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10/24/2023 - Regular
Roanoke County Board of Supervisors October 24, 2023 INVOCATION: PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: "Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board." Page 1 of 5 Roanoke County Board of Supervisors Agenda October 24, 2023 Good afternoon and welcome to our meeting for October 24, 2023. 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 22-28, 20223 as Red Ribbon Week in the County of Roanoke (Adam T. Neal, Director, Roanoke Area Youth Substance Abuse Coalition) 2. Proclamation recognizing November 2023 as National Adoption Month and November 18, 2023, as National Adoption Day in the County of Roanoke (Susan Goard, Director of Social Services) Page 2 of 5 D. NEW BUSINESS 1. Resolution authorizing the execution of an agreement with the Roanoke City/ Alleghany Health District, adopting a joint rabies exposure response plan (Peter S Lubeck, County Attorney) E. FIRST READING OF ORDINANCES 1. Emergency Ordinance approving applications to the Literary Fund for loans and providing initial approval of the issuance of bonds by the County of Roanoke, Virginia, as evidence of loans (Due to time constraints for the project, it is requested that the second reading be dispensed with upon an affirmative vote of 4/5ths of the members of the Board, and that this matter be deemed an emergency measure pursuant to Section 18.04 of the Roanoke County Charter) (Laurie Gearheart, Director of Finance and Management Services) F. 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) G. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes — September 12, 2023; September 26, 2023 2. Resolution proclaiming October 2023 as Community Planning Month in Roanoke County 3. Ordinance authorizing the approval of a permanent open -space easement to the Virginia Outdoors Foundation on property owned by the Roanoke County Board of Supervisors and the Virginia Recreational Facilities Authority for Explore Park, identified as Tax Parcel Number 080.00-05-17.00-0000 in Roanoke County and Tax Parcel Numbers 172 A 42 and 172 A 14A in Bedford County (First Reading and request for Second Reading) Page 3 of 5 4. Ordinance approving a permanent easement to the City of Roanoke on property owned by the Roanoke County Board of Supervisors (Roanoke County Tax Map Number 060.11-04-17.00-0000) for the purpose of constructing and maintaining the City of Roanoke's Glade Creek Stream Restoration Project (Second Reading) 5. Request to accept and allocate the Virginia 9-1-1 Services Board fiscal year 2024 Data Maintenance and Data Transfer grant in the amount of $5,000 6. Request to accept and allocate $28,181 from the Bureau of Justice Assistance (BJA) fiscal year 2023 Edward Byrne Memorial Justice Assistance (JAG) Grant 7. Proclamation commending United Way of Roanoke Valley on its 100th Anniversary H. CITIZENS' COMMENTS AND COMMUNICATIONS I. 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, 2023 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of September 30, 2023 5. Accounts Paid — September 30, 2023 J. WORK SESSIONS 1. Work session to review with the Board of Supervisors the status of the County of Roanoke's ongoing Capital Improvement Program (CIP) projects as of June 30, 2023 (Laurie Gearheart, Director of Finance and Management Services and Steve Elliott, Budget Administrator) EVENING SESSION — 7:00 PM K. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of Glenmary Drive Roanoke LLC to amend a portion (approximately 19.06 acres) of the Roanoke County Center for Research and Technology Master Plan to allow warehousing and distribution as a permitted use, located within the 5200 and 5300 blocks of Glenmary Drive, Catawba Magisterial District (Philip Thompson, Director of Planning) Page 4 of 5 2. The petition of Terry Dooley, Jr. to obtain a special use permit to operate a short- term rental on approximately 0.2363 acre of land zoned R-1, Low Density Residential District, located at 4501 Girard Drive, Cave Spring Magisterial District (Philip Thompson, Director of Planning) L. CITIZEN COMMENTS AND COMMUNICATIONS M. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. David F. Radford 2. P. Jason Peters 3. Phil C. North 4. Paul M. Mahoney 5. Martha B. Hooker N. ADJOURNMENT Page 5 of 5 ACTION NO. ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 24, 2023 AGENDA ITEM: Proclamation declaring October 22-28, 20223 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 22-28, 2023, 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 r:rnuttg of aanakE Ira K�n�vO� DECLARING OCTOBER 22 THROUGH OCTOBER 28, 2023, AS RED RIBBON WEEK IN THE COUNTY OF ROANOKE WHEREAS, alcohol and other drug abuse in this nation has reached epidemic stages; and WHEREAS, it is imperative that visible, unified prevention education efforts by community members be launched to eliminate the demand for drugs; and WHEREAS, the National Red Ribbon Campaign offers citizens the opportunity to demonstrate their commitment to drug -free lifestyles (no use of illegal drugs; and WHEREAS, the National Red Ribbon Campaign will be celebrated in every community in America during "Red Ribbon Week", October 23-31, 2022; and WHEREAS, business, government, parents, law enforcement, media, medical, religious institutions, schools, senior citizens, service organization and youth will demonstrate their commitment to healthy, drug -free lifestyles by wearing and displaying red ribbons during this week-long campaign; and WHEREAS, the County of Roanoke further encourages its citizens to participate in drug prevention education activities, not only during Red Ribbon Week, but all year long. NOW, THEREFORE, We, The Board of Supervisors or Roanoke County, Virginia on behalf of all of its citizens, do hereby proclaim October 22-28, 2022, as RED RIBBON WEEK in Roanoke County, Virginia; and Presented this 24th day of October 2023 Yvtakti14.03-44A. Martha B. Hooker Paul M. Mahoney A .. •✓) 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 24, 2023 AGENDA ITEM: Proclamation recognizing November 2023 as National Adoption Month and November 18, 2023 as National Adoption Day in the County of Roanoke SUBMITTED BY: Susan Goad Director of Social Services APPROVED BY: Richard L. Caywood County Administrator Adoption Month is celebrated each November and Adoption Day will be recognized on November 18, 2023. A local committee plans an event to celebrate those families who have adopted throughout the year, as well as, those who will finalize their adoptions that morning in Roanoke County Circuit Court. A proclamation is prepared each year Page 1 of 1 Lnuxttg a oan:Ike �tttaThtfj ROANO DECLARING THE MONTH OF NOVEMBER 2023 AS NATIONAL ADOPTION MONTH IN THE COUNTY OF ROANOKE WHEREAS, families can provide love and security for children and many children wait for forever families; and WHEREAS, children who need forever families may be young or young adults of any heritage and may have special needs; and WHEREAS, adoption gives children a loving family in which to grow; and WHEREAS, many families in the Roanoke Valley have chosen adoption as a way to create or enlarge their families; and WHEREAS, adoptive families in the Roanoke Valley are recognized and congratulated for their commitment to children and to children's rights to loving and secure homes; and WHEREAS, National Adoption Day, which will be held on November 18, 2023, is sponsored by a coalition of national partners to draw special attention to foster children waiting for forever families and to celebrate all loving families who adopt NOW, THEREFORE, We, the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim and recognize the month of November 2023 as NATIONAL ADOPTION MONTH throughout the County of Roanoke; and FURTHER, by this proclamation, we give notice to our citizens to celebrate the important role adoption plays in our society and call upon the citizens of Roanoke County to observe this month with appropriate programs and activities that honor adoptive families. Presented this 24th day of October 2023 )410AtAti.enivt. Martha B. Hooker Paul M. Mahoney .mac-noree4 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 24, 2023 AGENDA ITEM: Resolution authorizing the execution of an agreement with the Roanoke City/ Alleghany Health District, adopting a joint rabies exposure response plan SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: Authorizing the execution of an agreement with the Roanoke City/Allegany Health District, adopting a joint rabies exposure response plan. BACKGROUND: During the 2010 General Assembly session, House Bill 621 was enacted, adding 3.2- 6521.1 as a new section of the Code of Virginia, which requires the local health director and governing body of each locality to adopt a plan to control and respond to the risk of rabies. DISCUSSION: It has been proposed that the County and the Roanoke City/ Alleghany Health District enter into an agreement adopting a rabies exposure response plan. FISCAL IMPACT: There is no fiscal impact associated with this action. The County's animal control officers will not foreseeably incur any new expense in carrying out their duties as outlined under the proposed rabies exposure response plan. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends adoption of the resolution, authorizing execution of the proposed agreement. Page 2 of 2 ROANOKE CITY/ALLEGHANY HEALTH DISTRICT CITY OF ROANOKE - ROANOKE COUNTY - CITY OF SALEM - ALLEGHANY COUNTY CITY OF COVINGTON- CRAIG COUNTY- BOTETOURT COUNTY 1502 Williamson Rd. NE, Civic Mall, 2"d Floor Roanoke, VA 24012 AGREEMENT Between ROANOKE CITY/ALLEGHANY HEALTH DISTRICT AND THE COUNTY OF ROANOKE This Agreement is made and entered into by and between the Roanoke City/Alleghany Health District (the "Health District") and the County of Roanoke (the "County"). This Agreement will serve as a broad framework within which the two entities may coordinate and integrate their efforts to control and respond to the risk of rabies exposure to persons and companion animals within Roanoke County. WHEREAS, Title 3.2 of the Code of Virginia identifies the authority and responsibility of the local health department, law enforcement officers and animal control officers in their efforts to control and respond to the risk of rabies exposure to persons and companion animals; and WHEREAS, during the 2010 General Assembly session, House Bill 621 was enacted, adding 3.2-6521.1 as a new section of the Code of Virginia; this section requires the local health director and governing body of each locality to adopt a plan to control and respond to the risk of rabies. Section 3.2-6562.1 of the Code of Virginia states, in its entirety: "Rabies exposure; local authority and responsibility plan. The local health director, in conjunction with the governing body of the locality, shall adopt a plan to control and respond to the risk of rabies exposure to persons and companion animals. Such plan shall set forth a procedure that promptly ensures the capture, confinement, isolation or euthanasia of any animal that has exposed, or poses a risk of exposing, a person or companion animal to rabies. The plan shall identify the authority and responsibility of the local health department, law enforcement officers, animal control officers, and any other persons with a duty to control or respond to a risk of rabies exposure. The plan shall provide for law enforcement officers, animal control officers and other persons to report to and be directed by the local health director for such purposes." ; and WHEREAS, the Health District has developed an Exposure Response Plan (the "Plan"), dated July 2022, and proposes that each of the localities within the geographical boundaries of the Health District enter into an agreement with the Health District to adopt the Plan; and WHEREAS, the Roanoke County Board of Supervisors, by resolution dated County Administrator to execute this Agreement, adopting the Plan. r12 td anROAd ALLEGHOKECITYANY 110, HEALTH DISTRICTS Your Partner in Community Wellness , authorized the PAGE 2 THE HEALTH DISTRICT AND THE COUNTY THEREFORE AGREE AS FOLLOWS: The parties adopt the Plan, which is attached hereto as Exhibit 1. TERM OF THE AGREEMENT The term of this Agreement shall be effective July 1, 2023, through June 30, 2024, and will be automatically extended on an annual renewal basis under the terms and conditions of the original agreement unless otherwise noted via written notice by either party. Such written notice shall be given at least 60 days prior to the renewal period. MODIFICATIONS "In an effort to maintain a current rabies exposure response plan which addresses emergent issues and changing knowledge," Section D of the Plan states that "the plan will be reviewed annually and revised as a result of lessons learned during investigations or to comply with updated guidance and legislative requirements." Such annual reviews and revisions will be performed and made by the Health District. The parties acknowledge that the plan is a working document and is meant to be used as a guide. If any of the annual revisions to the plan cause sufficient concern, the parties agree to address such concerns in a spirit of cooperation prior to providing written notice to terminate this Agreement as set forth above. The parties acknowledge that their obligation to adopt a rabies control plan, pursuant to Section 3.2-6562.1, is ongoing, and that withdrawal from this Agreement is not a viable long-term option for either of the parties. FINANCIAL RESPONSIBILITIES The parties acknowledge and agree that they are each responsible for funding their respective responsibilities as set forth in the Plan, which are set forth in Sections F (Responsibility of Local Animal Control) and G (Responsibility of Local Health District). Cynthia B. Morrow, M.D., M.P.H. Director Roanoke City/Alleghany Health District Richard L. Caywood, P.E. County Administrator Roanoke County Date Date Approved as to form: County Attorney RABIES Exposure Response Plan Roanoke City and Alleghany Health District Roanoke City - Roanoke County - Salem City Alleghany County - Covington City Craig County - Botetourt County July 2022 Table of Contents A. Purpose 3 B. Applicability 3 C. Authority 3 D. Maintenance 3 E. Disclaimer 3 F. Responsibility of Local Animal Control. 4 G. Responsibility of Local Health District 1. Responsibility of Local Health Director 4 Rabies Exposure Response Plan Page 2 2. Responsibility of Environmental Health Staff 5 3. Responsibility of Public Health Nurse 5 4. Responsibility of Epidemiologist 6 Attachments Contact Information Animal Exposure Report Animal Exposure Report - Nursing Supplement Rabies Laboratory Services Submission Form Roanoke City and Alleghany Health District Rabies Exposure Response Plan A. Purpose 1. Ensure the prompt capture, confinement, isolation or euthanasia of any animal that has exposed, or poses a risk of exposing, a person or companion animal to rabies by standardizing procedures associated with investigating such incidents. 2. Identify the authority and responsibility of the local health district personnel, law -enforcement officers, animal control officers, and any other person with a duty to control or respond to a risk of rabies exposure. 3. Establish consistent communication and reporting of possible rabies exposure incidents and ensure that residents and their animals receive appropriate guidance and protection against rabies infection. 4. Provide standard written guidelines in response to possible human and animal rabies exposures. B. Applicability Rabies Exposure Response Plan Page 3 This policy applies to the following: 1. Local Health District Director 2. Environmental Health Staff 3. Nursing Staff 4. Epidemiologist 5. Local Animal Control Staff C. Authority The Local Health District Director in conjunction with the governing body of the locality has the authority and responsibility to adopt and carry out a rabies exposure response plan in accordance with Section 3.2-6562.1 of the Code of Virginia. D. Maintenance This plan is a working document. In an effort to maintain a current rabies exposure response plan which addresses emergent issues and changing knowledge, the plan will be reviewed annually and revised as a result of lessons learned during investigations or to comply with updated guidance and legislative requirements. E. Disclaimer This plan is meant to be used as a guide. No single set of guidelines applies to all situations involving rabies or can provide all of the information needed. The contents of the plan are meant to offer a framework for response as well as support and complement appropriate, practical public health knowledge and experience. F. Responsibility of Local Animal Control As directed by the Local Health District Director, it shall be the duty of Local Animal Control to: 1. Capture, confine, isolate or euthanize any animal that has exposed, or poses a risk of exposing, a person or companion animal to rabies. 2. Determine if a person or companion animal has or may have been exposed to a rabid animal. 3. Initiate investigation using the Animal Exposure Report (attached). 4. Identify owner, animal exposure, type of animal, address, point of contact, phone numbers and treatment received. 5. Verify that animal is currently vaccinated for rabies. Rabies Exposure Response Plan Page 4 6. Have owner sign confinement agreement. 7. Do not disclose the identity of any victim of an animal bite or rabies exposure except to a healthcare provider or official of the local health district. 8. If possible, secure any animal that may have exposed a human pending advice from the local health district as to how to proceed with either observation or testing. 9. Initiate a 10-day confinement of animal. 10. Initiate trapping of the animal as necessary. 11. Submit Animal Exposure Report to the local health district. 12. Notify local health district Environmental Health office by phone at 540-204-9928 or by email at rcandrabies@vdh.virginia.gov if the location is changed during the confinement period. G. Responsibility of Local Health District Local Health District Director 1. Develop a memorandum of agreement with each local government entity within the Health District for the purpose of organizing an integrated response to human and companion animal exposures within the Health District and acknowledging the need for local animal control services. 2. Oversee companion animal and human exposure response within the Health District. 3. Provide medical advice and consultation with regard to human exposure victims. 4. Provide medical advice and consultation regarding rabies Post -Exposure Prophylaxis (PEP) treatment. 5. Maintain a rabies exposure response plan for the Health District. 6. Act as a media liaison or public information officer when needed. Environmental Health Staff 1. Document receipt and enter into the Environmental Health Database each Animal Exposure Report received. 2. Evaluate animal for release after confinement period has ended, if not done by local animal control. 3. Approve and explain 45-day home confinement and the six-month strict isolation requirements. 4. Provide a copy of the Animal Exposure Report and/or Rabies Summary and Action Report to Local Health District Epidemiology nurse if PEP is Rabies Exposure Response Plan Page 5 recommended. If Environmental Health is notified by victim that they are declining PEP before the report has been sent to the Epidemiology Nurse, Environmental Health will send the declination letter to be signed by the victim. Exception: If victim is minor child, notify Health District Director for further recommendations. 5. If owner(s) are unwilling to strictly isolate unvaccinated dogs and cats exposed to a known or suspected rabid animal, ensure that the exposed animal is euthanized and verified by the owner's veterinarian or euthanized and verified by Local Animal Control. 6. Coordinate removal of suspected rabid animals head and prepare specimens for delivery to the Division of Consolidated Laboratories. 7. Coordinate delivery of specimens to the Division of Consolidated Laboratories, 600 North 5th Street, Richmond, Virginia 23219, for testing. 8. Once the results are received, immediately report lab results to all victims/owners. 9. Inform Local Animal Control staff of any positive tab result received. 10. Inform Local Health District Director and Local Health District Epidemiology Nurse when a positive lab result is received involving human exposure. 11. Provide Local Animal Control with current Virginia Guidelines for Rabies Prevention and Control. 12. Notify Population Health of positive wild or stray animals for social media notifications and distribute flyers in immediate vicinity of positive animal. 13. Maintain records according to the Library of Virginia record retention guidelines. 14. Review the Rabies Exposure Response Plan annually and revise as necessary under the direction of the Local Health District Director. Public Health Nurse 1. Ensure that humans involved in possible rabies exposure incidents are appropriately counseled to control risk of rabies viral infection. 2. After receiving recommendation from Environmental Health, contact human victim about post -exposure prophylaxis (PEP) and follow-up on rabies series frequency and completion. Record PEP dates on provided form and all correspondence in field notes. 3. Communicate resources for acquiring post -exposure treatment. 4. Serve as liaison to healthcare providers regarding post- or pre -exposure rabies treatment. Rabies Exposure Response Plan Page 6 5. Have declination letter signed if PEP is refused or send certified mail if exposed person cannot be reached. Exception: If victim is a minor child, notify the District Health Director for further recommendations. 6. Notify Environmental Health if an Animal Exposure Report is received by the nursing staff that did not originate with Environmental Health. 7. Notify Environmental Health once the rabies investigation or PEP is complete so the Animal Exposure Report can be closed. 8. Return completed medical records of human exposure victims that are counseled by a public health nurse to Environmental Health where they will be maintained according to Library of Virginia record retention guidelines. Epidemiologist 1. Serve as a point of additional contact for after-hours calls from healthcare practitioners or others regarding rabies situations. 2. Participate in investigation of large-scale rabies exposure events. Rabies Exposure Response Plan Page 7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 24, 2023 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE ROANOKE CITY/ ALLEGHANY HEALTH DISTRICT, ADOPTING A JOINT RABIES EXPOSURE RESPONSE PLAN WHEREAS, Title 3.2 of the Code of Virginia identifies the authority and responsibility of the local health department, law enforcement officers and animal control officers in their efforts to control and respond to the risk of rabies exposure to persons and companion animals; and WHEREAS, during the 2010 General Assembly session, House Bill 621 was enacted, adding 3.2-6521.1 as a new section of the Code of Virginia, which requires the local health director and governing body of each locality to adopt a plan to control and respond to the risk of rabies; and WHEREAS, it has been proposed that the County and the Roanoke City/ Alleghany Health District enter into an agreement adopting a rabies exposure response plan. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows: 1. The County Administrator, Deputy County Administrator, or Assistant County Administrator are authorized to execute the proposed agreement with the Roanoke City/ Alleghany Health District, adopting a joint rabies exposure response plan, which agreement shall be approved as to form by the County Attorney. 2. This resolution shall take effect immediately upon its adoption. 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 24, 2023 AGENDA ITEM: Emergency Ordinance approving applications to the Literary Fund for loans and providing initial approval of the issuance of bonds by the County of Roanoke, Virginia, as evidence of loans SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Authorize approval of applications to the Literary Fund for issuance of bonds BACKGROUND: Literary Fund loans are a part of the financing strategy, as outlined in the Memorandum of Understanding (MOU) between the County and Schools regarding Joint Capital Funding as approved by resolution by the Board of Supervisors on April 11, 2023. The current application period for a literary loan is September 21, 2023 through November 16, 2023. DISCUSSION: The MOU references a literary loan of $25 million as a component of the financing for the Career & Technical Education Center. The remainder of the funding along with the financing for the renovations for Glen Cove and W.E. Cundiff Elementary Schools are a part of the joint debt funding model for future capital projects. The Virginia Literary Fund has favorable interest rates. Localities receive the lesser of the index rate which has been set for this year at 3.74% or a rate determined by the composite index. We anticipate the Roanoke County Schools will qualify for an interest Page 1 of 2 rate of 3%. Our financial advisors recommend submitting applications in hopes of obtaining a 3% interest rate for all three (3) projects for up to $75 million in funding, but at a minimum receiving at least $25 million at 3% for one of the projects. The School Board approved their resolution to submit the applications on their consent agenda at their October 18, 2023, board meeting. Their board report, resolution and the applications are attached. Due to the timing of the deadline to submit applications by November 16, 2023, to the Virginia Literary Fund, it is requested to waive the second reading of the ordinance upon 4/5ths votes since the next County Board meeting is not until November 15, 2023. FISCAL IMPACT: There is no current fiscal impact with the approval for the applications. No bonds of the County that will evidence the loans shall be issued until the Board adopts an ordinance approving of and setting forth the details of the bonds and holds a public hearing on the bonds. STAFF RECOMMENDATION: Staff recommends approval of the first reading and waiver of the second reading upon 4/5ths vote of the ordinance to approve the applications to the Virginia Literary Fund for loans. Page 2 of 2 10/18/23, 3:14 PM BoardDocs® Pro Agenda Item Details Meeting Oct 18, 2023 - Roanoke County School Board Meeting Category Subject Type 8. CONSENT AGENDA 8.05 Request Approval of the 2023 Literary Fund Loan Application and Authorization Resolution by the Local Governing Body Information As part of the financina strateav for the construction of the Career & Technical Education Center and renovation of Glen Cnve and W_F_ Ginrliff Flamantary crhnnIc_ the County of Rnannke renuecter1 the crhnnl rdivicinn anniv fnr a !clan from the Literary Fund of Virainia. The application period is September 21, 2023, through November 16, 2023, and will yield a 3% interest rate on a loan of up to $25,000,000. To make this application staff requests approval of: 1. The I iterary I nan Annlicatinn 2. A Resolution requesting an Authorizing Resolution from the Board of Supervisors of the County of Roanoke. Both documents are attached and will be forwarded to the County Board of Supervisors to request approval. This request was original brought forth during the October 5 School Board Work Session. After the meeting, County Bond Counsel provided amendments to the draft original presented. The changes are included, along with a clean final copy to be signed. Y 2023-10-13 School Board Resolution - MW Comments.pdf (12,508 KB) 2023-10-18 Resolution Requesting BOS to authorize VPSA Loans.pdf (67 KB) Literary Fund Loan Application for ROANOKE COUNTY Oct-5-23_CTE.XLS.pdf (188 KB) Literary Fund Loan Application for ROANOKE COUNTY Oct-5-23_GCE.XLS.pdf (47 KB) Literary Fund Loan Application for ROANOKE COUNTY Oct-5-23_WEC.XLS.pdf (47 KB) https://go. boarddocs.com/vsba/roecnty/Board. nsf/Public 1/2 RESOLUTION OF THE SCHOOL BOARD OF THE COUNTY OF ROANOKE, VIRGINIA TO APPROVE THE LITERARY LOAN APPLICATIONS AND REQUEST THE BOARD OF SUPERVISORS TO AUTHORIZE AND AUTHORIZE THE BORROWING OF LITERARY LOANS FOR SCHOOL PURPOSES BE IT RESOLVED BY THE SCHOOL BOARD OF THE COUNTY OF ROANOKE, VIRGINIA: WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the "County") and the School Board of the County propose to finance the construction of a modern facility for the Career & Technical Education Center to allow expansion of the programs to better meet the needs of the business community and provide greater access to high -quality programs for students and the renovation of Glen Cove and W. E. Cundiff Elementary Schools, which are in poor condition and based on the open concept classroom plan (collectively referred to as "Projects") for up to $130,000,000. The School Board requests approval to apply for up to $75,000,000 in loans from the Virginia Literary Fund (the "Loans"). WHEREAS, the School Board requests that the County issue general obligation school bonds or notes in an aggregate amount not exceeding $75,000,000 (collectively, the "Bonds") for the purposes set forth in the forgoing paragraph. WHEREAS, the School Board consents to and authorizes an application to the Virginia Literary Fund for the making of one or more Loans that will be evidenced by the Bonds. WHEREAS, the County or the School Board of the County expects to pay, after the date hereof, certain expenditures (the "Expenditures") in connection with the Projects. NOW, THEREFORE, BE IT RESOLVED by the School Board of the County of Roanoke, Virginia as follows: 1. The applications of the School Board to the State Board of Education of Virginia for the Loans are hereby approved and authority is hereby granted to the School Board of the County to borrow a maximum of $75,000,000 for the purposes set forth above. The Board of Supervisors will each year during the life of the Loans, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay the Loans and the interest theron, as required by law regulating loans from the Literary Fund. 2. The School Board hereby declares its intent to reimburse itself (in accordance with Section 1.150-2 of the Treasury Regulations) with the proceeds of one or more tax-exempt financings for the Expenditures with respect to the Projects made on and after that date which is no more than 60 days prior to the date hereof (unless an exception is applicable). The maximum amount of such financing expected to be issued for the Projects is $75,000,000. 3. This resolution shall take effect immediately upon its passage. The foregoing resolution was adopted by the School Board at its meeting on October 18, 2023 by the following recorded vote: Member Present or Absent Vote , Clerk, School Board, County of Roanoke, Virginia VIRGINIA DEPARTMENT OF EDUCATION APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA For Applications Received beginning December 2, 2022 DOE Staff Only Literary Fund Loan Number: Division Number Name of County, City, or Town Name of School If you are applying jointly with other school divisions for a regional program, select Check Box ==> Applying Jointly With Contact Name Contact Phone Number Contact E-mail Address 080 ROANOKE COUNTY Burton Center for Arts and Technology ❑ Check Box Susan Peterson (540) 562-3700 speterson@rcps.us TO THE VIRGINIA BOARD OF EDUCATION, The School Board hereby makes application for a loan of from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering (making permanent improvement to) Burton Center for Arts and Technology which is located at: $25,000,000.00 Street Address: County/City, Zip Code: Description of Project: 1760 Boulevard Avenue Salem, VA 24153 Construction of a modern facility for the Career & Technical Education Center to allow expansion of the programs to better meet the needs of the business community and provide greater access to high -quality programs for students. 1. Has advertised an Invitation for Bids for the said project described above? Select YES or NO here: NO 2. Does this project involve any of the following factors contributing to the project being undertaken: a) hazardous materials or substances containment or removal or other environmental health factors; b) significant building safety issues or structural defects; c) effects of natural disaster, or; d) unique circumstances that may be detrimental to education in the absence of a Literary Fund loan? Select YES or NO here: NO Describe: N/A 3. Does this project result in school consolidation and the net reduction of at least one existing school? Select YES or NO here: NO 4. The said building, addition, or permanent improvement described above, will be used as a High School building, and the total value of the construction on the above referenced project is estimated to cost: $ 80,000,000.00 5. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement thereto, and site, on account of which such loan is made. VIRGINIA DEPARTMENT OF EDUCATION APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA For Applications Received beginning December 2, 2022 6. The plans and specifications for the building or improvement, complying with the Virginia Statewide Building Code (§36.99, Code of Virginia), have been or will be approved by the division superintendent of schools and received by the Superintendent of Public Instruction before construction is begun. It is understood that the Virginia Board of Education reserves the right to withhold any part or all of the amount of this loan, if the plans and specifications received by the Superintendent of Public Instruction are not followed. 7. has not defaulted or failed to meet its debt service obligations as and when due for the past five years except as follows (Enter N/A below if has never defaulted): N/A 8. Adequate and satisfactory supervision of construction will be provided by the school board in accordance with the Virginia Statewide Building Code (§36.99, Code of Virginia). 9. This loan is to be made for 20 years, and is to be paid with interest at the rate of 3.00 percent per annum, payable annually. 10. The Board of Supervisors for the County, or the Council for the City/Town, has by resolution agreed to provide for the repayment of this loan. (Note: Please submit the authorizing resolutions from the school board and local governing body (with original seals and signatures) along with your Literary Fund application. No application will be approved until these resolutions are submitted.) 11. The School Board is not in default in the payment of any part of the principal of any previous loan from the Literary Fund and, for at least two years immediately before this loan, has not been in default in the payment of interest due on any loan from the Literary Fund. Given under my hand this day of: October 18, 2023 Date THE SCHOOL BOARD By: , Chairman Original Signature Required ATTEST: , Clerk Original Signature Required (Note: Original SEAL is Required in the Area Provided Below on the Signed Application) VIRGINIA DEPARTMENT OF EDUCATION APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA For Applications Received beginning December 2, 2022 Certification of Authorizing Resolution Adopted by the Local Governing Body At a meeting of the Board of Supervisors for ROANOKE COUNTY held in the said County or City/Town ( October 24, 2023 .• WHEREAS, The School Board presented to this Board or Council on October 24, 2023 an application addressed to the Virginia Board of Education for the purpose of borrowing $25,000,000 from the Literary Fund for the purpose set out in said application for Burton Center for Arts and Technology to be paid in 20 annual installments, and the interest thereon at 3 percent paid annually. RESOLVED, That the application of the School Board to the Virginia Board of Education for a loan of $25,000,000.00 from the Literary Fund is hereby approved, and authority is hereby granted to the School Board to borrow $25,000,000.00 for the purpose set out in said application. The Board of Supervisors for said County or Council of said City/Town will each year during the life of this loan, at the time they fix the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. I hereby certify that the foregoing is a true copy as taken from the minutes of the Board of Supervisors. , Clerk BOARD OF SUPERVISORS FOR ROANOKE COUNTY LOCAL GOVERNING BODY SEAL (Note: Original SEAL is Required in the Area Provided Below on the Signed Application) FINAL INSTRUCTIONS: 1. E-mail this application to: doeliteraryfund@doe.virginia.gov 2. Mail the hardcopy with original signatures to: Kent C. Dickey, Deputy Superintendent of Budget, Finance, and Operations Virginia Department of Education P.O. Box 2120 Richmond, VA 23218-2120 VIRGINIA DEPARTMENT OF EDUCATION APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA For Applications Received beginning December 2, 2022 DOE Staff Only This application has been reviewed by DOE by: Updated November 2022 Date This application is approved Reviewed By staff for Board of Education approval: Date Budget Director / Assistant Superintendent VIRGINIA DEPARTMENT OF EDUCATION APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA For Applications Received beginning December 2, 2022 DOE Staff Only Literary Fund Loan Number: Division Number 080 Name of County, City, or Town IROANOKE COUNTY Name of School If you are applying jointly with other school divisions for a regional program, select Check Box ==> Applying Jointly With Contact Name Contact Phone Number Contact E-mail Address Glen Cove Elementary School Check Box I Susan Peterson (540) 562-3700 speterson@rcps.us TO THE VIRGINIA BOARD OF EDUCATION, The School Board hereby makes application for a loan of $25,000,000.00 Ifrom the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering (making permanent improvement to) Glen Cove Elementary School which is located at: Street Address: County/City, Zip Code: Description of Project: 5901 Cove Road Roanoke, VA 24019 Renovation of Glen Cove Elementary School, which is in poor condition and based on the open concept classroom plan. The renovation will modernize this school to improve the educational and safety environment for our students. 1. Has advertised an Invitation for Bids for the said project described above? Select YES or NO here: NO 2. Does this project involve any of the following factors contributing to the project being undertaken: a) hazardous materials or substances containment or removal or other environmental health factors; b) significant building safety issues or structural defects; c) effects of natural disaster, or; d) unique circumstances that may be detrimental to education in the absence of a Literary Fund loan? Select YES or NO here: YES Describe: There is asbestos that will have to be abated during the renovation. 3. Does this project result in school consolidation and the net reduction of at least one existing school? Select YES or NO here: NO VIRGINIA DEPARTMENT OF EDUCATION APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA For Applications Received beginning December 2, 2022 4. The said building, addition, or permanent improvement described above, will be used as a Elementary School building, and the total value of the construction on the above referenced project is estimated to cost: $ 25,000,000.00 5. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement thereto, and site, on account of which such loan is made. 6. The plans and specifications for the building or improvement, complying with the Virginia Statewide Building Code (§36.99, Code of Virginia), have been or will be approved by the division superintendent of schools and received by the Superintendent of Public Instruction before construction is begun. It is understood that the Virginia Board of Education reserves the right to withhold any part or all of the amount of this loan, if the plans and specifications received by the Superintendent of Public Instruction are not followed. 7. has not defaulted or failed to meet its debt service obligations as and when due for the past five years except as follows (Enter N/A below if has never defaulted): N/A 8. Adequate and satisfactory supervision of construction will be provided by the school board in accordance with the Virginia Statewide Building Code (§36.99, Code of Virginia). 9. This loan is to be made for 20 years, and is to be paid with interest at the rate of 3.00 percent per annum, payable annually. 10. The Board of Supervisors for the County, or the Council for the City/Town, has by resolution agreed to provide for the repayment of this loan. (Note: Please submit the authorizing resolutions from the school board and local governing body (with original seals and signatures) along with your Literary Fund application. No application will be approved until these resolutions are submitted.) 11. The School Board is not in default in the payment of any part of the principal of any previous loan from the Literary Fund and, for at least two years immediately before this loan, has not been in default in the payment of interest due on any loan from the Literary Fund. Given under my hand this day of: October 18, 2023 Date THE SCHOOL BOARD By: , Chairman Original Signature Required ATTEST: , Clerk Original Signature Required THE SCHOOL BOARD SEAL (Note: Original SEAL is Required in the Area Provided Below on the Signed Application) VIRGINIA DEPARTMENT OF EDUCATION APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA For Applications Received beginning December 2, 2022 VIRGINIA DEPARTMENT OF EDUCATION APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA For Applications Received beginning December 2, 2022 Certification of Authorizing Resolution Adopted by the Local Governing Body At a meeting of the Board of Supervisors for ROANOKE COUNTY held in the said County or City/Town c October 24, 2023 .• WHEREAS, The School Board presented to this Board or Council on October 24, 2023 an application addressed to the Virginia Board of Education for the purpose of borrowing $25,000,000 from the Literary Fund for the purpose set out in said application for Glen Cove Elementary School to be paid in 20 annual installments, and the interest thereon at 3 percent paid annually. RESOLVED, That the application of the School Board to the Virginia Board of Education for a loan of $25,000,000.00 from the Literary Fund is hereby approved, and authority is hereby granted to the School Board to borrow $25,000,000.00 for the purpose set out in said application. The Board of Supervisors for said County or Council of said City/Town will each year during the life of this loan, at the time they fix the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. I hereby certify that the foregoing is a true copy as taken from the minutes of the Board of Supervisors. , Clerk BOARD OF SUPERVISORS FOR ROANOKE COUNTY LOCAL GOVERNING BODY SEAL (Note: Original SEAL is Required in the Area Provided Below on the Signed Application) FINAL INSTRUCTIONS: 1. E-mail this application to: doeliteraryfund@doe.virginia.gov 2. Mail the hardcopy with original signatures to: Kent C. Dickey, Deputy Superintendent of Budget, Finance, and Operations Virginia Department of Education P.O. Box 2120 Richmond, VA 23218-2120 VIRGINIA DEPARTMENT OF EDUCATION APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA For Applications Received beginning December 2, 2022 DOE Staff Only This application has been reviewed by DOE by: Updated November 2022 Date This application is approved Reviewed By staff for Board of Education approval: Date Budget Director / Assistant Superintendent VIRGINIA DEPARTMENT OF EDUCATION APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA For Applications Received beginning December 2, 2022 DOE Staff Only Literary Fund Loan Number: Division Number 080 Name of County, City, or Town IROANOKE COUNTY Name of School If you are applying jointly with other school divisions for a regional program, select Check Box ==> Applying Jointly With Contact Name Contact Phone Number Contact E-mail Address W. E. Cundiff Elementary School LJ Check Box I Susan Peterson (540) 562-3700 speterson@rcps.us TO THE VIRGINIA BOARD OF EDUCATION, The School Board hereby makes application for a loan of $25,000,000.00 Ifrom the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering (making permanent improvement to) W. E. Cundiff Elementary School which is located at: Street Address: County/City, Zip Code: Description of Project: 1200 Hardy Road Vinton, VA 24179 Renovation of W. E. Cundiff Elementary School, which is in poor condition and based on the open concept classroom plan. The renovation will modernize this school to improve the educational and safety environment for our students. 1. Has advertised an Invitation for Bids for the said project described above? Select YES or NO here: NO 2. Does this project involve any of the following factors contributing to the project being undertaken: a) hazardous materials or substances containment or removal or other environmental health factors; b) significant building safety issues or structural defects; c) effects of natural disaster, or; d) unique circumstances that may be detrimental to education in the absence of a Literary Fund loan? Select YES or NO here: YES Describe: There is asbestos that will have to be abated during the renovation. 3. Does this project result in school consolidation and the net reduction of at least one existing school? Select YES or NO here: NO VIRGINIA DEPARTMENT OF EDUCATION APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA For Applications Received beginning December 2, 2022 4. The said building, addition, or permanent improvement described above, will be used as a Elementary School building, and the total value of the construction on the above referenced project is estimated to cost: $ 25,000,000.00 5. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement thereto, and site, on account of which such loan is made. 6. The plans and specifications for the building or improvement, complying with the Virginia Statewide Building Code (§36.99, Code of Virginia), have been or will be approved by the division superintendent of schools and received by the Superintendent of Public Instruction before construction is begun. It is understood that the Virginia Board of Education reserves the right to withhold any part or all of the amount of this loan, if the plans and specifications received by the Superintendent of Public Instruction are not followed. 7. has not defaulted or failed to meet its debt service obligations as and when due for the past five years except as follows (Enter N/A below if has never defaulted): N/A 8. Adequate and satisfactory supervision of construction will be provided by the school board in accordance with the Virginia Statewide Building Code (§36.99, Code of Virginia). 9. This loan is to be made for 20 years, and is to be paid with interest at the rate of 3.00 percent per annum, payable annually. 10. The Board of Supervisors for the County, or the Council for the City/Town, has by resolution agreed to provide for the repayment of this loan. (Note: Please submit the authorizing resolutions from the school board and local governing body (with original seals and signatures) along with your Literary Fund application. No application will be approved until these resolutions are submitted.) 11. The School Board is not in default in the payment of any part of the principal of any previous loan from the Literary Fund and, for at least two years immediately before this loan, has not been in default in the payment of interest due on any loan from the Literary Fund. Given under my hand this day of: October 18, 2023 Date THE SCHOOL BOARD By: , Chairman Original Signature Required ATTEST: , Clerk Original Signature Required THE SCHOOL BOARD SEAL (Note: Original SEAL is Required in the Area Provided Below on the Signed Application) VIRGINIA DEPARTMENT OF EDUCATION APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA For Applications Received beginning December 2, 2022 VIRGINIA DEPARTMENT OF EDUCATION APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA For Applications Received beginning December 2, 2022 Certification of Authorizing Resolution Adopted by the Local Governing Body At a meeting of the Board of Supervisors for ROANOKE COUNTY held in the said County or City/Town c October 24, 2023 .• WHEREAS, The School Board presented to this Board or Council on October 24, 2023 an application addressed to the Virginia Board of Education for the purpose of borrowing $25,000,000 from the Literary Fund for the purpose set out in said application for W. E. Cundiff Elementary School to be paid in 20 annual installments, and the interest thereon at 3 percent paid annually. RESOLVED, That the application of the School Board to the Virginia Board of Education for a loan of $25,000,000.00 from the Literary Fund is hereby approved, and authority is hereby granted to the School Board to borrow $25,000,000.00 for the purpose set out in said application. The Board of Supervisors for said County or Council of said City/Town will each year during the life of this loan, at the time they fix the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. I hereby certify that the foregoing is a true copy as taken from the minutes of the Board of Supervisors. , Clerk BOARD OF SUPERVISORS FOR ROANOKE COUNTY LOCAL GOVERNING BODY SEAL (Note: Original SEAL is Required in the Area Provided Below on the Signed Application) FINAL INSTRUCTIONS: 1. E-mail this application to: doeliteraryfund@doe.virginia.gov 2. Mail the hardcopy with original signatures to: Kent C. Dickey, Deputy Superintendent of Budget, Finance, and Operations Virginia Department of Education P.O. Box 2120 Richmond, VA 23218-2120 VIRGINIA DEPARTMENT OF EDUCATION APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA For Applications Received beginning December 2, 2022 DOE Staff Only This application has been reviewed by DOE by: Updated November 2022 Date This application is approved Reviewed By staff for Board of Education approval: Date Budget Director / Assistant Superintendent AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 24, 2023 EMERGENCY ORDINANCE APPROVING APPLICATIONS TO THE LITERARY FUND FOR LOANS AND PROVIDING INITIAL APPROVAL OF THE ISSUANCE OF BONDS BY THE COUNTY OF ROANOKE, VIRGINIA, AS EVIDENCE OF LOANS WHEREAS, the staff of the County of Roanoke Public Schools (the "Schools") has presented to the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County"), applications addressed to the Virginia Board of Education for the purpose of borrowing up to $75,000,000 from the Literary Fund to finance some or all of the costs of the construction of a modern facility for the Career & Technical Education Center to allow expansion of the programs to better meet the needs of the business community and provide greater access to high -quality programs for students, the renovation of Glen Cove and W. E. Cundiff Elementary Schools, and paying any related closing costs (collectively referred to as the "Project"). WHEREAS, due to time constraints, staff has deemed this to be an emergency; 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 24, 2023, and the second reading has been dispensed with, upon an affirmative 4/5ths vote of the members of the Board, this being deemed to be an emergency measure pursuant to Section 18.04 of the Roanoke County Charter; and Page 1 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, AS FOLLOWS: 1. Approval of Applications. The Board hereby approves of the submissions of the applications for loans from the Literary Fund in an amount up to $75,000,000 for the purpose of providing funds to financing the Projects. The Board hereby authorizes the School Board to borrow such amount as part of the loans. 2. Commitment to Pay. The Board hereby commits that in each year during the life of the loans, at the time that it fixes regular levies, fix a rate of levy for schools or make cash appropriation sufficient for operation expenses and to pay these loans in annual installments and the interest thereon as required by law regulating loans from the Literary Fund. 3. Final Authorization Required Before Bonds Can be Issued. No bonds of the County that will evidence the loans shall be issued until the Board adopts an ordinance approving of and setting forth the details of the bonds and holds a public hearing on the bonds. 4. Further Actions; Authorization of the County Administrator. The County Administrator and such officers and agents of the County as may be designated by the County Administrator, are hereby authorized and directed to take such further action as they deem necessary or appropriate regarding the application for the loan. All actions previously taken by the County Administrator and such officers and agents in connection Page 2 of 3 with the loan application are hereby ratified and confirmed. The authorizations granted in this Ordinance to the County Administrator may be carried out by the Deputy, Interim or Acting County Administrator in the absence of the primary officer. 5. Filing of Ordinance. The County Attorney of the County is authorized and directed to file a certified copy of this Ordinance with the Circuit Court of the County pursuant to Sections 15.2-2607 and 15.2-2627 of the Virginia Code. 6. Effective Date. This Ordinance shall take effect immediately. Page 3 of 3 ACTION NO. ITEM NO. F.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 24, 2023 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: Robert Arthur's five (5) year term representing the Windsor Hills Magisterial District expired June 30, 2022. Mr. Arthur does not wish to be reappointed. 2. Roanoke County Economic Development Authority (EDA)(appointed by District): Steve Musselwhite's four-year term on the EDA expired on September 26, 2021 and he does not wish to be reappointed. 3. Roanoke County Parks, Recreation and Tourism Advisory Commission (appointed by District): The following appointments remain open: Mike Roop's three (3) year term representing the Vinton Magisterial District expired June 30, 2019. Rich Tomlinson's three (3) year term representing the Vinton Magisterial District Page 1 of 2 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 24, 2023 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 24, 2023, designated as Item G - 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 — September 12, 2023, September 26, 2023 2. Resolution proclaiming October 2023 as Community Planning Month in Roanoke County 3. Ordinance authorizing the approval of a permanent open -space easement to the Virginia Outdoors Foundation on property owned by the Roanoke County Board of Supervisors and the Virginia Recreational Facilities Authority for Explore Park, identified as Tax Parcel Number 080.00-05-17.00-0000 in Roanoke County and Tax Parcel Numbers 172 A 42 and 172 A 14A in Bedford County (First reading and request for Second Reading) 4. Ordinance approving a permanent easement to the City of Roanoke on property owned by the Roanoke County Board of Supervisors (Roanoke County Tax Map Number 060.11-04-17.00-0000) for the purpose of constructing and maintaining the City of Roanoke's Glade Creek Stream Restoration Project (Second Reading) 5. Request to accept and allocate the Virginia 9-1-1 Services Board fiscal year 2024 Data Maintenance and Data Transfer grant in the amount of $5,000 6. Request to accept and allocate $28,181 from the Bureau of Justice Assistance (BJA) fiscal year 2023 Edward Byrne Memorial Justice Assistance (JAG) Grant 7. Proclamation commending United Way of Roanoke Valley on its 100th Anniversary Page 1 of 1 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 24, 2023 AGENDA ITEM: Resolution proclaiming October 2023 as Community Planning Month in Roanoke County SUBMITTED BY: Alexander M. Jones Planner II APPROVED BY: Richard L. Caywood County Administrator ISSUE: Consent agenda item proclaiming October 2023 as Community Planning Month in Roanoke County. BACKGROUND: The month of October is designated as National Community Planning Month throughout the United States of America and its territories. The American Planning Association and its professional institute, the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions sound planning and plan implementation make to the quality of our communities. DISCUSSION: Planners work to improve the well-being of all people living in our communities by taking a comprehensive perspective. This approach leads to safer, resilient, more equitable, and more prosperous communities. Each October, National Community Planning Month celebrates the role that planning plays in creating great communities. FISCAL IMPACT: There is no fiscal impact on this agenda item. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the resolution proclaiming October 2023 as Community Planning Month in Roanoke County. 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 24, 2023 RESOLUTION PROCLAIMING OCTOBER 2023 AS COMMUNITY PLANNING MONTH IN ROANOKE COUNTY, VIRGINA WHEREAS, change is constant and affects all Virginia cities, towns, suburbs, counties, and rural areas; and WHEREAS, community planning and plans can help manage this change in a way that provides better choices for how people work and live; and WHEREAS, the citizen engagement which is a hallmark of community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and WHEREAS, the full benefits of planning requires public officials and citizens who understand, support, and demand excellence in planning and plan implementation; and WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America and its territories, and WHEREAS, the American Planning Association and its professional institute, the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions sound planning and plan implementation make to the quality of our settlements and environment; and WHEREAS, the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of Page 1 of 2 planning commissions and other citizen planners who have contributed their time and expertise to the improvement of Roanoke County and the Roanoke Valley; and WHEREAS, we recognize the many valuable contributions made by professional community and regional planners in Roanoke County, the Roanoke Valley, and the Commonwealth of Virginia and extend our heartfelt thanks for the continued commitment to public service by these professionals; NOW, THEREFORE, BE IT PROCLAIMED THAT, the month of October 2023 is hereby designated as Community Planning Month in Roanoke County in conjunction with the celebration of National Community Planning Month and all cities, counties and towns throughout the Commonwealth of Virginia and the United States are encouraged to recognize the importance of planning and planners in building great communities and especially the value of civic engagement throughout the planning process. Page 2 of 2 ACTION NO. ITEM NO. G.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 24, 2023 AGENDA ITEM: Ordinance authorizing the approval of a permanent open - space easement to the Virginia Outdoors Foundation on property owned by the Roanoke County Board of Supervisors and the Virginia Recreational Facilities Authority for Explore Park, identified as Tax Parcel Number 080.00- 05-17.00-0000 in Roanoke County and Tax Parcel Numbers 172 A 42 and 172 A 14A in Bedford County SUBMITTED BY: Lindsay B. Webb Parks Planning and Development Manager APPROVED BY: Richard L. Caywood County Administrator ISSUE: Ordinance authorizing the approval of a permanent open -space easement to the Virginia Outdoors Foundation on property owned by the Roanoke County Board of Supervisors and the Virginia Recreational Facilities Authority for Explore Park, identified as Tax Parcel Number 080.00-05-17.00-0000 in Roanoke County and Tax Parcel Numbers 172 A 42 and 172 A 14A in Bedford County. BACKGROUND: Roanoke County has operated Explore Park since 2013 under a 99-year lease from the Virginia Recreational Facilities Authority (VRFA), a political subdivision of the Commonwealth that owns over 1,100 acres along the Roanoke River in Bedford and Roanoke Counties. Following an extensive public involvement process, Roanoke County developed the 2016 Explore Park Adventure Plan that proposed a new vision for Explore Park as an outdoor adventure recreation destination. The Adventure Plan also proposes preserving much of Explore Park in its natural state to allow for passive recreation, open space, and forest conservation. There are three parcels totaling 42.94 acres that are located north of the Roanoke River Page 1 of 3 within the boundaries of Explore Park. The parcels are located in Bedford and Roanoke Counties, identified as Roanoke County Tax Parcel Number 080.00-05-17.00-0000 and Bedford County Tax Parcel Numbers 172 A 42, and 172 A 14A, as shown on the attached map. These parcels are co -owned by the VRFA and Roanoke County Board of Supervisors, who each own a one-half interest (50%) in the properties. Roanoke County's acquisition of one half -interest in the properties was funded through a Virginia Outdoors Foundation (VOF) Forest CORE Program grant accepted and appropriated by the Board of Supervisors on December 15, 2020 (Ordinance 121520-6). The Roanoke County Board of Supervisors authorized acquisition of the one-half interest in the parcels (Ordinance 042523-1.f) which occurred in June of 2023 (Bedford County Circuit Court Clerk's Office Instrument Nos. 230004741, 230004742, and 230004743; Roanoke County Circuit Court Clerk's Office Instrument Nos. 202304104 and 202304106). Per the grant agreement executed between Roanoke County and the VOF, the deed of conveyance designated the property as open -space land in accordance with the Open - Space Land Act (Va. Code § 10.1-1700 et seq.) including Section 10.1-1701 of the Code of Virginia (1950), as amended. DISCUSSION: The VOF Forest CORE Program grant agreement also requires that forestry and open space restrictions be imposed in perpetuity by enforceable restrictions set forth in a deed of open -space easement to be granted to the VOF by Roanoke County and the VRFA. Roanoke County and the VOF staff have conducted a rigorous review and negotiated the terms of the deed of open space easement, which are included as an attachment with this staff report. Exhibit A was developed by staff in the Roanoke County Departments of Planning and Development Services to document existing cleared areas on the property that will be reserved as Development Areas to enable future implementation of the Explore Park Adventure Plan. The Pine Mountain Adventure Node is identified as a development area within Explore Park that is located on the subject parcels and proposes future development of a zip line, trails, a parking lot, access road, restrooms, picnic shelter, observation tower, and supporting recreational amenities. The proposed deed of easement incorporates the permanent protection of forested areas on the subject parcels with the exception of the Development Areas. The easement restricts future division of the property and allows a total impervious coverage area of 20,000 square feet. Additionally, the easement allows tree removal outside of the Development Areas to facilitate future development of trails and zip lines. Tree removal is allowed for forestry management and maintenance needs, including diseases, storm damage, hazardous conditions, and invasive species management. The deed of easement was presented to the VRFA Board of Directors on October 5, 2023; however, the VRFA Board could not take action due to legal concerns from their attorneys regarding the restrictiveness of the easement language. The deed of easement is currently under review by VRFA legal counsel. County staff anticipate that Page 2 of 3 any revisions to the deed of open -space easement agreed upon by the VRFA and VOF after submission of this report will be less restrictive than those included in the draft attached hereto. A VRFA Board of Directors meeting is scheduled for November 9, 2023 to reconsider a final draft of the deed of easement. FISCAL IMPACT: The VOF Forest CORE Program provides one -hundred percent (100%) of the costs associated with the land acquisition and easement. There is no local match required. Funding for the purchase and incidental costs of the acquisition is available in the County's grant fund, which was created pursuant to Ordinance 121520-6 whereby the Board accepted and appropriated $165,450.00 from the VOF for the purchase of the land. VOF reserves the right to reclaim grant funds or properties purchased with grant funds or to nullify the grant agreement if recipient fails to meet land transfer deadlines, obtain appropriate open space protection, appropriate forest management provision, or provide required documentation regardless of transfer of ownership. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling the second reading for November 15, 2023. Page 3 of 3 MayesNRFA (Tax Map No. 172-A-14A, 8.1053 acres) ▪ MayesNRFA (Tax Map No. 172-A-42, 11.7267 acres) Q MayesNRFA (Tax Map No. 080.00-05-17.00-0000, 23.1109 acres) ▪ Explore Park I= National Park Service Jurisdictional Boundary t Railroad Tracks 800 1,600 Feet 3,200 Proposed Property Acquisition from Betty W. Mayes A ROANOKE COUNTY VA Virginia Outdoors Foundation Forest CORE Grant Fund PARKS, RE TOURISM March 30, 2023 NOTE TO TITLE EXAMINERS: This open -space easement contains restrictions on permitted uses and activities on the property described below, which run with the land and are applicable to the property in perpetuity. Prepared by: F. Bruce Stewart (VSB 08780) Return to: Virginia Outdoors Foundation 39 Garrett Street, Ste 200 Warrenton, VA 20186 Parcel ID Numbers: 172-A-42 and 172-A-14A (Bedford County) 0800.00-05-17.00-0000 (Roanoke County) Exempt from recordation taxes under the Code of Virginia (1950), as amended, Sections 58.1-811 (A) (3), 58.1-11(D) and 10.1-1803 and from Circuit Court Clerk's fees pursuant to Section 17.1-266, THIS DEED OF OPEN -SPACE EASEMENT (this "Easement"), made this day of , 2023, between the COUNTY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, and VIRGINIA RECREATIONAL FACILITIES AUTHORITY, a recreational facilities authority created under Virginia Code Section 10.1-1600 et seq., (together, "Grantors") and the VIRGINIA OUTDOORS FOUNDATION, an agency of the COMMONWEALTH OF VIRGINIA, ("Grantee" and "VOF"); (the designations "Grantors" and "Grantee" refer to Grantors and Grantee and their respective successors and assigns), witnesseth: RECITALS: R-1 Grantors are the owners in fee simple of real property situated in Bedford County, Virginia and Roanoke County, Virginia containing 42.9429 acres, as further described below (the "Property"), and desires to grant and convey to Grantee a perpetual open -space easement over the Property as herein set forth. R-2 Grantee is a governmental agency of the Commonwealth of Virginia and is willing to accept a perpetual open -space easement over the Property as herein set forth. R-3 Chapter 461 of the Virginia Acts of 1966 provides in part "that the provision and preservation of permanent open -space land are necessary to help curb urban sprawl, to prevent the spread of urban blight and deterioration, to encourage and assist more economic and desirable urban development, to help provide or preserve necessary park, recreational, historic, and scenic areas, and to conserve land and other natural resources" and authorizes the acquisition of interests in real property, including easements in gross, as a means of preserving open -space land. The balance of the Chapter is codified in Chapter 17, Title 10.1, Sections 10.1-1700 through 10.1- 1705 of the Code of Virginia, as amended (the "Open -Space Land Act"). R-4 Pursuant to the Open -Space Land Act, the purposes of this Easement include retaining and protecting the open -space and natural resource values of the Property and ensures that the Property will remain perpetually available for open -space use. R-5 Chapter 525 of the Virginia Acts of 1966, Chapter 18, Title 10.1, Sections 10.1-1800 through 10.1-1804 of the Code of Virginia, declares it to be the public policy of the Commonwealth to encourage preservation of open -space land and authorizes the Virginia Outdoors Foundation to hold real property or any estate or interest therein for the purpose of preserving the natural, scenic, historic, scientific, open -space, and recreational lands of the Commonwealth. R-6 As required under Section 10.1-1701 of the Open -Space Land Act, the use of the Property for open -space land conforms to the County of Bedford Comprehensive Plan adopted on June 25, 2007 and amended on August 10, 2015, and the County recognizes through its comprehensive plan the value of natural areas and their protection through conservation easements. The Property is located within an area that is designated as Agricultural/Natural Resource Stewardship on the county's future land use map. R-7 As required under Section 10.1-1701 of the Open -Space Land Act, the use of the Property for open -space land conforms to the County of Roanoke Comprehensive Plan adopted on March 22, 2005, and the County recognizes through its comprehensive plan the value of natural areas and their protection through conservation easements. The Property is located within an area that is designated as Rural Preserve on the county's future land use map. R-8 This open -space easement in gross constitutes a restriction granted in perpetuity on the use that may be made of the Property and is in furtherance of and pursuant to the clearly delineated governmental conservation policies set forth below: (i) Land conservation policies of the Commonwealth of Virginia as set forth in: Section 1 of Article XI of the Constitution of Virginia, which states that it is the Commonwealth's policy to protect its atmosphere, lands, and waters from pollution, impairment, or destruction, for the benefit, enjoyment, and general welfare of the people of the Commonwealth; b. The Open -Space Land Act cited above; c. Chapter 18, of Title 10.1, Sections 10.1-1800 through 10.1-1804 of the Code of Virginia cited above; d. Grantee's formal practices in reviewing and accepting this Easement. Grantee has engaged in a rigorous review, considered, and evaluated the benefits provided by this Easement to the general public as set forth in these recitals, and has concluded that the protection afforded 2 the open -space character of the Property by this Easement will yield a significant public benefit and further the open -space conservation objectives of Grantee and the Commonwealth of Virginia; and e. The Commonwealth's land conservation strategy of identifying and protecting high - value lands and conservation sites across the Commonwealth of Virginia. The Property or a portion thereof is located on the Governor's ConserveVirginia Map as a Managed Conservation Land and identified under the Floodplain and Flooding Resilience and Scenic Preservation categories; and (ii) Land use policies of the County of Bedford as delineated in: a) its comprehensive plan adopted on June 25, 2007 and amended on August 10, 2015, to which plan the restrictions set forth in this Easement conform and which includes the following: Chapter 3: Community Character, Design and Aesthetics Objectives and Strategies 3.1: Preservation of prime farmland, agricultural lands, forested lands, and other open spaces that maintain and enhance the County's rural character. 3C. Private/State/Federal Programs. Encourage rural property owners and farmers to participate in private, State and Federal programs designed to conserve land resources. 3.2: Preservation of scenic vistas, viewsheds, and community character along roadways. Chapter 5: Natural Environment Objectives and Strategies 5.1: Surface water that meets or exceeds the appropriate state and federal water quantity and quality standards, consistent with the general needs for the County's residents, wildlife and livestock. 5B. Incentives. Research and propose incentives for landowners to voluntarily protect the natural habitat on their property and maintain and reestablish riparian buffers on the County's streams, creeks, lakes and ponds. 5.3 Land within the County maintained at a sustainable level to support the native and harvested flora and fauna. Objectives and Strategies 5.4: Natural and scenic assets of the County shall be preserved. Chapter 8: Economic Development. Objectives and Strategies 8.1: Business retention, business expansion, and growth in new business. 8F. Agriculture Economic Development. Consider growth and preservation of agricultural and farmlands, and natural areas as economic development opportunities, and develop plans and incentives for increasing agricultural economic development and eco-tourism. 3 Chapter 9: Land Use Objectives and Strategies 9.2: Preservation of farmland, forested land, open space, and rural character. 9F. Agricultural Economic Development. Consider growth and preservation of agricultural and farmlands, and natural areas as economic development opportunities, and develop plans and incentives for increasing agricultural economic development and eco-tourism. b. its recognition of the rural character of the Property and support for its continued use as agricultural, forest or open space land by providing "Land Use" or use value taxation for the Property under the authority provided by Chapter 17, Article II of the Code of the County of Bedford, Virginia; and (iii) Land use policies of the County of Roanoke as delineated in: a. its comprehensive plan adopted on March 22, 2005, to which plan the restrictions set forth in this Easement conform and which includes the following: CHAPTER 2 - VISION STATEMENTS Community -Wide Themes 4. Scenic Beauty - The mountains that surround the County provide a sense of place and are a source of beauty, recreational activity and inspiration. Steps must be taken to develop sound conservation policies for our dwindling farm lands, mountainsides and ridges, rivers and streams, soil and air. Resource Preservation 3. In 2010, Roanoke County has enacted ordinances and programs to preserve the integrity of the surrounding mountains and open space. These include mountainside, ridgeline and natural resource protection. 5. In 2010, Roanoke County has established tax incentives to encourage landowners to dedicate their mountain land for scenic and conservation easements. Agriculture and Forestry 5. In 2010, Roanoke County continues to value, protect and preserve the scenic vistas, water resources and other important natural and cultural resources of the rural areas. There continues to be strong recognition that these resources are critical components of the quality of life of the region. CHAPTER 3 - LAND USE ISSUES Design Guidelines — Conservation Land Use Areas B. Identify, evaluate and work to assure the preservation of wildlife habitats and corridors, natural landmarks, historic and archaeological sites, significant agricultural lands and examples of natural heritage. Maintain a registry of qualified areas and link 4 decisions concerning land and easement purchases and new developments with the conservation framework established. C. Encourage the establishment of additional Conservation land use areas through conservation easements, greenways and parks that in the end result, create a network of interconnected Conservation areas. Rural Preserve and Rural Village Land Use Areas In those areas of Roanoke County designated as rural and/or agricultural where local officials and residents are looking for preservation options, certain design strategies can be followed. Through the use of these design strategies land will remain available for productive agricultural activities and open space, developers are not placed under any unreasonable constraints, and realtors gain a special marketing tool, in that rural views from the new homes will be guaranteed by the conservation easements. Land Use Recommendations for Rural Areas 1. Encourage land protection and conservation in rural areas. Recognize that tools such as conservation easements are the most cost-effective solution to protecting rural lands. CHAPTER 5 - RESOURCE PRESERVATION Mountains and Ridgetops There are various options for mountains and ridgetop development policies ranging from identifying and preserving steep slopes that should not be developed to adapting the density of development to the terrain so that as slope increases, allowed density decreases. In addition, various design guidelines should be evaluated to minimize land disturbance, encourage retention of existing vegetation and appropriate architecture that blends with the natural surroundings. Another option is to provide legal and financial mechanisms for the acquisition of open space and conservation easements in these areas. b. its recognition of the rural character of the Property and support for its continued use as agricultural, forest or open space land by providing "Land Use" or use value taxation for the Property under the authority provided by Chapter 21, Article III of the Code of the County of Roanoke, Virginia; and R-9 The Federal Energy Regulatory Commission issued a Certificate of Public Convenience and Necessity on October 13, 2017 to Mountain Valley Pipeline, LLC permitting it to construct a natural gas pipeline (the "Mountain Valley Pipeline") through 17 counties in West Virginia and Virginia. R-10 The Commonwealth of Virginia and Mountain Valley Pipeline, LLC entered into a Memorandum of Agreement for Comprehensive Mitigation of Virginia Resource Impacts of the Mountain Valley Pipeline (the "Forest Fragmentation Agreement"). 5 R-11 Pursuant to said agreement certain funds were allocated by the Commonwealth to VOF, with which VOF established the Forest CORE (Community Opportunities for Restoration and Enhancement) Program to help mitigate the impact of forest fragmentation in the Commonwealth. R-12 VOF has consulted with various agencies and departments of the Commonwealth and has ensured that this conveyance and the restrictions conveyed herein meets the mitigation goals of the Forest Fragmentation Agreement and furthers the Commonwealth's policies of environmental protection and enhancement of natural resources. R-13 Pursuant to the Forest CORE Program as described above and in accordance with a grant agreement dated January 7, 2021 (amended on 11/18/22) between Grantee and the Roanoke County Department of Parks, Recreation and Tourism (the "Grant Agreement"), Grantee awarded a Forest CORE grant in the amount of $165,450.00 to Roanoke County for purchase of a one-half undivided interest in the Property. The Roanoke County Board of Supervisors accepted and appropriated the Forest CORE grant funding on December 15, 2020 (Ordinance 121520-6). R-14 The Property is bounded by the Roanoke River to the west and is surrounded by lands within Explore Park, a popular outdoor recreational destination for multiple activities including hiking, fishing, camping, mountain biking, disc golf, aerial adventures, kayaking, and tubing. The Property lies predominantly within Roanoke County and will be managed by Roanoke County, per a 99-year lease agreement executed in September 2013 with the Virginia Recreational Facilities Authority. According to Roanoke County's "Explore Park Adventure Plan," adopted by the Roanoke County Board of Supervisors on September 13, 2016 (Resolution 091316-2), the Property is a critical component of a planned expansion across the river known as "Explore Park East and the Pine Mountain Adventure Node." The prohibition of timbering on the Property herein will help to enhance the experience of recreational users on both sides of the river. R-15 The Property extends from the top of Pine Mountain (1,362 feet) on the Roanoke/Bedford county line down steep wooded slopes to the Roanoke River below. The Property is severed by property owned by the Norfolk Southern Railway right-of-way. The upper elevations of the Property can be seen from many areas throughout Explore Park, particularly along the approach to the park from the Blue Ridge Parkway. The restrictions set forth herein will contribute to the scenic views from roads within the park. R-16 The Property lies within the Roanoke River Gorge and this segment of river is designated as "qualified" by the Virginia Department of Conservation and Recreation for listing as a State Scenic River. The Virginia Scenic Rivers Program's intent is to identify, designate and help protect rivers and streams that possess outstanding scenic, recreational, historic, and natural characteristics of statewide significance for future generations. Protection of the Property herein helps preserve the scenic and recreational values of the river. R-17 The Property lies on the Roanoke River Blueway approximately halfway between an upstream access point at Niagara Dam and a downstream access point at Rutrough Point. Blueways are water trails in Virginia including these managed systems of access points and support facilities to allow trail users opportunities for multi -day trips. Restrictions herein 6 prohibiting timbering on the Property will help to preserve the scenic enjoyment of the public using this Blueway. R-18 The Property borders the Roanoke River along a segment designated by the Virginia Department of Wildlife Resources as "Threatened and Endangered Species Waters," due to occurrences of the Roanoke logperch (Percina rex). Protection of the Property herein by prohibiting timbering helps to preserve the habitat for this natural heritage species. R-19 Carbon storage is important in lessening the amount of carbon rising and trapping heat in the atmosphere. According to the Environmental Protection Agency in 2020, forests in the United States currently offset 11.3% of the nation's annual carbon emissions. The provision set forth herein requiring that the forest on the Property be maintained in a natural state will help offset the nation's carbon emissions. R-20 This Easement will yield significant public benefit to the citizens of the Commonwealth as set forth in these recitals and in Section I below. R-21 Grantors and Grantee desire to protect in perpetuity the conservation values of the Property as specified in Section I by restricting the use of the Property as set forth in Section II. R-22 Grantee has determined that the restrictions set forth in Section II (the Restrictions) will preserve and protect in perpetuity the conservation values of the Property and will limit use of the Property to those uses consistent with, and not adversely affecting, the conservation values of the Property and the governmental conservation policies furthered by this Easement. R-23 Grantee, by acceptance of this Easement, designates the Property as property to be retained and used in perpetuity for the preservation and provision of forestal, recreational, or open -space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural or archaeological aspects of real property pursuant to the Open -Space Land Act. NOW, THEREFORE, in consideration of the foregoing recitals, incorporated herein and made a part hereof, and in consideration of the mutual covenants herein and their acceptance by Grantee, Grantors do hereby grant and convey to Grantee for the public purposes set forth below an open -space easement in gross (this "Easement") over, and the right in perpetuity to restrict the use of, the Property ("Property"), which is described below and consists of 42.9429 acres located in Bedford County and Roanoke County, accessible from Breezewood Lane, to -wit: Parcel 1 All that certain tract or parcel of land lying, being, and situate in the Blue Ridge Magisterial District, Bedford County, Virginia, bearing Bedford County Tax Map No. 172 A 14A and containing 8.1053 acres as shown on that plat entitled "PLAT SHOWING ALTA/NSPS LAND TITLE SURVEY OF 31.2162 AC. 1,359,780 S.F. BEING TAX #172 A 14A 8.1053 ACRES (353,068 S.F.) AND TAX #080.00-05-17.00-0000 23.1109 ACRES (1,006,712 S.F.) PROPERTY OF VIRGINIA 7 RECREATIONAL FACILITIES AUTHORITY D.B. 705, PG. 310 (PARCEL II) (BEDFORD COUNTY) D.B. 1294, PG. 313 (PARCEL II) (ROANOKE COUNTY) AND BETTY W. MAYES WILL INSTRUMENT #180000218 (BEDFORD COUNTY) WILL INSTRUMENT #202100621 (ROANOKE COUNTY) SITUATED NEAR THE TERMINUS OF BREEZEWOOD LANE BLUE RIDGE MAGISTERIAL DISTRICT BEDFORD COUNTY, VIRGINIA VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA" dated November 22, 2022 and recorded as Instrument #230004741 in the land records of the Bedford County Circuit Court Clerk's Office. and Parcel 2 All that certain tract or parcel of land lying, being, and situate in the Blue Ridge Magisterial District, Bedford County, Virginia, bearing Bedford County Tax Map No. 172 A 42 and containing 11.7267 acres as shown on that plat entitled "PLAT SHOWING ALTA/NSPS LAND TITLE SURVEY TAX #172 A 42 11.7267 ACRES (510,814 S.F.) PROPERTY OF VIRGINIA RECREATIONAL FACILITIES AUTHORITY D.B. 705, PG. 310 (PARCEL II) (BEDFORD COUNTY) D.B. 1294, PG. 313 (PARCEL II) (ROANOKE COUNTY) AND BETTY W. MAYES WILL INSTRUMENT #180000218 (BEDFORD COUNTY) SITUATED AT THE TERMINUS OF BREEZEWOOD LANE BLUE RIDGE MAGISTERIAL DISTRICT BEDFORD COUNTY, VIRGINIA" dated November 22, 2022 and recorded as Instrument #230004742 in the land records of the Bedford County Circuit Court Clerk's Office. Parcels 1 and 2 being owned by the Board of Supervisors of Roanoke County, Virginia and the Virginia Recreational Facilities Authority as tenants in common, with the Board of Supervisors of Roanoke County, Virginia accepting their one-half interest in the said property by Deed dated May 31, 2023 recorded in the Clerk's Office of the Bedford County Circuit Court on June 13, 2023 as Instrument #230004743, and the Virginia Recreational Facilities Authority accepting their one-half interest in the said property by Deed dated October 18, 1988 recorded in the Clerk's Office of the Bedford County Circuit Court on October 20, 1988 at Deed Book 705 Page 310. Parcel 3 All that certain tract or parcel of land lying, being, and situate in the Vinton Magisterial District, Roanoke County, Virginia, bearing Roanoke County Tax Map No. 080.00-05-17.00-0000 and containing 23.1109 acres (19.0486 acres east of the Norfolk Southern Railway track and 4.0623 acres west of the Norfolk Southern Railway track) as shown on 8 that plat entitled "PLAT SHOWING ALTA/NSPS LAND TITLE SURVEY OF 31.2162 AC. 1,359,780 S.F. BEING TAX #172 A 14A 8.1053 ACRES (353,068 S.F.) AND TAX #080.00-05-17.00-0000 23.1109 ACRES (1,006,712 S.F.) PROPERTY OF VIRGINIA RECREATIONAL FACILITIES AUTHORITY D.B. 705, PG. 310 (PARCEL II) (BEDFORD COUNTY) D.B. 1294, PG. 313 (PARCEL II) (ROANOKE COUNTY) AND BETTY W. MAYES WILL INSTRUMENT #180000218 (BEDFORD COUNTY) WILL INSTRUMENT #202100621 (ROANOKE COUNTY) SITUATED NEAR THE TERMINUS OF BREEZEWOOD LANE BLUE RIDGE MAGISTERIAL DISTRICT BEDFORD COUNTY, VIRGINIA VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA" dated November 22, 2022 and recorded as Instrument #202304104 in the land records of the Roanoke County Circuit Court Clerk's Office. Parcel 3 being owned by the Board of Supervisors of Roanoke County, Virginia and the Virginia Recreational Facilities Authority as tenants in common, with the Board of Supervisors of Roanoke County, Virginia accepting their one-half interest in the said property by Deed dated May 31, 2023 recorded in the Clerk's Office of the Roanoke County Circuit Court on June 7, 2023 as Instrument #202304106, and the Virginia Recreational Facilities Authority accepting their one-half interest in the said property by Deed dated October 18, 1988 recorded in the Clerk's Office of the Roanoke County Circuit Court on October 20, 1988 at Deed Book 1294 Page 313. The Property is shown as Parcel ID Numbers 172-A-42 and 172-A-14A among the land records of the County of Bedford, Virginia and as Parcel ID Number 080.00-05-17.00-0000 among the land records of the County of Roanoke, Virginia. Even though the Property consists of three parcels for real estate tax purposes and it may have been acquired previously as separate parcels, it will be considered one parcel for purposes of this Easement, and the restrictions of this Easement will apply to the Property as a whole and will bind Grantors and Grantors' successors in interest in perpetuity. This conveyance is made subject to all conditions, restrictions, reservations, restrictive covenants, and easements of record, but is not intended to re -impose any of them. SECTION I -PURPOSES The purpose of this Easement is to preserve and protect the conservation values of the Property in perpetuity by imposing the restrictions on the use of the Property set forth below in Section II and providing for their enforcement in Section III. The conservation values of the Property are 9 described in the above recitals, are documented in the Baseline Documentation Report described in Section IV below, and include the Property's open -space, scenic, recreational, and natural values. Grantors covenant that no acts or uses are currently being conducted or will be conducted on the Property which are inconsistent with the conservation purposes of the conveyance. SECTION II - RESTRICTIONS Restrictions are hereby imposed on the use of the Property, which run with the land in perpetuity and are binding on Grantors, their successors and assigns. The acts that Grantors covenant to do or not to do upon the Property and the restrictions that VOF is hereby entitled to enforce are and shall be as follows: 1. DIVISION. The Property shall be maintained as a whole, and separate conveyance of a portion of the Property is prohibited, regardless of the number of tax map parcels or tracts it currently encompasses and regardless of the subdivision regulations of Bedford and Roanoke Counties as they now exist or may change from time to time. For purposes of this Easement, division of the Property also includes, but is not limited to, (a) recordation of a subdivision plat, (b) judicial partitioning of the Property, (c) testamentary partitioning of the Property, or (d) pledging for debt of a portion of the Property. 2. IMPERVIOUS COVERAGE LIMITATIONS. (i) Impervious coverage is the roof area measured in square feet of all three-dimensional buildings and structures, excluding walls and fences and the ground area measured in square feet of all two-dimensional surfaces exceeding 2,000 square feet not including roads or driveways. For the purposes of this Easement solar panels are to be considered impervious surfaces. Total impervious coverage, including that of both existing and additional improvements, may not exceed 20,000 square feet. (ii) If Grantors can demonstrate that an increase in the total impervious coverage would result in increased protection of the Conservation Values, Grantee may approve such increase. 3. BUILDINGS, STRUCTURES, ROADS, DRIVEWAYS, PARKING AREAS, TRAILS, AND UTILITIES No buildings, structures, roads, driveways, parking areas, trails, or utilities, other than the following, are permitted on the Property: (i) Non-residential buildings and structures. Non-residential buildings and structures on the Property commonly and appropriately incidental to public 10 recreational activities, including, but not limited to, restroom facilities, picnic shelters, observation tower, zip line towers, and informational kiosks, all sized appropriately to serve as amenities for public recreational activities as described in Section II Paragraph 4 below, with the right to construct, use, enlarge, maintain, and replace such buildings and structures, all subject to the impervious coverage limitations set forth in Section II Paragraph 2 above and any other restrictions set forth elsewhere in this Easement. (ii) Roads, parking areas, and trails. (a) Private roads and driveways to serve permitted buildings and structures and permitted uses and activities and parking areas for the public; (b) Private roads or driveways and access easements over same to serve adjacent properties, provided such roads have the prior written approval of Grantee, which approval will take into consideration the impact of the roads on the conservation values of the Property; and (c) Trails including, but not limited to, hiking, biking, and equestrian trails. (iii) Utilities and renewable energy facilities. (a) Public or private utilities within existing rights -of -way therefor, consistent with any recorded instrument granting such rights -of -way; and (b) Public or private utilities and renewable energy facilities used to harness natural renewable energy sources such as sunlight, wind, water, or biomass to serve permitted buildings, structures, or activities on the Property. Such limitation will not prohibit the sale of excess power generated incidentally in the operation of renewable energy facilities. 4. ACTIVITIES. No activities other than the following are permitted on the Property, provided, however, that such activities may not be carried out in a way that is inconsistent with the conservation purpose of this Easement: (i) outdoor public recreational activities, such as, nature study, photography, hiking, biking, equestrian use, zip lines, and bird watching, but not activities requiring ballfields, tennis courts, or similar facilities, or activities requiring material alteration of the surface of the land; (ii) natural resource -based educational or scientific activities, provided that they are consistent with the conservation purposes of this Easement and do not impair the Conservation Values of the Property; 11 (iii) small-scale incidental commercial operations compatible with activities set forth in (i) and (ii) above; (iv) management of wildlife; (v) the sale of power in the operation of renewable energy facilities as provided in Section II Paragraph 3 (iii) (b) above; and (vi) restoration, enhancement, or development of ecosystem functions, including forest restoration activities. 5. MANAGEMENT OF FOREST. No timbering is permitted other than for the following purposes: (i) cutting of trees for maintenance of cleared areas (shown as "Development Areas A, B and C" on the sketch attached hereto as Exhibit A) to be used for permitted parking areas, roads, utilities, buildings, and non-residential buildings and structures allowed above; (ii) cutting of trees for creation and maintenance of trails and zip lines; (iii) cutting of trees, with prior written approval of Grantee, for wildlife habitat management or for the protection or enhancement of natural heritage resources, which approval or disapproval shall take into consideration the ecological importance of tree cover and avoidance of forest fragmentation; (iv) removal of trees posing an imminent hazard to the health or safety of persons or to property; (v) removal of invasive trees or other invasive species or (vi) removal of trees that are diseased, storm -damaged, or have died naturally. In general, the forest shall be maintained in its natural state. Forest management practices conducted shall comply with a Forest Stewardship Plan approved by Grantee with the intent of maintaining or restoring the ecological health and function of the forest and such practices may not be employed primarily for commercial purposes. Best Management Practices (BMPs), as defined by the Virginia Department of Forestry, shall be used to control erosion and protect water quality when a material timber harvest is undertaken, that may be required for (iii), (v), or (vi) above. A pre -harvest plan shall be submitted to Grantee for approval no later than fourteen days before the proposed date of a material timber harvest. The pre -harvest plan shall describe the BMPs to be used in sufficient detail to ensure that water quality will be protected. 12 6. LANDSCAPE ALTERATION, EXCAVATION, AND MINING. (i) Grading, blasting, filling, excavation, or earth removal may not materially alter the topography of the Property except (a) for restoration, enhancement, or development of ecosystem functions on the Property as permitted and limited under Section II, Paragraph 4 (vi) above, or (b) as required in the construction of permitted buildings, structures, driveways, roads, trails, and utilities. (ii) Grading, blasting, filling, or earth removal in excess of one acre for the purposes set forth in subparagraph (i) above requires 30 days' prior notice to Grantee. (iii) Surface mining on the Property, subsurface mining from the surface of the Property, and drilling for oil or gas or other minerals on the Property are prohibited. 7. MEASUREMENTS AND DETERMINATION OF PERMEABILITY All measurements of length, width, square footage, height, and quantity set forth in Section II Paragraphs 1 through 6 above may be made only by employees, agents, or other representatives of Grantee in accordance with common and standard methods of measurement. In addition, determination of whether a particular surface is permeable or impermeable may be made only by employees, agents, or other representatives of Grantee. 8. PUBLIC ACCESS. The public shall have a right of daily access to the Property for recreational uses at times and locations set by Grantors, subject to reasonable restrictions to ensure the security of the Property and safety of the public. Notwithstanding the above, Grantors retains the right to exclude the public from the Property, or a portion thereof, in case of emergency or disaster (for as long as is necessary to abate the emergency or disaster), for maintenance of the Property, and as necessary for resource management and protection. Grantors, in its discretion, may charge fees for access to the Property. SECTION III — ENFORCEMENT 1. RIGHT OF INSPECTION. Employees, agents, and other representatives of Grantee may enter the Property or use remote inspection methods from time to time for purposes of (i) inspection (including photographic documentation of the condition of the Property), (ii) flagging or otherwise marking the boundaries of specific areas or zones on the Property that are restricted as to the structures or activities allowed thereon in Section II above, and (iii) enforcement of the terms of this Easement after reasonable notice to Grantors or Grantors' representative, provided, however, that in the event of an emergency, entrance may be made to observe, document, prevent, terminate, or mitigate a potential violation of these restrictions with notice to Grantors or Grantors' representative being given at the earliest practicable time. 13 2. ENFORCEMENT. (i) Grantee, in accepting this Easement, commits to protecting the conservation purposes of the Easement and has the resources necessary to enforce the restrictions set forth herein. Grantee has the right to bring a judicial proceeding to enforce the restrictions, which right specifically includes the right (a) to require restoration of the Property to its condition on the Effective Date or to require restoration of the Property to its condition prior to a violation hereof, provided that such prior condition was in compliance with the provisions of this Easement; (b) to recover any damages arising from non-compliance; (c) to compel Grantors to disgorge to Grantee any proceeds received in activities undertaken in violation of the restrictions set forth herein; (d) to require Grantors to replant or pay for the replanting of trees on the Property in the event that Grantors harvests timber in violation of any restrictions set forth in Section II above; (e) to enjoin non-compliance by temporary or permanent injunction; and (f) to pursue any other appropriate remedy in equity or law. In any legal action or other proceeding brought regarding the Grantors' compliance with the terms of this Easement, the prevailing party shall be entitled to recover its reasonable costs, which may include costs of restoration (if the Grantee prevails), court costs, expert witness costs, and reasonable attorneys' fees, in addition to any other payments ordered by the court. Grantee's delay shall not waive or forfeit its right to take such action as may be necessary to ensure compliance with this Easement, and Grantors hereby waive any defense of waiver, estoppel, or laches with respect to any delay or failure to act by Grantee. (ii) Notwithstanding any other provision of this Easement, Grantors shall not be responsible or liable for any damage to the Property or change in the condition of the Property (a) caused by fire, flood, storm, Acts of God, governmental act, or other cause outside of Grantors' control or (b) resulting from prudent action taken by Grantors to avoid, abate, prevent, or mitigate such damage to or changes in the condition of the Property from such causes. (iii) Nothing in this Easement shall create any right in the public or any third party to maintain any judicial proceeding against Grantors or Grantee. The conveyance of this Easement to Grantee does not affect the property rights of contiguous landowners or vest in any contiguous or nearby landowners rights in the Property or in the administration of this Easement by Grantee. SECTION IV — DOCUMENTATION Grantors have made available to Grantee, prior to conveyance of this Easement, documentation sufficient to describe the condition and character of the Property, and the Baseline Documentation Report (BDR) describes the condition and character of the Property on the Effective Date. The BDR may be used to determine compliance with and enforcement of the terms of this Easement. However, the parties are not precluded from using other relevant evidence or information to assist in that determination. The parties hereby acknowledge that the BDR contained in the files of Grantee is an accurate representation of the Property. 14 Grantee may compile written reports and photographic or other visual media documentation of the condition of the Property from time to time as a result of inspection of the Property pursuant to Section III Paragraph 1. Right of Inspection above. SECTION V — GENERAL PROVISIONS 1. DURATION. This Easement will be perpetual. It is an easement in gross that runs with the land as an incorporeal interest in the Property. The covenants, terms, conditions, and restrictions contained in this Easement are binding upon, and inure to the benefit of, Grantors and its successors in title to the Property, or any portion thereof or interest therein, and will continue as a servitude running in perpetuity with the Property. The rights and obligations of an owner of the Property under this Easement terminate upon proper transfer of such owner's interest in the Property, except that liability for acts or omissions occurring prior to transfer will survive transfer. 2. GRANTORS' REPRESENTATIONS AND WARRANTIES. Grantors represent, covenant, and warrants that (i) Grantors have good fee simple title to the Property (including the mineral rights located under the surface of the Property), (ii) Grantors have all right and authority to give, grant and convey this Easement, (iii) the Property is not subject to any purchase options, deed of trust liens, mortgage liens, or other liens to this Easement, (iv) no consent of any third party is required for Grantors to enter into this Easement, and (v) each person signing on behalf of Grantors is authorized to do so. 3. ACCEPTANCE. Grantee accepts this conveyance pursuant to Virginia Code Section 10.1-1801, which acceptance is evidenced by the signature of a Deputy Director or Staff Attorney by authority granted by Grantee's Board of Trustees. 4. INTERACTION WITH OTHER LAWS. This Easement does not permit any use of the Property that is otherwise prohibited by federal, state, or local law or regulation. Therefore, even though certain structures, infrastructures, or activities are permitted on the Property by this Easement, this does not guarantee that such structures, infrastructures, or activities will be permitted by federal, state, or local governments, which permission will depend upon federal, state, or local laws or regulations. Neither the Property, nor any portion of it, has been or may be proffered or dedicated as open space within, or as part of, a residential subdivision or any other type of residential or commercial development; proffered or dedicated as open space in, or as part of, any real estate development plan; or proffered or dedicated for the purpose of fulfilling density requirements to obtain approvals for zoning, subdivision, site plan, or building permits. No development rights that have been encumbered or extinguished by this Easement may be transferred to any other property pursuant to a transferable development rights scheme, cluster development arrangement, or otherwise. Grantors and Grantee intend by this Easement to permanently and irrevocably terminate and extinguish all development rights (except such rights as are specifically reserved to Grantors by this Easement) that are now, or hereafter may be, allocated to, implied, reserved, or inherent in or to the Property. 15 5. CONSTRUCTION. Pursuant to the public policy of the Commonwealth of Virginia favoring land conservation, any general rule of construction to the contrary notwithstanding (including the common-law rule that covenants restricting the free use of land are disfavored and must be strictly construed), it is the intent of the parties hereto that this Easement and all language contained herein be liberally construed in favor of the grant to effect the purposes of this Easement. If any provision of this Easement is found to be ambiguous, an interpretation that is consistent with the purposes of this Easement (to protect the Conservation Values of the Property and prevent the exercise of reserved rights in a way that would impair such values) and that would render the provision valid will be favored over any interpretation that would render it invalid. Notwithstanding the foregoing, lawful acts or uses consistent with the purposes of and not expressly prohibited by this Easement are permitted on the Property. 6. REFERENCE TO EASEMENT IN SUBSEQUENT DEEDS. It is the intention of Grantors and Grantee that this Easement be referenced by deed book and page number, instrument number, or other appropriate reference in any deed or other instrument conveying any interest in the Property, provided that any failure of Grantors to comply with this requirement will not impair the validity of this Easement, limit this Easement's enforceability in any way, or constitute a violation of this Easement. 7. NOTICE TO GRANTEE AND GRANTORS. (i) For the purpose of giving notices hereunder the current address of Grantee is PO BOX 85073 PMB 38979, Richmond, Virginia 23285-5073, US, the current address of the Virginia Recreational Facilities, Authority is and the current address of the County of Roanoke is (ii) Grantors must notify Grantee in writing at or prior to closing on any inter vivos transfer other than a deed of trust or mortgage on all or part of the Property. Failure to give such notification will not impair the validity of this Easement, limit its enforceability in any way, or constitute a violation of this Easement. 8. NOTICE AND APPROVAL. (i) Grantors agree to notify Grantee in writing at least 30 days before undertaking any activity or exercising any reserved right that may have an adverse effect on the Conservation Values of the Property as encumbered by this Easement. (ii) Grantors and Grantee acknowledge that, in view of the perpetual nature of this Easement, they are unable to foresee (a) all potential future land uses, (b) future technologies, and (c) future evolution of the land and its resources affecting the Property or the conservation purpose of this Easement. In addition, Grantors and Grantee recognize that (a) best management practices, (b) climate, (c) the ecological state of the region, and (d) scientific knowledge will change over time. Because of this acknowledgement and recognition, Grantors further agree to notify 16 Grantee in writing at least 30 days before undertaking any activity or exercising any reserved right that, because of unforeseen or changed circumstances, involves activities regarding, which the restrictions in this Easement are silent or indeterminate. (iii) Such notice under subparagraph (i) or (ii) must describe the nature, scope, location, timetable, and any other material aspect of the proposed activity in sufficient detail to allow Grantee to ensure that such activity will not have an adverse effect on the Conservation Values of the Property as encumbered by this Easement. Such notice affords Grantee an adequate opportunity to either prohibit or approve and monitor such activities to ensure that they are carried out in a manner not having such adverse effect. (iv) Grantee may grant its consent to such activities if it determines, in its sole discretion, that the performance of such activities (a) does not confer upon Grantors an impermissible private benefit, (b) does not violate any of the terms of this Easement, and (c) does not have an adverse effect on the Conservation Values of the Property. (v) Circumstances that may justify Grantee's approval of activities regarding which this Easement is silent or indeterminate include: (a) disease, pests, fire, storms, or natural disasters; (b) changes in scientific knowledge, technology, or best management practices; (c) the existence of threatened or endangered species on or abutting the Property; (d) changes in climate affecting the condition of the Property or property in the surrounding area; or (e) other unforeseen circumstances that threaten or have an adverse effect on the Property or its Conservation Values. (vi) Grantors may not undertake any such proposed activity or exercise any such reserved right unless and until Grantors receives Grantee's approval in writing. 9. NO MERGER. Grantors and Grantee agree that in the event that Grantee acquires a fee interest in the Property, this Easement will not merge into the fee interest, but will survive the deed and continue to encumber the Property. 10. ASSIGNMENT BY GRANTEE. Assignment of this Easement is permitted by Virginia Code Section 10.1-1801, but Grantee may not transfer or convey this Easement unless Grantee conditions such transfer or conveyance on the requirement that (i) all restrictions set forth in this Easement are to be continued in perpetuity and (ii) the transferee is a public body as defined in Section 10.1-1700 of the Open -Space Land Act. Grantee must notify Grantors in writing at or prior to closing that this Easement is being assigned and to whom it is being assigned. 11. CONVERSION OR DIVERSION. Grantors and Grantee intend that this Easement be perpetual and acknowledge that no part of the Property may be converted or diverted from its open -space use except in compliance with the provisions of Section 10.1-1704 of the Open -Space Land Act, which does not permit loss of open space. 17 12. AMENDMENT. Grantee and Grantor may amend this Easement to enhance the Conservation Values of the Property or add acreage to the restricted property by an amended deed of easement, provided that no amendment may (i) affect this Easement's perpetual duration or remove this Easement from any portion of the Property, (ii) conflict with or be contrary to or inconsistent with the conservation purpose of this Easement, or (iii) reduce the protection of the Conservation Values of the Property. No amendment will be effective unless documented in a notarized document executed by Grantee and Grantors and recorded in the Clerks' Offices of the Circuit Courts of Roanoke and Bedford Counties. 13. COST RECOVERY CHARGES. Grantee reserves the right to recover its costs incurred in responding to requests initiated by Grantors involving matters such as easement amendments, project reviews for ecosystem services, preparation of reports to facilitate sales, access or utility easements over the Property, and requests for approval under Section V Paragraph 8 above. Such cost recovery charges will be determined and periodically adjusted by Grantee's Board of Trustees, as set forth in a published fee schedule. 14. JOINT OWNERSHIP. If Grantors at any time owns the Property or any portion of or interest therein in joint tenancy, tenancy by the entirety, or tenancy in common, all such tenants will be jointly and severally liable for all obligations of Grantors set forth herein. 15. SEVERABILITY. It is the express intent of the parties hereto that all provisions of this Easement be considered and construed as part of the whole and that no provision will be applied in isolation without consideration of the overall purposes of this Easement. Nevertheless, if any provision of this Easement or its application to any person or circumstance is determined by a court of competent jurisdiction to be invalid, the remaining provisions of this Easement will not be affected thereby. 16. ENTIRE AGREEMENT. This instrument (including Exhibit A) sets forth the entire agreement of the parties with respect to this Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to this Easement whether verbal or written. 17. CONTROLLING LAW. The interpretation and performance of this Easement will be governed by the laws of the Commonwealth of Virginia, resolving any ambiguities or questions of the validity of specific provisions in a manner consistent with the provisions of Section V, Paragraph 6 above in order to give maximum effect to its conservation purposes. 18. RECORDING. This Easement will be recorded in the land records in the Clerks' Offices of the Circuit Courts of Roanoke and Bedford Counties, and Grantee may take any steps necessary in said clerks' offices to preserve its rights under this Easement in the future. 19. COUNTERPARTS. This Easement may be executed in one or more counterpart copies, each of which, when executed and delivered, will be an original, but all of which will 18 constitute one and the same Easement. Execution of this Easement at different times and in different places by the parties hereto will not affect the validity of this Easement. 20. DEFINITIONS. For purposes of this Easement, the phrase "Effective Date" shall mean the date upon which this Easement was first put to record in the Circuit Court Clerks' Offices of Roanoke and Bedford Counties. The words "currently" or "existing" shall mean currently or existing on the Effective Date. Time shall be calculated in calendar days, not business days. WITNESS the following signatures and seals: [Counterpart signature pages follow.] 19 [Counterpart signature page 1 of 3 of deed of open -space easement] GRANTOR The County of Roanoke, Virginia BY: (title) COMMONWEALTH OF VIRGINIA CITY/COUNTY of , to -wit: I, the undersigned, a Notary Public in and for the jurisdiction of the name is signed to the foregoing deed bearing date of acknowledged the same before me in my jurisdiction aforesaid. Given under my hand this day of My commission expires on Registration Number: (SEAL) Approved as to form: County Attorney aforesaid, do certify that , Virginia whose , has this day NOTARY PUBLIC 20 [Counterpart signature page 2 of 3 of deed of open -space easement] GRANTOR Virginia Recreational Facilities Authority BY: (title) COMMONWEALTH OF VIRGINIA CITY/COUNTY of , to -wit: I, the undersigned, a Notary Public in and for the jurisdiction of the name is signed to the foregoing deed bearing date of aforesaid, do certify that , Virginia whose , has this day acknowledged the same before me in my jurisdiction aforesaid. Given under my hand this day of My commission expires on Registration Number: (SEAL) NOTARY PUBLIC 21 [Counterpart signature page 3 of 3 of deed of open -space easement] Accepted: VIRGINIA OUTDOORS FOUNDATION, By: COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF , TO WIT: The foregoing instrument was acknowledged before me this day of , 20 by , a Deputy Director/Staff Attorney of the Virginia Outdoors Foundation. Notary Public My commission expires: (SEAL) Registration No. 22 (27 Ao c<A0 \ � o •C t,\\ \\ VICINITY MAP 635 BREEZEWOOD LANE PROJECT SITE SHERLYN LANE 633 634 633 GRAvez HILL RD, 634 EXHIBIT "A" PREPARED BY THE ROANOKE COUNTY DEPT. OF DEVELOPMENT SERVICES 5204 Bernard Drive Roanoke, Virginia 24018 - P.O. Box 29800 Office: (540) 772-2083 Fax: (540) 776-7155 SCALE: 1"= 150' DATE: SEPTEMBER 26, 2023 SHEET 1 OF 3 TAX # 7 72 A 1 4 VIRGINIA RECREATIONAL FACILITIES AUTHORITY D.B. 696, PG. 614 (BEDFORD CO.) 0 \ 0 1 OOO� / Pi 0 TAX#172A 15 VIRGINIA RECREATIONAL FACILITIES AUTHORITY D.B. 696, PG. 14 (BEDFORD CO.) 6'_9 N8=248.5 T` 8.1053AC. \r,.,,(s2'1\ 1 23.1109 AC. -\ 1 TAX # 7 72 A 74A \ VIRGINIA RECREATIONAL \ / FACILITIES AUTHORITY D.B. 1294, PG. 313 - PARCEL I / (ROANOKE CO.) & ROANOKE COUNTY WILL INSTRUMENT #180000218 (BEDFORD CO.) P.B. 65 PG. 138 - 140 (BEDFORD CO.) INSTRU # 230004741 - 230004743 (BEDFORD CO.) TAX #080.00-05- 1 7.00-0000 VIRGINIA RECREATIONAL FACILITIES AUTHORITY D.B. 1294, PG. 313 - PARCEL I (ROANOKE CO.) & ROANOKE COUNTY WILL INSTRUMENT #202100621 (ROANOKE CO.) INSTRUMENT #202304104 - #202304106 (ROANOKE CO.) EX. IPr \ TIE I S79'42'44"E I104.09' (IP to 43) I DEVELOPMENT AREA DEVELOPMENT AREA "Be 0.1 304 AC. (5,681.1 3 S.F.) (CENTERLINE POINTS 31 & 47 - 54) 819.4 ��— _-4 N - 198. 82, TAX # 7 72 A 42 VIRGINIA RECREATIONAL \ FACILITIES AUTHORITY \ D.B. 705, PG. 310 (PARCEL II) (BEDFORD CO.) D.B. 1294, PG. 313 (PARCEL II) (ROANOKE CO.) & ROANOKE COUNTY WILL INSTRUMENT #180000218 (BEDFORD CO.) P.B. 65 PG. 138 - 140 (BEDFORD CO.) INSTRU # 230004741- 230004743 /'/ (BEDFORD CO.) -�2 44" 510,814 S.F. 11.7267 AC. 686 03�——_84=3' DEVELOPM AREA "A" 0.7650 (33,323.63 (CENTERLINE POINT A= 120 00'00" R= 50.00 T= 86.60 L= 104.72 BRG. N6352'40"W CHD. 86.60 R=53.68' L=75.23' Tan=45.28' D=80.17'38" CH=N10'10'49"W CHORD DIST=69.22' rI C lr 0.0114 AC. (49E1.65 S.F.) (CORNERS 43 - 44 &55-56) DEVELOPMENT AREA BCu 0.3484 AC. (15,177.55 S.F.) (CORNERS 38 - 46) TAX#172A 47 VIRGINIA RECREATIONAL FACILITIES AUTHORITY D.B. 695, PG. 301 --� (BEDFORD CO.) NOTE:--�— "SOUTHERN MOST CORNER ----- OF DEVELOPMENT AREA "C" LIES ON ADJACENT PARCEL. IS NOT PART OF VOF ESMT." THIS EXHIBIT IS NOT BASED ON A CURRENT FIELD SURVEY. 1 251 716o7 TAX #172A 44 VIRGINIA RECREATI FACILITIES AUTHO D.B. 705, PG. 303 (BEDFORD 1. 2. 3. 4. 5. DEVELOPMENT AREA "A" LINE TABLE (CENTERLINE) . WIDTH 25' (0.7650 AC.) LINE LENGTH BEARING LINE LENGTH BEARING 1-2 27,47' N38°11'12"E 20-21 13.01' N68°50'45"W 2-3 30.85' N29°58'01"E 21-22 27.43' N58°28'41"W 3-4 69.22' CH=N10°10'49"W 22-23 34.32' N66°55'101W 4-5 22.27' N50°19'38"W 23-24 33.06' N68°47'56"W 5-6 27.41' N57°37'21"W 24-25 70.20' N70°21'01"W 6-7 24.93' N72°27'361W 25-26 19.65' N73°36'031W 7-8 29.97' N62°59'06"W 26-27 23.17' N75°39'31"W 8-9 31.09' N56°36'54"W 27-28 30.32' S89°33'54"W 9-10 40,77' N49°02'271W 28-29 42,72' N88°02'471W 10-11 26.93' N54°28'001W 29-30 17.25' S84°00'041W 11-12 30.20' N56°06'23"W 30-31 32.91' S62°21'14"W 12-13 43,87' N59°24'401W 31-32 5,74' S24°10'461W 13-14 39.43' N52°13'481W 32-33 30.35' S08°04'201E 14-15 48.16' N52°36'35"W 33-34 38.08' S15°02'27"E 15-16 37.08' N55°00'10"W 34-35 121.43' S10°36'31"E 16-17 36.34' N50°02'501W 35-36 25.52' S05°55'291E 17-18 38.66' N55°55'54"W 36-37 32.02' S01°09'31"W 18-19 55.66' N51°53'00"W 37-38 19.01' S10°27'22"W 19-20 53.91' N51°09'221W TITLE EXIST THIS 29, 2010. 22, 2022. THE OF A MAY THAT LIMITS FEMA. FIELD COUNTY) COUNTY) VIRGINIA SUBDIVISION SHOWN DEVELOPMENT AREA" B " LINE TABLE (CENTERLINE) WIDTH 25' (0.1304 AC.) DEVELOPMENT AREA " C " LINE TABLE TAX # 172 A 42 (0.3484 AC.) LINE LENGTH BEARING LINE LENGTH BEARING 31-47 30.05 S70°23'57"W 38-39 111.49' N48°32'44"W 47-48 17.52 S46°42'20"W 39-40 33.04' S70°52'17"W 48-49 17.52 S30°34'591W 40-41 36.06' S38°47'481W 49-50 18.18 S07°18'08"W 41-42 26.10' S14°39'26"W 50-51 24.90 S05°47'55"E 42-43 124.19' S44°43'44"E 51-52 15.53 S00°25'501W 43-44 57.09' S79°42'44"E 52-53 66.17 S35°46'30"E 44-45 53.76' N20°55'41"E 53-54 77.89 S37°28'02"E 45-46 28.84' N13°43'391W NOTES: THIS EXHIBIT WAS PREPARED WITHOUT THE BENEFIT REPORT BY A LICENSED ATTORNEY, THEREFORE, THERE ENCUMBRANCES WHICH AFFECT THE SUBJECT PROPERTY NOT BE SHOWN HEREON. THE PROPERTY SHOWN HEREON DOES NOT FALL WITHIN A SPECIAL FLOOD HAZARD AREA AS DESIGNATED BY OPINION IS BASED ON A INSPECTION OF THE FLOOD INSURANCE RATE MAPS AND HAS NOT BEEN VERIFIED BY ACTUAL ELEVATIONS. SEE MAP #51019C0405D, DATED SEPTEMBER "ZONE" UNSHADED. AREA OF MINIMAL FLOOD HAZARD. LEGAL REFERENCES: INSTRU. # 230004740 (BEDFORD INSTRU. # 202304106 (ROANOKE REFERENCE PLAT BY LUMSDEN ASSOCIATES P.C., FOR RECREATIONAL FACILITIES AURTHORITY. DATED NOVEMBER INSTRU. # 230004742 (BEDFORD COUNTY) INSTRU. # 230004741 (BEDFORD COUNTY) INSTRU. # 202304104 (ROANOKE COUNTY) THIS EXHIBIT DOES NOT CONSTITUTE A SUBDIVISION UNDER CURRENT BEDFORD COUNTY AND ROANOKE COUNTY AND/OR ZONING ORDINANCES. PROPERTY BOUNDARIES HEREON ARE FROM RECORDS. 46-38 15.97' N48°32'44"W MAY OF DEVELOPMENT AREA " C " LINE TABLE TAX # 172 A 47 (0.0144 AC.) LINE LENGTH BEARING 43-44 57.09' S79°42'44"E 44-56 13.43' S20°55'41"W 56-55 45.31' N71°37'28"W 55-43 11.90' N44°43'44"W SHEET 3 OF 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 24, 2023 ORDINANCE AUTHORIZING THE APPROVAL OF A PERMANENT OPEN -SPACE EASEMENT TO THE VIRGINIA OUTDOORS FOUNDATION ON PROPERTY OWNED JOINTLY BY THE ROANOKE COUNTY BOARD OF SUPERVISORS AND THE VIRGINIA RECREATIONAL FACILITIES AUTHORITY, IDENTIFIED AS ROANOKE COUNTY TAX PARCEL NUMBER 080.00-05-17.00-0000 AND BEDFORD COUNTY TAX PARCEL NUMBERS 172 A 42 AND 172 A 14A WHEREAS, Roanoke County has operated Explore Park since 2013 under a 99- year lease from the Virginia Recreational Facilities Authority (VRFA), a political subdivision of the Commonwealth of Virginia that owns over 1,100 acres along the Roanoke River in Bedford and Roanoke Counties; and WHEREAS, following an extensive public involvement process, Roanoke County developed the 2016 Explore Park Adventure Plan that proposed a new vision for Explore Park as an outdoor adventure recreation destination, and also proposes preserving much of Explore Park in its natural state to allow for passive recreation, open space, and forest conservation; and WHEREAS, there are three parcels totaling 42.94 acres that are located north of the Roanoke River within the boundaries of Explore Park, said parcels being located in Bedford and Roanoke Counties, identified as Roanoke County Tax Parcel Number 080.00-05-17.00-0000 and Bedford County Tax Parcel Numbers 172 A 42, and 172 A 14A (the "three subject parcels"); and WHEREAS, the three subject parcels are owned jointly by the VRFA and the Roanoke County Board of Supervisors, each of which own one-half interest in the three subject parcels; and Page 1 of 3 WHEREAS, Roanoke County's acquisition of one half -interest in the three subject parcels was funded through a Virginia Outdoors Foundation (VOF) Forest CORE Program grant accepted and appropriated by the Board of Supervisors on December 15, 2020 (Ordinance 121520-6); and WHEREAS, the grant agreement executed between Roanoke County and the VOF also requires that forestry and open space restrictions be imposed in perpetuity on the three subject parcels by enforceable restrictions set forth in a deed of open -space easement to be granted to the VOF by Roanoke County and the VRFA; and WHEREAS, the VOF has presented Roanoke County with a Deed of Open -Space Easement with certain restrictions to be imposed in perpetuity on the three subject parcels; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and disposition of real estate be authorized only by ordinance; and WHEREAS, a first reading of this ordinance was held on October 24, 2023 and the second reading was held on November 15, 2023; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a permanent Deed of Open -Space Easement to the Virginia Outdoors Foundation on property owned jointly by the Roanoke County Board of Supervisors and the Virginia Recreational Facilities Authority identified as Roanoke County Tax Parcel Number 080.00-05-17.00-0000 and Bedford County Tax Parcel Numbers 172 A 42 and 172 A 14A is hereby authorized and approved. Page 2 of 3 2. That the County Administrator, Deputy County Administrator, or the Assistant County Administrator, any of whom may act, are hereby authorized to execute the Deed of Open -Space Easement with any revisions as the County Administrator, Deputy County Administrator, or the Assistant County Administrator may deem necessary, which shall be on a form approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. Page 3 of 3 ACTION NO. ITEM NO. G.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 24, 2023 AGENDA ITEM: Ordinance approving a permanent easement to the City of Roanoke on property owned by the Roanoke County Board of Supervisors (Roanoke County Tax Map Number 060.11- 04-17.00-0000) for the purpose of constructing and maintaining the City of Roanoke's Glade Creek Stream Restoration Project SUBMITTED BY: Lindsay B. Webb Parks Planning and Development Manager APPROVED BY: Richard L. Caywood County Administrator ISSUE: The City of Roanoke has requested an easement for their Glade Creek Stream Restoration project proposed near Gus Nicks Boulevard on property owned by the Roanoke County Board of Supervisors located in the Town of Vinton, identified as Roanoke County Tax Map No. 060.11-04-17.00-0000. BACKGROUND: The City of Roanoke proposes to construct a stream restoration project on Glade Creek that will extend approximately 1,500 feet downstream and 800 feet upstream of Gus Nicks Boulevard in order to lower sediment discharges to the stream in accordance with the requirements of its Municipal Separate Storm Sewer System Permit. A portion of this project is proposed to be constructed on property owned by the Roanoke County Board of Supervisors which is located in the Town of Vinton, and identified as Roanoke County Tax Map No. 060.11-04-17.00-0000. The project has been designed by Stantec and is being partially funded by the City of Roanoke using a Virginia Stormwater Local Assistance Fund (SLAF) grant. The Deed of Easement was prepared by an attorney for the City of Roanoke, in Page 1 of 3 consultation with County staff; and has been reviewed by the County Attorney's office. The Town of Vinton has also been consulted, and they have no objections to this project. Additionally, pursuant to authority granted by the Board of Supervisors, the County of Roanoke entered into a Memorandum of Understanding with the City of Roanoke on June 27, 2023, to allow the City of Roanoke to act as the local permitting authority for the Erosion and Sediment Control and the Virginia Stormwater Management Program for the portion of their project that is located in the County of Roanoke. DISCUSSION: The City of Roanoke is requesting the following easement on the subject parcel identified as Tax Parcel 60.11-04-17.00-0000, owned by the County of Roanoke and located within the Town of Vinton: "New Variable Width Maintenance Easement" containing 28,388 square feet, more or less, depicted on the plat entitled "Easement Plat Showing Variable Width Permanent Maintenance Easement (28,388 Square Feet /0.6517 Acres) along Glade Creek to be granted to the City of Roanoke, Virginia, by the Roanoke County Board of Supervisors, Situated adjacent to Vale & Kermit Avenues N.E. and Gus Nicks Boulevard Town of Vinton, Roanoke County, Virginia" dated July 5, 2023, prepared by Lumsden Associates, P.0 The property currently contains the Glade Creek Greenway, a greenway trailhead parking lot, athletic fields, a bus garage, and a parking area for Roanoke County Schools. The County of Roanoke donated easements for the Glade Creek Greenway to the Town of Vinton in 2016 and 2019. Construction will be totally contained within the stream restoration easement area along the creek. Construction access for the work is planned from the west (City of Roanoke) side of the creek along Kermit and Vale Avenues with no access occurring across the County owned property. The public using the Glade Creek Greenway will be separated from the construction activities by a construction safety fence. Construction within the easement is anticipated to begin in the Fall of 2023. Once construction is complete, the City of Roanoke will be responsible for all future maintenance. The construction and operation of the City of Roanoke's Stream Restoration of Glade Creek is not anticipated to impact any County park facilities or uses. There have been no changes since the first reading of this ordinance held on October 10, 2023 Page 2 of 3 FISCAL IMPACT: There are no fiscal impacts anticipated to Roanoke County as a result of this agenda item. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance. Page 3 of 3 4 1,1!j1II11Li 1 + 1 ! 1 , e , 1 1 1 ' 1 --L--L_I�,I _i L� [�J �,5_,6 r _ Vale Avenue N.K, f Ken�wond •Subdivision f +1 P.& 1, PG. 255 (Roamke County) , i CI Plan 266D j LLJ1LLL Property or+d Easement Boundary from Comers C-37 through C-47 runs with the Center of ode Creek being the Division tine of Roanoke County/Town of Vinton and The City of Roonoko Virginia • A__ CC551 J sue i04318) /osa11-04-0:60-0006 Properly of 0f1N7Y NANO Of SUPERVISORS etneheat /2o13138o9 :oe ly Scholl Booed Sobdhrmon rment /201212052 (Prot) s K e n INSTRUMENT # wood Subdivision P.15 1. PC. 265 (Remake County) J Pier 2962 i _! PTP F455-Ar-lez9,y 0 ~ Vale Avenue N. E. a New Veria5le Width Maintenance Easement Roanoke County Career Center zy' SaniiorY sewer Easement (Instrument ` ` J ^etm�t4Yh Access fasemerF" 0679I} \ 10'x 19' Drainage Easement (Inslrument 601905531) Tor /060.11-64-1Z00-0000 Property at ROANOKE COUNTY NOARO Cie SUPERVISORS bailsman! /201313869 Lar A-18, County Shod Board Suhdhisfmr IoaWmelt F01212052 (Plat) Tar /060.11-ol-2200-0000 Property of IMg BYRD 667 Instrument /201765880 Lot 8-1, County School Boots &±4544I r lnebroned /201212652 (Plot) Easement Plot Showing Variable Width Permanent Maintenance Easement (28,388 Swore Feet/0.6517 Acres) along Fade Creek do be granted do the City of Roanoke, Virginia by the Roanoke County Board of Supervisors Situated adjacent to Vale & Kermit Avenues ME and Gus Nicks Boulevard roan of Vinton Roanoke County, Virginia t T 1050 11-04-21.00-0000 Prtperty of TOSMV OF 14h7LW Deed Book 164, Page 145 Property of TON11 Cr 4M70G51 Mooted 20t-e-WEry 4d Wrlo, 1121 Rood 11DO7 Project /118G0-128-I15 RW-201, C-501, Sheets 6-8 Varfoble Width C4eenway Easement (Instrument #201905E31) \ \. `�\ ♦ ♦ ♦\ \ \. INSTRUMENT # 0) aT N 0 n 0 r0•r INSTRUMENT # 4 LINE TABLE —NEW VARIABLE WIDTH EASEMENT fie; MAINTENANCE UNE BEAR94O DISTANCE UNE BEARING DISTANCE CI-C2 N 49E2'17" E 7.26' C25-C26 N 2479'22' E 31.35' 62-C3 N 3073'08' E 20.95' C26-27 N 3156'58' E 3215' C3-C4 N 609327' E 28.96' 527-528 N 377 '34' E 39.40' C4-65 N 3775'01' £ t7.95 C28-C29 N 53'49'13' £ 21.92' C5-05 N 2017'54' E 11.42' C25-C30 N 4052'56' E 4467' C6-C7 N 34173:54' E 3529' C30-G31 N 4820'35' E 36.56' C7-C8 N R75SY E 6165' C31-C32 N 7470'30' E 77.79' 58-59 N .1959'30' E 4971' 732-533 N 4939'28' E 4872' CD-510 N 305926' E 78.84' C33-C34 N 53y0f6" £ 3720' C1D-C1f N 1521'16' E 3597' C34-C35 N 625797' E N 06E7'57' W 42.58' - 4.69' • • C11-C12 N 0592'04' E 27.50' C35-C36 Cl2-C13 N 6819"33" E 30,97' 53d-C37 N 0559 J9' W 27,73' 71.3-714 N 17'31'50' E 39.82' 737-738 S 557528' W 19974' CI4-CI5 N 1590'415' E 72.97' C38-09 $ 4618'20P W 422' C15-C16 N 174500' W 19.97' 033-040 5 4121109' W 6535' Me-C17 N 02-40'57 E 23.90' C40-G4f S .3511'43' W 60.81' C17-C1B N 072733' W 20.65' 041-042 5 167493' W 9042' 719-CI9 N 0629'53' E 15.E' C42-C43 S 0652'49' W 12724' C19-720 N 1059'26'E 7538 C43-C44 S 0214'03' W f7357' C26-721 N 020226" W 4025' 744-745 5 112729' W 21502' 621-622 N 041172' E 69.00' 545-548 $ 419702' W 210.39' C22-523 N 120715` E 3737 646-747 $ 4313'48' W 1885' 523-724. N 1829'03' E 3540' 747-67 5 4052'30' 7 2807' C24-C25 N 33116511' E 10.85' ' • - Omalas Chad 84ving E Olataam Told Arse. .05517 Ac-es / 29366 Swore Feel CURVE TABLE p/Rr¢ RAMS WHOM rANCENr CNO4D BEAR9Na DF1TA C3i-C36 5010' 4.89' 245 4.80' N 06DY57 W 3116'46' IYSICAL 8111PROMIIENIS NOYE110E4 9r OF A CURRINT TIRE Y AFFECT 111E SUBJECT :1'£CfAL F5055 HAZARD N 15 BASED ON AN 1NSPECRSW 45 BEEN MIRED BY ACTUAL 187E DATED ST715118ER 29 AOED). VC (NOD ea) FOR 185 PROECr E77Mi4K ANO RES TO ?NE GTY 01RFACE COORDINATES 7E5 AT POINT /10007 18.177 BY A MIMED SCALE AND THE SPECIAL FLOOD E NOT SHORN NEREON. IN THE CLERKS OFFICE OF NNE CIRCUIT COURT OF ROANOKE COUNTY, NRCINIA, 7NIS PLAT Mix THE GERRFTCATE OP ACKNOWLEDGMENT, THERETO ANNExEs1, 15 AOM11750 TO RECORD ON 2023, AT O'CLOCK �Al. 7tsltt: RHONDA D. PEROII5 CLERK DEPUTY CLERK Easement Plat Showing Variable Width Permanent Maintenance Easement (28,388 Square Feet/O.6517 Acres) along Glade Creek to be granted to the City of Roanoke, Virginia by the Roanoke County Board of Supervisors Situated adjacent to Vale A' Kermit Avenues N.E. and Gus Nicks 8oulewrd Town o1 Vrnton Roanoke County, Virginia SHEET 1 OF 2 INSTRUMENT # Prepared by: David L. Collins Senior Assistant City Attorney VSB #42673 Office of the City Attorney Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 464 Roanoke, VA 24011 Exemptions claimed: Grantee is exempted from Clerk's fees pursuant to §17.1-266, Code of Virginia. Grantor and Grantee are exempted from recordation taxes and fees, pursuant to §58.1-811(A)(3) and §58.1-811(C)(3), Code of Virginia. Roanoke County Parcel No. 060.11-04-17.00-0000 Property Owner: Roanoke County Board of Supervisors THIS DEED OF EASEMENT is entered into this _ day of , 2023, by ROANOKE COUNTY BOARD OF SUPERVISORS ("Grantor"), and the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ("Grantee"), WITNESSETH: WHEREAS, Grantor is the owner of certain real property located in the Town of Vinton, in Roanoke County, Virginia, at 301 Gus Nicks Blvd., Roanoke, Virginia, and designated as Roanoke County Parcel No. 060.11-04-17.00-0000 ("Property"), WHEREAS, Grantee needs a permanent maintenance easement across the Property to perform work and perpetual maintenance in connection with the City of Roanoke's Glade Creek at Gus Nicks Blvd Stream Restoration Project ("Project"), a public works project designed to reduce sediment loads within the Roanoke River by stabilizing and restoring approximately 2,921 of linear feet of Glade Creek, a tributary of the Roanoke River, and provide for the installation of stream features and bank structures, grading for floodplain reconnection, and increased flood storage, and establishment of a riparian buffer, and perform such other work on the Property, as described herein (the "Work"); and WHEREAS, Grantor desires to convey such easement to Grantee upon the terms and conditions stated below. NOW THEREFORE, THAT FOR AND IN CONSIDERATION of the sum of TEN AND NO/DOLLARS ($10.00) cash in hand paid by the Grantee to Grantor, receipt of which is hereby acknowledged, and of the benefits to accrue to Grantor from the construction of the Project, and the above recitals which are incorporated herein, Grantor hereby GRANTS AND CONVEYS unto Grantee, a permanent public maintenance easement ("Easement") across certain sections of the Property as shown on the sheets attached hereto as Exhibit A, which are incorporated herein by reference, for the purpose of completing the Project, as further described in the above recitals in connection with the Work, including and not limited to, installing and thereafter maintaining, and operating the Project within the area of the Easement, with all necessary appurtenances thereto, and Grantor does hereby assign, transfer and set over unto Grantee any and all right, title and interest it may have in and to said facilities and all necessary appurtenances, which interest shall not interfere with Grantor's use of its property, thereto installed by Grantee within the area of such Easement, said Easement being over, through and across a portion of real estate lying in the Town of Vinton, in Roanoke County, Virginia, bearing Roanoke County Official Parcel No. 060.11-04- 17.00-0000: Roanoke County Official Parcel No. 060.11-04-17.00-0000: A NEW VARIABLE WIDTH PERMANENT MAINTENANCE EASEMENT, containing 28,388 square feet, more or less, depicted on the plat entitled " Easement Plat Showing Variable Width Permanent Maintenance Easement (28,388 Square Feet /0.6517 Acres) along Glade Creek to be granted to the City of Roanoke, Virginia, by the Roanoke County Board of Supervisors, Situated adjacent to Vale &Kermit Avenues, N.E. and Gus Nicks Boulevard Town of Vinton, Roanoke County, Virginia" dated July 5, 2023, prepared by Lumsden Associates, P.C., on record in the Clerk of Circuit Court's Office for the County of Roanoke as Instrument No. , on file in the Stormwater Division for the City of Roanoke, Virginia. The Grantee agrees to provide two (2) working days' prior written notice to the Grantor before entering the Property to perform any of the Work, including without limitation design, surveying, and other preliminary tasks related to the Work. Grantee agrees that the construction of the Project will not result in any excavation that steepens any slopes within 5-feet of the edge of pavement of the existing Greenway. In the event that construction results in excavation occurring within 5-feet of the edge of pavement of the existing Greenway, the Grantee shall correct the grading to restore original grade or provide other provisions acceptable to the County. Grantor acknowledges that Grantee shall have the foregoing rights within the area of the Easement, subject to any and all existing limitations that may be imposed by easements or conveyances that exist as of the time of execution of this Instrument: 1. To perform excavation, and removal and disposal of excavation soil in accordance with all local, state and federal laws. 2. To clear brush, trees, debris, undergrowth, and remove other obstructions located within the area of the easement. The City and its contractors have inventoried all trees within project limits above 12" DBH, and have indicated protection of some specific trees identified in Exhibit B. Trees that have been identified to be saved shall have tree protection installed around them, and the County shall approve the installed tree protection, prior to the start of work. 3. To remove and replace any County owned utilities that may need to be moved, at Grantee's sole cost and expense 4. Regrading and excavation of stream banks. 5. To install various natural and artificial structures within the area of the Easement to reduce soil erosion. 6. To perform any additional activities reasonably related to stream bank stabilization and restoration, and the rights conveyed above. 7. To maintain the Work under the City's Long-term Maintenance guidelines per grant funding requirements. On an annual and as needed basis, perform inspection of the Work to ensure proper structural integrity and management of invasive plant species outlined in Exhibit C. 8. If after the completion of construction, the Grantee desires to cut down any tree with a size greater than 4" DBH, The Grantee shall obtain the Grantor's written approval prior to cutting the tree down. Any brush or trees or other vegetation that is cut for maintenance purposes shall be removed from the property by the Grantee. Grantee further acknowledges that upon completion of the Project, it will restore any of Grantor's Property disturbed or damaged solely a result of Grantee's Work, to the same condition in which the Property existed prior to commencement of the Work performed by Grantee within the area of the Easement, at Grantee's expense. The Grantor agrees that the Grantee will not be expected to restore the Property to the identical original condition, but rather as near thereto as is practicable to the same condition in which the Property existed at the time Grantee's work within the Easement commenced, and that the Grantor, at no cost to Grantor, will cooperate with the Grantee in effectuating such restoration. Grantee undertakes both directly and through its contractors, to take every reasonable precaution at all times for the protection of all persons and property at the location of the Work or in the vicinity of the Work or that may be affected by it or such contractor's operation in connection with the Work. Grantee agrees to require its contractors performing the Work to maintain adequate protection of all the Work to prevent damage to it and shall protect property from any injury or loss arising in connection with the Work, and to protect adjacent property owners to prevent any damage to it or loss of use and enjoyment by its owners. Grantee agrees to require its contractors to be responsible for the entire Work, and to indemnify and hold harmless Grantor for any claims brought against Grantor arising solely from the Work performed by such contractors on the Property. Grantor acknowledges that it will take no action to obstruct the Easement herein granted, and that Grantor shall not construct or build any improvement within the area of the Easement that might adversely impact the operation of the Project. Grantor shall obtain the written approval of the Grantee, which will not be unreasonably withheld, prior to constructing or building any improvement within the area of the Easement. Grantor maintains the right to access the Easement area to perform any self-imposed inspections, or oversight of performance of the Work and thereafter. At the Grantor's request, the Grantee will coordinate walkthroughs of the Project to ensure protection, and maintenance of the Property within the Easement area. The Easement conveyed herein, and the terms, conditions, and restrictions imposed therein, shall be binding upon the Grantor and Grantor's agents, heirs, and assigns, and successors in title, and shall continue as a servitude running in perpetuity with the Property. The City of Roanoke, Virginia, by and through its duly authorized City Manager, accepts this conveyance in accordance with Section 15.2-1803 of the Code of Virginia (1950) as amended as evidenced by his signature below. Richard L. Caywood, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the approval by the Roanoke County Board of Supervisors of this Deed of Easement pursuant to Ordinance approved by the Roanoke County Board of Supervisors on the day of , 2023. WITNESS the following signatures and seals: GRANTEE: CITY OF ROANOKE, VIRGINIA By: Robert S. Cowell, Jr., City Manager Approved as to Form: Approved as to Execution Assistant City Attorney Assistant City Attorney City of Roanoke City of Roanoke COMMONWEALTH OF VIRGINIA' CITY/COUNTY OF ' To -wit: GRANTOR: ROANOKE COUNTY BOARD OF SUPERVISORS By: (SEAL) Printed Name: Title: The foregoing instrument was acknowledged before me this day of , 2023, by , the , of Roanoke County Board of Supervisors , for and on behalf of the Roanoke County Board of Supervisors. My Commission expires: Notary Public Registration No. Exhibit A Delineation of Temporary Construction and Permanent Maintenance Easement Attached as separate document Exhibit B Specifications for Tree Protection within Easement Eleven (11) trees with a DBH greater than 12" have been identified within the Project LOD and within the requested Easement area as "save". In addition to the adherence of all federal, state, and local requirements for tree clearing and disposal of trees designated for removal as part of Work, these save trees shall be protected following the Virginia Erosion and Sediment Control measures outlines in Standard and Spec. 3.38. Referencing Spec. 8d, Plastic fencing shall be used to protect the save trees and their drip lines to the extent possible. The Work within the requested Easement consists of light hand -grading, and planting, with no large equipment infringing on the drip line areas. d. Plastic Fencing - 40-inch high "international orange" plastic (polyethylene) web fencing secured to conventional metal "T' or "U" posts driven to a minimum depth of 18 inches on 6-foot minimum centers shall be installed at the limits of clearing. The fence should have the following minimum physical qualities: Tensile yield: Average 2,000 lbs. per 4-foot width (ASTM D638) Ultimate tensile yield: Average 2,900 lbs. per 4-foot width (ASTM D638) Elongation at break (%): Greater than 1000% (ASTM D638) Chemical resistance: Inert to most chemicals and acids 1992 CORRECT METHODS OF TREE FENCING CORRECT TRUNK ARMORING TRIANGULAR BOARD FENCE Source: Va. DSWC 3,38 Plate 3.38-2 Exhibit C Long-term Maintenance of the Project The following monitoring requirements have been outlined to fulfill the special conditions included in the U.S Army Corps of Engineers (COE) Nationwide Permit #27 (excerpt below), under which restoration activities have been authorized. Monitoring for the success of the stream restoration will consist of an as -built survey upon completion to ensure conformance with the approved design, visual inspection and photo documentation of the stream dimension and pattern, and inspection of the stability of the stream structures, vegetation and observed wildlife/macro invertebrates. Upon completion of construction, as as -built report shall be prepared and submitted to the U.S Army Corps of Engineers (COE) and Virginia Department of Environmental Quality (DEQ) as described below. As -Built Survey Upon completion of construction (within 6 weeks of construction closeout), a certified as - built survey will be prepared for distribution to state agencies. The survey shall include the following: • Plan view and longitudinal profiles of the restored stream; • Plan view of finished grade topography; and • Structures data and locations for in -stream grade control structures Photo Monitoring Monitoring photographs shall be taken to document site conditions for all disturbed areas, including overbank plantings. Photos of restoration/planting areas shall be taken facing upstream, downstream, towards the left bank, and towards the right bank from ground level every 100 feet along the restored stream channel, with additional photos as required to show replanted overbank areas. The monitoring report shall document the approximate location of the photo stations on a plan view exhibit and using stream station information as given in design/as-built plans, noting cardinal direction and orientation relative to flow (i.e. upstream/downstream). Post -Construction Monitoring Post -construction monitoring will be performed as described below for a period of two (2) years. Additional monitoring consistent with protocols outlined below shall be conducted as needed to maintain MS4 and TMDL pollutant reduction credits — typically a five (5) year cycle. Timing Post -construction monitoring shall be conducted in the September/October time period during the 1st and 2nd growing season following completion of construction. Visual Survey 1. A visual survey to assess the stability of the restored stream shall be conducted by walking the entirety of the restored section of the main stem and the restored tributaries and inspecting the conditions of the installed structures and the restored stream bed and banks. Notes shall be made regarding habitat characteristics to include any observations of wildlife/benthic macroinvertebrates. Monitoring Success Criteria A. Stream buffer restoration areas 1. All project areas shall achieve full vegetation cover. Where poor vegetative establishment is observed (less than 80% surface coverage) additional seed consistent with that specified in design plans shall be provided, and re -seeded areas mulched with straw at a rate of two (2) tons per acre. 2. Visual descriptions shall be provided with each monitoring report using ground level photographs taken at the photo monitoring stations established during the as -built monitoring. An accompanying narrative shall include estimated percent vegetative cover and dominant vegetation type. 3. Woody plant coverage (live -stakes, tublings, container grown material, and volunteers) along stream banks shall achieve a density of at least one (1) stem per five (5) linear feet by the end of the first growing season and for each monitoring year thereafter. B. Stream channel restoration areas 1. The stream shall be walked and structures visually inspected and any areas of erosion shall be noted and photo documented. The stream restoration shall be deemed successful if, based on the monitoring inspectors best professional judgement, the restored stream is stable (i.e there are no signs of excessive erosion or structure failure). Any areas where erosion is seen shall be documented and recommendations/corrective actions outlined. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 24, 2023 ORDINANCE APPROVING A PERMANENT EASEMENT TO THE CITY OF ROANOKE ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (ROANOKE COUNTY TAX MAP NUMBER 060.11-04-17.00-0000) FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING THE CITY OF ROANOKE'S GLADE CREEK STREAM RESTORATION PROJECT WHEREAS, the Board of Supervisors owns property at 301 Gus Nicks Boulevard, Vinton, Virginia 24179 (the Roanoke County Career Center property) identified as Roanoke County Tax Map Number 060.11-04-17.00-0000 (hereinafter "the County Property"); and WHEREAS, as part of the City of Roanoke's Glade Creek at Gus Nicks Boulevard Stream Restoration Project, the City of Roanoke has requested a permanent easement from the Board of Supervisors across the County Property to perform work and perpetual maintenance in connection with this project; and WHEREAS, the City of Roanoke's Glade Creek at Gus Nicks Boulevard Stream Restoration Project is a public works project designed to reduce sediment loads within the Roanoke River by stabilizing and restoring approximately 2,921 of linear feet of Glade Creek, a tributary of the Roanoke River, and provide for the installation of stream features and bank structures, grading for floodplain reconnection, and establishment of a riparian buffer; and WHEREAS, granting the easement to the City of Roanoke to support the City of Roanoke's Glade Creek at Gus Nicks Boulevard Stream Restoration Project benefits the citizens of Roanoke County by positively improving the quality of the water in Glade Creek and the Roanoke River; and Page 1 of 3 WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and disposition of real estate be authorized only by ordinance; and WHEREAS, a first reading of this ordinance was held on October 10, 2023 and the second reading was held on October 24, 2023; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provision of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for conveyance to the City of Roanoke for the Glade Creek at Gus Nicks Boulevard Stream Restoration Project. 2. That conveyance to the City of Roanoke of a permanent public maintenance easement as shown and described as "New Variable Width Maintenance Easement" on the plat titled "Easement Plat Showing Variable Width Permanent Maintenance Easement (28,388 Square Feet /0.6517 Acres) along Glade Creek to be granted to the City of Roanoke, Virginia, by the Roanoke County Board of Supervisors, Situated adjacent to Vale & Kermit Avenues N.E. and Gus Nicks Boulevard Town of Vinton, Roanoke County, Virginia" dated July 5, 2023, prepared by Lumsden Associates, P.C, attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County accepts and appropriates the payment of $10.00 as fair market value compensation for this permanent public maintenance easement. 4. That the County Administrator, Deputy County Administrator, or the Assistant County Administrator, is hereby authorized to execute such documents (including the Deed of Easement) and take such further actions as may be necessary to Page 2 of 3 accomplish this conveyance, all of which shall be on a form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. Page 3 of 3 ACTION NO. ITEM NO. G.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 24, 2023 AGENDA ITEM: Request to accept and allocate the Virginia 9-1-1 Services Board fiscal year 2024 Data Maintenance and Data Transfer grant in the amount of $5,000 SUBMITTED BY: Susan Slough Director of Emergency Communications APPROVED BY: Richard L. Caywood County Administrator ISSUE: Request to accept and allocate funds in the amount of $5,000 in grant funding from the Virginia 9-1-1 Services Board. BACKGROUND: GIS and data grant programs were requested by Virginia Public Safety Answer Points(PSAP) to meet local needs in keeping GIS data layers critical for Next Generation 9-1-1 current and accurate to ground conditions and available for Next Generation 9-1-1 Core services and local PSAP systems. DISCUSSION: The grant funds will be used to maintain the ETL (Extract, Transform and Load) script to support the regional PSAPs mapping files used by Roanoke County, Roanoke City and City of Salem 9-1-1 centers. This allows for when one locality updates information, all the jurisdictions can update there. FISCAL IMPACT: Awarded grant state funds total $5,000. There is no County match required with the acceptance of this grant. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds for data maintenance and data transfer in the amount of $5,000. Page 2 of 2 Shawn Talmadge Chairman VDEM Hon Kevin W. Hall Sheriff Vice Chairman City of Covington Sharon Lawrence Treasurer Comptroller Justin Martin Finance Director Carroll County Julie Henry Virginia State Police Gary Critzer Emergency Mgmt/ EMS Dir City of Waynesboro Todd Brewster Police Chief Town of Blacksburg Terry Ellis Comcast John DiBacco Fire Chief City of Norfolk Patricia Turner Loudoun County Pete Hatcher AT&T Michelle Painter Lama T Mobile Matthew Ogburn Verizon Comminications Robert Osmond CIO - VITA Judson W. Smith Bedford County Gabe Elias swIC Advisor Dorothy Spears -Dean, Ph.D. Deputy State Coordinator VDEM (804) 840-7260 Virginia 9-1-1 Services Board September 28, 2023 Dear Roanoke County PSAP: I am pleased to advise you that the Virginia 9-1-1 Services Board has approved your FY24 Data Maintenance and Data Transfer grant request on 9/14/2023. You have been awarded the following grant: Grant ID: FY24-DMDT-029 Award Amount: $5,000.00 Award Period Start: 9/14/2023 Award Period End: 6/30/2024 Payment will be made on a reimbursement basis only for allowable costs. All funding requests must be submitted on the PSAP Grant Funding Reimbursement Form and submitted to psapgrants@vdem.virginia.gov. All supporting documentation required by the grant guidelines should be attached to the form when it is submitted. If you need to review the grant guidelines or need copies of grant reimbursement forms, you can visit the Public Safety Communications Division website which is located at https://psc.vdem.virginia.gov/. All grant funds for this award must be expended by 6/30/2024. If you have any questions, please do not hesitate to contact me or your NGS Outreach Manager. Questions can also be directed to the PSAP Grants mailb ox: psapgrants@vdem.virginia.gov. Congratulations on your grant award! Sincerely, Mary Binford Public Safety Communications Coordinator Mary Binford PSC Coordinator VDEM (804) 536-8177 Saving lives through effective emergency management and homeland security. "A Ready Virginia is a Resilient Virginia." ACTION NO. ITEM NO. G.6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 24, 2023 AGENDA ITEM: Request to accept and allocate $28,181 from the Bureau of Justice Assistance (BJA) fiscal year 2023 Edward Byrne Memorial Justice Assistance (JAG) Grant SUBMITTED BY: Michael Poindexter Chief of Police APPROVED BY: Richard L. Caywood County Administrator ISSUE: Request the acceptance and allocation of $28,181 from the (BJA) fiscal year 2023 Edward Byrne Memorial Justice Assistance Grant for use by the Police Department BACKGROUND: The United States Department of Justice has awarded funding to the Roanoke County Police Department through fiscal year 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $28,181. The funding from this grant will be used to provide protective vests for the Department's Special Weapons and Tactics Team, portable ballistic shields for uniform officers, new uniforms for the Department's Field Force Team and new speed measurement devices for the Department's traffic division. DISCUSSION: The Office of Justice Programs has awarded funding to the Roanoke County Police Department to help cover the costs for the following equipment: eleven new ballistic vests for members of the Department's Special Weapons and Tactics Team. These vests will be in compliance with NIJ-Standard-0101.06. Two new ballistic shields rated at level 3 ballistics. These shields will be available for uniform officers to utilize in high - risk warrant service, hostage rescue, barricaded subjects and any other situation where a shield may be useful. Twenty-one new uniforms for our Field Force Team. The original uniforms were purchased in 2016 and with personnel changes and aged Page 1 of 2 uniforms, replacement of the uniforms is necessary. We will also be purchasing three new speed measurement devices for the Department's Traffic Division. The purchase of these devices will enhance the traffic safety enforcement of our department. FISCAL IMPACT: Awarded federal funds total $28,181. No matching funds are required. STAFF RECOMMENDATION: Staff recommends the Board accept and allocate $28,181 from the fiscal year 2023 JAG grant to the Grant Fund. Page 2 of 2 Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance Washington, D. C. 20531 Name and Address of Recipient: ROANOKE, COUNTY OF 5204 BERNARD DR City, State and Zip: ROANOKE, VA 24018 Recipient UEI: GX4HPU2KPHE3 Project Title: FY 23 Edward Byrne Memorial Justice Assistance Grant Award Number: 15PBJA-23-GG-03876-JAGX Solicitation Title: BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Federal Award Amount: $28,181.00 (Federal Award Date: 9122/23 Awarding Agency: Office of Justice Programs Bureau of Justice Assistance Funding Instrument Type: Grant Opportunity Category: D Assistance Listing: 16.738 - Edward Byrne Memorial Justice Assistance Grant Program Project Period Start Date: 10/1/22 Project Period End Date: 9/30/26 Budget Period Start Date: 10/1/22 (Budget Period End Date: 9/30/26 Project Description: The Roanoke County Police Department proposes to implement the Edward Byrne Memorial Justice Assistance Grant. The purpose is to enhance the safety of personnel of the Roanoke County Police Department and its citizens. Project activities include the purchase of eight Special Weapons and Tactics team vests carriers level IV, Mobile Field Force uniforms, two portable ballistic shields level III, and speed measurement devices. The expected outcome is to provide an increased level of safety to officers and citizens by providing the necessary equipment to perform at the highest level as well as the reduction of crime and traffic violations. Page: 1 of 23 ACTION NO. ITEM NO. G.7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 24, 2023 AGENDA ITEM: Proclamation commending United Way of Roanoke Valley On its 100th Anniversary SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Proclamation commending United Way of Roanoke Valley on its 100th anniversary STAFF RECOMMENDATION: Staff recommends approval of the proclamation. Page 1 of 1 1Irnuttg vattnke x �CtL1fltfj11 Ir 0 ROANI I ...**L13"lt 0046 PROCLAMATION COMMENDING UNITED WAY OF ROANOKE VALLEY ON ITS 100TH ANNIVERSARY WHEREAS, the United Way of Roanoke Valley (UWRV) was founded as the Community Fund in 1924, uniting business and community leaders who understood that a thriving economy is intrinsically linked to the well-being of its citizens; and WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, for a century, our community has stood shoulder to shoulder with UWRV, volunteering time, donating generously, and supporting its mission to pool resources, fund local initiatives, and spearhead collaborative efforts that address vital issues such as education, health, financial stability, and basic needs; and through its impactful history, United Way has successfully generated over $232 million, funding programs and partnerships that have enriched the lives of residents across Roanoke, Salem, Vinton, and the counties of Botetourt, Craig, Roanoke, and Franklin; and United Way has been an invaluable partner to us, synergizing with nonprofits, local govemments, businesses, and educational institutions to enact positive change in individual lives, fortify families, rejuvenate neighborhoods, elevate marginalized communities, and ensure equitable opportunities for all; and United Way has been a trailblazer in the health and human services sector, introducing innovative metrics, fostering collective impact, facilitating data sharing, and advocating for systemic change; and countless professionals and community volunteers have honed their leadership skills and deepened their understanding of community needs through their engagement with United Way, participating in workplace campaigns, committees, and task forces aimed at advancing the organization's mission; and WHEREAS, United Way of Roanoke Valley has shown unwavering commitment to uplifting impoverished households and those classified as ALICE (Asset Limited, Income Constrained, Employed), guiding approximately 4,445 families towards self-sufficiency in the past five years and ambitiously aiming to assist 10,000 families by 2030; and WHEREAS, UWRV is marking its Centennial anniversary from October 2023 to October 2024 with the campaign "A Century of Impact, United for a Stronger Future," a seminal moment for the organization to envision its future impact and set its course for the next century; NOW, THEREFORE, BE IT RESOLVED, that we, the Board of Supervisors of Roanoke County, do hereby extend our heartfelt recognition and commendation to the United Way of Roanoke Valley on its 100th anniversary. We salute its enduring commitment to enhancing lives, fostering community cohesion, and creating a legacy of positive change that benefits us all. Presented this 24th day of October 2023 Martha B. Hooker "`,MA, Paul M. Mahoney County of Roanoke Unappropriated Balance, Board Contingency, and Capital Reserves Fiscal Year 2023-2024 Unappropriated Balance % of Revenues Board Contingency Expenditure Contingency Reserves 23 :lose out of completed projects (Ordinance 052323-2) Ordinance 052323-3) (ding approved on April 11, 2023 $ 26,217,687 $ - $ - $ 11,810,663 2,974,113 50,000 608,162 (5,925,138) (2,000,000) $ 29,191,800 12.0% $ 50,000 $ 608,162 $ 3,885,525 COUNTY OF ROANOKE, VIRGINIA CHANGES IN OUTSTANDING DEBT Changes in outstanding debt for the fiscal year to date were as follows: Unaudited Outstanding Outstanding June 30, 2023 Additions Deletions October 24, 2023 VPSA School Bonds $ 77,829,551 $ Lease Revenue Bonds 82,760,000 Subtotal 160,589,551 Premiums 12,147,305 $ 172,736,856 $ $ 8,048,369 $ 69,781,182 3,990,000 78,770,000 12,038,369 148,551,182 12,147,305 - $ 12,038,369 $ 160,698,487 Submitted By Laurie L. Gearheart Director of Finance and Management Services Approved By Richard L. Caywood County Administrator COUNTY OF ROANOKE Comparative Statement of Budgeted and Actual Revenues General Fund - C100 For the Three Months Ending Saturday, September 30, 2023 Prior Year Current Year Revenues Revenues Budget Revenues % of Budget Budget Revenues % of Budget Real Estate Taxes $110,497,500 $3,893,722 3.52% $119,492,000 $4,150,141 3.47% Personal Property Taxes 39,000,000 1,106,992 2.84% 44,500,000 1,354,199 3.04% Public Service Corp Base 4,040,928 8 0.00% 4,220,000 0 0.00% Penalties & Interest on Property Taxes 529,072 227,691 43.04% 1,130,000 208,052 18.41% Payment In Lieu Of Taxes 180,000 0 0.00% 210,000 0 0.00% Total General Property Taxes 154,247,500 5,228,413 3.39% 169,552,000 5,712,392 3.37% Communication Taxes 2,650,000 455,203 17.18% 2,550,000 416,027 16.31% Local Sales Tax 14,267,641 2,453,915 17.20% 15,800,000 2,583,515 16.35% Consumer Utility Tax 3,750,000 595,036 15.87% 3,750,000 592,135 15.79% Business License Tax 7,225,000 88,392 1.22% 7,800,000 186,776 2.39% Franchise Tax 700,000 (42,136) -6.02% 690,000 0 0.00% Motor Vehicle License Fees 2,400,000 157,341 6.56% 2,450,000 160,525 6.55% Taxes On Recordation & Wills 1,800,000 106,803 5.93% 1,650,000 217,797 13.20% Utility License Tax 600,000 54,166 9.03% 575,000 50,551 8.79% Hotel & Motel Room Taxes 1,349,568 135,585 10.05% 1,650,000 130,924 7.93% Taxes - Prepared Foods 4,800,000 950,477 19.80% 6,100,000 1,041,626 17.08% Other Taxes 675,000 273,395 40.50% 1,345,000 226,391 16.83% Total Other Local Taxes 40,217,209 5,228,176 13.00% 44,360,000 5,606,267 12.64% Animal Control Fees 42,500 9,097 21.40% 42,500 6,553 15.42% Land and Building Fees 15,850 3,643 22.98% 15,850 3,244 20.47% Permits 924,107 154,415 16.71% 924,107 128,935 13.95% Prior Year Current Year Revenues Revenues Budget Revenues % of Budget Budget Revenues % of Budget / Fees 64,600 28,639 44.33% 64,600 12,625 19.54% Clerk of Court Fees 127,000 28,188 22.20% 127,000 24,856 19.57% Photocopy Charges 210 0 0.00% 210 0 0.00% Total Permits, Fees and Licenses 1,174,267 223,982 19.07% 1,174,267 176,212 15.01% Fines and Forfeitures 400,000 82,797 20.70% 558,500 79,278 14.19% Total Fines and Forfeitures 400,000 82,797 20.70% 558,500 79,278 14.19% Revenues from Use of Money 90,897 54,163 59.59% 500,000 329,183 65.84% Revenues From Use of Property 178,200 48,661 27.31% 185,014 36,096 19.51% Total Use of Money and Property 269,097 102,824 38.21% 685,014 365,279 53.32% Charges for Services 3,790,100 343,995 9.08% 3,750,400 750,631 20.01% Charges for Public Services 70,000 205 0.29% 70,000 535 0.76% Education Aid -State 0 0 0.00% 0 0 0.00% Total Charges for Services 3,860,100 344,200 8.92% 3,820,400 751,166 19.66% Reimb-Shared Programs Salem Miscellaneous Revenue Recovered Costs 996,464 69,338 6.96% 1,124,084 77,473 6.89% 288,536 129,485 44.88% 298,536 61,036 20.45% 800,129 137,503 17.19% 950,000 318,257 33.50% Total Miscellaneous 2,085,129 Non -Categorical Aid Shared Expenses 402,000 5,752,453 336,326 16.13% 2,372,620 456,766 19.25% 356,570 88.70% 418,000 845,463 14.70% 6,199,847 403,237 96.47% 964,542 15.56% Prior Year Current Year Revenues Revenues Budget Revenues % of Budget Budget Revenues % of Budget Welfare & Social Services -Categorical 3,882,401 726,235 18.71 % 4,786,943 2,002,947 41.84% Other State Categorical Aid 2,468,805 600,575 24.33% 2,468,805 52,478 2.13% Welfare & Social Services 6,250,000 1,070,882 17.13% 6,550,000 0 0.00% Education Aid -Federal 0 0 0.00% 0 0 0.00% Other Categorical Aid 0 0 0.00% 0 0 0.00% Total State and Federal Revenue 18,755,659 3,599,725 19.19% 20,423,595 3,423,204 16.76% Other Financing Sources 2,136,630 0 0.00% 3,900,878 0 0.00% Total Other Financing Sources 2,136,630 0 0.00% 3,900,878 0 0.00% Transfers 0 0 0.00% 0 0 0.00% Total Transfers 0 0 0.00% 0 0 0.00% Grand Totals 223,145,591 15,146,443 6.79% 246,847,274 16,570,564 6.71% COUNTY OF ROANOKE Comparative Statement of Budgeted and Actual Expenditures and Encumbrance General Fund - C100 For the Three Months Ending Saturday, September 30, 2023 Prior Year Current Year Expenditures Exp & Encum Expenditures Exp Budget & Encumbrances % of Budget Budget & Encumbrances % of Legislative 397,452 85,742 21.57% 496,434 94,035 General & Financial Administration 8,765,966 2,245,725 25.62% 9,686,100 2,478,783 Electoral Board & Officials 818,050 116,896 14.29% 878,412 138,507 General Government Administration 9,981,468 2,448,363 24.53% 11,060,946 2,711,325 Courts Other Judicial Support 1,712,191 1,457,425 414,038 390,381 24.18% 26.79% 1,824,442 1,567,615 429,286 418,900 Judicial 3,169,616 804,419 25.38% 3,392,057 848,186 Law Enforcement & Traffic Cont Fire and Rescue Correction & Detention Animal Control Public Safety 16, 755, 911 20,084,555 10,803,757 1,123,804 4,624,204 5,126, 317 2,476,438 271,925 27.60% 25.52% 22.92% 24.20% 19,147,546 23,049,523 12,260,647 1,365,488 5,361,496 6,163,962 2,629,412 331,352 48,768,027 12,498,883 25.63% 55,823,204 14,486,221 General Services Administration 922,357 245,903 26.66% 1,104,225 255,730 Refuse Disposal 5,631,337 1,481,679 26.31% 5,830,467 1,399,907 Maint Buildings & Grounds 5,383,249 1,418,001 26.34% 5,286,786 1,709,008 Engineering 2,310,688 577,134 24.98% 2,582,251 745,161 Inspections 1,116,090 273,929 24.54% 1,193,331 277,516 Garage Complex 0 0 0.00% 0 0 Prior Year Current Year Expenditures Exp & Encum Expenditures Exp Budget & Encumbrances % of Budget Budget & Encumbrances % of Public Works 15,363,721 3,996,646 26.01% 15,997,060 4,387,324 Mental Health 0 0 0.00% 0 0 Public Health 579,181 275,801 47.62% 579,181 144,795 Social Services Administration 8,508,647 2,040,465 23.98% 9,642,017 2,341,442 Comprehensive Services Act 0 0 0.00% 0 0 Public Assistance 4,918,666 1,103,238 22.43% 4,918,666 1,072,545 Social Services Organizations 0 0 0.00% 0 0 Health and Welfare 14,006,494 3,419,503 24.41% 15,139,864 3,558,782 Parks & Recreation 2,533,691 660,952 26.09% 3,166,375 756,820 Library 4,559,319 1,136,278 24.92% 4,865,913 1,217,090 Cultural Enrichment 0 0 0.00% 0 0 Parks, Recreation & Cultural 7,093,010 1,797,230 25.34% 8,032,288 1,973,911 Planning & Zoning 1,539,145 356,621 23.17% 1,874,396 526,485 Cooperative Extension Program 87,097 84 0.10% 115,391 73 Economic Development 561,720 107,496 19.14% 590,862 333,380 Public Transportation 766,930 130,535 17.02% 510,000 48,429 Contribution to Human Service Organizati 0 0 0.00% 0 0 Planning 2,954,892 594,737 20.13% 3,090,649 908,366 Employee Benefits 2,724,380 302,640 11.11% 2,458,302 658,864 Dixie Caverns Landfill Cleanup 67,000 8,419 12.57% 62,700 23,414 Prior Year Current Year Expenditures Exp & Encum Expenditures Exp Budget & Encumbrances % of Budget Budget & Encumbrances % of Miscellaneous 9,994,934 3,149,290 31.51% 10,946,943 3,158,400 Tax Relief/Elderly & Handicapp 1,110,000 734,408 66.16% 1,110,000 947,319 Refuse Credit Vinton 225,000 55,000 24.44% 225,000 0 Board Contingency 2,186,630 0 0.00% 3,632,275 0 Unappropriated Balance 0 0 0.00% 0 0 Non -Departmental 16,307,944 4,249,756 26.06% 18,435,220 4,787,997 Interfund Transfers Out Intrafund Transfers Out Transfers Out 99,702,126 35,656,490 35.76% 109,800,809 38,873,654 5,798,293 3,281,647 56.60% 6,075,177 3,260,201 105,500,419 38,938,137 36.91% 115,875,986 42,133,854 Grand Totals 223,145,591 68,747,674 30.81% 246,847,274 75,795,965 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 24, 2023 AGENDA ITEM: Accounts Paid — September 2023 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: Payments to Vendors Payroll Payroll Payroll Manual Checks Grand Total 09/01/23 09/15/23 09/29/23 Direct Deposit Checks 1,951,615.85 2,076,674.57 2,218,326.48 19,496.05 18,753.09 22,832.70 456.04 A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. Total $ 19,526,648.18 1,971,111.90 2,095,427.66 2,241,159.18 456.04 $ 25,834,802.96 ACTION NO. ITEM NO. J.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 24, 2023 AGENDA ITEM: Work session to review with the Board of Supervisors the status of the County of Roanoke's ongoing Capital Improvement Program (CIP) projects as of June 30, 2023 SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Provide the Board of Supervisors a summary status of completed and active capital projects as required by the Comprehensive Financial Policy BACKGROUND: Per Section 5-4 of the County of Roanoke's Comprehensive Financial Policy, County staff will provide a summary status of completed and active capital projects each year. This presentation provides an overview of the status and financial information of capital projects included in the Capital Improvement Program, along with information regarding the Capital Maintenance Programs. DISCUSSION: The presentation will provide information on recently completed and active capital projects. Financial information included is through fiscal year ending June 30, 2023, which is preliminary and unaudited. Additional information to be provided to the Board of Supervisors at the meeting includes fiscal year 2023 expenditures in the Capital Maintenance Program (CMP) for General Services and Parks, Recreation and Tourism. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact associated with the receipt of the presentation. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors receive information regarding the status of projects within the County's Capital Improvement Program. Page 2 of 2 Capital Projc Status Update Woi (As of June 30, 2023 and required by the Comprehensive I October 24, 2023 Work Session Agenda • Recently Completed Capital Projects • Active Project Status Update by Category • Capital Maintenance Programs 2 Recently Completed Capital Projects 3 Recently Completed Capital P 1 Emergency Communications Digital Microwave Ring Replacement Emergency Communications Public Safety Communications Infrastructure Fire & Rescue Ballistic Body Armor General Services Bent Mountain Community Center Repairs From Left: Digital Microwave Ring Replacement, Public Safety Communications Infrastructure, Ballistic Body A Preliminary and Unaudited Recently Completed Capital P Planning Route 460/Challenger Avenue Study $ Planning Williamson Road Pedestrian Improvements $ Planning Glade Creek Greenway at Vinyard Park West $ Planning Buck Mountain/Starkey Road Intersection $ From Left (VDOT Administered Projects): Future Williamson Road Pedestrian Improvements, Future Glade Creek Greene Preliminary and Unaudited Active Capital Project Status Update 6 Assessments and Studies Department Project Budget FY 2016 FY 2023 Planning 419 Corridor Design and Development Fire & Rescue Fire & Rescue Assessment Planning New Zoning Ordinance General Services RCAC Building Evaluation General Services Facilities Assessment $ 100,0C $ 100,0C $ 50,0C $ 100,0C $ 300,0C 7 Preliminary and Unaudited Capital Maintenance Program Projects Department Economic Development Economic Development Development Services Development Services Broadband Authority Debt Service (payments planned through FY 2027) Woodhaven Property Acquisition & Improvements (payments planned through FY 2037) NPDES-Leachate Management System NPDES-MS4 BMP Construction Budget FY 2016 - FY 2023 $ 2,360,309 $ 1,178,478 $ 430,824 $ 769,063 Preliminary and Unaudited Transportation Projects Department Planning Fallowater Lane Extension1 $ 3,044,048 Planning Plantation Road, Phase 112 $ 2,457,352 1 Project is County and VDOT administered. Funding represents County contribution toward project costs; VDOT funding sources are r 2 Project is County administered. Funding represents the total project costs. 9 Preliminary and Unaudited Buildings and Facilities Projects Department Projec -d Fire & Rescue New Bonsack/460 Fire Station $ 10,325,000 $ Library Hollins Library Replacement $ 200,000 $ Library Mount Pleasant Library Improvements $ 173,579 $ General Services Public Service Center Facility Replacement (Phase I & II) $ 21,343,075 $ Parks, Rec. & Tourism Explore Park Infrastructure Improvements $ 1,400,000 $ Preliminary and Unaudited Computer Infrastructure, Softw( Hardware Projects Information Email and Business Productivity Tools Technology Replacement $ 525,000 Information Technology Rural Broadband Initiative $ 2,686,030 HR / Finance & Management Services Global Human Resources/Payroll $ 2,885,637 Finance & Management Services Dynamics D365 Upgrade $ 720,000 Preliminary and Unaudited Specialty Equipment Capital Pr Department L Budget FY 2016 - FY 2023 Expen FY 20 FY 2 Police Replacement of Firearms $ 379,000 $ Emergency Communications Emergency Medical Dispatch $ 150,000 $ 12 Preliminary and Unaudited Capital Maintenance P 13 General Services CMP Administration Center & Employee Health $ 58,843 Courthouse & Court Services 228,477 General Services & Fleet Center 85,706 Public Safety Building 105,997 Social Services 37,099 Recreation Centers 61,539 Fire & Rescue Stations & Regional Training Center 219,870 Libraries 137,396 Public Service Center & Stormwater 99,390 Other Building & Facility Maintenance 20,054 Total Spent in FY 2023 $ 1,054,371 *Represents expenditures during Fiscal Year 2023, which are preliminary and unaudited. Photos (froi replacemer unit replacf Parks, Recreation & Tourism CN Park/Facility Countywide Updates $ 87,382 Brambleton Center 18,676 Explore Park 214,948 Catawba Center 97,948 Walrond Park 44,815 Wayside Park 34,045 Vinyard Park East 123,576 Green Ridge Rec Center 52,758 Other Improvements 182,493 Total Spent in FY 2023 $ 856,641 Photos (from top, clockv Catawba Rec Center Pia Preliminary and Unaudited Information Technology c Computer Replacement Department/ CommlT County -Wide Computer Replacement Program CommlT IT Infrastructure Replacement Program Preliminary and Unaudited Questions and Comments 17 Attachment A: Status of Capital Projects Board of Supervisors Work Session October 24, 2023 Recently Completed Projects Computer Infrastructure, Software and Hardware Digital Microwave Ring Replacement Emergency Communications • The Digital Microwave Ring Replacement project replaced the County's 14 Microwave Radios, which had been in service since 2006. This project also included an additional Microwave link, to include spare radios. • The rings that were replaced met their anticipated end -of -life date in 2017 and were no longer compatible with the newest operating and flash port software. Public Safety Communications Infrastructure Emergency Communications • The Public Safety Communications Infrastructure project replaced the current mountaintop routers located at all of the Roanoke Valley Radio System sites. The vendor has provided an end - of -life date of 2021 for the existing equipment, which had been in use for 12 years. New routers are computer based and compatible with commercial communication devices. • This project was funded in FY 2021, which coincides with the Digital Microwave Ring Upgrade project. The completion of these projects together provides for a more efficient and seamless upgrade to the overall connectivity of public safety radio system sites. Ballistic Body Armor Fire & Rescue • This project purchased ballistic body armor for all Fire and Rescue personnel which included vests and helmets along with tactical emergency medical equipment for the treatment and transport of patients during an active shooter/intentional mass casualty incident. Buildings and Facilities Bent Mountain Community Center Repairs General Services • The priority was to address the replacement and repair work necessary for the roof as the condition of all the flat roof sections was critical. • Phase I of this project addressed the significant roofing issues related to the building. The design work has been completed, and approval has been provided by the Commonwealth of Virginia Department of Historic Resources. • Phase II of the project prioritized design and construction needs with remaining project funding. Part of the Phase II portion of the project was to replace the HVAC system in the Center. 1 Attachment A: Status of Capital Projects Board of Supervisors Work Session October 24, 2023 Transportation Route 460/Challenger Avenue Study Planning • The Route 460/Challenger Avenue Study project, funded in FY 2022, contracted design services to complete a land use analysis and propose road network changes to serve the properties abutting and in the vicinity of Challenger Avenue between the City of Roanoke and Botetourt County. • This project focused on transportation access, safety, congestion, and the potential for future development of Roanoke County's second busiest highway. Williamson Road Pedestrian Improvements Planning • The Williamson Road Pedestrian Improvement project constructed sidewalks along the north side of Williamson Road between Peters Creek Road and Plantation Road. • This project completed a vital missing link in the pedestrian network between existing and planned accommodations in the Hollins area. • This was a VDOT administered project. Glade Creek Greenway at Vineyard Park West Planning • This project constructed a segment of the Glade Creek Greenway along Glade Creek through Vinyard Park West. • This was a VDOT administered project. Buck Mountain Road and Starkey Road Intersection Improvements Planning • The Buck Mountain Road and Starkey Road Intersection Improvements project replaced the existing "T" intersection with a roundabout. The need for this improvement project was based on a Traffic Analysis Report conducted by VDOT. • This was a VDOT administered project. 2 Attachment A: Status of Capital Projects Board of Supervisors Work Session October 24, 2023 Active Projects by Category Assessments and Studies 419 Town Center Development Standards Planning • The 419 Town Center Development Standards project, funded in FY 2022, will contract design services to develop guidelines and update zoning regulations in the 390-acre 419 Town Center Plan area. • The plan recommends new design principles for the planning area which could include adoption and/or revision of new and existing ordinances as well as new development standards. Development standards will enable County staff to regulate future development and redevelopment in the area according to the Plan recommendations. Fire and Rescue Assessment Fire and Rescue • The Fire and Rescue Assessment project assessed current fire facilities, future placement of facilities, apparatus needs, and fire staffing. The assessment identifies facilities in need of replacement or repair. It also conducted studies to determine the future placement of new fire stations throughout the county. • The assessment identified apparatus needs as facilities are updated, added or replaced. This assessment will also help County staff determine when, where, and what type of stations are needed to best serve the citizens of Roanoke County and determine staffing needs. New Zoning Ordinance Planning • Roanoke County's current Zoning Ordinance was adopted in 1992, which included a comprehensive rezoning of the County. Over the last 29 years, the Zoning Ordinance has been amended on numerous occasions. A major overhaul of the ordinance is needed. • The project proposes hiring a consultant to assist staff with developing a new zoning ordinance. RCAC Building Evaluation General Services • A 2017 Mechanical Systems Assessment, 2018 Building Envelope Evaluation, 2019 Facilities Condition Assessment, and 2021 HVAC Replacement Assessment identified deficiencies with systems and equipment that are failing or have exceeded their service life expectancy. Additional recommendations included the replacement of the building's architectural elements. • The Roanoke County Administration Center Assessment includes Site and Building Assessments that will enable the County to make informed decisions regarding development, redevelopment, and relocation options for the County Administration Center. • An Architectural and Engineering consultant will perform site and building assessments, enabling the County to make informed decisions regarding future upgrades, redevelopment, replacement, or relocation of the Administration Center. 3 Attachment A: Status of Capital Projects Board of Supervisors Work Session October 24, 2023 Facilities Assessment General Services • This project is an update to the 2019 Facilities Conditions Assessment Study to update projects based on current market conditions. • Several critical building systems need replacement or repair and the County would like to update the Facility Conditions assessment in order to prioritize future capital needs. This assessment will also help prioritize projects in the capital maintenance programs. Capital Maintenance Programs and Recurring Projects Roanoke County Broadband Authority Infrastructure Economic Development • The Roanoke Valley Broadband Authority (RVBA) Infrastructure project promotes economic development by providing affordable, high speed broadband services in the Roanoke Valley. The Roanoke Valley Broadband Authority (RVBA) on behalf of Roanoke County and as part of a multi - jurisdictional effort constructed a 25-mile core fiber network in Roanoke County. An additional 10 plus miles has been built during the last two years bringing the total mileage in Roanoke County to over 35 plus miles. • Construction of the core fiber network in the County was completed in October 2017. Annual funding remains in the CIP to support debt service payments for the financing of the project. Woodhaven Property Acquisition & Improvements Economic Development • This project creates a 100+ acre business park, which will be owned and developed by the Western Virginia Regional Industrial Facility Authority (WVRIFA). • The project aims to increase the amount of marketable property in the Roanoke Valley available for business development. The specific goal was to create new large parcels in the 50-100 acres size range, due to consistent prospect interest in larger sites. • Additional property (2 acres) was acquired and rezoned in 2019/2020 to improve the development. Water and sewer utilities were extended into the property in FY 2020. NDPES — Leachate Management System Development Services • This project funds the replacement of the existing leachate management system for the closed Dixie Caverns Landfill. • Obtaining a discharge permit from the DEQ is not financially feasible due to additional treatment requirements. However, the WVWA has improved their downstream system, which has lessened the need for an immediate system upgrade. Therefore, the County will continue to operate the existing system with some minor upgrades to allow the ability for remote operation monitoring. 4 Attachment A: Status of Capital Projects Board of Supervisors Work Session October 24, 2023 NDPES — MS4 BMP Construction Development Services • This program funds capital projects to improve water quality in streams to meet state requirements. The department is currently evaluating options for future grant applications to the state Stormwater Local Assistance Fund (SLAF). Transportation Fallowater Lane Extension Planning • The Fallowater Lane Extension project reconstructs an existing private commercial drive to create a new public street to improve access for future development in the area designated as "The Ridges" as recommended by the 419 Town Center Plan. • The County is administering the Preliminary Engineering and Construction phases, while VDOT is administering the Right -of -Way phase. • Construction is underway and is anticipated to be complete in 2023. Plantation Road, Phase II Planning • The Plantation Road Project Phase 11 continues pedestrian accommodations from the first phase of the project with sidewalk, curb and gutter extending from the Walrond Drive intersection to the Gander Way/Friendship Lane intersection. The Walrond Drive intersection will be realigned and pedestrian signals and crosswalks will be added to the Plantation Road/Gander Way/Friendship Lane traffic signal. Buildings and Facilities New Bonsack/460 Fire Station Fire & Rescue • The New Bonsack/460 Fire Station, funded in FY 2022 and FY 2023, will provide a new and enhanced service as the twelfth station, which would reduce reliance on other locality responses for emergencies. The station will also replace services provided by the Read Mountain Fire Station which is now owned by Botetourt County, and the City of Roanoke's Station #I4. • Land was purchased in the City of Roanoke and all zoning processes have been completed. • Architectural and Engineering work began in FY 2023 with construction to follow. Hollins Library Replacement Libraries and General Services • The Hollins Library Replacement Project is slated to replace the existing Hollins Library, which is the only major branch in the Roanoke County library system that has not been replaced. • Planning and initial design was funded in FY 2023 with additional funding planned in FY 2025 for potential land acquisition. • Construction is planned for bond funding in FY 2026. 5 Attachment A: Status of Capital Projects Board of Supervisors Work Session October 24, 2023 Mount Pleasant Library Improvements Libraries and General Services • The proposed Mount Pleasant Library project provides long-term aesthetic improvements to the exterior facades of the existing library and vacant garage space to include new fenestration, architectural veneers, covered entries, and roof replacements. • Interior improvements include an evening vestibule for civic meetings, architectural interior finishes, and furniture in the garage area to supplement the ongoing library renovations, new accessible toilet facilities, audio-visual equipment, and chair/table storage. • Site improvements include accessible entrances, pedestrian pathways, illuminated paved parking lot, furnished patio area, and landscaped areas. • Design for the above improvements is planned for FY 2024 with construction beginning in FY 2025. These renovations will provide an attractive, useful, and functional library with a civic meeting space for the citizens of the Mount Pleasant community. • Additional improvements for the Mount Pleasant and Bent Mountain Libraries are planned in FY 2030 and FY 2031. Public Service Center Facility Replacement General Services • The Public Service Center Facility Replacement Project began in FY 2017 with the completion of a Building Planning Study. • In FY 2018, County contracted for the acquisition of property to facilitate expansion of Fleet Service Center. In FY 2019, Architectural and Engineering design services for Phase 1 were contracted and commenced. • Phase 1 includes expansion of the existing Fleet Services Center for all General Services department functions, renovation of a section of the facility adjacent to the Fleet Service Center for relocation of the Communications Shop and site management functions for Communications & Information Technology, utilization of the existing site not located within the flood plain for Stormwater Operations, and the relocation a district shop for the Parks, Recreation, and Tourism Department to Green Hill Park. • In FY 2020, the County purchased two additional properties on Hollins Road for the future relocation of Parks, Recreation and Tourism offices and warehouse needs as Phase 11 of the project. Phase 11 is currently underway. Explore Park Phase II Parks, Recreation & Tourism • This project provides funds for the development of Explore Park infrastructure and implementation of the Explore Park Adventure Plan. It provides the necessary park infrastructure to support park operations for citizens and to market the facility for economic development. • The first phase of the project completed water and sewer connections, design of internal park water and sewer systems, design of the road system, bike skills park, building repairs, land studies, broadband connections, land purchase, and road paving. • Additional funding is planned in FY 2026 to expand parking capacity at the park. 6 Attachment A: Status of Capital Projects Board of Supervisors Work Session October 24, 2023 Computer Infrastructure, Software and Hardware Email and Business Productivity Tools Replacement Information Technology • The Email and Business Productivity Tools Replacement project replaces the existing email program and will also explore implementation of other business productivity tools. • Groupwise, Roanoke County's current email platform, is gradually becoming less supported. A move to Microsoft's M365 platform is the preferred option to move forward. Assessment of current business activities and email usage occurred during FY 2022, to provide information for planning time, cost and phase estimates for the interrelated Microsoft modules. Rural Broadband Initiative Information Technology • The Rural Broadband Initiative project improves communication and data technology in both the business sector and in residential settings. • The County collected survey data to identify areas where citizens either do not have or have inadequate internet service. The survey results showed that more than 32% of Roanoke County households in the targeted areas were considered unserved or under -served by the FCC's minimum standards. • Completed projects have brought high-speed Internet access to residents and some businesses in the County. Global HR: Human Resources and Payroll Modules Human Resources and Finance & Management Services • Roanoke County, Roanoke County Public Schools, and the Western Virginia Regional Jail began a joint project in September of 2018 to implement Infor's Global Human Resources platform and to migrate the existing Lawson payroll system to Infor's CloudSuite platform. • Phase 1 of the project implemented the base HR system and integration of the HR system with the Lawson payroll system. This phase provided employees with a new Employee Space employee portal. Implementation for this phase occurred in March 2020. • The COVID-I9 pandemic delayed progress on Phase 11 to implement Performance and Goals and Talent Acquisition. • Migration to Infor's CloudSuite payroll platform is planned to begin in FY 2024. Dynamics D365 Upgrade Finance & Management Services • The Dynamics D365 Upgrade Project, upgraded the integrated financial system for the County, Roanoke County Public Schools and the entities for whom the County serves as fiscal agent. • The Finance Department went live with Microsoft Dynamics AX 2012 as the County's integrated financial system platform in July of 2016. This project focused on the upgrade of Dynamics AX 2012 to the next generation of the Dynamics platform, D365. • This project is anticipated to be complete in FY 2024. 7 Attachment A: Status of Capital Projects Board of Supervisors Work Session October 24, 2023 Specialty Equipment Replacement of Firearms Police • The Replacement of Firearms project replaces the department issued Glock 22/23s due to their life cycle reaching the end of expectancy. • This project is anticipated to be complete in FY 2024. Emergency Medical Dispatch Emergency Communications • The Emergency Medical Dispatch project, funded in FY 2022 will upgrade the Emergency Communications Center Medical Dispatch Program. The Emergency Medical Dispatch is a systematic program of handling medical calls. Trained telecommunicators, using procedures locally approved by the Operational Medical Director, quickly and properly determine the nature and priority of the call, dispatch the appropriate response, then give the caller instructions to help treat the patient until the responding Emergency Medical Services unit arrives. • The current Emergency Medical Dispatch program was updated in 2006 and is out of date. • Research and exploration of vendor options began in FY 2022. 8 Capital Improvement Program FY 2024 — FY 2033 County of Roanoke, Virginia FY 2024 - FY 2033 Adopted Capital Improvement Prog VDOT Transportation Projects A number of projects within the FY 2024 — FY 2033 Capital Improvement Program (CIP) receive funding from and/or ar Virginia Department of Transportation. Details on VDOT Transportation Projects in the CIP can be found below. Project Name: Fallowater Lane Extension / Ridge Top Road Funding Sources: VDOT UPC: 112304 Project Status: County Revenue Sharing $1,422,297 Administered By: Roanoke County Preliminary Engineering C VDOT Revenue Sharing' $1,422,297 County -Funded Portion: 32.77% Right of Way C SSYP5 $1,495,521 Construction U Total Project Estimate: $4,340,1 15 Project Description: Beginning at Route 419, this project upgrades the private driveway of Chuck E. Cheese to public road new section between the end of the private driveway and Almond Road, an existing private road. Alm public standards to the intersection of Chevy Road, an existing public road. Final quality control items contractor. Project Name: East Roanoke River Greenway - Water Treatment Plant to Blue Ridge Parkway Funding Sources: VDOT UPC: 91 191 Project Status: County Match $193,250 Administered By: Roanoke County Preliminary Engineering C TE/TAP2 $773,000 County -Funded Portion: 7.82% Right of Way U RSTP/STBG3 $1,505,371 Construction U Local Funds $0 Total Project Estimate: $2,471,621 Project Description: Project scope has been reduced due to right-of-way acquisition issues. Phase 1 is construction of a 0., across Explore Park property owned by the Virginia Recreational Facilities Authority adjacent to the B trailhead/parking lot is proposed on Highland Road. Roanoke County Planning submitted a FY 24 CIP i $200,000 for a East Roanoke River Greenway Feasibility Study between Roanoke City and Phase 1. County of Roanoke, Virginia Capital Improvement Program FY 2024 — FY 2033 Project Name: East Roanoke River Greenway - Blue Ridge Parkway Crossing along Highland Road Funding Sources: VDOT UPC: 113356 Project Status: County Match $159,181 Administered By: Roanoke County Preliminary Engineering C TE/TAP2 $636,720 County -Funded Portion: 22.9 1% Right of Way C Local Funds $29,999 Construction AI Total Project Estimate: $825,900 Project Description: Construction of 0.3 miles of the East Roanoke River Greenway along Highland Road that will cross be through an existing overpass. Project Name: West Roanoke River Greenway - Riverside Park (City of Salem) to Green Hill Park (Roanoke County) Funding Sources: VDOT UPC: 97171 Project Status: RSTP/STBG3 $7,343,229 Administered By: Roanoke County Preliminary Engineering C SMART SCALE4 $4,542,105 County -Funded Portion: 0.00% Right of Way C Open Container $499,166 Construction AI Total Project Estimate: $12,384,500 Project Description: Project scope has been phased due to right-of-way acquisition issues and accessibility requirements. P greenway proposed with a trailhead parking lot on West Riverside Drive and will extend east along thi greenway in the City of Salem across from Kingsmill Drive. Phase 2 is a 0.80-mile section of greenway 1 across the Roanoke River and a separated grade crossing underneath Diuguids Lane. It will provide co Park and the proposed trailhead parking lot on West Riverside Drive. There is no funding appropriate Project Name: Williamson Road Pedestrian Improvements, Peters Creek to Plantation Funding Sources: VDOT UPC: 1 1 1 3 17 Project Status: County match $54,356 Administered By: VDOT Preliminary Engineering C TE/TAP2 $217,424 County -Funded Portion: 2.81% Right of Way C SMART SCALE4 $1,662,220 Construction AI Total Project Estimate: $1,934,000 Project Description: Construct sidewalk between new pedestrian signals at Peters Creek Road and the existing shared use County of Roanoke, Virginia Capital Improvement Program FY 2024 — FY 2033 Project Name: Dry Hollow Road Safety Improvements Funding Sources: VDOT UPC: 107309 Project Status: County Revenue Sharing $1,865,618 Administered By: VDOT Preliminary Engineering U VDOT Revenue Sharing' $1,865,618 County -Funded Portion: 40.02% Right of Way AI SSYP5 $930,217 Construction AI Total Project Estimate: $4,661,453 Project Description: Improve safety by widening roadway under railroad trestle near the intersection of West River Road. Project Name: Starkey Road/Buck Mountain Road Intersection Improvements Funding Sources: VDOT UPC: 1 13 144 Project Status: County Revenue Sharing $573,278 Administered By: VDOT Preliminary Engineering C VDOT Revenue Sharing' $573,278 County -Funded Portion: 9.81 % Right of Way C SSYP5 $13,444 Construction U RSTP/STBG3 $2,098,1 15 SMART SCALE4 $2,583,365 Total Project Estimate: $5,841,480 Project Description: This project will convert the unsignalized "T" intersection at Starkey Road and Buck Mountain Road tc Pedestrian accommodations are included in the design to extend along each leg and to the Branderwo Project Name: East Roanoke River Greenway - Explore Park to Rutrough Road Funding Sources: VDOT UPC: 1 13567 Project Status: RSTP/STBG3 $3,020,308 Administered By: Roanoke County Preliminary Engineering U Total Project Estimate: $3,020,308 County -Funded Portion: 0.00% Right of Way N Construction AI Project Description: Construction of 1.50 miles of the greenway through Explore Park to Rutrough Road. County of Roanoke, Virginia Capital Improvement Program FY 2024 — FY 2033 Project Name: Funding Sources: County Match FLAP6 Private Contributions RVRA and VRFA Easement Value* Total Project Estimate: Project Description: East Roanoke River Greenway - Blue Ridge Parkway to Explore Park VDOT UPC: 1 10155 Project Status: $546,750 Administered By: Roanoke County Preliminary Engineering C $2,187,000 County -Funded Portion: 19.56% Right of Way C $20,000 Construction AI $42,000 $2,795,750 This project will construct an approximately 1 .8 mile section of the Roanoke River Greenway from thi near the intersection with Rutrough Road, through property owned by the Roanoke Valley Resource Federal overlook, passing underneath the Roanoke River Parkway, crossing properties owned by the r at Explore Park. A trailhead/parking lot is proposed on Rutrough Road. *The RVRA and VRFA Easement receive FLAP funds and is not reflected in County financial system. Project Name: Funding Sources: County Match TE/TAP2 Total Project Estimate: Project Description: Glade Creek Greenway through Vinyard Park West VDOT UPC: 122101 Project Status: $ I30,275 Administered By: Roanoke County Preliminary Engineering U $521,100 County -Funded Portion: 20.00% Right of Way N $65 1,375 Construction AI Construct a segment of the Glade Creek Greenway along Glade Creek through Vinyard Park West. County of Roanoke, Virginia Capital Improvement Program FY 2024 — FY 2033 1 Description of Funding Sources: If a project contains Roanoke County funding or a match provided by the County, it is shown in the first row of funding sources and reflected in Italics. 'Revenue Sharing: 50/50 County/VDOT funding; call for applications in odd years; next due date October 1, 2023 2Transportation Alternatives (TE/TAP): 80/20 VDOT/County funding; call for applications in odd years; next due date October 1, 2023 for FY 2025/2026 3 Surface Transportation Block Grant (STBG) previously named Regional Surface Transportation Program (RSTP): 100% funding awarded through the Roanol< Organization; applications due September 2023 4SMART SCALE previously named House Bill 2 (HB2): 100% funding awarded through the Commonwealth Transportation Board; call for applications in ever March 2024 with final applications due August 2024 with awards June 2025 for funding at least five years out 5 Secondary Six -Year Program (SSYP): 100% VDOT funding to improve secondary routes (number 600 and higher); Telefees and District Grant funds (for unpa Supervisors adoption required prior to June 30 every year 6 FLAP: Federal Lands Access Program, supplements State and local resources for public roads, transit systems, and other transportation facilities, with an emphasi, economic generators. County of Roanoke, Virginia ACTION NO. ITEM NO. K.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 24, 2023 AGENDA ITEM: The petition of Glenmary Drive Roanoke LLC to amend a portion (approximately 19.06 acres) of the Roanoke County Center for Research and Technology Master Plan to allow warehousing and distribution as a permitted use, located within the 5200 and 5300 blocks of Glenmary Drive, Catawba 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 amend CRT's Master Plan to allow an additional use (warehouse and distribution). BACKGROUND: Section 30-63 of the Zoning Ordinance provides the district regulations for properties zoned PTD (Planned Technology Development). Section 30-63 also outlines the application process to rezone properties to PTD, the information required for the application, and the process for revising a final master plan once adopted by the Board of Supervisors. Adding a new use to the permitted uses allowed on the Master Plan is considered a major revision and requires the amendment to go through the rezoning process. The warehousing and distribution use would only be permitted on new lot 4 (19.06 acres) in the Roanoke County Center for Research & Technology. Page 1 of 2 DISCUSSION: The Planning Commission held a public hearing on this application on October 3, 2023. No citizens spoke during the public hearing. The Planning Commission discussed the development history of the Center for Research and Technology and the use being a good fit for the park at the proposed location. The Planning Commission recommends approval of the request to amend a portion of the Roanoke County Center for Research and Technology Master Plan to allow warehousing and distribution as a permitted use. 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 amend a portion (19.06 acres) of the Roanoke County Center for Research and Technology Master Plan to allow warehousing and distribution as a permitted use. Page 2 of 2 STAFF REPORT Petitioner: Glenmary Drive Roanoke, LLC Request: To amend a portion, approximately 19.06 acres, of the master plan for the Roanoke County Center for Research and Technology to allow warehousing and distribution as a permitted use on property zoned PTD, Planned Technology Development District Location: 5200 and 5300 blocks of Glenmary Drive Tax Parcel: #054.00-01-02.02-0000 (portion) Magisterial District: Catawba EXECUTIVE SUMMARY: Glenmary Drive Roanoke, LLC is requesting to amend a portion (19.06 acres) of the Roanoke County Center for Research and Technology (CRT) Master Plan to allow warehousing and distribution as a permitted use, located within the 5200 and 5300 blocks of Glenmary Drive. This parcel is identified as Existing Lot 4 on the CRT Master Plan. The future land use designation in the County's Comprehensive Plan for the Center for Research & Technology is Principal Industrial. These areas are existing and planned regional employment centers and are distributed throughout the county, convenient to major residential areas and suitable highway access. This request is consistent with the Principal Industrial future land use designation, is consistent with the goals, objectives and implementation strategies listed in the Economic Development Plan component of the Comprehensive Plan, and is consistent with the vision statement and several goals of the Glenvar Community Plan (2012). 1. APPLICABLE REGULATIONS Section 30-63 of the Zoning Ordinance provides the district regulations for properties zoned PTD (Planned Technology Development). Section 30-63 also outlines the application process to rezone properties to PTD, the information required for the application, and the process for revising a final master plan once adopted by the Board of Supervisors. The revised CRT Master Plan along with the PTD zoning regulations would guide any future development at CRT. Warehousing and Distribution is defined as: "uses including storage, warehousing and dispatching of goods within enclosed structures, or outdoors. Typical uses include wholesale distributors, storage warehouses, moving/storage firms." Development of individual industrial sites would also follow the County's subdivision, site plan review, and building plan review processes. 2. ANALYSIS OF EXISTING CONDITIONS Background — In 1999, the County rezoned approximately 457 acres of property along Glenmary Drive from R-1 (Low Density Residential) to PTD (Planned Technology Development) to establish the Center for Research and Technology (CRT). As part of the rezoning process a Master Plan and design guidelines/protective covenants were developed and became proffers associated with the development. 1 After the property was rezoned, the County began constructing the infrastructure (roads and utilities) to attract new businesses. Two businesses (Novozymes Biologicals, Inc. and Tecton Products, LLC) have located in CRT. In 2007, the County rezoned an additional 25-acre parcel from R-1 to PTD that was incorporated into CRT. In addition, the County amended the covenants, conditions and Master Plan for CRT. In 2019, The Economic Development Authority removed the proffered condition from the properties at the Center for Research & Technology (CRT) and amended the master plan for CRT. The only proffered condition on these properties incorporated the Development Guidelines and Protective Covenants to the zoning of the properties. Removal of the proffered condition separated the zoning of the property (controlled by the Master Plan and PTD zoning requirements) from the private covenants (controlled by the property owners in CRT). The amendments to the CRT Master Plan added development standards (permitted uses, height, lighting, minimum front setbacks, lot coverage, subdivision, and signage) to the conceptual rendering of the Master Plan. The overall layout of CRT including the road network, potential lots, and buffers remained the same. In 2022, Appalachian Power Company (AEP) constructed a Transmission Operations Center and Substation on Lot 5 in CRT. The project involves a new office, a substation and approximately a quarter of a mile of transmission lines. Topography/Vegetation — CRT includes a wide range of slope and topography. The southern portion of the site is the most level. The majority of the site contains woodlands consisting of oak, hickory, beech, ash, tulip poplar, maple and scattered evergreen trees. Surrounding Neighborhood — The site is bordered on the west by the Prunty and Dow Hollow communities and on the east by the Glenvar Heights neighborhood. These established single-family residential areas are zoned R-1, Low Density Residential. Interstate 81 borders the property to the south. Across 1-81, properties are zoned R-1 and C-2, High Intensity Commercial. The remaining parcels of CRT are located to the north of this site. Community Outreach — Approximately 110 letters were mailed to adjoining property owners and tenants which contained the request, information about the subject parcel including maps and the concept plans, and instructions for how to submit comments as well as contact information for staff. 3. ANALYSIS OF PROPOSED DEVELOPMENT This petition is to revise the Roanoke County Center for Research and Technology Center (CRT) Master Plan to add warehousing and distribution as a permitted used to a portion of CRT. The proposed Master Plan, Exhibit B, indicates the warehousing and distribution use type for new lot 4 only (19.06 acres). No changes are proposed to the site development standards. As part of the application, a conceptual plan and a building rendering were submitted for illustrative purposes of what a warehousing and distribution center would look like. The concept plan and building rendering are not part of amending the Master Plan for CRT. The illustrative concept plan shows an approximately 90,300 square foot warehousing and distribution center/building. The rear of the building contains 28 dock doors and one drive-in door. The facility is estimated to employ 80-100 people. This concept plan also shows 114 automobile parking spaces, 34 truck parking spaces and 64 trailer parking spaces, and a future parking lot expansion. There are two access 2 points proposed along Glenmary Drive. The exact entrance locations would be determined during the comprehensive site plan review process. According to the Institute of Transportation Engineers ("ITE"), traffic is estimated to be 181 average total trips a day which is a combination of 125 autos and 56 trucks (truck and trailer), see attached trip analysis for ITE chart/sheet. Due to the location of existing Lot 4, other properties located within CRT will not be affected. The project will have minimal water and sewage usage and will not have material impact on Roanoke County's infrastructure and services. Agency Comments: Economic Development: Economic Development supports the proposed use of warehouse and distribution for 19+ acres of Tax Map No. 05.00-01-02.02-0000. Roanoke County Fire and Rescue: Fire and Rescue does not object to this project and it would only increase the services we provide minimally. Fire flow and access requirements would be addressed in the site plan review process. Office of Building Safety: All construction needs to meet the requirements of the Virginia Uniform Statewide Building Code in effect at the time of construction. Roanoke County Stormwater Operations: No comments. Virginia Department of Transportation: 1. This section of Glenmary Road has not been accepted into the state maintenance system, however if there are plans to bring the road into the system in the near future, the VDOT Road Design Manual, Appendix F: Access Management Design Standards for Entrances and Intersections must be adhered to where applicable for commercial entrances. This includes, but is not limited to, commercial entrance spacing and intersection sight distance. The intersection sight distance must be field verified, and measures taken to ensure the minimum required distances can be met. 2. Trip generation calculations and analysis have been submitted with this request. However, please also include turn lane warrant calculations with the first plan submittal. 3. The department will not issue an approval of the plans or any necessary Land Use Permits until the locality approves this request. In addition, information regarding any changes to the existing drainage system should also be included for review. 4. A Land Use Permit will be required only if construction in the right of way occurs after this section of Glenmary Road has been accepted into the state maintenance system. 4. CONFORMANCE WITH ROANOKE COUNTY COMPREHENSIVE PLAN The properties in CRT are designated Principal Industrial on the future land use map in the 2005 Comprehensive Plan. Principal Industrial areas are existing and planned regional employment centers and are distributed throughout the county, convenient to major residential areas and suitable highway access. This request is consistent with the future land use designation. This proposal also meets several goals listed in the Economic Development Plan section of the County's 3 Comprehensive Plan (2005). These include: • To market the County's industrial/commercial property and attract compatible business and industry to the community, and to increase the commercial and industrial tax base and related employment opportunities. • To encourage the retention and growth of local enterprise by creating and maintaining a positive business climate countywide. • To create and maintain a marketable inventory of quality industrial/commercial real property sufficient to meet market demand. This proposal is also consistent with the vision statement and several goals of the Glenvar Community Plan (2012). These include: • Vision Statement — The Glenvar area strives to be a visually appealing, healthy and sustainable community that encourages a mix of land uses in a manner that is consistent with the community's rural character. • Goal - Ensure that public services and facilities will adequately serve the needs of residents and businesses within the Glenvar community and that such services and facilities are adaptable to future growth. • Goal - Provide a mix of environmentally -sensitive commercial and industrial uses at appropriate locations in the Glenvar community that meet the needs of current and future residents. • Goal - Maintain a healthy, safe and sustainable community that ensures opportunities for a multi - generational community to live, work, recreate and raise a family. 5. STAFF CONCLUSIONS Glenmary Drive Roanoke, LLC is requesting to amend 19.06 acres of the Roanoke County Center for Research and Technology (CRT) Master Plan to allow warehousing and distribution as a permitted use, located within the 5200 and 5300 blocks of Glenmary Drive. This parcel is identified as Existing Lot 4 on the CRT Master Plan. The future land use designation for CRT is Principal Industrial. This request is consistent with the Principal Industrial future land use designation, is consistent with the goals, objectives and implementation strategies listed in the Economic Development Plan component of the Comprehensive Plan, and is consistent with the vision statement and several goals of the Glenvar Community Plan (2012). CASE NUMBER: 14-10/2023 PREPARED BY: Rebecca James HEARING DATES: PC: 10/3/2023 BOS: 10/24/2023 ATTACHMENTS: Application Maps (Aerial, Zoning, Future Land Use) PTD District Regulations Principal Industrial Future Land Use Description 4 County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P © Box 29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 For Staff Use Onl Date received: /idle Received by: I- .r -'S Application fee: PCIBZA date: IU/a l a'a-D-3 Placards issued: BOS date: l e' JD>Lt 11 D), 0.2 Case Number ‘ 3 - lb 1201. 3 ALL APPLICANTS Check type of application filed (check all that apply) /Rezoning ❑ Special Use ❑ Variance ❑ Waiver ❑ Administrative Appeal ❑ Comp Plan (15.2-2232) Review Applicants name/address w/zip GLENMARY DRIVE ROANOKE LLC 6101 CARNEGIE BLVD, STE 180 CHARLOTTE, NC 28209 Phone: 252-229-2501 Work: Cell #: 252-229.2501 Fax No.: Owner's name/address w/zip ECONOMIC DEVELOPMENT AUTHORITY- ; OF ROANOKE COUNTY CfO MEGAN BAKER PO BOX 29800 ROANOKE VA Phone #: 540.597-2256 Work: Fax No. #: Property Location GLENMARY DRIVE AT CORPORATE CIRCLE Magisterial District: CATAWBA Community Planning area: GLENVAR Tax Map No.: 054.00-01-02.02-0000 (portion) — Existing Zoning: PTD Size of parcel(s): Acres: 19+ acres (out of 29.56 acres) Existing Land Use: VACANT REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2-2232) REVIEW APPLICANTS (R/SIWICP) Proposed Zoning: PTD (NO CHANGE) Proposed Land Use: WAREHOUSE AND DISTRIBUTION (TO BE ADDED AS AN ALLOWED USE ON THE MASTER PLAN ) Does the parcel meet the minimum lot area„ width, and frontage Yes/ No L IF NO, A VARIANCE IS REQUIRED Does the parcel meet the minimum criteria for the requested IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this requirements of the requested district? FIRST (Rezoning). Use Type in Article IV (Special Use Permit)? YesV No C request? Yes a No9" oh 1 2 a it ***Nc: VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (VOW/AA) Variance/Waiver of Section(s) of the Roanoke County Zoning Orli i :nee in order to: o p 2323 Appeal of Zoning Administrator's decision to01 G \� Appeal of interpretation of Section(s): of the Roanoke County Zoning Ordinan I/2Vhka� r- ta��,111,11E . Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCE 5! IF ANY OF in,: ITEMS ARE MISSING OR INCOMPLETE. R/S/WVICP VIAA MAIM !'EI 1 her R/S/WV/CP V/AA Consultation Application Justification y certify that 1 am either the owner of the property or consent f the owner. R/SIWI VIAA 8 1/2" x 11" concept plan Metes and bounds description Water and sewer application Application fee Proffers, if applicable Adjoining property owners IV N owner's agent or contract purchaser and am acting with the knowledge and 'c Owner's Signature 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Applicant GLENMARY DRIVE ROANOKE The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. See attached. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. See attached Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. See attached. 3 JUSTIFICATION FOR VARIANCE REQUEST Applicant GLENMARY DRIVE ROANOKE LLC The of Zoning Appeals is required by Section 15.2-2309 of the Code of Virginia to consider the following factors before a variance can be granted. Please read the factors listed below carefully and in your own words, describe how the request meets each factor. If additional space is needed, use additional sheets of paper. 1. The variance shall not be contrary to the public interest and shall be in harmony with the intended spirit and purpose of the Zoning Ordinance. - NOT APPLICABLE NOT APPLICABLE 2. The variance will not be of a substantial detriment to the adjacent properties or the character of the district. NOT APPLICABLE 3. Evidence supporting claim: NOT APPLICABLE 4 JUSTIFICATION FOR ADMINISTRATIVE APPEAL REQUEST Applicant GLENMARY ROAD ROANOKE LLC Please respond to the following as thoroughly as possible. If additional space is needed, use additional sheets of paper. 1. Reasons for appeal: NOT APPLICABLE 2. Evidence supporting claim: NOT APPLICABLE 5 CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS Va. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. f. The zoning and land use of all adjacent properties g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZONING and SPECIAL USE PERMIT APPLICANTS AIL N/A k. Existing utilities (water, sewer, storm drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. Signature of applicant 8/9/23 �,/D'ate 6/1G /a 3' 6 Community Development Planning & Zoning Division POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic -generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff and VDOT reserve the right to request a traffic study at any time, as deemed necessary.) High Traffic -Generating Land Uses: • Single-family residential subdivisions, Multi -family residential units, or Apartments with more than 75 dwelling units • Restaurant (with or without drive -through windows) • Gas station/Convenience store/Car wash • Retail shop/Shopping center • Offices (including: financial institutions, general, medical, etc.) • Regional public facilities • Educational/Recreational facilities • Religious assemblies • Hotel/Motel • Golf course • Hospital/Nursing home/Clinic • Industrial site/Factory • Day care center • Bank • Non-specific use requests Road Network Situations: • Development adjacent to/with access onto/within 500-ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc) • For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly • When required to evaluate access issues • Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six-Yr Road Plan, etc.) • Development in an area where there is a known existing traffic and/or safety problem • Development would potentially negatively impact existing/planned traffic signal(s) • Substantial departure from the Community Plan • Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day Effective date; April 19, 2005 7 Community Development Planning & Zoning Division NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Name of Petition Petitioner's Signature 8/9/23 23 Effective date: April 19, 2005 8 1. Consistent with purpose of Roanoke County Ordinance: Consistent with purpose of the Roanoke County Zoning Ordinances, the request would permit an approximately 90,300 square foot warehouse and distribution center that represents an approximately thirty -five -million -dollar investment in the County. This facility is estimated to employ 80-100 people. It is located in the Roanoke County Center for Research and Technology (the "CRT"), an economic development project spearheaded by the Economic Development Authority of Roanoke (the "EDA"). The lot on which the warehouse distribution center would be located (Lot 4) is currently owned by the EDA and SunCap Property Group is contracting to purchase the property. Lot 4 is perfectly situated for a warehouse and distribution center because it is located next to I-81, providing easy and direct access to the interstate, thereby allowing the warehouse and distribution center to serve the County and region efficiently without significant impact on residential neighborhoods or county road systems. The warehouse and distribution center, as a light industrial use, is consistent with the purpose of the CRT, which is to promote economic investment in the County by increasing Roanoke County' s commercial and industrial tax base with minimal impact to the County' s infrastructure and services. In addition, Lot 4 is located near the front of the CRT, ensuring that the truck traffic will not adversely affect other businesses located in the CRT. According to the Institute of Transportation Engineers ("ITE"), traffic is estimated to be only 181 average total trips a day which is a combination of 125 autos and 56 trucks (truck and trailer), see attached trip analysis for ITE chart/sheet. The request is consistent with the purpose of the planned technology district zoning classification as it represents a substantial economic investment in the County while providing employment opportunities to its residents located in an area designated for light industrial use. Because the request is consistent with the planned technology district zoning classification, the application is not requesting any variance or exception to applicable development standards. 2. Conformity with general guidelines and policies: The project conforms to general guidelines and policies in the Glenvar Community Plan (Section 8.3.1.1), which states that "...industrial development should be located in existing technology parks such as the Center for Research and Technology (CRT) and Valley TechPark." By locating this light industrial use in the CRT, the request minimizes impact on the rural and historic nature of the surrounding area. Further, the Economic Development Authority has performed an environmental study, which shows no evidence of recognized adverse environmental conditions to the property as the site was previously graded in anticipation for a future development. Because the request is consistent with the applicable general guidelines and policies, the applicant is not requesting any variance from or exception to development standards. 3. No adverse impacts: The warehouse and distribution center will not adversely impact adjoining properties or the surrounding area. It is located near the front of the CRT, ensuring that the total traffic, which is estimated by ITE to be 180 average trips a day, does not adversely affect other businesses located in the CRT. Furthermore, the project will have minimal water and sewage usage for a facility of its size and will not have material impact on the County's infrastructure and services. This project will have minimal impact to County infrastructure while generating employment opportunities and substantial revenue for the County. TRIP ANALYSIS FOR NEW LOT 4 Date: August 7, 2023 B&A Project #04230016.00 1208 Corporate Circle Roanoke, Virginia 24018 Phone (540) 772-9580 Introduction: 441 110 BARER & ASSOCIATES This analysis is being provided to analyze trip generation for a warehouse and distributing center located off Glenmary Drive in Roanoke County. The property is a portion of tax parcel 054.00-01-02.02-0000. Two full access entrances are proposed on Glenmary Drive to access the site. Trip Generation: ITE Trip Gen Manual, 11th Edition Proposed Development = Warehousing (ITE code 150) Proposed GFA = 90,300 SF ITE Trip Generation — Warehousing (150) Weekday Entry Exit Total Auto 62 63 125 Truck (Truck and Trailer) 28 28 56 Total 90 91 181 8/7/23, 9:48 AM itetripgen.org/query/PrintGraph2?code=150&ivlabel=QFQAF&timeperiod=AWDVTE&x=&edition=685&IocationCode=General Urba... Warehousing (150) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday Setting/Location: Number of Studies: Avg. 1000 Sq. Ft. GFA: Directional Distribution: General Urban/Suburban 31 292 50% entering, 50% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 1.71 0.15 - 16.93 1.48 Data Plot and Equation 6,000 5,000 4,000 c w Q H u 3,000 2,000 1,000 X X XX X X XX XX X X X Study Site 1,000 X = 1000 Sq. Ft. GFA Fitted Curve Equation: T = 1.58(X) + 38.29 2,000 Fitted Curve 3,000 Average Rate R2= 0.92 Trip Gen Manual, 11th Edition • Institute of Transportation Engineers https://itetripgen.org/printGraph 1/1 8/7/23, 9:50 AM itetripgen.org/query/PrintGraph2?code=150&ivlabel=QFQAF&timeperiod=AWDVTE&x=&edition=685&IocationCode=General Urba... Warehousing (150) Truck Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday Setting/Location: General Urban/Suburban Number of Studies: 12 Avg. 1000 Sq. Ft. GFA: 115 Directional Distribution: 50% entering, 50% exiting Truck Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 0.60 0.00 - 6.66 0.86 Data Plot and Equation 300 c w fl 200 H H X 100 X YX )4A X 00 v v 100 200 300 400 X Study Site X = 1000 Sq. Ft. GFA Fitted Curve Average Rate Fitted Curve Equation: T = 0.54(X) + 7.47 R2= 0.61 Trip Gen Manual, 11th Edition • Institute of Transportation Engineers https://itetripgen.org/printGraph 1/1 SITE & ZONING SUMMARY: SITE ADDRESS: OWNER: OWNER ADDRESS: APPLICANT: TAX MAP NUMBER: EXISTING LOT 4 SIZE: PROPOSED LOT 4 SIZE: 0 GLENMARY DR SALEM, VA 24153 ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY PO BOX 298000 ROANOKE, VA 24018 GLENMARY DRIVE ROANOKE LLC 054.00-01-02.02-0000 ±29.56 AC. ±19.06 AC. REMAINDER OF LOT 4 TO BE COMBINED WITH OVERALL TRACT (T.M.#054.00-01-02.00-0000): ±10.50 AC. EXISTING ZONING: ORDINANCE: PROPOSED USE: PTO - PLANNED TECHNOLOGY DISTRICT 022619-5, 042799-10, 052207-12 WAREHOUSING AND DISTRIBUTION 70NING RFOI IIRFMFNTS WITHIN THE PTD DISTRICT (SEC. 30-631• SETBACKS: FRONT: 30' FROM PUBLIC STREETS EXTERNAL TO THE PTD DISTRICT SIDE: REAR: MAXIMUM LOT COVERAGE: PROPOSED LOT COVERAGE: POSSIBLE FUTURE LOT COVERAGE: LIGHTING: PROPOSED BUILDING HEIGHT: PROPOSED PARKING: AUTO: TRUCK: TRAILER: NOTE: ENTRANCE LOCATIONS SPECIFICATIONS NONE NONE 75% 7.03 AC./19.03 AC. = 36.9% 8.62 AC./19.03 AC. = 45.3% ALL LIGHTING SHALL BE SHIELDED AND DIRECTED DOWNWARD. LIGHT POLES FOR PARKING LOTS, LOADING/UNLOADING SHALL BE NO GREATER THAN 25' IN HEIGHT ABOVE GRADE. 44' 114 PARKING SPACES INCLUDING 6 H.C. SPACES 34 PARKING SPACES 64 PARKING SPACES SHALL BE DETERMINED PER VDOT CONCEPT PLAN NOTE: 1. THIS PLAN IS FOR CONCEPTUAL PLANNING PURPOSES AND HAS BEEN PREPARED USING COMPILED INFORMATION. A CURRENT FIELD SURVEY HAS NOT BEEN PERFORMED TO VERIFY ALL EXISTING CONDITIONS ON -SITE. 2. AERIAL IMAGERY SOURCED FROM GOGGLE EARTH IMAGE, DATED NOVEMBER 2021 60 0 60 120 180 = 60' B'ALZER & ASSOCIATES PLANNERS / ARCHITECTS ENGINEERS / SURVEYORS Roanoke / Richmond Shenandoah Valley New River Valley / Lynchburg www.balzer.cc 1208 Corporate Circle Roanoke, VA 24018 540.772.9580 LOT 4 - CENTER FOR RESEARCH AND TECHNOLOGY ZONING EXHIBIT PLAN ROANOKE COUNTY, VIRGINIA DRAWN BY DESIGNED BY CHECKED BY DATE SCALE REVISIONS AAB BTC BTC 8/8/2023 1" = 60' EX -A 1 PROJECT NO. 04230016 00 B&A JOB #04230016.00 Roanoke County Center for Research and Technology New Lot 4 Metes and Bounds Description Beginning at a point on the south right of way line of Glenmary Drive, said point being #8 as shown in instrument #201812191; thence generally down the branch S63°03'11"E a distance of 26.16' to a point; thence S71°36'21"E a distance of 60.40' to a point; thence S58°47'55"E a distance of 32.61' to a point; thence leaving the branch and with a new division line through LOT 4, following the center of the APCO transmission line more or less, S31°20'42"E a distance of 669.65' to a point; thence, still with the APCO line, another new division line S11°17'11"E a distance of 401.80' to a point in the north right of way line of Interstate 81; thence with the same S65°25'42"W a distance of 138.28' to a point; thence S79°40'30"W a distance of 128.80' to a point; thence S71°12'05"W a distance of 251.07' to a point; thence S61°09'08"W a distance of 266 of 107.91' to a point; thence thence N51°21'39"W a distance way of Glenmary Drive; thence 97' to a point; thence S54°58'36"W a distance N36°10'29"W a distance of 130.48'to a point; of 53.91' to a point on the easterly right of with a curve turning to the left with an arc length of 468.97', with a radius of 602. N08°41'06"E, with a chord length of 457. distance of 126.28'to a ; thence with a arc length of 346.39', with a radius of NOO°35'21"E, with a chord length of 341. 96', with a chord bearing of 24',to a point; thence N13°35'44"W a curve turning to the right with an 620.00', with a chord bearing of 90',to a point; thence N17°12'00"E a distance of 56.92' to a point; thence with an arc length of 258.28', with a radius of N33°17'06"E, with a chord length of 254.90' tangent line N82°34'25"E a distance of 187. a curve turning to the right with 460.00', with a chord bearing of , to a point; thence with a non- 51'to a point; thence N 29°11'10" E a distance of 21.39' to the point and place of beginning, having an area of 19.056 acres,(830057.66 square feet), lying and being in the County of Roanoke Virginia, and being a portion of "Lot 4" as shown on plat recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia in instrument #201812191. ArcGIS \ 7/18/2023, 2:52:15 PM 0 Local Counties Labels Rivers and Creeks SPrivateLine Parcels SPrivatePoint SAbandonedLine -""- SVentPipe SAbandonedPoint SLateralLine SGravityMain In Use SVent • SCleanout SManhole WS WN WPrivateLine WVault WPrivatePoint WV The Western Virginia Water Authority does not warrant the accuracy of List of adjoining property owners - Warehouse and Distribution Center - CRT Parcel ID Owner Name Owner Address City State Zip 054.00-01-02.00-0000 ECONOMIC DEVELOPMENT AUTHORITY-; OF ROANOKE COUNTY, C/O MEGAN BAKER PO BOX 29800 ROANOKE VA 24018 054.00-01-02.01-0000 TECTON PRODUCTS LLC PO BOX 2712 FARGO ND 58108 064.01-05-01.00-0000 NOVOZYMES BIOLOGICALS INC 77 PERRYS CHAPEL CHURCH RD FRANKLINTON NC 27525 064.01-01-03.00-0000 SITEWORKS EXCAVATING & UTILITIES INC 2234 PROSPECT DR CHRISTIANSBURG VA 24073 064.01-05-02.00-0000 ECONOMIC DEVELOPMENT AUTHORITY-; OF ROANOKE COUNTY, C/O MEGAN BAKER PO BOX 29800 ROANOKE VA 24018 054.00-01-02.03-0000 APPALACHAIN POWER COMPANY 1 RIVERSIDE PLAZA 16TH FL COLUMBUS OH 43215 064.01-03-01.00-0000 ROANOKE CO BOARD OF SUPERVISORS PO BOX 29800 ROANOKE VA 24018 064.00-01-04.00-0000 GRISSO EMMET I JR ; GRISSO MARY C 5475 GLENMARY DR SALEM VA 24153 064.01-04-05.00-0000 MONTGOMERY H M ; MONTGOMERY KAREN E 5760 PRUNTY DR SALEM VA 24153 064.01-04-06.00-0000 SHIVELY DAVID J ; SHIVELY STEPHANIE C 5774 PRUNTY DR SALEM VA 24153 064.01-04-07.00-0000 MCNEIL DONALD GEORGE; MCNEIL REVA R 5820 PRUNTY DRIVE SALEM VA 24153 063.02-01-01.01-0000 GRAVELY SHARON S 5808 PRUNTY DRIVE SALEM VA 24153 063.02-01-01.04-0000 SAUNDERS MINNIE 5816 PRUNTY DRIVE SALEM VA 24153 063.02-01-01.02-0000 WILEY SHAWNTE R 5816 PRUNTY DRIVE SALEM VA 24153 063.02-01-01.03-0000 MCNEIL DONALD GEORGE; MCNEIL REVA R 5820 PRUNTY DRIVE SALEM VA 24153 063.00-01-04.01-0000 MCNEIL DONALD GEORGE; MCNEIL REVA R 5821 PRUNTY DRIVE SALEM VA 24153 063.00-01-02.00-0000 BLANKENSHIP WESLEY E 5836 PRUNTY DRIVE SALEM VA 24153 063.00-01-04.00-0000 MCNEIL DONALD GEORGE; MCNEIL REVA R 5820 PRUNTY DRIVE SALEM VA 24153 043.00-01-45.00-0000 FORT LEWIS MOUNTAIN COMPANY LLC 5502 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.00-01-04.00-0000 SHELOR DAVID WAYNE REV TRUST ; SHELOR CONSTANCE RUSCIGNO REV TRUST 5502 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-38.00-0000 NOELL SHIRLEY WEBB 5368 GLENVAR HTS BLVD SALEM VA 24153 054.03-01-42.00-0000 WILLIAMS FAYE C 5342 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-45.00-0000 UNDERWOOD DONALD R ; UNDERWOOD CAROLYN C 5300 GLENVAR HTS BLVD SALEM VA 24153 054.03-01-39.00-0000 ROARK PHILLIP L; ROARK MARION G 5358 GLENVAR HTS BLVD SALEM VA 24153 054.03-01-40.00-0000 ROARK PHILLIP L; ROARK MARION G 5358 GLENVAR HTS BLVD SALEM VA 24153 054.03-01-43.00-0000 HUFFMAN ANTHONY R ; HUFFMAN DELINORA 5328 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-46.00-0000 UNDERWOOD DONALD R ; UNDERWOOD CAROLYN C 5300 GLENVAR HTS BLVD SALEM VA 24153 054.03-01-41.00-0000 WILLIAMS FAYE C 5342 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-44.00-0000 HUFFMAN ANTHONY R ; HUFFMAN DELINORA 5328 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-48.00-0000 SHEPPARD OAKLEY DALE ; SHEPPARD FLORENCE A 5286 GLENVAR HEIGHTS BOULE\ SALEM VA 24153 054.03-01-49.00-0000 CHUMBLEY KEITH M 5278 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-47.00-0000 CARTER STOVER W REV LIVING TR ; CARTER REBECCA Y REV LIVING TR 5298 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-50.00-0000 LANDIS CHARLES L; LANDIS LINDA D 5268 GLENVAR HTS BLVD SALEM VA 24153 054.03-01-51.00-0000 TEUBERT JOSHUA M ; TEUBERT HEATHER R 5254 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-54.00-0000 GREER STEVEN D 5228 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-55.00-0000 HUTCHISON BRADLEY J ; HUTCHISON ASHLEY D 5212 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-52.00-0000 DUNCAN JAMES E 5248 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-53.00-0000 GRAYBILL TRAVIS STERLING 5232 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-56.00-0000 HUTCHISON BRADLEY J ; HUTCHISON ASHLEY D 5212 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-59.00-0000 SILER JANICE K 5180 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-57.00-0000 HILL KEVIN D 5192 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-60.00-0000 BUBNELL EARLENE W REV TR AGR ; BUBNELL EARLENE W TRS 5176 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-62.00-0000 SMITH TIMOTHY W SR ; SMITH CINDY L 5164 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-58.00-0000 KIMBLE ANYA M 5192 GLENVAR HEIGHTS SALEM VA 24153 054.03-01-66.00-0000 DELONG LIVING TRUST; DELONG ROBERT J CO -TRUSTEE 26629 S LAKEMONT DR CHANDLER AZ 85248 054.03-01-63.00-0000 LEE CHESS M ; LEE CARLY M 5140 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-64.00-0000 LEE CHESS M ; LEE CARLY M 5140 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-67.00-0000 DELONG LIVING TRUST; DELONG ROBERT J CO -TRUSTEE 26629 S LAKEMONT DR CHANDLER AZ 85248 054.03-01-65.00-0000 BEAMER BARNETT R ; BEAMER BONNIE B 5132 GLENVAR HTS BLVD SALEM VA 24153 054.03-01-69.00-0000 MILES CHARLES M ; MILES BARBARA F LIFE ESTATE 5102 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-70.00-0000 LONG CURTIS R 5080 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-68.00-0000 POFF RONALD R ; POFF ROBIN R 5110 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-72.00-0000 BURKE JAMES R ; BURKE ROBIN L 5030 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-73.00-0000 COX RANDALL ; COXJORDAN 5010 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-74.00-0000 COX RANDALL ; COXJORDAN 5010 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-71.00-0000 MOULSE GREGORY C; MOULSE BEVERLY R 5040 GLENVAR HEIGHTS BLVD SALEM VA 24153 054.03-01-80.00-0000 CIRASUNDA ESTHER B 5066 DAN ROBIN RD SALEM VA 24153 054.03-01-77.00-0000 DAVIS STEPHEN M ; DAVIS KAREN T 5090 DAN ROBIN RD SALEM VA 24153 054.03-01-78.00-0000 CIRASUNDA ESTHER B 5066 DAN ROBIN RD SALEM VA 24153 054.03-01-79.00-0000 CIRASUNDA ESTHER B 5066 DAN ROBIN RD SALEM VA 24153 064.01-01-02.00-0000 MAIN BETTY G LIFE ESTATE 4929 WEST MAIN ST SALEM VA 24153 064.01-01-02.01-0000 MAIN MICHAEL1 4929 WEST MAIN ST SALEM VA 24153 PERMITTED USES: F CO NEW0 STORM WATER LAKE PARCEL 2: 26 Arre. )N 'MES 0 CALLAHAN'', POND '`TRECREATION AREA PROPERTIES WITHIN THE CENTER SHALL BE USED ONLY FOR THE FOLLOWING PURPOSES. LAND USES NOT LISTED ARE PROHIBITED. A. CORPORATE OFFICES AND GENERAL OFFICE USE. B. SCIENCE, RESEARCH AND TECHNOLOGY BUSINESSES, SERVICES, OR LABORATORIES WHERE PROCESSES ARE ENVIRONMENTALLY CLEAN AND EFFICIENT. C. GENERAL MANUFACTURING AND ASSEMBLY ESTABLISHMENTS (INDUSTRY, TYPE I USES) WHERE PROCESSES, FABRICATION AND PRODUCTS ARE ENVIRONMENTALLY CLEAN AND EFFICIENT. D. HOTEL WHICH MAY INCLUDE CONFERENCE FACILITIES. E. EDUCATIONAL FACILITIES, COLLEGE/UNIVERSITY. F. MAJOR UTILITY SERVICES INCLUDING ELECTRICAL SUBSTATIONS. G. MINOR UTILITY SERVICES INCLUDING UTILITY MAINTENANCE AND SERVICE FACILITES. H. RECREATIONAL FACILITIES IN ACCORDANCE WITH THE CENTER MASTER PLAN. I. INCIDENTAL RETAIL SALE OF GOODS OR COMMERCIAL ACTIVITY ASSOCIATED WITH A PERMITTED USE, PROVIDED THE SQUARE FOOTAGE DOES NOT EXCEED TWENTY (20) PERCENT OF THE GROSS FLOOR AREA. • J. ACCESSORY USES ASSOCIATED WITH A PRIMARY PERMITTED USE IN \ ACCORDANCE WITH ANY ESTABLISHED COUNTY STANDARDS. •1 K. WAREHOUSING AND DISTRIBUTION FOR NEW LOT 4 ONLY. L ti PLATTED AS EXISTING LOT 4 INST. 201812191 +/- 29.56 AC. EXHIBIT-B MASTER PLAN ki NOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY CRT Master Plan Standards for New Lot 4 STANDARDS: HEIGHT: WHEN ADJOINING PROPERTY THAT IS ZONED RESIDENTIAL, THE MAXIMUM BUILDING HEIGHT SHALL BE FORTY-FIVE (45) FEET, INCLUDING ROOFTOP MECHANICAL EQUIPMENT. THE MAXIMUM HEIGHT MAY BE INCREASED, PROVIDED EACH REQUIRED YARD ADJOINING A RESIDENTIAL DISTRICT IS INCREASED TWO (2) FEET FOR EACH FOOT IN HEIGHT OVER FORTY-FIVE (45) FEET. THIS DISTANCE SHALL BE MEASURED FROM THE PORTION OF THE STRUCTURE WHICH EXCEEDS FORTY-FIVE (45) FEET. IN ALL OTHER LOCATIONS, THE HEIGHT IS UNLIMITED, SUBJECT, HOWEVER, TO THE APPROVAL OF THE ZONING ADMINISTRATOR. LIGHTING: ALL LIGHTING IN THE DEVELOPMENT SHALL BE SHIELDED AND DIRECTED DOWNWARD TO CONTROL EXTRANEOUS LIGHT OR GLARE. WHERE DEVELOPMENT IS LOCATED ADJACENT TO BUFFERS, DARK/NIGHT SKY FRIENDLY LIGHTING USING FULL CUTOFF LIGHTING FIXTURES IS ENCOURAGED SO THAT THERE IS NO DIRECT LIGHT UPWARD AND NO GLARE. THE INTENSITY AT ADJOINING STREET OR RESIDENTIAL PROPERTIES SHALL NOT EXCEED 0.5 FOOT CANDLES. LIGHT POLES AND FIXTURES FOR PARKING LOTS, LOADING/UNLOADING AREAS AND ACCESS WAYS SHALL BE NO GREATER THAN 25 FEET IN HEIGHT ABOVE GRADE, AND KEPT TO MINIMUM NECESSARY FOR DIRECTION AND SAFETY DURING OPERATING HOURS. WALKWAYS AND BUILDING ENTRIES ARE ENCOURAGED TO HAVE GROUND LEVEL LIGHTING OR PEDESTRIAN SCALE LIGHTING NOT EXCEEDING 15 FEET IN HEIGHT. MINIMUM FRONT SETBACKS: ALL STRUCTURES PROPOSED TO FRONT ON EXISTING PUBLIC STREETS EXTERNAL TO THE DEVELOPMENT SHALL BE LOCATED A MINIMUM OF THIRTY (30) FEET FROM THE EXISTING PUBLIC RIGHT-OF-WAY. LOT COVERAGE: MAXIMUM LOT COVERAGE SHALL NOT EXCEED SEVENTY-FIVE (75%) PERCENT. SUBDIVISION: SHOULD THE PARCELS WHICH COMPRISE THE PROPERTY BE COMBINED OR SUBDIVIDED, THE STANDARDS SHALL BIND EACH SUBDIVIDED OR RECOMBINED PARCELS, AS APPLICABLE. SIGNAGE: NO MORE THAN THREE (3) PRIMARY SIGNS PER BUSINESS MAY BE ERECTED ON A PROPERTY. TWO SIGNS MAY BE ATTACHED TO THE FACE OF THE PRIMARY BUILDING AND ONE MAY BE ERECTED AS A GROUND MONUMENT SIGN. IF PLACED ON THE BUILDING, THE SIGNS SHALL NOT EXCEED 300 SQUARE FEET IN SIZE OR TEN PERCENT OF THE FRONT FACADE, WHICHEVER IS LESS. IF ERECTED AS A GROUND MONUMENT STRUCTURE, THE SIGN SHALL NOT EXCEED 60 SQUARE FEET IN SIZE AND SHALL NOT EXCEED TWELVE (12) FEET IN HEIGHT. GROUND MONUMENT SIGNS MAY HAVE TWO FACES. GROUND MONUMENT SIGNS SHALL BE SETBACK A MINIMUM OF 15 FEET FROM THE FRONT PROPERTY LINE. CRT Master Plan Standards for New Lot 4 PERMITTED USES: PROPERTIES WITHIN THE CENTER SHALL BE USED ONLY FOR THE FOLLOWING PURPOSES. LAND USES NOT LISTED ARE PROHIBITED. A. CORPORATE OFFICES AND GENERAL OFFICE USE. B. SCIENCE, RESEARCH AND TECHNOLOGY BUSINESSES, SERVICES, OR LABORATORIES WHERE PROCESSES ARE ENVIRONMENTALLY CLEAN AND EFFICIENT. C. GENERAL MANUFACTURING AND ASSEMBLY ESTABLISHMENTS (INDUSTRY, TYPE I USES) WHERE PROCESSES, FABRICATION AND PRODUCTS ARE ENVIRONMENTALLY CLEAN AND EFFICIENT. D. HOTEL WHICH MAY INCLUDE CONFERENCE FACILITIES. E. EDUCATIONAL FACILITIES, COLLEGE/UNIVERSITY. F. MAJOR UTILITY SERVICES INCLUDING ELECTRICAL SUBSTATIONS. G. MINOR UTILITY SERVICES INCLUDING UTILITY MAINTENANCE AND SERVICE FACILITES. H. RECREATIONAL FACILITIES IN ACCORDANCE WITH THE CENTER MASTER PLAN. I. INCIDENTAL RETAIL SALE OF GOODS OR COMMERCIAL ACTIVITY ASSOCIATED WITH A PERMITTED USE, PROVIDED THE SQUARE FOOTAGE DOES NOT EXCEED TWENTY (20) PERCENT OF THE GROSS FLOOR AREA. J. ACCESSORY USES ASSOCIATED WITH A PRIMARY PERMITTED USE IN ACCORDANCE WITH ANY ESTABLISHED COUNTY STANDARDS. K. WAREHOUSING AND DISTRIBUTION FOR NEW LOT4 ONLY KNOW ALL MEN BY THESE PRESENTS TO t 7 THAT ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUIs/TY, VIRGINIA IS THE FEE SIMPLE OF THE PARCEL OF LAND SHOWN HEREON CONTAINING 430.2718 ACRES AND BEING ALL OF THE . CONVEYED TO SAID OWNER IN INSTRUMENT RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT CC THE COUNTY OF ROANOKE, VIRGINIA IN INSTRUMENT No. 201315062. THE ABOVE DESCRIBED OWNER BY VIRTUE OF THE RECORDATION OF THIS PLAT, GRANTS TO T. WESTERN VIRGINIA WATER AUTHORITY, ALL PUBLIC WATERLINE RIGHTS AND EASEMENTS AND ALL PUBLIC SANITARY SEWER LINE RIGHTS AND EASEMENTS AS SHOWN HEREON, TO CONSTRUCT, INST IMPROVE, OPERATE, INSPECT, USE, MAINTAIN, REPAIR AND REPLACE A WATER AND/OR SEWER LIA LINES TOGETHER WITH RELATED IMPROVEMENTS, INCLUDING SLOPE(S), IF APPLICABLE, TOGETHER G THE RIGHT OF INGRESS AND EGRESS THERETO FROM PUBLIC ROAD, UPON, OVER, UNDER, AND AC) CERTAIN TRACTS OR PARCELS OF LAND BELONGING TO THE OWNER. THE ABOVE DESCRIBED OWNER BY VIRTUE OF THE RECORDATION OF THIS PLAT DOES HEREBY THE COUNTY OF ROANOKE THOSE CERTAIN AREAS SHOWN HEREON AS SET APART FOR USE AS Pi UTILITY EASEMENTS & PUBLIC DRAINAGE EASEMENTS. THE ABOVE DESCRIBED OWNER BY VIRTUE OF THE RECORDA TI0N OF THIS PLAT DOES HEREBY THE COUNTY OF ROANOKE, IN FEE SIMPLE TITLE, THE LAND SHOWN HEREON AS SET APART FOR f THE SAID OWNER DOES HEREBY CERTIFY THAT THEY HAVE RE —SUBDIVIDED THE LAND HEREON ENTIRELY OF THEIR OWN FREE WILL AND ACCORD AS REQUIRED BY SECTION 15.2-2240 THROUGH 15.2-2279 OF THE 1950 CODE OF VIRGINIA AS AMENDED TO DATE, AND AS REQUIRED BY THE COUNTY OF ROANOKE, VIRGINIA SUBDIVISION ORDINANCE AS AMENDED TO DATE WITNESS THE SIGNATURE AND SEAL OF SAID OWNER: 4440, totaerT ECONOMIC DEVEL e `DENT AUTHORITY OF ROANOKE COUNTY VIRGINIA Doi lF AUTHORIZED AGENT STA TE OF VIRGINIA OF /et TO WIT: Zr u.42-- e . � A NOTARY PUBLIC IN A D FOR THE AFORES ID TATE D EREBY CERTIFY THAT f WHOSE NAME 1S SIGNED TO THE FOREGOING WR/T1NG HAS PERSONALLY APPEARED BEFORE ME AND ACKNOWLEDGED THE SA E IN MY AFORESAID JURISDICTION ON THIS /02 DAY OF •r, 2018. MY COMMISSION EXPIRES C I4� &. 02e/9 2'!<; N©IE 1. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT BY A LICENSED ATTORNEY, THEREFORE, THERE MAY EXIST ENCUMBRANCES WHICH AFFECT THE SUBJECT PROPERTY THAT MAY NOT BE SHOWN HEREON. 2. THE SUBJECT PROPERTY LIES WITHIN THE LIMITS OF ZONE "X" AS SHOWN ON THE FEMA FLOOD INSURANCE RATE MAP, 51161CO118G, MAP REVISED SEPTEMBER 28, 2007 3 REFERENCE: BOUNDARY SURVEY AND CONSOLIDATION PLAT FOR THE COUNTY OF ROANOKE, VIRGINIA BY ENGINEERING CONCEPTS, INC. DATED AUGUST 11, 1997 RECORDED P.B. 20, PG. 92. 4. REFERENCE: RE -SUBDIVISION AND VACA T1ON PLAT FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, WRGINIA CENTER FOR RESEARCH & 1ECHNOL Y (CRT) SEC770N ONE BY CALDWELL WHITE ASSOCIATES DATED FEBRUARY 8, 2002 RECORDED P.B. 25, PG. 54. 5. REFERENCE: RE -SUBDIVISION PLAT FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA BY CALDWELL WHITE ASSOCIATES DATED OCTOBER 1, 2007 RECORDED INSTRUMENT No. 200800152. 6. REFERENCE: RE —SUBDIVISION AND VACA TTON PLAT FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA CENTER FOR RESEARCH & TECHNOLY (CRT) BY CALDWELL WHITE ASSOCIATES DATED JUNE 3, 2005 RECORDED P.B. 29, PG 64. 7. THE RECORDA TTON OF THIS PLAT OF SUBDIVISION DOES NOT CONSTT TUTS A CONVEYANCE OF LAND. ANY LOT, PARCEL OR TRACT OF LAND SHOWN HEREON THAT IS INTENDED FOR SALE AND/OR CONVEYANCE MUST BE CONVEYED BY DEED AND SAID DEED MUST BE RECORDED IN THE OFFICE OF THE CLERK OF CIRCUIT COURT OF THE CITY OF ROANOKE. 8. THIS PLAT IS BASED ON A CURRENT FIELD SURVEY. LEGEND CONC CONCRETE FND FOUND HWY HIGHWAY /PF IRON PIN FOUND MON MONUMENT PUE PUBLIC UTILITY EASEMENT R/W RIGHT OF WAY TAX No. 054.0-01-02 LOT 4 RIGHT OF WAY 0IIICATEO REMAINING PROPERTY 430.2718 ACRES —29.5686 ACRES --228.357_ ACRES 397.8675 ACRES 2.8357 ACRES (123,525 Sq. Ft.) BOUNDED BY CORNERS 1, 33, 32, 34 THROUGH 52, INCLUSI tE 8, 7, 6, 5, 4, 3, 2, TO 1 HEREBY DEDICATED FOR RIGHT OF WAY REMAINING PROPERTY OF ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY,, WC/NIA % 39Z8675 ACRES, TRACT A 1 / / INSTRUMENT No. 201315062 / TAX No. 054.00-01-02 / \ NEW 15' PUE PROPERTY OF TECTON PRODUCTS, LLC INSTRUMENT No. 200600473 TAX No. 054.00-01-02.01 NEW 15' PUE Qr NEW WATE NEW OIt'lSION LINES 1 71 Ti 1 SunCap PROPERTY GROUP This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Rendering provided for display purposes only and is not part of the Master Plan. SCHEMI Aerial Map Glenmary Drive Roanoke, LLC 0 Glenmary Drive 054.00-01-02.02-0000 Rezoning approximately 19acres toamend Master Plan Proposed Use: Warehousing and Distribution Magisterial District: Catawba Subject Site Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 0 145 290 Feet 580 Date: 8/ 18/2 023 1:4,514 0 0 . o +o i f. r- WMl�Mll�l Zoning Map Glenmary Drive Roanoke, LLC 0 Glenmary Drive 054.00-01-02.02-0000 Rezoning approximately l 9acrestoamend Master Plan Proposed Use: Warehousing and Distribution Magisterial District: Catawba Zoning PTD R1 Subject Site Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. ROANOKF Roanoke VA 24018 Feet 0 145 290 580 Date: 8/ 18/2 023 1:4,514 Future Land Use Map Glenmary Drive Roanoke, LLC 0 Glenmary Drive 054.00-01-02.02-0000 Rezoning approximately l9acrestoamend Master Plan Proposed Use: Warehousing and Distribution Magisterial District: Catawba Future Land Use Development Neighborhood Conservation Transition Core Principal Industrial Subject Site Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 Feet 0 145 290 580 Date: 8/ 18/2 023 1:4,514 PTD District Regulations SEC. 30-63. PTD PLANNED TECHNOLOGY DEVELOPMENT DISTRICT. Sec. 30-63-1. Purpose. (A) The planned technology development (PTD) district is established primarily for Type I and Type II manufacturing and industrial uses. Supporting accessory uses and facilities, such as office, commercial establishments, and residential areas are also permitted. The PTD district is intended to be designed with a park -like setting that complements surrounding land uses by means of appropriate siting of buildings, controlled access points, attractive and harmonious architecture, effective landscape buffering and scenic view easements. The district is intended to provide flexibility in design and site layout, allow latitude in combining different use types within a single development, and provide the developer with incentives to create an aesthetically pleasing and functional planned development. In addition, the intent of the planned technology development (PTD) district is to provide certain industries that are clean and environmentally efficient the opportunity to locate in an area of like technologies in what is generally known as a mixed use park, developed under a complete, comprehensive master plan. Standards are provided for landscaping, buffering and open space to encourage high technology industries and to ensure a park- like atmosphere. Important in determining the location and size of a PTD are the accessibility of the location, the availability of public utilities, public safety services and the suitability of the topography for site and building development purposes. (Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042898-15, §§ 1, 2, 4-22-98) Sec. 30-63-2. Permitted uses. (A) All of the residential, civic, office, commercial, industrial and miscellaneous use types listed in article II of this ordinance are permitted in the PTD district. Residential use types shall be limited to no more than fifteen (15) percent of the total gross square footage. No use shall be permitted except in conformity with the uses specifically included in the final master plan. (Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042898-15, §§ 1, 2, 4-22-98) Sec. 30-63-3. Site Development Regulations. (A) Each planned technological development shall be subject to the following site development standards: 1. Minimum district size: 15 acres of contiguous land. 2. Minimum front setbacks: All structures proposed to front on existing public streets external to the PTD shall be located a minimum of 30 feet from the existing public right-of-way. 1 PTD District Regulations 3. The zoning administrator shall determine buffer yard requirements based on the existing or proposed use in the PTD and the district in which those uses are permitted. 4. Lot coverage: Maximum lot coverage shall be determined through the preliminary master plan process and shall not exceed seventy-five (75) percent. 5. Public streets in the PTD district shall be built in accordance with VDOT and Roanoke County standards. In reviewing the PTD preliminary master plan, the commission may recommend, and the board may approve, one (1) or more private streets within the proposed district. Private residential streets in the PTD district shall be built in accordance with the private road standards specified in the Roanoke County Design Handbook. Construction details for private residential streets shall be submitted with the PTD preliminary master plan. 6. The applicant may propose a reduction to the number of parking spaces required by this ordinance for each use type, if justified. This proposal will be reviewed with consideration given to potential future uses of the site, parking demand and expansion potential. 7. Maximum height of structures: When adjoining property zoned residential, forty- five (45) feet, including rooftop mechanical equipment. The maximum height may be increased provided each required yard (side, rear, or buffer) adjoining a residential district is increased two (2) feet for each foot in height over forty-five (45) feet. This distance shall be measured from the portion of the structure which exceeds forty-five (45) feet. In all other locations the height is unlimited. 8. Arrangement of areas: a. The location and arrangement of structures, parking, access drives, outdoor lighting, signs, and other uses and developments within the PTD, in addition to achieving these development standards, shall be accomplished in accordance with an approved final master plan to assure compatibility with the existing and future land use in the vicinity. b. All areas designed for future expansion or not intended for immediate improvement or development shall be specified as reserve areas in the preliminary master plan. The future use and the limitations on future use of such area shall be specified, or else such areas shall not be included as part of the PTD application. Reserve areas included in the PTD shall be landscaped or otherwise maintained in a neat and orderly manner 9. Accessory structures shall not exceed forty (40) percent of the gross floor area of the principal structure. 2 PTD District Regulations 10. Every structure in the PTD shall be a fully enclosed building of permanent construction. Any outside storage area shall be fully screened so that no materials so stored are visible at any lot line or public right-of-way. 11. Lighting: Lighting shall comply with section 30-94 of this ordinance. 12. Utilities: Utilities shall be underground unless the type of service necessary for normal activities of the industry or business shall prohibit underground installation. (Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042898-15, §§ 1, 2, 4-22-98; Ord. No. 052411-9, § 1, 5-24-11) Sec. 30-63-4. Site Development Recommendations. (A) The planned technology development district should be designed and developed as a manufacturing, industrial and technology park with high standards for landscaping, buffering and open space. To ensure a park -like atmosphere the following site development recommendations are made. (1) The principal entrance into the PTD district should be sufficiently landscaped to comply with the purposes of this district. In addition, the first one hundred (100) linear feet of street, leading through this principal entrance into the PTD, should have a landscaped median of sufficient width and planting density to meet the purposes of this district. (2) Parking within the PTD should be located to the side or rear of the principal structures on the lot, wherever feasible. During review, consideration will be given to topographical constraints, innovative site design, buffering and landscaping factors. (3) Loading areas should be screened from public view and should not be placed in front yards. (4) Fences should not be placed in front yards except as necessary for security purposes. Fencing should be uniform and well kept. (Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042898-15, §§ 1, 2, 4-22-98) Sec. 30-63-5. Relationship to Existing Development Regulations. (A) All zoning regulations shall apply to the development of the PTD district, unless modified by the board of supervisors in the approval of the final master plan. (Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042898-15, §§ 1, 2, 4-22-98) 3 PTD District Regulations Sec. 30-63-6. Application process. (A) The timeframes outlined in the section are the maximum timeframes mandated by the Code of Virginia. Roanoke County will make every reasonable effort to complete the application process within a shorter timeframe. (B) Prior to submitting a formal application for review and approval under these provisions, the applicant and county staff shall meet to discuss the requirements of this section. The purpose of the meeting is to obtain a mutual understanding of the application requirements and process. The applicant is encouraged to submit information on the scope and nature of the proposal to allow staff to become familiar with the proposal in advance of this meeting. (C) Any application to rezone land to the PTD designation, shall constitute an amendment to the zoning ordinance pursuant to section 30-14. This information shall be accompanied by graphic and written information, which shall constitute a preliminary master plan. All information submitted shall be of sufficient clarity and scale to clearly and accurately identify the location, nature, and character of the proposed district. (D) The completed rezoning application and supporting preliminary master plan materials shall be submitted to the planning commission for review and analysis. The commission shall review this information and make a report of its findings to the board of supervisors. The commission shall as part of its review hold a public hearing pursuant to section 15.2- 2204 of the Code of Virginia, as amended. The proposed district shall be posted with signs indicating the date and time of the commission public hearing. (E) The commission shall make a report of its findings to the board of supervisors within ninety (90) days of the receipt of the materials, unless the applicant requests, or agrees to an extension of this time frame. The commission's report shall recommend approval, approval with modifications, or disapproval of the preliminary master plan. Failure of the commission to make a report of its findings to the board of supervisors within this period shall constitute a commission recommendation of approval. (F) If the commission recommends denial of the preliminary master plan, or approval with modification, the applicant shall, if requested, have sixty (60) days to make any modifications. If the applicant desires to make any modifications to the preliminary master plan, the board of supervisor's review and action shall be delayed until such changes are made and submitted for review. (G) The board of supervisors shall review the preliminary master plan, and after holding a public hearing act to approve or deny the plan within ninety (90) days. Approval of the preliminary master plan shall constitute acceptance of the plan's provisions and concepts as proffers pursuant to section 30-15 of this ordinance The plan approved by the board of supervisors shall constitute the final master plan for the PTD. Once approved by the board of supervisors, the administrator shall authorize the revisions to the official zoning map to indicate the establishment of the PTD district. 4 PTD District Regulations (Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042799-11, § la., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-63-7. Revisions to final master plan. (A) Major revisions to the final master plan shall be reviewed and approved following the procedures and requirements of section 30-63-6. Major revisions include, but are not limited to changes such as: 1. Any significant increase in the density of the development; 2. Substantial change in circulation or access; 3. Substantial change in grading or utility provisions; 4. Substantial changes in the mixture of land uses; 5. Substantial change in architectural or site design features of the development; 6. Any other change that the administrator finds is a major divergence from the approved final master plan. (B) All other changes in the final master plan shall be considered minor amendments. The administrator, upon receipt of a written request of the owner, may approve such minor amendments. 1. If the administrator fails to act on a request for a minor amendment to the master plan within thirty (30) calendar days, it shall be considered approved. 2. A request which is disapproved by the administrator shall be considered a major amendment and shall be subject to the approval process outlined above for such amendments. (Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042898-15, §§ 1, 2, 4-22-98; Ord. No. 052411-9, § 1, 5-24-11) Sec. 30-63-8. Approval of preliminary and final site development plans. (A) Following the approval of the final master plan, the applicant or its authorized agent, shall be required to submit preliminary and final site development plans for approval. Final site development plans for any phase or component of the PTD that involves the construction of structures or facilities, shall be approved prior to the issuance of a building and zoning permit, and the commencement of construction. Standards for preliminary and final site development plans are found in a document entitled land development procedures, available in the department of community development. 5 PTD District Regulations (B) It is the intent of this section that subdivision review under the subdivision regulations be carried out simultaneously with the review of a planned industrial development under this section. The plans required under this section shall be submitted in a form which will satisfy the requirements of the subdivision regulations, as determined by the administrator. (C) Preliminary and final site development plans submitted for review shall be in compliance with the final master plan approved by the board of supervisors. Roanoke County shall review and approve or disapprove any final site development plan within sixty (60) days of its submittal. (Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042898-15, §§ 1, 2, 4-22-98; Ord. No. 042799-11, § ld., 4-27-99, Ord. No. 062717-4, § 1, 7-27-17) Sec. 30-63-9. Reserved. (Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042898-15, §§ 1, 2, 4-22-98, Ord. No. 062717-4, § 1, 7-27-17) Sec. 30-63-10. Control following approval of final development plans. (A) The zoning administrator shall periodically inspect the site and review all building permits issued for the development to ensure that the development is in general compliance with the submitted schedule. (Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042898-15, §§ 1, 2, 4-22-98) 6 Principal Industrial: A future land use area where a variety of industry types are encouraged to locate. Principal Industrial areas are existing and planned regional employment centers and are distributed throughout the county, convenient to major residential areas and suitable highway access. Due to limited availability, areas designated as Principal Industrial are not appropriate for tax-exempt facilities. Land Use Types: Agricultural - Industries which involve the manufacturing, storage, marketing and wholesaling of agricultural products. These industries may also be located outside of the Principal Industrial areas, within the rural designations, where agricultural skills may be found. Small Industries and Custom Manufacturing - These industries typically serve a local market and may involve the on -site production of goods by hand manufacturing. Mining and Extraction - These facilities locate according to the availability of natural resources. Industrial - Conventional freestanding industrial uses, warehouses, wholesalers, storage yards. Industrial Parks - Large tracts of land that are subdivided, developed and designed according to a unified plan. These parks are employment centers and may include mixed land uses including supporting retail services. These types of industries are encouraged to develop in Principal Industrial areas. Planned industrial parks should incorporate greenways, bike and pedestrian paths into their designs and link these features to surrounding neighborhoods where appropriate. Land Use Determinants: EXISTING LAND USE PATTERN - Locations where industry has historically developed. EXISTING ZONING - Locations zoned industrial. ECONOMIC OPPORTUNITY AREAS - Locations identified by Roanoke County as an economic opportunity area. EMPLOYMENT CENTERS - Locations where labor- intensive industries exist. TOPOGRAPHY - Locations that can be developed in an environmentally sensitive manner and that are outside of the designated floodplain. RESOURCE PROTECTION - Locations that can be developed in such a way as not to threaten valuable natural resources. WATER AND SEWER SERVICE AND SUPPLY - Locations where water and sewer service exist or can be provided in the near future. ACCESS - Locations served by an adequate public street system that does not direct traffic through existing residential neighborhoods. TRANSPORTATION CENTERS - Locations within close proximity to rail, airport and major street systems. URBAN SECTOR - Locations served by, or in close proximity to urban services. Glenmary Drive Roar Amend a portion, approximately 19.06 acre the Roanoke County Center for Research a warehousing and distribution as a Board of Supervisors Public f October 24 2023 2 Location Ma • 5200 and 5300 blocks of Glenmary Drive • Current Use: Vacant • Amend the CRT Master Plan to allow for additional use • Proposed Use: Warehousing and Distribution 3 Project Site • 1999: 457 acres was rezoned along Glenmary establish CRT. Master Plan and design guidelin were developed and became proffers • Novozymes and Tecton located in CRT • 2007: an additional 25 acres was rezoned fron' amended • 2019: Proffers were removed. Master Plan was development standards and permitted uses. T remained the same • 2022: AEP constructed transmission operations Lot 5 of CRT 4 PropertyBackgr • Section 30-63 of the Zoning Ordinance prc regulations for properties zoned PTD (Planr Development). Section 30-63 also outlines process to rezone properties to PTD, the in1 the application, and the process for revisir once adopted by the Board of Supervisor • Adding a new use to the permitted uses a Plan is considered a major revision and rec to go through the rezoning process. 5 Zoning Backgro PERMITTED USES' row ti 't T, N, GCA L HAN NI•na.. LA1FT �J "-RECREATION\IIA JMA P TP PARCEL.: N S A....3 NEW LOT 4 +I. 19.06 AC. PROPERTIES W1MM TH PURPOSES. LAND OS. A. CORPORATE OFFIC R. SCIENCE, RESEARCI LABORATORLES WHO EFFICIENT. C. GENERAL MANOFA (INDUSTRY, TYPES US. ARE ENWHONMENTALL O. HOTEL WHICH MA E. EDUCATIONAL FAC F. MAJOR UTILITY SEF G. MINOR UTILITY SEI SERVICE FACILITES. H. RECREATIONAL FA PLAN. I. INCIDENTAL RETAIL ASSOCIATED WITH A PE NOT EXCEED TWENTY [: 1. ACCESSORY USES A \ ACCORDANCE INMI AN •, K. WARENOUSII PLATTE INST. 21 +1. 29.5f ROANOKE COUNTY CENTER FOR RESEARCI 6 Master Plan CRT Master Nan Standards for New Lot 4 PERMITTED USES: PROPERTIES WITHIN THE CENTER SHALL BE U5ED ONLY FOR THE FOLLOWING PURPOSES. NOT LISTED ,ARE PROHIBITED. A. CO RPORATE OFFICES. AND GENERAL OFFICE USE. B. SCIENCE, RESEARCH AND TECHNOLOGY BUSINESSES, SERVICES; OR LABO1 WHERE PROCESSES ARE ENVIRONMENTALLY CLEAN AND EFFICIENT. C. GENE RALMANUFACTURING AND ASSEMBLY ESTABLISHMENTS 11NDUSTR WHERE PROCESSES, FABRICATION AND PRODUCTS ARE ENVIRONMENTAL E FFICI EN T. D. HOTEL WHICH MAY INCLUDE CONFERENCE FACIL TIES. E. E D UCLTIONAL FACILITIES COLLEG E{UN IV E P5 T'r'. F. MAJOR UTILITY SERVICES INCLUDING ELECTRICALSUBSfATION5. G. MINOR UTILITY SERVICES INCLUDING UTLITY MAINTENANCE AND SERVIC H. RECREATIONAL FACILITIES IN ACCORDANCE WITH THE CENTER M ASTER P I_ INCIDENTAL RETAIL SALE OF G OODS OR COMMERCIAL ACT VITY ASSOCIA PERMITTED USE, PROVIDED THE SQUARE FOOTAGE DOES NOT EXCEED P. PERCENT OF THE GROSS FLOOR AREA. Ji. ACCESSORY USES ASSOCIATED WITH A PR MA W PERMITTED USE IN ACC{ ANY ESTABLISHED COUNTY STANDARDS.. K. k'.'.$ REHOUS NG AND DISTRIBUTION FOR NEW LOT 4 ONLY 7 Master Plan • Proposed 90,300 square foot warehousing and distribution center • Two proposed access points • 114 automobile parking spaces, 34 truck parking and 64 trailer parking spaces • Future parking lot expansion • If approved, comprehensive site plan and building plan review will be required 77.-,,,,,...,,,,...:r. :4:::::::::,:.1:::=:::::-.57=-::-.7-7,1,..7--',..L\L--",:-.1:,) Z. .Y�F�., A F R.,y{���. tl�f�.�'py ~� �5 451�5y._ 1M y^Y9Ytit L, 1 1 S 1' 4 1�3sf -ti::r _�4t,a,Yt�}y �_ k �Jfig _ i;,'_j 4�%� • .01 '"L.... 4' 4.... \i)tk f J I J I I.ir n • 8 Concept Pla Existing Zoning • PTD, Planned Technology Development District Surrounding Zoning • North, East and West -PTD, part of CRT • South - R-1, across 81 10 Zoning Principal Industrial • These areas are existing and planned regional employment centers and are distributed throughout the County • The proposed amendment is consistent with the Principal Industrial future land use designation and the Economic Development Plan section • Vision statement and several goals of Glenvar Community Plan (2012) 11 Comprehensive Public Hearing -October 3, 2023 • No citizens spoke during the public h • The Planning Commission discussed 1 history of the Center for Research an the use being a good fit for the park location. The Planning Commission recommenc request to amend a portion of the Roa for Research and Technology Master F warehousing and distribution as a pert 12 Planning Commit Question 13 Peter S. Lubeck COUNTY ATTORNEY ROANOKE COUNTY OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800 Roanoke, Virginia 24018-0798 TEL: (540) 772-2071 FAX: (540) 772-2089 SAMPLE MOTIONS Mary Beth Nash Rachel W. Lower Marta J. Anderson SENIOR ASSISTANT COUNTY ATTORNEYS The petition of Glenmary Drive Roanoke LLC to amend a portion (approximately 19.06 acres) of the Roanoke County Center for Research and Technology Master Plan to allow warehousing and distribution as a permitted use, located within the 5200 and 5300 blocks of Glenmary Drive, Catawba Magisterial District. MOTION TO APPROVE I find that the proposed rezoning request: 1. Is consistent with the purpose and intent of the County's adopted comprehensive plan, 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 and amend the Roanoke County Center for Research and Technology Master Plan to allow warehousing and distribution as a permitted use on approximately 19.06 acres located within the 5200 and 5300 blocks of Glenmary Drive. MOTION TO DENY I find that the proposed rezoning request: 1. Is inconsistent with the purpose and intent of the County's adopted comprehensive plan and good zoning practice, or 2. Will result in substantial detriment to the community. I therefore MOVE THAT WE DENY the rezoning request as it has been requested. MOTION TO DELAY ACTION I find that the required information for the submitted proposal is incomplete. I therefore MOVE TO DELAY action until additional necessary materials are submitted to the Board of Supervisors. PERMITTED USES: F CO NEW0 STORM WATER LAKE PARCEL 2: 26 Arre. )N 'MES 0 CALLAHAN'', POND '`TRECREATION AREA PROPERTIES WITHIN THE CENTER SHALL BE USED ONLY FOR THE FOLLOWING PURPOSES. LAND USES NOT LISTED ARE PROHIBITED. A. CORPORATE OFFICES AND GENERAL OFFICE USE. B. SCIENCE, RESEARCH AND TECHNOLOGY BUSINESSES, SERVICES, OR LABORATORIES WHERE PROCESSES ARE ENVIRONMENTALLY CLEAN AND EFFICIENT. C. GENERAL MANUFACTURING AND ASSEMBLY ESTABLISHMENTS (INDUSTRY, TYPE I USES) WHERE PROCESSES, FABRICATION AND PRODUCTS ARE ENVIRONMENTALLY CLEAN AND EFFICIENT. D. HOTEL WHICH MAY INCLUDE CONFERENCE FACILITIES. E. EDUCATIONAL FACILITIES, COLLEGE/UNIVERSITY. F. MAJOR UTILITY SERVICES INCLUDING ELECTRICAL SUBSTATIONS. G. MINOR UTILITY SERVICES INCLUDING UTILITY MAINTENANCE AND SERVICE FACILITES. H. RECREATIONAL FACILITIES IN ACCORDANCE WITH THE CENTER MASTER PLAN. I. INCIDENTAL RETAIL SALE OF GOODS OR COMMERCIAL ACTIVITY ASSOCIATED WITH A PERMITTED USE, PROVIDED THE SQUARE FOOTAGE DOES NOT EXCEED TWENTY (20) PERCENT OF THE GROSS FLOOR AREA. • J. ACCESSORY USES ASSOCIATED WITH A PRIMARY PERMITTED USE IN \ ACCORDANCE WITH ANY ESTABLISHED COUNTY STANDARDS. •1 K. WAREHOUSING AND DISTRIBUTION FOR NEW LOT 4 ONLY. L ti PLATTED AS EXISTING LOT 4 INST. 201812191 +/- 29.56 AC. EXHIBIT-B MASTER PLAN ki NOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY CRT Master Plan Standards for New Lot 4 STANDARDS: HEIGHT: WHEN ADJOINING PROPERTY THAT IS ZONED RESIDENTIAL, THE MAXIMUM BUILDING HEIGHT SHALL BE FORTY-FIVE (45) FEET, INCLUDING ROOFTOP MECHANICAL EQUIPMENT. THE MAXIMUM HEIGHT MAY BE INCREASED, PROVIDED EACH REQUIRED YARD ADJOINING A RESIDENTIAL DISTRICT IS INCREASED TWO (2) FEET FOR EACH FOOT IN HEIGHT OVER FORTY-FIVE (45) FEET. THIS DISTANCE SHALL BE MEASURED FROM THE PORTION OF THE STRUCTURE WHICH EXCEEDS FORTY-FIVE (45) FEET. IN ALL OTHER LOCATIONS, THE HEIGHT IS UNLIMITED, SUBJECT, HOWEVER, TO THE APPROVAL OF THE ZONING ADMINISTRATOR. LIGHTING: ALL LIGHTING IN THE DEVELOPMENT SHALL BE SHIELDED AND DIRECTED DOWNWARD TO CONTROL EXTRANEOUS LIGHT OR GLARE. WHERE DEVELOPMENT IS LOCATED ADJACENT TO BUFFERS, DARK/NIGHT SKY FRIENDLY LIGHTING USING FULL CUTOFF LIGHTING FIXTURES IS ENCOURAGED SO THAT THERE IS NO DIRECT LIGHT UPWARD AND NO GLARE. THE INTENSITY AT ADJOINING STREET OR RESIDENTIAL PROPERTIES SHALL NOT EXCEED 0.5 FOOT CANDLES. LIGHT POLES AND FIXTURES FOR PARKING LOTS, LOADING/UNLOADING AREAS AND ACCESS WAYS SHALL BE NO GREATER THAN 25 FEET IN HEIGHT ABOVE GRADE, AND KEPT TO MINIMUM NECESSARY FOR DIRECTION AND SAFETY DURING OPERATING HOURS. WALKWAYS AND BUILDING ENTRIES ARE ENCOURAGED TO HAVE GROUND LEVEL LIGHTING OR PEDESTRIAN SCALE LIGHTING NOT EXCEEDING 15 FEET IN HEIGHT. MINIMUM FRONT SETBACKS: ALL STRUCTURES PROPOSED TO FRONT ON EXISTING PUBLIC STREETS EXTERNAL TO THE DEVELOPMENT SHALL BE LOCATED A MINIMUM OF THIRTY (30) FEET FROM THE EXISTING PUBLIC RIGHT-OF-WAY. LOT COVERAGE: MAXIMUM LOT COVERAGE SHALL NOT EXCEED SEVENTY-FIVE (75%) PERCENT. SUBDIVISION: SHOULD THE PARCELS WHICH COMPRISE THE PROPERTY BE COMBINED OR SUBDIVIDED, THE STANDARDS SHALL BIND EACH SUBDIVIDED OR RECOMBINED PARCELS, AS APPLICABLE. SIGNAGE: NO MORE THAN THREE (3) PRIMARY SIGNS PER BUSINESS MAY BE ERECTED ON A PROPERTY. TWO SIGNS MAY BE ATTACHED TO THE FACE OF THE PRIMARY BUILDING AND ONE MAY BE ERECTED AS A GROUND MONUMENT SIGN. IF PLACED ON THE BUILDING, THE SIGNS SHALL NOT EXCEED 300 SQUARE FEET IN SIZE OR TEN PERCENT OF THE FRONT FACADE, WHICHEVER IS LESS. IF ERECTED AS A GROUND MONUMENT STRUCTURE, THE SIGN SHALL NOT EXCEED 60 SQUARE FEET IN SIZE AND SHALL NOT EXCEED TWELVE (12) FEET IN HEIGHT. GROUND MONUMENT SIGNS MAY HAVE TWO FACES. GROUND MONUMENT SIGNS SHALL BE SETBACK A MINIMUM OF 15 FEET FROM THE FRONT PROPERTY LINE. CRT Master Plan Standards for New Lot 4 PERMITTED USES: PROPERTIES WITHIN THE CENTER SHALL BE USED ONLY FOR THE FOLLOWING PURPOSES. LAND USES NOT LISTED ARE PROHIBITED. A. CORPORATE OFFICES AND GENERAL OFFICE USE. B. SCIENCE, RESEARCH AND TECHNOLOGY BUSINESSES, SERVICES, OR LABORATORIES WHERE PROCESSES ARE ENVIRONMENTALLY CLEAN AND EFFICIENT. C. GENERAL MANUFACTURING AND ASSEMBLY ESTABLISHMENTS (INDUSTRY, TYPE I USES) WHERE PROCESSES, FABRICATION AND PRODUCTS ARE ENVIRONMENTALLY CLEAN AND EFFICIENT. D. HOTEL WHICH MAY INCLUDE CONFERENCE FACILITIES. E. EDUCATIONAL FACILITIES, COLLEGE/UNIVERSITY. F. MAJOR UTILITY SERVICES INCLUDING ELECTRICAL SUBSTATIONS. G. MINOR UTILITY SERVICES INCLUDING UTILITY MAINTENANCE AND SERVICE FACILITES. H. RECREATIONAL FACILITIES IN ACCORDANCE WITH THE CENTER MASTER PLAN. I. INCIDENTAL RETAIL SALE OF GOODS OR COMMERCIAL ACTIVITY ASSOCIATED WITH A PERMITTED USE, PROVIDED THE SQUARE FOOTAGE DOES NOT EXCEED TWENTY (20) PERCENT OF THE GROSS FLOOR AREA. J. ACCESSORY USES ASSOCIATED WITH A PRIMARY PERMITTED USE IN ACCORDANCE WITH ANY ESTABLISHED COUNTY STANDARDS. K. WAREHOUSING AND DISTRIBUTION FOR NEW LOT4 ONLY AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 24, 2023 ORDINANCE AMENDING A PORTION (APPROXIMATELY 19.06 ACRES) OF THE ROANOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY MASTER PLAN TO ALLOW WAREHOUSING AND DISTRIBUTION AS A PERMITTED USE, LOCATED WITHIN THE 5200 AND 5300 BLOCKS OF GLENMARY DRIVE, CATAWBA MAGISTERIAL DISTRICT WHEREAS, Glenmary Drive Roanoke LLC is requesting to amend a portion (approximately 19.06 acres) of the Roanoke County Center for Research and Technology Master Plan to allow warehousing and distribution as a permitted use on "New Lot 4" as shown on the attached "Exhibit B" submitted by Glenmary Drive Roanoke LLC as part of this request; and WHEREAS, the first reading of this ordinance was held on September 26, 2023, and the second reading and public hearing were held on October 24, 2023; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 3, 2023; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition to amend a portion (approximately 19.06 acres) of the Roanoke County Center for Research and Technology Master Plan to allow warehousing and distribution as a permitted use on "New Lot 4" as shown on the attached "Exhibit B"; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. The Board finds that the proposed request is consistent with the purpose and intent of the County's adopted comprehensive plan, is good zoning practice, and will not result in substantial detriment to the community. Page 1 of 2 2. The Roanoke County Center for Research and Technology Master Plan is hereby amended as reflected in the attached "Exhibit B" and warehousing and distribution shall be allowed as permitted uses on "New Lot 4" only as shown on the attached "Exhibit B". 3. This ordinance shall be in full force and effect thirty (30) days after its final passage. Page 2 of 2 ACTION NO. ITEM NO. K.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 24, 2023 AGENDA ITEM: The petition of Terry Dooley, Jr. to obtain a special use permit to operate a short-term rental on approximately 0.2363 acre of land zoned R-1, Low Density Residential District, located at 4501 Girard 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 for a special use permit for short-term rental in a residential district. BACKGROUND: The Roanoke County Zoning Ordinance defines a short-term rental as "the provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy. This use does not include existing uses defined in this ordinance including bed and breakfast, bed and breakfast inn, boarding house, country inn, and hotel/motel/motor lodge." A short-term rental has several use and design standards. In the R-1 and R-2 zoning districts, a special use permit is required for a short-term rental on lots less than five (5) acres in size. DISCUSSION: The Planning Commission held a public hearing on this application on October 3, 2023. Ten (10) citizens spoke in opposition to the petition during the public hearing. Issues Page 1 of 3 and concerns raised included: previous violation for short-term rental without a permit, out of town owner (Georgia), advertising for gatherings up to 25 people, no contact information for owner, small close knit community with one entrance, increase in crime, traffic impacts, increased noise, fear of not knowing who would be coming or going, safety concerns, why let this use in this neighborhood, fears over additional short-term rentals if this one is approved, and wanting to protect their neighborhood as a neighborhood. The Planning Commission asked the applicant about security and background checks of renters (applicant logs and validates all guest entries, the house has a security system, and he reviews prior host feedback of renters), marketing platforms (applicant currently manages the property but he is looking to use Airbnb platform in the future if approved), rental patterns (property currently rented long-term to college professor for fall and spring semesters and he is looking to add short-term rental for time between semesters), management of property -related issues (local family members would assist with upkeep and maintenance of the property), and any age restriction on rentals (currently none in place). The Planning Commission also discussed the issue of large gatherings, zoning permit requirements, and possible special use permit conditions. The Planning Commission recommends approval of the special use permit to operate a short-term rental with the following three (3) conditions: 1. The number of overnight guests shall not exceed six (6) people. 2. There shall be no gatherings of more than eight (8) people at a time at the residence. 3. Applicant shall be required to provide Roanoke County staff with a list of house rules, and be required to provide any amendments to those house rules to Roanoke County staff. 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 for a special use permit to operate a short-term rental on approximately 0.2363 acre on property zoned R-1, Low Density Residential District, with three conditions: 1. The number of overnight guests shall not exceed six (6) people. Page 2 of 3 2. There shall be no gatherings of more than eight (8) people at a time at the residence. 3. Applicant shall be required to provide Roanoke County staff with a list of house rules and be required to provide any amendments to those house rules to Roanoke County staff. Page 3 of 3 STAFF REPORT Petitioner: Terry W. Dooley, Jr. Request: To obtain a special use permit to operate a short-term rental on approximately 0.2363 acre of land zoned R-1, Low Density Residential District Location: 4501 Girard Drive Tax Parcel: #077.17-02-40.00-0000 Magisterial District: Cave Spring Suggested Conditions: 1. The number of overnight guests shall not exceed six (6) people. EXECUTIVE SUMMARY: Terry Dooley, Jr. is petitioning to obtain a special use permit to operate a short-term rental on approximately 0.2363 acre of land zoned R-1, Low Density Residential District, located at 4501 Girard Drive in the Cave Spring Magisterial District. The short-term rental is proposed for the entire single-family dwelling. The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel as Neighborhood Conservation. Neighborhood Conservation is a future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. The proposed special use permit is consistent with the Neighborhood Conservation future land use designation. 1. APPLICABLE REGULATIONS The Roanoke County Zoning Ordinance defines a short-term rental as "the provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy. This use does not include existing uses defined in this ordinance including bed and breakfast, bed and breakfast inn, boarding house, country inn, and hotel/motel/motor lodge." Section 30-85-24.55 of the Roanoke County Zoning Ordinance contains the following use and design standards for short-term rentals: (A) General Standards: 1. The applicant shall obtain a zoning permit prior to the occupation of a room or dwelling for short- term rental. The zoning permit application shall include, but not be limited to, the following information: a. All relevant parcel information including tax map number, zoning district, address, and magisterial district. b. The applicant's name, address, and personal contact information. c. The name, address, and personal contact information of the authorized party responsible for resolving complaints, if different from the applicant. 1 2. The County shall be notified within thirty (30) days of any change in the applicant's address or personal contact information, or any change in the name, address or personal contact information of the authorized party responsible for resolving complaints. 3. A short-term rental zoning permit expires upon any change in ownership of the property. 4. A short-term rental zoning permit may be revoked by the Zoning Administrator due to the failure of the applicant to comply with all applicable regulations set forth in this section or elsewhere in the Zoning Ordinance or County Code. (B) In the R-1 and R-2 zoning district, the following standard shall apply: 1. A special use permit shall be required on lots less than five (5) acres. Lots that are five (5) acres or greater in size, a short-term rental shall be considered a use permitted by right. Since the property for this proposed short-term rental is zoned R-1 and is not five (5) acres or greater, a special use permit is required. 2. ANALYSIS OF EXISTING CONDITIONS Background — This property contains a one story single-family residence, driveway and accessory building. The Roanoke County assessment records have estimated that this residence was built in 1966. The applicants purchased the property on June 30, 2020. Mr. Dooley did initially operate a short-term rental, however discontinued the use after zoning enforcement action from Roanoke County. Since that time, the home has been rented on a long-term (more than 30 days) basis. Mr. Dooley is now requesting the option to rent it out as a short-term (less than 30 days) rental. Topography/Vegetation —The property consists of a mostly flat terrain, characterized by a grassy front lawn. Similarly, the rear yard is level and flat, enclosed by a fence. Landscaping is planted around the house. Surrounding Neighborhood — The subject parcel is located in an area that is entirely zoned R-1 (Low Density Residential) and contains single family residences. Community Outreach — Approximately 38 letters were mailed out to adjoining property owners. The letters contained the application information, hearing dates, and aerial map along with direct contact information for staff and instructions on how to submit comments for the public hearings. Neighborhood Petition — On September 19, 2023, a petition was submitted from the Eton Hills Neighborhood containing 71 signatures of residents that oppose this special use permit request. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture — There are no proposed changes to the site. The house has two (3) bedrooms, one (1) full bath, a half bath, a living room, a dining room, and a kitchen. Access/Traffic Circulation — The property has an existing paved driveway which serves as the property's entrance from Hammond Lane/Girard Drive and can accommodate two parked vehicles. Additional parking is available along the street. 2 Screening & Buffering — No screening or buffering would be required for this development. Agencies Comments: The following agencies provided comments on this application: Office of Building Safety — No comments. Roanoke County Transportation — No comments. Fire and Rescue — Fire and Rescue does not object to this project and it will not increase the services we provide. General Services — General Services does not see any issues or have any comments. VDOT — We have reviewed the above -mentioned special use request. It appears from the information provided that granting special use for a short-term rental at this property will not adversely impact the VDOT right-of-way. Any future expansions or redevelopment of the parcel or alteration to the existing drive may require VDOT review, approval, and permitting. Stormwater Operations — No comments. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel is Neighborhood Conservation. Neighborhood Conservation is a future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. The proposed special use permit is consistent with the Neighborhood Conservation future land use designation 5. STAFF CONCLUSIONS Terry W. Dooley, Jr. is petitioning to obtain a special use permit to operate a short-term rental on approximately 0.2363 acre of property zoned R-1, Low Density Residential District, located at 4501 Girard Drive in the Cave Spring Magisterial District. The short-term rental is proposed for the entire single family dwelling. The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel is Neighborhood Conservation. The proposed special use permit is consistent with the Neighborhood Conservation future land use designation. Staff suggests one (1) condition limiting overnight guests to six (6) people. CASE NUMBER: 13-10/2023 PREPARED BY: Lionel Cruz -Cruz HEARING DATES: PC: October 3, 2023 BOS: October 24, 2023 ATTACHMENTS: Application Materials Maps (Aerial, Zoning, Future Land Use) Photographs R-1 District Regulations Neighborhood Conservation Future Land Use Designation Public Comments 3 County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P Q Box 29800 Roanoke, VA 24018 (540) 772-2068 FAX (540) 776-7155 For Staff Use Only Date received: Received by. Application fee: PCJBZAdate: Placards issue!: BOS date: Case Number ALL APPLICANTS Check type of application filed (check all that apply) ❑ Rezoning eSpecial Use o Variance o Waiver o Administrative Appeal o Comp Plan (15.2-2232) Review Applicantsfname/address w/zip ` e'A'`y U © I e „I r 3/0 e"S Jte O� ifre,s., 7ri4 64 3 P "LG f Phone: Cell #: 6-1 O - 5 ' - 8'01 _le,� Email: 4e, P a .0, o.Cspy Contact for Legal Ads rt , • L Owner's name/address w/zip Phone #: Cell #: Email: pee P�i 5d li or P OQ IJ o ke, VA '2'/ 011 Magisterial District: 6-4Vt 5-p r i fl Community Planning area: J Tax Map Na: Existing Zoning: p 1 Size of parcel(s): Acres: O. 2 36 3 Existing Land Use: cm" 1 ! / / EtAi ! i jI 1 /� i/la,i `/(1 REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15 2-2232) REVIEW APPLICANTS (R/S/W/CP) Proposed Zoning: l .1 S Proposed I and Use: AI Tt Fs'/ f or+ r,h Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district`? Yes' No IF NO, A VARIANCE IS REQUIRED FIRST (Rezoning). Does the parcel meet the minimum criteria for the requested Use Type in Article IV (Special Use Permit)? Yes No IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes No VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (V/W/AA) Variance/Waiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/S/W/CP V/AA Consultation Application Justification I hereby certify that I am either the owner of the consent f the owner. R/S/1V/CP V/AA R 1 /2" x 11 " concept plan Metes and bounds description Water and sewer application Rperty ar�r' agent or 12I5/11IC P vi & 1.1 Application fee Proffers, if applicable Adjoining property owners et purchaser and am acting with the knowledge and Owner's Signature 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2.2232) REVIEW REQUESTS Anglican-. Tur y—b o o I e. y The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. :Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance, The: G0trtfit daps;-'y of loO'ovla+ion anti OK. elt ilb %ov0l . or j.ibr4,1 wavld na4 de. Aillvtive.ly #�rnlo(u+e d or A 71e1it.c', My fi.mily 46.1111'3+s ar ( loerpla inc(2 veil e144/ t•he, rtside.44e vs:. would +-Acae, egiicii4- Pets. Tie. SAiii¢ 5-1"A.4t4rds 7eor M, :WA 16414117 IIPVld bL t4./1rire-C fee 4/91 jv's+ ¢ 14* lnrpVfcl $* y in My A••A+e. t to 4/i Die vId lp,-{, ! .� cr2ciR.pi .1 r l c°-n I vet �G t�11 G 6 Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Th#. P 'St dt,ad, Wil ( 4"044'11.10c. 4 o pa- "seal S+Pi41-1y AS 4 sir) a(J1G 'rot fy 1Oi`'#e- wit/. dart fGr�6nrgay 4nci Only hilA ,S-1-4441461$ 4•170 1a. rtfleti r n to %Sta , &1St. of 4-Ae. II amp W /IP+ Gh L M,e dG dv�.l u �� � � ��, . S� �y,s Pat/ to aid, /0 (0'4 f Po, f� f�r!"f1 y Ska."ys G vt 0 4-i + (5 11.4 t /1 a J L r1 Q't °tin al f'/om e,,-h/rgjg1 �'d SLG lnrAI iwhrll PVe. sit; + feat"dsMrill+s?.5 f��vl�4.s `�G C1�.5� �r N � �T�11 h>ML fl ict. � Mta.1` this ¢.a it4r AId ,rvpno,"t' fill 101k J tt tii 044y. Please describe the impacts) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. `T`ht- 1104.7i 4vrrttn4-yl ho4 fle.,lO3rei ri ver+Lrs 4-0 Vet, AI/,ad4-fe. Mr 1Pa,;(, of Qfj Z td1vI41 4,nd iDe,rri! 1 '! tei devil " f�iver�. his.... �+�[Me w11j rt_ M,,;,► �ri�-'- eht. car+��. re.r vegan f if ifie,ri Zt a� f shy ht -tett t n.1-4 0 MaVL�+� 1�Laftila{ Ove !! IN PA 11a,� �111✓V� 1RGr.a3iN Of 4t�ol.%.d *Ay S r4ts 'v -1 h.. ^�,di49 icitDifyf l-s' P'.sld� lis ,fJ I 'i,La f ,# rij f j e )'dti' . Th." w;11 AI 1 Ailetni .. . v r 3 CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential bold use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable' by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the follow' are considered minimum: ALL APPLICANTS a. Applicant name and name of development b. Date, scale and north anew _ c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. f. The zoning and land use of all adjacent properties __- g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional injar oration required for REZONING and SPECIAL US'EPERILUTAPPLIC.AN7S k. Existing utilities (water, sewer, storm drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers m. Topography :map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent lire hydrants p. Any proffered conditions at the site and how they are addressed q. ll project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. 7 Signature of applicant 6 Community Development Planning & Zoning Division NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, ?UBE , STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at tr., public hearing, If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission_ The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waive_-_ Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the PIanning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Te rry oe le, Name of Petitioner's Signature Effective date: April 19, 2005 Philip Thompson, DIRECTOR OF PLANNINC; ROANOKE COUNTY PLANNING 5204 Bernard Drive, Second Floor, P.O. Box 29800 Roanoke, Virginia 24018-0798 TEL: (5401 772-2068 PLANNi FAX: {540) 776-7155 TRANSPORTATION Z CAN IFs Request for Additional Information - Short -Term Rental Special Use Permit Application rncompiete applications may be returned without processing. Floor Pion Submiss= -- Please submit a detailed floor plan of the home, highlighting the designated areas for short-term rental purposes. 2. How long has this property been operating as a short-term rental? We, haver rt,nfe,cf e_ hew re- fir Z y61.,+ wL iq t.nc/ fa ra-n+ ihar1 -ke,rM hi',1.s *A+s y¢.4r. 3. Which websites or platforms do you utilize to advertise the property for short-term rental? Ir✓e- do qv-l- Vsa- wLbSifeS Pr acive-rfihs� 115-1-1lO- 4. Do you employ any additional marketing strategies apart from online platforms? WL- irt. 'a fi fv74rke,-Ei'n f�L hex! rL+ 4'A.3 4-1 /4", e 5. Any past problems with clients? (e.g., Noise, Trash, Parking) 6. How do you handle noise -related concerns from neighbors or other nests? WL I-, cry Si'r�c - rvitS/ et4y Vlb/q,refs W1'/ bL tri 7. Can this property be booked every day of the week, or are specific days exempt from bookings? V//t 5 8. Is there a minimum stay requirement for bookings, and if so, what is the shortest duration allowed? rL„f fir colftp- 5.4.4,4a.S'�`2.r Wo-- G v rr e.1 -1-11, 9. What is the maximum length of stay that can Lbe booked? 1 �vr GrrrL,1- iv6s4s f+q7 J ,nf0lu .11 fit -cm 1 O. On average, how many people typically stay at the property per booking? 1 l . What is the property's maximum capacity for short-term rental purposes? -Tit it- 'At/ rt., sir ij f.'esitj ts 12. How often does the property get booked at maximum capacity? 4- J'!t s n o 1' 0 f J e,. -f-/ w,, W A a -it . M a, i y Additional Notes or Comments: Signature: Date: 111 g- S ILM4 'r .1,,1 Please ens re #h a all the requested information is provided accurately and comprehensively.. Failure to submit the required information may result in delays in processing the short-term rental special use permit application. Than& you for your cooperation. 8 A Vetrol r ti Apil ROANOKE Ai COUNTY VA Property Location: 4501 GIRARD DR Parcel ID: 077.17-02-40.00-0000 Magisterial District: Account: 33190 Card 1 of 1 Cave Spring Owner Name and Mailing Address: DOOLEY TERRY W JR ; DOOLEY SAMANTHA L 4501 GIRARD DR ROANOKE VA 24018 Current Property Assessment 2023 Total Building Value: 162700 Total Land Value: 48000 Total Value: 210700 Narrative Description This property contains 1 Lot of land with a(n) SINGLE FAMILY RESIDENCE style building, Built about 1966, having primary FACE BRICK exterior and ASPHALT / COMPOSITION SHINGLE roof cover, 3 bedroom(s), 1 full bath(s), I half bath(s). Property Characteristics Jurisdiction: Roanoke County Legal Description: LT 8 BLK 2 SEC 2 ETON HILL Deeded Acreage: 1 Lot Neighborhood: G021 / ETON HILLS Estimated Acreage: 0.2363 AC Census Block: 511610308032018 Vacant Land: NO Land Use Program: NO Sales Information Most Recent Sales Sale Date Sale Price Legal Reference 6/30/2020 173000 DB202006930 4/24/2019 0 DB201903359 10/19/1994 97500 DB0014591796 8/1/1989 85000 DB0013100976 1/1/1900 0 PB0000600004 1/1/1900 0 DB0012100477 1 7/23/2023 ROANOKE .i COUNTY VA Property Location: 4501 GIRARD DR Parcel ID: 077.17-02-40.00-0000 Magisterial District: Cave Spring Account: 33190 Card 1 of 1 Split: Zoning Code County-R 1 Action No: Date: Ordinance: Name: Zoning Description Low Density Residential Zoning Information 2 7/23/2023 ROANOKE Ank COUNTY VA Property Location: 4501 GIRARD DR Parcel ID: 077.17-02-40.00-0000 Magisterial District Cave Spring Account: 33190 Card l of l Emergency Communications: Airport: No Wellhead Protection: No Floodplain: No Overlay Districts No Roanoke River Conservation: No *Manufactured Housing: No Clearbrook Village: No *For more Information on Roanoke County Zoning, please call 540-772-2068 or visit https://www.roanokecountyva.gov/pz Community number: 510190 Flood Certificates FIRM Panel: 51161CO232G Flood Zone: X Flood Zone Information Effective Date: 9/28/2007 Floodway: Building Description Building Type: SINGLE FAMILY RESIDENCE Year Built: 1966 Finished Area (SF): 1200 Style/Story Height: RANCH WITH BASEMENT Bedrooms: 3 Full Baths: 1 Half Baths: 1 Air Conditioning: 100% Heating: 100% Heating Type: AIR -DUCTED Heating Fuel: GAS Foundation Type: Roof Structure: Roof Cover: Primary Exterior Wall: Secondary Exterior Wall: Primary Interior Walls: DRYWALL Secondary Interior Wall: Primary Floors: Secondary Floors: Basement Garage: Fireplace: CONTINUOUS FOOTING HIP ASPHALT / COMPOSITION SHINGLE FACE BRICK CARPET HARDWOOD 1 FIREPLACE 3 7/23/2023 ROANOKE ANk COUNTY VA Property Location: 4501 GIRARD DR Parcel ID: 077.17-02-40.00-0000 Magisterial District: Account: 33190 Card 1 of 1 Cave Spring Building Areas Sub Area Sketched Area Finished Arca Perimeter BASE BSMT - SFIN I3SMT - UNFIN PATIO STOOP 1200 1200 146 600 0 0 600 0 0 240 0 64 35 0 24 4 7/23/2023 Aol ROANOKE AR COUNTY VA Property Location: 4501 GIRARD DR Parcel 1D: 077.17-02-40.00-0000 Magisterial District: Cave Spring Account: 33190 Card 1 of 1 20 PTO (240} 12 B AS (1200) 17 2 3 29 7 STP b (35) 12 Sum Area by Label: BAS=1200 (ADJ=1200) STP=35 (A13J=35) PTO =240 (ADJ=240) TatArea:1475 TatAdj Area: 1475 U nSketched Subareas: U 6ht (600} 5SBM (600) 5 7/23/2023 ROA►NOKE COUNTY VA Property Location: 4501 GIRARD DR Parcel ED: 077.17-02-40.00-0000 Magisterial District: Account: 33190 Card 1 of 1 Cave Spring Trash Service: Monday Bulk & Brush Pickup: A Route Recycling: Map Brambleton Teen Center (0.57 miles) Recreational Center: Map Brambleton Recreation Center (0.57 miles) Library: Map South County Library (2.19 miles) Services Western Virginia Water Authority Services: Water, Sewer Website Police Station: Map Public Safety Center. 5925 Cove Rd, Roanoke VA Fire Station: Cave Spring Elementary School: Middle School: High School: Green Valley Hidden Valley Hidden Valley Schools 6 7/23/2023 ROANOKE COUNTY VA Property Location: 4501 GIRARD DR Parcel ID: 077.17-02-40.00-0000 Magisterial District: Account: 33190 Card 1 of 1 Cave Spring Satellite Provider Name Broadband Providers Upload Speed Download Speed HUGHESNET Data Not Available Data Not Available DISHNET SATELLITE BROADBANE Data Not Available Data Not Available SKYCASTERS Data Not Available Data Not Available VIASAT INC Data Not Available Data Not Available Wireless 4G Provider Name Upload Speed Download Speed AT&T MOBILITY Data Not Available Data Not Available NTELOS Data Not Available Data Not Available SPRINT Data Not Available Data Not Available T-MOBILE Data Not Available Data Not Available US CELLULAR Data Not Available Data Not Available VERIZON WIRELESS Data Not Available Data Not Available Wireless LTE Provider Name Upload Speed Download Speed AT&T MOBILITY Data Not Available Data Not Available T-MOBILE Data Not Available Data Not Available US CELLULAR Data Not Available Data Not Available VERIZON WIRELESS Data Not Available Data Not Available Wireline Cable Provider Name Upload Speed Download Sneed COX COMMUNICATIONS Data Not Available Data Not Available 7 7/23/2023 _Ai, ROANOKE k COUNTY VA Property Location: 4501 GIRARD DR Parcel ID: 077.17-02-40.00-0000 Magisterial District: Cave Spring Account: 33190 Card 1 of 1 Wireline DSL Provider Name Upload Speed Download Speed VERIZON VIRGINIA LLC Data Not Available Data Not Available 8 7/23/2023 44 ROANOKE COUNTY VA Property Location: 4501 GIRARD DR Parcel ID: 077.17-02-40.00-0000 Magisterial District: Cave Spring Account: 33190 Card 1 of 1 Pictometry Tax Map r o} 4501 11 22.00 4502 21 21.00 Eton Hats Sec 2 81k: 1 3i 42 Eton lids Sec. 2 EA' 3 `,Rgtl) [) R 103.03 4515 9 41 00 50 ge Eton HMIs Sec: 2 Bik: 2 4508 39.00 9072 4525 h 10 42,00 TS 70 4514 38.00 t+3 9 7/23/2023 ROANOKE Ain COUNTY VA Property Location: 4501 GIRARD DR Parcel ID: 077.17-02-40.00-0000 Magisterial District: Account: 33190 Card 1ofl Hybrid Cave Spring 10 7/23/2023 Roanoke County, Virginia 2019 Aerial Map Terry Dooley Jr. 4501 Girard Dr, 077.17-02-40.00-0000 Lot Size: 0.24 Current Zoning: R-1 Proposed Zoning: R-1S Proposed SUP for Short - Term Rental Magisterial District: Cave Spring Subject Site Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 ROAN©I:E Feet 0 70 140 280 Date: 8/ 15/2 023 1:2 , 25 7 Roano Geograp, Roanoke County,, Virginia 2019 Zoning Map Terry Dooley Jr. 4501 Girard Dr, 077.17-02-40.00-0000 Lot Size: 0.24 Current Zoning: R-1 Proposed Zoning: R-1S Proposed SUP for Short - Term Rental Magisterial District: Cave Spring Zoning C1 R1 Subject Site Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. POAIaKE Roanoke VA 24018 Feet 0 35 70 140 Date: 8/15/2023 1:1,128 FLU Map Terry Dooley Jr. 4501 Girard Dr, 077.17-02-40.00-0000 Lot Size: 0.24 Current Zoning: R-1 Proposed Zoning: R-1S Proposed SUP for Short - Term Rental Magisterial District: Cave Spring Future Land Use Neighborhood Conservation Core Subject Site Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. rroAsioKE Roanoke VA 24018 Feet 0 35 70 140 Date: 8/15/2023 1:1,128 LTi r� �y mio SEC. 30-41. R-1 LOW DENSITY RESIDENTIAL DISTRICT. Sec. 30-41-1. Purpose. (A) The R-1, low density residential district is established for areas of the county within the urban service area with existing low -middle density residential development, with an average density of from one (1) to three (3) units per acre, and land which appears appropriate for such development. These areas are generally consistent with the neighborhood conservation land use category as recommended in the comprehensive plan. In addition, where surrounding development and the level of public services warrant, these areas coincide with the development category recommended in the plan. This district is intended to provide the highest degree of protection from potentially incompatible uses and residential development of a significantly different density, size, or scale, in order to maintain the health, safety, appearance and overall quality of life of existing and future neighborhoods. In addition to single-family residences, only uses of a community nature which are generally deemed compatible are permitted in this district. This would include parks and playgrounds, schools and other similar neighborhood activities. (Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-41-2. Permitted uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Stable, Private* 2. Residential Uses Accessory Apartment* Home Beauty/Barber Salon * Home Occupation, Type I * Manufactured Home * Manufactured Home, Emergency * Multiple Dog Permit* Residential Human Care Facility Single -Family Dwelling, Attached * Single Family Dwelling, Attached (Cluster Subdivision Option) * Single Family Dwelling, Detached Single Family Dwelling, Detached (Cluster Subdivision Option) * Single Family Dwelling, Detached (Zero Lot Line Option) * 3. Civic Uses Community Recreation * (Supp. No. 37) Created: 2023-06-14 09:18:15 [EST] Page 1 of 3 Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Utility Services, Minor 4. Commercial Uses Bed and Breakfast * Short -Term Rental * 5. Miscellaneous Uses Amateur Radio Tower * Wind Energy System, Small* (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Residential Uses Alternative Discharging Sewage System * 2. Civic Uses Cemetery * Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Halfway House * Religious Assembly * Utility Services, Major * 3. Commercial Uses Golf Course * 4. Miscellaneous Uses Outdoor Gatherings * (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, §§ 3, 8, 6-22-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042500-9, § II, 4-25-00; Ord. No. 072605-7, § 1, 7- 26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22 , § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9 , § 1, 5-24-11; Ord. No. 111213-15 , § 1, 11-12-13; Ord. No. 020921-8 , § 1, 2-9-21; Ord. No. 011023-4 , § 1, 1-10-23) Sec. 30-41-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (Supp. No. 37) Created: 2023-06-14 09:18:15 [EST] Page 2 of 3 (A) Minimum lot requirements. 1. All lots served by private well and sewage disposal systems: a. Area: 0.75 acre (32,670 square feet). b. Frontage: 90 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 20,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. 3. All lots served by both public sewer and water: a. Area: 7,200 square feet. b. Frontage: 60 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 10 feet. b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. 1. Height limitations: a. Principal structures: 45 feet. b. Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures. (D) Maximum coverage. 1. Building coverage: 35 percent of the total lot area for all buildings and 7 percent for accessory buildings. 2. Lot coverage: 50 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 42694-12, § 8, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 111213-15 , § 1, 11-12-13) (Supp. No. 37) Created: 2023-06-14 09:18:15 [EST] Page 3 of 3 Neighborhood Conservation: A future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. Land Use Types: Single -Family Residential - Attached and detached housing at a reasonable density that is not significantly higher than the existing neighborhood. Infill lots or community re -development should be designed to be sensitive to the surrounding neighborhood but can be at reasonably higher density. New single-family residential developments should incorporate greenways and bike and pedestrian trails. Cluster developments are encouraged. Neighborhood Institutional Centers - Uses that serve the neighborhood residents including parks, schools, religious assembly facilities, recreational and park facilities, community meeting areas and clubs. These facilities should be linked to the residential areas by greenways, bike trails and pedestrian paths. Neighborhood Commercial - Low impact services to serve the local neighborhood that are consistent with the Community Plan design guidelines. Land Use Determinants: EXISTING LAND USE PATTERN - Locations where limited density residential subdivisions have been platted and developed. EXISTING ZONING - Locations where limited density residential zoning has been established. EXPANSION AREAS - Locations where the expansion of the existing development pattern is logical. INFILL DEVELOPMENT - Locations where infill areas complement the surrounding development pattern. ACCESS - Locations served by a local street system. URBAN SECTOR - Locations served by urban services. Page 1 of 2 Rebecca James - [EXTERNAL] - Fwd: 4501 Girard neighborhood petition requesting planning committee and board of supervisors to reject request for short term rental From: To: Date: Subject: Attachments: Judy Sublett <jksublett@cox.net> Lionel Cruz -Cruz <lcruz-cruz 9/19/2023 1:05 PM [EXTERNAL] - Fwd: 4501 Girard neighborhood petition requesting planning committee and board of supervisors to reject request for short term rental staplesscan.pdf roanokecountyva.gov>, Rebecca James <rjames... Attached you will find an Eton Hills Neighborhood petition indicating how the residents and owners express their opposition to short term rentals in our unique neighborhood. Hopefully you can add this to your file on the request from Mr. Dooley. Please let me know if you have any questions. Please confirm receipt. Judy Sublett on Behalf of the Eton Hills Neighborhood (540) 588-0644 Sent from my iPhone Begin forwarded message: From: Judy Sublett <jksublett@cox.net> Date: September 19, 2023 at 12:18:38 PM EDT To: Judy Sublett <jksublett@cox.net> Subject: 4501 Girard neighborhood petition requesting planning committee and board of supervisors to reject request for short term rentals Sent from my iPhone Begin forwarded message: From: Staples Print & Marketing Services <Ccreg 14@staplesbusinesscenter. com> Date: September 19, 2023 at 12:14:44 PM EDT To: jksublett@cox.net file:///C:/Users/rj ames/AppData/Local/Temp/XPgrpwi se/65099CABPO2_DOMAINM-Z_... 9/22/2023 Page 2 of 2 Subject: Scan from Staples Please find the scanned documents from Staples attached to this email. -Staples Print and Marketing Services WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file:///C:/Users/rj ames/AppData/Local/Temp/XPgrpwi se/65099CABPO2_DOMAINM-Z_... 9/22/2023 Co 9 1 V ' G P p )5 L5c6S°-175 2139Wf1N 3NOHd Pue SS321aa1/ 32If1111/N9 'ON 310A 3SV31d d (D m o 3(oc D m ;C El' m" m= a alm=.* Z o < Q .-1. c '* n m �'.If1 =N R• E N Ay' O GCCM N' G-I 2 �' = 3' Q) m d T = a ETxi3 76 N. o, m" O< O= d w 'F 3 n a 3 =a oJ In C °' m s O o a) in o 71 e, O o, o Tv'N 0 o H of 3 OC' o m _• 0 = _ -3 _0 (D m m O= O' O CI S aQ 1 = _ °71_' ci o UnC Cr G. o 'a 0 CT o O 1 to = -3 p. ( m o-oo ern a) °' o� 0 '* v Q Z 41 c3 x m m m o_ 700 N in° 00 0o * GI a d a m ,< a I"m LA _a)CA 0 6. . �, ,� m = 0 m N m 2 N 3 cn tn O Sin O O CM co) fD Z•3 Tm y O = cu O n -s 7" O O. = O. (`D' m< * a -<. � CD 0 Q 3 O a m to 3_, oa (0 = m -Ln a n r* vmi o m C. 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CO V) GI�_ V) \ 0 mM. Q - (D « » = @ _ 0 0 6. m + J a ° g -< $ iv k B. 0 - o 6. g VI 0 7 0 E K 2 Q m R. & = m o • m 0 _ƒ 01 2 _ ° O. M. J % * M -< P. cu = 0 k k 3 2 ET 0 k 0_ 0 3 a ) \ ] 3 o k 2 0-§ v Ft 7 2 q = = \ M 0 0_ = M. _ .0 m § o g 3- k 0 2 0 o A ƒ 2 - o ƒ � = 0 = 61 0 E 0 cu cu 0 2 73 3( EL O f Eel m c cD < t c • 3 0 f » J SUBJECT: OWNER HAS REQUESTED SHORT TERM RENTAL — SPECIAL USE PERMIT FOR 4501 GIRARD DRIVE, ROANOKE, VA. PLEASE VOTE NO. 'ON 31OA 39/31d FI \$-,/ / \ $ / � / \ \ - )%SD = k r = et) « c -I v) m / ° 7 \ § R # o e ® , 0 = _ 7 O. \ 2 I ƒ 2 n % 0 3 / �. 0 fp 0 7 3 ] cu a C 2 $ 7 2 ® 7- -h o 3 $ 3 \ (7, Fp' < ID # — o = n J 0 § 3 % D 2 ( cu § o o 2 ¢ el ] ( = n f & § m � _ < 0. @ DT ® - 0 -. 2 = 3 ® @ m 011. 2 7. / = ° § = n o 0 7 0 73 Cr 7) 0 o § eL o § ƒ -, m E E 0 ƒ ƒ o c n cu § c \ £ 2 % 2 F , § k CO O. 72 ƒ § cu 0 . 2 m m = a « = -< o vi ti § -14 LA J E ° A. c N k C % o 0 t - 4 0 7° o K 2 v) ( Z & 7. ai- m. §U . ( $ -4 o a.0.. ¥ J § co < Cu kM - 3 ro - A° i / k . � tn $ 0 § J § o A 2 ( Cr- 4 \ • k = m M _ s m § 0 0 o < n o / • ƒ § - tri I 0 = cD 0 £ Q ' 2 23 S o_ CL O f. m c C < 07 E -n 2 m > 5 m SUBJECT: OWNER HAS REQUESTED SHORT TERM RENTAL — SPECIAL USE PERMIT FOR 4501 GIRARD DRIVE, ROANOKE, VA. PLEASE VOTE NO. z m 2I381A1f1N 3NOHd PUe SS32IOOV 32If111VN9IS 'ON 310A 3SV31d / $ > / / 0 / k o - (D (D \ O m 0 cu $ 0 k 0) r cu p • O / 9 ® 2 ƒ m M r 2 I — n § -, < 0 - k = n . c - § q 7 2 ¥ 0- o 01 2 § k m r < = a m o = — n J o \ 3 k 0 § - § ° ® 2 o 7 3 E 0- 0 a § M - = < 0_ w cu 0) o o$ o 2• ® § \OW cm § ¢ / 0-• 0 0 § & E § E 0-\ m k m a-§ § 7 q (D - < o. E § k n m 0) 7° i 2 c.1: Ill0 m \ § k V _) 5 0 ■ ( - « » § 0 @ _ v, 0 § VI o 3 ° $ tu • k ( = 0 - o a) ' g o 0 7° E R 2 v• M 2& 0- ep o p § 0 0- 0J 2 o E \ ¥ J § ( -< P. co 0 = = ra 0-k M 3 fD ., 3. 2 ET ( 0_ M § $ 3 M § m w ] (D o = o � a § 0 (D = k k\ k XV k C 3 o -0 o a:. o m § _ o n o / • ƒ § - VI % / 0 / 0 0 M (D 0 £ q. 0 2 " o m 0 E m O. m el a ) a. < t c 1 o f ■ m » "5 ra SUBJECT: OWNER HAS REQUESTED SHORT TERM RENTAL — SPECIAL USE PERMIT FOR 4501 GIRARD DRIVE, ROANOKE, VA. PLEASE VOTE NO. £ m Z13901f1N 3NOHd pUe SS3?1cav 321f111YNDIS 'ON 310A 3SV31d \ $ ƒ / 5 / / ƒ \ \ k / — ) SD E a al m= q ° $ / 0 k § 0 a p E 5 4 0 ° o e n in• 0 - o 5' a) m cu = _ n § \ < 0 - Cu cu < § n k / $ 2 ) 2 2 ¥ o 7- o 2 ƒ 2 \ m _ - $ o = n o o K 3' 2 R �§ j = ( 3 < - 2 ¢ J §• _ ( § -0 J - _ < O. E E E O 3 c a o, q ® ® @ a 2 / < / 0 o- o o# 2§ E 2 ) o § ƒ q 0 - E 0 a- k ¢ "i • = c .< _ 0 § ° ( 2 0 % 2 m ] k � [in) ( a CD =_ �� / \ \ 7 7 0 § < crci § • • f q a o R _ v) In / 0 = M 0 Cu 0)a 0 2= 3 0- o c a < � E 2 » .5 0 o ® ii 14 a 0. ' fp � ® 0 . § 7 0 CA J EL ° CU „,- -I, k 0 0 ) a % = � / 0 7° o K 2 G ( & m- ird- o n § = £ 2 3- o E i_ \ M f • « / k / k a ƒ / i "I / ( k 0 E $ 0 § m DJ ] o _ = o _ _ CD 0- � (11 r = § 0 = § \ 0 2 R SUBJECT: OWNER HAS REQUESTED SHORT TERM RENTAL — SPECIAL USE PERMIT FOR 4501 GIRARD DRIVE, ROANOKE, VA. PLEASE VOTE NO. scr V V H391Nf1N 3NOHd PUe SS32iaOd 2 v c c - m x m 3 3 tnn o c fD !D C o fD 1'41 = n.02 N D Q Q C -1 O m m C cD IV . r�, . E co* . j 0 oa' aft �,• O ? *_ OO fD r a r- — CL fD Op 2 o' c D.)oNi (1 N < r+ 1/1fD r+ 3 7.) C W v C 01 fp ' O cO o -c hi -oo �' -" 3 3 0 0 < if m ° , c o cr'i 0 d a) (D o fD 3 ma fN° VI 1 + 0 O `C N O 3 = = f N fD r'� C -0 m -4, .a < O. d c = 3 04 o ne c_D • fD =O O O n 012 0172. 0O = =fl n 7- S n O N H. O 'O 0 CT 0 rr 0 3 0 0 c 0. O o = A1 7Q p . O j = 0 fy ,GK 0, 0 = r+ c1 fD -0 0. G) C 3 xO ? c1 m -, O Q Q N �. Gai d D1 CU `G D 7 7 `G Q I-1 n, N N o Q N fD N A. N `.. Q. -O d `< C '* fD = 0 c11 * - N N S NO O o. H M C• j- S fD 0 f1 •cn O S d -s -j O G. --o...3 S f0' mfD < (3z f , su j = S rM C�1'1 Q' 3 m ? a at 3. 03 o m affl (AV1 N .1 a M -0 ii3 In< O fD 0) RI D, 3 o H = o g . fD f1 C N M S Ott (D 3 = CD. a = m (1 Cu �. SUBJECT: OWNER HAS REQUESTED SHORT TERM RENTAL — SPECIAL USE PERMIT FOR 4501 GIRARD DRIVE, ROANOKE, VA. PLEASE VOTE NO. 'ON 31OA 3SV31d / $ m ƒ O O. 003 k cn o 7 F3 (DC ii m = % « E _ Z i m -4 A. 3 * n • \ A E o e ® 2 2 r_ R o E 2 7- 0 '0 xi ] ; _ § / § O 0 3 ] t c 2 \ E m 2 ¥ 0 0- -1, = -, < r -0) _ o 00 n o v, c \ k . (0 0 § n = 0 § ® k ¢ — ■ @ 2 ( § -0 $ - = 2 E %LI) ® ° Ms. ° 2 7- 3 ® ® @ \ ° § § um = n Cm ¢ v E o a o cr o B 0 cr § 0 G. q M- « a CL — n k ƒ § 2 _ q a, = a) ° 0 2 0 m , ] k CD fD v GI \ 0 ( @ /®6. -, • < g-. 2 Iv P (D o 0 a) * d 0 G. 7 0 o K 2 m R. 3 (0 7 = o 0 ƒ / 2 o O. _ ¥ J 2 = _, # 0_ C 0 0 = 0 0- 3 0 ƒ ] 03 ( g k 0 (0 J 2 0) m a) ] o ■ 2 a § 0 ■ 7 \CM = t K = R 0 R c = o k o g q k ƒ0 0 0 2 2 0 F m f = G' k = r+ % ® o E ( DJ / 0 2 73 3 -10 0_ k R m 3 p O * - 0 = 0 g ( = /m» m SUBJECT: OWNER HAS REQUESTED SHORT TERM RENTAL — SPECIAL USE PERMIT FOR 4501 GIRARD DRIVE, ROANOKE, VA. PLEASE VOTE NO. 2A 3 o£68 ^ boe - ohs 381111VNDIS 'ON 31OA 3SV 0 v 0" m SD C (0 m N y A 0 di • 0. 713 m C 0� m fD Oi, c 0 m C ry+ rt n =- n m -12 Oi °1 • (D a cm 0. 0 O 3 3- 3 o Q,• CL o) r+ CO 0 0) a t/1 (D O m N m m cn to O 1--h 0) Q. 3 a3 CT an 0 0 0) 0) d 8' 0 3 O C (D 00 0 O 0 a ro xi D m C-i Oel. tol * N Q � 10 r 'O o < 0 c E C O rfT fD-� nay m 00 n p 0 , (0 oSi -I, .0 < 3 00 as O 0 r+ H' O 0) m ¢ 'm m o a rt o co d m a 72 (0 oft rNr G• -< D m N 0) (D o N ,+ (=D S O 0 n (<D 0 0 O = 0 IZ G tD 0.) A 2 1. to O M. 3 oct m H 0. -++ co O r+ o) 3 m 0 O rmh c fn m 0- (p .-+ ? -0 OO9((0 0 00 -< Q O 0 m fD O C • ^. m ai O S C in m n n • CD a m CD CA CU 7 — 0) 0) N N 0 3 0-! 0 3 3 N 0 -' iD ,, O * Q a' 0 m O C 0 (D 3- 0. o '< a o 0 0 et a al a 3 x N rt m _ M. 3 (. (n (0 S 0)) a 3 DJ 371 a rn �' m o_ ((0 0) 0 �_ rt m m S m. 0) O0 cr 0 00 0 (0 O. m N S 0 0) 0 (0 3 m 0 -5 0 SUBJECT: OWNER HAS REQUESTED SHORT TERM RENTAL - SPECIAL USE PERMIT FOR 4501 GIRARD DRIVE, ROANOKE, VA. PLEASE VOTE NO. 2n�a p io i (cj h H39Wf1N 3NOHd PUe SS3HIQV 3HflI1VN9IS 'ON 310A 3S1131d 7.1 v,- • yrD 0 SD c eo or' r0 m 7 ? _o 2 0 Q c m D' ea � y ' O oil' 0ro.N. Q 1 oo ea rt -0 d Q m o o o 0 E fp<0 rt f n x- 9- E CL 71 c 0) 73 OD= O 0 `G d •a N -h v n o 3 o m 3 ' m 00 0 7*c 3_ N • n • o = cD 3 ni c - mmo < ci m oo O c s. = Q' 3 o0 a)cril• coo 3. j 0 n 0 O 00 14 in' O gi 3 3,O G. m g m O =A. ao "o 0. c c,,r+ 0. Q �ii 0 s of m r0 O. 73 H CO o 4GI a °' D a 0 a y y -M c < c 3 0 rD 2 a g T 0 0 n m 0 O N O = 0 °- 4 - , m a) ;T- M a0 S N rro m = 04 n '•F y c ad -, o A. m cu 3 o Q O c,p � c 3 -I _ CM = ; .0 0 -' c Cr o 3 0 -o ,0y« ° 3 fD O 0 0 'C -, a o � * =4 c)0 S ,.. t-� G) co a c erg0 xia H —. mv , 0 c .m• ryo D oc. c. a m m H su rr O to obi n, N N 0 3 0 d 3 3. fD ,< o1 fp rD ,, 0 a (D 7 Q 4) 0 co '0 0 !D S c. -4 a 0 0 00 ou DJ 3 x° u 3 N O1 d rt ro ro— - H Sal o ao 7- co n a 3 . � s o= 3 a m MI W O V; '� r•r rD (D cp cp. Cu 04 N S 0 O' Goo 0 co a N CA rD N S 0 d o a c fD • rD SUBJECT: OWNER HAS REQUESTED SHORT TERM RENTAL — SPECIAL USE PERMIT FOR 4501 GIRARD DRIVE, ROANOKE, VA. PLEASE VOTE NO. / / a ƒ 64 / ' - .< n 2 2 a) ] R a o @ f c a R 0 m q « = - & m c NJ $ / g § R E 071. ® 2 2 ƒ a r+ 2 1 fD - % 7 2 ) \ • ) § C 2® 0 0 C o Ca 2 -h § k (D � #CD o= 0 n U a) C- k 4 g 0 0 o 5 - § ° ® ( k ( 7 2 a a- a s § 2 % 0_ 10 6 a 3$ 3 o= § um o a 2 = k k n / a- 0- / § # o o 0- ] ( % § 0 7 0= a « eL 0.- n 0 k o 0 2 2 wc 2 a) a ° fD 2 0 r+ a) m - ] k (D CO c• § § A zr / / 0 J 7 = ' 72 - r 7 ° $ NJ k M ƒ - o �, Cr * 7' $ � o 7 0 o K 2 tn ( 2 & = r N. _- 0 7 0 0 = P a J \ 3 / CU 2 P. 0. 2 •1 ƒ 2 K cl k 0- ( Ps ) \ ] 0 / 2 a § ( CD 73 / § 0 a 0 \ = ' R 7 £ e Cu 00 0 § - o - m § = ƒ k 0 < 2 § F m f q 0- k / r+ - 0 in ® 0 E ( C0 ti •- 3 i 0 2 c) Q 2 73] 0_ k O k 2 ¢ m / 0 ) } El: DN 31OA SUBJECT: OWNER HAS REQUESTED SHORT TERM RENTAL - SPECIAL USE PERMIT FOR 4501 GIRARD DRIVE, ROANOKE, VA. PLEASE VOTE NO. IC z m 21391Nf1N 3NOHd PUe SS311aav 321f1I1VN91S 'ON 310A 3SV31d v ( (D a) f- S = S O (D 3 '+ VI o C 0 `D C (5' 0 m = f2 c Z O co i?.. C to m A. N O 0 3� •Cr fp 0 N o a4. o' ua y O rt `z x F--' 3 S. d T d S= Co fD ,,,,h D r vi fD — Cu (D 00 3 0 = off) d O C -, < 0 rt fD 0) !^. to lD '+ O 3 = n P-3 a C 0.) c * tD = o o ni o • d -Op I' 3 3. .•< to -0 a o OO .0 n 0 p) LA LU `G MI O 0 3 3 foOP Cu 10 al tn to n A. ffDD 0 El tn -I 0 O < N (OD n = A• (D fD S. fD rh C -h < a d o-3 Oa M mCr f=D 7' O o) O n 071. 3 < cn = CFI; Crcin O to N• On 'O OCr Cr O 0 0 (D S o- 3 M 5 °o 0 — o 'm 4 < a a o N n Q o 0 0 c a '+ ono Co 0) 0v 0 0 "0 a 0 C 3 ;a:s Cu r^ CaO O - 0 3 °- 0 H )n o) 0 re a a < n 0 n' to y 74 tir `�G Q �O 0) `< Cco 7 10 .'+ (D = O cD NiN S IA to tn• .< S 0- 0 o 0 O R O ttnn (0 = 3 0"' fD 0 • m 0 = su 3 -� -i o 0.a aD' fD (D < < ' a 0) 0 fD 0 0 a 0 LA fD �' 0 e+ LA C fD 3- c al o ,e VI ID m a) 3 0 0 .°�)• "0 3 0 2. -o ,t a.Q C to fD 3 ', CM (D 0 _ r* 0 M. Q. r lD s OW - C 0-o - Cr 0 ro 0p 3' -h a O 4 oho 0 0 O < 41. C• O tri C -h y N. 0,-t• fD O (A 0 (D -1, 0S1 7r to n 'C a) O 2 75 3 o_ _a H m 3 C fD <' = C m -. O ID ..-r fD D < fD SUBJECT: OWNER HAS REQUESTED SHORT TERM RENTAL — SPECIAL USE PERMIT FOR 4501 GIRARD DRIVE, ROANOKE, VA. PLEASE VOTE NO. , oc L c L t ') - o hS z m 2I381A1f1N 3NOHd Pue SS3214aV 32If1I1VN9IS 'ON 310A 3SV31d / $ ( m / 5 = ' - ) 2 n a) 0] , cn o — m SD C O ii m 7 owco > / M. 2 k & i 33R=o ® 2 * i co m E 2 ƒ 5 41. 0 0 3 O / 0 0 n S c c B § - 2 ¥ o 0 W 0 § 2 v � 3 \ a $ = n o CU c 4 B§ 7 2 0 a - t R 2 ¢ M m 2 § 13 M _ < 0- q ¢ § 2 ° 0 = o 2 k/ o R 0 $ 0 0 # 2 § o 0- \ k o § E o 2 - « a E 0 § 0 _ n 0) = a 0 i 2 0 M. a) m § VC CO V 41 § § A 0 a) > ¢ m - » 0 = « @ - - @ 0 L 0 00. a. J E ° 2 IR $ NJ k M. 3. - o * 0 $ ° 00 \ R Di m ƒ 0- = (D M. • n 0 ƒ a) 2 "I ° ¥ 2 K I a3 _, A 0. ID 0 / 0 = 3 a f 2 k sui a / k k (D ) \ ] 70 o § 0 & 0 ■ m m q 0_ e c 3 0 -0 A. 0 % ° § 0 0 0 � 2 § F f (D a # - 0 % / � DI 0 ® 0 m ■ g CU 0 2 73 30 0. iv rn ) (D / E 2 m > '5 m SUBJECT: OWNER HAS REQUESTED SHORT TERM RENTAL —SPECIAL USE PERMIT FOR 4501 GIRARD DRIVE, ROANOKE, VA. PLEASE VOTE NO. co ScZQ-8hly(Pev r ut 3 3 u z Lri Nt U1 'ON 31OA 3SV31d 7- m oiv 3 r+ a QG S. 0 0 rr A- m cu G1 O 3 O C DQ S Cr O S O O O_ e }uenn lou op am SUBJECT: OWNER HAS REQUESTED SHORT TERM RENTAL — SPECIAL USE PERMIT FOR 4501 GIRARD DRIVE, ROANOKE, VA. PLEASE VOTE NO. A 1 1 1 Additional Public Comments and Information My name is Judy Sublett. My address is 5837 Penguin Drive, Roanoke Virginia. Thank you for the opportunity to share our concerns on Mr. Dooley's request for a special use permit to use 4501 Girad Drive for a short- term rental. Not all neighbors were able to attend tonight's hearing. Some neighbors voiced concerns about fear of repercussions. On September 19, 2023 we sent a petition to planner Lionel Cruz -Cruz with 70 signatures, representing over 90 percent of the homes in the neighborhood asking that the Planning Commission and the Board of Supervisors to reject the special use permit request. We ask that the fourteen (14) page petition be made part of the official record. Eton Hills is a unique neighborhood, a lovely, quiet, safe neighborhood, shaped like a large cul-de-sac with one entrance/exit. It covers about one third (1/3) of a mile in total. Neighbors know and look out for each other. The entrance of the neighborhood is within a quarter (1/4) of mile of a school. Residents rarely move from the neighborhood. My family has owned two houses in the neighborhood for over 30 years. My parents occupied one home until they recently died. I rented my house in Eton Hills to the same family for over 30 years. It was their home until they died. Some neighbors are original owners. Some homes have been in the same family for at least three generations. The Dooley family has not resided in the Eton Hills. They bought a neighborhood house in mid-2020. It has not been their home. Their home is in Peachtree City Georgia. They do not know the neighbors or the neighborhood. Shortly after purchasing the house in our neighborhood, Mr. Dooley opened his unmanaged, unpermitted short- term rental business. His first short-term renters arrived in July, 2021. Mr. Bill Richardson, county investigator, should have a file showing screen shots from the Airbnb website, where Mr. Dooley advertised "the entire home was hosted by Terry. Check yourself in for $125 a night; the rental can sleep 6 and the listing accommodate a gathering of 25 or more attendees." The first renters, two men and one woman arrived in late July,2021 and left shortly before the end of that same month, after damaging the property of one home owner. Police were called. The police told the home owner that since the renters were driving cars from Florida and New York Roanoke County had no enforcement power in those states and offered to do a police report if the homeowner wanted to pursue action on their own. Mr. Richardson's file should show that Mr. Dooley continued to rent his unpermitted, unmanaged rental business until July 2022, when county officials subpoenaed witnesses and went to court. Mr. Dooley, through his attorney said he did not know he was doing anything wrong, even though the Airbnb website instructs "hosts" to research and comply with Local requirements. Mr. Dooley promised the court that he would stop his short- term rentals. The judge gave Mr. Dooley a warning that there would be consequences if he had any addition complaints in the next year. Mr. Dooley was permitted to continue to rent his house to anyone willing to stay more than 30 days, and continues to do so. In less than a year from his promise to the court, on May 18, 2023, 4501 Girard Drive had a Large commercial truck with Texas tags parked in the driveway for one night. (Picture available) Was this yet another short -term rental, or was this just a violation of the county code prohibiting parking commercial vehicles in a residential neighborhood? One year has passed since Mr. Dooley's court appearance, and Mr. Dooley is applying for his special use permit. On his application he states that if permitted, his short-term rental business will not increase stress in the neighborhood. He states that our "home" has never increased or applied any stress to the neighborhood. He has never used this house as his home; he has spent few nights in the house; he doesn't know the neighbors or the neighborhood; he likely does not know his potential renters. Our experience with his business has already created stress for many of the neighbors. We are not used to having to complain police and county officials about transient activity. Our personal time and energy and taxpayer resources (investigators, planning and other zoning employees, judges) have been stressed by Mr. Dooley's business. How would you feel having renter turnover every couple of days just a few feet from your bedroom? How would you feel when renters show up at your house, looking for his unmarked rental? How you feel when you come home after working until 11 PM to see strangers near your house? These issues are un-nerving, and create stress. What we have here is an absentee owner, living more than 450 miles and several states away from his house, asking you to permit his commercial motel 6 business, with no manager and no accountability, in our neighborhood. In summary, Mr. Dooley knew the neighborhood zoning when he bought 4501 Girad Drive. He and his short-term renters have created stress and extra work in and for our neighborhood. Therefore, the owners and residents of Eton Hills, respectfully request that you, our elected and appointed officials protect our community. Please protect the health, safety and welfare of your constituents. Please protect our neighborhood and keep commercial, unmanaged businesses, like Mr. Dooley's in commercial zoned areas. Thank you for your service to our community. Thank you for giving us an opportunity to share past experiences and ask your protection. Donald William Sublett 5837 Penguin Drive Roanoke, Virginia 24018 My research focuses on neighborhood AirBnBs and crime. My wife and I own two properties at this time in Eton Hills. Does having an AirBnB in a residential neighborhood lead to an increase in crime in the neighborhood? Yes! In a recent study by two researchers at Northwestern University states, A proliferation of AirBnBs, or similar short-term rentals, in a neighborhood contributes to higher rates of crime in the area Currently, the research is ongoing. Other studies show there is a slight increase in social disturbances (crimes) beginning in the years after the opening of the AirBnB. But researchers say the bigger threat to the neighborhood that will manifest itself over time is the destruction of the neighborhood's natural tendencies to come together and control crime. This is caused by a tear in the trust between neighbors and short-term renters and the fear of the unknown regard the "intruders" in the neighborhood. Who wants strangers prowling the streets of a close established neighborhood in the middle of the night, or short-term renters who have extensive criminal records including acts of physical violence, property crimes and more, or worse aberrant psychological disorders preying on our elderly neighbors, families and especially our children and grandchildren. These studies and more show the introduction of short- term rentals destroy the physical and psychological environments of a settled and peaceful neighborhood, causing a deterioration of peace and wellbeing in the neighborhood and a lack of pride in maintaining neighborhood properties, leading to a substantial decrease in property values. This cause (Short-term rentals) and effect (destruction of the neighborhood) should not be allowed in Eton Hills or any other residential neighborhood in Roanoke County. All Images Videos News Maps Shopping v All regions v Safe search: moderate v Any time oN https://news.northeastern.edu > 2021 > 07 > 16 > when-airbnbs-increase-in-a-neighborhood-so-does-.., Why Does Crime Increase in a Neighborhood When Airbnbs Increase? A proliferation of Airbnbs, or similar short-term rentals, in a neighborhood contributes to higher rates of crime in the area, according to a newvstudy by two Northeastern researchers. Photo by Matthew Modoono/Northeastern University https://journals.plos.org > plosone > article?id=10.1371 > journal.pone.0253315 irbnb and neighborhood crime: The incursion of tourists or the erosion ... The proliferation of internet-based home -sharing platforms like Airbnb has raised heated debates, wvith many in the general public believing that the presence of Airbnb listings can lead to an increase in crime and disorder in residential neighborhoods. https://thecrimereport.org > 2021 > 08 > 06 > is-there-a-link-between-airbnb-and-neighborhood-trim... Is There a Link Between Airbnb and Neighborhood Crime Rates? A correlation wvith shared -room types, versus single home listings, lends further support to the idea that Airbnb listings are possibly only indirectly linked to an increase in neighborhood... https://phys.org > news > 2021-07-impact-airbnb-neighborhood-crime.html Teasing out the impact of Airbnb listings on neighborhood crime - Phys.org Widespread sentiment holds that Airbnb listings cause increased crime in residential neighborhoods. However, there has been limited research to explore and clarify this link. ,x https://cssh.northeastern.edu > sccj > 2021 > 07 > 19 > wvhen-airbnbs-increase-in-a-neighborhood-so-... When Airbnbs increase in a neighborhood, so does crime. Here's why. A proliferation of Airbnbs, or similar short-term rentals, in a neighborhood contributes to higher rates of crime in the area, according to a newstudy by two Northeastern researchers. https://wvwvwvwvired.com > story > wvhy-some-crimes-increase-vvhen-airbnbs-come-town Why Do Some Crimes Increase When Airbnbs Come to Town? They found that certain violent crimes ---fights, robberies, reports of someone wvielding a knife —tended to increase in a neighborhood a year or more after the number of Airbnbs increased —a sign,... N https://globalresilience.northeastern.edu > when-airbnbs-increase-in-a-neighborhood-so-does-crime When Airbnbs Increase in a Neighborhood, So Does Crime. Here's Why. AResilience News When Airbnbs Increase in a Neighborhood, 5o Does Crime. Here's Why. A proliferation of Airbnbs, or similar short-term rentals, in a neighborhood contributes to higher rates of crime in the area, according to a newstudy by tPvo Northeastern researchers. https://phys.org > news > 2021-07-impact-airbnb-neighborhood-crime.pdf PDF Teasing out the impact of Airbnb listings on neighborhood crime - Phys.org July 14 2021 Credit: Unsplash/CCO Public Domain newstudy on the effects of Airbnb listings on Boston neighborhoods suggests that the prevalence of listings may hamper local social dynamics... 1) https://pubmed.ncbi.nlm.nih.gov > 34260607 Airbnb and neighborhood crime: The incursion of tourists or ... - PubMed The proliferation of internet-based home -sharing platforms like Airbnb has raised heated debates, Pvith many in the general public believing that the presence of Airbnb listings can lead to an increase in crime and disorder in residential neighborhoods. 0431 https://PVPvw:Pvgbh.org > news > local > 2021-07-22 > airbnb-impacts-neighborhood-crime-but-not-in-t... Airbnb Impacts Neighborhood Crime — But Not In The Way You Think Airbnbs are booming as summer tourist season takes off in vacation hot spots like Cape Cod — as Pvell as in residential neighborhoods. A newstudy from Northeastern University caused concern by showing a link betPveen the number of Airbnbs in Boston neighborhoods and spikes in violent crime. To discuss the study, Dan O'Brien, director of the ... Related Searches Page 1 of 2 Philip Thompson - Fwd: [EXTERNAL] - Planning Commission Hearing - October 3, 2023 From: Alexander Jones To: Philip Thompson; Rebecca James Date: 10/4/2023 4:30 PM Subject: Fwd: [EXTERNAL] - Planning Commission Hearing - October 3, 2023 FYI I just received this at 4:02 PM today if others call in or email about this. Thanks, Alex >>> Teresa Carpentieri <tcarpentieri@live.com> 10/4/2023 4:02 PM >>> Mr. Jones, my apologies for having to email this to you, I am also providing a copy to my neighbors that are attending the meeting tomorrow evening. I truly intended to mail it last week, but family obligations demanded my time last week. RE: Terry Dooley, Jr. , Tax Map # 077.17-02-40.000-0000, 4501 Girard Drive Special Permit for short-term rental My apologies that I am not able to attend this hearing, family obligations prevent me from being away from home in the evenings. My name is Teresa Carpentieri, I live in Eton Hills at 4525 Girard Drive. I have lived in this wonderful neighborhood for 9 years, 4 months. I chose this neighborhood for two reasons, one, for the school system and secondly because of the actual neighborhood. This is a wonderful, small neighborhood filled with families and elderly people. We watch out for one another, and not to brag, but I did talk a lovely single mom into buying the house across the street from me as I knew that she too would be a wonderful addition to our neighborhood. I am a single mother with a 33 year old special needs son along with custody of my 14 year old grandson, who is also special needs. My 21 year old daughter also lives at home with us. As you can imagine, having two special needs young adults can be challenging and their comfort levels are always my first concern right behind their safety. In the nine years we have lived in this neighborhood, they, along with my daughter and myself, have felt safe. Our neighbors watch out for one another, a widow who we all keep an eye on. For the families with children, we drive under 20 miles an hour to insure their safety when they are out riding their bikes or playing basketball. We may not know each other by name, but we know each other. We wave, we talk, we alerted each other of bear sightings close to our neighborhood this summer as many of us walk our dogs in the evenings. As you can imagine, my concerns of having an Air B&B in this sweet neighborhood is not only concerning for my elderly neighbors, but for my family. Not knowing who could be using the property is reason of concern for our safety. I will not be as comfortable leaving my 33 year old son alone during the day when I work. I will not be comfortable with my 21 year old daughter coming in after dark from the gym — knowing that strangers will be staying two houses up from our home. While I can appreciate Mr. Dooley's desire to make money on this property, I would ask that the Planning Commission deny this request. With the housing market in the area, especially in our neighborhood, Mr. Dooley could easily sell this property in a short amount of time, recouping his investment and possibly increasing it. Thank you for your consideration and for hearing my concerns. file :///C:/Users/pthompson/AppData/Local/Temp/XPgrpwise/651D931DPO2_DOMAIN... 10/13/2023 Page 2 of 2 Sincerely, Teresa L. Carpentieri 4525 Girard Drive, Roanoke VA 24018 Sent from Mail for Windows WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. file :///C:/Users/pthompson/AppData/Local/Temp/XPgrpwise/651D931DPO2_DOMAIN... 10/13/2023 From: <stinnettsaunders@gmail.com> To: <Bos@roanokecountyva.gov> CC: <Icruz-cruz@roanokecountyva.gov> Date: 10/7/2023 9:11 PM Subject: [EXTERNAL] - Hearing on Terry Dolley, Jr. for property in Eton Hills for Airbnb use Good evening, I live 5 houses down from the house wanting to be an Airbnb. My husband and I have lived in this neighborhood for more than 22 years and had planned to retire here. This rezoning is not what our neighborhood wants, and we proved that both with a petition and by attending the hearing. We could have moved to a larger home as our family income is more than double what is needed to live in this neighborhood. We stay because this neighborhood is family and kid friendly, quiet, small, NO thru traffic and close to everything in SWCO. All members living in my home signed the petition and attended the first hearing on Tuesday October 3rd. My daughter, son-in-law and I all spoke at the hearing. The neighborhood collected signatures from nearly every neighbor in the neighborhood. Many still attended after signing the petition. There were 3 individuals on the planning commission this day, they were all men and all around the same age. After hearing all the neighborhood concerns, and there were many. They voted to approve the rezoning with some restrictions. Everyone in attendance could not believe what they were hearing. How on earth can you arrive at that conclusion when the entire community is against it. The owner of this house has never lived in our neighborhood, he doesn't even live in VA and for the commission to recommend this property be rezoned and side for a party that doesn't even live in our community in my opinion is OBSURD. We left feeling frustrated and angry. I came home and looked up the commission members that voted to approve. And noted one member, Jim Woltz seems to have a serious conflict of interest (his website shows he owns ST rentals in Roanoke, and in SWCO which makes him extremely bias and for Airbnb's as he would directly benefit from recommending Airbnb's be approved) hops://www.woltz.com/rentaltype/vacation/ if you want to know more about what the community thinks of how Jim Woltz runs his business read his reviews on Google, the majority of the latest ones are very negative. Jim Woltz was the one who gave the motion. In my opinion, this could be portrayed as unethical by many. I would like to point out the fact the house under rezoning request is at the back of our closed neighborhood, so renters would have to drive past every homeowner that resides here to get to this house. Everyone is impacted by this. And most people that come in the neighborhood that don't live here tend to speed. Which is a danger to the many children playing and people walking in our neighborhood. I witnessed this firsthand when I was walking when he was renting it as a ST rental before his neighbors blew the whistle. The comment one member made at the hearing that since we are such a close community that we will police the activity, that rolled all over me! IT IS NOT THE JOB OF THIS COMMUNITY TO TAKE THAT ON, especially when we are ALL voting against it. I am asking you to please support our community. I am asking you to please vote no to this rezoning. This community votes in your jurisdiction, this gentleman doesn't even live in VA. DOESN'T OUR VOICE ON THE PEITION AND AT THE HEARING CARRY ANY WEIGHT? If you have any questions, feel free to contact me, my cell phone number is below, I would be happy to answer any questions you may have. Sincerely, Deborah Saunders 4532 Hammond Lane Roanoke, VA 24018 540-819-0730 cell www.linkedin.com/in/saundersdeborah Information submitted by Judy Sublett regarding short-term rental activity at 4501 Girard Drive 7:4D .11 LTELE April 9, 2022 Edit 6:37 PM The perfect family retreat 2 reviews Cave Spring, Virginia, United States Entire home hosted by Terry 6 guests 3 bedrooms - 5 beds • 1.5 baths a Self check -ire Check 'yourself in with the lockbox. $125 night 2 rev ewis sawn 110 iW=2/D 1!! 4 !UMW( 1>r®5 . 6MNIMIN ifs 1» 1CNIZOr reel c7 I •14/ LTE LE April 9, 2022 6:38 PM 2 reviews O\ 5..;earch re flews Effie January 2022 Edit perfect for a family! great location, comfortable, clean house. Definitely recommend. ft Rahul August 2021 Great place 8:17 4 6.4a il ril LTE v+t AA airbnb.com Deur UL)111 d11U aunury 8111 Essentials }-angers Entertai n me nt T 9 Suitable for- events Heating and cooling cri tiLK iS ITEMS ARE MISSING OR INCOMPLETE (Lsnvicp waJi Iff"SO4:CP 'f.i1 f I Consultation X IA'x 1 I' concept plat rliipfcation feeAfpliration ytct�^: and bounds drcrilxiun Pm1T•r i, irappiieablc 1Siwi1ication Vial uandsetterapplication I tuijoiningproprtyolulers ! 1iidns,n f iheihc nun+ . "y lams 1 amci6lter the ow consent fnerpall: or�.. •r s agane.; t or' et purchaser and atn acting niih the kri mtledse and 'ourityva•gov County of Roanoke Cammunity Develolsment Planning & Zoning 5204 Bernard Drive P 0 Box 29800 Roanoke, VA 2,10 i 8 (540) 772-20b8 FAX (340) 776-7155 ALL APPLICINIS For Staff lise Only Check type application filed (cheek all Mat apptyl —' F I Qi a Rezoning Special Hoe ❑ Variance ti Waiver ❑ Administrative Appeal a Comp Plan (1 .2-2Ba1 RLniew Applicants/ �mina:/address whip ,. /J,,O1ey it p Fit-,1l,41p., Dr fkitzihtf e. l.i ft G4 3 a'i.4 f pom: it Cell4: $ 6"g1"$ +f Email: l;ri r`y.`dr� 6, Y(iyfln-L'rH Contact forLceaJ Ads rte.- y' /1oa t y O tiers tram/ address whip Phone u: Cell Email. Pso pert Legit -ion Li 4p! G., 0,4 0 r oiaD k€- �6 LY of 1 _ Magisterial District: G dvt S ?rinrt community' Plamungarea: ff Tax Map la., Existing. Zoning: 0 f Size ofparcel(s): Acres: O. 2 34 y basting Land Use! 5.!1 a, it Ft A, l iY ' GIIG�2� �7v j , REZONING SPEC'L-ILUSE PERMIT. iN.IIVERAND COIIPPL-IN(15.±_+232) REVIEW APP1.IC-1NI (RiSF4V'!CP) S. Proposed toning: R1 1 J 1 n Proposcd Land Use: $ , Or + TE r li K L.-it-At f / Does the parcel meet the minimum lot area, width and fmataoc requirements oleic requested district' Yes yE No IF NO, A VARIANCE IS REQUIRED FIRST (Rezoning). Does the parcel meet the minimum criteria for the requested Use Type in Article IV (Special Use Permit)? Yes No IF NO, A VARIANCE 15 REQUIRED FIRST If rczorun5 request, are conditions being proffered with this request? Yes No VARIANCE, IFA1VERAND ADMINISTRATIVE APPE-tL.APPLICINVTS(L+i1V/A.4) Variance/Waiver of Section(s) attic Roanoke County Zoning Ordinance in order to: Appeal of Zoning. Administrator sdecision to Appeal or Interpretation of Secdon(s): of the Roanoke COuntc Zoning Ordinance Appeal of Interpretation of -Zoning Map to dre ann1)caunn rnnminr" Ptrnc- -I .-b :r_.., e rr..,++r.�i� wrrt yore ISLACCEPTED IF AN Y0FTHESE It: i o1Q' VII I. Oe+ncr's Slvtmturc 0 JtiST GICATiON FOR REZONING, SPECLIL USE PERMIT \Y,1 WER Ott COMP PLAN (1 sz_JM) RE VFEW REQUESTS Appncarr. +�CPry CJr oIty The Planning Cornntission Will study running, special use permit waiver or community plan (15,2-2232) review requests to dcIemtine du need atxl justification for L1 clamp in terms of public Ix -AK s,-rfety, nod general welfare. Please answer the following questions as thoroughly as possible. Use additional spare ifrtxessary. Please explain how the request furthers the purposes of the Roanoke Courtly Onlirnrrec as well 3s the purpose found as Lltc beginning of the applicable zoning district classification in the Zoning Ordirnrtee. Tht Gt'rre/)f' ���isly of Pervla#gon And k-±se, nEi�l,boAved r„ 1��ry1 wavlpf 4,4 be n6a-{ivtly rM?(c--ed ,Pra JJ C4'etf, y ftMil ovl�rS J er 6ro4o�}/a Qld 2 ��h+41t1/ t`hz rtsldG�et vSt L rtrq,tdn �id-1, 'l'�Lj lA,.l�, [agQf'�r9nr. TAG faore. 54-L44,4f '{ 11'0- ,r p41�`in �7r A+l A+In it.¢s i t i 4 % wavle GL rc{vrre.� fa, a!ny 4f Wr1el slily fn M •+t+L Lia.A 4/1 n! r fJrlry ke, EnfvrC rr % hc f)Arl �f SGP221 �{tll���G� Pao- cxplain ow the project conforms to the general guidelines and polities contained in lie Roanoke County Corrnntrnity Pion. 1J /+�%j+-I hltsl Cl2rIEL11r 11( CD1 „1✓t, -hs fJ a_ v.td fJr.r cHy jAlJ 4 rysr� 1I- r'i,ofiy hpm i-J7Th flrL yC re1,114Af ,en i7 Onf5, 111 jA >;-1 A7+1 TFf d iinird,nR re, ttra 1.1.1 j i'o �t4�,. Vsa cf 17i�� hams Li ill nlo+ G1�nn1E . SFays �v✓l/ e_ M,C V( 41(411041a. a'2 fy to +Apri , lea kehr/! Par t-'i lj i-., C''�,4 h61/ 11.' yf'�tN Q<e7,%tdA r SMXIf 7�"Mf(f S'a�c4 r 1 �'"lr7n1 1ra�'hM+ffes I4-�vrJJgjl� id SS1 IOCA/ fAr+IIY 3r Vrjltrj^ r`/ / fella Vf 1 r t biL31` hart 7 / Ai LL't 11%14 4fi.1..0 ith of A i11 10,1- flit let w 1 Levi? any. 71 s,jolaa�� Noose describe the inrpact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including waterfacwcr, roads, schools, parks/recreation arid fire and rescue. rho It pn` G✓rrtnf Chad flt4• Ii v4r- f a -a V.o JJ M�vdd+� M�, n,ify of (o 4.ydvl+s Q,n� 1 y {1sf� t„r{-h � P4rn11l1 L.ci dal✓!t �ldlkverl. hL lteMt Wall Pt_ r41Ar� tfi•�i, �+r, f4l1. L rtvt0, If ✓fg,t1 44 5/tort +Crn rtni`41 mov:1 lCa!`fAr@1• 0vr 1'Pn& 11.,-;, v.., rntr —+. Sa ar) !tiroi►.d ttnr S4"raJs +'ra r1`LL�It na fitr±ierltrzd/ ifs rtsld0,1715 or foe. ,n ¢r i3�'NC Nll1 +rJ �• Ali dCh+S �. 3 rr Mryn.-, n, .ar, ,,,,. ,n Ern Balieful.11115 la 13 ta Mt • • • W.= NI 1 11 A, ILI/fp-13 G ""f" CPA) P ) 1-2 *MORGAN' * TEXAS ONO46061 fl.o LO-N 4t.te 31cIP ic• 0 0 , SUBPOENA for WITNESSES The witnesses are subpoenaed to testify on behalf of: [ ] Commonwealth of Virginia for] M the City, County, or Town indicated [or] [ ] Plaintiff(s) [or] [ ] Defendant(s) [or] [ ] Juvenile Subpoena requested by: COURT AD 6/21/2022 DATE ISSUED _t O Chi z Q 0 Z ^ [) 0 H u 0 F. 6 �-' O > dN • F-^ U W `.+y L Z 0 0 U O z ~ Z E. 01 a Q Z H a zz0 00 JN N 0 U H U au IJ 4-1 U SUBPOENA FOR WITNESSES Q U CITY OR COUNTY pQ General District Court 0 E .�y L) Z 1+ 0 U u Q 0 • 0 • a) 0 (540) 387-6168 305 E. MAIN ST., SALEM, VA 24153 TELEPHONE NUMBER STREET ADDRESS OF COURT to testify in this case. NAME JUDY SUBLETT ADDR 4544 HAMMOND LN ROANOKE, VA PERSONAL SERVIC t n. 0 o o 0.)0 . bB A "? o 0-0 G r a a) 0 a' O ~0 O 0 .0 4: o, 0,, o. rn .Op O 0 w cC ..) .0 ❑ N n>. - p L. 0 o a o O o cG 0 • 3 0 0 ,0 1 CCa eG O r an ° n tU a. Aso c-. us a N .. '1=1 cd 'O •0 m o O O a m •G 0 O - o- > 'O WI a) CI, y H O 0) . ®' a a c 4" W O of 0 F= O N O O kia y 4. N 4 C > O > 0 ,0 O O .� a) a) 0 a) to H en W ti cG eJ to cd 0 0. •, 0 • v E E 6 a3 .-I. E v m w, �° Ala . 0 au R c c W N715 pj 0 w OM -a) m N04 &I Ca. tu Ett an -0 m ti -o 0 5 0 o 0 o J 6) g 0 Ln q•*) R. O al •v 0 0 4 ..0 w 0 O N 0 0 o V. Ed ro CO 0 C Served on Secretary of the Commonwealth. SERVING OFFICER a 0 0 w z NOTICE TO WITNESS: WITNESS COPY z 0 K 4,1 0 0 4501 Girard Airbnb update 7/28/2022 Court date at 9 AM. Terry and attorney appeared. Asked that case against Samantha be dropped. Commonwealth attorney and Dooleys attorney agreed no more short-term rentals according to briefing with by Mr. Bill Richardson. Judge Geddes (sp)? Was advised by agreement Mr. Dooley<s attorney. Judge said would be under advisement for 12 months That will give Dooleys time to decide if they are going to attempt to get a permit from the county for short term rental. Mr. Dooley's attorney advised professor at Virginia Western would be renting for periods of more than 30days. We are to let the county know if we see renters that stay less than 30 days. 4501 Girard Airbnb update 7/28/2022 Court date at 9 AM. Terry and attorney appeared. Asked that case against Samantha be dropped. Commonwealth attorney and Dooleys attorney agreed no more short-term rentals according to briefing with by Mr. Bill Richardson. Judge Geddes (sp)? Was advised by agreement Mr. Dooley<s attorney. Judge said would be under advisement for 12 months That will give Dooleys time to decide if they are going to attempt to get a permit from the county for short term rental. Mr. Dooley's attorney advised professor at Virginia Western would be renting for periods of more than 30days. We are to let the county know if we see renters that stay less than 30 days. 4501 GIRARD AIRBNB APPROXIMATE APPROXIMATE APPROXIMATE \ e owner redoing bathrooms late June early July 2021 0 m approximate time first renters appeared \ \ N \ q q 0 0 q C3 N a)& e - f 0 MI -C C 0 W CO E k o co c e " 2 \ 0 0 Ja / 0 E 13.0 u 2 VI t 3 E a) W q 2 0 2 k / / 3 Wu = / 7 IH \ ƒ y § / ) e k ul / f / a w 2 POLICE CALLED DAMAGE TO NEIGHBOR'S PROPERTY HAVE PICTURES OF CARS FIRST NOTED ON AIRBNB \ \ $ 4501 GIRARD AIRBNB \ n § f 2 r C e 11 to c < 2 2 p II " CC U 11 < 0 } Hi HI ri 0 0 Hi st I-- l NA NJ 0 2 NI } x / rn a. < 1 < 0 r� CO a 8/27/2021 renters / a CO CC U 0 z 0 rv7 LL 0 z 0 Q w U 0 Q J Q 1 z 0 I CC 0 4501 GIRARD APRBNB 5/14/2022 renters N Lr1 N 4— U E X Lf] • CQ7 -0 C a, Ct7 L1'S Uj to c ,u N 0 CO T". 01 M a-1 E .� a1 o +� 3 E - co c -o � z -c >. E ro c o rn C X 4- C a `O c - Q o o a L 2 2 0 o as iv rtiora• i i 0 ro 7 U O to i X - _0 >O. .--1 0) ru > ro I- L 2 a) N o c co j ° c _a u o 13 as tr)5 v) -C c 3 z a.) O O z 0 O r9 lz O w >. C a] CO T.:C CO Q w r_ >. D Y Iv c > 0 ro ro 0 v U 'ES. a NO 0 Q 4 (7 LJ d 0 m 'Ti"— "M ¢~ a L� T 10 about 6-7 O _a r4 H i N 115 m "f� N -13 tia c c o V co ( as ra a`0i > Sr 3 1ti N O aJ p N O NCI 73 N a Lori CO as NI0 cC N rII C 0 0 N N N c'S N NO 0 0 ` LLn C j lO Lo % -1 IT: ! co Sec. 30-85-24.55. - Short -Term Rental. (A) General standards: 1. The applicant shall obtain a zoning permit prior to the occupation of a room or dwelling for short-term rental. The zoning permit application shallinclude, but not be limited to, the following information: a. All relevant parcel information including tax map number, zoning district, address, and magisterial district. b. The applicant's name, address, and personal contact information. c. The name, address, and personal contact information of the authorized party responsible for resolving complaints, if different from the applicant. 2. The county shall be notified within thirty (30) days of any change in the applicant's address or personal contact information, or any change in the name, address or personal contact information of the authorized party responsible for resolving complaints. 3. A short-term rental zoning permit expires upon any change in ownership of the property. 4. A short-term rental zoning permit may be revoked by the zoning administrator due to the failure of the applicant to comply with all applicable regulations set forth in this section or elsewhere in the zoning ordinance or County Code. (B) In the R-1 and R-2 zoning district, the following standard shall apply: 1. A special use permit shall be required on lots less than five (5) acres. Lots that are five (5) acres or greater in size, a short-term rental shall be considered a use permitted by right. (Ord. No. 020921-8 , § 1, 2-9-21) )f 1 5/26/2022, 2:20 PM 0 CO mouse ruies 0 0 iNa 0 0 a; t E 0 e 2 o p 8 16 E. T. •E E 03 a) n • 0 D 1-, 2 E_ 0 kmt 5 rZ ci i .0 airbnb.co \/ Parking and facilities in E iv '311 Co u5 41.1 E E ?...- 02 ii-;- C 411 -P cn C 4E1 '6 :2 E '-'• as o Q. _CI .,, 0 0 > E ciDn'- c? 8 In Not included •\/ X Select check -in date h`irtin;urn stay: 2 niqllts Su t4 o Tu August 2021 29 30 37 September 2021 $125 /nigh; clear dates €r Sa it! Select check -in date October 20 Load more dates Lir) \e" November 2021 0 CN 05 r r tr r- m a C CO L.6 December 2021 - & m R c ` - CO 2 R & K m p « 2 % / co N m ƒ r: q ro u X Select check -in date fa r t w cso t`3 r FNO Q 0 • C`'' 4N ra ry Lt r +43 ry .airbnb.com fit CD 13 "CS 0 - 7 U 11) {N ..0 0 C.) 4 0 ni 7. >, ii... CP TI 0 LI- a) ED 2 it E u- w X CD F i.i March 2022 Select check -in date 17 ;NI tn Csi N 6:53 bone 3of5 Select check -in date NFi.^imum stay: 2 -__s LTE 00 30 5v Mo Tu We Th Fr Sa May 2022 16 17 18 19 20 21 22 June 2022 $125 night 2reoiews AA airbn,b.com. Sent from my iPhone New car arrived either late Friday night or early Saturday morning 4/29/22. House has been empty for a few days. A navy Nissan with North Carolina tags was there most of the day, Wednesday April 27,2022. From looking at the attached calendar on the Airbnb website for this house, looks like it will be occupied through May15,2022. Arid appears to be available to rent May 16-22. Also note the calendar shows 2 day minimum rental. Will send link to the Airbnb site to you in a separate email. For the Eaton Hills Neighborhood i 10:03 q 41 Mail Select check -in date Minimum stay: 2 nights .11 LTE Clear dates Su Mo Tu We Th Fr July 2022 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 r Load more dates $125 night 2 reviews � airbnb.com C; II J)0,c2D l� 0 Sent from my iPhone - • • .• !k• • ; " • 1:40 Sent �1 7• 1_11I Judy Sublett 2/ To: Judy Sublett 811/31. Near beginning of Indian/Pakistani group of 3 stay at 4501 girard g&t,LAD rehl(31 (=DJ / /( - / Ia./ 11 /JJJJIIIIIII/Jjllhijj /mei mow illIg C�� P-5 ('-,--1,-Cr\Lp 3 G-{d 6 jksublett@cox.net From: Sent: To: Subject: Judy Sublett <jksublett©cox.net> Saturday, April 30, 2022 7:10 AM Bill Richardson; Rebecca James; Don Sublett; Judy Sublett 4501 girard airbnb l jksublett@cox.net From: Judy Sublett <jksublett@cox.net> Sent: Tuesday, May 10, 2022 9:58 AM To: Rebecca James; Bill Richardson; Don Sublett; Judy Sublett Subject: 4501 girard airbnb. Group of 4 in white Volkswagen with North Carolina tags vacated Monday May 9,2020. Good morning. This last group Stayed 5 nights. l will do a summary when I get a chance, but it appears that this was about the seventh (7th) group of renters. The group before this group, with the dark blue Toyota Corolla, with Texas tags stayed two (2) nights, Friday and Saturday April 29 th and 30th. it appears that one (1) out of seven (7) groups has rented and stayed 30 days or longer. Judy Sublett For the Eton Hills neighborhood (540) 588-0644 Sent from my iPhone 21.lett@cox.net From: Judy Sublett <jksublett@cox.net> Sent: Monday, May 16, 2022 7:41 AM To: Rebecca James; Bill Richardson; Don Sublett; Judy Sublett Subject: 4501 girard Airbnb Attachments: IMG_3660 jpg; Untitled attachment 00248.txt In case you did not get pictures, I was able to get both car. Group of four arrived in two cars with Pennsylvania tags. They stayed two nights. They arrived Thursday May 12, 2022 and departed Saturday morning, May 14, 2022. This was the'th group and they stayed two nights. c(cl(fc i LLZ'0223 ' i7rg ;L,�� n �,74._ fi'�i �?.1cJ - ? ; �• .�, r } x jkst iblett@cox.net From: Sent: Judy Sublett <1ksublett@cox.net> To: Wednesday, June 1, 2022 7:52 AM Subject: Rebecca James; Bill Richardson; Don 04501 girard airbnb Sublett; Judy Sublett ht group left 4501 girard airbnb on 5 /30/22. Renters were here a total of 6 nights. They drove a Gray with Missouri They were joined by a car with South Carolina tags for the last ni tags And 4-5 people Cleaning person, same Nisan with North Cght or two of their stay. Carolina tags showed in lone 1, 2022. Happy June. Hope you have a good day. Judy Sublett For the Eton Hills Neighborhood Sent from my iPhone jksublett@cox.net From: Judy Subrett <jksublett@cox.net> Sent: Tuesday, May 24, 2022 6:48 AM To: Rebecca James; Bill Richardson; Don Sublett; Judy Sublett Subject: 4501 girard Airbnb New car 5/24/22 /a i Sent from my iPhone Not sure if the SUV arrived fast night or early this morning (5/23/22 or 5/24/22) Can't see the state in the license plate. Judy Sublett for Eton Hills neighborhood jksublett@cox.net From: Judy Sublett <jksublett@cox.net> Sent: Monday, June 13, 2022 5:37 AM To: Bill Richardson; Rebecca James; Don Sublett; Judy Sublett Subject: Fwd: 4501 girard airbnb owner arrived Saturday 6/11/22 around 4 pm. Still here Monday 6/13/22. And Attachments: IMG_4137.HEJC, Untitled attachment 00034.htm Sent from my iPhone Begin forwarded message: From: Judy Sublett <jksublett@cox.net> Date: June 11, 2022 at 5:04:13 PM EDT To: Rebecca James <RJAMES@roanokecountyva.gov>, Bill Richardson <WRICHARDSON@roanokecountyva.gov>, Don Sublett <dons2401811@cox.net>, Judy Sublett <jksublett@cox.net> Subject: 4501 girard airbnb owner arrived Saturday 6/11/22 around 4 pm Surprised to see a handicapped license tag in the van this time. Georgia xcf215 1 'ksublett@cox,net From: Sent: Bill Richardson<WRfCHARDSON@roanokecountyva.gov> To: Tuesday, June 7, 2022 11:17 AM Subject: Judy Subfett Re: [EXTERNAL] - 4501 Girard Airbnb 10th group left 6/6/22 Ms. Sublett, Thank you for the information. Sincerely, Bill Richardson > > > Judy Subfett <jksubfett@cox.net> 6/7/2022 9:22 AM >» Good morning. The 10th group of renters left 4501 girard on Monday 6/6/22. Four wome Cars arrived on Thursday 6/2/22. Stayed 4 nights. n in 2 Blue car with Virginia tags. White car Arizona tags. NARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or iownloaded attachments unless you know the content is from a trusted source. 1 � �+ . kr���,,4 f�'� Terry Dooley Special Use Permit for a Short-tet Board of Supervisors Public HE October 24, 2023 • 4501 Girard Drive • 0.23 Acre • Single family home • Proposed Use: Short-term Rental 3 Project Site 4 Photograph 5 Photograph FrO n k" Yri 6 Main Floor Lay 7 Photograph] 8 Photograph 9 Photograph 10 Photograph A short-term rental is defined as "the provision of c suitable or intended for occupancy for dwelling, purposes, for a period of fewer than 30 consecuth for a charge for the occupancy. This use does not defined in this ordinance including bed and brea breakfast inn, boarding house, country inn, and hl lodge." 11 Zoning Ordina (A) General Standards: 1. The applicant shall obtain a zoning permit prior to t dwelling for short-term rental. The zoning permit ar be limited to, the following information: a. All relevant parcel information including tax ma address, and magisterial district. b. The applicant's name, address, and personal c( c. The name, address, and personal contact inforr responsible for resolving complaints, if different fron 12 Zoning Ordina 2. The County shall be notified within thirty (30) days c address or personal contact information, or any ch or personal contact information of the authorized K complaints. 3. A short-term rental zoning permit expires upon any property. 4. A short-term rental zoning permit may be revoked k to the failure of the applicant to comply with all ap this section or elsewhere in the Zoning Ordinance c 13 Zoning Ordina (B) In the R-1 and R-2 zoning district, the following star 1. A special use permit shall be required on lots less tl five (5) acres or greater in size, a short-term rental permitted by right. 14 Zoning Ordina Existing Zoning • R-1 - Low Density Residential Surrounding Zoning • North - R-1 • East - R-1 • West - R-1 • South - R-1 15 Zoning Neighborhood Conservation • Established Single -Family Residential neighborhoods are delineated and the conservation of the existing development pattern is encouraged. N W E S 16 Future Land Uj • On September 19, 2023, a pet submitted from the Eton Hills N containing 71 signatures of rep oppose this special use permit 17 Public Comme Public Hearing -October 3, 2023 • Ten (10) citizens spoke in opposition c hearing. • Issues and concerns included: • Previous violation for short-term rental w • Out of town owner (Georgia) • Advertising for gatherings up to 25 peoK • No contact information for owner • Small close knit community with one en' • Increase in crime • Traffic impacts 18 Planning Commit • Issues and concerns (continued): • Increased noise • Fear of not knowing who would be corr • Safety concerns • Why let this use in this neighborhood • Fears over additional short-term rentals i and • Wanting to protect their neighborhood 19 Planning Commit • The Planning Commission asked the 1 • Security and background checks of ren • Applicant logs and validates all guest e► security system, and he reviews prior ho: • Marketing platforms • Applicant currently manages the prope Airbnb platform in the future if approve( • Rental patterns • Property currently rented long-term to c spring semesters and he is looking to ad between semesters 20 Planning Commit • The Planning Commission asked the 1 • Management of property -related issues • Local family members would assist with 1 of the property • Any age restriction on rentals • Currently none in place • The Planning Commission also discus gatherings, zoning permit requiremei special use permit conditions. 21 Planning Commit The Planning Commission recommenc special use permit to operate ashort-i following three (3) conditions: 1. The number of overnight guests shall r people. 2. There shall be no gatherings of more t at a time at the residence. 3. Applicant shall be required to provid€ staff with a list of house rules, and be req amendments to those house rules to Roc 22 Planning Commit Question 23 Peter S. Lubeck COUNTY ATTORNEY ROANOKE COUNTY OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800 Roanoke, Virginia 24018-0798 TEL: (540) 772-2071 FAX: (540) 772-2089 SAMPLE MOTIONS Mary Beth Nash Rachel W. Lower Marta J. Anderson SENIOR ASSISTANT COUNTY ATTORNEYS The petition of Terry W. Dooley, Jr. to obtain a special use permit to operate a short-term rental on approximately 0.2363 acre of land zoned R-1 (Low Density Residential) District, located at 4501 Girard Drive, Cave Spring Magisterial District. MOTION TO APPROVE I find that the proposed special use permit: 1. Meets the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special use conforms with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance; 2. Is in conformance with the Roanoke County Comprehensive Plan; and 3. Will have a minimum adverse impact on the surrounding neighborhood and community. I therefore MOVE THAT WE APPROVE the petition to obtain a special use permit, with the following conditions: 1. The number of overnight guests shall not exceed six (6) people. 2. There shall be no gatherings of more than eight (8) people at a time at the residence. 3. Applicant shall be required to provide Roanoke County staff with a list of house rules, and be required to provide any amendments to those house rules to Roanoke County staff. MOTION TO DENY I find that the proposed special use permit request: 1. Is inconsistent with the purpose and intent of the County's adopted comprehensive plan or good zoning practice, and/or 2. Will result in substantial detriment to the community. I therefore MOVE THAT WE DENY the request. MOTION TO DELAY ACTION I find that the required information for the submitted proposal is incomplete. I therefore MOVE TO DELAY action until additional necessary materials are submitted to the Board of Supervisors. 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 24, 2023 ORDINANCE GRANTING A SPECIAL USE PERMIT TO TERRY W. DOOLEY, JR. TO OPERATE A SHORT-TERM RENTAL ON APPROXIMATELY 0.2363 ACRE OF LAND ZONED R-1 (LOW DENSITY RESIDENTIAL DISTRICT), LOCATED AT 4501 GIRARD DRIVE, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Terry W. Dooley, Jr. has filed a petition for a special use permit to operate a short-term rental on approximately 0.2363 acre of land zoned R-1 (Low Density Residential) District, located at 4501 Girard Drive (Roanoke County Tax Map Number 077.17-02-40.00-0000), in the Cave Spring Magisterial District; and WHEREAS, the first reading of this ordinance was held on September 26, 2023, and the second reading and public hearing were held on October 24, 2023; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 3, 2023; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition to obtain a special use permit, with three conditions; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. The Board finds that the proposed special use meets the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special use conforms with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance. Page 1 of 2 2. The Board further finds that the proposed special use is in conformance with the Roanoke County Comprehensive Plan, and will have a minimum adverse impact on the surrounding neighborhood and community. 3. The special use permit is hereby approved, with the following conditions: a. The number of overnight guests shall not exceed six (6) people. b. There shall be no gatherings of more than eight (8) people at a time at the residence. c. Applicant shall be required to provide Roanoke County staff with a list of house rules, and be required to provide any amendments to those house rules to Roanoke County staff. 4. This ordinance shall be in full force and effect thirty (30) days after its final passage. 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