EDA expired on September 26, 2021 and he does not wish to be reappointed. 3. Roanoke County Library Board (appointed by District): The following District appointments remain open: Vinton Magisterial District Windsor Hills Magisterial District Page 1 of 2 4. Roanoke County Parks, Recreation and Tourism Advisory Commission (appointed by District): The following appointments remain open: June 30, 2019. Rich Tomlinson's three (3) year term representing the Vinton Magisterial District expired June 30, 2021. Murray Cook's three (3) year term representing the Windsor Hills Magisterial District expired June 30, 2020. There is also one open Windsor Hills Magisterial District appointee. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25, 2022 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for October 25, 2022, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7 inclusive, as follows: 1. Approval of minutes – June 28, 2022 2.Ordinance accepting and appropriating funds in the amount of $241,531 from the Federal Emergency Management Agency (FEMA) Flood Mitigation Assistance Program, and authorizing the use of such funds to acquire property located at 915 Clearwater Avenue, Roanoke, Virginia 24019 (TAX PARCEL NO. 027.13-06-39.00-0000), Hollins Magisterial District (Second reading of Ordinance) 3.Ordinance approving a site and ground lease with Seiontec Systems, LLC for placement of broadband equipment on Crowells Gap Mountain (Second Reading of Ordinance) 4. Request to accept and allocate funds in the amount of $24,787 from the Edward Byrne Memorial Justice Grant to the Roanoke County Sheriff's Office 5. Designation of voting delegate to the Virginia Association of Counties (VACo) Conference to be held November 13-15, 2022 6. Request to accept and allocate grant funds in the amount of $9,600 from the U.S. Department of Justice’s Bulletproof Vest Partnership to the Roanoke County Sheriff’s Office 7. Confirmation of appointment to the Social Services Advisory Commission Page 1of 1 ACTION NO. ITEM NO. I.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2022 AGENDA ITEM: Ordinance accepting and appropriating funds in the amount of $241,531 from the Federal Emergency Management Agency (FEMA) Flood Mitigation Assistance Program, and authorizing the use of such funds to acquire property located at 915 Clearwater Avenue, Roanoke, Virginia 24019 (TAX PARCEL NO. 027.13-06-39.00-0000), Hollins Magisterial District (Second reading of Ordinance) SUBMITTED BY: Tarek Moneir Director of Development Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Request to accept and appropriate $241,531 from a FEMA Flood Mitigation Assistance Grant Program grant (#EMP-2020-FM-030-0003). BACKGROUND: The Flood Mitigation Assistance Program is a competitive grant program that provides funding to states, local communities, federally recognized tribes and territories for projects that reduce or eliminate the risk of repetitive flood damage to buildings insured by the National Flood Insurance Program. eligibility and cost-effectiveness of the project. DISCUSSION: Roanoke County has two (2) residences that are insured under the National Flood Insurance Program that have experienced damages from multiple flooding events, and are classified, by FEMA, as Severe Repetitive Loss Structures. Page 1 of 2 loss structures. The property owner of one (1) of our severe repetitive loss structures has expressed interest in voluntarily participating in this FEMA funded program. Therefore, the County applied for grant funding to acquire this property. Roanoke County has received a grant from the FEMA Flood Mitigation Assistance Grant Program in the amount of $241,531. This grant will be used to purchase the property and demolish and remove the existing flood-prone structure. After demolition the property must be maintained, by the County, as undeveloped green space in perpetuity. There have been no changes since the first reading held on October 11, 2022. FISCAL IMPACT: The FEMA Flood Mitigation Assistance Grant Program provides one hundred percent (100%) funding. No local matching funds are required. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance. Page 2 of 2 COMMONWEALTH OF VIRGINIA Department of Emergency Management 9711 Farrar Court, Suite 200, North Chesterfield, Virginia 23236 TEL 804.267.7600 TDD 804.674.2417 FAX 804.272.2046 SHAWN G. TALMADGE ERIN SUTTON State Coordinator of Chief Deputy State Coordinator Emergency Management of Emergency Management September 16, 2022 Mr. Dan O’Donnell County Administrator 5204 Bernard Drive Southwest Roanoke, VA 24018-4345 RE: EMP-2020-FM-030-003 Roanoke County Roanoke County Acquisition of 1 SRL Property Dear Mr. O’ Donnell: I am pleased to notify you that the Federal Emergency Management Agency has approved the project titled “Roanoke County – Acquisition of 1 SRL Property.” The funds have been obligated through the Flood Mitigation Assistance Grant Program. Attached you will find the grant award package. Please read all documents carefully prior to initiating your project. As funded, the federal share is 100 percent of the total project costs. Your project cannot begin until the authorized agent has signed the grant award package. No reimbursements will be made until the award package is signed and received by the Virginia Department of Emergency Management. Please sign the attached grant agreement, scan it, and email it to Amy Howard, mitigation grants administrator. Congratulations on the approval of this project. If you have questions regarding this award or the implementation of your project, please contact Amy Howard at (804) 267-7733 or by e-mail at Amy.Howard@vdem.virginia.gov. Sincerely, Chery J. Adkins Alternate Governor’s Authorized Representative Enclosures CJA/DJM/ash COMMONWEALTH OF VIRGINIA Department of Emergency Management 9711 Farrar Court, Suite 200, North Chesterfield, Virginia 23236 TEL 804.267.7600 TDD 804.674.2417 FAX 804.272.2046 SHAWN G. TALMADGE ERIN SUTTON State Coordinator of Chief Deputy State Coordinator Emergency Management of Emergency Management Flood Mitigation Assistance (FMA) Grant Program Grant Agreement EMP-2020-FM-030-0003 th This Agreement is made as of this 19 day of March 2022, by and between the Virginia Department of Emergency Management, hereinafter called “VDEM,” and the Roanoke County hereinafter called the “Sub-grantee.” The UEI-EFT number for Roanoke County is GX4HPU2KPHE3. The parties to this Agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows: (1) GENERAL PROVISIONS: This Agreement is a sub-grant award of federal funds from VDEM to the sub-grantee. VDEM has received a grant from the Department of Homeland Security Federal Emergency Management Agency Flood Mitigation Assistance Grant Program, Catalog of Federal Domestic Assistance Number 97.027. The sub-grantee shall implement the project as set forth in the grant Agreement documents. These documents consist of: (1) Executed Grant Agreement; (2) Scope of Services, Attachment A; (3) Project Budget, Attachment B; (4) Milestone Table, Attachment C; and (5) Grant Assistance Agreements and VDEM-FEMA General Terms and Conditions and Assurances; Attachment D. State agencies acting as the sub-grantee shall report all federal funds received as part of this Agreement as federal pass-thru funds on their agency’s Schedule of Federal Assistance. Nothing in this Agreement shall be construed as authority for either party to make commitments, which will bind the other party beyond the Scope of Work contained herein. Furthermore, the sub-grantee shall assign, sublet, or subcontract any work related to this Agreement or any interest it may have herein with full compliance with federal and state procurement regulations. The schedule of service set forth in the Scope of Work and Milestone Table shall be deemed to have been consented to, as required by the preceding sentence, upon the execution of this Agreement by VDEM. (2) SCOPE OF SERVICES: The sub-grantee shall provide the service to VDEM set forth and summarized in the Scope of Work (Attachment A) and Milestone Table (Attachment C). All deliverables shall conform to accepted standards and practices. If there is any change in the original scope of work, a formal request must be made to VDEM for review and approval prior to implementing the change. These attachments are consistent with the original VDEM-FEMA (Federal Emergency Management Agency) grant project application. The sub- grantee shall provide VDEM with quarterly reports and a final report on the progress of work set forth in the Scope of Work. The quarterly reports and final report shall contain the following components: (1) a narrative describing in detail the progress of the sub-grantee in fulfilling the provisions of the Scope of Work; (2) Reimbursement Requests as needed that itemize the expenses incurred by the sub-grantee, including separate columns for the federal, state, and the sub-grantee’s matching contribution to the total cost of services as reflected in the Project Budget - Attachment B; and (3) the schedule of specific project tasks with target completion dates and actual completion dates (Milestone Table – Attachment C). The first quarterly report is due to VDEM at the end of the first complete quarter following the award of the grant. Reporting Period Report Due to VDEM January 1 – March 31 no later than April 15 April 1 – June 30 no later than July 15 July 1 – September 30 no later than October 15 October 1 – December 31 no later than January 15 (3) TIME OF PERFORMANCE: The services of the sub-grantee shall begin on the date of the sub-grantee’s signature of this document and terminate on 08-08-2025 unless otherwise altered through provisions of this Agreement or extended by written authorization of VDEM. Requests for a time of performance extension must be received in writing by VDEM within 75 days of the termination date with reasons for the requested time of performance extension and a revised Milestone Table – Attachment C. All time limits stated are of the essence of this Agreement. All funds must be obligated no later than the project completion date. The final request for reimbursement must be received no later than 60 days after the completion date of the project. (4) COMPENSATION: The total project award from VDEM is $241,531 provided through the Flood Mitigation Assistance Grant Program. FEMA shall provide 100% of the federal funds for the project identified in the Scope of Work (Attachment A) totaling $241,531. VDEM shall release the grant award to the sub-grantee on a cost-reimbursement basis upon receipt and approval of the sub-grantee’s quarterly and final reports and deliverables as required by this Agreement or at other times agreed to by VDEM. Any cost overruns incurred by the sub-grantee during the time of performance shall be the responsibility of the sub-grantee. The sub-grantee shall spend the funds according to the specified categories of the contract budget. The sub-grantee shall use mitigation grant funds solely for the purposes for which these funds are provided and as approved by FEMA and VDEM. General policies for determining allowable costs are established in 2 Code of Federal Regulations (CFR), Part 200, subpart E (included in Attachment D) and the appropriate OMB circulars that identify cost principles for different kinds of organizations. Minor shifts of the funds among categories by the sub-grantee, not to exceed 10 percent of any budget line item are permissible, but in no case can the total expenditures exceed the amount provided by this contract. Shifts in funds exceeding 10 percent among budget line items must be approved in writing by VDEM. (5) ASSISTANCE: VDEM agrees upon request of the sub-grantee to furnish, or otherwise make available to the sub- grantee, copies of existing non-proprietary materials in the possession of VDEM that are reasonably related to the subject matter of this Agreement and are necessary to the sub-grantee for completion of its performance under this Agreement. VDEM Grants Division staff will provide technical support to the sub-grantee and make periodic site visits to monitor progress. (6) ACKNOWLEDGEMENTS: The role of the Virginia Department of Emergency Management (VDEM) and the Federal Emergency Management Agency (FEMA) must be clearly stated in all press releases, news articles, and requests for proposals, bid solicitations, and other documents describing this project, whether funded in whole or part. Acknowledgment of financial assistance, with VDEM and FEMA logos, must be printed on all reports, studies, websites, and other products (including map products) supported, in whole or in part, by this award or any sub-award. The sub-grantee is responsible for contacting VDEM staff in adequate time to obtain the logo in camera-ready or digital form. The final draft must be approved by VDEM staff prior to production. The acknowledgment should read as follows: This report was funded by the Federal Emergency Management Agency through the Virginia Department of Emergency Management, via Grant Agreement Number EMP-2020-FM-030-0003 for $241,531. (7) CREATION OF INTELLECTUAL PROPERTY: To the extent that the copyright to any copyrightable material created pursuant to this Agreement is owned by the sub-grantee and/or the sub-grantee is empowered to license its use, VDEM agrees to grant to the sub-grantee, and hereby does grant to the sub-grantee, a license to use the materials so owned for public, not-for-profit purpose within the territory of the Commonwealth and shall execute and deliver such further documents as the Commonwealth may reasonably request for the purpose of acknowledging or implementing such license. A copyright notice shall be placed in an appropriate location on any copyrightable material being distributed or published. Such notice shall include (1) either the symbol “©”, the word "Copyright", or the abbreviation "Copr."; (2) the year of first publication; and (3) the name of the copyright owner (the Commonwealth of Virginia). This information shall be followed by the words, "all rights reserved." (8) STRUCTURAL MITIGATION REQUIREMENTS: Specific requirements must be adhered to for structural mitigation projects such as structural relocation, property acquisition and demolition, and structural retrofitting or improvement as detailed in Attachment D. These requirements can include deed restrictions, operation and maintenance plans, and insurance requirements, as dictated by the specific grant and project requirements. (9) BREACH AND TERMINATION: In the event of breach by the sub-grantee of this Agreement, VDEM shall provide written notice to the sub-grantee specifying the manner in which the Agreement has been breached. If a notice of breach is given and the sub-grantee has not substantially corrected the breach within 60 days of receipt of the written notice, VDEM shall have the right to terminate the Agreement. The sub-grantee shall be paid for no service rendered or expense incurred after receipt of the notice of termination, except such fees and expenses incurred prior to the effective date of termination that are necessary for curtailment of its work under the Agreement. Termination of this Agreement can occur as an effect of one of two results: First, as a result of the proper completion and closeout of this project. Second, termination may occur as a result of Termination for Convenience or other termination as allowed or required by 2 CFR 200.339 for projects which cannot be completed as described in the FEMA-approved grant project application and the Scope of Services – Attachment, herein. Communication of this decision and information related to the project termination will be provided to the sub-grantee in coordination with FEMA through registered mail. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by the following duly authorized officials: Sub-grantee:Grantor: Roanoke County Virginia Department of Emergency Management By: By: ____________________________ _____________________________ Date: ____________________________ Date: ____9/16/2022________________ Authorized Sub-grantee Signatory Deputy State Coordinator, Financial Management Bureau Attachment A EMP-2020-FM-030-0003 Project Scope of Work Project Sponsor: Roanoke County Project Title: Roanoke County – Hazard Mitigation Plan Update Project Description from FMA application: The County currently has 2 Severe Repetitive Loss Structures. This project will acquire and demolish one of these structures. Repeated flooding of this residence creates recurring safety and health issues for the resident; financial hardships; and recurring insurance losses. This project will acquire and demolish a severe repetitive loss structure, thus removing the hazard. The homeowner will benefit by being able to move to a safer dwelling and not being placed under stress in every heavy rain storm. The community will benefit from the removal of homes that, over time due to repeated flooding, have the potential of becoming blighted. The Flood Insurance Program benefits from avoiding future payouts for damages. There are no future development plans. The property that is acquired will be kept by the County in open space. Scope of Work – Special Conditions EMP-2020-FM-030-0003: Roanoke County – Acquisition and Demolition of 1 SRL Property. Make sure to note the Special Condition on the project: Conditions: The project location is within range of federally listed bat species. This review does not include standing tree removal. If the scope of work changes to include removal of standing trees, EHP should be notified to allow for coordination with the U.S. Fish and Wildlife Service. Applicant is responsible for determining the presence of asbestos containing materials (ACM). This may include, but is not limited to, cementitious siding, caulking compound, roof felt and shingles, roofing mastic, pipe insulation, furnaces and related elements, sheet vinyl, floor tiles, floor underlayment, and associated mastics. Applicant is responsible to identify, abate, and dispose of ACMs in accordance with state and federal requirements. Attachment B EMP-2020-FM-030-0003 Project Budget Project Awarded Budget – Funding Source FMA: Federal Project Funds $241,531 Total Project Funds $241,531 Project Budget from VDEM-FEMA FMA application: DescriptionofTask Quantity Unit Cost Total Pre-Award 1 $700 $700 Appraisal 1 $700 $700 Demolition, Debris Removal, and Site Restoration 1 $40,000 $40,000 Asbestos Testing 1 $800 $800 Utility Disconnection 1 $3,500 $3,500 Acquisition Costs1 $182,080 $182,080 Inspection 1 $700 $700 Title Search, Closing Costs, and Legal Fees1 $1,500 $1,500 Project Management Costs 1 $11,501 $11,501 Total Project Costs $241,531 Attachment C EMP-2020-FM-030-0003 Project Milestone Table Description of Task Duration Grant award/mitigation offer homeowner125 days Survey and appraisal of structures/properties 100 days Completion of legal documents/Offers to homeowners 100 days Acquire properties 140 days Asbestos and environmental inspection 85 days Advertise for demolition 50 days Disconnect utilities50 days Abate asbestos and environmental issues 105 days Demolition of properties 180 days Open space grading/seeding 70 days Closeout 90 days Total Days1,095 Days Attachment D Administrative Requirements and Guidance Federal Administration and Guidance Documents: 1. 2 CFR Part 200 Cost Principles for State, Local, Indian Tribal Governments 2. CATEX documentation (where required) 3. Structural Mitigation Project Requirements (where required) 4. Current Hazard Mitigation Assistance (HMA) Guidelines 5. FEMA Award Package Federal Emergency Management Agency (FEMA) Contact: Tanya Graham-Simms FEMA Region III th One Independence Mall, 6 Floor 615 Chestnut Street Philadelphia, PA 19106-4404 Mobile: (215) 687-0238 Tanya.grahamsimms@fema.dhs.gov Attachment E EMP-2020-FM-030-0003 Hazard Mitigation Assistance Non-Supplanting Certification I certify that any funds awarded under Flood Mitigation Assistance (FMA) program grants will be used to supplement existing funds for program activities, and will not replace (supplant) non-federal funds. Designated Agent ___________________________________ Name ___________________________________ Signature ___________________________________ Title ___________________________________ Agency 2301703132SFD.12 GFEFSBM!FNFSHFODZ!NBOBHFNFOU!BHFODZ 29;19;35 SFDPSE!PG!FOWJSPONFOUBM!DPOTJEFSBUJPO!)SFD* Qspkfdu EMP-2020-FM-030-0003 Ujumf;Roanoke County - Acquisition and Demolition of 1 SRL Property NEPA DETERMINATION Opo!Dpnqmjbou!Gmbh;No FB!Esbgu!Ebuf;FB!Gjobm!Ebuf; FB!Qvcmjd!Opujdf!Ebuf;EA Fonsi Mfwfm;CATEX EIS Notice of IntentEIS ROD Date: CommentProject is for the acquisition and demolition of one (1) residential property located in Roanoke County: 915 Clearwater Avenue, Roanoke, VA 24019 (37.343800, -79.934470). - ehagan3 - 11/02/2021 13:33:51 GMT CATEX CATEGORIES Catex Category Code Eftdsjqujpo Selected *n3(*n3) Federal Assistance for Property Acquisition and Demolition. FederalYes assistance for the acquisition of properties and the associated demolition and removal when the acquisition is from a willing seller, the assistance is solely for the purposes of financial compensation for the acquisition, and the land is deed restricted to open space, recreational, wildlife habitat, or wetland uses in perpetuity. The CATEX does not apply to subsurface uses of acquired properties, or acquired properties with encumbrances or easements authorizing current or future subsurface uses that are not allowable and compatible with open space. This CATEX covers actions associated with the determination of program eligibility. This CATEX does not cover Federal assistance actions that involve acquisition for the purpose of construction or development at a site in the acquired property. The use of eminent domain is explicitly excluded from the CATEX. EXTRAORDINARY Extraordinary Circumstance Code Eftdsjqujpo Selected ? No Extraordinary Circumstances were selected ENVIRONMENTAL LAW / EXECUTIVE ORDER Fowjsponfoubm!Mbx0 StatusDescriptionComment Fyfdvujwf!Psefs Clean Air Act (CAA)CompletedProject will not result in permanent air emissions - Review concluded Coastal Barrier Resources ActCompletedProject is not on or connected to CBRA Unit or otherwise protected area - Review (CBRA) concluded Clean Water Act (CWA)CompletedProject would not affect any water of the U.S.The project is located approximately 20 feet from a stream. The project includes the acquisition - Review concluded and demolition of one (1) residential property and work will occur within the existing footprint. No work will be performed in the stream and erosion and sedimentation (E&S) control measures will be implemented during demolition OPUF;!Bmm!ujnft!bsf!HNU!vtjoh!b!35.ipvs!dmpdl/Qbhf!2!pg!5 2301703132SFD.12 GFEFSBM!FNFSHFODZ!NBOBHFNFOU!BHFODZ 29;19;35 SFDPSE!PG!FOWJSPONFOUBM!DPOTJEFSBUJPO!)SFD* Qspkfdu EMP-2020-FM-030-0003 Ujumf;Roanoke County - Acquisition and Demolition of 1 SRL Property Fowjsponfoubm!Mbx0 StatusDescriptionComment Fyfdvujwf!Psefs activities to prevent runoff of materials and soil into adjacent waters. - ehagan3 - 11/02/2021 13:45:07 GMT Coastal Zone Management ActCompletedProject is not located in a coastal zone area and does not affect a coastal zone area - (CZMA) Review concluded Executive Order 11988 -CompletedLocated in floodplain or effects onProject is for the removal of one (1) residential property located within the floodplain. - ehagan3 Floodplainsfloodplain/flood levels - 11/02/2021 13:48:16 GMT CompletedBeneficial Effect on Floodplain Occupancy/Values - Review concluded Executive Order 11990 -CompletedNo effects on wetlands and project outsidePer National Wetlands Inventory, project is not located in or near a wetland. - ehagan3 - Wetlandswetlands - Review concluded 11/02/2021 13:48:49 GMT Executive Order 12898 -CompletedLow income or minority population in or near Environmental Justice for Low project area Income and Minority Populations CompletedNo disproportionately high and adverse impact on low income or minority population - Review concluded Endangered Species Act (ESA)CompletedListed species and/or designated criticalPer the attached IPaC report, the project site is habitat present in areas affected directly orwithin range of the Indiana bat, Northern long- eared bat, and Roanoke logperch. There are no indirectly by the federal action Critical Habitats in the project area. Project includes the acquisition and demolition of one (1) residential property and work will occur within the existing footprint. No tree disturbance or work in water is planned to occur. IPaC report, ESA Determination Table, and Self Certification Letter from USFWS VAFO are attached. See condition. - ehagan3 - 11/02/2021 13:38:44 GMT CompletedNo effect to species or designated critical habitat (See comments for justification) - Review concluded Farmland Protection Policy ActCompletedProject does not affect designated prime or unique farmland - Review concluded (FPPA) Fish and Wildlife CoordinationCompletedProject does not affect, control, or modify a Act (FWCA)waterway/body of water - Review concluded OPUF;!Bmm!ujnft!bsf!HNU!vtjoh!b!35.ipvs!dmpdl/Qbhf!3!pg!5 2301703132SFD.12 GFEFSBM!FNFSHFODZ!NBOBHFNFOU!BHFODZ 29;19;35 SFDPSE!PG!FOWJSPONFOUBM!DPOTJEFSBUJPO!)SFD* Qspkfdu EMP-2020-FM-030-0003 Ujumf;Roanoke County - Acquisition and Demolition of 1 SRL Property Fowjsponfoubm!Mbx0 StatusDescriptionComment Fyfdvujwf!Psefs Migratory Bird Treaty Act (MBTA)CompletedProject located within a flyway zone CompletedProject does not have potential to take migratory birds - Review concluded Magnuson-Stevens FisheryCompletedProject not located in or near Essential Fish Conservation and Management Habitat - Review concluded Act (MSA) National Historic Preservation ActCompletedApplicable executed ProgrammaticPer consultation letter dated 11.18.2021, FEMA determined this undertaking resulted in no (NHPA)Agreement (enter date in comments). historic properties affected. VA SHPO concurred with this determination on 12.6.2021. - csotirho - 12/06/2021 16:47:02 GMT CompletedBuilding or structure 50 years or older or listed on the National Register in the project area and activity not exempt from review CompletedDetermination of No Historic Properties Affected (FEMA finding/SHPO/THPO concurrence attached) - Review concluded CompletedProject affects only previously disturbed ground - Review concluded State Hazardous Materials andCompletedReview concludedSee condition. - ehagan3 - 11/02/2021 13:51:22 Solid Waste LawsGMT Wild and Scenic Rivers ActCompletedProject is not along and does not affect Wild (WSR)and Scenic River - Review concluded CONDITIONS Tqfdjbm!Dpoejujpot!sfrvjsfe!po!jnqmfnfoubujpo!pg!Qspkfdut; The project location is within range of federally listed bat species. This review does not include standing tree removal. If the scope of work changes to include removal of standing trees, EHP should be notified to allow for coordination with the U.S. Fish and Wildlife Service. Source of condition:Endangered Species Act (ESA)Monitoring Required:No OPUF;!Bmm!ujnft!bsf!HNU!vtjoh!b!35.ipvs!dmpdl/Qbhf!4!pg!5 2301703132SFD.12 GFEFSBM!FNFSHFODZ!NBOBHFNFOU!BHFODZ 29;19;35 SFDPSE!PG!FOWJSPONFOUBM!DPOTJEFSBUJPO!)SFD* Qspkfdu EMP-2020-FM-030-0003 Ujumf;Roanoke County - Acquisition and Demolition of 1 SRL Property Applicant is responsible for determining the presence of asbestos containing materials (ACM). This may include, but is not limited to, cementitious siding, caulking compound, roof felt and shingles, roofing mastic, pipe insulation, furnaces and related elements, sheet vinyl, floor tiles, floor underlayment, and associated mastics. Applicant is responsible to identify, abate, and dispose of ACMs in accordance with state and federal requirements. Source of condition:State Hazardous Materials and Solid Waste LawsMonitoring Required:No Tuboebse!Dpoejujpot; Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding. If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA. OPUF;!Bmm!ujnft!bsf!HNU!vtjoh!b!35.ipvs!dmpdl/Qbhf!5!pg!5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 25, 2022 ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $241,531 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOOD MITIGATION ASSISTANCE GRANT PROGRAM, AND AUTHORIZING THE USE OF SUCH FUNDS TO ACQUIRE PROPERTY LOCATED AT 915 CLEARWATER AVENUE, ROANOKE, VA 24019 (TAX PARCEL NO. 027.13-06-39.00-0000), HOLLINS MAGISTERIAL DISTRICT WHEREAS, the Flood Mitigation Assistance Program is a competitive grant program that provides funding to states, local communities, federally recognized tribes and territories for projects that reduce or eliminate the risk of repetitive flood damage to buildings insured by the National Flood Insurance Program, with recipients chosen by - effectiveness of the project; and WHEREAS, two residences in Roanoke County insured under the National Flood Insurance Program have experienced damages from multiple flooding events and are classified, by FEMA, as Severe Repetitive Loss ; and ng its SRL properties; and WHEREAS, the property owner of one of the SRL properties has expressed interest in voluntarily participating in this FEMA funded program. The property is a residential property located at 915 Clearwater Avenue, Roanoke, VA 24019 (tax parcel ID no: 027.13-06-39.00-0000). Accordingly, the County applied for grant funding to acquire this property; and Page 1 of 2 WHEREAS, on September 16, 2022, the County County received a grant from the FEMA Flood Mitigation Assistance Grant Program in the amount of $241,531. This grant will be used to purchase the property and demolish and remove the existing flood-prone structure. After demolition the property must be maintained, by the County, as undeveloped green space in perpetuity; and WHEREAS, the federal share is 100 percent of the total project costs; no local funding is required; 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 October 11, 2022, and the second reading was held on October 25, 2022. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $241,531 is hereby accepted and appropriated to the Roanoke County Grant Fund, to be used for the acquisition of the residential property located at 915 Clearwater Avenue, Roanoke, VA 24019 (tax parcel ID no: 027.13-06-39.00-0000). 2. The County Administrator, Deputy County Administrator, or Assistant County Administrator is authorized to execute any documents, including contracts and deeds of conveyance, in order to effectuate the acquisition of this property and demolition of the existing structure; such documents shall be approved as to form by the County Attorney. 3. That this ordinance shall take effect from and after the date of adoption. Page 2 of 2 ACTION NO. ITEM NO. I.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2022 AGENDA ITEM: Ordinance approving a site and ground lease with Seiontec Systems, LLC for placement of broadband equipment on Crowells Gap Mountain (Second Reading of Ordinance) SUBMITTED BY: Susan Slough Assistant Director of Communications APPROVED BY: Richard L. Caywood County Administrator ISSUE: Approval of lease with Seiontec Systems, LLC for placement of broadband equipment on Crowells Gap antenna and monitoring equipment in the cabinet located at Crowells Gap antenna site. BACKGROUND: The County of Roanoke was approached by Seiontec Systems regarding the placement of broadband equipment on Crowells Gap antenna site and the placement of equipment in the cabinet on the same site. DISCUSSION: -- 27.0 N. Latitude and 79 Degrees - - 39.0 W. Longitude in Roanoke County. Seiontec Systems equipment will not interfere with the County's communications equipment. The term of the lease shall be a period of three (3) years commencing on November 1, 2022 with the option to extend the initial term for two (2) successive three (3) year periods. Page 1 of 2 There have been no changes since the first reading of this ordinance on October 11, 2022. FISCAL IMPACT: Roanoke County will receive $500 a month as reimbursement for utilities and maintenance costs. Seiontec Systems has the option to pay in a lump sum of $6,000 due November 1 of each term. STAFF RECOMMENDATION: Staff recommends approving the attached 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, TUESDAY, OCTOBER 25, 2022 ORDINANCE AUTHORIZING AND APPROVING A GROUND LEASE BETWEEN ROANOKE COUNTY AND SEIONTEC SYSTEMS, LLC ON CROWELLS GAP MOUNTAIN WHEREAS, Roanoke County orand Seiontec Systems, LLC eewish to enter into an antenna site lease telecommunications tower and ground lease on Mountain, located more specifically at 37 Degrees - 27.0 N. Latitude and 79 Degrees 39.0 W. Longitude. Seiontec shall also be afforded non-exclusive right of ingress and egress to the Leased Premises for purposes of maintaining their telecommunications equipment; and WHEREAS, the ; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on October 11, 2022 and the second reading was held on October 25, 2022. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The 2022 ground lease addendum between Roanoke County and Seiontec be approved. 2. That the County Administrator or the Deputy County Administrator is hereby authorized to execute a lease agreement on behalf of the Board of Supervisors of Roanoke County and to execute such other documents and take such further Page 1 of 2 actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. Page 2 of 2 ACTION NO. ITEM NO. I.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2022 AGENDA ITEM: Request to accept and allocate funds in the amount of $24,787 from the Edward Byrne Memorial Justice Grant to the Roanoke County Sheriff's Office SUBMITTED BY: Eric Orange Sheriff APPROVED BY: Richard L. Caywood County Administrator ISSUE: Accept and allocate a grant in the amount of $24,787 from the Edward Byrne Memorial Justice Assistance Grant. BACKGROUND: The Edward Byrne Memorial Justice Assistance Grant Program provides funds, which allow state and local governments to support a range of activities, in an effort to prevent and control crime and to improve the criminal justice system. DISCUSSION: The Edward Byrne Memorial Justice Assistance Grant has awarded the Roanoke County Sheriff's Office (RCSO) a grant to assist with the purchase of equipment to be utilized by RCSO school resource officer staff. FISCAL IMPACT: The total amount of the grant awarded is $24,787. No additional match is required. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends accepting and allocating $24,787 to the Grant fund for the purchase of equipment to be used by the Sheriff's school resource office staff. Page 2 of 2 ACTION NO. ITEM NO. I.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2022 AGENDA ITEM: Designation of voting delegate to the Virginia Association of Counties (VACo) Conference to be held November 13-15, 2022 SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Designation of voting delegate to VACo BACKGROUND: The Virginia Association of Counties' (VACo) annual conference will be held November They have requested that each county designate a representative of its Board of Supervisors as well as an alternate to cast its votes at the annual business meeting on Tuesday, November 15, 2022. The voting credentials form must be submitted to VACo by November 7, 2022. DISCUSSION: Chairman Paul M. Mahoney and Supervisor Phil C. North will be attending the conference and it is recommended that Chairman Mahoney be appointed as Roanoke County's voting representative for 2022. Additionally, it is recommended that Supervisor Phil C. North be designated as the alternate. FISCAL IMPACT: There is no fiscal impact associated with this Board action. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends appointing Paul M. Mahoney and Phil C. North as the voting representatives for 2022. Page 2 of 2 ACTION NO. ITEM NO. I.6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2022 AGENDA ITEM: Request to accept and allocate grant funds in the amount of SUBMITTED BY: Eric Orange Sheriff APPROVED BY: Richard L. Caywood County Administrator ISSUE: Accept and allocate $9,600 for the Bulletproof Vest Partnership Grant BACKGROUND: The Bulletproof Vest Partnership (BVP), created by the Bulletproof Vest Partnership Grant Act of 1988 is a unique Department of Justice Initiative designed to provide a critical resource to state and local law enforcement. DISCUSSION: Office matching grants to assist in the purchase of protective vests. FISCAL IMPACT: The total amount of the grant awarded is $9,600, which includes a fifty percent (50%) match. U.S. Department of Justice grant funds total $4,800 and the County match of $4,800 was appropriated by the Board of Supervisors in the fiscal year 2022-2023 ion of County funds is required. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends acceptance and allocation of grant funds in the amount of $9,600 to Page 2 of 2 ACTION NO. ITEM NO. I.7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2022 AGENDA ITEM: Confirmation of appointment to the Social Services Advisory Board SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Confirmation of appointment BACKGROUND: Martha Hooker currently serves as Board Liason on the Social Services Advisory Commission. Her appointment expired July 31, 2022. It is the consensus of the Board of Supervisors to reappointment Ms. Hooker to an additional four-year term, which will expire July 31, 2026. STAFF RECOMMENDATION: Staff recommends confirmation of this appointment. Page 1 of 1 COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Unaudited OutstandingOutstanding June 30, 2022AdditionsDeletionsOctober 25, 2022 VPSA School Bonds$ 85,873,052$ -$ 8,043,501$ 77,829,551 Lease Revenue Bonds 73,900,000 - 3,800,000 70,100,000 Subtotal 159,773,052 - 11,843,501 147,929,551 Premiums 12,384,805 - - 12,384,805 $ 172,157,857$ -$ 11,843,501$ 160,314,356 Submitted ByLaurie L. Gearheart Director of Finance and Management Services Approved ByRichard L. Caywood County Administrator %% e 35 c 63 n .. a 94 i 0.00%4.24%0.11%5.11%9.65% r 2 -1.03%-0.18% 19.08%17.27%95.26%24.55%22.27% - a-46.22%-19.72%-17.84%-20.19% 100.00%100.00% -139.55% V f o s e c% n a) i 03 r80 12 a (95) 22 628811 ,, V s 97 l 8,0362,233 42 (4,708) a 39,33391,764 52 (17,433)(42,136)(24,191)(31,172) u 211,190,103,970260,431 t (149,043) 1 c ( A ($1,799,741) t %% e s 90 g 30 e .. d u 33 3.52%2.84%0.00%0.00%1.22%6.56%5.93%9.03% u n 1 -6.02% 43.04%17.18%17.20%15.87%10.05%19.80%40.50%21.40%22.98%16.71% B e v f e o R % 36 80 r 17 s a 41 e e ,, u 88 Y 9,0973,643 n 22 t 88,39254,166 22 e(42,136) n 227,691,455,203595,036157,341106,803135,585950,477273,395,154,415 v 55 e s 1,106,9922,453,915 re r $3,893,722 e R u u C n e 09 v 00 e 52 t ,, R e 77 l 41 g 42,50015,850 a 22 d ,, 529,072180,000700,000600,000675,000924,107 u u t 40 4,040,9282,650,0003,750,0007,225,0002,400,0001,800,0001,349,5684,800,000 54 c B 39,000,00014,267,641 1 A E $110,497,500 d K n t Oa %% e s 43 N d g e 80 .. Ae d u t 44 u 5.58%2.67%0.00%0.00%1.66%0.00%6.22%7.48%4.71% n O e 1 35.60%15.86%19.26%16.29%18.27%19.78%20.11%16.15%17.86%33.75% B e g R v f d e o F u R OB % f Y o 33 000 T t 25 s r n N 69 e,, a e U General Fund - C100 70 u e 6,8642,831 70 m n 54,26112,963 O Y 70 e e 895,803188,358,459,910594,408105,825149,305255,847159,776858,713,185,588 r t C v 65 o a 2,349,945 i e t r $5,693,463 R S P e v i t 47 64 a r 53 t ,, a e 42 p g 05 42,50015,850 For the Three Months Ending Friday, September 30, 2022 d 06 529,072180,000,660,000725,000807,597275,000,549,840 m u 05 o 3,710,9282,900,0003,650,0006,364,0002,400,0001,400,0004,270,750 B 43 33,500,00012,200,000 C 1 $102,084,564 s e x a T s ye t x r a e T p l o r a c P lo aL r r e e n h et GO ll aa tt oo TT Real Estate TaxesPersonal Property TaxesPublic Service Corp BasePenalties & Interest on Property TaxesPayment In Lieu Of TaxesCommunication TaxesLocal Sales TaxConsumer Utility TaxBusiness License TaxFranchise TaxMotor Vehicle License FeesTaxes On Recordation & WillsUtility License TaxHotel & Motel Room TaxesTaxes - Prepared FoodsOther TaxesAnimal Control FeesLand and Building FeesPermits %%%%% e 25485 c 85086 n ..... a 51202 i 0.00%0.00%5.19% - r 4414 64.62%98.26%45.23%70.73%14.90% - 1 a-12.14%-41.55%-20.55%-14.61% - -110.75%-326.83% V f o s e c% n a))) i 30346 r00 40242 a 04264 ,,,,, V (670) s 34313 l 13484 (3,423)(9,999) a 18,50853,22231,35991,58220,48643,855 (( 31 (34,400)(52,080) u ( t (380,974) c A t %%%%% e s 70123 g 07291 e ..... d u 90886 0.00%9.08%0.29%0.00%6.96% u n 1231 44.33%22.20%20.70%59.59%27.31%44.88%17.19%88.70%14.70% B e v f e o R % 27406 00 r 89202 s a 97823 e205 e ,,,,, u 32246 Y n 28043 t 28,63928,18882,79754,16348,66169,338 2133 e n 343,995129,485137,503356,570845,463 v e re r R u C 70709 0 60902 20011 210 t ,,,,, e 40905 70668 g 64,60090,89770,000 14280 d ,,, 127,000400,000178,200996,464288,536800,129402,000 u 132 3,790,1005,752,453 B t %%%%% e s 35657 g e 61689 ..... d u 93989 u 0.00%0.75%1.25%0.00%4.92% n 2311 15.68%24.89%33.15%32.92%19.18%13.14%13.37%14.65% B e 101.65% v f e o R % 57149 00 29049 s r 01688 941875 e,,,,, a 77952 u e 31529 n 10,13231,61158,66037,97937,904 Y 2171 e 117,197724,969117,017408,650801,608 r v o i e r R P 00000 0 00000 05240 t 210 ,,,,, e 03305 g 05053 64,60070,000 d 83389 127,000353,500125,000178,200,771,464288,536875,000,402,000 u 31 3,780,4005,472,453 B s y t e r s e n p e o c r s i s e L P e r c di ud t v ni n r a e a f e s r s y S u o e e r o F e n o e f Fo d n , n s M a s l ae l tf i g e o s r mc e a re s n i sh e i PFUCM lllll aaaaa ttttt ooooo TTTTT FeesClerk of Court FeesPhotocopy ChargesFines and ForfeituresRevenues from Use of MoneyRevenues From Use of PropertyCharges for ServicesCharges for Public ServicesEducation Aid-StateReimb-Shared Programs SalemMiscellaneous RevenueRecovered CostsNon-Categorical AidShared Expenses %%%% e 2008 c 2003 n .... a 0000 i 9.28%0.00%0.00%0.00%0.00% - r 1 -3.96%-2.50% - a V f o s e c% n a)) i 3008 r0000 68 a 93 ,, V s 72 l ( 7 a 55,754 5 (28,771)(26,721) u , t 1 c ( A t %%%% e s 9009 g 1007 e .... d u 9006 0.00%0.00%0.00%0.00% u n 1 18.71%24.33%17.13% B e v f e o R % 5003 0000 r 24 s a 74 e e ,, u 96 Y n 94 t 51 e n 726,235600,575,, v 35 e 1,070,882 re 1 r R u C 9001 000 539 665 t ,,, e 565 534 g 711 d ,,, u 823 3,882,4012,468,8056,250,0002,136,630 12 B 2 t %%%% e s 9009 g e 8002 .... d u 9008 u 0.00%0.00%0.00%0.00% n 1 16.97%23.48%19.97% B e v f e o R % 8001 0000 83 s r 68 e,, a 78 u e 01 n Y 67 e 755,006544,821,, r v 36 o 1,097,602 i e 1 r R P 0001 000 405 842 t ,,, e 943 g 348 d 177 ,744,400, u 81 4,448,8652,320,5695,495,953 B 10 2 e u n e s v e e c Rr l u a o r S e d g e n i F c ns d r a n e s n a f l i s a eF t tn r o aa t e r T h ST t d ll n O aa tt a l r oo a t TTG o Welfare & Social Services-CategoricalOther State Categorical AidWelfare & Social ServicesEducation Aid-FederalOther Categorical AidOther Financing Sources T Transfers %%% e 675 c 765 f ... n o 9.91%0.00% 552 a -4.21% i 26.38%35.87%14.43%16.97%23.71%21.24%22.56%27.28%17.08%21.77%33.31% 212 r -10.90% % a V s e c n 0 045 a i 620 r 508 a ,,, s l V561 (3,594) 41,77959,75666,26774,19141,989 a 226 (29,848) 587,375546,896303,813136,894186,292 u 617 t , 1,078,9901,061,728 c 2 A %%% t m 383 e s u 536 g ... e c d 0.00% c 455 n u 21.57%25.62%14.29%24.18%26.79%27.60%25.52%22.92%24.20%26.66%26.31%26.34%24.98%24.54% n 222 E aB r &f b o p m x u % E c n E s 0 393 d e 618 r s n c 348 a e ,,, a n er 848 a u s Y 85,742 r 409 t i e t 116,896390,381271,925577,134273,929 414,038245,903 b 484 r d ,, n u 2,245,7254,624,2045,126,3172,476,4381,481,6791,418,001 m n 22 te i ru e 1 r d c p u n n x e C E EE p K x & O E l N 0 a 867 A u 612 t O 460 t c ,,, R e 198 A g 866 F d d 397,452818,050922,357 917 O ,,, nu 8,765,9661,457,4251,123,8045,631,3375,383,2492,310,6881,116,090 1,712,191 a938 B Y 20,084,55510,803,757 16,755,911 4 d T e N t e U g General Fund - C100 O %%% d t m 834 C u e u 337 B g ... c f0.00% d 132 n o21.45%16.19%25.15%23.08%19.84%23.62%22.14%27.44%22.90%19.49% 26.93%21.90%24.17%26.87% u 222 E t B n &f e o p m x % e E t a t S For the Three Months Ending Friday, September 30, 2022 0 013 s e 143 e s v c416 ir ,,, t e n a r 625 a a e ru 75,154 88,930 387 r t i a Y 324,114197,733379,415303,777 358,027210,124 866 b ,, d p r 1,672,3263,580,3833,985,2631,912,2541,155,4991,374,289 19 m n o m i u e r o c p P Cn x E E & 0 115 724 758 t ,,, e 931 g 825 d 464,067837,240 330,283781,935 595 u,,, 7,795,4211,634,7701,288,7519,640,4225,219,5805,008,3281,656,5341,558,913 822 B 14,810,60817,263,575 4 n o i t a r t s i n i m d A t n e m n r e y v t o e f G a l l S a a r i c i e c l i n b d e u u General & Financial AdministrationElectoral Board & OfficialsOther Judicial SupportFire and RescueCorrection & DetentionAnimal ControlRefuse DisposalMaint Buildings & GroundsEngineeringInspectionsGa rage Complex LegislativeGCourtsJLaw Enforcement & Traffic ContPGeneral Services Administration %%%% e 7096 c 5285 f .... n o 0.00%0.00%0.00%0.00%0.00% 6503 a i 53.24%10.37%26.00%17.82%22.78%53.35% 123 r -16.36%-12.12%-47.57% % 100.00% a -491.91% V s e c n 00000 0288 a i 4398 r 1976 a (414) ,,,, s 4,491 l V9775 78,594 a 3769 (13,027) 146,825211,555171,632196,166130,535 u 6131 (180,449)(143,979) t c A %%%% t m 1143 e u 0431 g .... c d 0.00%0.00%0.00%0.00%0.10%0.00% 6450 n u 47.62%23.98%22.43%26.09%24.92%23.17%19.14%17.02%11.11%12.57% 2222 E B &f o p x % E s 00000 6307 e 84 4033 r s c 6527 a e ,,,, n er 8,419 6974 a u Y r 9199 t i t 275,801107,496130,535 660,952356,621302,640 b 9475 d ,,, n 2,040,4651,103,2381,136,278 m n 331 e ru e r c p u n x C E E & 000 00 1402 2919 7408 t ,,,, e 3634 g 87,09767,000 6095 d 579,181561,720766,930 3009 ,,,, u 8,508,6474,918,6664,559,319 2,533,6911,539,1452,724,380 5472 B 11 %%%% t m 6716 e u 0318 g .... c 0.00%0.00%0.00%0.57%0.00%7.55% 0.00%0.00% d 4310 n 25.00%21.73%26.10%21.05%25.49% 21.22%20.53%15.31% u 2222 E B &f o p x % E 000000 4860 s 0849 e s 499 c1823 r ,,,, e n a r 3,928 3977 a e u 2008 r t i Y 128,976908,541120,473 498,705266,419472,590 4343 b ,,, d r 1,897,2261,283,686 331 m n o i u e r c p P n x E E & 000000 0999 9478 2543 t ,,,, e 5557 g 87,09752,000 2665 d 515,902472,690 2168 u,,,, 8,730,9814,918,6662,350,3284,315,1511,297,6023,086,974 4461 B 11 l a r u t l u C & e r n a o f i l t e a s e W r k r c d o e n g a R W n ,i h c ts in l l k n a br a e ual Public HealthSocial Services AdministrationComprehensive Services ActPublic AssistanceSocial Services OrganizationsLibraryCultural EnrichmentCooperative Extension ProgramEconomic DevelopmentPublic TransportationDixie Caverns Landfill Cleanup PMental HealthHParks & RecreationPPlanning & ZoningContribution to Human Service OrganizationsPEmployee Benefits %%% e 290 c 321 f ... n o 0.00%0.00%0.00% 826 a i 11.96%15.92%33.24%21.99% 32 r % a V s e c n 000 534 a i 050 r 415 a ,,, s l V239 a 571 374,973116,921721,502 u 358 t ,, c 27 11,851,650 11 A %%% t m 819 e u 897 g ... c d 0.00%0.00% 560 n u 31.21%66.16%24.44%35.76%56.60% 233 E B &f o p x % E s 00 674 e 537 r s c 716 a e ,,, n er 987 a u Y 55,000 r 131 t i t 734,408 b 297 d ,,, n 3,119,2903,281,647 m n 488 e 35,656,490 ru e 36 r c p u n x C E E & 0 491 419 945 t ,,, e 705 g 004 d 225,000 351 ,,, u 1,110,0002,186,6305,798,293 9,994,934 653 B 99,702,126 102 12 %%% t m 049 e u 432 g ... c 0.00%0.00% d 775 n 55.63%50.00%53.19% 30.26%25.98% u 222 E B &f o p x % E 00 259 s 180 e s c593 r ,,, e n a r 643 a e u 55,000 362 r t i Y 617,487 930 b ,,, d r 2,787,5062,560,145 361 m n o i23,804,840 u25 e r c p P n x E E & 0 701 735 492 t ,,, e 583 g 638 d 110,000794,400 347 u,,, 9,212,1031,110,0004,813,234 461 B 91,625,696 190 2 l a t n e t us m l t r O a t a s o p r T e e f d D s - n n n a a r o r Tax Relief/Elderly & HandicappRefuse Credit VintonBoard ContingencyUnappropriated BalanceIntrafund Transfers Out MiscellaneousNInterfund Transfers OutTG ACTION NO. _______________ ITEM NO. __________________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2022 AGENDA ITEM: Accounts Paid Î September 2022 SUBMITTED BY: Laurie L. Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct DepositChecksTotal Payments to Vendors-$ -$ 17,098,702.84$ Payroll09/02/221,686,594.2520,857.111,707,451.36 Payroll09/16/221,802,906.3720,429.111,823,335.48 Payroll09/30/221,894,422.025,439.421,899,861.44 Manual Checks- 12,634.46 12,634.46 Grand Total$ 22,541,985.58 A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. ACTION NO.___________________ ITEM NUMBER_______________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: October 25, 2022 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of 30-Sep-22 SUMMARY OF INFORMATION: CASH INVESTMENT: TRUIST CONCENTRATION1,854,466.941,854,466.94 GOVERNMENT: TRUIST CONTRA(1,659,200.00) TRUIST60,500,457.88 TRUIST ROA CONTRA(22,960.00) TRUIST ROA1,000,000.0059,818,297.88 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION 21,037,016.11 ROCO EMA PORTFOLIO1,000,917.80 ROCO EMA PORTFOLIO CONTRA(2,036.66)22,035,897.25 MONEY MARKET: ATLANTIC UNION BANK4,553,353.73 HOMETRUST BANK4,048,150.42 TRUIST 11,107,431.85 TRUIST ROA4,306,315.23 24,015,251.23 PUBLIC FUNDS: BANK OF BOTETOURT2,007,895.99 2,007,895.99 TOTAL 109,731,809.29 10-25-2022 ACTION NO. ITEM NO. M.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 25, 2022 AGENDA ITEM: Joint work session with the Roanoke County Board of Supervisors, Roanoke County Public School Board and the County of Roanoke Career and Technical Education (CTE) Advisory Committee SUBMITTED BY: Paul M. Mahoney Board Member-Cave Spring APPROVED BY: Richard L. Caywood County Administrator ISSUE: This time has been set aside to hold a joint meeting with the Board of Supervisors, School Board and the CTE Advisory Committee. Page 1 of 1 WORK SESSION AGENDA Roanoke County Board of Supervisors Roanoke County Public School Board County of Roanoke Career and Technical Education (CTE) Citizen Advisory Committee Roanoke County Administration Center Third Floor Training Room 5204 Bernard Drive, Roanoke, Virginia 24018 October 25, 2022 at 5:00 p.m. A. Welcome – Chairman Paul M. Mahoney B.Roanoke County Public School Board call to order –Chairman David M. Linden C. County of Roanoke Career and Technical Education Citizen Advisory Committee call to order – Chairman Michael A. Altizer D. Presentation on the Career and Technical Education (CTE) Citizen Advisory Committee's recommendation on the potential incorporation of solar technology and its financial feasibility relating to the construction of a new career and technical education center for Roanoke County -Committee Chairman Mike Altizer; Committee Vice Chairman Craig Balzer; Roanoke County Principal Planner Alexander Jones E. Board of Supervisors and School Board appreciation and gratitude to the Career and Technical Education (CTE) Citizen Advisory Committee –Chairman Paul M. Mahoney F. Presentation on the August 2022 Business Community Meetings Feedback and BCAT Student Survey Results - Roanoke County Public Schools Director of Career & Technical Education (CTE) Jason Suhr Page 1 of 2 G.Presentation on the due diligence report of the proposed site and conceptual site plan and cost estimates at 6251 Peters Creek Rd - Roanoke County Public Schools Director of Facilities & Operations Todd Kageals; Balzer and Associates staff H. Consensus of the Board of Supervisors and School Board to direct staff on the next steps – Chairman Paul M. Mahoney; School Board Chairman David Linden I. Update on School Resource Officer Recruitment – Assistant Chief of Police Jimmy Chapman J. Adjournment: Roanoke County Board of Supervisors, Roanoke County School Board and Career and Technical Education (CTE) Citizen Advisory Committee NOTE: The next joint meeting of the Roanoke County Board of Supervisors and Roanoke County School Board will be held December 7, 2022 at 10:00 a.m. at the Green Ridge Recreation Center Page 2of 2 BURTON CENTER FOR ARTS & TECHNOLOGY 6251 Peters Creek Road – Roanoke County, Virginia Date: October 25, 2022 Prepared By: Civil Site Feasibility – Executive Summary Concept Plan o 150,000 – 200,000 SF building o Portion of building will be 2-story to fit on the site. o Parking Needs: +/-250 total spaces, plus overflow areas for events. Zoning o Current Zoning – C1, C1C, and R3 o Proposed Zoning – C1 to allow for the proposed useby-right. o Future Land Use – Transition o Airport Overlay District – Peak of building elevation limited to 1325’. Proposed finished floor elevation approximately 1130’. Due Diligence o Preliminary geotechnical investigation performed, including 16 borings at 12 different locations, and is included in the due diligence report. Additional geotechnical analysis needed once the building and site design are more refined. o Phase 1 Environmental Site Assessment has been performed for the property and is included in the due diligence report. o Jurisdictional stream present on the western portion of the property. Formal jurisdictional determination should be performed to confirm the status of the stream and to rule out the presence of additional wetlands. Topography/Earthwork o +/-150,000 CY of total earthwork is anticipated for site development. o Geotechnical information indicates that rock will be encountered during site grading and utility installation. o Retaining walls are shown in two locations. Access o Primary access at existing unsignalized crossover on Peters Creek Road. o Secondary/emergency access from Burlington Drive. o Right and left turn lanes are required on Peters Creek Road to serve the site. Utilities o Existing waterline crossing the site will be impacted by site development and will be required to be relocated. o Existing water, sanitary sewer, natural gas, electric, and fiber utility infrastructure appears to be available to serve the site. Stormwater Management – Local and state stormwater quantity and stormwater quality control requirements will need to be met for the site. Architectural Planning – Executive Summary Balzer engaged with the RRMM Team to provide initial programming and space planning for the Burton Center for Arts & Technology. RRMM activities included: o In-depth meetings with the RCPS leadership o Tour of existing facility o Interviews with Burton Center for Arts & Technology faculty and staff RRMM verified / confirmed programs desired and space allocated to those programs. o Included all necessary spaces to accommodate functions of all programs and facility o Right-sized / Optimized square footage for each space RRMM studied anticipated project costs based on requested programs and square footages. o The project team felt that the initial cost projection was higher than could be justified. o Responding to high costs of current construction market, the Team: Further reduced program square footages where feasible while maintaining program functionality. Designated programs as “alternates” to be designed but built only if construction bids were within budget. RRMM created four rendered images for team to discuss “feel” of facility. Attached herein are the following documents: Concept Site Plan Facility Space Allocation Program Preliminary Project Cost Estimate Architectural Images Burton Center for Arts and Technology Roanoke County Public Schools Order of Magnitude Cost Estimate October 20, 2022 Below line items are a preliminary project cost estimate for a new BCAT facility located on the Peters Creek Road site. The square footage numbers are based on the space allocation program dated 10/19/22. The unit costs figures are based on past similar projects, current construction market and in today's dollars. Hard Costs:AmountUnitQuantityTotal Sitework$220,000/ACRE27.8$6,116,000 Building Construction - Enclosed$400/SF155,653$62,261,200 Building Construction - Covered$160/SF21,500$3,440,000 Subtotal Hard Costs$71,817,200 Soft Costs: A/E Fees, Legal, Geotech., Testing, Special 15.0%$10,772,580.00 Inspections, Permitting, Etc. General FF&E Allowance*$8/SF155,653$1,245,224 CTE Specific FF&E Allowance*$18/SF155,653$2,801,754 Owner's Design & Const. Contingency5.0%$3,590,860.00 Subtotal Soft Costs$18,410,418 Total Estimated Project Cost (2022)$90,227,618 Escalation for bids received Q1 2024 3.5%$93,385,585 Escalation for bids received Q1 2025 3.5%$96,654,080 Additional Program SpacesThat Could Added** Additional Spaces Hard Cost$400/SF12,985$5,194,000 A/E Fees, Legal, Geotech., Testing, Special 15.0%$779,100 General FF&E Allowance$8/SF12,985$103,880 CTE Specific FF&E Allowance$18/SF12,985$233,730 Owner's Design & Const. Contingency5.0%$259,700 Total For Additional Spaces$6,570,410 * Furnishings, Fixtures & Equipment ** Program Spaces not included in base building: Collision Repair, Dental Assistant, Med Assist, Home Health; Vet Tech Burton Center for Arts & TechnologyFacility Space Program CENTER FOR TRANSPORTATION