The URL can be used to link to this page

Home My WebLink About8/20/2024 - RegularPage 1 of 5 INVOCATION: Reverend Luz Lecour, United of Roanoke Valley 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.” Roanoke County Board of Supervisors August 20, 2024 Page 2 of 5 Good afternoon and welcome to our meeting for August 20, 2024. 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. 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 them on silent. A. OPENING CEREMONIES 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. BRIEFING 1. Briefing by VDOT to provide information on transportation projects in Roanoke County. (Ken King, VDOT Salem District Engineer, Mike McPherson, VDOT Engineer) D. NEW BUSINESS 1. Resolution Authorizing Economic Development Incentive Agreements with (1) the County of Roanoke, the Roanoke County Economic Development Authority, and Mack Trucks, Inc., and (2) the County of Roanoke, the Virginia Economic Development Partnership Authority, the Roanoke County Economic Development Authority, and Mack Trucks, Inc. (Megan Baker, Director of Economic Development) Roanoke County Board of Supervisors Agenda August 20, 2024 Page 3 of 5 E. FIRST READINGS OF ORDINANCES 1. Ordinance authorizing the acquisition of real property containing approximately 2.71 acres located at 4818 Starkey Road, Roanoke, Virginia (Roanoke County Tax Map No: 087.07-01-16.00-0000). (Doug Blount, Assistant County Administrator) (First Reading and Request for Second Reading) 2. Ordinance authorizing the reallocation of a portion of the proceeds of the County's 2022 lease financing with Virginia Resource Authority. (Laurie Gearheart, Director of Finance and Management Services) (First Reading and Request for Second Reading) 3. Ordinance approving the execution of a lease agreement with .com Properties, IV, LLC for forty (40) parking spaces located at 200 East Calhoun Street, Salem, Virginia. (Peter Lubeck, County Attorney) (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) F. SECOND READING OF ORDINANCES AND PUBLIC HEARING 1. The petition of Joel Calfee to obtain a special use permit to operate a short -term rental on approximately 0.2599 acre of land zoned R-1, Low Density Residential District, located at 1176 Nover Avenue, Hollins Magisterial District. (Philip Thompson, Director of Planning) (Second Reading and Public Hearing) G. APPOINTMENTS 1. Social Services Advisory Board (appointed by District) Teena Wilkin – re-appoint for a four-year term to expire July 31, 2028 H. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes – July 23, 2024 2. Ordinance to accept and appropriate grant funds in the amount of $186,275 from the Virginia Opioid Abatement Authority along with local matches of $48,000 from the Opioid Abatement Settlement Funds received by Roanoke County. (Second Reading) Page 4 of 5 3. 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. 4. Resolution requesting the Virginia Department of Transportation (VDOT) to accept Foxfield Lane of Section 4 of the River Oaks Subdivision in the Catawba Magisterial District into the VDOT Secondary Road System. 5. Request to approve holiday schedule for calendar year 2025. 6. Ordinance authorizing the Treasurer of the County of Roanoke to employ the services of a private collection attorney to assist with the collection of delinquent accounts and to authorize the imposition of a fee to cover the cost of retaining a private collection attorney. (Second Reading) 7. Ordinance authorizing the granting of an easement to the Western Virginia Water Authority for water and sewer improvement projects. (First Reading and Request for Second Reading) 8. The petition of Dale Wilkinson to rezone approximately 21.39 acres of land zoned I-1,Low Intensity Industrial District, to R-3, Medium Density Multi-Family Residential District, in order to develop a 225 -lot residential subdivision, located at 7812 Sanderson Drive, Hollins Magisterial District. (First Reading and Request for Second Reading and Public Hearing) 9. Resolution requesting the Virginia Department of Transportation (VDOT) to accept Integrity Drive in the Vinton Magisterial District into the VDOT Secondary Road System. I. CITIZENS' COMMENTS AND COMMUNICATIONS J. REPORTS 1. Unappropriated Balance, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of July 31, 2024 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of July 31, 2024 5. Accounts Paid – July 2024 K. WORK SESSION 1. Work session with staff to review progress on the Safe Streets and Roads For All Comprehensive Safety Action Plan. (Megan Cronise, Assistant Director of Planning) Page 5 of 5 L. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711(A)(5) of the Code of Virginia, for discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business’ or industry’s interest in locating or expanding its facilities in the community. Specifically, the Board will discuss potential business location or expansion in the Catawba Magisterial District. EVENING SESSION – 7:00 PM M. CERTIFICATION RESOLUTION N. SECOND READING OF ORDINANCES AND PUBLIC HEARING 1. The petition of Reed Road Solar 1, LLC to obtain a special use permit for a major utility service (solar farm) on approximately 36.48 acres of land zoned AR Agricultural/Residential District, located at 9150 Reed Road, Windsor Hills Magisterial District. (Philip Thompson, Director of Planning) (Second Reading and Public Hearing) O. CITIZEN COMMENTS AND COMMUNICATIONS P. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. David F. Radford 2. Tammy E. Shepherd 3. Martha B. Hooker 4. Paul M. Mahoney 5. Phil C. North Q. ADJOURNMENT Page 1 of 1 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: August 20, 2024 AGENDA ITEM: Briefing by VDOT to provide information on transportation projects in Roanoke County SUBMITTED BY: APPROVED BY: Richard L. Caywood County Administrator ISSUE: This time has been set aside for Ken King, Salem District Engineer, and Mike McPherson, VDOT Engineer, to provide a briefing to the Board of Supervisors on transportation projects in Roanoke County. Page 1 of 2 ACTION NO. ITEM NO. D.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: Resolution Authorizing Economic Development Incentive Agreements with (1) the County of Roanoke, the Roanoke County Economic Development Authority, and Mack Trucks, Inc., and (2) the County of Roanoke, the Virginia Economic Development Partnership Authority, the Roanoke County Economic Development Authority, and Mack Trucks, Inc. SUBMITTED BY: Megan Baker Director of Economic Development APPROVED BY: Richard L. Caywood County Administrator ISSUE: These are economic development performance based incentive agreements to assist Mack Trucks with their expansion in Roanoke County. BACKGROUND: Mack Trucks is a privately held company headquartered in Greensboro, North Carolina, with more than $1.32 billion in sales and approximately 4,500 employees. The company is a leading manufacturer of medium-duty and heavy-duty trucks both in North America and more than 30 countries worldwide. Mack currently produces its medium -duty truck line at its Roanoke operations facility in Roanoke County, Virginia. Mack Trucks seeks to grow its production capacity for medium -duty trucks as well as its emergent Mack MD Electric model. The company, after reviewing options at other facilities, decided to expand its operations in Roanoke County. In support of the expansion, there are two proposed economic development incentive agreements: (1) the County of Roanoke, the Roanoke County Economic Development Authority and Mack Trucks, Inc. (the "Local Incentive Agreement"), and (2) the County of Roanoke, the Virginia Economic Development Partnership Authority, the Roanoke County Page 2 of 2 Economic Development Authority, and Mack Trucks, Inc. (the "State Incentive Agreement"). Mack Trucks intends to make a capital investment of $14,500,000, of which approximately $2,000,000 will be invested in machinery and tools, approximately $2,500,000 will be invested in furniture, fixtures and business personal property, and approximately $10,000,00 will be invested in the construction, expansion, and up -fit of the buildings for the facility. The expansion, equipping, improvement, and operation of the Facility will entail the creation and maintenance of 51 new jobs at the facility with an average salary of $52,530. The Local Incentive Agreement offers reimbursement of new tax revenues generated by the project over seven years (the "Local Incentive Grant"). The total amount of the Local Incentive Grant is estimated to be $842,520. The grant is conditioned upon the Company's annual new job creation and retention. If the Company fails to meet the benchmark of 51 jobs, the Local Incentive Grant for that year shall be reduced proportionally. The State Incentive Agreement offers $255,000 from the Commonwealth's Opportunity Fund (the "COF Grant"). These grant funds will be disbursed when the Company reaches an investment of at least $5,000,000 and creates and maintains 50 jobs. FISCAL IMPACT: The Virginia Economic Development Partnership agreement requires no additional funds from Roanoke County beyond a portion of the Local Incentive Grant serving as match to the COF grant. The Local Incentive Grant will be in the form of foregone revenue. As such, no new funding is needed for this project. STAFF RECOMMENDATION: Staff recommends adoption of a resolution authorizing the execution of performance agreements between (1) the County of Roanoke, the Roanoke County Economic Development Authority and Mack Trucks, Inc., and (2) the County of Roanoke, the Virginia Economic Development Partnership Authority, the Roanoke County Economic Development Authority, and Mack Trucks, Inc. 1 PERFORMANCE AGREEMENT THIS PERFORMANCE AGREEMENT (the “Agreement”) is made by and between ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, (hereafter, the “County”), the ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, (hereafter, the “Authority”), and MACK TRUCKS, INC. and its subsidiaries, (hereafter, the “Company”). The effective date of this agreement shall be the date on which all parties to the agreement have signed it, as established by the dates associated with each party’s signature. W I T N E S S E T H WHEREAS, the County and the Authority desire to promote and encourage the economic development and vitality of Roanoke County and the Roanoke Valley through the construction of new business and the retention and expansion of existing business in order to provide for retained and increased employment and corporate investment in Roanoke County; and WHEREAS, the Company desires to expand or fund the expansion through a third party lessor of an existing building (the expansion shall hereinafter be called the “Project”) located at 6450 Technology Drive, Salem, Virginia in Roanoke County (Tax Map #064.02-02-50.02-0000) (the “Property”); and WHEREAS, the County and the Authority expect that the Company will increase its high quality employment opportunities for the citizens of the Roanoke Valley with the completion of this Project, which will promote economic development and 2 generate new local tax revenues for Roanoke County. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties agree to the following: 1. Site Development by the Company. A. The Company will cause this new Project in Roanoke County to be made and developed, subject to obtaining ordinary and necessary governmental approvals from the County, and any other governmental agency. B. The Company shall cause to be constructed an expansion of the facility with an estimated project cost (including but not limited to construction and related soft costs) of $10,000,000 on the Property, $2,500,000 in machinery and tools, and $2,000,000 in personal property (for a total capital investment of $14,500,000). The Company will create, and assign to the Project, approximately 51 new full-time jobs1. C. The Company agrees to provide the County, upon request, with reasonable documentation (provided that any personally identifiable, private, confidential or other information that Company is required by law to keep private, shall 1 “New full-time job” means new permanent full-time employment of an indefinite duration at the Facility for which the standard fringe benefits are provided by the Company or a supplier (or combination of both) for the employee, and for which the Company or the supplier pays an average annual wage of at least $52,530. Average annual wage means the average annual salary of new full-time jobs at the Facility for the Company or a supplier determined by dividing total payroll (of a type included in W-2 compensation) provided to new full-time jobs at the Facility for the Company or that supplier by the number of new full-time jobs at the Facility for the Company or that supplier. Each new full-time job must require a minimum of either (i) 35 hours of an employee’s time per week for the entire normal year of the Company’s or the supplier’s operations, which “normal year” must consist of at least 48 weeks, or (ii) 1,680 hours per year. Seasonal or temporary positions, positions created when a job function or employee already employed by Company or a supplier is shifted from an existing location in the Commonwealth, and positions with construction contractors, vendors, and similar multiplier or spin-off jobs shall not qualify as new full-time jobs, except as noted in the next sentence. Positions created when a job function or employee already employed by the Company or a supplier is shifted to the Facility from an existing location in the Commonwealth may count as “new full-time jobs” if the Company provides a certification to the effect that the Company or the supplier has hired a new employee to fill substantially the same job at the existing location as that held by the transferred position. 3 be redacted) directly relevant to Company’s performance under this Agreement , during the time period in which the Grant payments are to be made pursuant to this Agreement. 2. Procedures for the payment of an Incentive Grant to the Company. A. Beginning the calendar year following the issuance of a certificate of occupancy for the Project , the County shall appropriate to the Authority, in seven annual installments, sums sufficient for an economic development incentive grant (the “Incentive Grant”) for the benefit of the Company. These annual installments will equal a total of eighty-four months of “Net New Local Tax Revenues.” The term, “Net New Local Tax Revenues,” means the total of (i) all new local real estate taxes generated annually by the Company’s operations taking place at the Property above baseline local real estate taxes collected in the calendar year immediately prior to the initiation of the Project (including, for the avoidance of doubt, any real estate taxes imposed on a third party lessor of the Property), plus (ii) all new machinery and tools taxes and other business personal property taxes generated annually by the Company’s operations taking place at the Property that did not exist prior to the initiation of the Project.. The total amount of the Incentive Grant is estimated to be $842,420. If the Company’s operations taking place at the Project generate more than $842,420 in Net New Local Tax Revenues during the seven- year period, the Company will receive an Incentive Grant, in total, equal to all of the Net New Local Tax Revenues, even if such funds exceed $842,420. If the Company’s operations taking place at the Project generate less than the estimated $842,420 in Net New Local Tax Revenues in the seven-year period, and the Company has made the complete investment of $14,500,000, as set forth in paragraph 1(B) above, the Company will receive reimbursements for up to 3 additional years (beyond the aforesaid seven-year period) of Net New Local Tax Revenues, until such time as the $842,420 total 4 Incentive Grant is reached or the additional 3 year period ends, whichever occurs first. If the Company’s operations taking place at the Project generate less than the estimated $842,420 in Net New Local Tax Revenues in the seven-year period, and the Company has not made the complete investment of $14,500,000, as set forth in paragraph 1(B) above, the Company will not be eligible to receive additional reimbursements of Net New Local Tax Revenues under this Agreement beyond those paid at the conclusion of the seven- year period. B. As noted above in paragraph 1(B), the Company estimates that operations at the Project will create 51 new full-time jobs in addition to existing employment as of January 1, 2024. The parties agree that the Incentive Grant shall be conditioned upon the Company’s annual new job creation and retention or existing employment, and hereby agree to the following benchmarks for net new jobs created and retained during the term of the agreement: Grant Year Number of net new jobs created and retained 1 25 2 51 3 51 4 51 5 51 6 51 7 51 Each subsequent year, if the agreement is extended for up to three additional years pursuant to paragraph 2(A) 51 5 If the Company meets the job creation and retention benchmarks set forth above, the annual Incentive Grant payments shall be paid to the Company in full. However, for any year in which the Company fails to meet the benchmark, the Incentive Grant shall be reduced by the same percentage by which the Company fails to meet the benchmark. For example, if the Company, in year two of the agreement, has only created and retained 25 new jobs (~50% less than the benchmark), the Incentive Grant for that year shall likewise be reduced by the same percentage, ~50%. C. During such time as this agreement is in effect, within sixty (60) days of the end of each calendar year, the Company shall provide tax and job data (provided that any personally identifiable, private, confidential or other information Company is required by law to keep private, shall be redacted) as may be reasonably required by the Authority, so that the Authority may calculate the actual Incentive Grant amounts. The Company hereby authorizes the Commissioner of the Revenue for Roanoke County and the Commonwealth of Virginia to release to the Authority and the County the Company’s tax and job data so that they may calculate the annual Incentive Grant amounts. The Authority shall pay the annual Incentive Grant amount to the Company at an address designated by the Company within thirty days after receipt by the Authority of the data. D. If the Company fails to complete the construction of the Project by December 31, 2026 or discontinues operations at the Project during the term of this Agreement, this Agreement shall be terminated and each party shall be relieved of any further obligation to the other. 6 3. If any party is unable to perform its commitments under this Agreement by reason of force majeure, then that party shall not be deemed to be in default of its obligations under this Agreement, and any deadlines for the performance of its obligations and, if applicable, the deadlines for the performance of the other party’s obligations shall be extended for a time equal to the time period of the force majeure event, plus ten days. The term “force majeure” as used herein, shall include without limitation any of the following: acts of God; strikes, lockouts or other industrial disturbances; act of public enemies; orders of any kind of the government of the United States of America or of the Commonwealth or any of their respective departments, agencies, political subdivisions or officials, or any civil or military authority; insurrections; riots; epidemics; pandemics; landslides; lightning; earthquakes; fires; hurricanes; tornadoes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions; breakage or accident to machinery, transmission pipes or canals not caused by the Company; partial or entire failure of utilities; or any other cause or event not reasonably within the control of the Company. 4. This Agreement shall be governed by and all disputes related hereto shall be determined in accordance with the laws of the Commonwealth of Virginia. Venue for any litigation pertaining to this Agreement shall lie exclusively with the Roanoke County Circuit Court. 5. The parties acknowledge that any payments of public funds are subject to future appropriations by the Roanoke County Board of Supervisors to the Authority. It is of course the intention of the Board of Supervisors, as presently constituted, to make 7 all such appropriations as set forth in this Agreement. The Board of Supervisors does not anticipate that a future Board would consider any other course of action, but recognizes that while it cannot legally dictate the actions of future Board members in such matters, the failure of future Boards to abide by the terms of this performance agreement could erode trust and deter future economic development in the County. Roanoke County is not aware of any past circumstances in which it has failed to make agreed upon incentive payments to a company who has met the requirements of a performance agreement. 6. Any documents containing confidential and proprietary information made available and identified as such by the Company, shall be maintained as confidential by the County and the Authority, to the extent permitted by law. Prior to any disclosure pursuant to a request for information under the Virginia Freedom of Information Act, the County or the Authority shall notify the Company as soon as reasonably possible and, at the same time, provide the Company with a copy of any intended disclosure and allow the Company sufficient time to provide comments to the intended disclosure. The parties will work together in good faith to agree on the proposed wording of any disclosure. {Remainder of page intentionally left blank; signature pages follow} 8 IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first above written. Approved as to form: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: By: Peter Lubeck, County Attorney Richard L. Caywood, P.E. (date) County Administrator STATE OF VIRGINIA ) ) COUNTY OF ROANOKE ) The foregoing instrument was acknowledged before me this day of 2024, by Richard L. Caywood, P.E., County Administrator, on behalf of the Board of Supervisors for Roanoke County, Virginia. Notary Public My Commission expires: Approved as to form: ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY By: By: Attorney for EDA Chairman (date) STATE OF VIRGINIA ) ) COUNTY OF ROANOKE ) The foregoing instrument was acknowledged before me this day of 2024, by , Chairman of the Economic Development Authority of Roanoke County, Virginia. Notary Public My Commission expires: / / COMPANY By: (date) Its: STATE OF ) ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2024, by , as of the Company. Notary Public My Commission expires: / / 1 Mack Trucks COF Performance Agreement 07.31.24 COMMONWEALTH’S DEVELOPMENT OPPORTUNITY FUND PERFORMANCE AGREEMENT This PERFORMANCE AGREEMENT (the “Agreement”) made and entered this ____ day of __________, 2024, by and among the COUNTY OF ROANOKE, VIRGINIA (the “Locality”), a political subdivision of the Commonwealth of Virginia (the “Commonwealth”), MACK TRUCKS, INC., a Pennsylvania corporation authorized to transact business in the Commonwealth (the “Company”), the VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP AUTHORITY (“VEDP”), a political subdivision of the Commonwealth, and the ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA (the “Authority”), a political subdivision of the Commonwealth. WITNESSETH: WHEREAS, the Locality has been awarded a grant of and expects to receive $255,000 (the “COF Grant”) from the Commonwealth’s Development Opportunity Fund (the “Fund”) through VEDP for the purpose of inducing the Company to expand, equip, improve, and operate an existing production facility in the Locality (the “Facility”), thereby making a significant Capital Investment, and creating and Maintaining a significant number of New Jobs, as such capitalized terms are hereinafter defined; WHEREAS, the Locality is willing to provide the funds to the Authority with the expectation that the Authority will provide the funds to or for the use of the Company, provided that the Company meets certain criteria relating to Capital Investment and New Jobs; WHEREAS, the Locality, the Authority, the Company, and VEDP desire to set forth their understanding and agreement as to the payout of the COF Grant, the use of the COF Grant proceeds, and the obligations of the Company regarding Capital Investment and New Jobs; WHEREAS, the expansion, equipping, improvement, and operation of the Facility will entail a capital expenditure by or on behalf of the Company of approximately $14,500,000, of which approximately $2,000,000 will be invested in machinery and tools, approximately $2,500,000 will be invested in furniture, fixtures and business personal property, and approximately $10,000,000 will be invested in the construction, expansion and up-fit of the buildings for the Facility; WHEREAS, the expansion, equipping, improvement, and operation of the Facility will further entail the creation and Maintenance of 51 New Jobs at the Facility; and WHEREAS, the stimulation of the additional tax revenue and economic activity to be generated by the Capital Investment and New Jobs constitutes a valid public purpose for the expenditure of public funds and is the animating purpose for the COF Grant: 2 Mack Trucks COF Performance Agreement 07.31.24 NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises and undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows. Section 1. Definitions. For the purposes of this Agreement, the following terms shall have the following definitions: “Affiliate” means an entity, through one or more intermediaries, controlling, controlled by, or under common control with the Company. “Capital Investment” means a capital expenditure by or on behalf of the Company, its Affiliates and Suppliers in taxable real property, taxable tangible personal property, or both, at the Facility. The purchase or lease of machinery and tools or furniture, fixtures, and business personal property, including under an operating lease, and expected building expansion, improvement and up-fit by or on behalf of the Company, its Affiliates, and its Suppliers will qualify as Capital Investment. A capital expenditure related to a leasehold interest in real property will be considered made “on behalf of the Company” if a lease between a lessor and the Company, as lessee, is a capital lease or is an operating lease having a term of at least 10 years (including extensions), and the real property would not have been constructed or improved but for the Company’s interest in leasing some or all of the property. The Capital Investment must be in addition to the capital improvements at the Facility as of January 1, 2024. “Capital Investment Target” means that the Company, its Affiliates, its Suppliers, and is lessors have made or caused to be made and retained Capital Investments of at least $14,500,000. “Fund” means the Commonwealth’s Development Opportunity Fund. “Maintain” means that the New Jobs will continue without interruption from the date of creation through the date that the level of achievement of the New Jobs Target is being tested, including the Performance Date. Positions for the New Jobs will be treated as Maintained during periods in which such positions are not filled due to (i) temporary reductions in the Company’s employment levels (so long as there is active recruitment for open positions), (ii) strikes, and (iii) other temporary work stoppages. “New Job” means new permanent full-time employment of an indefinite duration at the Facility for which the standard fringe benefits are provided by the Company or a Supplier for the employee, and for which the Company pays an average annual wage of at least $52,530. Average annual wage means the average annual salary of full-time positions at the Facility determined by dividing total payroll (of a type included in W-2 compensation) provided to full-time positions at the Facility by the number of full-time positions at the Facility. Each New Job must require a minimum of either (i) 35 hours of an employee’s time per week for the entire normal year of the Company’s operations, which “normal year” must consist of at least 48 weeks, or (ii) 1,680 hours per year. Seasonal or temporary positions, positions created when a job function is shifted from 3 Mack Trucks COF Performance Agreement 07.31.24 an existing location in the Commonwealth, and positions with construction contractors, vendors, and similar multiplier or spin-off jobs shall not qualify as New Jobs , except as noted in the next sentence. Positions created when a job function or employee already employed by the Company or a supplier is shifted to the Facility from an existing location in the Commonwealth may count as “new full-time jobs” if the Company provides a certification to the effect that the Company or the supplier has hired a new employee to fill substantially the same job at the existing location as that held by the transferred position. The New Jobs must be in addition to the 242 full-time jobs at the Facility as of January 1, 2024. “New Jobs Target” means that the Company and its Suppliers have created and Maintained at least 51 New Jobs. “Performance Date” means March 31, 2028. “Performance Report” means a report to be filed by the Company in accordance with Section 5. The “Final Performance Report” is to be filed within 90 days after the Performance Date. As noted in Section 5, the Locality, the Authority and VEDP may each request a Performance Report at other dates prior to the Performance Date. “Supplier” means a business invited by the Company from time to time to bring certain of its operations into the Facility to assist with the production of medium-duty trucks. “Targets” means the Capital Investment Target and the New Jobs Target, all to be achieved as of the Performance Date. “Virginia Code” means the Code of Virginia of 1950, as amended. Section 2. Targets; Statutory Criteria. (a) Targets: The Company will expand, equip, improve, and operate the Facility, and achieve the Targets. (b) Encouragement to Offer New Jobs to Residents of the Commonwealth: The Locality, the Authority, and VEDP hereby strongly encourage the Company to ensure that at least 30% of the New Jobs are offered to “Residents” of the Commonwealth, as defined in Virginia Code Section 58.1-302. In pertinent part, that definition includes natural persons domiciled in Virginia or natural persons who, for an aggregate of more than 183 days of the year, maintained a place of abode within the Commonwealth, whether domiciled in the Commonwealth or not. (c) Prevailing Wage; Unemployment and Poverty Rates: The average annual wage of the New Jobs of at least $52,530 is more than the prevailing average annual wage in the Locality of $52,295. The Locality is not a high-unemployment locality, with an unemployment rate for 2022, which is the last year for which such data is available, of 2.6% as compared to the 2022 statewide unemployment rate of 2.9%. The Locality is not a high-poverty locality, with a poverty rate for 2022, which is the last year for which such data is available, of 8.1% as compared to the 2022 statewide poverty rate of 10.6%. 4 Mack Trucks COF Performance Agreement 07.31.24 (d) Disclosure of Political Contributions: The Company acknowledges that the name of the Company will be shared by VEDP with the Governor of Virginia, and any campaign committee or political action committee associated with the Governor. The Company acknowledges that within 18 months of the date of this Agreement, the Governor, his campaign committee, and his political action committee will submit to the Virginia Conflict of Interest and Ethics Advisory Council a report listing any contribution, gift, or other item with a value greater than $100 provided by the Company to the Governor, his campaign committee, or his political action committee, respectively, during the period from the date of the Company’s application for the COF Grant through the one-year period immediately after the date of this Agreement. (e) Support for Virginia’s and Locality’s Economic Development Efforts: Recognizing that it is in the best interest of all parties for the Commonwealth and the Locality to achieve sustained economic growth, the parties will periodically engage with one another to advise on economic development strategies and initiatives for the Commonwealth and the Locality, such as promoting the attributes of the Commonwealth and the Locality as places to do business, or highlighting important industry trends and/or business development opportunities that the Commonwealth or the Locality may wish to pursue. Such engagement would include the Company’s participation in occasional business retention and expansion visits from VEDP personnel, as deemed appropriate based on the project parameters and nature of the incentives provided to the Company. (f) Compliance with Environmental Laws: The Company covenants to (i) comply in all material respects with any and all applicable federal, state and local laws and regulations relating to the protection of human health and safety, the environment or hazardous or toxic substances or wastes, pollutants or contaminants ("Environmental Laws") with respect to its operations at the Facility, (ii) receive all material permits, licenses or other approvals required of the Company under applicable Environmental Laws to conduct its business at the Facility, and (iii) remain in compliance with all material terms and conditions of any such permit, license or approval. If the Company fails to comply with this covenant, and fails to rectify the noncompliance within 30 days of notice from VEDP, VEDP shall have the option to terminate this Agreement in accordance with Section 7. Section 3. Disbursement of COF Grant. (a) General Provisions: The disbursement of the COF Grant proceeds to the Company will serve as an inducement to the Company to achieve the Targets. The COF Grant is to be allocated as 30% ($76,500) for the Company’s Capital Investment Target, and 70% ($178,500) for the Company’s New Jobs Target. The statutory minimum requirements for a COF Grant in the Locality require that the Company (1) make or cause to be made and retained a Capital Investment of at least $5,000,000 and (2) create and Maintain at least 50 New Jobs (the “Statutory Minimum Requirements”). The COF Grant proceeds shall be retained in the Fund until needed for disbursement or the COF Grant is withdrawn in accordance with the terms of this Agreement. 5 Mack Trucks COF Performance Agreement 07.31.24 (b) Disbursement of the COF Grant: Within 90 days after the Performance Date, the Company will deliver the Final Performance Report. Through this report, the Company will provide notice and evidence satisfactory to the Locality, the Authority and VEDP of the amount of Capital Investments made or caused to be made and retained, and the number of New Jobs created and Maintained, by the Company as of the Performance Date. The Final Performance Report will be subject to verification by the Locality and VEDP. Upon such verification, the amount of the COF Grant proceeds to be disbursed to the Company, if any, shall be determined as follows: (i) If Statutory Minimum Requirements Not Met: If, as of the Performance Date, the Company has not achieved both of the Statutory Minimum Requirements, the Company will not receive any of the proceeds of the COF Grant. (ii) If Targets Met: If, as of the Performance Date, the Company has achieved the Capital Investment Target and the New Jobs Target, the Company will receive all $255,000 of the proceeds of the COF Grant. (iii) If Statutory Minimum Requirements Met, but Targets Not Met: If, as of the Performance Date, the Company has achieved both of the Statutory Minimum Requirements, but has not achieved the full Capital Investment Target and the full New Jobs Target, the Company will qualify for a reduced disbursement of the COF Grant, reflecting a proportional amount of the Target or Targets for which there is a shortfall. For example, if as of the Performance Date, only $13,050,000 of the Capital Investment has been retained (reflecting achievement of 90% of the Capital Investment Target), and only 50 New Jobs have been created and Maintained (reflecting achievement of 98% of the New Jobs Target), the Company will receive $68,850 (reflecting 90% of the $76,500 of the COF Grant allocated to the Capital Investment Target), plus $174,930 (reflecting 98% of the $178,500 of the COF Grant allocated to the New Jobs Target), for a total of $243,780. These amounts reflect the percentages of the shortfall from the Capital Investment Target and the New Jobs Target, each such shortfall multiplied by the portion of the COF Grant proceeds available to the Company allocated to that Target. Within 30 days after verification of the Final Performance Report, if any amount of COF Grant proceeds are available for disbursement to the Company, as determined in accordance with the foregoing calculations, VEDP will disburse that amount to the Locality. Within 30 days after receipt of such amount, the Locality will disburse such COF Grant proceeds to the Authority. Within 30 days after receipt of such amount, the Authority will disburse such COF Grant proceeds to the Company. If any amount of COF Grant proceeds has not been earned by the Company, the amount not disbursed will be retained in the Fund and will be available for other economic development projects. 6 Mack Trucks COF Performance Agreement 07.31.24 (c) Use of the COF Grant Proceeds: The Company will use the COF Grant proceeds to pay or reimburse the cost of expansion-related construction costs, as permitted by Section 2.2- 115(D) of the Virginia Code. Section 4. Break-Even Point; State and Local Incentives. (a) State-Level Incentives: VEDP has estimated that the Commonwealth will reach its “break-even point” by the Performance Date. The break-even point compares new revenues realized as a result of the Capital Investment and New Jobs at the Facility with the Commonwealth’s expenditures on discretionary incentives, including but not limited to the COF Grant. With regard to the Facility, the Commonwealth expects to provide discretionary incentives in the following amounts: The proceeds of the COF Grant shall be used for the purposes described in Section 3(c). The VJIP grant proceeds shall be used by the Company to pay or reimburse itself for recruitment and training costs. (b) Local-Level Incentives: The Locality and the Authority expect to provide the following incentives, as matching grants or otherwise, for the Facility by the Performance Date: If, by the Performance Date, the total value of all Local-Level Incentives disbursed or provided, or committed to be disbursed or provided, by the Locality to the Company is less than the $255,000 COF Grant local match requirement, the Locality, subject to appropriation, will make an additional grant to the Company of the difference promptly after Performance Date, so long as the Company has met its Targets. (c) Other Incentives: This Agreement relates solely to the COF Grant. The qualification for, and payment of all State-Level Incentives and Local-Level Incentives, except for the COF Grant, will be governed by separate arrangements between the Company and the entities offering the other incentives. Section 5. Company Reporting. (a) Performance Reporting: The Company shall provide, at the Company’s expense, in the form attached hereto as Exhibit A, detailed Performance Reports satisfactory to the Locality, the Authority and VEDP of the Company’s progress on the Targets. The Performance Reports are due by each July 1, commencing July 1, 2025, reflecting the Company’s progress 7 Mack Trucks COF Performance Agreement 07.31.24 toward the Targets as of the prior March 31. Further, the Company shall provide such Performance Reports at such other times as the Locality, the Authority or VEDP may require. If the Company wishes to count as New Jobs employees of Suppliers, as permitted in the definition of “New Jobs” in Section 1, the Company is responsible for assembling and distributing the documentation necessary to verify such New Jobs, including whether such jobs are net New Jobs in the Commonwealth. (b) Final Performance Report: The Company shall provide, at the Company’s expense, in the form attached hereto as Exhibit B, a detailed Final Performance Report satisfactory to the Locality, the Authority and VEDP of the Company’s achievement of the Targets as of the Performance Date. This Final Performance Report shall be filed within 90 days after the Performance Date. Should the Company be unable to file the Final Performance Report within the 90-day timeframe, the Company may request a 60-day delay in filing the Final Performance Report. VEDP will require a $3,000 fee, payable to VEDP, to process the request for the filing delay. Should the Company not file the Final Performance Report within the 90-day window nor request a filing delay (including payment of the required fee), or if the Company requests a filing delay but does not file the Final Performance Report prior to the new filing deadline, VEDP will withhold any COF Grant payment that might otherwise be due and all rights of the Company under this Agreement will automatically terminate. Section 6. Verification of Targets. (a) Verification of Capital Investment: The Company hereby authorizes the Locality, including the Locality’s Commissioner of the Revenue and Treasurer, to release to VEDP the Company’s real estate tax, business personal property tax and machinery and tools tax information. Such information shall be marked and considered confidential and proprietary and shall be used by VEDP solely for verifying satisfaction of the Capital Investment Target. If the Locality, the Office of the Commissioner of the Revenue or the Office of the Treasurer should require additional documentation or consents from the Company to access such information, the Company shall promptly provide, at the Company’s expense, such additional documentation or consents as the Locality or VEDP may request. In accordance with Virginia Code Section 58.1- 3122.3, VEDP is entitled to receive the Company’s real estate tax, business personal property tax and machinery and tools tax information from the Locality’s Commissioner of the Revenue. (b) Verification of New Jobs and Wages: The Company must submit a copy of its four most recent Employer’s Quarterly Tax Reports (Form FC-20) with the Virginia Employment Commission with the Final Performance Report. The forms shall be marked and considered confidential and proprietary and shall be used by VEDP solely for verifying satisfaction of the New Jobs Target. In accordance with Virginia Code Section 60.2-114, VEDP is entitled to receive the Company’s employment level and wage information from the Virginia Employment Commission. 8 Mack Trucks COF Performance Agreement 07.31.24 The Company agrees that it will report to the Virginia Employment Commission with respect to its employees at a facility-level, rather than at the company-level. (c) Additional Documentation: In addition to the verification data described above, in the sole discretion of the Locality, the Authority or VEDP, the Locality, the Authority or VEDP, may each require such other documentation or audits as may be required to properly verify the Capital Investment or New Jobs. Section 7. Possible Termination of this Agreement and Redeployment of COF Grant Proceeds. If the Locality, the Authority or VEDP shall determine at any time prior to the Performance Date that the Company is unable or unwilling to meet and Maintain its Targets by and through the Performance Date, and if the Locality, the Authority or VEDP shall have promptly notified the Company of such determination, this Agreement will be terminated, no further disbursements of the COF Grant proceeds will be made to the Company, and the amount not disbursed will be retained in the Fund and made available for other economic development projects. Such a determination will be based on such circumstances as a filing by or on behalf of the Company under Chapter 7 of the U.S. Bankruptcy Code, the liquidation of the Company, an abandonment of the Facility by the Company, a failure to comply with the covenant provided in Section 2(f), or other similar significant event that demonstrates that the Company will be unable or is unwilling to satisfy the Targets for the COF Grant. Section 8. Notices. Formal notices and communications between the parties shall be given either by (i) personal service, (ii) delivery by a reputable document delivery service that provides a receipt showing date and time of delivery, (iii) mailing utilizing a certified or first class mail postage prepaid service of the United States Postal Service that provides a receipt showing date and time of delivery, or (iv) delivery by electronic mail (email) with transmittal confirmation and confirmation of delivery, addressed as noted below. Notices and communications personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices and communications mailed shall be deemed effective on the second business day following deposit in the United States mail. Notices and communications delivered by email shall be deemed effective the next business day, not less than 24 hours, following the date of transmittal and confirmation of delivery to the intended recipient. Such written notices and communications shall be addressed to: if to the Company, to: Salem, Virginia 24153 Email: antonio.servidoni@macktrucks.com Attention: General Manager, Mack Medium if to the Locality, to: with a copy to: 9 Mack Trucks COF Performance Agreement 07.31.24 5204 Bernard Drive Post Office Box 29800 Roanoke, Virginia 24018-0798 Email: rcaywood@roanokecountyva.gov 5204 Bernard Drive Post Office Box 29800 Roanoke, Virginia 24018-0798 Email: pluback@roanokecountyva.gov if to the Authority, to: with a copy to: County, Virginia c/o County of Roanoke, Virginia Department of Economic Development 5204 Bernard Drive SW Room 421 Roanoke, Virginia 24018-0798 Email: econdev@roanokecountyva.gov Department of Economic Development 5204 Bernard Drive SW Room 421 Roanoke, Virginia 24018-0798 Email: mebaker@roanokecountyva.gov Attention: Economic Development Director if to VEDP, to: with a copy to: One James Center, Suite 900 901 East Cary Street Richmond, Virginia 23219 Email: ceo@vedp.org One James Center, Suite 900 901 East Cary Street Richmond, Virginia 23219 Email: generalcounsel@vedp.org Each party may change the address for service of notice upon it by a notice in writing to the other parties hereto. Section 9. Miscellaneous. (a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement among the parties hereto as to the COF Grant and may not be amended or modified, except in writing, signed by each of the parties hereto. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Company may not assign its rights and obligations under this Agreement without the prior written consent of the Locality, the Authority and VEDP. (b) Governing Law; Venue: This Agreement is made, and is intended to be performed, in the Commonwealth and shall be construed and enforced by the laws of the Commonwealth. Jurisdiction and venue for any litigation arising out of or involving this Agreement shall lie in the Circuit Court of the City of Richmond, and such litigation shall be brought only in such court. 10 Mack Trucks COF Performance Agreement 07.31.24 (c) Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be an original, and all of which together shall be one and the same instrument. (d) Severability: If any provision of this Agreement is determined to be unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining provisions will not in any way be affected or impaired, and such provision will be deemed to be restated to reflect the original intentions of the parties as nearly as possible in accordance with applicable law. (e) Attorney’s Fees: Attorney’s fees shall be paid by the party incurring such fees. (f) Force Majeure: Notwithstanding the foregoing provisions of this Agreement, if the Company does not achieve a Target or take any action required under this Agreement because of an “Event of Force Majeure” (as defined below), the time for achieving the applicable Target or taking such action will be extended day-for-day by the delay in meeting the applicable Target or taking such action caused by the Event of Force Majeure. “Event of Force Majeure” means without limitation, any of the following: acts of God; strikes, lockouts or other industrial disturbances; act of public enemies; orders of any kind of the government of the United States of America or of the Commonwealth or any of their respective departments, agencies, political subdivisions or officials, or any civil or military authority; insurrections; riots; epidemics; pandemics; landslides; lightning; earthquakes; fires; hurricanes; tornadoes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions; breakage or accident to machinery, transmission pipes or canals not caused by the Company; partial or entire failure of utilities; or any other cause or event not reasonably within the control of the Company. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 11 Mack Trucks COF Performance Agreement 07.31.24 IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as of the date first written above. COUNTY OF ROANOKE, VIRGINIA By Name: Title: Date: _________________________ ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE, VIRGINIA By Name: Title: Date: _________________________ MACK TRUCKS, INC. By Name: Title: Date: _________________________ VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP AUTHORITY By Name: Title: Date: _________________________ Exhibit A: Performance Report Form Exhibit B: Final Performance Report Form 12 Mack Trucks COF Performance Agreement 07.31.24 Exhibit A PERFORMANCE REPORT COMMONWEALTH’S DEVELOPMENT OPPORTUNITY FUND PROJECT SUMMARY: PROJECT PERFORMANCE: Performance Measurement Target As of _______ % Complete New Jobs reached by Performance Date shown ☐ ☐ ☐ Capital Investment 1 reached by Performance Date shown ☐ ☐ ☐ Average Annual Wage reached by Performance Date shown ☐ ☐ ☐ Standard Fringe Benefits ☐☐ 1 Data will be verified with locality records. 13 Mack Trucks COF Performance Agreement 07.31.24 Capital Investment Breakdown Amount Total $ COMMENTS: Discuss project status, including the current level of new jobs and capital investment, progress on targets, changes or likely changes in project’s nature that may impact achievement of targets, and other information relevant to project performance. If the project is not on track to meet targets, please provide an explanation. TO BE CERTIFIED BY AN OFFICER OF THE COMPANY: I certify that I have examined this report and to the best of my knowledge and belief, it is true, correct, and complete. Company: Submitted By: Signature of Official Name: Print Name Title: Date: _________________________ Please return to: Kim Ellett, Director of Compliance, Virginia Economic Development Partnership, 804.545.5618, kellett@vedp.org 14 Mack Trucks COF Performance Agreement 07.31.24 Exhibit B FINAL PERFORMANCE REPORT COMMONWEALTH’S DEVELOPMENT OPPORTUNITY FUND PROJECT SUMMARY: PROJECT PERFORMANCE:1 Performance Measurement Target As of ________, 20__ % Complete New Jobs Capital Investment 3 Average Annual Wage Standard Fringe Benefits 1Final, actual performance will be reported on VEDP’s public reporting website. 2 Attach the company’s four most recent Quarterly Tax Reports (Form FC-20) filed with the Virginia Employment Commission. 3 Data will be verified using records from the Commissioner of the Revenue and invoices. Capital Investment Breakdown Amount Total $ 15 Mack Trucks COF Performance Agreement 07.31.24 LOCAL MATCH: Goal Actual COMMENTS: Discuss Project status or the importance of the Project to the locality and region. TO BE CERTIFIED BY AN OFFICER OF THE COMPANY: I certify that I have examined this report and to the best of my knowledge and belief, it is true, correct, and complete. Company: Submitted By: Signature of Official Name: Print Name Title: Date: _________________________ Please return to: Kim Ellett, Director of Compliance, Virginia Economic Development Partnership, 804.545.5618, kellett@vedp.org Page 1 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 20, 2024 RESOLUTION AUTHORIZING ECONOMIC DEVELOPMENT INCENTIVE AGREEMENTS WITH (1) THE COUNTY OF ROANOKE, THE ROANOKE COUNTY ECONOMIC DEVELOPMENT AUTHORITY, AND MACK TRUCKS, INC., AND (2) THE COUNTY OF ROANOKE, THE VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP AUTHORITY, THE ROANOKE COUNTY ECONOMIC DEVELOPMENT AUTHORITY, AND MACK TRUCKS, INC. WHEREAS, Mack Trucks, Inc. is a privately held company headquartered in Greensboro, North Carolina, with more than $1.32 billion in sales and approximately 4,500 employees. The company is a leading manufacturer of medium -duty and heavy- duty trucks both in North America and more than 30 countries worldwide. Mack currently produces its medium-duty truck line at its Roanoke operations facility in Roanoke County, Virginia; and WHEREAS, Mack Trucks seeks to grow its production capacity for medium-duty trucks as well as its emergent Mack MD Electric model. The company, after reviewing options at other facilities, decided to expand its operations in Roanoke County. In support of the expansion, economic development incentive agreements are proposed with (1) the County of Roanoke, the Roanoke County Economic Development Authority and Mack Trucks, Inc. and (the "Local Incentive Agreement"), and (2) the County of Roanoke, the Virginia Economic Development Partnership Authority, the Roanoke County Economic Development Authority, and Mack Trucks, Inc. (the "State Incentive Agreement"); and WHEREAS, Mack Trucks intends to make a capital investment of $14,500,000, of which approximately $2,000,000 will be invested in machinery and tools, Page 2 of 2 approximately $2,500,000 will be invested in furniture, fixtures and business personal property, and approximately $10,000,00 will be invested in the construction, expansion, and up-fit of the buildings for the facility. The expansion, equipping, improvement, and operation of the Facility will entail the creation and maintenance of 51 new jobs at the facility with an average salary of $52,530; and WHEREAS, the Local Incentive Agreement offers reimbursement of new tax revenues generated by the project over seven years (the "Local Incentive Grant"). The total amount of the Local Incentive Grant is estimated to be $842,520. The grant is conditioned upon the Company's annual new job creation and retention. If the Company fails to meet the benchmark of 51 jobs, the Local Incentive Grant for that year shall be reduced proportionally; and WHEREAS, the State Incentive Agreement offers $255,000 from the Commonwealth's Opportunity Fund (the "COF Grant"). These grant funds will be disbursed when the Company reaches an investment of at least $5,000,000 and creates and maintains 50 jobs. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows: 1. The Board authorizes the County Administrator, Deputy County Administrator, or Assistant County Administrator to execute the above - described Local and State Incentive Agreements, in substantially the same form as today presented, with any minor amendments that may be approved as to form by the County Attorney. 2. This resolution shall take effect immediately upon its adoption. Page 1 of 2 ACTION NO. ITEM NO. E.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: Ordinance authorizing the acquisition of real property containing approximately 2.71 acres located at 4818 Starkey Road, Roanoke, Virginia (Roanoke County Tax Map No: 087.07-01-16.00-0000) SUBMITTED BY: Rachel Lower Deputy County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: In order to enhance services for Roanoke County residents and to improve the work environment for Roanoke County employees, staff have identified a need for a new Department of Parks, Recreation, and Tourism office. BACKGROUND: Staff have identified a need for a new Roanoke County Department of Parks, Recreation, and Tourism office in Roanoke County. To accomplish this project, staff initiated a search of real estate to acquire to achieve this purpose. County staff have concluded that a certain property, containing approximately 2.71 acres and an existing building, located at 4818 Starkey Road, would be the most appropriate property to purchase and relocate Roanoke County's Department of Parks, Recreation, and Tourism office to. DISCUSSION: The property located at 4818 Starkey Road is currently owned by the Economic Development Authority of Roanoke County, Virginia. County staff have been in contact with representatives of the Economic Development Authority of Roanoke County, Virginia, and have mutually agreed upon terms of the sale of the property located at 4818 Starkey Road. Page 2 of 2 FISCAL IMPACT: The purchase price of the property located at 4818 Starkey Road will be $1,907,152.33. The purchase price will include certain items of personal property that are currently located in the building to be sold with the property. Funding for purchase of the property and renovating the existing building located thereon can come from Roanoke County's bonds through the Virginia Resource Authority (VRA) as part of their 2022B Fall issuance. To use this bonding an amendment must be made to the VRA bond financing lease and tax certificate documents. The amendment is being presented to the Board as a separate agenda item on August 20, 2024. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance, and scheduling of the second reading on September 10, 2024. 1 PREPARED BY: Rachel W. Lower, Deputy County Attorney VSB # 88094 Office of the County Attorney 5204 Bernard Drive Roanoke, VA 24018 Tax Map No: 087.07-01-16.00-0000 Title Insurance Underwriter: Fidelity National Title Insurance Company Consideration: $1,900,000.00 Tax Assessed Value: $1,265,000.00 This instrument is exempt from the imposition of recordation taxes pursuant to § 58.1 -811(A)(3) of the Code of Virginia (1950), as amended and exempt from the imposition of fees pursuant to § 17.1-266 of the Code of Virginia (1950), as amended. THIS DEED, made and entered into this _____ day of _________________, 2024, by and between the ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantor, and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, as Grantee; WITNESSETH: In consideration of Ten Dollars ($10.00) cash in hand paid, and other good and valuable consideration, receipt of which is hereby acknowledged by the Grantor, the Grantor does hereby BARGAIN, SELL, GRANT and CONVEY, with General Warranty and Modern English Covenants of Title, unto the Grantee, the Board of Supervisors of Roanoke County, Virginia, all of that certain lot or parcel of land located in the County of Roanoke, Virginia, and more particularly described as follows: New Tract 1, containing 2.717 acres, as shown on the plat dated April 11, 1997, prepared by Lumsden Associates, P.C., Engineers-Surveyors-Planners, which plat is the combination of property of Old Heritage Corporation and property of 4818 Starkey Partnership, and creating thereon New Tract 1 (2.717 ac.) and New Tract E-3 (9.868 ac.), which plat is recorded in the Clerk’s Office of the Circuit Court of the County of Roanoke, Virginia, in Plat Book 19, page 172; and Being the same property conveyed to the Grantor by Deed from Delta Dental of Virginia, which was formerly known as and took title as Delta Dental Plan of 2 Virginia, Inc., dated May 17, 2024, and recorded in the aforesaid Clerk’s Office as Instrument No. 202403596. This conveyance is made subject to all restrictions, reservations, easements and conditions of record now affecting the property hereby conveyed. In compliance with the provisions of § 18.04 of the Roanoke County Charter, the Board of Supervisors of Roanoke County, Virginia approved the acquisition of the property subject to this Deed by Ordinance #__________________ adopted by the Board of Supervisors of Roanoke County, Virginia on September 10, 2024. WITNESS the following signatures and seals: GRANTOR: ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA By: (SEAL) Linwood P. Windley, Chairman STATE OF ____________________ CITY/COUNTY OF ________________, to-wit: The foregoing instrument was acknowledged before me this _____ day of ____________________, 2024, by Linwood P. Windley, Chairman of the Economic Development Authority of Roanoke County, Virginia on behalf of the Economic Development Authority of Roanoke County, Virginia. Notary Public Commission Expires: Registration Number: 3 GRANTEE: THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: _________________________________ Richard Caywood, County Administrator STATE OF ____________________ CITY/COUNTY OF ________________, to-wit: The foregoing instrument was acknowledged before me this _____ day of ____________________, 2024, by Richard Caywood, County Administrator for the County of Roanoke, Virginia. Notary Public Commission Expires: Registration Number: Approved as to form: _____________________ County Attorney Page 1 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 10, 2024 ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY CONTAINING APPROXIMATELY 2.71 ACRES LOCATED AT 4818 STARKEY ROAD, ROANOKE, VIRGINIA (ROANOKE COUNTY TAX MAP NUMBER 087.07-01-16.00-0000) WHEREAS, in order to enhance services for Roanoke County residents and to improve the work environment for Roanoke County employees, staff have identified a need for a new Department of Parks, Recreation, and Tourism office; and WHEREAS, staff have concluded that a certain p roperty, containing approximately 2.71 acres and an existing building, located at 4818 Starkey Road, would be the most appropriate property to purchase and relocate Roanoke County’s Department of Parks, Recreation, and Tourism office to; and WHEREAS, the Economic Development Authority of Roanoke County, Virginia is the owner of the property located at 4818 Starkey Road, bearing Roanoke County Tax Map Number 087.07-01-16.00-0000 and containing approximately 2.71 acres (“the Property”); and WHEREAS, the Economic Development Authority of Roanoke County, Virginia is willing to sell the Property to the Board of Supervisors of Roanoke County, Virginia; and WHEREAS, § 2.03 of the Roanoke County Charter provides that the County, upon a showing of public necessity, may acquire property within or without its boundaries for any of its facilities or functions; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia has determined that it is in the public interest and that a public necessity exists to acquire the Property; and Page 2 of 2 WHEREAS, § 18.04 of the Roanoke County Charter provides that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance to be held on August 20, 2024, and the second reading to be held on September 10, 2024; NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition of approximately 2.71 acres located at 4818 Starkey Road, Roanoke, Virginia (Roanoke County Tax Map Number 087.07-01- 16.00-0000) is hereby authorized and approved at the purchase price of $1,900,000.00. 2. That the County Administrator, Deputy County Administrator, or Assistant County Administrator are hereby authorized to execute such documents, including but not limited to the deed of conveyance (with any changes as approved by the County Attorney’s Office) and any other documents necessary to accomplish the acquisition and to take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. 3. That this ordinance is to be in full force and effect upon its passage. Page 1 of 2 ACTION NO. ITEM NO. E.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: Ordinance authorizing the reallocation of a portion of the proceeds of the County's 2022 lease financing with Virginia Resource Authority SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: First reading of an ordinance authorizing the reallocation of a portion of the proceeds of the County's 2022 lease financing with Virginia Resource Authority BACKGROUND: The County of Roanoke issued $13 million in bonds through the Virginia Resource Authority (VRA) as part of their 2022B Fall issuance. A portion of these proceeds, $4.775 million, are being used for the board approved project titled "Public Service Center Phase II" as described in Attachment A. When the County submitted the application to participate in the issuance, the description of the project was for "new construction of approximately 12,000 s.f. of office space, renovation to an existing 21,000 s.f. storage warehouse, and new construction of a 7,000 s.f. outdoor storage structure to relocate the Parks, Recreation, and Tourism administrative offices and north and east PRT shops. Significant site grading, sanitary sewer main relocation, and building sprinkler system are included in the project scope." DISCUSSION: Page 2 of 2 However, during the final phase of construction document development, a cost estimate was provided, showing a significant increase in the construction budget, which placed the project cost above the overall project budget. It was determined that the project budget could not be achieved without significantly reducing the scope by reprogramming spaces and redesigning the proposed facilities. As an alternative to a complete redesign, the Parks, Recreation & Tourism administration offices could be relocated to an existing building that would accommodate the previously developed space program, require fewer renovations, less site development, and significantly reduce new construction costs. A building has been identified which is appropriately sized and structurally sound. Although some interior renovations and building equipment replacement are required, the purchase price and projected renovation costs are less than constructing a new administration office facility. Parks operations will utilize the existing Hollins Road warehouse, and the adjacent field will be developed into a storage laydown yard. The VRA requires an amendment to the original description in order to use the bond proceeds set aside for this project to buy a building versus new construction as originally planned. The revised 2022 Financing Lease and the 2022 Tax document are attached with the updated description along with the required ordinance to approve the changes. FISCAL IMPACT: At this time, there is no fiscal impact as the project is estimated to stay within the already board approved budget. STAFF RECOMMENDATION: Staff recommends approval of the first reading of the ordinance and scheduling the second reading for September 10, 2024. ! "#$%&'#()*+**()*+*, ()*+*- ()*+*. ()*+*/ ()*+*0 ()*+*1 ()*+*2 ()*+,+ ()*+,3 ()*+,*A "%456()*:;<=>9?@A:B9C:DE FE 3*G12.G+++ H EEI KLJ MI .++G+++ J I .+G+++ D HI 3G,-.G+++ O PJDI EEI 33G+++G+++ H EEI RSTUSVW9R>A@C DE FE 3*G12.G+++ H EEI @>;:USVZ[Y;A:C !P\ !P\ !P\ !P\ !P\ !P\ !P\;>] a d J eHDI fgLNa a h ae=>9?@A:WR[[;>]i!Mj h M jjJ kM j J MPJ JJDEgk J JJM JM OJMJ k M kMMJ fd elfdemJDK J JM j Mg oDDgjJJk JMM hgD oDgHIk J jJM !MhloDgHIm JfJk J hlogmg!MJkM Attachment A !"#$%&'()*%&(+(,-()./&%$%-01&2,-%,"(3456789:;<9=:6>?;>7@A@BCD=;>E>:A;>7@F JI KLMHH NO RISKTM UO HUP OWH HJM O OOPH HU X O OJ H H H O Y GH Z HUIHHO M [ OH OHH \ X] PH OM OO ] OH OM HO H HJPH OP6A;>@abc?A:;=FHIOMO MHHH HJPef O OHU IOOH OP>;i5_A@=j57_>:>9=jA@Bk9aA_`l_>aA;>7@=F H O O OOO JZP56789:;n>ai_>q>_9=;7@9=FrGHIO O O OOKTrGH OIIH OH O OR OrKL O rKT V OWOPr O R Hg7ccD@>;pu;6A;9a>:5_A@ 185020769_4.docx CERTIFICATE OF CLERK The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that: 1. A regular meeting (the "Meeting") of the Board of Supervisors of the County of Roanoke, Virginia (the "Board"), was held on __________, 2024, at which the following members were present and absent: PRESENT: ABSENT: 2. An Ordinance entitled "ORDINANCE AUTHORIZING THE REALLOCATION OF A PORTION OF THE PROCEEDS OF THE COUNTY'S 2022 LEASE FINANCING WITH VIRGINIA RESOURCES AUTHORITY" was duly adopted at the Meeting by the recorded affirmative roll-call vote of a majority of all of the members elected to the Board, the ayes and nays being recorded in the minutes of the Meeting as shown below: MEMBER VOTE 3. Attached hereto is a true and correct copy of the foregoing ordinance as recorded in full in the minutes of the Meeting. 4. The attached ordinance has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the County of Roanoke, Virginia, this ___ day of __________, 2024. ___________________________________ Clerk of the Board of Supervisors of the County of Roanoke, Virginia [SEAL] -1- ORDINANCE AUTHORIZING THE REALLOCATION OF A PORTION OF THE PROCEEDS OF THE COUNTY'S 2022 LEASE FINANCING WITH VIRGINIA RESOURCES AUTHORITY WHEREAS, by Ordinance 091322-4 adopted on September 13, 2022 (the "Series 2022 Ordinance"), the County of Roanoke, Virginia (the "County") authorized a lease-leaseback transaction with Virginia Resources Authority ("VRA") whereby the County would finance, among other things, certain costs associated with the site work, construction, equipping and renovation of office space, a storage warehous e and outdoor storage structures to relocate the County's Parks, Recreation and Tourism administrative offices and shops (the "Parks Building Construction Project"); WHEREAS, to evidence the financing of the Parks Building Construction Project, the County and VRA entered into a Prime Lease dated as of September 16, 2022 (the "Prime Lease") and the Local Lease Acquisition Agreement and Financing Lease dated as of September 16, 2022 (the "Financing Lease" and together with the Prime Lease, the "Leases"); WHEREAS, the County has determined to acquire and renovate an approximately 12,400 square foot office building, renovate an approximately 23,000 square foot storage warehouse, undertake mass grading for a new storage yard with perimeter fencing, and construct an approximately 7,000 square foot outdoor storage structure all for relocating the County's Parks, Recreation, and Tourism administrative offices and north and east PRT shops (the "New Project") instead of constructing each of the new buildings for the Parks Building Construction Project contemplated by the Series 2022 Ordinance; WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the "Board") desires to authorize the expenditure of a portion of the proceeds of the Financing Lease, including interest earnings thereon, on the New Project; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Use of Financing Lease Proceeds and Ratification. The Board hereby approves of the use of up to $4,775,000 of the proceeds of the Financing Lease, including interest earnings thereon, to pay the costs of the New Project instead of the Parks Building Construction Project. The Board hereby ratifies and reaffirms the Series 2022 Ordinance, except as it has been supplemented by this Ordinance. 2. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the authorizations granted in this Ordinance provided that those actions are otherwise in furtherance of this Ordinance and any such action previously taken is hereby ratified and confirmed, including without limitation amendments or supplements to the Leases and any tax documents delivered in connection with the Leases. -2- 3. Effective Date. This Ordinance shall take effect immediately. Prepared by: Arthur E. Anderson II McGuireWoods LLP Gateway Plaza 800 East Canal Street Richmond, Virginia 23219 Tax Map ID: 039.05-02-04.00-0000; 7110105 191825439_3 AMENDMENT TO LOCAL LEASE ACQUISITION AGREEMENT AND FINANCING LEASE between VIRGINIA RESOURCES AUTHORITY and COUNTY OF ROANOKE, VIRGINIA Dated as of August __, 2024 Virginia Resources Authority Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program) Series 2022B THIS AGREEMENT IS EXEMPT FROM RECORDING TAXES UNDER SECTIONS 58.1-811(A)(3) AND 17.1-266 OF THE CODE OF VIRGINIA OF 1950, AS AMENDED. -i- TABLE OF CONTENTS Page ARTICLE I DEFINITIONS Section 1.1 Capitalized Terms ............................................................................................ 2 Section 1.2 Definitions........................................................................................................ 2 ARTICLE II AMENDMENTS Section 2.1 Amendment Authorization............................................................................... 2 Section 2.2 Amendment to Original Project Budget .......................................................... 2 Section 2.3 Conditions Precedent to Effectiveness of Amendments .................................. 2 ARTICLE III MISCELLANEOUS Section 3.1 Ratification of the Financing Lease ................................................................. 3 Section 3.2 Successors and Assigns.................................................................................... 3 Section 3.3 Amendments .................................................................................................... 3 Section 3.4 Applicable Law ................................................................................................ 3 Section 3.5 Severability ...................................................................................................... 3 Section 3.6 Headings .......................................................................................................... 4 Section 3.7 Counterparts ..................................................................................................... 4 Exhibit A Amended Project Budget AMENDMENT TO LOCAL LEASE ACQUISITION AGREEMENT AND FINANCING LEASE THIS AMENDMENT TO LOCAL LEASE ACQUISITION AGREEMENT AND FINANCING LEASE (this "Amendment") is dated as of August __, 2024, and is between the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political subdivision of the Commonwealth of Virginia ("VRA"), as Lessor, and the COUNTY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "Local Government"), as Lessee. A. Pursuant to a Prime Lease dated as of September 16, 2022 (the "Prime Lease"), between VRA, as lessee, and the Local Government, as lessor, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia (the "Clerk's Office"), as Instrument No. 202211685, VRA acquired from the Local Government a leasehold interest in certain real property and improvements as described on Exhibit A attached to the Prime Lease (the "2022 Real Estate"). B. Pursuant to a Local Lease Acquisition Agreement and Financing Lease dated as of September 16, 2022 (the "Financing Lease"), between VRA, as lessor, and the Local Government, as lessee, and recorded in the Clerk's Office as Instrument No. 202211686, VRA leased the 2022 Real Estate to the Local Government. C. VRA acquired the Financing Lease with proceeds of its Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program), Series 2022B (the "2022B VRA Bonds"), and as security for the 2022B VRA Bonds, VRA entered into a Leasehold Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of September 16, 2022 (the "Deed of Trust"), for the benefit of the trustees under the Deed of Trust. D. The Local Government has requested VRA to agree to certain amendments to the Project as described in Exhibit B of the Financing Lease (the "Original Project") and to the Project Budget as set forth in Schedule 1.1 to the Financing Lease (the "Original Project Budget") as set forth in Exhibits A and B, respectively, attached to this Amendment. E. VRA has agreed to make the amendments requested on the terms and conditions set forth in this Amendment. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, VRA and the Local Government covenant and agree as follows: -2- ARTICLE I DEFINITIONS Section 1.1 Capitalized Terms. Each capitalized term used in this Amendment that is not defined herein has the meaning given to it in the Financing Lease, unless context requires otherwise. Section 1.2 Definitions. For purposes of this Amendment, each capitalized term set forth below has the following meaning, unless context requires otherwise: "Amendment" means this Amendment to Local Lease Acquisition Agreement and Financing Lease dated as of August __, 2024, between VRA and the Local Government, as modified, altered, amended or supplemented from time to time. "Financing Lease" has the meaning set forth in the Recitals. "Local Government" has the meaning set forth in the Recitals. "Local Lease Documents" means the Financing Lease, the Prime Lease, the Deed of Trust and the Local Tax Document. "Local Tax Document" means the Nonarbitrage Certificate and Tax Compliance Agreement, dated November 16, 2022, between the Local Government and VRA. "Prime Lease" has the meaning set forth in the Recitals. "2022B VRA Bonds" has the meaning set forth in the Recitals. "VRA" has the meaning set forth in the Recitals. ARTICLE II AMENDMENTS Section 2.1 Amendment Authorization. This Amendment is authorized and entered into pursuant to and in accordance with Section 11.3 of the Financing Lease. Section 2.2 Amendment to Original Project and Original Project Budget. (a) The description of the Original Project as set forth in Exhibit B of the Financing Lease is hereby amended to provide as set forth in Exhibit A to this Amendment. (b) The Original Project Budget is hereby amended to provide as set forth in Exhibit A to this Amendment. -3- Section 2.3 Conditions Precedent to Effectiveness of Amendments. The amendments to be made by this Amendment shall not be effective unless and until VRA has received the following in form and substance satisfactory to VRA: (a) A certified copy of an ordinance of the governing body of the Local Government approving this Amendment; (b) An executed counterpart of this Amendment; (c) An executed counterpart of the Amendment to Nonarbitrage Certificate and Tax Compliance Agreement dated as of August ___, 2024 (the "Tax Amendment"), by and between VRA and the Local Government; (d) An opinion of McGuireWoods LLP, bond counsel to the Local Government, regarding the authorization and enforceability of the Amendment and the Tax Amendment and the private activity bond status of the Financing Lease; and (e) An opinion of McGuireWoods LLP, bond counsel to VRA to the effect that the implementation of the Amendment and the Tax Amendment will have no adverse effect on the exclusion of interest on the 2022B VRA Bonds from gross income for federal income tax purposes, and will not cause interest on the 2022B VRA Bonds to become a specific item of tax preference for purposes of the federal alternative minimum tax. ARTICLE III MISCELLANEOUS Section 3.1 Ratification of the Financing Lease. The Local Government and VRA hereby acknowledge and agree that except as amended and supplemented by this Amendment, the Financing Lease is hereby ratified and confirmed and continues in full force in effect in accordance with its terms. The Local Government and VRA hereby acknowledge and agree that for purposes of interpreting the Financing Lease and other related documents in which the Financing Lease is referenced, including the Local Lease Documents, a reference to the Financing Lease is sufficient to refer to the Financing Lease as amended by this Amendment and no specific reference to this Amendment is necessary. Section 3.2 Successors and Assigns. This Amendment shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 3.3 Amendments. Any amendment to this Amendment must be in writing and shall be signed by or on behalf of VRA and the Local Government. Section 3.4 Applicable Law. This Amendment shall be governed by the laws of the Commonwealth of Virginia. Section 3.5 Severability. If any clause, provision or section of this Amendment shall be held illegal or invalid by any court, the illegality or invalidity of such clause, provision or section shall not affect the remainder of this Amendment, which shall be construed and -4- enforced as if such illegal or invalid clause, provision or section had not been contained in this Amendment. If any agreement or obligation contained in this Amendment is held to be in violation of law, then such agreement or obligation shall be deemed to be the agreement or obligation of VRA and the Local Government, as the case may be, only to the extent permitted by law. Section 3.6 Headings. The headings of the several articles and sections of this Amendment are inserted for convenience only and do not comprise a part of this Amendment. Section 3.7 Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. [Signature Page Follows] [Signature Page of Amendment to Financing Lease for County of Roanoke] WITNESS the following signatures, all duly authorized. VIRGINIA RESOURCES AUTHORITY By:______________________________________ [SEAL] Shawn B. Crumlish, Executive Director COMMONWEALTH OF VIRGINIA ) ) to-wit: CITY OF RICHMOND, VIRGINIA ) The foregoing instrument was acknowledged before me in the jurisdiction aforesaid, this ___ day of August, 2024, by Shawn B. Crumlish, as Executive Director of Virginia Resources Authority on behalf thereof. _______________________________________ Notary Public [SEAL] My commission number: ________________ My commission expires: ________________ [Signature Page of Amendment to Financing Lease for County of Roanoke] Address for Notices: [____________] [____________] Attn: County Administrator COUNTY OF ROANOKE, VIRGINIA By:_________________________________ Name: ______________________________ Title: _______________________________ [SEAL] ATTEST: ___________________________________ Clerk, Board of Supervisors COMMONWEALTH OF VIRGINIA ) ) COUNTY OF ROANOKE ) to-wit: The foregoing instrument was acknowledged before me in the County of Roanoke, Virginia, this ___ day of August, 2024, by ______________, as the Clerk of the Board of Supervisors of the County of Roanoke, Virginia, on behalf thereof. _______________________________________ Notary Public [SEAL] My commission number: ___________________ My commission expires: ____________________ COMMONWEALTH OF VIRGINIA ) ) COUNTY OF ROANOKE ) to-wit: The foregoing instrument was acknowledged before me in the County of Roanoke, Virginia, this ___ day of August, 2024, by ______________, as the Clerk of the Board of Supervisors of the County of Roanoke, Virginia, on behalf thereof. _______________________________________ Notary Public [SEAL] My commission number: ___________________ My commission expires: ____________________ [Signature Page of Amendment to Financing Lease for County of Roanoke] The Trustee, by the execution hereof, accepts the duties imposed on it by this Agreement. U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee By:___________________________________ Monique Green, Vice President COMMONWEALTH OF VIRGINIA ) ) to-wit: CITY OF RICHMOND ) The foregoing instrument was acknowledged before me this ___ day of August, 2024 by Monique Green, as the Vice President of U.S. Bank Trust Company, National Association, on behalf thereof. [SEAL] ___________________________________ Notary Public My commission number: _______ My commission expires: _______ EXHIBIT A AMENDED PROJECT DESCRIPTION The Project consists of financing all or a portion of the costs (or to reimburse the Local Government for payment of such costs) of various capital improvements, including (i) the acquisition of land for and the construction and equipping of a new fire station to be located on Mexico Way, Roanoke Virginia 24012; (ii) the acquisition and renovation an approximately 12,400 square foot office building, the renovation of an approximately 23,000 square foot storage warehouse, the undertaking of mass grading for a new storage yard with perimeter fencing, and the construction of an approximately 7,000 square foot outdoor storage structure all for relocating the Local Government's Parks, Recreation, and Tourism administrative offices and north and east PRT shops; and (iii) the construction and reconstruction of a portion of the Local Government's roads, the installation of a telecommunications line and related infrastructure and capital improvements at the County's Explore Park, together with related costs of issuance. EXHIBIT B AMENDED PROJECT BUDGET Sources Par Amount $12,660,000.00 Net Premium (Discount) 812,376.10 Estimated Equity Contribution* 6,135,000.00 Acquisition Fund Earnings through July 31, 2024 518,846.57 Estimated Earnings** 558,816.15 Total Sources $20,685,038.82 Uses Bonsack Fire Station Construction $10,325,000.00 Public Service Center Phase II 7,375,000.00 Explore Park Improvements - Phase II 1,395,000.00 Capitalized Interest 292,548.44 Local Costs of Issuance 30,000.00 VRA Costs of Issuance 88,419.73 Underwriter's Discount 70,648.44 CRF Equity Contribution 16,625.82 Additional Proceeds / Contingency 1,091,796.39 Total Uses $20,685,038.82 * $1,000,000 equity contribution is expected to be allocated to the Bonsack Fire Station and $100,000 to the Public Service Center 191836347_3 VIRGINIA RESOURCES AUTHORITY VIRGINIA POOLED FINANCING PROGRAM AMENDMENT TO NONARBITRAGE CERTIFICATE AND TAX COMPLIANCE AGREEMENT This AMENDMENT TO NONARBITRAGE CERTIFICATE AND TAX COMPLIANCE AGREEMENT is made as of August __, 2024 (this "Amendment"), by and between the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political subdivision of the Commonwealth of Virginia ("VRA"), and the COUNTY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "Local Government"). RECITALS A. VRA and the Local Government have determined to make certain amendments to the Nonarbitrage Certificate and Tax Compliance Agreement dated November 16, 2022 (the "Tax Agreement"), between VRA and the Local Government. B. The Tax Agreement has been incorporated by reference into the Local Lease Acquisition Agreement and Financing Lease dated as of September 16, 2022 (the "Financing Lease"), between VRA and the Local Government, as provided in Section 9.l of the Financing Lease. C. Section 11.3 of the Financing Lease provides that any amendment of the terms and conditions thereof must be in writing and signed by or on behalf of VRA and the Local Government. D. Section 5.2 of the Tax Agreement in effect allows amendments to any provision thereof requiring action or forbearance by the Local Government if there is provided to VRA an an opinion of nationally-recognized bond counsel to the effect that such amendments will have no adverse effect on the exclusion from gross income of the interest on the 2022B VRA Bonds under Section 103 of the Code or cause such interest to become a Specific Tax Preference Item. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Amendment certify, represent, warrant and agree with one another and with the Trustee for the benefit of the owners of the 2022B VRA Bonds as follows: Section 1. Definitions. (a) Unless otherwise defined, each capitalized term used in this Amendment shall have the meaning set forth in the Tax Agreement, as amended. (b) The term "Financing Lease" as used in the Tax Agreement and this Amendment is hereby deemed to refer to the Local Lease Acquisition Agreement and Financing Lease as amended by the Amendment to Local Lease Acquisition Agreement and Financing Lease dated as of August ___, 2024, between VRA and the Local Government. Section 2. Amendment of Exhibits. Exhibits A and B to the Tax Agreement are hereby deleted and Exhibits A and B to this Amendment are substituted therefor. Section 3. Ratification of Original Tax Agreement. Other than as specifically amended hereunder, the Local Government acknowledges that its representations, warranties and covenants under the Tax Agreement remain in full force and effect. Section 4. Reliance. It is understood by the Local Government that the certifications, representations, warranties and agreements contained in this Amendment will be relied upon by bond counsel to VRA, in rendering the opinion required under Section 5.2 of the Tax Agreement for the effectiveness of this Amendment. Such reliance for such purpose is authorized. Section 5. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. [SIGNATURE PAGE FOLLOWS] S-1 WITNESS the following signatures, all duly authorized. VIRGINIA RESOURCES AUTHORITY By: Shawn B. Crumlish, Executive Director COUNTY OF ROANOKE, VIRGINIA By: Name: Title: [SIGNATURE PAGE OF AMENDMENT TO NONARBITRAGE CERTIFICATE AND TAX COMPLIANCE AGREEMENT] EXHIBIT A AMENDED DESCRIPTION OF PROJECT The Project consists of financing all or a portion of the costs (or to reimburse the Local Government for payment of such costs) of various capital improvements, including (i) the acquisition of land for and the construction and equipping of a new fire station to be located on Mexico Way, Roanoke Virginia 24012; (ii) the acquisition and renovation an approximately 12,400 square foot office building, the renovation of an approximately 23,000 square foot storage warehouse, the undertaking of mass grading for a new storage yard with perimeter fencing, and the construction of an approximately 7,000 square foot outdoor storage structure all for relocating the Local Government's Parks, Recreation, and Tourism administrative offices and north and east PRT shops; and (iii) the construction and reconstruction of a portion of the Local Government's roads, the installation of a telecommunications line and related infrastructure and capital improvements at the County's Explore Park, together with related costs of issuance. EXHIBIT B AMENDED SOURCES AND USES SCHEDULE Roanoke County Sources and Uses of Funds Page 1 of 2 ACTION NO. ITEM NO. E.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: Ordinance approving the execution of a lease agreement with .com Properties, IV, LLC for forty (40) parking spaces located at 200 East Calhoun Street, Salem, Virginia SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: Roanoke County currently leases forty (40) parking spaces from .com Properties IV, LLC to serve Roanoke County Department of Social Services' staff and clients near the County-owned Department of Social Services building. The current lease with .com Properties IV, LLC is set to expire on August 31, 2024 and needs to be renewed. BACKGROUND: The Roanoke County Department of Social Services (“DSS”) employs more than 100 employees and provides services to the citizens of Roanoke County, the Town of Vinton, and the City of Salem. DSS is located in a building located at 220 East Main Street in Salem, Virginia. The County owns property with parking spaces adjacent to the DSS building, but such property is insufficient to meet the parking needs of all DSS staff and clients. There is an adjacent parking lot located at 200 East Calhoun Street with forty (40) parking spaces owned by .com Properties IV, LLC that the County has leased for parking for DSS employees since 2001. DISCUSSION: County staff have discussed terms of a new lease agreement with representatives of .com Properties IV, LLC for the continued lease of the forty (40) parking spaces at 200 Page 2 of 2 East Calhoun Street in Salem, Virginia. Representatives of .com Properties IV, LLC request rent in the amount of $2,350.00 per month for a consecutive term of thirty six (36) months. Roanoke County would remain responsible for all maintenance, snow removal, sealing and patching of the forty (40) parking spaces. The owner (.com Properties IV, LLC) would remain responsible for the payment of real estate taxes on the property. FISCAL IMPACT: The rental fee to lease the parking lot is $2,350.00 per month plus maintenance expenses. Portions of the base rental fee are reimbursable by the Commonwealth of Virginia for Department of Social Services purposes. STAFF RECOMMENDATION: Staff recommends that this ordinance be approved on an emergency basis, and that the second reading be dispensed with upon an affirmative vote of 4/5ths of the members of the Board, as this is an emergency measure due to the expiration of the current lease with .com Properties IV, LLC on August 31, 2024. 1 SECOND LEASE AGREEMENT WHEREAS, .com Properties, IV, LLC, (“.com”) is the owner of certain real estate in Salem, Virginia, including commercial parking spaces located behind a building owned by the Board of Supervisors of Roanoke County, Virginia for its Department of Social Services (“County”); and WHEREAS, .com purchased commercial property previously owned by Union Bank & Trust and assumed the existing lease between Union Bank and Roanoke County for such parking spaces; and WHEREAS, Roanoke County Department of Social Services (“DSS”) has offices near .com’s commercial property in Salem, Virginia and needs access to additional parking spaces for its employees; and WHEREAS, the County and .com have an existing lease agreement for the County to continue leasing parking spaces for .com for use by County employees, however said agreement is set to expire on August 31, 2024, and WHEREAS, the County and .com have reached an agreement for the County to continue leasing parking spaces from .com for use by County employees, and the parties have agreed to the following terms of this Second Lease Agreement: W I T N E S S E T H: This SECOND LEASE AGREEMENT, made and entered into the 31st day of August, 2024, by and between .COM PROPERTIES, IV, LLC, Grantor, hereinafter referred to as “Landlord,” and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, its successors or assigns, Grantee, hereinafter referred to as “Tenant.” That for and in consideration of the premises and the mutual covenants contained herein, the parties agree as follows: 1. Leased Premises. The Landlord hereby rents and leases to the Tenant, in accordance with the terms and conditions set forth in this Second Lease Agreement, the following real property, herein referred to as the “Premises,” to-wit: A portion of that tract or parcel of real estate containing forty (40) parking spaces of a parking lot located at 200 E. Calhoun Street, Salem, Virginia, bounded by Calhoun Street and Colorado Street, said parcel designated as City of Salem Tax Map #106-13-9 (attached as Exhibit “A”). 2. Term of Lease. This Second Lease Agreement shall be for a period of thirty-six (36) months, said term to commence on September 1, 2024, and continue 2 through August 31, 2027. Either party may terminate this lease by providing six (6) months written notice to the other party. 3. Rental. The Tenant shall pay as rent the sum of Two Thousand Three Hundred and Fifty Dollars ($2,350.00) per month during the term of this Second Lease Agreement. Rent shall be payable each month in advance by Tenant to Landlord at the address designated herein, or by electronic transfer of funds, without demand therefor. The Tenant’s obligation to pay is subject to annual appropriations being made for such purpose by the governing body of the County of Roanoke. 4. Taxes. During the term of this Second Lease Agreement, Landlord shall remain responsible for the payment of taxes imposed on the Premises. 5. Use and Possession. It is understood and agreed by the parties that the Premises are to be used, during the term of this lease, for the purpose of parking or storing motor vehicles, and may include the construction of certain improvements by the Tenant for any related purposes. Any structures or other improvements placed upon the property by the Tenants shall remain the property of the Tenant and may be removed at any time prior to the expiration of this Second Lease Agreement, but such removal shall not be deemed an abandonment or waiver of Tenant’s rights under this Second Lease Agreement. Tenant agrees not to install underground storage facilities for petroleum products on the property. Tenant is responsible for all necessary maintenance of the property, including snow removal, sealing and patching.. 6. Condition. The Tenant has examined and knows the condition of the Premises and accepts same in its current condition. Tenant acknowledges that no representation as to the condition or repair of the Premises thereof has been made by the Landlord, except as provided for herein. The Premises shall be returned to the Landlord at the expiration of this lease in its current condition and state of repair, with allowance for ordinary wear and tear. 7. Liabilities. During the term of this Lease, Tenant will provide and pay for all utilities which may be necessary to Tenant for the reasonable and proper use and enjoyment of the demised premises by the Tenant. Landlord agrees to grant such approvals to the utility companies as may be necessary for the installation of utility services. 8. Insurance. Tenant covenants that it shall, during the term of this lease, keep in full force and effect a policy of general liability insurance or such 3 comparable self-insurance as may be authorized by the laws of the Commonwealth of Virginia with limits of at least $1,000,000.00 for personal injury to or death of any one person and $2,000,000.00 for injury to or death of more than one person in any one occurrence and $100,000.00 for property damage. 9. Landlord Covenants. Landlord covenants and represents that it has the full and complete ownership of the leased Premises; that it has the full power and right to execute this lease and to perform the obligations hereunder; that no private restrictions exist with respect to the said premises or the use thereof; that no one, exclusive of the Landlord and Tenant and their respective successors in interest, has any interest in or claim against the leased premises; and that the proposed use of the leased premises by the Tenant is lawful and permissible under all laws and regulations. 10. Notices. All written notices required or permitted by this Second Lease Agreement may be delivered in person or shall be sent by certified mail, return receipt requested (postage prepaid) to the Landlord or Tenant at the following addresses: Landlord: Richard C. Bishop .com Properties, IV, LLC 1401 Coulter Drive, NW Roanoke, VA 24012 Tenant: Board of Supervisors of Roanoke County Attn: Ashley King, Director Department of General Services 5235 Hollins Road Roanoke, VA 24019 11. Agent. Landlord acknowledges that no real estate agent was involved in this transaction and agrees to indemnify and hold Tenant harmless from any claim for a commission by reason of any action on Landlord’s part. 12. Modification. This Second Lease Agreement represents the entire understanding between the parties and may not be modified or changed except by written instrument executed by the parties. 13. Governing Law. This Second Lease Agreement shall be construed pursuant to the laws of the Commonwealth of Virginia and shall be binding upon the parties hereto, their heirs, personal representatives, successors and assigns. 14. Authority. This Second Lease Agreement is executed by the County Administrator, Deputy County Administrator, or Assistant County Administrator of 4 Roanoke County by the authority and on behalf of the Board of Supervisors of Roanoke County, Virginia, pursuant to Ordinance #__________ adopted by the Board of Supervisors of Roanoke County, Virginia on August 20, 2024. 15. Indemnification. Landlord shall indemnify Tenant and hold Tenant harmless from and against any and all claims, actions, damages, liability and expense (including without limitation, attorneys fees, investigators and experts) in connection with the loss of life, personal injury or damage to property caused to any person in or about the Premises or occasioned wholly or in part by any act or omission of Landlord, its agents, contractors, employees, licensees or invitees; unless such loss, injury or damage was caused solely by the negligence of Tenant, its agents, employees, licensees or invitees. Tenant agrees that it maintains liability and other applicable insurance policies for any covered acts that may result from negligent acts or omissions of Tenant’s employees, agents, invitees, and assigns. 16. Execution. This Second Lease Agreement may be executed in duplicate, each of which shall constitute an original. WITNESS the following signatures and seals: 5 BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: ________________________________ Name: _____________________________ Title: ______________________________ Approved as to form: ________________________ County Attorney Commonwealth of Virginia, County of Roanoke, to-wit: The foregoing instrument was acknowledged before me this ______ day of _________________________, 2024, by ___________________________, on behalf of the Board of Supervisors of Roanoke County, Virginia, Tenant. ______________________________________ Notary Public My commission expires: __________________ 6 .COM PROPERTIES, IV, LLC By: ________________________________ Name: _____________________________ Title: ______________________________ Commonwealth of Virginia, City/County of ___________, to-wit: The foregoing instrument was acknowledged before me this ______ day of _____________________________, 2024, by ___________________________, on behalf of .com Properties, IV, LLC, Landlord. ______________________________________ Notary Public My commission expires: __________________ Page 1 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 20, 2024 EMERGENCY ORDINANCE APPROVING THE EXECUTION OF A LEASE AGREEMENT WITH .COM PROPERTIES IV, LLC FOR FORTY (40) PARKING SPACES LOCATED AT 200 EAST CALHOUN STREET, SALEM, VIRGINIA WHEREAS, the Roanoke County Department of Social Services (“DSS”) employs more than 100 employees and provides services to the citizens of Roanoke County, the Town of Vinton, and the City of Salem; and WHEREAS, DSS is located in a building located at 220 East Main Street in Salem, Virginia; and WHEREAS, Roanoke County owns property with parking spaces adjacent to the DSS building, but such property is insufficient to meet the parking needs of all DSS staff and clients; and WHEREAS, there is an adjacent parking lot located at 200 East Calhoun Street with forty (40) parking spaces owned by .com Properties IV, LLC that the County has leased for parking for DSS employees and clients since 2001; and WHEREAS, the current lease with .com Properties IV, LLC is set to expire on August 31, 2024 and needs to be renewed; and WHEREAS, in order to maintain parking spaces for DSS employees and clients, Roanoke County staff have discussed terms of a new lease agreement with representatives of .com Properties IV, LLC for the continued lease of the forty (40) parking spaces at 200 East Calhoun Street in Salem, Virginia; and Page 2 of 2 WHEREAS, the Board of Supervisors of Roanoke County, Virginia has determined that it is in the public interest and that a public necessity exists to lease the forty (40) parking spaces at 200 East Calhoun Street in Salem, Virginia ; and WHEREAS, § 18.04 of the Roanoke County Charter provides that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on August 20, 2024, and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of the members of the Board, this being deemed to be an emergency measure pursuant to § 18.04 of the Roanoke County Charter. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the execution of a Second Lease Agreement with .com Properties IV, LLC for forty (40) parking spaces located at 200 East Calhoun Street, Salem, Virginia is hereby authorized and approved. 2. That the County Administrator, Deputy County Administrator, or Assistant County Administrator are hereby authorized to execute such documents, including but not limited to the Second Lease Agreement (with any changes as approved by the County Attorney’s Office) and any other documents necessary to accomplish this ordinance and to take such actions on behalf of Roanoke County in this matter as are necessary to accomplish this ordinance, all of which shall be approved as to form by the County Attorney. 3. That this ordinance is to be in full force and effect upon its passage. Page 1 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: August 20, 2024 AGENDA ITEM: The petition of Joel Calfee to obtain a special use permit to operate a short-term rental on approximately 0.2599 acre of land zoned R-1, Low Density Residential District, located at 1176 Nover Avenue, Hollins 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 August 6, 2024. No citizens spoke during the public hearing. The Planning Commission discussed: that the short-term rental use has been operating since September 2023; the applicant's Page 2 of 3 preference for short-term rental use versus long-term rental use; the applicant operates several short-term rentals in the Roanoke area; the applicant's house rules; neighbors have the applicant's contact information; applicant uses both VRBO and Airbnb platforms; the maximum number of guests is six (6); the property is adjacent to commercial property fronting Peters Creek Road; surrounding zoning and uses; and future land use designation. The Planning Commission recommends approval of the special use permit for a short - term rental with the following conditions: 1. The short-term rental shall be limited to the finished area of the existing residential dwelling (approximately 1,400 square feet). 2. The number of overnight guests shall not exceed six (6) people. 3. One (1) off-street parking space shall be provided for each guestroom in addition to parking spaces required for the principal dwelling. All parking shall be provided on-site and shall be located in driveways and other designated approved parking areas. 4. The property owner shall provide and maintain in good working order every smoke detector, carbon monoxide detector, and fire extinguisher required by law. Exits required by law shall not be obstructed. 5. The property must maintain a residential appearance. No signage shall be allowed with the short-term rental use. 6. No events such as parties, banquets, weddings, receptions, meetings, or similar events shall be allowed with the short-term rental use. 7. A business license shall be obtained from the Commissioner of Revenue for the short-term rental 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 for a special use permit to operate a short -term rental on approximately 0.2599 acre on property zoned R-1, Low Density Residential District, with the following conditions: 1. The short-term rental shall be limited to the finished area of the existing residential dwelling (approximately 1,400 square feet). 2. The number of overnight guests shall not exceed six (6) people. 3. One (1) off-street parking space shall be provided for each guestroom in addition to parking spaces required for the principal dwelling. All parking shall be Page 3 of 3 provided on-site and shall be located in driveways and other designated approved parking areas. 4. The property owner shall provide and maintain in good working order every smoke detector, carbon monoxide detector, and fire extinguisher required by law. Exits required by law shall not be obstructed. 5. The property must maintain a residential appearance. No signage shall be allowed with the short-term rental use. 6. No events such as parties, banquets, weddings, receptions, meetings, or similar events shall be allowed with the short-term rental use. 7. A business license shall be obtained from the Commissioner of Revenue for the short-term rental use. STAFF REPORT Petitioner: Joel Calfee Request: To obtain a special use permit to operate a short-term rental on approximately 0.2599 acre of land zoned R-1, Low Density Residential District Tax Parcel: #027.13-03-02.00-0000 dwelling (approximately 1,400 square feet). 2. The number of overnight guests shall not exceed six (6) people. 3. One (1) off-street parking space shall be provided for each guestroom in addition to parking spaces required for the principal dwelling. All parking shall be provided on-site and shall be located in driveways and other designated approved parking areas. 4. The property owner shall provide and maintain in good working order every smoke detector, carbon monoxide detector, and fire extinguisher required by law. Exits required by law shall not be obstructed. 5. The property must maintain a residential appearance. No signage shall be allowed with the short-term rental use. 6. No events such as parties, banquets, weddings, receptions, meetings, or similar events shall be allowed with the short-term rental use. 7. A business license shall be obtained from the Commissioner of Revenue for the short-term rental use. EXECUTIVE SUMMARY: Joel Calfee is petitioning to obtain a special use permit to operate a short-term rental on approximately 0.2599 acre of land zoned R-1, Low Density Residential District, located at 1176 Nover Avenue in the Hollins Magisterial District. The short-term rental is proposed for the finished area of the existing residential 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. 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 2. ANALYSIS OF EXISTING CONDITIONS Background – The existing site is comprised of approximately 0.2599 acre and contains a single-family residence. The Roanoke County assessment records have estimated that this residence was built in 1955. The applicant purchased the property in March 2023. The property has been used as a short-term rental since August/September of 2023. An informational letter was sent to the applicant in December 2023 for a different property that they owned that was being used as a short-term rental. After receipt of this letter, they reached out to staff to obtain a zoning permit for this other property. Staff became aware of the second short-term rental owned by the applicant located at 1176 Nover Avenue shortly afterwards and contacted the owner in January 2024 to inform them of the need for a special use permit to operate a short-term rental at this location. Staff had a pre-application meeting with the applicant in February 2024. The applicant submitted a completed application in May 2024. After submitting, the applicant postponed the hearing until August 2024. The owner has continued to operate the short-term rental during this time. The home has three (3) bedrooms and two (2) full baths. deciduous trees near the center. The back of the home is lined with several bushes of various sizes. The back yard is flat and grassy and has several deciduous trees and large bushes scattered along the fence line. District. The area to the south of the parcel is zoned C-1, Low Intensity Commercial District and C-2, High Intensity Commercial District. The area to the east is zoned C-2 and R-1. The area to the north and west primarily contains single family residences. The area to the south and east has several different commercial businesses and offices that front on Peters Creek Road. Community Outreach – Approximately 17 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. Staff has not received any comments from citizens 3.ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture – There are no proposed changes to the site. The finished area of the home is approximately 1,400 square feet and has a living room, a kitchen, a sunroom, a dining room, three (3) bedrooms, and two (2) full bathrooms. serves as the property’s entrance from Nover Avenue. The driveway can serve up to four (4) vehicles. There is no parking permitted on the street. Agencies Comments Fire and Rescue – Fire and Rescue does not object to this project and it would not increase the services we provide. Fire flow and access requirements will be addressed during the site plan review process. General Services – I have reviewed this request and do not see any issues, nor do I have comments, for General Services. 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 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 5. STAFF CONCLUSIONS Joel Calfee is petitioning to obtain a special use permit to operate a short-term rental on approximately 0.2599 acre of property zoned R-1, Low Density Residential District, located at 1176 Nover Ave in the Hollins Magisterial District. The short-term rental is proposed for the finished area of the existing residential 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. If the Planning Commission recommends approval, staff has suggested the following conditions: 1. The short-term rental shall be limited to the finished area of the existing residential dwelling (approximately 1,400 square feet). 2. The number of overnight guests shall not exceed six (6) people. 3. One (1) off-street parking space shall be provided for each guestroom in addition to parking spaces required for the principal dwelling. All parking shall be provided on-site and shall be located in driveways and other 4. The property owner shall provide and maintain in good working order every smoke detector, carbon monoxide detector, and fire extinguisher required by law. Exits required by law shall not be obstructed. 5. The property must maintain a residential appearance. No signage shall be allowed with the short-term rental use. 6. No events such as parties, banquets, weddings, receptions, meetings, or similar events shall be allowed with the short-term rental use. 7. A business license shall be obtained from the Commissioner of Revenue for the short-term rental use. CASE NUMBER: #12-8/2024 PREPARED BY: Skylar Camerlinck HEARING DATES: PC: August 6, 2024 BOS: August 20, 2024 ATTACHMENTS: Application Materials Maps (Aerial, Zoning, Future Land Use) Photographs R-1 District Regulations Neighborhood Conservation County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive PO Box 29800 Roanoke, VA 24018 (540)772-2068 FAX (540) 776-7155 ALL APPLICANTS Check type of application filed (check all that apply) For Staff Use Only Placards issued: BO. ��· i--------_._-·v , Case Number 11. -8' 2 '2'-1 □Rezoning litSpecial Use □ Variance □ Waiver □ Administrative Appeal □Comp Plan (15.2-2232) Review Applicants name/address w/zip Joel Calfee 458 Camp Eagle Rd Fincastle Va 24090 Owner's name/address w/zig Pleasant Place LLc.; 458 Camp Eagle Rd Fincastle Va 24090 Phone: Cell#: 304-910-3356Email: Calfee2015@gmail.com Contact for Legal Ads Joel Calfee Phone#: Cell#: 304-910-3356Email: calfee2015@gmail.com Property Location Ho·//, /l (" 1176 Nover Ave. 1--M _a _g1_·st _er_ial_D_is_tn_·c_t _: ___;_...;._ __ �-------------1Roanoke Va 24019 CommunityPlanning area: Pe-i-crs Creel( Tax Map No.: 027 11 -03 -0'2. , 00 -0000 Existing Zoning: '/Z / Size ofparcel(s):Acres: Q, 2 59CJ ExistingLandUse: ('e,_:;iJe11+iO../ REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.1-1131) REVIEW APPLICANTS (R/S/W/CP) Proposed Zoning: RI£" Proposed Land Use: Special use permit for short term rental Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes¥ No D IF NO, AV ARIAN CE IS REQUIRED FIRST (Rezoning).Does the parcel meet the minimum criteria for the requested Use Type in Article IV (Special Use Permit)? Yes.J-,1' No □ IF NO, AV ARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes r I VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (VIWIAA) Variance/Waiver ofSection(s) __________ ofthe Roanoke County Zo Appeal of Zoning Administrator's decision to --------------�.d"'r-------� Appeal oflnterpretation ofSection(s): _____ ofthe Roanoke County Zoning Ordin Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. ITEMS ARE MISSING OR INCOMPLETE. R/S/W/CP V/AA R/S/W/CP V/AA R/S/W/CP V/AA Application Metes and b0tmds description Proffers, if applicable Justification Water and sewer application Adjoining property owners Consullation H 8 1/2" x 11" concept plan � Application fee I hereby certify that I am either the owner ofthf 'prope.rty-�r y1e;owner's agent or contract purchaser and am acting with the knowledge andconsent f the owner. r .. , ; ;' ,: ,�-'.'.,;:• _.-;:;<;-�--· . E . �. ···-�•: .. �. �"":-···· ---�··... -. 'r .: · -,:r-' >···· ..•. -�-··::,....--J fll'Su.�\ YfoLJ? LJ._C... Owner's Signature \ > I ...=::;.:::: __ . •--•"� 2 v JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Applican!._ __ P_l_e_as_a_n_t_P_la_c_e_L_L_C _____ �-,'J---d---'Cd,-+(fr--f------------ 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. We are seeking to use 1176 Nover Avenue as a short term rental. We believe in protecting our communities is best done by having homes in good condition with good tenants. When we purchased this home in 2023, it had been sitting for multiple years with very limited if any maintenance. We have repaired damages from the lack of maintenance and restored ii back to a very nice single family residence that is comparable in quality if not better than much of the neighborhood. While this is a short term rental, ii does not increase the population density in the neighborhood or add any more traffic congestion than if ii was used as a primary residence, in fact ii reduces the population density on nights that ii is vacant. The home is still a 3 bedroom home and we do not allow any guests to book that would have more than 6 guests. This is still a single family home that is never occupied by more people than it's designed capacity, we just share it with different guests throughout the year. I do not believe our request harms this community, I believe that ii strengthens ii by having responsible tenants in a single family home that is continually and routinely maintained. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community I believe our home not only conforms to the guidelines established, but actually strengthens the community based on guidelines 3 and 4. 3.Encourage Infill of vacant lots with similar density housing:While this lot was not vacant, the home was vacant for multiple years. Vacant homes deteriorate and are not good for thecommunity. We have restored this home back to its original purpose of a 3 bedroom home that hosts people regularly. Our shortterm rental requirements do not allow more than 6 guests to be at the home. This is very similar to the rest of the population density of the surrounding homes. 4.Any additions or changes to existing neighborhoods should be compatible withestablished (underlying) site patterns: We intentionally have tried to make this home match the neighborhood. Based upon appearance, it would be impossible todistinguish this short term rental from any of the other long term tenant homes in the neighborhood. The short term guests thatstay do all the same things that long term tenants do. They use the home to eat, slee, and enjoy time with loved ones.Everything about this home matches the surrounding neighborhood and is compatible with the other residences. 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. We have been hosting on Airbnb for over 7 years, and we find that short term rental guests take better care of home than long term tenants do. We have the option to fine all guests for any house rule violations as well as damage to the property. I routinely check on the property and do routine maintenance to the home. I believe the property will be impacted positively by using it as a short term rental. A link to our listing is attached below. You will find our house rules and the layout of the house enclosed in the listing. airbnb.com/h/roostnroanoke I do not find any evidence of adjoining properties or public services being effected by allowing short term rentals in our home. We have almost 500 reviews on 5 properties and we have had nothing but good relationships with the neighbors of our rentals. We are on a 1st name basis with all of the neighbors of our rental homes and talk to them regularly. This is a short term rental, but we are also still very involved in the community. I also do not believe this rental causes any change to public services because it does not change the population density compared to a full time tenant. 3 I 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 mana geable 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 a.Applicant name and name of developmentb.Date, scale and north arrowc.Lot size in acres or square feet and dimensionsd.Location, names of owners and Roanoke County tax map numbers of adjoining propertiese.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 easementsh.All buildings, existing and proposed, and dimensions, floor area and heightsi.Location, widths and names of all existing or platted streets or other public ways within or adjacent to the developmentj.Dimensions and locations of all driveways, parking spaces and loading spacesAdditional information required for REZONING and SPECIAL USE PERMIT APPUCAN'I'S k.Existing utilities (water, sewer, storm drains) and connections at the siteI.Any driveways, entrances/exits, curb openings and crossoversm.Topography map in a suitable scale and contour intervalsn.Approximate street grades and site distances at intersectionso.Locations ofall 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. 3/8/2024 Date 6 Community Dev elopment 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 1',0A,Vo ;f t \ Z Gl ::, � u i;' 1836 Planning & Zoning Division NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION W AIYER, PUBLIC STREET W AIYER, 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 Petmit petition if new or additional infonnation 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 refe1nl 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 patties to evaluate the new or additional info1mation 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 dete1mine 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 Pe1mit petition if the County Traffic Engineer or staff from the Virginia Department of Transpo11ation requests fmther 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 paities to evaluate the required traffic analyses and/or traffic impact study and to provide w1itten comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is wainnted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective date: April 19, 2005 Pleasant Place LLC/ Joel Calfee Name of Petition i:,z 3/8/2024 Date 8 1176 Nover House Rules House rules You'll be staying in someone's home, so please treat it with care and respect. Checking in and out (9 Check-in: 4:00 PM· 6:00 PM (9 Checkout before 10:00 AM 0.Self check-in with lockbox During your stay W 6 guests maximum o�o Pets allowed � No parties or events � Nosmoking ® Additional rules Please park in the driveway. No street parking. Only 6 guests allowed at any time. No gatherings of parties with more tbao § Pl 'f§t§ 1176 Nover Ave Roanoke Va 24019 Full Bath Bedroom 1 Dining Room Kitchen � I Sun Room Stairs to Unfinised Basement Full Bath • � Bedroom2 Living Room Bedroom3 Roanoke County, Source : Es ri, Maxar, Earths tar Ge ographics , and the GIS Us e rCommunity Roanoke County, Virginia2019 0 ² 1:564 Aerial Map Joel Calfee 1176 Nover Ave 027.13-03-02.00-0000 Lot Size: 0.2599 Acre Current Zoning: R-1 Proposed Zoning: R-1S Proposed SUP for Short-Term Rental Magisterial District: Hollins Subject Site Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 R1R1 C2C2 Roanoke County, Source : Es ri, Maxar, Earths tar Ge ographics , and the GIS Us e rCommunity Roanoke County, Virginia2019 0 ² 1:564 Zoning C2 R1 Subject Site Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 Zoning Map Joel Calfee 1176 Nover Ave 027.13-03-02.00-0000 Lot Size: 0.2599 Acre Current Zoning: R-1 Proposed Zoning: R-1S Proposed SUP for Short-Term Rental Magisterial District: Hollins NCNC TRTR Roanoke County, Source: Es ri, Maxar, Earths tar Geograp hics , and the GIS Us erCommunity Roanoke County, Virginia2019 0 ² 1:564 Future Land Use Neighborhood Cons ervation Trans ition Future Land Use Map Joel Calfee 1176 Nover Ave 027.13-03-02.00-0000 Lot Size: 0.2599 Acre Current Zoning: R-1 Proposed Zoning: R-1S Proposed SUP for Short-Term Rental Magisterial District: Hollins Subject Site Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 Created: 2023-10-03 15:59:53 [EST] (Supp. No. 38) Page 1 of 3 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 * Created: 2023-10-03 15:59:53 [EST] (Supp. No. 38) Page 2 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. Created: 2023-10-03 15:59:53 [EST] (Supp. No. 38) Page 3 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) 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. Joel Calfee Special Use Permit for a Short-term Rental Board of Supervisors Public Hearing August 20, 2024 –3:00 PM Location Map2 Project Site •1176 Nover Ave •0.2599 Acre •Single Family Residence •Short-term Rental 3 Photographs4 5 Photographs Photographs6 Photographs7 Floor Plan8 Photographs9 Photographs10 Photographs11 Photographs12 13 Zoning Ordinance A short-term rental is defined 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.” 14 Zoning Ordinance (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. 15 Zoning Ordinance 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. 16 Zoning Ordinance (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. Zoning Existing Zoning •R-1 – Low Density Residential 17 Surrounding Zoning •North – R-1 •East – R-1and C-2, – High Intensity Commercial •West – R-1 •South – C-1, – Low intensity Residential and C-2 Future Land Use18 Neighborhood Conservation •Established Single-Family Residential neighborhoods are delineated and the conservation of the existing development pattern is encouraged. Planning Commission Public Hearing – August 6, 2024 •No citizens spoke during the public hearing. •The Planning Commission discussed: •The short-term rental use has been operating since September 2023; •The applicant's preference for short-term rental use versus long-term rental use; •The applicant operates several short-term rentals in the Roanoke area; •That the applicant has house rules; •Neighbors have the applicant's contact information; •Applicant uses both VRBO and Airbnb platforms; •The maximum number of guests is six (6); •The property is adjacent to commercial property fronting Peters Creek Road; •Surrounding zoning and land uses; and •Future land use designation. 19 Planning Commission The Planning Commission recommends approval of the special use permit for a short-term rental with seven (7) conditions: 1.The short-term rental shall be limited to the finished area of the existing residential dwelling (approximately 1,400 square feet). 2.The number of overnight guests shall not exceed six (6) people. 3.One (1) off-street parking space shall be provided for each guestroom in addition to parking spaces required for the principal dwelling. All parking shall be provided on-site and shall be located in driveways and other designated approved parking areas. 20 Planning Commission 4.The property owner shall provide and maintain in good working order every smoke detector, carbon monoxide detector, and fire extinguisher required by law. Exits required by law shall not be obstructed. 5.The property must maintain a residential appearance. No signage shall be allowed with the short-term rental use. 6.No events such as parties, banquets, weddings, receptions, meetings, or similar events shall be allowed with the short-term rental use. 7.A business license shall be obtained from the Commissioner of Revenue for the short-term rental use. 21 Questions? 22 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 Peter S. Lubeck COUNTY ATTORNEY Rachel W. Lower DEPUTY COUNTY ATTORNEY Marta J. Anderson Douglas P. Barber, Jr. SENIOR ASSISTANT COUNTY ATTORNEYS SAMPLE MOTIONS The petition of Joel Calfee to obtain a special use permit to operate a short -term rental on approximately 0.2599 acre of land zoned R-1 (Low Density Residential) 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 seven (7) conditions: 1. The short-term rental shall be limited to the finished area of the existing residential dwelling (approximately 1,400 square feet). 2. The number of overnight guests shall not exceed six (6) people. 3. One (1) off-street parking space shall be provided for each guestroom in addition to parking spaces required for the principal dwelling. All parking shall be provided on-site and shall be located in driveways and other designated approved parking areas. 4. The property owner shall provide and maintain in good working order every smoke detector, carbon monoxide detector, and fire extinguisher required by law. Exits required by law shall not be obstructed. 5. The property must maintain a residential appearance. No signage shall be allowed with the short-term rental use. 6. No events such as parties, banquets, weddings, receptions, meetings, or similar events shall be allowed with the short-term rental use. 7. A business license shall be obtained from the Commissioner of Revenue for the short-term rental use. OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800  Roanoke, Virginia 24018-0798 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. Page 1 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 20, 2024 ORDINANCE GRANTING A SPECIAL USE PERMIT TO JOEL CALFEE TO OPERATE A SHORT-TERM RENTAL ON APPROXIMATELY 0.2599 ACRE OF LAND ZONED R-1 (LOW DENSITY RESIDENTIAL) DISTRICT, LOCATED AT 1176 NOVER AVENUE, HOLLINS MAGISTERIAL DISTRICT WHEREAS, Joel Calfee has filed a petition for a special use permit to operate a short-term rental on approximately 0.2599 acre of land zoned R-1 (Low Density Residential) District, located at 1176 Nover Avenue (Roanoke County Tax Map Number 027.13-03-02.00-0000), in the Hollins Magisterial District; and WHEREAS, the first reading of this ordinance was held on July 23, 2024, and the second reading and public hearing were held on August 20, 2024; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 6, 2024; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition to obtain a special use permit, with seven (7) 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 2 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 seven (7) conditions: a. The short-term rental shall be limited to the finished area of the existing residential dwelling (approximately 1,400 square feet). b. The number of overnight guests shall not exceed six (6) people. c. One (1) off-street parking space shall be provided for each guestroom in addition to parking spaces required for the principal dwelling. All parking shall be provided on-site and shall be located in driveways and other designated approved parking areas. d. The property owner shall provide and maintain in good working order every smoke detector, carbon monoxide detector, and fire extinguisher required by law. Exits required by law shall not be obstructed. e. The property must maintain a residential appearance. No signage shall be allowed with the short-term rental use. f. No events such as parties, banquets, weddings, receptions, meetings, or similar events shall be allowed with the short-term rental use. g. A business license shall be obtained from the Commissioner of Revenue for the short-term rental use. 4. This ordinance shall be in full force and effect thirty (30) days after its final passage. Page 1 of 1 ACTION NO. ITEM NO. G.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: August 20, 2024 Confirmation of appointment to the Social Services Advisory Board (Appoint by District) Rhonda Perdue Chief Deputy Clerk to the Board of Supervisors APPROVED BY: ISSUE: BACKGROUND: DISCUSSION: FISCAL IMPACT: STAFF RECOMMENDATION: Page 1 of 2 A T A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 20, 2024 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for August 20, 2024, designated as Item H - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 9 inclusive, as follows: 1. Approval of minutes – July 23, 2024 2. Ordinance to accept and appropriate grant funds in the amount of $186,275 from the Virginia Opioid Abatement Authority along with local matches of $48,000 from the Opioid Abatement Settlement Funds received by Roanoke County. (Second Reading) 3. 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. 4. Resolution requesting the Virginia Department of Transportation (VDOT) to accept Foxfield Lane of Section 4 of the River Oaks Subdivision in the Catawba Magisterial District into the VDOT Secondary Road System. 5. Request to approve holiday schedule for calendar year 2025. 6. Ordinance authorizing the Treasurer of the County of Roanoke to employ the services of a private collection attorney to assist with the collection of delinquent accounts and to authorize the imposition of a fee to cover the cost of retaining a private collection attorney. (Second Reading) 7. Ordinance authorizing the granting of an easement to the Western Virginia Water Authority for water and sewer improvement projects. (First Reading and Request for Second Reading) Page 2 of 2 8. The petition of Dale Wilkinson to rezone approximately 21.39 acres of land zoned I-1,Low Intensity Industrial District, to R-3, Medium Density Multi- Family Residential District, in order to develop a 225 -lot residential subdivision, located at 7812 Sanderson Drive, Hollins Magisterial District. (First Reading and Request for Second Reading and Public Hearing) 9. Resolution requesting the Virginia Department of Transportation (VDOT) to accept Integrity Drive in the Vinton Magisterial District into the VDOT Secondary Road System. Page 1 of 9 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the second regularly scheduled meeting of the month of July 2024. Audio and video recordings of this meeting will be held on file for a minimum of five (5) years in the office of the Clerk to the Board of Supervisors. Before the meeting was called to order, an invocation/a moment of silence was observed. The Pledge of Allegiance was recited by all present. A. OPENING CEREMONIES 1. Roll Call Present: Supervisors Radford, Hooker, Mahoney, Shepherd, North Absent: None Staff Present: Richard L. Caywood, County Administrator; Rebecca Owens, Deputy County Administrator; Doug Blount, Assistant County Administrator; Madeline Hanlon, Assistant to the County Administrator; Peter S. Lubeck, County Attorney; Amy Whittaker, Public Information Officer and Rhonda D. Perdue, Chief Deputy Clerk to the Board B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. NEW BUSINESS Action No. 072324-1 Item C.1 1. Resolution adopting legislative priorities for the 2025 Session of the Virginia general Assembly and petitioning the General Assembly to favorably consider the priorities addressed herein. (Peter S. Lubeck, County Attorney) Supervisor Hooker moved to approve the resolution. Supervisor Mahoney seconded the motion. Motion approved. Roanoke County Board of Supervisors Minutes July 23, 2024 Page 2 of 9 Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Action No. 072324-2 Item C.2 2. Resolution approving an amended Memorandum of Understanding between the Roanoke County Board of Supervisors and the Roanoke County School Board regarding joint capital funding. (Peter S. Lubeck, County Attorney, Dr. Ken Nicely, Superintendent, RCPS) Supervisor Shepherd moved to approve the resolution. Supervisor Radford seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Action No. 072324-3 Item C.3 3. Resolution approving a comprehensive agreement between the Roanoke County School Board and Branch Builds, Inc. regarding construction services for the new Career and Technical Education Center and renovations/ additions to Glen Cove Elementary School and W.E. Cundiff Elementary School. (Peter S. Lubeck, County Attorney, Dr. Ken Nicely, Superintendent, RCPS) Supervisor Radford moved to approve the resolution. Supervisor Hooker seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None D. FIRST READINGS OF ORDINANCES Action No. 072324-4 Item D.1 1. Ordinance authorizing the Treasurer of the County of Roanoke to employ the services of a private collection attorney to assist with the collection of delinquent accounts and to authorize the imposition of a fee to cover the cost of retaining a private collection attorney. (Kevin Hutchins, Treasurer) (First Reading and Request for Second Reading) Supervisor Mahoney moved to approve the first reading of this ordinance and scheduling the second reading and public hearing for August 20, 2024. Supervisor North seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Page 3 of 9 E. PUBLIC HEARING Action No. 072324-5 Item E.1 1. Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2023-2024 budget in accordance with Code of Virginia Section 15.2-2507. (Steve Elliott, Budget Administrator) No speakers present. F. SECOND READING OF ORDINANCES Action No. 072324-6 Item F.1 1. Ordinance amending the fiscal year 2023-2024 budget for the General Operating Revenues and Expenditures by $6,000,000 and appropriating $1,500,000 to the County's Capital Fund and $4,500,000 to the General Government Fund. (Laurie Gearheart, Director of Finance and Management Services) Supervisor North moved to approve the ordinance. Supervisor Mahoney seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None G. APPOINTMENTS Action No. 072324-7 Item C.1 1. Building Code Board of Adjustments and Appeals/Fire Code Board of Appeals • David R. Jones, Jr. - reappointed for a four-year term to expire July 23, 2028 • Peter G. Fields - reappointed for a four-year term to expire July 23, 2028 • William B. Fowler, who currently serves as an alternate, was appointed to replace Mr. Evans full appointment for the remainder of his current term set to expire June 28, 2026 Supervisor Shepherd moved to approve all appointments. Supervisor Hooker seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Page 4 of 9 H. CONSENT AGENDA Action No. 072324-8.a-d Item H.1-4 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 Action No. 072324-8.a Item H.1 1. Approval of minutes – July 9, 2024 Action No. 072324-8.b Item H.2 2. Resolution to increase compensation for Economic Development Authority and Board of Zoning Appeals. Action No. 072324-8.c Item H.3 3. The petition of Joel Calfee to obtain a special use permit to operate a short-term rental on approximately 0.2599 acre of land zoned R-1, Low Density Residential District, located at 1176 Nover Avenue, Hollins Magisterial District. (First Reading and Request for Second Reading and Public Hearing) Action No. 072324-8.d Item H.4 4. Ordinance to accept and appropriate grant funds in the amount of $186,275 from the Virginia Opioid Abatement Authority along with local matches of $48,000 from the Opioid Abatement Settlement Funds received by Roanoke County. (First Reading and Request for Second reading) Supervisor Hooker moved to adopt all matters on the consent agenda. Supervisor Shepherd seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None I. CITIZENS' COMMENTS AND COMMUNICATIONS - None J. REPORTS Action No. 072324-9 Item J.1-4 1. Unappropriated Balance, Board Contingency, and Capital Reserves Report 2. Outstanding Debt Report 3. Accounts Paid – June 2024 Page 5 of 9 4. Statement of the Treasurer’s Accountability per Investment and Portfolio Policy, as of June 30, 2024 Supervisor Radford moved to receive and file the reports that have been included with the agenda under Item J. Supervisor Mahoney seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None K. CLOSED MEETING, pursuant to the Code of Virginia as follows: Action No. 072324-10 1. Section 2.2-3711(A)(5) of the Code of Virginia, for discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business’ or industry’s interest in locating or expanding its facilities in the community. Specifically, the Board will discuss potential business location or expansion in each of the five magisterial districts. 2. Section 2.2-3711(A)(8) of the Code of Virginia to consult with the County Attorney regarding a specific matter that requires the provision of legal advice. Specifically, the Board will receive information and counsel regarding a lien secured on a particular parcel of real property. Supervisor North moved to go to closed session. Supervisor Mahoney seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None EVENING SESSION – 7:00 PM L. CERTIFICATION RESOLUTION Action No. 072324-11 In the closed session just concluded, nothing was discussed except the matter which was identified in the motion to convene in closed session. Only those matters lawfully permitted to be discussed under the Virginia Freedom of Information Act were discussed. Supervisor Mahoney moved to adopt the certification resolution. Supervisor Hooker seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Page 6 of 9 Nays: None M. SECOND READINGS OF ORDINANCES AND PUBLIC HEARINGS Action No. 072324-12 Item M.1 1. The petition of Roanoke Valley Holdings LLC to remove a proffered condition on approximately 50.8 acres of land zoned R-1C, Low Density Residential District with conditions, in order to develop a residential subdivision, located near the 6200 block of Crumpacker Drive, Hollins Magisterial District. (Philip Thompson, Director of Planning) (Second Reading and Public Hearing) Supervisor North found that the proposed rezoning request from R1C with 65 homes to R1C with 86 homes is: 1. Is inconsistent with good zoning practice, and 2. Will result in substantial detriment to the community Therefore, moved that the Board deny the rezoning request as it has been requested. Supervisor Shepherd seconded the motion. Motion Approved. Ayes: Supervisors Hooker, Mahoney, Shepherd, North Nays: Supervisor Radford Action No. 072324-13 Item M.2 1. The petition of Trail Development Group, LLC to rezone approximately 9.67 acres from I-1, Low Intensity Industrial District, to C-2, High Intensity Commercial District, located near 3475 and 3801 Challenger Avenue, Vinton Magisterial District. (Philip Thompson, Director of Planning) (Second Reading and Public Hearing) Supervisor Shepherd found that the proposed rezoning request: 1. Is inconsistent with the future land use designation of “Principal Industrial” included in the County’s adopted comprehensive plan, but is consistent with the “Core” future land use designation of adjoining property, and that the proposed commercial use is in line with adjacent properties currently zoned for commercial use, 2. Is good zoning practice, and 3. Will not result in substantial detriment to the community. Therefore, moved that the Board approve the rezoning request with the following one (1) proffer, at is has been requested: Page 7 of 9 1. At the time the site is developed, the site shall be developed in substantial conformance with the concept plan prepared by Mattern & Craig, dated April 22, 2024, and revised July 5, 2024, subject to any changes required during the comprehensive site plan review process. Supervisor North seconded the motion. Motion Approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Action No. 072324-14 Item M.3 2. The petition of Brad Prescott to obtain a special use permit to develop on a lot without public road frontage and to obtain a special use permit for custom manufacturing in a C-2, High Intensity Commercial District, on approximately 1.44 acres of land located in the 2900 block of Peters Creek Road, Catawba Magisterial District. (Philip Thompson, Director of Planning) (Second Reading and Public Hearing) Supervisor Hooker found that the proposed special use permit: 1. Meet 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. Are in conformance with the Roanoke County Comprehensive Plan; and 3. Will have a minimum adverse impact on the surrounding neighborhood and community. Therefore, moved that the Board approve the petition to obtain special use permits, with the following condition attached to each permit: 1. The site shall be developed in general conformance with the concept plan dated May 10, 2024, subject to any changes required during the comprehensive site plan review process. Supervisor Radford seconded the motion. Motion Approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Action No. 072324-15 Item M.4 3. The petition of Jonathan Kenneth Burns-Carrera to obtain a special use permit to operate a short-term rental on approximately 1.42 acres of land zoned R-1, Low Intensity Residential District, located at 5909 Old Mountain Road, Hollins Magisterial District. (Philip Thompson, Director of Planning) (Second Reading and Public Hearing) Page 8 of 9 Supervisor North found that the proposed special use permit: and Therefore, moved that the Board approve the petition to obtain a special use permit, with the following seven (7) conditions: 1. The short-term rental shall be limited to the upper level of the existing residential dwelling (approximately 1,450 square feet). 2. The number of overnight guests shall not exceed six (6) people. 3. One (1) off-street parking space shall be provided for each guestroom in addition to parking spaces required for the principal dwelling. All parking shall be provided on-site and shall be located in driveways and other designated approved parking areas. 4. The property owner shall provide and maintain in good working order every smoke detector, carbon monoxide detector, and fire extinguisher required by law. Exits required by law shall not be obstructed. 5. The property must maintain a residential appearance. No signage shall be allowed with the short-term rental use. 6. No events such as parties, banquets, weddings, receptions, meetings, or similar events shall be allowed with the short-term rental use. 7. A business license shall be obtained from the Commissioner of Revenue for the short-term rental use. Supervisor Shepherd seconded the motion. Motion Approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None N. CITIZEN COMMENTS AND COMMUNICATIONS - None O. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Paul M. Mahoney 2. David F. Radford 3. Tammy E. Shepherd 4. Martha B. Hooker 5. Phil C. North Supervisors were offered the opportunity to share comments and provide updates to their peers and the public on items of interest to them. Page 9 of 9 P. ADJOURNMENT Action No. 072324-16 Supervisor Hooker moved to adjourn the meeting. Supervisor North seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North, Nays: None Submitted by: Approved by: __________________________ __________________________ Richard L. Caywood Phil C. North Clerk to the Board of Supervisors Chairman Page 1 of 3 ACTION NO. ITEM NO. H.2 MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: BACKGROUND: DISCUSSION: Page 2 of 3 The Virginia Opioid Abatement Authority has awarded Roanoke County grant funds to assist in the abatement and remediation of the opioid epidemic to the following programs in the following amounts for the fiscal year 2025. Individual Grants: Partnership for Community Wellness- $146,275 with a County "match" from existing funds directly received from Opioid Abatement settlements of $16,500 for a total project of $162,775 for fiscal year 2025. Family Service of Roanoke Valley- $40,000 with a County "match" from existing funds directly received from Opioid Abatement settlements of $4,000 for a total project of $44,000 for fiscal year 2025. Additionally the County in cooperation with the City of Roanoke was successfully awarded the following cooperative grants. The City of Roanoke is the fiscal agent for these projects. Cooperative Grants: Roanoke Valley Collective Response- $349,741 carryforward funds from fiscal year 2024. No additional County match. Restoration Housing- $225,472 with a County "match" from existing funds directly received from Opioid Abatement settlements of $27,500 and a City match of $27,500. The City of Roanoke is administering this grant. There have been no changes since the first reading held on July 23, 2024. FISCAL IMPACT: The total amount of the grants awarded to the County of Roanoke is $206,775 which includes a local match of $20,500. The local match will be moved from the Opioid Abatement Settlement Fund and moved to the Grant Fund. In addition, $27,500 will be paid out of the Opioid Abatement Settlement Fund to the City of Roanoke for our local match for the Restoration Housing Grant being administered by the City of Roanoke. No additional appropriation of County funds is required. STAFF RECOMMENDATION: Page 3 of 3 Staff recommends approval of the ordinance to accept and appropriate $186,275 in grant funds along with the required local matches of $48,000. VIRGINIA OPIOID ABATEMENT AUTHORITY 701 E. Franklin St, Ste 803, Richmond, VA 23219 804-500-1810 info@voaa.us www.voaa.us Board of Directors Senator Todd Pillion Chair Roanoke County Madeline L. Hanlon Dr. Sarah Thomason, Community Engagement Officer/Assistant to County Administrator PHARMD 5204 Bernard Drive Vice-Chair Roanoke, Virginia 24018 mhanlon@roanokecountyva.gov Treasurer Timothy R. Spencer Secretary Hon. Janet Vestal Kelly Human Resources Delegate Briana Sewell 25th House District Michael Tillem Journey House Recovery Foundation Sheriff Joe Baron Sharon Buckman Piedmont CSB Sincerely, Fairfax-Falls Church Senator Todd Pillion, Chairman Dr. James Thompson, Virginia Opioid Abatement Authority Board of Directors MD Master Center for Addiction Medicine As Chairman of the Virginia Opioid Abatement Authority (OAA) I am pleased to inform you that Roanoke County has been awarded an Individual Distribution and "Gold Standard" Incentive grant in the amount of $146,275.00 to support its Partnership for Community Wellness project. The OAA Board of Directors has invested considerable time and effort to ensure that Virginia allocates its share of the national opioid settlements in a manner that saves lives, restores families, and safeguards communities. This is a major challenge and will require a strengthening of partnerships between community-based organizations, local governments, state agencies, and many other stakeholders. Efforts such as Roanoke County's Partnership for Community Wellness project have the potential to exemplify how we can work together to turn the tide of the opioid crisis in Virginia. Details about the award being offered by the OAA are attached to this letter. We look forward to receiving your acceptance and to working together on this important mission. Dear Ms. Hanlon, Page 1 of 3 701 E. Franklin St, Ste 803, Richmond, VA 23219 804-500-1810 info@voaa.us www.voaa.us Cecil “Charlie” Lintecum Director of Operations 804-500-1811 clintecum@voaa.us www.voaa.us VIRGINIA OPIOID ABATEMENT AUTHORITY July 11, 2024 Roanoke County Madeline L. Hanlon Community Engagement Officer/Assistant to County Administrator 5204 Bernard Drive Roanoke, Virginia 24018 mhanlon@roanokecountyva.gov RE: Individual Distribution and "Gold Standard" Incentive Grant- Partnership for Community Wellness This letter confirms that on May 23, 2024, the Virginia Opioid Abatement Authority’s (OAA) Grants Committee voted to award $146,275.00 as an Individual Distribution and "Gold Standard" Incentive grant to Roanoke County for fiscal year 2025 for the Partnership for Community Wellness project. The performance period for fiscal year 2025 is July 1, 2024 - June 30, 2025. The award will be transmitted in a lump sum. Attached to this letter are the financial details, contingencies, terms and conditions, and the approved performance measures, and a signature page accepting all contents and terms of the award. An annual report will be due by September 1, 2025, regarding the performance measures, timeline, and the use of the funds. Please sign and return a copy of this award package to info@voaa.us. The OAA will be in touch if any additional information is needed to transmit the award. This grant number is IDIC161301-0A02. The OAA will gladly assist you in any way we can to assure your plans are successful. Thanks and Regards, Page 2 of 3 OAA Award Acceptance Package FY2024 FY2025 Total Project Cost Roanoke County Total OAA Awards $0.00 $146,275.00 Project Title:Partnership for Community Wellness Grant Number: OAA Grant Award(s)Non-OAA Matching Funds OAA Grant Type(s)FY2024 FY2025 Non-OAA Matching Type(s)FY2024 FY2025 $0.00 $134,533.00 $0.00 $16,500.00 $0.00 $11,742.00 $0.00 $0.00 Individual Distribution $0.00 $0.00 Other Grants $0.00 $0.00 Gold Standard $0.00 $0.00 Donations $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Unrestricted Support $0.00 $0.00 Total Non-OAA Matching Funds $0.00 $16,500.00 Total OAA Grant Award(s)$0.00 $146,275.00 Non-OAA Matching Funds are not awarded by OAA, however their inclusion in an OAA award designates them a contingent revenue for the awarded project. Richard L. Caywood Date County Administrator, Roanoke County OAA Award Financial Details As the duly authorized representative of the recipient, I hereby accept this award and agree to the terms and conditions of this award, all items contained in and attached to the application resulting in this award, all other information contained herein, and all other provisions of local, state, and federal law that pertain to this award. document entitled Virginia Opioid Abatement Authority Grant Award Terms and Conditions for Individual Distributions to Cities and Counties. More specifically, I acknowledge my obligations under said document with respect to the “Use of Funds” in Section 2, to refrain from “False Statements” as described in Section 10, not to misuse the award and thus incur a debt as described in Section 11 and agree to use the award only for the purposes described in the application and/or award as set out in Section 20. Should the OAA determine that I have incurred a debt pursuant to Section 11, the OAA in its discretion will require the debt: (1) to be paid promptly, (2) to be paid according to a mutually agreeable arrangement, or IDIC161301-0A02 Page 3 of 3 VIRGINIA OPIOID ABATEMENT AUTHORITY 701 E. Franklin St, Ste 803, Richmond, VA 23219 804-500-1810 info@voaa.us www.voaa.us Board of Directors Senator Todd Pillion Chair Dr. Sarah Thomason, PHARMD Vice-Chair Treasurer Timothy R. Spencer Secretary Hon. Janet Vestal Kelly Human Resources Delegate Briana Sewell 25th House District Michael Tillem Journey House Recovery Foundation Sheriff Joe Baron Sharon Buckman Piedmont CSB Fairfax-Falls Church Dr. James Thompson, MD Senator Todd Pillion, Chairman Virginia Opioid Abatement Authority Board of Directors Master Center for Addiction Medicine July 11, 2024 Roanoke County Madeline L. Hanlon Community Engagement Officer/Assistant to County Administrator 5204 Bernard Drive Roanoke, Virginia 24018 mhanlon@roanokecountyva.gov Dear Ms. Hanlon, As Chairman of the Virginia Opioid Abatement Authority (OAA) I am pleased to inform you that Roanoke County has been awarded an Individual Distribution grant in the amount of $40,000.00 to support the Family Services of Roanoke Valley - Mental Health Support/SUD Initiative - Bridging Gaps Building Hope project. The OAA Board of Directors has invested considerable time and effort to ensure that Virginia allocates its share of the national opioid settlements in a manner that saves lives, restores families, and safeguards communities. This is a major challenge and will require a strengthening of partnerships between community-based organizations, local governments, state agencies, and many other stakeholders. Efforts such as Roanoke County's Family Services of Roanoke Valley project have the potential to exemplify how we can work together to turn the tide of the opioid crisis in Virginia. Details about the award being offered by the OAA are attached to this letter. We look forward to receiving your acceptance and to working together on this important mission. Sincerely, Page 1 of 3 701 E. Franklin St, Ste 803, Richmond, VA 23219 804-500-1810 info@voaa.us www.voaa.us Roanoke County Madeline L. Hanlon Community Engagement Officer/Assistant to County Administrator 5204 Bernard Drive Roanoke, Virginia 24018 mhanlon@roanokecountyva.gov RE: Individual Distribution Grant - Family Services of Roanoke Valley - Mental Health Support/ The OAA will gladly assist you in any way we can to assure your plans are successful. Thanks and Regards, Cecil “Charlie” Lintecum Director of Operations 804-500-1811 clintecum@voaa.us www.voaa.us Please sign and return a copy of this award package to info@voaa.us. The OAA will be in touch if any additional information is needed to transmit the award. This grant number is IDIC161301-0A01. voted to award $40,000.00 as an Individual Distribution grant to Roanoke County for fiscal year 2025 for the Family Services of Roanoke Valley project. The performance period for fiscal year 2025 is July 1, 2024 - . The award will be transmitted in a lump sum. Attached to this letter are the financial details, contingencies, terms and conditions, and the approved performance measures, and a signature page accepting all contents and terms of the award. VIRGINIA OPIOID ABATEMENT AUTHORITY July 11, 2024 SUD Initiative - Bridging Gaps Building Hope Page 2 of 3 OAA Award Acceptance Package FY2024 FY2025 Total Project Cost Roanoke County Total OAA Awards $0.00 $40,000.00 Project Title:Family Services of Roanoke Valley - Mental Health Support/ SUD Initiative - Bridging Gaps Building Hope Grant Number: OAA Grant Award(s)Non-OAA Matching Funds OAA Grant Type(s)FY2024 FY2025 Non-OAA Matching Type(s)FY2024 FY2025 $0.00 $40,000.00 $0.00 $4,000.00 $0.00 $0.00 $0.00 $0.00 Individual Distribution $0.00 $0.00 Other Grants $0.00 $0.00 Gold Standard $0.00 $0.00 Donations $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Unrestricted Support $0.00 $0.00 Total Non-OAA Matching Funds $0.00 $4,000.00 Total OAA Grant Award(s)$0.00 $40,000.00 Non-OAA Matching Funds are not awarded by OAA, however their inclusion in an OAA award designates them a contingent revenue for the awarded project. Richard L. Caywood Date County Administrator, Roanoke County OAA Award Financial Details As the duly authorized representative of the recipient, I hereby accept this award and agree to the terms and conditions of this award, all items contained in and attached to the application resulting in this award, all other information contained herein, and all other provisions of local, state, and federal law that pertain to this award. document entitled Virginia Opioid Abatement Authority Grant Award Terms and Conditions for Individual Distributions to Cities and Counties. More specifically, I acknowledge my obligations under said document with respect to the “Use of Funds” in Section 2, to refrain from “False Statements” as described in Section 10, not to misuse the award and thus incur a debt as described in Section 11 and agree to use the award only for the purposes described in the application and/or award as set out in Section 20. Should the OAA determine that I have incurred a debt pursuant to Section 11, the OAA in its discretion will require the debt: (1) to be paid promptly, (2) to be paid according to a mutually agreeable arrangement, or IDIC161301-0A01 Page 3 of 3 VIRGINIA OPIOID ABATEMENT AUTHORITY 701 E. Franklin St, Ste 803, Richmond, VA 23219 804-500-1810 info@voaa.us www.voaa.us Board of Directors Senator Todd Pillion Chair Dr. Sarah Thomason, Vice-Chair Hon. James Holland Treasurer Timothy R. Spencer Hon. John Littel Secretary of Health & Human Resources Delegate Briana Sewell Journey House Recovery Foundation Sheriff Joe Baron City of Norfolk Piedmont CSB Daryl Washington Fairfax-Falls Church CSB Dr. James Thompson, MD Addiction Medicine July 2, 2024 Roanoke City Wayne Leftwich Planning Manager 215 Church Avenue SW Roanoke, Virginia 24011 wayne.leftwich@roanokeva.gov Dear Mr. Leftwich, As Chairman of the Virginia Opioid Abatement Authority (OAA) I am pleased to inform you that Roanoke City, acting as fiscal agent on behalf of itself and Roanoke County, has been approved to carryforward $349,741.00 of fiscal year 2024 Cooperative Partnership grant funds to support the Roanoke Valley Collective Response project in fiscal year 2025. The OAA Board of Directors has invested considerable time and effort to ensure that Virginia allocates its share of the national opioid settlements in a manner that saves lives, restores families, and safeguards communities. This is a major challenge and will require a strengthening of partnerships between community-based organizations, local governments, state agencies, and many other stakeholders. Efforts such as the Roanoke Valley Collective Response project have the potential to exemplify how we can work together to turn the tide of the opioid crisis in Virginia. Details about the award being offered by the OAA are attached to this letter. We look forward to receiving your acceptance and to working together on this important mission. Sincerely, Senator Todd Pillion, Chairman Virginia Opioid Abatement Authority Board of Directors Page 1 of 5 701 E. Franklin St, Ste 803, Richmond, VA 23219 804-500-1810 info@voaa.us Roanoke City Wayne Leftwich Planning Manager 215 Church Avenue SW Roanoke, Virginia 24011 wayne.leftwich@roanokeva.gov RE: Cooperative Partnership Carryforward - Roanoke Valley Collective Response The OAA will gladly assist you in any way we can to assure your plans are successful. Thanks and Regards, Cecil “Charlie” Lintecum Director of Operations 804-500-1811 clintecum@voaa.us www.voaa.us Cooperative Partnership funds will be transmitted to the fiscal agent. This award transmittal will be a lump sum payment and not paid in installments or on a reimbursement basis. The performance period for fiscal year 2025 is July 1, 2024 - June 30, 2025. A report will be due by September 1, 2025, Attached to this letter are the financial details, contingencies, terms and conditions, the approved performance Please sign and return a copy of this award package to info@voaa.us. The OAA will be in touch if any additional COOP770302-0A01. VIRGINIA OPIOID ABATEMENT AUTHORITY www.voaa.us July 2, 2024 This letter confirms that on May 23, 2024, the Virginia Opioid Abatement Authority’s (OAA) Grants Committee voted to approve carryforward of $349,741.00 awarded fiscal year 2024 Cooperative Partnership grant funds for Roanoke City, acting as fiscal agent on behalf of itself and Roanoke County for fiscal year 2025 to support the Roanoke Valley Page 2 of 5 OAA Award Acceptance Package FY2024 FY2025 Total Project Cost Roanoke City Total OAA Awards $349,741.00 $0.00 Project Title:Roanoke Valley Collective Response Grant Number: OAA Grant Award(s)OAA Matching Grant Award(s)Non-OAA Matching Funds OAA Grant Type(s)FY2024 FY2025 OAA Matching Grant Type(s)FY2024 FY2025 Non-OAA Matching Type(s)FY2024 FY2025 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Cooperative Partnership $349,741.00 $0.00 Gold Standard $0.00 $0.00 General Funds $0.00 $0.00 Cooperative Planning $0.00 $0.00 Individual Forward $0.00 $0.00 Other Grants $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Donations $0.00 $0.00 Total OAA Grant Award(s)$349,741.00 $0.00 Total OAA Matching Grant Award(s) $0.00 $0.00 Other Funds [Description]$0.00 $0.00 Total Non-OAA Matching Funds $0.00 $0.00 Non-OAA Matching Funds are not awarded by OAA, however their inclusion in an OAA award designates them a contingent revenue for the awarded project. OAA Award Financial Details Matching Grant and Non-OAA Matching Funds details for each partner are available on the subsequent page. OAA Matching Grant Funds will be transmitted to the matching city or county. Cooperative Partnership Funds will be transmitted to the fiscal agent city or county. This space intentionally left blank. COOP770302-0A01 Page 3 of 5 OAA Award Acceptance Package FY2024 FY2025 Total Project Cost $0.00 $0.00 Roanoke City Total OAA Matching Awards $0.00 $0.00 Project Title:Roanoke Valley Collective Response Grant Number:COOP770302-0A01 Matching City or County*Matching City or County*Matching City or County* OAA Matching Grant Award(s)OAA Matching Grant Award(s)OAA Matching Grant Award(s) OAA Matching Grant Type(s)FY2024 FY2025 FY2024 FY2025 FY2024 FY2025 Individual $0.00 $0.00 Individual $0.00 $0.00 Individual $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Individual $0.00 $0.00 Individual Distribution Carry $0.00 $0.00 Individual $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total OAA Matching Grant Award(s) $0.00 $0.00 Total OAA Matching Grant Award(s) $0.00 $0.00 Total OAA Matching Grant Award(s) $0.00 $0.00 Non-OAA Matching Funds Non-OAA Matching Funds Non-OAA Matching Funds Non-OAA FY2024 FY2025 Non-OAA FY2024 FY2025 Non-OAA FY2024 FY2025 Direct $0.00 $0.00 Direct Distribution $0.00 $0.00 Direct $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Other Grants $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Non-OAA $0.00 $0.00 Total Non-OAA $0.00 $0.00 Total Non-OAA $0.00 $0.00 Matching City or County*Matching City or County*Matching City or County* OAA Matching Grant Award(s)OAA Matching Grant Award(s)OAA Matching Grant Award(s) OAA Matching FY2024 FY2025 OAA Matching FY2024 FY2025 OAA Matching FY2024 FY2025 Individual $0.00 $0.00 Individual $0.00 $0.00 Individual $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Distribution Carry $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total OAA Matching Grant Award(s) $0.00 $0.00 Total OAA Matching Grant Award(s) $0.00 $0.00 Total OAA Matching Grant Award(s) $0.00 $0.00 Non-OAA Matching Funds Non-OAA Matching Funds Non-OAA Matching Funds Non-OAA Matching Type(s)FY2024 FY2025 FY2024 FY2025 FY2024 FY2025 $0.00 $0.00 Direct Distribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Donations $0.00 $0.00 Donations $0.00 $0.00 Donations $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Non-OAA Matching Funds $0.00 $0.00 Total Non-OAA Matching Funds $0.00 $0.00 Total Non-OAA Matching Funds $0.00 $0.00 * Please note that matching city or county OAA Awards will be transmitted directly to the respective city or county. OAA Award Cooperative Partnership Matching Details Page 4 of 5 OAA Award Acceptance Package Contingencies and Signature Accepting Award Roanoke City Total Non-OAA Funds $0.00 $0.00 Total OAA Awards Project Title:Roanoke Valley Collective Response Grant Number:COOP770302-0A01 On behalf of The City of Roanoke (“City”) and as the recipient of this award acting as the fiscal agent on behalf of the City Virginia Opioid Abatement Authority Grant Award Terms and Conditions for Cooperative Partnerships of Cities and Counties . More specifically, I acknowledge my obligations under said document with respect to the “Use of Funds” in Section 2, to refrain from “False Statements” as described in Section 10, not to misuse the award and thus incur a debt as described in Section 11 and agree to use the award only for the purposes described in the application and/or award as set out in Section 20. Should the OAA determine that I have incurred a debt pursuant to Section 11, the OAA in its discretion will require the debt: (1) to be paid promptly, (2) to be paid according to a mutually agreeable arrangement, or (3) to be collected by taking this award, all items contained in and attached to the application resulting in this award, all other information contained herein, and all other provisions of local, state, and federal law that pertain to this award. Page 5 of 5 VIRGINIA OPIOID ABATEMENT AUTHORITY 701 E. Franklin St, Ste 803, Richmond, VA 23219 804-500-1810 info@voaa.us www.voaa.us Board of Directors Senator Todd Pillion July 2, 2024 Chair Roanoke City Dr. Sarah Thomason, Wayne Leftwich Planning Manager Vice-Chair 215 Church Avenue SW Roanoke, Virginia 24011 Hon. James Holland wayne.leftwich@roanokeva.gov Treasurer Dear Mr. Leftwich, Timothy R. Spencer Hon. John Littel Secretary of Health & Human Resources Delegate Briana Sewell Journey House Recovery Foundation Sheriff Joe Baron City of Norfolk Piedmont CSB Daryl Washington Sincerely, Fairfax-Falls Church CSB Dr. James Thompson, Senator Todd Pillion, Chairman MD Virginia Opioid Abatement Authority Board of Directors Addiction Medicine As Chairman of the Virginia Opioid Abatement Authority (OAA) I am pleased to inform you that Roanoke City, acting as fiscal agent on behalf of itself and Roanoke County, has been awarded a Cooperative Partnership grant in the amount of $225,472.00 to support its Restoration Housing for Women and Infants project. The OAA Board of Directors has invested considerable time and effort to ensure that Virginia allocates its share of the national opioid settlements in a manner that saves lives, restores families, and safeguards communities. This is a major challenge and will require a strengthening of partnerships between community-based organizations, local governments, state agencies, and many other stakeholders. Efforts such as the Restoration Housing for Women and Infants project have the potential to exemplify how we can work together to turn the tide of the opioid crisis in Virginia. receiving your acceptance and to working together on this important mission. Page 1 of 5 701 E. Franklin St, Ste 803, Richmond, VA 23219 804-500-1810 info@voaa.us Roanoke City Wayne Leftwich Planning Manager 215 Church Avenue SW Roanoke, Virginia 24011 wayne.leftwich@roanokeva.gov RE: Cooperative Partnership - Restoration Housing for Women and Infants The OAA will gladly assist you in any way we can to assure your plans are successful. Thanks and Regards, Cecil “Charlie” Lintecum Director of Operations 804-500-1811 clintecum@voaa.us www.voaa.us Cooperative Partnership funds will be transmitted to the fiscal agent. Matching funds transmitted by the OAA will be sent to the pledging city or county. This award transmittal will be a lump sum payment and not paid in installments or The performance period for fiscal year 2025 is July 1, 2024 - June 30, 2025. A report will be due by September 1, 2025, Attached to this letter are the financial details, contingencies, terms and conditions, the approved performance Please sign and return a copy of this award package to info@voaa.us. The OAA will be in touch if any additional COOP770302-0A02. VIRGINIA OPIOID ABATEMENT AUTHORITY www.voaa.us July 2, 2024 This letter confirms that on May 23, 2024, the Virginia Opioid Abatement Authority’s (OAA) Grants Committee voted to award $225,472.00 as a Cooperative Partnership grant to Roanoke City, acting as fiscal agent on behalf of itself and Roanoke County for fiscal year 2025 to support Restoration Housing for Women and Infants. Page 2 of 5 OAA Award Acceptance Package FY2024 FY2025 Total Project Cost Roanoke City Total OAA Awards $0.00 $225,472.00 Project Title:Restoration Housing for Women and Infants Grant Number: OAA Grant Award(s)OAA Matching Grant Award(s)Non-OAA Matching Funds OAA Grant Type(s)FY2024 FY2025 OAA Matching Grant Type(s)FY2024 FY2025 Non-OAA Matching Type(s)FY2024 FY2025 $0.00 $225,472.00 $0.00 $0.00 $0.00 $55,000.00 Cooperative Partnership $0.00 $0.00 Gold Standard $0.00 $0.00 General Funds $0.00 $0.00 Cooperative Planning $0.00 $0.00 Individual Forward $0.00 $0.00 Other Funds [Robert H. Doris Seay Charitable $0.00 $80,000.00 Unrestricted $0.00 $0.00 Gold Standard $0.00 $0.00 Expected Other $0.00 $42,000.00 Total OAA Grant Award(s)$0.00 $225,472.00 Total OAA Matching Grant Award(s) $0.00 $0.00 Other Funds [Aetna/CVS]$0.00 $400,000.00 Total Non-OAA Matching Funds $0.00 $577,000.00 Non-OAA Matching Funds are not awarded by OAA, however their inclusion in an OAA award designates them a contingent revenue for the awarded project. OAA Award Financial Details Matching Grant and Non-OAA Matching Funds details for each partner are available on the subsequent page. OAA Matching Grant Funds will be transmitted to the matching city or county. Cooperative Partnership Funds will be transmitted to the fiscal agent city or county. This space intentionally left blank. COOP770302-0A02 Page 3 of 5 OAA Award Acceptance Package FY2024 FY2025 Total Project Cost $0.00 $577,000.00 Roanoke City Total OAA Matching Awards $0.00 $0.00 Project Title:Restoration Housing for Women and Infants Grant Number:COOP770302-0A02 Matching City or County*Matching City or County*Matching City or County* OAA Matching Grant Award(s)OAA Matching Grant Award(s)OAA Matching Grant Award(s) OAA Matching Grant Type(s)FY2024 FY2025 FY2024 FY2025 FY2024 FY2025 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Individual Distribution Carry $0.00 $0.00 Individual $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total OAA Matching Grant Award(s) $0.00 $0.00 Total OAA Matching Grant Award(s) $0.00 $0.00 Total OAA Matching Grant Award(s) $0.00 $0.00 Non-OAA Matching Funds Non-OAA Matching Funds Non-OAA Matching Funds Non-OAA Matching Type(s)FY2024 FY2025 FY2024 FY2025 FY2024 FY2025 $0.00 $27,500.00 Direct Distribution $0.00 $27,500.00 Direct $0.00 $0.00 General $0.00 $0.00 General $0.00 $0.00 General $0.00 $0.00 $0.00 $42,000.00 Other $0.00 $0.00 Other $0.00 $0.00 $0.00 $80,000.00 Donations $0.00 $0.00 Donations $0.00 $0.00 $0.00 $400,000.00 $0.00 $0.00 $0.00 $0.00 Total Non-OAA $0.00 $549,500.00 Total Non-OAA $0.00 $27,500.00 Total Non-OAA $0.00 $0.00 Matching City or County*Matching City or County*Matching City or County* OAA Matching Grant Award(s)OAA Matching Grant Award(s)OAA Matching Grant Award(s) OAA Matching Grant Type(s)FY2024 FY2025 FY2024 FY2025 FY2024 FY2025 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Distribution Carry $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Gold Standard $0.00 $0.00 Gold Standard $0.00 $0.00 Total OAA Matching Grant Award(s) $0.00 $0.00 Total OAA Matching Grant Award(s) $0.00 $0.00 Total OAA Matching Grant Award(s) $0.00 $0.00 Non-OAA Matching Funds Non-OAA Matching Funds Non-OAA Matching Funds Non-OAA Matching Type(s)FY2024 FY2025 FY2024 FY2025 FY2024 FY2025 $0.00 $0.00 Direct Distribution $0.00 $0.00 Direct $0.00 $0.00 General $0.00 $0.00 General $0.00 $0.00 General $0.00 $0.00 Other $0.00 $0.00 Other $0.00 $0.00 Other $0.00 $0.00 Donations $0.00 $0.00 Donations $0.00 $0.00 Donations $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Non-OAA Matching Funds $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 * Please note that matching city or county OAA Awards will be transmitted directly to the respective city or county. OAA Award Cooperative Partnership Matching Details Page 4 of 5 OAA Award Acceptance Package Contingencies and Signature Accepting Award Roanoke City Total Non-OAA Funds $0.00 $577,000.00 Total OAA Awards Project Title:Restoration Housing for Women and Infants Grant Number:COOP770302-0A02 On behalf of The City of Roanoke (“City”) and as the recipient of this award acting as the fiscal agent on behalf of the City Virginia Opioid Abatement Authority Grant Award Terms and Conditions for Cooperative Partnerships of Cities and Counties . More specifically, I acknowledge my obligations under said document with respect to the “Use of Funds” in Section 2, to refrain from “False Statements” as described in Section 10, not to misuse the award and thus incur a debt as described in Section 11 and agree to use the award only for the purposes described in the application and/or award as set out in Section 20. Should the OAA determine that I have incurred a debt pursuant to Section 11, the OAA in its discretion will require the debt: (1) to be paid promptly, (2) to be paid according to a mutually agreeable arrangement, or (3) to be collected by taking this award, all items contained in and attached to the application resulting in this award, all other information contained before the OAA will transmit the funds: • Should at any time during the life of the award, any subsequent awards, and/or pursuant to any agreement • Completion of operational agreement amongst all partner cities and/or counties Page 5 of 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 20, 2024 ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS IN THE AMOUNT OF $186,275 FROM THE VIRGINIA OPIOID ABATEMENT AUTHORITY ALONG WITH LOCAL MATCHES OF $48,000 FROM THE OPIOID ABATEMENT SETTLEMENT FUNDS RECEIVED BY ROANOKE COUNTY WHEREAS, the Opioid Abatement Authority (OAA) is an independent body, the purpose of which is to abate and remediate the opioid epidemic in the Commonwealth through financial support from the Fund in the form of grants, donations, or other assistance, for efforts to treat, prevent, and reduce opioid use disorder and the misuse of opioids in the Commonwealth; and WHEREAS, on March 26, 2024, a work session presentation to discuss Roanoke County's participation in the Spring 2024 Opioid Abatement Grant application window was held, and several individual and cooperative grant applications were submitted; and WHEREAS, the Virginia Opioid Abatement Authority has awarded Roanoke County individual grants to the following programs in the following amounts for the fiscal year 2025 to assist in the abatement and remediation of the opioid epidemic: 1. Partnership for Community Wellness--$146,275, with a County match from existing funds directly received from Opioid Abatement settlements of $16,500 for a total project of $162,775; and 2. Family Service of Roanoke Valley--$40,000, with a County match from existing funds directly received from Opioid Abatement settlements of $4,000 for a total project of $44,000; and WHEREAS, additionally the County, with the City of Roanoke, was successfully awarded cooperative grants to the following programs in the following amounts, of which the City of Roanoke will be fiscal agent for these projects: 1. Roanoke Valley Collective Response--$349,741 carryforward funds from fiscal year 2024, and no additional County match; and 2. Restoration Housing--$225,472, with a County match from existing funds directly received from Opioid Abatement settlements of $27,500, and a City match of $27,500; the City of Roanoke is administering this grant; and WHEREAS, the total amount of the grants awarded to the County of Roanoke is $206,775, which includes a local match of $20,500 that will be moved from the Opioid Abatement Settlement Fund and moved to the Grant Fund; and WHEREAS, an additional $27,500 will be paid out of the Opioid Abatement Settlement Fund to the City of Roanoke for our local match for the Restoration Housing Grant being administered by the City of Roanoke; 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 July 23, 2024, and the second reading was held on August 20, 2024. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $186,275 is hereby accepted and appropriated to the Grant Fund. 2. That the County’s matching sum of $20,500 be reallocated from the Opioid Abatement Settlement Fund and moved to the Grant Fund. 3. That an additional $27,500 will be paid out of the Opioid Abatement Settlement Fund to the City of Roanoke for our local match for the Restoration Housing Grant being administered by the City of Roanoke. 4. That this ordinance shall take effect from and after the date of adoption. Page 1 of 2 ACTION NO. ITEM NO. H.3 MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: BACKGROUND: DISCUSSION: FISCAL IMPACT: Page 2 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. Shawn Talmadge Chairman Virginia 9-1-1 Services Board Dorothy Spears-Dean, Ph.D. Deputy State Coordinator VDEM (804) 840-7260 Mary Binford PSC Coordinator VDEM (804) 536-8177 May 16, 2024 Dear Roanoke County PSAP: I am pleased to advise you that the Virginia 9-1-1 Services Board has approved your FY25 Data Maintenance and Data Transfer grant request on 5/9/2024. You have been awarded the following grant: Grant ID: FY25-DMDT-031 Award Amount: $5,000.00 Award Period Start: 7/1/2024 Award Period End: 6/30/2025 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 documentation for reimbursement must not be dated later than 6/30/2025, and reimbursement requests must be submitted by 7/31/2025. 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 mailbox: psapgrants@vdem.virginia.gov. Congratulations on your grant award! Sincerely, Marcus Grant 911 Program Grant Specialist Saving lives through effective emergency management and homeland security. “A Ready Virginia is a Resilient Virginia.” Page 1 of 2 ACTION NO. ITEM NO. H.4 MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: BACKGROUND: DISCUSSION: FISCAL IMPACT: Page 2 of 2 There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: The staff recommends that the Board approve the attached resolution requesting that VDOT accept Foxfield Lane into the Secondary System of State Highways. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 20, 2024 RESOLUTION REQUESTING ACCEPTANCE OF FOXFIELD LANE (WESTERN PORTION) OF SECTION 4 OF THE RIVER OAKS SUBDIVISION IN THE CATAWBA MAGISTERIAL DISTRICT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION (“VDOT”) SECONDARY SYSTEM OF STATE HIGHWAYS WHEREAS, the street described on the attached Form AM-4.3, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street meets the requirements established by the Virginia Department of Transportation’s Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street described on the attached Form AM-4.3 to the secondary system of state highways, pursuant to §33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. BE IT FURTHER RESOLVED, this Board hereby guarantees the performance of the street requested herein to become a part of the State maintained secondary system of state highways for a period of one year from the date of the acceptance of the referenced streets by VDOT into the secondary system of state highways. This Board will reimburse all costs incurred by VDOT to repair faults in the referenced streets and related drainage facilities associated with workmanship or materials as determined exclusively by VDOT. Foxfield Lane From: Int. 1167 To: End of its cul-de-sac 0.12 mi 40 ft 29 ft 15/21 houses Description Length ROW Width Services ROANOKE COUNTY DEPARTMENT OF DEVLOPMENT SERVICES ACCEPTANCE OF FOXFIELD COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Form AM 4.3 Form AM 4.3 (Rev 06/25/2024) by Resolution of the governing body adopted 8/20/2024 In Roanoke County ICR ID: 40020316 SSR Report of Changes in the Secondary System of State Highways CHANGE TYPE RTE NUM & STREET NAME CHANGE DESCRIPTION FROM TERMINI TO TERMINI LENGTH NUMBER OF LANES RECORDAT ION REFERENC E ROW WIDTH Addition Rt. 1364 - Foxfield Lane New subdivision street §33.2-705 Intersection with Millwheel Drive / route 1167 End of Cul-de-sac 0.1164 2 40 The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes to the secondary system of state highways. A Copy Testee Signed (County Official):__________________________________________________________ Project/Subdivision: River Oaks Section 4 Attachment A Page 1 of 2 ACTION NO. ITEM NO. H.5 MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: BACKGROUND: DISCUSSION: proposed recommendations Eliminate floating holidays and close on Presidents’ Day and Veterans Day Page 2 of 2 Below is Roanoke County’s Proposed Holiday Schedule for 2025: Proposed County- 2025 Holiday Schedule New Year's Day Wednesday, January 1 Martin Luther King Day Monday, January 20 Presidents' Day Monday, February 17 (closed not floating) Memorial Day Monday, May 26 Juneteenth Thursday, June 19 Independence Day Friday, July 4 Labor Day Monday, September 1 Veterans Day Tuesday, November 11 (closed not floating) Day Before Thanksgiving Wednesday November 26, (new) Close at 12:00pm Thanksgiving Day Thursday, November 27 Day After Thanksgiving Friday, November 28 Christmas Eve Wednesday, December 24 Christmas Day Thursday, December 25 Day after Christmas Friday December 26th (new proposed day) FISCAL IMPACT: The estimated fiscal impact of the proposed additional hours attributed to closing early the day before Thanksgiving and the day after Christmas is $250,000. This will impact the FY2026 budget, so we have time to include this in the proposed budget for FY2026. STAFF RECOMMENDATION: Staff recommends approval of the calendar year 2025 holiday schedule. Page 1 of 2 ACTION NO. ITEM NO. H.6 MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: BACKGROUND: cover the reasonable attorney’s or collection agency’s fees actually contracted for. Such attorney’s or collection agency fees shall not exceed twenty (20) percent of the taxes or Page 2 of 2 DISCUSSION: The Roanoke County Attorney’s Office handles collections of many kinds of unpaid accounts for Roanoke County (including collection of unpaid personal property taxes, unpaid business license taxes, etc.). The Treasurer of the County of Roanoke has identified a need to contract with an outside entity for the collection of certain delinquent tax accounts. The Virginia Code allows for such, and allows for the payment of attorney’s or collection agency fees not to exceed twenty (20) percent of the taxes or other charges so collected. This proposal recognizes that the costs of collection of delinquent accounts should be borne by those who have failed to meet their obligations, and not borne by the general Roanoke County citizenry. There have been no changes since the first reading of this ordinance held on July 23, 2024. FISCAL IMPACT: The fees imposed for informal collection efforts are chargeable against the delinquent taxpayer, so there is no fiscal impact to Roanoke County. In the event litigation is pursued by an outside entity for the collection of certain delinquent accounts, there may be costs associated in the litigation process to Roanoke County. STAFF RECOMMENDATION: Staff recommends the Board approve the ordinance. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 20, 2024 ORDINANCE AUTHORIZING THE TREASURER OF THE COUNTY OF ROANOKE TO CONTRACT FOR THE SERVICES OF A PRIVATE COLLECTION ATTORNEY TO ASSIST WITH THE COLLECTION OF DELINQUENT ACCOUNTS AND TO AUTHORIZE THE IMPOSITION OF A FEE TO COVER THE REASONABLE ATTORNEY’S OR COLLECTION AGENCY’S FEES ACTUALLY CONTRACTED FOR WHEREAS, Virginia Code § 58.1-3934 allows Virginia governing bodies to appoint or hire, with the approval of the treasurer and upon such terms as may be agreed upon, one or more attorneys to collect any local taxes or other charges which may have been delinquent for six months or more; and WHEREAS, Virginia Code § 58.1-3958 provides that the governing body of any county may impose, upon each person chargeable with delinquent taxes or other delinquent charges, fees to cover the reasonable attorney’s or collection agency’s fees actually contracted for; and WHEREAS, Virginia Code § 58.1-3958 limits the fees to cover the reasonable attorney’s or collection agency’s fees to no more than twenty (20) percent of the taxes or other charges so collected; and WHEREAS, the Treasurer of the County of Roanoke has identified a need to contract with an outside entity for the collection of certain delinquent tax accounts ; and WHEREAS, it is in the interest of the County to contract with an outside entity to assist with the collection of delinquent accounts and other charges ; and WHEREAS, the first reading of this ordinance was held on July 23, 2024, and the second reading was held on August 20, 2024. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That, pursuant to Virginia Code § 58.1-3934, the Board hereby authorizes the employment of the services of a private collection attorney to assist with the collection of delinquent accounts. 2. That, pursuant to Virginia Code § 58.1-3958, the Board hereby imposes, upon each person chargeable with delinquent taxes or other delinquent charges, the maximum permitted fees to cover the reasonable attorney’s or collection agency’s fees actually contracted for. 3. That this ordinance shall take effect from and after the date of adoption. Page 1 of 2 ACTION NO. ITEM NO. H.7 MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: BACKGROUND: property due to location plans for the “South Transmission Line Project” and the “Starkey Road Water Line Project.” The Deed of Gift for the property includes a restriction that the County will use the property for “utility projects only.” DISCUSSION: Page 2 of 2 install new, underground water pipes to provide an available municipal water source throughout a section of South Roanoke County. The WVWA’s project is titled “Poages Mill Water and Sewer Improvements.” In order to complete the work, the WVWA has requested easements from the Board of Supervisors across the property owned by the Board of Supervisors at 0 South Roselawn Drive. The WVWA has presented a Deed of Easement and a plat to Roanoke County staff, and the Roanoke County Attorney’s Office has reviewed and approved of the terms of the Deed of Easement. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the first reading of the ordinance, and schedule a second reading for the Board of Supervisors September 10, 2024 meeting. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 10, 2024 ORDINANCE AUTHORIZING THE GRANTING OF AN EASEMENT TO THE WESTERN VIRGINIA WATER AUTHORITY FOR WATER AND SEWER IMPROVEMENT PROJECTS WHEREAS, the Board owns a vacant parcel for utility purposes in Roanoke County, in the Windsor Hills Magisterial District, located at 0 South Roselawn Drive (and identified as Roanoke County Tax Map Number 086.03-01-38.00-0000); and WHEREAS, the WVWA has requested a new ten (10) foot temporary construction easement (containing 5,054 square feet) and a new permanent waterline easement (containing 1,326 square feet) on the County’s above-referenced property to install a new waterline extension in South Roanoke County; 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 August 20, 2024 and the second reading was held on September 10, 2024; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke 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 Western Virginia Water Authority for purposes of a new ten (10) foot temporary construction easement and the new permanent waterline easement. 2. That conveyance to the Western Virginia Water Authority of a new ten (10) foot temporary construction easement and a new permanent waterline easement as shown on the exhibit titled “EASEMENT PLAT FOR WESTERN VIRGINIA WATER AUTHORITY SHOWING NEW PERMANENT WATERLINE EASEMENT AND NEW 10’ TEMPORARY CONSTRUCTION EASEMENT BEING ACQUIRED FROM BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA SITUATED ON SOUTH ROSELAWN ROAD WINDSOR HILLS MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA” dated May 28, 2024, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County accepts and appropriates the payment of $1.00 as fair market value compensation for these easements. 4. That the County Administrator, Deputy County Administrator, or Assistant County Administrator, any of whom may act, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, including but not limited to signing a deed granting the easements with such changes as may be necessary and approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. Page 1 of 2 Prepared and Recorded By: Western Virginia Water Authority Consideration: $1.00, see exemption below 601 S. Jefferson St., Suite 300 Roanoke, Virginia 24011 Tax Map No. 086.03-01-38.00-0000 Return to same address noted above This Deed is exempt (i) from recordation taxes pursuant to Section 58.1-811 (A)(3) and (C)(5) of the Code of Virginia (1950), as amended, and (ii) from the payment of Clerk's fees pursuant to Section 17.1-266 of the Code of Virginia (1950), as amended. NOTICE TO THE CLERK: When indexing this instrument, please refer to the Western Virginia Water Authority Commonwealth Drive & Merriman Road Sanitary Sewer Replacement project THIS EASEMENT AGREEMENT, made this ________ day of _________________, 2024, by and between BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia (whether one or more, the "Grantor"); and the WESTERN VIRGINIA WATER AUTHORITY, a water and sewer authority created pursuant to Chapter 51 of Title 15.2 of the Code of Virginia (1950), as amended ("Grantee"). : W I T N E S S E T H : That for and in consideration of the sum of One Dollar ($1.00), paid in hand at and with the execution and delivery of this Easement Agreement, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with General Warranty and Modern English Covenants of Title unto the Grantee, its successors and assigns, the following described easements, to-wit: A new variable width RIGHT and EASEMENT of 1,326 square feet and a ten foot (10’) temporary construction easement to construct, install, improve, operate, inspect, use, maintain, repair or replace a water line or lines and communication infrastructure including but not limited to fiber optics cable together with related improvements including slope(s), if applicable (collectively, the “easement”), together with the right of ingress and egress thereto from a public road, upon, over, under, and across those tracts or parcels of land belonging to the Grantor, acquired by deed dated June 24, 1993, and recorded in the Clerk's Office for Circuit Court of the County of Roanoke, Virginia, as Deed Book 1429, Page 01449 and designated on the Land Records as Tax Map No. 086.03-01-38.00-0000 (the “Property”). The location of said easement is generally described on the exhibit attached hereto as “Exhibit A” and more particularly described as being centered over the constructed water line or lines. The Grantee agrees to restore and repair any actual damage to Grantor’s property which may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. 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 condition at the time the easement was granted, and that the Grantor will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents shall have the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way endangers or interferes with the proper use of the same. The Grantor covenants that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantor acknowledges that the plans for the aforesaid project as they affect the Property have been fully explained to Grantor or Grantor’s authorized representative. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by the Grantee or its assigns and further grantees shall remain the property of the Grantee or its Page 2 of 2 assigns and further grantees. The easement herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantor covenants and agrees for themselves, and for their heirs, successors, successors in title, executors, legal representatives and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement herein granted. The grant and provision of this Easement Agreement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. To have and to hold unto the Grantee, its successors and assigns forever. WITNESS the following signature(s): GRANTOR:_______________________________________ Richard L. Caywood – County Administrator Approved as to form: _______________________________ County Attorney COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE to wit: The foregoing instrument was acknowledged before me this _______ day of _____________, 2024, by Richard L. Caywood , County Administrator, on behalf of the Grantor. ___________________________________ Notary Public My Commission Expires: My Registration Number is: GRANTEE: WESTERN VIRGINIA WATER AUTHORITY By: _________________________________ Dr. Irene T. Okioga, P.E. Title: Director – Engineering Services COMMONWEALTH OF VIRGINIA CITY OF ROANOKE to wit: The foregoing instrument was acknowledged before me this _______ day of ___________________, 2024, by Irene T. Okioga, PE, Director of Engineering Services for the Western Virginia Water Authority, on behalf of said corporation, Grantee. ___________________________________ Notary Public My Commission Expires: My Registration Number is: Mattern & Craig Mattern & Craig Page 1 of 2 ACTION NO. ITEM NO. H.8 MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: BACKGROUND: DISCUSSION: Page 2 of 2 There is no discussion on this item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for September 24, 2024. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. 8.428 ACRES OF 028.01-01-30.00-0000 IN ROANOKE COUNTY Roanoke County, Source : Es ri, Maxar, Earths tar Ge ographics , and the GIS Us e rCommunity Roanoke County, Virginia2019 0 Subject Parcels Aerial Map Dale Wilkinson 7812 & 0 Sanderson Drive Tax Map#'s 028.01-01-30.00-0000 & 028.01-01-29.00-0000 Magisterial District: Hollins Current Zoning: I-1 Proposed Zoning: R-3 I1I1 R1R1 I1SI1S R1SR1S R3R3 I2I2 Roanoke Cou nty, Virg inia 2019 Roanoke Cou nty, Virg inia2019 0 Zoning Zoning Map Dale Wilkinson 7812 & 0 Sanderson Drive Tax Map#'s 028.01-01-30.00-0000 & 028.01-01-29.00-0000 Magisterial District: Hollins Current Zoning: I-1 Proposed Zoning: R-3 Subject Parcels PIPI NCNC Roanoke County, Virginia 2019 Roanoke County, Virginia2019 0 Future Land Use Future Land Use Map Dale Wilkinson 7812 & 0 Sanderson Drive Tax Map#'s 028.01-01-30.00-0000 & 028.01-01-29.00-0000 Magisterial District: Hollins Current Zoning: I-1 Proposed Zoning: R-3 Subject Parcels Page 1 of 2 ACTION NO. ITEM NO. H.9 MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: BACKGROUND: DISCUSSION: FISCAL IMPACT: Page 2 of 2 STAFF RECOMMENDATION: The staff recommends that the Board approve the attached resolution that VDOT accept Integrity Drive into the Secondary System of State Highways. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 20, 2024 RESOLUTION REQUESTING ACCEPTANCE OF INTEGRITY DRIVE (ROUTE 829) IN THE VALLEY GATEWAY BUSINESS PARK IN THE VINTON MAGISTERIAL DISTRICT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION (“VDOT”) SECONDARY SYSTEM OF STATE HIGHWAYS WHEREAS, the street described on the attached Form AM-4.3, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street meets the requirements established by the Virginia Department of Transportation’s Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition; and WHEREAS, on February 22, 2005, the Board adopted Resolution 022205.5b requesting acceptance of Integrity Drive into the Virginia Department of Transportation Secondary System; and WHEREAS, on February 22, 2005, the Board adopted Ordinance 022205 -10 authorizing the vacation, quitclaim, and release of all easements within the right -of-way of Integrity Drive upon the acceptance of Integrity Drive into the Virginia Department of Transportation Secondary System and the issuance of a land use permit by the Virginia Department of Transportation permitting existing waterlines and sewer mains to continue to operate in Integrity Drive right-of-way; and WHEREAS, prior to the adoption of Ordinance 022205 -10, the Western Virgnia Water Authority submitted Land Use Permit Application No. 251622 requesting the ability to operate existing waterlines and sewer mains in Integrity Drive right-of-way; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street described on the attached Form AM -4.3 to the secondary system of state highways, pursuant to §33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. BE IT FURTHER RESOLVED, this Board hereby guarantees the performance of the street requested herein to become a part of the State maintained secondary system of state highways for a period of one year from the date of the acceptance of the referenced streets by VDOT into the secondary system of state highways. This Board will reimburse all costs incurred by VDOT to repair faults in the referenced streets and related drainage facilities associated with workmanship or materials as determined exclusively by VDOT. Integrity Drive From: Int. 829 To: End of its cul-de-sac 0.16 mi 80 ft 36 ft Industrial Access Description Length ROW Width Services ROANOKE COUNTY DEPARTMENT OF DEVLOPMENT SERVICES ACCEPTANCE OF FOXFIELD COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 20th DAY OF AUGUST 2024 ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF INTEGRITY DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Addition Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation’s Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, WHEREAS, on February 22, 2005, the Board adopted Resolution 022205.5b requesting acceptance of Integrity Drive into the Virginia Department of Transportation Secondary System, WHEREAS, on February 22, 2005, the Board adopted Ordinance 022205-10 authorizing the vacation, quitclaim, and release of all easements within the right-of-way of Integrity Drive upon the acceptance of Integrity Drive into the Virginia Department of Transportation Secondary System and the issuance of a land use permit by the Virginia Department of Transportation permitting existing waterlines and sewer mains to continue to operate in Integrity Drive right-of-way, WHEREAS, prior to the adoption of Ordinance 022205-10, the Western Virgnia Water Authority submitted Land Use Permit Application No. 251622 requesting the ability to operate existing waterlines and sewer mains in Integrity Drive right-of-way, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM-4.3 to the secondary system of state highways, pursuant to §33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. BE IT FURTHER RESOLVED, this Board hereby guarantees the performance of the street(s) requested herein to become a part of the State maintained secondary system of state highways for a period of one year from the date of the acceptance of the referenced streets by VDOT into the secondary system of state highways. This Board will reimburse all costs incurred by VDOT to repair faults in the referenced streets and related drainage facilities associated with workmanship or materials as determined exclusively by VDOT. Recorded Vote A Copy Teste: Moved by: _______________ Seconded by: ____________ Yeas: _____ ___________________________ Nays: _____ Richard L. Caywood, P.E. County Administrator / Clerk to the Board of Supervisors pc: Tarek Moneir, Director of Development Services Virginia Department of Transportation File Capital Unappropriated % of Board Expenditure Balance Revenues Contingency Contingency Reserves Unaudited balance as of June 30, 2024 29,191,800$ ‐$ ‐$ 9,058,432$ Approved Sources: Appropriated from 2024‐25 budget (Ordinance 052824‐3.a)‐ 50,000 ‐ 93,647 Appropriated from 2023‐24 budget amendment (Ordinance 072324‐6) 2,022,180 ‐ 650,291 1,500,000 Addition of 2023‐24 operations and close out of completed projects ‐ ‐ ‐ 158,263 Approved Uses: Appropriated for 2024‐25 budget (Ordinance 052824‐3.b)‐ ‐ ‐ (5,159,423) Appropriated for 2024‐25 budget (Ordinance 052824‐3.b)‐ ‐ ‐ (93,647) MOU regarding the joint capital funding approved on April 11, 2023 ‐ ‐ ‐ (5,000,000) Balance at August 20, 2024 31,213,980$ 12.0% 50,000$ 650,291$ 557,272$ County of Roanoke Unappropriated Balance, Board Contingency, and Capital Reserves Fiscal Year 2024‐2025 General Government Changes in outstanding debt for the fiscal year to date were as follows: Unaudited Outstanding Outstanding June 30, 2024 Additions Deletions August 20, 2024 VPSA School Bonds 69,781,182$ -$ 7,019,794$ 62,761,388$ Lease Revenue Bonds 78,395,000 - - 78,395,000 Subtotal 148,176,182 - 7,019,794 141,156,388 Premiums 11,056,810 - - 11,056,810 159,232,992$ -$ 7,019,794$ 152,213,198$ Submitted By Laurie L. Gearheart Director of Finance and Management Services Approved By Richard L. Caywood County Administrator Revenues Revenues Budget Revenues % of Budget Budget Revenues % of Budget Actuals % of Variance Real Estate Taxes $119,492,000 $3,433,935 2.87% $129,080,327 $3,640,127 2.82% $206,192 5.66% Personal Property Taxes 44,500,000 (15,643) -0.04% 44,500,000 (12,233) -0.03% 3,410 -27.87% Public Service Corp Base 4,220,000 0 0.00% 5,500,000 0 0.00% 0 0.00% Penalties & Interest on Property Taxes 1,130,000 23,161 2.05% 1,350,000 10,308 0.76% (12,853) -124.69% Payment In Lieu Of Taxes 210,000 0 0.00% 225,000 0 0.00% 0 0.00% Total General Property Taxes 169,552,000 3,441,453 2.03% 180,655,327 3,638,202 2.01% 196,748 5.41% Communication Taxes 2,550,000 0 0.00% 2,625,000 0 0.00% 0 0.00% Local Sales Tax 15,800,000 0 0.00% 17,000,000 0 0.00% 0 0.00% Consumer Utility Tax 3,750,000 0 0.00% 3,750,000 0 0.00% 0 0.00% Business License Tax 7,800,000 0 0.00% 9,100,000 0 0.00% 0 0.00% Franchise Tax 690,000 0 0.00% 750,000 0 0.00% 0 0.00% Motor Vehicle License Fees 2,450,000 0 0.00% 2,450,000 0 0.00% 0 0.00% Taxes On Recordation & Wills 1,650,000 0 0.00% 1,550,000 0 0.00% 0 0.00% Utility License Tax 575,000 0 0.00% 565,000 0 0.00% 0 0.00% Hotel & Motel Room Taxes 1,650,000 0 0.00% 2,050,000 0 0.00% 0 0.00% Taxes - Prepared Foods 6,100,000 0 0.00% 6,450,000 0 0.00% 0 0.00% Other Taxes 1,345,000 0 0.00% 1,355,000 (6,443) -0.48% (6,443) 100.00% Total Other Local Taxes 44,360,000 0 0.00% 47,645,000 (6,443) -0.01% (6,443) 100.00% Animal Control Fees 42,500 3,045 7.16% 42,500 1,248 2.94% (1,797) -144.05% Land and Building Fees 15,850 330 2.08% 18,000 360 2.00% 30 8.39% Permits 924,107 27,819 3.01% 1,112,872 33,474 3.01% 5,655 16.89% Fees 64,600 5,903 9.14% 64,600 (443) -0.69% (6,346) 1432.42% Clerk of Court Fees 127,000 14,436 11.37% 127,000 843 0.66% (13,593) -1613.24% COUNTY OF ROANOKE Comparative Statement of Budgeted and Actual Revenues General Fund - C100 For the One Month Ending Wednesday, July 31, 2024 Prior Year Current Year Variances Revenues Revenues Budget Revenues % of Budget Budget Revenues % of Budget Actuals % of Variance COUNTY OF ROANOKE Comparative Statement of Budgeted and Actual Revenues General Fund - C100 For the One Month Ending Wednesday, July 31, 2024 Prior Year Current Year Variances Photocopy Charges 210 0 0.00% 210 0 0.00% 0 0.00% Total Permits, Fees and Licenses 1,174,267 51,532 4.39% 1,365,182 35,481 2.60% (16,051) -45.24% Fines and Forfeitures 558,500 34,533 6.18% 558,500 525 0.09% (34,008) -6477.71% Total Fines and Forfeitures 558,500 34,533 6.18% 558,500 525 0.09% (34,008) -6477.71% Revenues from Use of Money 500,000 (62,879) -12.58% 1,229,586 23,216 1.89% 86,095 370.84% Revenues From Use of Property 185,014 18,240 9.86% 185,014 29,588 15.99% 11,349 38.36% Total Use of Money and Property 685,014 (44,639) -6.52% 1,414,600 52,805 3.73% 97,444 184.54% Charges for Services 3,750,400 35,100 0.94% 4,145,100 38,999 0.94% 3,899 10.00% Charges for Public Services 70,000 300 0.43% 80,000 310 0.39% 10 3.23% Education Aid-State 0 0 0.00% 0 0 0.00% 0 0.00% Total Charges for Services 3,820,400 35,400 0.93% 4,225,100 39,309 0.93% 3,909 9.94% Reimb-Shared Programs Salem 1,124,084 0 0.00% 1,396,800 0 0.00% 0 0.00% Miscellaneous Revenue 298,536 11,971 4.01% 303,200 9,849 3.25% (2,122) -21.54% Recovered Costs 950,000 34,996 3.68% 1,050,000 31,229 2.97% (3,767) -12.06% Total Miscellaneous 2,372,620 46,967 1.98% 2,750,000 41,078 1.49% (5,889) -14.34% Non-Categorical Aid 418,000 0 0.00% 418,000 0 0.00% 0 0.00% Shared Expenses 6,199,847 488,043 7.87% 6,371,084 1,187 0.02% (486,856) -41019.14% Revenues Revenues Budget Revenues % of Budget Budget Revenues % of Budget Actuals % of Variance COUNTY OF ROANOKE Comparative Statement of Budgeted and Actual Revenues General Fund - C100 For the One Month Ending Wednesday, July 31, 2024 Prior Year Current Year Variances Welfare & Social Services-Categorical 4,786,943 0 0.00% 5,425,000 0 0.00% 0 0.00% Other State Categorical Aid 2,468,805 52,478 2.13% 2,523,710 66,127 2.62% 13,649 20.64% Welfare & Social Services 6,550,000 0 0.00% 6,765,000 0 0.00% 0 0.00% Education Aid-Federal 0 0 0.00% 0 0 0.00% 0 0.00% Other Categorical Aid 0 0 0.00% 0 0 0.00% 0 0.00% Total State and Federal Revenue 20,423,595 540,521 2.65% 21,502,794 67,314 0.31% (473,207) -702.98% Other Financing Sources 3,900,878 0 0.00% 365,000 0 0.00% 0 0.00% Total Other Financing Sources 3,900,878 0 0.00% 365,000 0 0.00% 0 0.00% Transfers 0 0 0.00% 0 0 0.00% 0 0.00% Total Transfers 0 0 0.00% 0 0 0.00% 0 0.00% Grand Totals 246,847,274 4,105,767 1.66% 260,481,503 3,868,270 1.49% (237,497) -6.14% Expenditures Exp & Encum Expenditures Exp & Encum % of Budget & Encumbrances % of Budget Budget & Encumbrances % of Budget Actuals Variance Legislative 496,434 28,545 5.75% 409,860 21,540 5.26% (8,386) -41.60% General & Financial Administration 9,686,100 707,272 7.30% 10,496,859 746,443 7.11% 19,867 2.76% Electoral Board & Officials 878,412 34,945 3.98% 1,038,250 37,697 3.63% 2,752 7.30% General Government Administration 11,060,946 770,762 6.97% 11,944,969 805,680 6.74% 14,234 1.83% Courts 1,824,442 158,119 8.67% 1,911,992 200,796 10.50% 28,823 16.20% Other Judicial Support 1,567,615 118,988 7.59% 1,819,030 141,398 7.77% 22,411 15.85% Judicial 3,392,057 277,107 8.17% 3,731,022 342,194 9.17% 51,234 16.05% Law Enforcement & Traffic Cont 19,147,546 1,540,590 8.05% 20,485,586 1,561,196 7.62% 90,957 5.88% Fire and Rescue 23,049,523 1,772,205 7.69% 25,510,476 1,984,658 7.78% 137,127 7.46% Correction & Detention 12,260,647 686,400 5.60% 12,827,609 856,420 6.68% 164,790 19.56% Animal Control 1,365,488 101,393 7.43% 1,305,828 111,618 8.55% 10,225 9.16% Public Safety 55,823,204 4,100,588 7.35% 60,129,499 4,513,892 7.51% 403,099 9.29% General Services Administration 1,104,225 60,959 5.52% 1,162,947 98,261 8.45% 37,729 38.40% Refuse Disposal 5,830,467 329,829 5.66% 6,228,560 305,974 4.91% (22,885) -8.43% Maint Buildings & Grounds 5,286,786 469,329 8.88% 5,970,277 447,800 7.50% 34,947 8.17% Engineering 2,582,251 189,491 7.34% 2,851,962 177,895 6.24% (5,435) -3.08% Inspections 1,193,331 78,776 6.60% 1,132,091 89,907 7.94% 11,131 12.38% Garage Complex 0 0 0.00% 0 0 0.00% 0 0.00% Public Works 15,997,060 1,128,385 7.05% 17,345,837 1,119,837 6.46% 55,487 5.22% Mental Health 0 0 0.00% 0 0 0.00% 0 0.00% Public Health 579,181 144,795 25.00% 767,419 0 0.00% (144,795) 0.00% Social Services Administration 9,642,017 645,837 6.70% 10,856,721 742,647 6.84% 109,997 14.81% Comprehensive Services Act 0 0 0.00% 0 0 0.00% 0 0.00% Public Assistance 4,918,666 352,815 7.17% 4,918,666 407,729 8.29% 54,914 13.47% Social Services Organizations 0 0 0.00% 0 0 0.00% 0 0.00% COUNTY OF ROANOKE Comparative Statement of Budgeted and Actual Expenditures and Encumbrances General Fund - C100 For the One Month Ending Wednesday, July 31, 2024 Prior Year Current Year Variances Expenditures Exp & Encum Expenditures Exp & Encum % of Budget & Encumbrances % of Budget Budget & Encumbrances % of Budget Actuals Variance COUNTY OF ROANOKE Comparative Statement of Budgeted and Actual Expenditures and Encumbrances General Fund - C100 For the One Month Ending Wednesday, July 31, 2024 Prior Year Current Year Variances Health and Welfare 15,139,864 1,143,448 7.55% 16,542,806 1,150,377 6.95% 20,116 1.75% Parks & Recreation 3,166,375 246,397 7.78% 2,951,935 281,871 9.55% 35,474 12.59% Library 4,865,913 336,962 6.92% 5,221,194 356,129 6.82% 8,124 2.36% Cultural Enrichment 0 0 0.00% 0 0 0.00% 0 0.00% Parks, Recreation & Cultural 8,032,288 583,360 7.26% 8,173,129 638,000 7.81% 43,598 6.97% Planning & Zoning 1,874,396 187,495 10.00% 1,922,932 189,986 9.88% 21,052 16.79% Cooperative Extension Program 115,391 12 0.01% 145,391 2 0.00% (11) -604.52% Economic Development 590,862 195,706 33.12% 680,371 120,575 17.72% 55,427 56.15% Public Transportation 510,000 0 0.00% 510,000 138 0.03% 138 100.00% Contribution to Human Service Organizations 0 0 0.00% 0 0 0.00% 0 0.00% Planning 3,090,649 383,214 12.40% 3,258,694 310,701 9.53% 76,607 34.17% Employee Benefits 2,458,302 122,542 4.98% 3,260,820 81,685 2.51% (40,857) -50.02% Dixie Caverns Landfill Cleanup 62,700 3,180 5.07% 62,700 597 0.95% (2,583) -432.43% Miscellaneous 10,946,943 1,586,001 14.49% 10,899,642 915,384 8.40% (670,617) -73.26% Tax Relief/Elderly & Handicapp 1,110,000 947,319 85.34% 1,694,060 1,091,533 64.43% 144,214 13.21% Refuse Credit Vinton 225,000 0 0.00% 225,000 0 0.00% 0 0.00% Board Contingency 3,632,275 0 0.00% 50,000 0 0.00% 0 0.00% Unappropriated Balance 0 0 0.00% 0 0 0.00% 0 0.00% Non-Departmental 18,435,220 2,659,041 14.42% 16,192,222 2,089,198 12.90% (569,843) -27.28% Interfund Transfers Out 109,800,809 19,002,055 17.31% 116,861,844 20,058,815 17.16% 1,056,760 5.27% Intrafund Transfers Out 6,075,177 2,634,650 43.37% 6,301,481 693,907 11.01% (1,940,744) -279.68% Transfers Out 115,875,986 21,636,705 18.67% 123,163,325 20,752,722 16.85% (883,983) -4.26% Grand Totals 246,847,274 32,682,608 13.24% 260,481,503 31,722,601 12.18% (789,454) -2.52% 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: August 20, 2024 AGENDA ITEM: Accounts Paid – July 2024 SUBMITTED BY: Laurie L. Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors -$ -$ 21,278,483.42$ Payroll 07/05/24 2,065,464.14 33,315.16 2,098,779.30 Payroll 07/19/24 2,228,657.29 25,529.74 2,254,187.03 Manual Checks - - - Grand Total 25,631,449.75$ A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. Page 1 of 2 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: August 20, 2024 AGENDA ITEM: Work Session to review progress on the Safe Streets and Roads For All Comprehensive Safety Action Plan SUBMITTED BY: APPROVED BY: Richard L. Caywood County Administrator ISSUE: A work session will be held to review progress on the Safe Streets and Roads For All Comprehensive Safety Action Plan. BACKGROUND: The Bipartisan Infrastructure Law established the SS4A Discretionary Grant Program to fund initiatives to prevent roadway deaths and serious injuries. The U.S. Department of Transportation has appropriated $5 billion for the SS4A program with funds split between Planning and Implementation grants. The SS4A program provides eighty percent (80%) Federal funding for a twenty percent (20%) local match. Applicants must first have an eligible Safety Action Plan in place in order to apply for Implementation Grants in subsequent grant rounds. Staff requested and were awarded an Action Plan Grant for development of a Comprehensive Safety Action Plan in partnership with the Town of Vinton and Botetourt County. Events and milestones to date include: · September 13, 2022: Board of Supervisors approved a resolution of support and funding commitment for the grant · September 15, 2022: Application submitted · January 31, 2023: Award notification · April 27, 2023: Grant agreement executed with the U.S. Department of Transportation Page 2 of 2 · July 11, 2023: Board of Supervisors accepted and appropriated funding · November 17, 2023: Notice to Proceed issued to Timmons Group · April 29 and May 2, 2024: First round of Roanoke County community meetings · August 6, 2024: Planning Commission update · August 20, 2024: Board of Supervisors update DISCUSSION: Future events and milestones are anticipated to include: · September 5, 2024: Open house-style community meeting at the Hollins Library from 5:00 p.m. to 7:00 p.m. to review and comment on draft safety improvement recommendations · September 9, 2024: Open house-style community meeting at the South County Library from 5:00 p.m. to 7:00 p.m. to review and comment on draft safety improvement recommendations · December 2024: Presentations to the Planning Commission and Board of Supervisors on the draft Plan · January 2025: Draft Plan to be released for public comment and Planning Commission work session · February 2025: Public hearings to be held with the Planning Commission and Board of Supervisors to consider adopting the Comprehensive Safety Action Plan as part of the Roanoke County 200 Plan The Action Plan will include crash analysis and mapping, strategic project prioritization, community engagement and detailed conceptual plans and estimates for each locality’s top prioritized project. It is anticipated that these top projects would then be submitted for funding as SS4A Implementation Projects in early 2025. A resolution of support and match commitment would be requested from the Board of Supervisors prior to submission of an Implementation Grant application. FISCAL IMPACT: None STAFF RECOMMENDATION: None Safe Streets & Roads For All (SS4A) Comprehensive Safety Action Plan Board of Supervisors Update August 20, 2024 Agenda •Project Background •Safe Streets & Roads for All (SS4A) Requirements •Crash Data Analysis •Community Engagement •Schedule •Questions / Discussion Project Background •Spring 2022: United States Department of Transportation (USDOT) Safe Streets and Roads for All (SS4A) grant program announced •September 2022: Roanoke County, Botetourt County and Town of Vinton application for funds to develop a Comprehensive Safety Action Plan •January 2023: SS4A funds awarded to develop a Comprehensive Safety Action Plan •April 2023: Agreement executed with the Federal Highway Administration (FHWA) •November 2023: Notice to Proceed issued to Timmons Group for the SS4A Study •Spring 2025: Intent to pursue SS4A Implementation Grants Types of SS4A Grants •Action Plan Grants (Planning and Implementation Grants): •Develop a Comprehensive Safety Action Plan (Action Plan) •Identify the most significant roadway safety concerns, and develop projects and strategies to address safety issues •Action Plan will result in one project for each locality to be worked up and submitted for implementation funding in Spring 2025 •Implementation Grants: •Carry out projects and strategies identified in Action Plan to address a roadway safety problem •Applicants must have an eligible Action Plan in place before applying to implement projects and strategies SS4A Action Plan Requirements •Leadership commitment and goal setting •Planning structure •Safety analysis •Engagement and collaboration •Equity •Policy and process changes •Strategy and project selections •Progress and transparency Crash Data Analysis https://www.arcgis.com/apps/dashboards/a85a20fee3104a60b8355544a654578f Roanoke County SS4A Dashboard Roanoke County SS4A Dashboard Crash Analysis Trends •Top Crash Types •Fixed Object Off Road (38%) •Angle (25%) •Rear End (14%) •Most crashes occur during clear weather conditions (87%), daylight hours (67%), and a dry roadway (84%). •Common Locations •Flashing Yellow Arrow Installations •Locations with Poor Sight Distance •Unsignalized Median Crossovers on 4-lane Divided Roadways Crash Analysis Background •Utilized the ESRI Traffic Crash Analysis Tool to reveal areas with the highest incidence of serious injury and fatal crashes and develop a High Injury Network (HIN) •The Tool uses methodologies outlined by the United States Road Assessment Program (usRAP) and the Federal Highway Administration (FHWA) •The tool creates roadway segments, assigns crashes to the segments, and creates risk maps. •Road networks are divided into segments with breakpoints at locations where the following things occur: •A route begins or ends. •The county name changes. •There is discontinuity in the route, such as a gap in mileposts. •The roadway type changes. •The annual average daily traffic (AADT) changes by 20 percent or more. •The speed limit category changes. Risk Maps and Analysis Output •The analysis generates four risk maps: •Crash Density: Crashes per mile of road. These segments represent areas where there may be the greatest opportunity to reduce crashes. •Crash Rate: Crashes per 100 million vehicle miles of travel. Illustrates the risk to an individual motorist while traveling through a given road segment. •Crash Rate Ratio:Ratio of the crash rate for a particular segment to the average crash rate for all segments of the same roadway type. Emphasizes segments that have above average crash rates for their roadway type. •Potential Crash Savings: Estimate of the number of crashes per mile that would be reduced if the crash rate for the road segment could be reduced to the average crash rate for similar road segments. Roanoke County Top 10 Corridors Roanoke County Top 10 Intersections Community Engagement Community Meetings •Spring 2024 –First Round of Community Engagement –Existing Conditions (16 attendees at Roanoke County meetings) •April 29th –Roanoke County (South) at the Brambleton Center Gymnasium •April 30th –Town of Vinton at the Vinton War Memorial •May 2nd –Roanoke County (North) at the Hollins Library •May 6th –Botetourt County (North) at Eagle Rock Elementary School •May 7th –Botetourt County (South) at the County Administration Building •Meeting exhibits included funded and proposed solutions in progress for high crash corridors and intersections •Paper and online surveys available from late May through late June •121 responses Survey Results –Intersections Highest Ranked Crash Intersections: 1.Challenger Avenue at Valley Gateway Boulevard 2.Williamson Road at Plantation Road 3.Electric Road at I-81 Southbound Ramps at Exit 141 Survey Results –Corridors Highest Ranked Crash Corridors: 1.Challenger Avenue (Route 460) From Roanoke City Line to Botetourt County Line 2.Electric Road (Route 419) From Brambleton Avenue to Roanoke City Line 3.Plantation Road (Route 115) (From Williamson Road to Hershberger Road) Survey Comments •Pedestrian and Cycling Infrastructure •Sidewalks and Bike Lanes: Requests for more sidewalks and bike lanes on main thoroughfares, Feather Rd, Hardy Rd, Washington Ave, and from the traffic circle to Bradshaw on 311. •Safe Bicycle Routes: A plea to maintain safe bicycle routes and to add bike lanes in specific areas, such as from Webster Drive to Goodwill and on Plantation Rd. •Calls for more pedestrian-friendly options, especially on main thoroughfares in neighborhoods like Stoneybrook Drive. Survey Comments •Dangerous Intersections and Roads •Rt 24E at Spring Grove Drive: Identified as a dangerous intersection, especially for new drivers from William Byrd High School who are forced to make U-turns. Lack of crosswalks for students is also a concern. •Colonial Ave and Electric Rd: The area is described as very dangerous, with a suggestion to add a stoplight near shopping centers to slow down traffic. •Electric Road Corridor: Frequent accidents are reported, with a request to install a traffic light in front of Promenade Park and reduce the speed limit from 45 to 35 mph. •Carvins Cove Rd and Rt.311: Mentioned as a problematic area, with drivers not paying attention to traffic and signals. Survey Comments •Speed and Traffic Control •Speed Enforcement: There are multiple calls for increased speed enforcement in various areas. •Traffic Lights: Suggestions include installing traffic lights at specific locations and adjusting the timing of lights to prevent accidents. There are multiple comments expressing concern about the flashing yellow lights on Challenger Avenue. •Stoplight at Route 24E and Spring Grove Drive: A stoplight is requested before a serious accident occurs involving a student. Schedule ·Summer 2024 –Draft Project Recommendations ·September 2024 –Second Round of Community Engagement –Draft Recommendations to Improve Safety at high crash intersections and corridors ·Tuesday, September 3rd from 5 to 7 p.m. –Botetourt County at Cloverdale Elementary School ·Wednesday, September 4th from 5 to 7 p.m. –Botetourt County at Colonial Elementary School ·Thursday, September 5th from 5 to 7 p.m. –Roanoke County (North) at the Hollins Library ·Monday, September 9th from 5 to 7 p.m. –Roanoke County (South) at the South County Library ·Tuesday, September 10th from 5 to 7 p.m. –Town of Vinton at the Vinton War Memorial ·Fall 2024 –Draft Action Plan ·December 2024 through February 2025 –Action Plan Review and Public Hearings with the Planning Commission and Board of Supervisors ·Spring 2025 –Apply for SS4A Implementation Grants Questions and Discussion Page 1 of 1 ACTION NO. ITEM NO. M.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: Certification Resolution SUBMITTED BY: Rhonda Perdue Chief Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: {Insert the Main Issue Here} BACKGROUND: {Brief Overview of Pertinent Information} DISCUSSION: FISCAL IMPACT: {Amount of funding required, if any, and the sources of funding} STAFF RECOMMENDATION: {Indicate the action that staff is recommending the Board take} AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 20, 2024 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member ’s knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. Page 1 of 6 ACTION NO. ITEM NO. N.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: The petition of Reed Road Solar 1, LLC to obtain a special use permit for a major utility service (solar farm) on approximately 36.48 acres of land zoned AR Agricultural/Residential District, located at 9150 Reed Road, Windsor Hills 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 a major utility service (solar farm). BACKGROUND: · The Roanoke County Zoning Ordinance defines utility services, major as “services of a regional nature which normally entail the construction of new buildings or structures such as generating plants and sources, electrical switching facilities and stations or substations, community wastewater treatment plants, and similar facilities. Included in this definition are also electric, gas, and other utility transmission lines of a regional nature which are not otherwise reviewed and approved by the Virginia State Corporation Commission.” · Utility services, major is a special use in the AR, Agricultural/Residential District. DISCUSSION: The Planning Commission held a public hearing on this application on June 4, 2024. Six (6) citizens spoke at the June 4th Planning Commission Public Hearing, three (3) in favor of the application, and three (3) opposed to it. Those who spoke in favor of the Page 2 of 6 application cited the economic and environmental benefits of solar energy systems, as well as the possibility that this project could catalyze additional development of solar energy systems in the region. Those who spoke in opposition to the application raised concerns about noise, aesthetics, compatibility with surrounding uses, potential trespassing, the unknowns associated with this type of infrastructure, and the amount of tax revenue the project would generate. The Planning Commission voted to continue the public hearing until August 6th to provide for a more thorough review and consideration of the revised application. Of particular concern were a one-time $50,000 donation to the County proposed by the applicant, and the options for generating tax revenue for the project. The Planning Commission continued the public hearing on this application on August 6, 2024. At this hearing, five (5) people spoke during the public hearing, one person in support, two people opposed, one person had questions, and another person represented Energy Right, who spoke in general terms on the benefits or solar energy projects. Those in support discussed the benefits of solar energy, job growth, environmental protection, and energy availability. Those opposed discussed erosion and water runoff concerns, impacts to wells, highest and best use for the property is not a solar energy project, marketability of surrounding homes, construction impacts, property values and buffers. The Planning Commission discussed the following: berms, buffers, special use permit conditions, decommissioning costs, solar energy subscription program, sureties, lighting, noise, stormwater, grading, runoff, construction impacts, construction schedule, solar panels, ground vegetation, property values, impacts to home values, visual impacts, surrounding zoning and land uses, and the future land use designation. The Planning Commission recommends approval of the special use permit for a major utility service on approximately 36+ acres with the following conditions: 1. The site shall be developed in substantial conformance with the concept site plan entitled “Special Use Permit Set - 9150 Reed Road, Bent Mountain, Virginia 24059” prepared by New Leaf Energy, Inc., revised July 11, 2024, subject to any changes required during the comprehensive site plan review process. 2. Wherever possible, topsoil should remain undisturbed. Disturbed topsoil shall remain on site to be used to support the growth of ground cover. Ground cover shall consist of native grasses and pollinator species. 3. The County may retain qualified third-party consultants to review portions of the site plan and to inspect the constructed facility as to any matters that may be outside County representatives’ area of expertise. The reasonable out-of-pocket costs incurred by the County for such review by qualified third -party consultants Page 3 of 6 shall be paid by the applicant. The third-party reviewers and the estimated costs will be submitted to the applicant for approval before the costs are incurred. The County may, in the alternative, accept reports of such review by qualified third - party consultants selected, retained, and paid by the applicant. 4. Per Virginia Code § 15.2-2288.8, the Applicant shall pay the County $50,000 (the “Fire Truck Payment”) for use towards a four-wheel drive fire truck vehicle to support the County’s fire response readiness in the Bent Mountain community, where the solar project is located. The Fire Truck Payment shall be paid to the County within ninety (90) days of building permit approval. 5. If the project secures a place in the Shared Solar program, prior to beginning commercial operation of the solar facility, the Applicant shall work in good faith and use its best efforts to identify residents of Bent Mountain and Roanoke County, Virginia to voluntarily subscribe to its community solar program (“Local Subscribers”). 6. After commercial operation has commenced, if operation ceases for 365 days consecutively, the County may notify the facility owner by certified mail and request information regarding the status of recommencing commercial operation. If an attempt to notify the facility operator via certified mail is unsuccessful, then notice may be posted on the property and the facility owner shall be deemed to have received lawful notice invoking the provisions of this condition. The facility owner shall send a response within 90 days of receipt of such notice providing information regarding the status of operations and an estimated timeline for recommencing commercial operations. If the facility owner fails to respond to the request, or if the County deems the provided timetable for recommencing commercial operations to be unreasonable, the County may hold a hearing before the Board of Supervisors following notice pursuant to Virginia Code § 15.2-2204. The Board of Supervisors may determine whether to allow the permit to remain, impose additional conditions regarding the timing of the commencement of commercial operations, or to revoke the permit and require decommissioning of the solar energy facility in compliance with the decommissioning plan established for the facility. 7. Decommissioning of the site shall be in substantial conformance with the Decommission Plan contained in the concept site plan entitled “Special Use Permit Set - 9150 Reed Road, Bent Mountain, Virginia 24059” prepared by New Leaf Energy, Inc., revised July 11, 2024. 8. Prior to the issuance of a building permit for the solar energy system, the applicant shall submit to the Zoning Administrator an itemized cost estimate of the work to be done to completely remove the entire solar energy system and Page 4 of 6 restore the site to its original condition. 9. The applicant shall submit a bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County in the amount of the itemized cost estimate approved by the Zoning Administrator. An updated itemized cost estimate along with an updated bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County shall be submitted and approved every five (5) years to reflect cost increases to remove the entire solar energy system and restore the site to its original condition. 10. During decommissioning of the site, the applicant will ensure the bond, irrevocable Letter of Credit, or other surety shall remain in full force and effect until the County has inspected the site and verified that the solar energy system has been removed and the site restored to its original condition, at which time the County shall promptly release the bond, irrevocable Letter of Credit, or other surety. 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 for a major utility service (solar far) on approximately 36.48 acres of land zoned AR Agricultural/Residential District with the following conditions: 1. The site shall be developed in substantial conformance with the concept site plan entitled “Special Use Permit Set - 9150 Reed Road, Bent Mountain, Virginia 24059” prepared by New Leaf Energy, Inc., revised July 11, 2024, subject to any changes required during the comprehensive site plan review process. 2. Wherever possible, topsoil should remain undisturbed. Disturbed topsoil shall remain on site to be used to support the growth of ground cover. Ground cover shall consist of native grasses and pollinator species. 3. The County may retain qualified third-party consultants to review portions of the site plan and to inspect the constructed facility as to any matters that may be outside County representatives’ area of expertise. The reasonable out-of-pocket costs incurred by the County for such review by qualified third -party consultants shall be paid by the applicant. The third-party reviewers and the estimated costs will be submitted to the applicant for approval before the costs are incurred. The Page 5 of 6 County may, in the alternative, accept reports of such review by qualified third - party consultants selected, retained, and paid by the applicant. 4. Per Virginia Code § 15.2-2288.8, the Applicant shall pay the County $50,000 (the “Fire Truck Payment”) for use towards a four-wheel drive fire truck vehicle to support the County’s fire response readiness in the Bent Mountain community, where the solar project is located. The Fire Truck Payment shall be paid to the County within ninety (90) days of building permit approval. 5. If the project secures a place in the Shared Solar program, prior to beginning commercial operation of the solar facility, the Applicant shall work in good faith and use its best efforts to identify residents of Bent Mountain and Roanoke County, Virginia to voluntarily subscribe to its community solar program (“Local Subscribers”). 6. After commercial operation has commenced, if operation ceases for 365 days consecutively, the County may notify the facility owner by certified mail and request information regarding the status of recommencing commercial operation. If an attempt to notify the facility operator via certified mail is unsuccessful, then notice may be posted on the property and the facility owner shall be deemed to have received lawful notice invoking the provisions of this condition. The facility owner shall send a response within 90 days of receipt of such notice providing information regarding the status of operations and an estimated timeline for recommencing commercial operations. If the facility owner fails to respond to the request, or if the County deems the provided timetable for recommencing commercial operations to be unreasonable, the County may hold a hearing before the Board of Supervisors following notice pursuant to Virginia Code § 15.2-2204. The Board of Supervisors may determine whether to allow the permit to remain, impose additional conditions regarding the timing of the commencement of commercial operations, or to revoke the permit and require decommissioning of the solar energy facility in compliance with the decommissioning plan established for the facility. 7. Decommissioning of the site shall be in substantial conformance with the Decommission Plan contained in the concept site plan entitled “Special Use Permit Set - 9150 Reed Road, Bent Mountain, Virginia 24059” prepared by New Leaf Energy, Inc., revised July 11, 2024. 8. Prior to the issuance of a building permit for the solar energy system, the applicant shall submit to the Zoning Administrator an itemized cost estimate of the work to be done to completely remove the entire solar energy system and restore the site to its original condition. Page 6 of 6 9. The applicant shall submit a bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County in the amount of the itemized cost estimate approved by the Zoning Administrator. An updated itemized cost estimate along with an updated bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County shall be submitted and approved every five (5) years to reflect cost increases to remove the entire solar energy system and restore the site to its original condition. 10. During decommissioning of the site, the applicant will ensure the bond, irrevocable Letter of Credit, or other surety shall remain in full force and effect until the County has inspected the site and verified that the solar energy system has been removed and the site restored to its original condition, at which time the County shall promptly release the bond, irrevocable Letter of Credit, or other surety. STAFF REPORT Petitioner: Reed Road Solar 1, LLC Request: To obtain a special use permit to operate a utility services, major on approximately 36.48 acres of land zoned AR, Agricultural/Residential District Tax Parcel: #103.00-02-10.02-0000 entitled “Special Use Permit Set – 9150 Reed Road, Bent Mountain, Virginia 24059” prepared by New Leaf Energy, Inc., revised July 11, 2024, subject to any changes required during the comprehensive site plan review process. 2. Wherever possible, topsoil should remain undisturbed. Disturbed topsoil shall remain on site to be used to support the growth of ground cover. Ground cover shall consist of native grasses and pollinator species. 3. The County may retain qualified third-party consultants to review portions of the site plan and to inspect the constructed facility as to any matters that may be outside the County’s areas of expertise. The reasonable out-of-pocket costs incurred by the County for such review by qualified third-party consultants shall be paid by the applicant. The third-party reviewers and the estimated costs will be submitted to the applicant for approval before the costs are incurred. The County may, in the alternative, accept reports of such review by qualified third- party consultants selected, retained, and paid by the applicant. 4. Per Virginia Code § 15.2-2288.8, the Applicant shall pay the County $50,000 (the “Fire Truck Payment”) for use towards a four-wheel drive fire truck vehicle to support the County's fire response readiness in the Bent Mountain community, where the solar project is located. The Fire Truck Payment shall be paid to the County within ninety (90) days of building permit approval. 5. If the project secures a place in the Shared Solar program, prior to beginning commercial operation of the solar facility, the Applicant shall work in good faith and use its best efforts to identify residents of Bent Mountain and Roanoke County, Virginia to voluntarily subscribe to its community solar program (“Local Subscribers”). 6. After commercial operation is reached, if the solar project is not operated for 365 days consecutively, the County may notify the facility owner by certified mail and request information regarding the status of recommencing commercial operation. If an attempt to notify the facility operator via certified mail is unsuccessful, then a notice shall be posted on the property. The facility owner shall send a response within 90 days of receipt of such notice providing information regarding the status of operations and an estimated timeline for recommencing commercial operations. If the facility owner fails to respond to the request, or if County deems the provided timetable for recommencing commercial operations to be unreasonable, the County may hold a hearing before the Board of Supervisors following notice pursuant to Va. Code Sec. 15.2-2204. The Board of Supervisors may determine whether to allow the permit to remain, impose additional conditions regarding the timing of the commencement of commercial operations, or to revoke with the decommissioning plan established for the facility. 7. Decommissioning of the site shall be in substantial conformance with the Decommission Plan contained in the concept site plan entitled “Special Use Permit Set – 9150 Reed Road, Bent Mountain, Virginia 24059” prepared by New Leaf Energy, Inc., revised July 11, 2024. 8. Prior to the issuance of a building permit for the solar energy system, the applicant shall submit to the Zoning Administrator an itemized cost estimate of the work to be done to completely remove the entire solar energy system and restore the site to its original condition. 9. The applicant shall submit a bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County in the amount of the itemized cost estimate approved by the Zoning Administrator. An updated itemized cost estimate along with an updated bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County shall be submitted and approved every 5 years to reflect cost increases to remove the entire solar energy system and restore the site to its original condition. 10. During decommissioning of the site, the applicant will ensure the bond, irrevocable Letter of Credit, or other surety shall remain in full force and effect until the County has inspected the site and verified that the solar energy system has been removed and the site restored to its original condition. At which time the County shall promptly release the bond, irrevocable Letter of Credit, or other surety. : Reed Road Solar 1, LLC is petitioning to obtain a special use permit to operate a utility services, major use on approximately 36.48 acres of land zoned AR, Agricultural/Residential District, located at 9150 Reed Road in the Windsor Hills Magisterial District. A small solar energy system is proposed for the subject parcel. The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use designation of this parcel as Rural Village. Rural Village is a future land use area where limited development activity has historically occurred and where suburban or urban development patterns are discouraged. 1. APPLICABLE REGULATIONS The Roanoke County Zoning Ordinance defines utility services, major as “services of a regional nature which normally entail the construction of new buildings or structures such as generating plants and sources, electrical switching facilities and stations or substations, community wastewater treatment plants, and similar facilities. Included in this definition are also electric, gas, and other utility transmission lines of a regional nature which are not otherwise reviewed and approved by the Virginia State Corporation Commission.” Section 30-83-11 of the Roanoke County Zoning Ordinance contains the following use and design standards for utility services, major: (A) General standards: 1. In considering an application for a special use permit, the planning commission and board of supervisors shall consider the justification for the location of the proposed utility service and any alternative locations which may be available. 2. The minimum lot size may be reduced as part of approval of the special use permit provided all setback and yard requirements are met and all other dimensional requirements are achieved. use permit, subject to any other height limitation contained in the section 30-72 and 30-73 of this ordinance. 4. No major utility service shall be located within one hundred (100) feet of an existing residence. 5. Except in the I-1 and I-2 districts, outdoor storage of materials and equipment, except during construction of the utility facility, shall be prohibited in association with a major utility service, unless specifically requested and approved as part of the special use permit. In the I-1 and I-2 districts outdoor storage areas shall comply with the screening provisions contained in section 30-92-4 (E). 6. Buildings and facilities shall be designed and constructed to be compatible with the surrounding area, so that these facilities or structures will not adversely affect nearby properties. 7. Except in the I-1 and I-2 districts, Type E screening and buffering consistent with section 30-92 of this ordinance shall be required, unless specifically modified as a part of the approved special use permit. 8. All sewer and water utility services shall be publicly owned and operated by a government agency unless otherwise recommended by the director of the utility department and approved by the board of supervisors. 9. Sewer and water utility services shall be designed with a service area and capacity consistent with the purposes of the respective zoning district and the recommendations of the community plan. If the special use permit is approved, comprehensive site plan and build plan review and approvals would be required. 2. ANALYSIS OF EXISTING CONDITIONS Background – The subject parcel is approximately 36.48 acres in size. There is a one-story single-family residence in the eastern portion of the parcel. The Roanoke County assessment records have estimated that this residence was built in 2008.The western portion of the parcel is currently used for cattle grazing and previously housed an apple orchard for roughly 50 years between around 1960 and around 2010. The property has been used continually for agriculture since the 1800s. The current owner, Mr. Glenn Reed, inherited the property. The boundaries of the subject parcel have been redrawn three times since 2004, most recently in March 2020. Reed Road, a private gravel road which serves the single-family residence on the subject parcel along with four other single-family residences, connects to Poor Mountain Road at the subject parcel’s eastern boundary and runs through the eastern portion of the parcel. An unimproved access road connects to Reed Road and runs through the south- central portion of the parcel. A wire fence is located approximately 90 feet behind the single-family residence and runs northwest-to-southeast across the entirety of the eastern portion of the parcel. This petition was previously heard at the June 4, 2024, Planning Commission Public Hearing. Five days prior to that, on May 30th, the applicant submitted a revised special use permit application. The revised special use permit application was not reflected in the Staff Report for this application at the June 4th public hearing but was reflected in the staff presentation at the public hearing. At the June 4th public hearing, the Planning Commission voted to continue the public hearing until August 6th to provide for a more thorough review and consideration of the revised application. Of particular concern were a one-time $50,000 donation to the County proposed by the applicant, and the options for generating tax revenue for the project. On June 11th, a joint Planning Commission-Board of Supervisors work session was held which featured a presentation by Energy Right, a solar advocacy nonprofit, as well as an extended conversation with Energy Right staff about solar energy issues. Also on June 11th, the applicant submitted calculations of estimated tax revenues from the project via different methods of taxation, as well as an estimated revenue sharing schedule. On July 16th, the applicant submitted a revised decommissioning estimate, and on July 17th, the applicant submitted a revised concept plan and a new noise exhibit showing anticipated noise levels at various distances from the solar energy system. On July 23rd, the consists of the May 30th special use permit application with the noise exhibit added, the decommissioning estimate replaced with the July 16th version, and the concept plan replaced with the July 17th version. entirely open field. Elevations range from 2,668 feet just west of Poor Mountain Road to 2,898 feet at the northern property boundary. Elevations in the eastern portion of the parcel rise steadily from Poor Mountain Road, reaching 2,697 feet at the intersection of Reed Road and the driveway to the single-family residence, and 2,702 feet at the beginning of the unimproved access road that runs through the south-central portion of the parcel. The single-family residence stands at approximately 2,695 feet. The wire fence that runs across the eastern portion of the parcel delineates the area maintained as lawn for the single-family residence from the area that is used for cattle grazing, which is characterized by taller grass. Elevations in the western portion of the parcel, where the bulk of the parcel’s acreage is located, rise from south to north. At the southern tip of the parcel, where the parcel boundary forms a “four corners” with three adjacent parcels, the elevation is 2,711 feet. From that point, elevations rise steadily to the parcel’s high point at its northern boundary. approximately 2,786 feet, then fall as low as 2,757 feet before rising steeply again to the parcel’s northern boundary. The largest stand of trees on the property consists of four (4) parallel rows of trees each measuring about 240 feet in length. This stand of trees is located in the cattle grazing area, immediately adjacent to the fence that separates the cattle grazing area from the single-family residence area. Another stand of trees is located directly on the other side of the fence in the single-family residence area. This stand of trees consists of five (5) parallel rows of trees which range from about 40 feet in length to about 100 feet in length. Immediately north of the unimproved access road in the south-central portion of the parcel are two (2) parallel rows of trees that each measure about 280 feet in length. All other trees on the property are planted in smaller groupings. The vast majority of trees are on the southern half of the parcel, there are very few north of the northern terminus of Reed Road. residences. Adjacent properties to the north and south, and some adjacent properties to the east, are zoned AR, Agricultural/Residential District. Other adjacent properties to the east are zoned AV, Agricultural/Village Center, and adjacent properties to the west are zoned AG-3, Agricultural/Rural Preserve District. The owner of the subject parcel, Mr. Glenn Reed, owns many of the parcels immediately adjacent to it. Community Outreach – Roanoke County hosted a community meeting at the Bent Mountain Center on May 9, 2024, with representatives from Reed Road Solar 1, LLC (New Leaf Energy) on hand to answer citizens’ questions, as well as Mr. Reed. The community meeting was attended by 34 people. Roanoke County received four (4) comment forms from citizens at the community meeting, three (3) of which express concerns about the proposal and one (1) of which expresses support. Aside from these comment forms, no additional citizen comments have been received concerning this application. In advance of the June 4th community meeting, approximately 189 letters were mailed to adjoining property owners. The letters contained the application information, an aerial map of the subject parcel, and community meeting and public hearing dates, along with direct contact information for staff and instructions on how to submit comments for the public hearings. Six (6) citizens spoke at the June 4th Planning Commission Public Hearing, three (3) in favor of the application, and three (3) opposed to it. Those who spoke in favor of the application cited the economic and environmental benefits of solar energy systems, as well as the possibility that this project could catalyze additional development of solar energy systems in the region. Those who spoke in opposition to the application raised concerns about noise, aesthetics, compatibility with surrounding uses, potential trespassing, the unknowns associated with this type of infrastructure, and the amount of tax revenue the project would generate. On June 14th, approximately 189 letters were again mailed to adjoining property owners, informing them of the th st adjoining property owners, clarifying the time at which the August 6th Planning Commission Public Hearing will be held. 3.ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture (Previous Submission, June 4th Public Hearing) – The submitted concept plan set shows the solar energy system being constructed on an 18.07-acre lease area in the western portion of the property. The small solar energy system, which is rated for four (4) megawatts, would consist mainly of an undetermined number of stationary solar panels arranged to face south in rows running east-to-west. It is estimated that approximately 5.72 acres of land would be covered under the panels themselves. The energy generated by the panels would travel via underground wire to electrical equipment housed on a concrete pad in the south-central portion of the parcel. The equipment on the concrete pad would convert the electricity to alternating current and send it through a partially buried power line that would feed the electricity into that grid at the existing power pole at the intersection of Poor Mountain Road and Reed Road. A 7-foot-tall security fence would be constructed around the entirety of the solar panels, the electrical equipment pad, and two stormwater management basins. A third stormwater management basin would be constructed outside of the fenced area in the southeastern portion of the parcel. Site Layout/Architecture (Current Submission, August 20th Public Hearing) – On the revised concept plan, the size of the lease area is increased to 18.82 acres. However, the total area proposed for access, utility, landscape, and stormwater easements has decreased from 11.24 acres in the original submission to 10.2 acres in the current submission, so the total area proposed to be utilized for the solar energy system has decreased from 29.31 acres in the original submission to 29.02 acres in the current submission. The small solar energy system is still rated for four (4) megawatts, and the proposed layout of the panels is unchanged, save for a few being moved from the eastern end of the system to the southeastern corner of the system, as the electrical equipment pad is now proposed to be constructed on the eastern end of the system as opposed to the southeastern corner. The lot coverage under panel is now estimated to be 5.7 acres, down slightly from 5.72 acres in the previous submission. The energy generated by the panels would travel via underground wire to electrical equipment on a concrete pad, which is now proposed to be located in the eastern portion of the proposed lease area to reduce noise impacts on adjoining properties. The revised submission shows an aerial detail as well as a vertical cross-section of the proposed electrical equipment pad. Two (2) 200 KvA transformers, sixteen (16) 250 kW inverters, a DAS pad, and a switchboard are proposed to be located on the electrical equipment pad. This equipment would convert the electricity to alternating current and send it through a partially buried power line that would feed the electricity into that grid at the existing power pole at the intersection of Poor Mountain Road and Reed Road, as proposed in the previous submission. The alignment of the proposed security fencing is changed slightly but is effectively in the same location as originally proposed. The proposed locations of the stormwater management basins are unchanged, but the shapes are changed slightly. single 20-foot-wide vehicle access gate in the south-central portion of the property. A 20-foot-wide gravel access driveway would be constructed on the path of the existing unimproved access road to provide access to this gate from Reed Road. This gravel access road will also provide direct access to the one (1) stormwater management basin that is proposed to be constructed outside of the fenced area. A gravel turnaround providing direct access to the electrical equipment pad would be constructed in the fenced area immediately inside of the vehicular access gate. The gate would remain locked at all times and only authorized personnel would be allowed into the fenced area. Access/Traffic Circulation (Current Submission, August 20th Public Hearing) – The fenced area would still be accessed via a single 20-foot-wide vehicle access gate in the south-central portion of the property, but the proposed location of the access gate is slightly farther east in the current submission than in the original submission. A 20-foot- wide gravel access driveway is still proposed be constructed on the path of the existing unimproved access road to provide access to this gate from Reed Road. In the current submission, this gravel access road is proposed to extend 270 feet farther north than in the original submission, to access the new proposed location of the electrical equipment pad. The gravel access road would still provide direct access to the one (1) stormwater management basin that is proposed to be constructed outside of the fenced area. In the current submission, the gravel turnaround is proposed adjacent to the new proposed location of the electrical equipment pad, on the eastern end of the solar energy system. Screening & Buffering (Previous Submission, June 4th Public Hearing) – When utility services, major uses are constructed on parcels not zoned I-1, Low Intensity Industrial District, or I-2, High Intensity Industrial District, a Type E buffer yard is required. As the subject parcel is zoned AR, Agricultural/Residential District, the proposed small solar energy system would require a Type E buffer yard. Per section 30-92-6(A) of the Roanoke County Zoning Ordinance, a Type E buffer yard must take one of the following two forms: Option 1 (Large Buffer, Minimal Landscaping) 75′ buffer For every 100′ consisting of: • One row of large deciduous trees (3) • One row of large evergreen trees (5) • One row of small deciduous trees (7) Option 2 (Smaller Buffer With More Landscaping/Screening) 50′ buffer For every 100′ consisting of: • One row of large deciduous trees (3) • One row of small evergreen trees (6) • One row of small deciduous trees (6—7) • 6′ screening Screening & Buffering (Current Submission, August 20th Public Hearing) – The Type E buffer yard requirement still applies. In the current submission, the Type E buffer yard is proposed to be located immediately outside of the security fence on all sides, whereas in the previous submission it was proposed to abut the northern property boundary. Within the Type E buffer yard, two berms are proposed to be constructed. One would be located on the eastern side of the solar energy system, will be 430 feet long, and will be 2 to 8 feet high. The other would be located on the southeastern side of the solar energy system and will be 480 feet long and 4 feet high. The revised concept plan shows cross sections of both berms with one row of evergreen trees on top. Studies Submitted - The applicant submitted the following studies with the special use permit application to assess the potential impacts of the proposed solar energy system: Wetland and Stream Delineation Report (LaBella Associates) – “LaBella delineated three intermittent streams within the Study Area. Linear footage of on-site stream is approximately 196 linear feet. The wetlands were identified based on the observed presence of hydrophytic vegetation, hydric soils, and wetland hydrology indicators. The streams were identified by evidence of an ordinary high-water mark and a defined bed and bank, and by evidence of baseflow (groundwater seepage). All identified and delineated wetlands and streams are considered to be jurisdictional to USACE–Norfolk District and DEQ Blue Ridge Region, under their respective jurisdictions, under the Clean Water Act. Any Project-related filling or disturbances within the delineated boundaries of all aforementioned WOTUS will require federal CWA Section 404 authorization through the USACE and a CWA Section 401 Water Quality Certification from the DEQ. Agency field verification of these boundaries is needed by the USACE and DEQ in order to obtain a preliminary Jurisdictional Determination (PJD). LaBella Associates can contact the USACE to schedule a field meeting to conduct a WOUS boundary confirmation. This process takes an average of three to four months depending on the availability of USACE personnel and USACE field office. If any potential impacts are proposed, a PJD is required in order to begin the permitting process through the applicable regulatory agencies.” (Appendix C, p. 5) DEQ = Virginia Department of Environmental Quality WOUS = Waters of the United States over which USACE and DEQ have jurisdiction WOTUS (sic) = WOUS Environmental Protected Resources Assessment (LaBella Associates) – “This assessment has revealed no recognized environmental conditions, controlled recognized environmental conditions, or significant data gaps in connection with the Subject Property.” (Appendix D, p. 28) Cultural Resource Risk Assessment (Hurt & Profitt) – The project’s Area of Potential Effects “has moderate potential (risk) to contain pre-contact period archaeological sites and moderate potential (risk) for the presence of historic period archaeological sites. In addition, there is the potential for National Register eligible architectural resources to be located within the project’s Area of Potential Effects. We recommend full coverage archaeological and architectural surveys be conducted in advance of any development of this Agencies Comments: The following agencies provided comments on this application: Office of Building Safety - All construction of solar facilities (panels, supporting structures, electrical systems, energy storage, etc.) will need to meet the requirements of the Virginia Construction Code in eﬀect at time of construction. Fire and Rescue – Fire and Rescue does not object to this project and it would not increase the services we provide. General Services – General Services has reviewed this request and does not see any issues or have any comments. Roanoke County Transportation – Roanoke County Transportation has no comments to offer. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use designation of this parcel as Rural Village. Rural Village is a future land use area where limited development activity has historically occurred and where suburban or urban development patterns are discouraged. ATTACHMENTS: Application Materials Maps (Aerial, Zoning, Future Land Use) AR District Regulation Reed Road Solar 1, LLC is petitioning to obtain a special use permit to operate a utility services, major use on 36.48 acres of land zoned AR, Agricultural/Residential District, located at 9150 Reed Road in the Windsor Hills Magisterial District. A solar energy system is proposed for the subject parcel. The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel is Rural Village. If the Planning Commission recommends approval, staff has suggested conditions dealing with substantial conformance to the concept site plan, topsoil retention, ground cover vegetation, possible use of third-party consultants, fire truck payment, shared solar program, commercial operation stoppage, decommissioning, and CASE NUMBER: #8-6/2024 PREPARED BY: Isaac Henry HEARING DATES: PC: August 6, 2024 BOS: August 20, 2024 Rural Village Future Land Use Designation Comment Forms Received at May 9th Community Meeting Citizen Comments – June 4th Planning Commission Public Hearing Transmittal Letter – June 4th Planning Commission Public Hearing Tax Revenue Estimates Estimated Revenue Sharing Schedule Decommissioning Estimate/Plan Special Use Permit Zoning Application 9150 Reed Road – Roanoke – VA DG Applicant: Reed Road Solar 1, LLC Reed Road Solar 1, LLC For Activities At: 9150 Reed Road (TP# 103.00-02-10.02-0000) Bent Mountain, VA 24509 Prepared by: New Leaf Energy, Inc. dba New Leaf Energy Development, Inc. 55 Technology Drive, Suite 102 Lowell, MA 01851 Dated: March 8, 2024 Revised: May 29, 2024 9150 Reed Road – Roanoke - VA DG Special Use Permit Application Roanoke County, Virginia Table of Contents EXECUTIVE SUMMARY ................................................................................................................... 1 SPECIAL USE PERMIT APPLICATION ............................................................................................. 3 SMALL SOLAR ENERGY SYSTEM – APPLICATION & PROCEDURES ........................................... 13 ENVIRONMENTAL INVENTORY ................................................................................................... 14 CULTURAL & HISTORIC RESOURCES……………….………………………………………………………………….15 OVERLAY DISTRICTS AND COMPREHENSIVE PLAN ................................................................... 15 FISCAL IMPACT ANALYSIS............................................................................................................ 16 VISUAL ANALYSIS / COMMUNITY MEETINGS ............................................................................. 17 DECOMMISSIONING PLAN .......................................................................................................... 17 ESTIMATED CONSTRUCTION SCHEDULE ................................................................................... 17 Table of Appendices APPENDIX A SIGNATURE AUTHORITY APPENDIX B ADJACENT PROPERTY OWNER LIST APPENDIX C WETLAND AND STREAM DELINEATION REPORT APPENDIX D ENVIRONMENTAL PROTECTED RESOURCES ASSESSMENT APPENDIX E CULTURAL AND HISTORIC RESOURCES APPENDIX F DECOMMISIONING ESTIMATE 9150 Reed Road – Roanoke - VA DG Special Use Permit Application Roanoke County, Virginia 1 | P a g e EXECUTIVE SUMMARY Reed Road Solar 1, LLC selected Tax Parcel 103.00-02-10.02-0000 on the lands of Glenn L. Reed within Roanoke County’s Agricultural/Residential District as the ideal location for a 4- MW Solar System. The parcel, consisting of ±36.8 acres is currently a mixture of orchard and pasture. The proposed facility will be situated near the western portion of the parcel consisting of approximately 18.82 acres and the remaining property will remain unchanged. The lot coverage under panel is 5.7 acres. The project will utilize an existing private drive from Poor Mountain Road. The proposed interconnection is located near the entrance of the private road along Poor Mountain Rd in accordance with the applicable electrical code and Appalachian Power requirements. A comprehensive environmental resource assessment was performed for the site, and three intermittent streams were identified within the study area. The assessment also included a review of state and federal databases for threatened or endangered species. There are three known species sited within or close proximity to the site that may require further coordination with USFWS. Historic resources were evaluated and the Study Area is located within two historic districts. Based on the results of the survey, H&P recommends that 33 historic architectural resources, including ten previously recorded individual resources, two previously recorded historic districts, and 21 newly identified historic resources, are located within 0.5 miles of the project area. Of those architectural resources 11 are potentially eligible for individual listing in the National Register of Historic Places, including five 9150 Reed Road – Roanoke - VA DG Special Use Permit Application Roanoke County, Virginia 2 | P a g e previously identified and six newly identified historic resources. Resources that were not determined individually eligible, may still be eligible as part of a district, so the 21 newly identified resources would be potentially eligible as contributing resources in the Bent Mountain Rural Historic District and/or Coles-Terry Rural Historic District. An architectural review of these structures is being conducted and a copy of the report will be submitted upon receipt. The project proposes an enhanced landscape buffer around the perimeter of the site. This buffer will mitigate the visual impact to the viewshed for surrounding homes. 9150 Reed Road – Roanoke - VA DG Special Use Permit Application Roanoke County, Virginia 3 | P a g e SPECIAL USE PERMIT APPLICATION The following pages contain the completed Special Use Permit Application (SUP) and permit fee (Check No. 1000) in the amount of $157.50. Refer to Appendix A for signature authority on behalf of the property owner. Appendix B contains the Adjacent Property Owners List. 2 County of Roanoke Community Development Planning & Zoning For Staff Use Only 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018 (540)772-2068 FAX (540) 776-7155 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 Phone: Cell #: Email: Contact for Legal Ads Owner’s name/address w/zip REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2-2232) REVIEW APPLICANTS (R/S/W/CP) IF NO, A VARIANCE IS REQUIRED FIRST (Rezoning). IF NO, A VARIANCE IS REQUIRED FIRST VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (V/W/AA) Appeal of Zoning Administrator’s decision to APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE R/S/W/CP V/AA R/S/W/CP V/AA R/S/W/CP V/AA I hereby certify that I am either the owner of the property or the owner’s agent or contract purchaser and am acting with the knowledge and consent f the owner. Owner’s Signature Consultation 8 1/2" x 11" concept plan Application fee Application Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property owners Date received: Received by: Application fee: PC/BZA date: Placards issued: BOS date: Case Number 3 Applicant The Planning Commission will study rezoning, special use permit waiver or community plan (15.2 -2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS 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. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. 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 . 6 ALL APPLICANTS a. 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 k. Existing utilities (water, sewer, storm drains) and connections at the site l. 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 Date 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 impos ed 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: 7 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 8 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. Effective date: April 19, 2005 Name of Petition Petitioner’s Signature Date 9150 Reed Road – Roanoke - VA DG Special Use Permit Application Roanoke County, Virginia 13 | P a g e SMALL SOLAR ENERGY SYSTEM – Application & Procedures The following addresses criteria within Roanoke County’s Zoning Ordinance. The County does not currently have an ordinance for Small Solar Energy Systems. Standards Applicable to Small Solar Energy Systems The project is located off of Poor Mountain Road. The project consists of the installation of solar modules and new energy storage equipment (i.e. on site batteries, stand alone storage, etc.). Per Roanoke County Geographical Information System (GIS) website the parcel is approximately 36.48 acres. The parcel (103.00-02-10.02-0000) is zoned Agriculture/Residential (AR). The facility will capture and convert UV rays to electricity and convey the renewable electricity into the local utility system. The site is setback at least 15ft. from the side and 25ft from the rear with the front being setback at least 30ft from the property line/right-of-way. The maximum height of the panels will not exceed 15ft and the system will be designed in accordance with Virginia Uniform Statewide Building Code and any applicable Federal and State regulations/standards. The site will be surrounded by a security fence and no signs or advertising will be posted unless required by the State and Federal agency. The solar panels are constructed with anti- 9150 Reed Road – Roanoke - VA DG Special Use Permit Application Roanoke County, Virginia 14 | P a g e glare coating to mitigate glare from the panels to adjoining properties or roads that may create a nuisance or safety hazard. The project will be buffered utilizing a 50-75 ft wide buffer with Type E screening. Environmental Inventory A “Waters of the U.S. Study” (WOUS) was performed by LaBella Associates, D.P.C. (LaBella) dated March, 2023 by LaBella Associates. The studies have been submitted for your review, see Appendix C. LaBella delineated three intermittent streams within the study area. Linear footage of on-site stream is approximately 196 linear feet. The remainder of the study area is considered to be open field for cattle grazing, an orchard area, and a residential area. These habitats lack wetland hydrology and hydric soils. The project will not impact these aquatic resources. Additionally, LaBella has performed a Phase I Environmental Site Assessment dated February 16, 2023 in conformance with the scope and limitations of ASTM Practice E 1527-13/21 for Reed Road, Bent Mountain, Virginia, the Subject Property. This assessment has revealed no recognized environmental conditions, controlled recognized environmental conditions, or significant data gaps in connection with the Subject Property. LaBella Associates, D.P.C. also performed a Threatened and Endangered (T&E) Species database review dated April 2023 for the site. Based on the results on this Environmental Protected Resources Desktop Assessment there is potential USFWS will impose surveys for northern long-eared bat and/or Indiana bat due to potential suitable habitat and documented observations within a 2-mile radius of the Study Area. LaBella answered questions through the IPaC determination key and based on the current project design the D-key reached a determination of “May Affect.” Alternatively, the project will utilize winter clearing when the species are within their hibernacula. Multiple DWR state-listed species’ observations were identified within a 2-mile radius of the Study Area. Little Brown Bat, northern long-eared bat and tri-colored bat are all terrestrial species with potential suitable habitat within the Study Area. The project will utilize winter clearing when the species are within their hibernacula. Additionally, the timber rattlesnake is a state-listed species however potential suitable habitat was not observed within the Study Area. The studies mentioned have been submitted for your review, see Appendix D. Federal Management Agency (FEMA) mapping indicates the site is located within Map ID 51161C0236G. The map indicates that there are no FEMA 100-Year Flood Zones associated 9150 Reed Road – Roanoke - VA DG Special Use Permit Application Roanoke County, Virginia 15 | P a g e with the Study Area. The closest FEMA 100-Year Flood Zone is approximately 1.4 miles northeast of the study area and is associated with Back Creek. Cultural & Historic Resources H&P recommends that 33 historic architectural resources, including ten previously recorded individual resources, two previously recorded historic districts, and 21 newly identified historic resources, are located within 0.5 miles of the project area. Of those architectural resources 11 are potentially eligible for individual listing in the National Register of Historic Places, including five previously identified and six newly identified historic resources. Resources that were not determined individually eligible, may still be eligible as part of a district, so the 21 newly identified resources would be potentially eligible as contributing resources in the Bent Mountain Rural Historic District and/or Coles-Terry Rural Historic District. The study has been submitted for your review, see Appendix E. Overlay Districts and Comprehensive Plan There appears to be no Overlay District surrounding the Development. The Comprehensive Plan has not been updated since 2005, though Roanoke County is currently in the process of updating the plan. The property has not been included in any of the current plans and studies adopted as a part of the Comprehensive Plan. The 2009 ‘Route 221 Area Plan’ is the closest to the property but it does not encompass it. However, the project does fall within the Bent Mountain Community Planning Area in the Roanoke County, Virginia 2005 Community Plan in which the Bent Mountain area discusses three general policies abided by within the community which are as follows: Natural Resource, Land Use, and Public Facilities. The purpose of the Natural Resource Policy is to promote the prevention of groundwater pollution and the remediation of any existing groundwater pollution. The Development will use all applicable standards and specifications to ensure the prevention of groundwater pollution. The purpose of the Land Use Policy is to ensure that the residents of Bent Mountain are empowered to shape their own community. In so doing they need a commitment from the County to promote an open and clear line of communication in relation to developments decisions which affect their community. The purpose is also to ensure that the design and scale of all future development shall be in harmony with the rural character of Bent Mountain. Buildings of different architectural design should be made compatible through the use of screens, landscaping, buffers, site breaks and materials. The development will adhere to the Land Use Policy, as there will be use of screens, landscaping, and buffers for the development to maintain the rural character of Bent Mountain. 9150 Reed Road – Roanoke - VA DG Special Use Permit Application Roanoke County, Virginia 16 | P a g e The Future Land Use Guide (Chapter 6 of the Comprehensive Plan) defines Rural Village as a future land use area where “limited development activity has historically occurred and where suburban or urban development patterns are discouraged”. The project will maintain the rural nature of this area as it is in harmony with the existing agriculture activities and low density residential growth. The purpose of the Public Facilities Policy is to promote the expansions and retention of public facilities such as the Bent Mountain Elementary School, Community Center, and the Public Library. The Development should not affect the Public Facilities, but generate additional tax revenue for the County that can be contributed to these public facilities without the added influx of residents to the area, preserving the rural character. According to the USDA Natural Resources Conservation – National Cooperative Soil Survey, the majority of the site is categorized as Farmland of Statewide Importance. While the project will involve the addition of solar panels, it is intended to be temporary land use for the term of its lease. Upon completion of its useful life, the solar farm will be decommissioned and the land restored to its original pre-project condition. This will provide the landowner with supplemental income needed without resorting to subdividing the property for future residential development, which would take away from the rural character. Refer to the section Decommissioning Plan below for additional information. Fiscal Impact Analysis The goal is for the project to participate in the Shared Solar program. Shared Solar allows customers to subscribe to a project and receive credits on their bill for their share of the project’s electricity production. In the Shared Solar program, customers with Appalachian Power bills will have the opportunity to subscribe to the solar project and receive bill savings on their utility bill that we’re estimating at 10%-15%. The proposed solar facility will be constructed using private funds and there is no public infrastructure required to support the facility. As such, there will be no capital, operations, maintenance, or replacement costs for public facilities needed to service the project. The project will not displace/terminate any current employment directly associated with the installation of the project on the property. The remaining areas and abutting fields owned by the landowner will continue to operate. The project will generate some temporary employment within the region during construction and a few long term opportunities associated with operation and maintenance of the facility. 9150 Reed Road – Roanoke - VA DG Special Use Permit Application Roanoke County, Virginia 17 | P a g e Visual Analysis The project is intended to minimize visual impacts to the surrounding community. The solar farm has been sited off of Poor Mountain Road. The visual impact from the public right-of- way will be minimized by the existing topography, the addition of landscaping and maintaining the existing grazed farmland along the right-of-way. The project’s landscape buffer will be provided for the solar farm. The buffering will be designed in coordination with local guidelines and staff input utilizing native species. Pollinator species will be considered within buffering and ground cover beneath panels where feasible. Decommissioning Plan Upon the project reaching the end of its life cycle/lease term, the project’s improvements will be removed and the land will be reverted to its pre-construction condition/use. The landscape buffer within the field areas will be cut and stumps removed. The foundations, subsurface utility lines, poles, concrete pads, electrical lines, fencing and access road will be removed and recycled or disposed of in accordance with waste management regulations. Please refer to the attached Decommissioning Plan and Estimate within Appendix F for an analysis on the probable cost of decommissioning the site and restoring it to pre- construction conditions based on the current SUP plans. Estimated Construction Schedule If the Special Use Permit is granted by the County, Reed Road Solar 1, LLC proposes to submit ministerial permit applications by Q4 2025, aiming to have permits in hand by Q3 2026. The facility would be constructed and commissioned by Q2 2027. T-1 TITLE PAGE PROJECT DIRECTORY PROJECT SCOPEGENERAL NOTES GENERAL ABBREVIATIONS LOCATION MAP AERIAL VIEW APPLICABLE CODES AND STANDARDS SP E C I A L U S E P E R M I T S E T 91 5 0 R E E D R O A D BE N T M O U N T A I N , V A 2 4 0 5 9 SPECIAL USE PERMIT SET 9150 REED ROAD, BENT MOUNTAIN, VIRGINIA 24059 4.00 MWAC RATED SOLAR ELECTRIC SYSTEM Sheet List Table SP E C I A L U S E P E R M I T S E T 91 5 0 R E E D R O A D BE N T M O U N T A I N , V A 2 4 0 5 9 POO R M O U N T A I N R O A D ( R O U T E 6 1 2 ) EXISTING CONDITIONS PLAN SP E C I A L U S E P E R M I T S E T 91 5 0 R E E D R O A D BE N T M O U N T A I N , V A 2 4 0 5 9 EXISTING CONDITIONS PLAN C-1.000100'200' POO R M O U N T A I N R O A D ( R O U T E 6 1 2 ) LAYOUT AND MATERIALS PLAN SP E C I A L U S E P E R M I T S E T 91 5 0 R E E D R O A D BE N T M O U N T A I N , V A 2 4 0 5 9 LAYOUT AND MATERIALS PLAN C-2.000100'200' 30 60 SCALE 1" = 20' 0 10 20 40 POO R M O U N T A I N R O A D ( R O U T E 6 1 2 ) SP E C I A L U S E P E R M I T S E T 91 5 0 R E E D R O A D BE N T M O U N T A I N , V A 2 4 0 5 9 GRADING AND EROSION CONTROL PLAN GRADING AND EROSION CONTROL PLAN C-3.000100'200' CONCEPTUAL LANDSCAPE PLAN LEGEND CONCEPTUAL LANDSCAPE PLAN C-4.0 00 100'200' SP E C I A L U S E P E R M I T S E T 91 5 0 R E E D R O A D BE N T M O U N T A I N , V A 2 4 0 5 9 PROPOSED GRADE EXISTING GRADE EXISTING GRADE PROPOSED GRADE TYPE E SCREENING (INSTALL EVERGREENS ON TOP OF BERM) TYPE E SCREENING (INSTALL EVERGREENS ON TOP OF BERM) C-4.0 CIVIL DETAILS 1 2 3 4 5 6 710 8 9 SILT FENCE CONCRETE WASHOUT BASIN SP E C I A L U S E P E R M I T S E T 91 5 0 R E E D R O A D BE N T M O U N T A I N , V A 2 4 0 5 9 4' WIDE PERSONNEL GATE CHAIN LINK FENCEVEHICLE GATE LIGHTING MOUNTING - DOWNLIGHTTYPICAL RACK SECTION & REAR ELEVATION STABILIZED CONSTRUCTION ENTRANCE STABILIZED CONSTRUCTION EXIT GRAVEL ACCESS ROAD POO R M O U N T A I N R O A D ( R O U T E 6 1 2 ) DECOMMISSION PLAN C-5.0 DECOMMISSION PLAN SP E C I A L U S E P E R M I T S E T 91 5 0 R E E D R O A D BE N T M O U N T A I N , V A 2 4 0 5 9 © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS POO R M O U N T A I N R O A D ( R O U T E 6 1 2 ) NOISE EXHIBIT NOISE EXHIBIT EX-100100'200' IN I T I A L D E S I G N P A C K A G E 91 5 0 R E E D R O A D BE N T M O U N T A I N , V A 2 4 0 5 9 C: \ U s e r s \ a k a v a n a u g h _ n e w l e a f e n \ B o x \ S a l e s f o r c e \ O p p o r t u n i t i e s \ 9 1 5 0 R e e d R d - R o a n o k e - V A D G \ 1 2 . C A D _ 9 1 5 0 R e e d R d \ C - X . 0 N O I S E E X H I B I T . d w g Roanoke County, Va 2022, Roanoke County, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Roanoke County, Virginia 2019 0 290 580145 Feet Date: 3/22/2024 1:4,514 Aerial Map Reed Road Solar 1, LLC 9150 Reed Rd Tax Map #: 103.00-02-10.02-0000 Lot Size: 36.78 acres Current Zoning: AR Proposed Zoning: ARS Proposed SUP for Utility Services, Major Magisterial District: Windsor Hills Subject Site Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 ARAR AG3AG3 AVAV Roanoke County, Va 2022, Roanoke County, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Roanoke County, Virginia 2019 0 290 580145 Feet Date: 3/22/2024 1:4,514 Zoning Map Reed Road Solar 1, LLC 9150 Reed Rd Tax Map #: 103.00-02-10.02-0000 Lot Size: 36.78 acres Current Zoning: AR Proposed Zoning: ARS Proposed SUP for Utility Services, Major Magisterial District: Windsor Hills Subject Site Agricultural/Residential (AR) Agricultural/Rural Preserve Zoning Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 (AG-3) Agricultural/Village Center (AV) RVRV RPRP VCVC Roanoke County, Va 2022, Roanoke County, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Roanoke County, Virginia 2019 0 290 580145 Feet Date: 3/22/2024 1:4,514 Future Land Use Map Reed Road Solar 1, LLC 9150 Reed Rd Tax Map #: 103.00-02-10.02-0000 Lot Size: 36.78 acres Current Zoning: AR Proposed Zoning: ARS Proposed SUP for Utility Services, Major Magisterial District: Windsor Hills Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 Subject Site Rural Village Rural Preserve Village Center Future Land Use ! ! ! ! ! Chapter 6: Future Land Use Guide Land Use Types: Rural Housing - Low-density single-family residential generally averaging one unit per acre. Cluster developments are encouraged. Rural Community Centers - Nonresidential uses which serve rural residents such as outdoor recreation and park facilities, religious assembly facilities, schools, fire and rescue stations and clubs. Agricultural Production and Services - Livestock, orchards and crop productions, landscape and horticultural services, veterinary services, farm labor and farm management services. Generally including all activities that support land based uses. Forest and Wood Products - Includes the operation of timber tracts, tree farms, forest nurseries and the gathering of forest products. Excludes sawmills and large-scale timber cutting operations. Small Scale Commercial - Limited commercial operations that serve the local, rural community. Included would be personal services and retail convenience stores. Rural Parks and Outdoor Recreation - Parks and recreational facilities that are designed to preserve the environmentally sensitive character of the rural landscape. Land Use Determinants: EXISTING LAND USE PATTERN - Locations where very low density residential, institutional and limited agricultural uses have developed. EXISTING ZONING - Locations where rural residential and agricultural zoning have been established. RURAL RESIDENTIAL EXPANSION AREAS - Locations where small scale, very low density rural residential housing is desirable. AGRICULTURAL - Locations where existing agricultural uses and activities are present. ACCESS - Locations served by an existing improved rural road and, to a lesser extent, rural arterial highways. RURAL SECTOR - Locations outside the urban service area. Rural Village: A future land use area where limited development activity has historically occurred and where suburban or urban development patterns are discouraged. These rural community and farming areas are generally in between the intense suburban development patterns already established in the County and the designated Conservation and Rural Preserve areas. June 3, 2024 Roanoke County Planning Commission Subject: Support for Reed Road Solar 1 LLC Project Dear Members of the Planning Commission, I am expressing my strong support for the Reed Road Solar 1 LLC project. As a resident of Roanoke County for over 50 years, I have witnessed ﬁrsthand the transformative power of renewable energy, particularly solar, in reducing energy costs and mitigating environmental impacts. Personally, my household's reliance on a ground solar array has signiﬁcantly reduced our summer electrical bills to less than $10 a month. This tangible beneﬁt underscores the immense potential of solar energy solutions to drive economic savings for residents, especially those who lack the infrastructure to own their systems but still seek renewable energy options. Professionally, as the Senior Director for the Physical Plant at a local K-12 public school district, I am thrilled to report that we are currently under contract for six solar roof arrays. These installations promise substantial ﬁnancial savings for our institution and demonstrate our commitment to sustainability and environmental stewardship. Additionally, in collaboration with Virginia Tech, one of our schools is developing a solar classroom for middle school students focused on agrivoltaics, which combines agriculture and solar energy production to maximize land use and efficiency. Such initiatives provide cost savings and enrich our educational environment by serving as tangible examples of responsible citizenship and environmental awareness for our students. My personal and professional experiences clearly show that the advantages of renewable energies far outweigh the impacts of fossil fuels. With each passing day, it becomes increasingly evident that embracing renewable energy sources is a moral imperative and a pragmatic choice for ensuring our community's long-term health and prosperity. Furthermore, I believe the proposed site for the solar project is ideal due to its low visibility and minimal traffic, which would minimize any disruption while maximizing the project's beneﬁts. In conclusion, I urge the Planning Commission to fully support the Reed Road Solar 1 LLC project. By doing so, we can pave the way for a more sustainable future in which solar energy plays a central role in powering our homes, schools, and businesses. Thank you for your time and consideration. Sincerely, Jeffrey S. Shawver 4860 Catawba Valley Drive Catawba, VA 24070 (540) 580-6280 Jeff.Shawver@gmail.com PETITIONER: Reed Road Solar 1, LLC CASE NUMBER: #8-6/2024 Board of Supervisors Consent 1st Reading Date: 5/28/2024 1st Planning Commission Hearing Date: 6/4/2024 2nd Planning Commission Hearing Date: 8/6/2024 A. REQUEST Reed Road Solar 1, LLC is petitioning to obtain a special use permit to operate a utility service, major on approximately 36.48 acres of land zoned AR, Agricultural/Residential District, located at 9150 Reed Road in the Catawba Magisterial District. B. CITIZEN COMMENTS Six citizens spoke at the public hearing, three in favor of the application and three opposed to it. The property owner, Glenn Reed, spoke in favor of the application (he is not affiliated with the applicant, he would be leasing part of his property to the applicant). Mr. Reed stated that this is his first opportunity to generate a substantial profit from his land in around 20 years. He stated that his family ran a profitable apple orchard on the property for around 50 years, but his ability to generate a profit via agriculture ended with the 2008 financial crisis. He stated that the current agricultural use, cattle and hay, generates roughly enough money to cover the taxes on the property. The two additional citizens who spoke in favor of the application, Jeff Shawver of the Catawba Magisterial District and Dan Crawford of the City of Roanoke, cited the economic and environmental benefits of solar energy systems as well as the current lack of solar energy systems in the Roanoke area and the opportunity this project represents to catalyze the development of additional solar energy systems in the region. In addition, Mr. Shawver submitted a letter to the Planning Commission expressing support for the project prior to the meeting. Zachary Deel, of 9741 Tinsley Lane and owner of the closest residence to the proposed solar energy system, spoke in opposition to the application, as did his father-in-law, Kennith Deel of 9731 Tinsley Lane. The Deels’ concerns about the proposed project include noise from the electrical equipment pad, the unattractive appearance of solar panels relative to an open pasture, the potential for the solar energy system to attract scavengers and thieves, and the incompatibility of a commercial use in the Agricultural/Residential zone. Jesse Baker, of 9610 Apple Orchard Drive, expressed concerns about the project’s impacts on the viewshed, the unknowns associated with this relatively new type of infrastructure, and the fact that this project will generate a relatively small amount of tax revenue. C. SUMMARY OF COMMISSION DISCUSSION Isaac Henry presented the staff report. Chairman Rick James and staff briefly discussed the recent submission of a new concept plan and two proposed conditions by the applicant, and the fact that more time may be needed to review the application before the Planning Commission can cast a vote. Jessie Robinson and Quentin Wood addressed the Planning Commission on behalf of the applicant. Ms. Robinson and Mr. Wood are employees of New Leaf Energy, the owner of Reed Road Solar 1, LLC. Ms. Robinson gave a brief history of New Leaf Energy, which was formerly the development arm of Borrego Solar Systems and was recently spun off as an independent company. Ms. Robinson explained the basics of the Shared Solar program that the proposed project would participate in, and some common characteristics of solar energy systems of the proposed project’s size. Ms. Robinson described the characteristics of parcels that are desirable for solar projects of this size and explained why the subject parcel was chosen. Mr. Wood reviewed the newly submitted revised concept plan set, with a focus on the changes that have been made to address feedback received from neighbors and the surrounding community. Mr. Wood explained the typical construction schedule for this type of solar energy system, as well as the anticipated lifetime, maintenance needs, economic impact, environmental and economic precautions that are typically taken, and what the materials could be used for after the solar energy system is decommissioned. Mr. Wood discussed stormwater management requirements for the project. Mr. Wood discussed a study by a third-party consultant hired by New Leaf that found that properties adjacent to solar energy systems do not see reductions in their values. Mr. Wood discussed the materials that solar panels are made from, and the level of electromagnetic frequencies emitted by solar energy systems. Ms. Robinson concluded by discussing some of the potential benefits of the proposed project. Commissioner Jim Woltz asked a number of questions of Ms. Robinson and Mr. Wood relating to construction cost, the amount of time needed to construct the project, the differences in tax revenue that could be generated by different types of taxes that could be applied, the depreciation rate of the solar energy system, the typical bond renewal schedule and process, the characteristics of Tier 1 solar panels, where the solar panels would be manufactured, whether or not the panels contain hazardous materials and if they can be recycled after decommissioning, the anticipated lifetime of the solar panels themselves and whether or not malfunctioning panels would be replaced, and whether or not the project would be profitable without tax credits that are in place. Ms. Robinson stated that the project would likely cost between $7 million and $9 million and take between 6 and 8 months to construct and expressed that New Leaf Energy is flexible on taxation, depreciation, and bond renewal schedule. Ms. Robinson stated that as it stands, the solar panels would be manufactured in southeast Asia, but a greater supply of American-made panels may be available in the near future. Mr. Wood explained the characteristics of Tier 1 solar panels and clarified that only Tier 1 panels would be used in the proposed project. Mr. Wood explained that the solar panels do not contain any chemicals at levels that would be considered hazardous by the U.S. Environmental Protection Agency and explained that though the solar panels could be recycled after decommissioning of the proposed project, it would likely be more profitable for the operator to sell the panels for continued use in a different solar energy system, as the panels would likely still be functional at that time. Ms. Robinson clarified that any malfunctioning panels would be replaced while the system is in operation, and that the project would still be profitable without existing tax credits, but less so. Mr. James expressed concerns about disposal of obsolete/decommissioned solar panels, and Mr. Woltz inquired about site cleanup in cases where the operator of the solar energy system goes bankrupt. Mr. Wood and Ms. Robinson explained that if the project is constructed, New Leaf Energy would enter into a bond agreement with Roanoke County which would ensure proper disposal of the solar energy system and cleanup of the site in the event the operator is unable to carry out those tasks. Following citizen comments, Mr. Woltz expressed skepticism about the proposed project’s economic benefit to Roanoke County and expressed his desire to take additional time to review the application and particularly the method of taxation on the proposed solar energy system. Philip Thompson concurred with Mr. Woltz’s assessment that additional time should be given for review of the application, citing the applicant’s recent submission of a revised concept plan and two additional proposed conditions. Mr. Thompson advised that the Planning Commission not close the public hearing for this application, given that this is the first proposal for a utility-scale solar project in Roanoke County. Mr. Thompson asked the applicants to produce estimates of the potential tax revenue of the project based on different methods of taxation, and for additional information about the security of the proposed project. Commissioner Wayne Bower, Mr. James, and Mr. Woltz concurred with Mr. Thompson’s perspective. Rachel Lower confirmed that citizens who have already commented on the application would be allowed to provide additional comments at the discretion of the Chairman. Mr. Bower raised additional questions about the inspections that the proposed solar energy system would be subject to, and asked Mr. Shawver, who spoke at the public hearing, some questions about his experiences with solar energy systems at his home and in his work managing facilities for a nearby school district. Ms. Robinson clarified that the energy from the proposed solar energy system would be fed directly into the grid, and from there would travel to the nearest substation where it would then be routed locally or regionally. D. SUGGESTED SPECIAL USE PERMIT CONDITIONS 1. The site shall be developed in substantial conformance with the concept site plan entitled “Special Use Permit Set – 9150 Reed Road, Bent Mountain, Virginia 24059” prepared by New Leaf Energy, Inc. subject to any changes required during the comprehensive site plan review process. 2. Decommissioning of the site shall be in substantial conformance with the Decommission Plan contained in the concept site plan entitled “Special Use Permit Set – 9150 Reed Road, Bent Mountain, Virginia 24059” prepared by New Leaf Energy, Inc. 3. Prior to the issuance of a building permit for the solar energy system, the applicant shall submit to the Zoning Administrator an itemized cost estimate of the work to be done to completely remove the entire solar energy system and restore the site to its original condition. 4. The applicant shall submit a bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County in the amount of the itemized cost estimate approved by the Zoning Administrator. An updated itemized cost estimate along with an updated bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County shall be submitted and approved every ____ years to reflect cost increases to remove the entire solar energy system and restore the site to its original condition. 5. During decommissioning of the site, the applicant will ensure the bond, irrevocable Letter of Credit, or other surety shall remain in full force and effect until the County has inspected the site and verified that the solar energy system has been removed and the site restored to its original condition. At which time the County shall promptly release the bond, irrevocable Letter of Credit, or other surety. Additional Conditions Suggested by Applicant: 1. Per Virginia Code § 15.2-2288.8, the Applicant shall pay the County $50,000 (the “Fire Department Payment”) for use towards the fire departments in the County to support fire response readiness, including safety training for solar projects. The Fire Department Payment shall be paid to the County within ninety (90) days of building permit approval. 2. If the project secures a place in the Shared Solar program, prior to beginning commercial operation of the solar facility, the Applicant shall work in good faith and use its best efforts to identify residents of Bent Mountain and Roanoke County, Virginia to voluntarily subscribe to its community solar program (“Local Subscribers”). E. COMMISSION ACTION Jim Woltz made a motion to continue the public hearing to August 6, 2024, in order for a more thorough review and consideration of the revised application, the legality of the $50,000 donation, a potential revenue share agreement, and the revenue sources generally. The motion carried 4-0. Kelly McMurray abstained from the vote. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: X Staff Report X Other Philip Thompson, Secretary Roanoke County Planning Commission Solar Taxes for 9150 Reed Rd Total Taxes Option 1 ‐ Revenue Share Tax $470,297.87 Years Real Estate Tax Personal Property Tax (Revenue Share) Total Annual Taxes Cumulative Taxes ‐ Real Estate & Revenue Share Years Real Estate Tax Personal Property Tax (M&T)Total Annual Taxes Cumulative Taxes ‐ Real Estate & M&T Current Land Taxes Option 2 ‐ M&T Tax $651,493.02 1 $6,872.00 $6,160.00 $13,032.00 $13,032.00 1 $6,872.00 $7,357.52 $14,229.52 $14,229.52 $620 2 $1,909.44 $6,160.00 $8,069.44 $21,101.44 2 $1,909.44 $7,357.52 $9,266.96 $23,496.49 $633 3 $1,947.63 $6,160.00 $8,107.63 $29,209.07 3 $1,947.63 $7,357.52 $9,305.15 $32,801.64 $645 4 $1,986.58 $6,160.00 $8,146.58 $37,355.65 4 $1,986.58 $7,357.52 $9,344.11 $42,145.75 $658 5 $2,026.31 $6,160.00 $8,186.31 $45,541.96 5 $2,026.31 $7,357.52 $9,383.84 $51,529.58 $671 System Metrics 6 $2,066.84 $6,776.00 $8,842.84 $54,384.80 6 $2,066.84 $11,036.29 $13,103.13 $64,632.71 $685 System size 4 MWac 7 $2,108.18 $6,776.00 $8,884.18 $63,268.98 7 $2,108.18 $11,036.29 $13,144.46 $77,777.17 $699 System size 6,065,280 W dc 8 $2,150.34 $6,776.00 $8,926.34 $72,195.32 8 $2,150.34 $11,036.29 $13,186.63 $90,963.80 $713 System size 6.06528 MW Dc 9 $2,193.35 $6,776.00 $8,969.35 $81,164.66 9 $2,193.35 $11,036.29 $13,229.63 $104,193.43 $727 Fenced acres 18.00 acres 10 $2,237.21 $6,776.00 $9,013.21 $90,177.88 10 $2,237.21 $11,036.29 $13,273.50 $117,466.93 $741 11 $2,281.96 $7,453.60 $9,735.56 $99,913.44 11 $2,281.96 $14,715.05 $16,997.01 $134,463.94 $756 Land tax 12 $2,327.60 $7,453.60 $9,781.20 $109,694.63 12 $2,327.60 $14,715.05 $17,042.65 $151,506.58 $771 Land Assessment $120,900 13 $2,374.15 $7,453.60 $9,827.75 $119,522.38 13 $2,374.15 $14,715.05 $17,089.20 $168,595.78 $787 Land Assesment per acre $3,314 14 $2,421.63 $7,453.60 $9,875.23 $129,397.61 14 $2,421.63 $14,715.05 $17,136.68 $185,732.46 $802 Annual Tax Bill $620 for project area link 15 $2,470.06 $7,453.60 $9,923.66 $139,321.28 15 $2,470.06 $14,715.05 $17,185.11 $202,917.57 $818 16 $2,519.47 $8,198.96 $10,718.43 $150,039.70 16 $2,519.47 $14,715.05 $17,234.51 $220,152.09 $835 Real Estate Tax 17 $2,569.85 $8,198.96 $10,768.81 $160,808.52 17 $2,569.85 $14,715.05 $17,284.90 $237,436.99 $852 Ag Rollback Estimate $5,000 estimate 18 $2,621.25 $8,198.96 $10,820.21 $171,628.73 18 $2,621.25 $14,715.05 $17,336.30 $254,773.29 $869 Commercial Land Assessment $10,000 per acre estimate 19 $2,673.68 $8,198.96 $10,872.64 $182,501.37 19 $2,673.68 $14,715.05 $17,388.73 $272,162.02 $886 County tax rate $1.04 per $100 Link 20 $2,727.15 $8,198.96 $10,926.11 $193,427.48 20 $2,727.15 $14,715.05 $17,442.20 $289,604.22 $904 Real Estate Tax ‐ County $1,872.00 annually 21 $2,781.69 $9,018.86 $11,800.55 $205,228.03 21 $2,781.69 $14,715.05 $17,496.74 $307,100.96 $922 One time Rollback $5,000.00 one‐time 22 $2,837.33 $9,018.86 $11,856.18 $217,084.21 22 $2,837.33 $14,715.05 $17,552.38 $324,653.33 $940 Increase in Total RE tax $6,872.00 Year 1 23 $2,894.07 $9,018.86 $11,912.93 $228,997.14 23 $2,894.07 $14,715.05 $17,609.12 $342,262.46 $959 24 $2,951.96 $9,018.86 $11,970.81 $240,967.95 24 $2,951.96 $14,715.05 $17,667.00 $359,929.46 $978 25 $3,010.99 $9,018.86 $12,029.85 $252,997.80 25 $3,010.99 $14,715.05 $17,726.04 $377,655.50 $998 26 $3,071.21 $9,920.74 $12,991.96 $265,989.76 26 $3,071.21 $14,715.05 $17,786.26 $395,441.77 $1,018 Personal Property Tax 27 $3,132.64 $9,920.74 $13,053.38 $279,043.14 27 $3,132.64 $14,715.05 $17,847.69 $413,289.45 $1,038 DC Size (Watt) 6,065,280.00 28 $3,195.29 $9,920.74 $13,116.03 $292,159.17 28 $3,195.29 $14,715.05 $17,910.34 $431,199.79 $1,059 EPC Cost ($/W) 1.458 29 $3,259.20 $9,920.74 $13,179.94 $305,339.11 29 $3,259.20 $14,715.05 $17,974.25 $449,174.04 $1,080 Cost Basis $8,843,178.24 30 $3,324.38 $9,920.74 $13,245.12 $318,584.23 30 $3,324.38 $14,715.05 $18,039.43 $467,213.47 $1,102 Depreciation Rate 40%of build cost (Estimate)31 $3,390.87 $10,912.82 $14,303.68 $332,887.92 31 $3,390.87 $14,715.05 $18,105.92 $485,319.39 $1,124 Assessed Value $3,537,271.30 32 $3,458.69 $10,912.82 $14,371.50 $347,259.42 32 $3,458.69 $14,715.05 $18,173.73 $503,493.12 $1,146 Year 1 to 5 (80% exemption)$7,357.52 33 $3,527.86 $10,912.82 $14,440.68 $361,700.09 33 $3,527.86 $14,715.05 $18,242.91 $521,736.03 $1,169 Year 6 to 10 (70% exemption)$11,036.29 34 $3,598.42 $10,912.82 $14,511.23 $376,211.33 34 $3,598.42 $14,715.05 $18,313.47 $540,049.50 $1,192 Year 11+ (60% exemption)$14,715.05 35 $3,670.39 $10,912.82 $14,583.20 $390,794.53 35 $3,670.39 $14,715.05 $18,385.43 $558,434.93 $1,216 36 $3,743.79 $12,004.10 $15,747.89 $406,542.42 36 $3,743.79 $14,715.05 $18,458.84 $576,893.77 $1,241 37 $3,818.67 $12,004.10 $15,822.77 $422,365.19 37 $3,818.67 $14,715.05 $18,533.72 $595,427.49 $1,265 38 $3,895.04 $12,004.10 $15,899.14 $438,264.33 38 $3,895.04 $14,715.05 $18,610.09 $614,037.58 $1,291 39 $3,972.94 $12,004.10 $15,977.04 $454,241.37 39 $3,972.94 $14,715.05 $18,687.99 $632,725.57 $1,316 40 $4,052.40 $12,004.10 $16,056.50 $470,297.87 40 $4,052.40 $14,715.05 $18,767.45 $651,493.02 $1,343 $118,072.51 $352,225.35 $470,297.87 $118,072.51 $533,420.51 $651,493.02 *Initially $664k using 2023 real estate tax rate of $1.0 $37,468 Option 1 - Revenue Share Tax (needs Commissioner values for inputs in red)Option 2 - M&T Tax (needs Commissioner values for inputs in red) *Could change based on inputs in red Year Date Revenue Share 1 7/1/2021 $1,400 2 7/1/2022 $1,400 3 7/1/2023 $1,400 4 7/1/2024 $1,400 5 7/1/2025 $1,400 6 7/1/2026 $1,540 7 7/1/2027 $1,540 8 7/1/2028 $1,540 9 7/2/2029 $1,540 10 7/3/2030 $1,540 11 7/4/2031 $1,694 12 7/4/2032 $1,694 13 7/5/2033 $1,694 14 7/6/2034 $1,694 15 7/7/2035 $1,694 16 7/7/2036 $1,863 17 7/8/2037 $1,863 18 7/9/2038 $1,863 19 7/10/2039 $1,863 20 7/10/2040 $1,863 21 7/11/2041 $2,050 22 7/12/2042 $2,050 23 7/13/2043 $2,050 24 7/13/2044 $2,050 25 7/14/2045 $2,050 26 7/15/2046 $2,255 27 7/16/2047 $2,255 28 7/16/2048 $2,255 29 7/17/2049 $2,255 30 7/18/2050 $2,255 31 7/19/2051 $2,480 32 7/19/2052 $2,480 33 7/20/2053 $2,480 34 7/21/2054 $2,480 35 7/22/2055 $2,480 36 7/22/2056 $2,728 37 7/23/2057 $2,728 38 7/24/2058 $2,728 39 7/25/2059 $2,728 40 7/25/2060 $2,728 41 7/26/2061 $3,001 42 7/27/2062 $3,001 43 7/28/2063 $3,001 44 7/28/2064 $3,001 45 7/29/2065 $3,001 46 7/30/2066 $3,301 47 7/31/2067 $3,301 48 7/31/2068 $3,301 49 8/1/2069 $3,301 50 8/2/2070 $3,301 Estimated Revenue Sharing Schedule Decommissioning Estimate/Plan Date: 07/16/2024 Calculated By: QJW 9150 REED RD BENT MOUNTAIN, VA The following values were used in this Decommissioning Estimate: System Specifications Equipment & Material Removal Rates Number of Modules 8,472 Module Removal Rate (min/module)5 Number of Racks 353 Rack Wiring Rem. Rate (min/mod)2 Number of Inverters 16 Racking Dismantling Rate (min/rack)60 Number of Transformers 2 Inverter Removal Rate (hr/unit)1.5 Electrical Wiring Length (ft)2,108 Transformer Removal Rate (hr/unit)2 Number of Foundation Screws 1,412 Rack Loading Rate (min/Rack)20 Length of Perimeter Fence (ft)3,525 Elect. Wiring Removal Rate (min/LF)2 Number of Power Poles 10 Screw Rem. Rate (screws/day)150 Access Rd Material Volume (YD)1,072 Fence Removal Rate (min/LF)2 Total Disturbed Area (SF)21,758 Days req. to break up concrete pads 3 Total Fence Weight (lbs)2,503 Days req. with Rough Grader 1 Total Racking Weight (lbs)300,050 Days req. with Fine Grader 1 Total Foundation Screw Weight (lbs)56,480 Total Truckloads Required 40 Total Solar Module Weight (lbs)508,320 Round-Trip Dist. to Trans. Sta.(miles)32 Round-Trip Time to Trans. Sta. (hr)1 Labor and Equipment Costs Labor Rate ($/hr)35.00$ Operator Rate ($/hr)60.00$ Bobcat Cost ($/hr)150.00$ Front End Loader Cost ($/Day)1,800.00$ Excavator Cost ($/Day)2,000.00$ Trucking Cost ($/hr)150.00$ Backhoe Cost ($/hr)125.00$ Power Pole Removal Cost ($/pole)2,500.00$ Grader Cost ($/day)1,600.00$ Gravel Export Cost ($/YD)30.00$ Loam Import Cost ($/YD)40.00$ Seeding Cost ($/SF)0.20$ Fuel Cost ($/mile)1.25$ This Decommissioning Estimate has been prepared by New Leaf Energy in an attempt to predict the cost associated with the removal of the proposed solar facility. The primary cost of decommissioning is the labor to dismantle and load as well as the cost of trucking and equipment. All material will be removed from the site, including the concrete equipment pads, which will be broken up at the site and hauled to the nearest transfer station. No salvage values have been assumed in this calculation. 9150 REED RD BENT MOUNTAIN, VA Labor, Material, and Equipment Costs 1.Remove Modules Total = 24,710.00$ 2.Remove Rack Wiring Total = 9,884.00$ 3.Dismantle Racks Total = 12,355.00$ 4.Remove and Load Electrical Equipment Total = 5,880.00$ 5.Break Up Concrete Pads Total = 6,840.00$ Wire Removal Rate • Total Number of Solar Modules • Labor Rate = Rack Wiring Removal Cost The racking is supported by screw foundations. The racking will be disconnected from the foundation and removed seperately. Number of Racks • Rack Dismantling Rate • Labor Rate = Rack Dismantling Cost Electrical equipment includes transformers and inverters. (Number of Inverters • Inverter Removal Rate + Number of Transformers • Transformer Removal Rate) • (Operator Rate + Bobcat Cost) = Electrical Equipment Removal Cost The solar modules are fastened to racking with clamps. They slide in a track. A laborer needs only unclamp the module and reach over and slide the module out of the track. Module Removal Rate • Total Number of Solar Modules • Labor Rate = Module Removal Cost The modules are plugged together in the same manner as an electrical cord from a light is plugged into a wall socket. The string wires are in a tray. A laborer needs only unplug the module, reach into the tray and remove the strands of wire. Concrede pads are broken up using an excavator and jackhammer. Number of Demolition Days • (Excavator Cost + Operator Cost) = Total Concrete Pad Removal 2 9150 REED RD BENT MOUNTAIN, VA 6.Load Racks Total = 42,360.00$ 7.Remove Electrical Wiring Total = 12,999.33$ 8.Remove Foundation Screws Total = 23,345.07$ 9.Remove Fencing Total = 42,300.00$ 10.Remove Power Poles Total = 25,000.00$ Foundation screws will be backed out of the ground and loaded onto a truck to be removed from site. (Total Number of Screws / Daily Screw Removal Rate) • (Operator Rate + Excavator Cost) = Total Screw Removal Cost Number of Power Poles • Pole Removal cost = Total Power Pole Removal Cost Power poles will be removed and shipped off site. Fencing posts, mesh, and foundations will be loaded onto a truck and removed from site. Trucking costs included in this line item are for the removal process. Trucking to a recycling facility are included in item #13. (Total Length of Fence • Fence Removal Rate) • (Operator Rate + Bobcat Cost + Trucking Cost) = Total Screw Removal Cost Cable Length • Cable Removal Rate • (Operator Cost + Backhoe Cost) = Total Cable Removal Cost Once the racks have been dismantled, they will be loaded onto trucks for removal from the site. The trucking cost associated with this line item represents the additional time a truck will be needed during loading. Please see item # 13 for additional trucking costs. Number of Racks • Rack Loading Rate • (Operator Cost + Front End Loader Cost + Trucking Cost) = Total Rack Removal Cost Electrical wiring will be removed from all underground conduits. 3 9150 REED RD BENT MOUNTAIN, VA 11.Gravel Road Reclamation Total = 79,215.56$ 12.Seed Disturbed Areas Total = 4,351.50$ 13.Truck to Transfer Station Total = 7,600.00$ Reclamation of the gravel access road will entail removing the gravel material and exporting it off site. The area will then be backfilled with loam and graded. (Total Truckloads • Roundtrip Distance • Fuel Cost) + (Total Truckloads • Round Trip Time • Trucking Cost) = Total Trucking Cost to Transfer Station (Days with Rough Grader + Days with Fine Grader) • (Grader Cost per Day+Operator Cost per Day) + [Roadway Material Volume • (Gravel Export Cost + Loam Import Cost)] = Gravel Road Reclamation Cost Seeding cost includes labor and materials for reseeding all disturbed areas including the reclaimed gravel road area, former electrical areas, and areas disturbed by racking foundation removal. Seeding Cost • Disturbed Area = Total Seeding Cost All material will be trucked to the nearest Transfer station that accepts construction material. The nearest transfer station is Salem Transfer Station 4 9150 REED RD BENT MOUNTAIN, VA Salvage Values Racking Disposal Cost 1S.Racking Disposal Cost Total = 22,503.75$ Panel Disposal Cost 2S.Solar Panel Disposal Cost Total = 38,124.00$ Salvage Value Not Included The panels can be disposed of at facilities which except electronics. They will be trucked to Salem Transfer Station. (Total Panel Weight)/2000 • Cost per Ton of disposal = Total Disposal Cost The racking can be disposed of at the Transfer Station. They will be trucked to Salem Transfer Station. (Total Racking Weight)/2000 • Cost per Ton of disposal = Total Disposal Cost 5 9150 REED RD BENT MOUNTAIN, VA Line Item Task Cost 1 Module Removal 24,710.00$ 2 Rack Wiring Removal 9,884.00$ 3 Rack Dismantling 12,355.00$ 4 Electrical Equipment Loading and Removal 5,880.00$ 5 Break Up Concrete Pads 6,840.00$ 6 Load Racks 42,360.00$ 7 Electrical Wiring Removal 12,999.33$ 8 Foundation Screw Removal 65,670.40$ 9 Fence Removal 42,300.00$ 10 Power Pole Removal 25,000.00$ 11 Gravel Road Reclamation 79,215.56$ 12 Seed Disturbed Areas 4,351.50$ 13 Trucking to Transfer Station 7,600.00$ Sub Total = 339,165.79$ Additional Item Value Salvage Values Not Included 1S Racking Disposal Cost 22,503.75$ 2S Solar Panel Disposal Cost 38,124.00$ Additional Item Subtotal 60,627.75$ 399,793.54$ Summary of Decommissioning Costs and Salvage Values Task Total = 6 Reed Road Solar 1, LLC Special Use Permit for a Utility Service, Major Board of Supervisors Public Hearing August 20, 2024 Background2 •Community Meeting held at Bent Mountain Center on May 9th •Planning Commission Public Hearing held June 4th •PC voted to extend the Public Hearing until August 6th •Joint Planning Commission – Board of Supervisors Work Session held June 11th with Energy Right presentation and conversation Location Map3 Project Site •9150 Reed Road •36.48 Acres •Single Family Residence & Agriculture •SUP for Utility Service, Major 4 Photographs – Project Site5 6 Photographs – Project Site 7 Photographs – Project Site 8 Photographs – Project Site 9 Photographs – Project Site 10 Photographs – BARC Site Visit 11 Photographs – BARC Site Visit 12 Photographs – BARC Site Visit 13 Photographs – BARC Site Visit 14 Revised Version Submitted 7/17/24 15 Revised Version Submitted 7/17/24 16 Revised Version Submitted 7/17/24 17 Revised Version Submitted 7/17/24 18 Revised Version Submitted 7/17/24 19 Submitted 7/17/24 20 Zoning Ordinance Utility Services, Major is defined as “Services of a regional nature which normally entail the construction of new buildings or structures such as generating plants and sources, electrical switching facilities and stations or substations, community waste water treatment plants, and similar facilities. Included in this definition are also electric, gas, and other utility transmission lines of a regional nature which are not otherwise reviewed and approved by the Virginia State Corporation Commission.” 21 Zoning Ordinance (A)General standards: 1.In considering an application for a special use permit, the planning commission and board of supervisors shall consider the justification for the location of the proposed utility service and any alternative locations which may be available. 2.The minimum lot size may be reduced as part of approval of the special use permit provided all setback and yard requirements are met and all other dimensional requirements are achieved. 3.The height limitation contained in each district may be increased as part of the approval of the special use permit, subject to any other height limitation contained in the section 30-72 and 30-73 of this ordinance 22 Zoning Ordinance 4.No major utility service shall be located within one hundred (100) feet of an existing residence. 5.Except in the I-1 and I-2 districts, outdoor storage of materials and equipment, except during construction of the utility facility, shall be prohibited in association with a major utility service, unless specifically requested and approved as part of the special use permit. In the I-1 and I-2 districts outdoor storage areas shall comply with the screening provisions contained in section 30-92-4 (E). 6.Buildings and facilities shall be designed and constructed to be compatible with the surrounding area, so that these facilities or structures will not adversely affect nearby properties. 23 Zoning Ordinance 7.Except in the I-1 and I-2 districts, Type E screening and buffering consistent with section 30-92 of this ordinance shall be required, unless specifically modified as a part of the approved special use permit. 8.All sewer and water utility services shall be publicly owned and operated by a government agency unless otherwise recommended by the director of the utility department and approved by the board of supervisors. 9.Sewer and water utility services shall be designed with a service area and capacity consistent with the purposes of the respective zoning district and the recommendations of the community plan. 24 Zoning Ordinance Sec 30-92-6(A) Type E buffer yard Option 1 (Large Buffer, Minimal Landscaping) 75′bufferFor every 100′ consisting of: •One row of large deciduous trees (3) •One row of large evergreen trees (5) •One row of small deciduous trees (7) Option 2 (Smaller Buffer With More Landscaping/Screening) 50′bufferFor every 100′ consisting of: •One row of large deciduous trees (3) •One row of small evergreen trees (6) •One row of small deciduous trees (6—7) •6′ screening Zoning Existing Zoning •AR – Agricultural/Residential 25 Surrounding Zoning •North – AR •East – AR and AV •West – AR •South – AG-3 Future Land Use26 Rural Village •limited development activity has historically occurred suburban or urban development patterns are discouraged Planning Commission Six (6) citizens spoke at the June 4th Planning Commission Public Hearing, three (3) in favor of the application, and three (3) opposed to it. Those who spoke in favor of the application cited the economic and environmental benefits of solar energy systems, as well as the possibility that this project could catalyze additional development of solar energy systems in the region. Those who spoke in opposition to the application raised concerns about noise, aesthetics, compatibility with surrounding uses, potential trespassing, the unknowns associated with this type of infrastructure, and the amount of tax revenue the project would generate. 27 Planning Commission The Planning Commission continued the public hearing on this application on August 6, 2024. At this hearing, five (5) people spoke during the public hearing, one person in support, two people opposed, one person had questions, and another person represented Energy Right, who spoke in general terms on the benefits or solar energy projects. Those in support discussed the benefits of solar energy, job growth, environmental protection, and energy availability. Those opposed discussed erosion and water runoff concerns, impacts to wells, highest and best use for the property is not a solar energy project, marketability of surrounding homes, construction impacts, property values and buffers. 28 Planning Commission The Planning Commission discussed the following: •Berms, buffers and ground vegetation; •Special use permit conditions; •Decommissioning and sureties; •Solar energy subscription program: •Lighting and noise; •Stormwater, grading, runoff, construction impacts,and construction schedule; •Solar panels; •Property values, impacts to home values, and visual impacts; •Surrounding zoning and land uses: and •Future land use designation. 29 Planning Commission The Planning Commission recommends approval of the special use permit with the following conditions: 1.The site shall be developed in substantial conformance with the concept site plan entitled “Special Use Permit Set – 9150 Reed Road, Bent Mountain, Virginia 24059” prepared by New Leaf Energy, Inc., revised July 11, 2024, subject to any changes required during the comprehensive site plan review process. 2.Wherever possible, topsoil should remain undisturbed. Disturbed topsoil shall remain on site to be used to support the growth of ground cover. Ground cover shall consist of native grasses and pollinator species. 30 Planning Commission 3.The County may retain qualified third-party consultants to review portions of the site plan and to inspect the constructed facility as to any matters that may be outside the County representative’s area of expertise. The reasonable out-of-pocket costs incurred by the County for such review by qualified third-party consultants shall be paid by the applicant. The third- party reviewers and the estimated costs will be submitted to the applicant for approval before the costs are incurred. The County may, in the alternative, accept reports of such review by qualified third- party consultants selected, retained, and paid by the applicant. 4.Per Virginia Code § 15.2-2288.8, the Applicant shall pay the County $50,000 (the “Fire Truck Payment”) for use towards a four-wheel drive fire truck vehicle to support the County's fire response readiness in the Bent Mountain community, where the solar project is located. The Fire Truck Payment shall be paid to the County within ninety (90) days of building permit approval. 31 Planning Commission 5.If the project secures a place in the Shared Solar program, prior to beginning commercial operation of the solar facility, the Applicant shall work in good faith and use its best efforts to identify residents of Bent Mountain and Roanoke County, Virginia to voluntarily subscribe to its community solar program (“Local Subscribers”). 32 Planning Commission33 6.After commercial operation has commenced, if operation ceases for 365 days consecutively, the County may notify the facility owner by certified mail and request information regarding the status of recommencing commercial operation. If an attempt to notify the facility operator via certified mail is unsuccessful, then notice may be posted on the property and the facility owner shall be deemed to have received lawful notice invoking the provisions of this condition. The facility owner shall send a response within 90 days of receipt of such notice providing information regarding the status of operations and an estimated timeline for recommencing commercial operations. If the facility owner fails to respond to the request, or if County deems the provided timetable for recommencing commercial operations to be unreasonable, the County may hold a hearing before the Board of Supervisors following notice pursuant to Va. Code Sec. 15.2-2204. The Board of Supervisors may determine whether to allow the permit to remain, impose additional conditions regarding the timing of the commencement of commercial operations, or to revoke the permit and require decommissioning of the solar energy facility in compliance with the decommissioning plan established for the facility. Planning Commission34 7.Decommissioning of the site shall be in substantial conformance with the Decommission Plan contained in the concept site plan entitled “Special Use Permit Set – 9150 Reed Road, Bent Mountain, Virginia 24059” prepared by New Leaf Energy, Inc., revised July 11, 2024. 8.Prior to the issuance of a building permit for the solar energy system, the applicant shall submit to the Zoning Administrator an itemized cost estimate of the work to be done to completely remove the entire solar energy system and restore the site to its original condition. 9.The applicant shall submit a bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County in the amount of the itemized cost estimate approved by the Zoning Administrator. An updated itemized cost estimate along with an updated bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County shall be submitted and approved every 5 years to reflect cost increases to remove the entire solar energy system and restore the site to its original condition. Planning Commission35 10.During decommissioning of the site, the applicant will ensure the bond, irrevocable Letter of Credit, or other surety shall remain in full force and effect until the County has inspected the site and verified that the solar energy system has been removed and the site restored to its original condition, at which time the County shall promptly release the bond, irrevocable Letter of Credit, or other surety. Questions? 36 © New Leaf Energy, Inc. 2022 Conﬁdential Reed Road Solar Roanoke County Jessie Robinson Sr. Project Developer Quentin Wood Project Engineer August 6, 2024 Conﬁdential © New Leaf Energy, Inc. 2022 Drivers of Solar Projects in Virginia Types of Solar Description Probable MW of development by 2025 Size limit per project per legislation Residential Rooftop Solar System is on the customer’s roof (main building or accessory structure). In rare instances, a residential customers may want to put solar on the ground. 500 MW PPA cap in legislation 25 kW or below Commercial & Industrial Solar System is on the customer’s property, either on the roof (main building or accessory structure) or the ground. 500 MW PPA cap in legislation for VA justdictional customers, 500 MW for non-jurisdictional customers, and 40 MW for APCo or ODP 3 MW or below Community Solar - Shared Solar Generally a larger system where a combination of several entities (residents, businesses, governments) have a partial interest (subscription) in the output of a system. System can be located on a roof or on the ground, but do not have to be located near the subscribers. Current legislation allows for 50 MW of shared solar in ApCo’s service territory 5 MW or below Dominion DG RFP Either behind-the-meter or front-of-meter 1,100 MW by 2035 3 MW or below Brownﬁeld Solar System is located on blighted land that is not suitable for redevelopment, such as closed landﬁlls or Superfund sites. 200 MW of solar under Dominion’s large scale requirement has to be brownﬁeld No size cap Utility Scale Solar Large scale systems are either developed for the Dominion and APCo solicitations; they may also be built for corporate oﬀtakers or to participate in the PJM wholesale market 15,000 MW for Dominion and 600 MW by 2030 for APCO 5 MW - 200+ MW Conﬁdential © New Leaf Energy, Inc. 2022 Sample of Built Small-Scale Solar Projects Source: Borrego Solar, Knox, NY Conﬁdential © New Leaf Energy, Inc. 2022 Sample of Built Small-Scale Solar Projects Whitehall, NY Conﬁdential © New Leaf Energy, Inc. 2022 Project Location Project Location Be n t M o u n t a i n R d Rt 7 1 1 Rt 61 2 9150 Reed Rd, Bent Mountain, VA 24059 (Parcel ID: 103.00-02-10.02-0000) Substation Conﬁdential © New Leaf Energy, Inc. 2022 Why This Parcel? ●Three Phase distribution lines located at site with substation capacity ●In ApCo territory for Shared Solar eligibility ●Zoned Agricultural / Residential ●No stream or wetland impacts ●Minimal tree clearing ●Minimal visibility given topography of the site ●Located more than 600 feet from the Poor Mountain Road and 1,000 feet from Bent Mountain Road ●Interested landowner Conﬁdential © New Leaf Energy, Inc. 2022 450lf 310lf 265lf 4,500lf SITE Community Outreach Conﬁdential © New Leaf Energy, Inc. 2022 Project Overview ●Located in Roanoke County ●4 MWac system ●Fixed tilt system ●±18 acres fenced ○±5.7 acres under panel ●±10 acres of access, landscaping and stormwater ●Variable landscape buﬀer width of 50 ft - 75 ft ●Meets and/or exceeds zoning requirements Conﬁdential © New Leaf Energy, Inc. 2022 Equipment Pad Cross Section ●16 Inverters ●Two - 2000 KV Transformers ●Switchboard/ Communication Conﬁdential © New Leaf Energy, Inc. 2022 Noise Exhibit ●Noise Level from Equipment Pad to closest property line 200 ft ≈ 55 dBA ●Noise Level from Equipment Pad to closest Poor Mtn Rd 737 ft ≈ 43 dBA Conﬁdential © New Leaf Energy, Inc. 2022 Landscape Plan ●Landscape Area - Variable Width (50ft Min.) ○Construct berm East & Southeast ■Variable height 4-8 ft high ○Utilize native species ●Landscaping within Fenced Area ○Native Grasses surrounding panel area ○Native Pollinator Species inter-row/under panels Conﬁdential © New Leaf Energy, Inc. 2022 ●Project Life Cycle: up to 40 years ●Operates remotely with bi-weekly to monthly on-site visits. ●2-4 long term jobs Construction 12 ●Approximately 6 to 8 months ●Typical hours of construction (Monday to Sat. 7am-5pm) DecommissionOperations & Maintenance ●Cost is bonded with County before construction can begin ●Project will use panels rated Tier 1 and that meet Toxic Characteristic Leaching Procedure (TCLP) requirements for non-hazardous waste. ●The bulk of material is considered recyclable, the solar panels may be upcycled, reused as secondhand, recycled or disposed of at an approved facility ●System removal takes around 4-6 months Conﬁdential © New Leaf Energy, Inc. 2022 Stormwater Management Water Quality [Pre/Post-Development] 13 ●Evaluate Water Quality Pre/Post Condition ○Forest/Open Space ○Managed Turf ○Impervious ●Determines Required Volume and Pollutant Removal ●Implement Structural & Non-Structural Best Management Practices (BMPs) to address Volume & Nutrient Loads such as... ○Simple Disconnection ○Sheet ﬂow to Filter/Open Space ○Grass Channels ○Basin-Bio/Inﬁl./Ext. Water Quantity [Pre/Post-Development] ●Identify and Analyze all individual Drainage Areas on site ●Evaluate Pre/Post Conditions based on Rates and Volume ●Implement Channels & Structural BMPs to regulate the increase of rates and volume for Channel & Flood Protection based on the County and State required storm events, typically 1 yr, 2 yr and 10 yr - 24 hr. ●Divert runoﬀ from smaller DA (Drainage Areas) to larger DA where BMPs can be installed. ●Compare Pre Rates to Post-Development Rates Post is ≤ Pre Rates Conﬁdential © New Leaf Energy, Inc. 2022 Will this aﬀect my property value? ●Cohn Reznick, a third-party accounting ﬁrm, conducted multiple studies in neighboring rural VA Counties on property value ●Study considered home property value before and after solar installation comparing: ○Homes adjacent to the solar farm ○Homes not adjacent to solar farm Conclusion: No impact to the sales price of adjoining properties after installation of the solar project. Conﬁdential © New Leaf Energy, Inc. 2022 Proposed Conditions Third-party consultants at applicant’s expense: The County may retain qualiﬁed third-party consultants to review portions of the site plan and to inspect the constructed facility as to any matters that may be outside the County’s areas of expertise. The reasonable out-of-pocket costs incurred by the County for such review by qualiﬁed third-party consultants shall be paid by the applicant. The third-party reviewers and the estimated costs will be submitted to the applicant for approval before the costs are incurred. The County may, in the alternative, accept reports of such review by qualiﬁed third- party consultants selected, retained, and paid by the applicant. Decommissioning if project not operated for 365 days: After commercial operation is reached, if the solar project is not operated for 365 days consecutively, the County may notify the facility owner by certiﬁed mail and request information regarding the status of recommencing commercial operation. If an attempt to notify the facility operator via certiﬁed mail is unsuccessful, then a notice shall be posted on the property. The facility owner shall send a response within 90 days of receipt of such notice providing information regarding the status of operations and an estimated timeline for recommencing commercial operations. If the facility owner fails to respond to the request, or if County deems the provided timetable for recommencing commercial operations to be unreasonable, the County may hold a hearing before the Board of Supervisors following notice pursuant to Va. Code Sec. 15.2-2204. The Board of Supervisors may determine whether to allow the permit to remain, impose additional conditions regarding the timing of the commencement of commercial operations, or to revoke the permit and require decommissioning of the solar energy facility in compliance with the decommissioning plan established for the facility. Conﬁdential © New Leaf Energy, Inc. 2022 Voluntary payment: Per Virginia Code § 15.2-2288.8, the Applicant shall pay the County $50,000 (the “Fire Truck Payment”) for use towards a four wheel drive ﬁre truck vehicle to support the County's ﬁre response readiness in the Bent Mountain community, where the solar project is located. The Fire Truck Payment shall be paid to the County within ninety (90) days of building permit approval. Shared Solar subscribers: If the project secures a place in the Shared Solar program, prior to beginning commercial operation of the solar facility, the Applicant shall work in good faith and use its best eﬀorts to identify residents of Bent Mountain and Roanoke County, Virginia to voluntarily subscribe to its community solar program (“Local Subscribers”). Proposed Conditions Conﬁdential © New Leaf Energy, Inc. 2022 Community Solar Beneﬁts ●Community members can subscribe and save 10%-15% on ApCo electric bill ●Provides additional tax revenue for the County via real estate tax and personal property tax ○Estimating ~$550,000 over project lifetime; 15x increase from current taxes on land ○Voluntary upfront payment of $50,000 for four wheel drive ﬁre vehicle. ●Quiet neighbor and No increase to traﬃc ●Allows soil to sit fallow and increases soil productivity ●Diversiﬁes the local economy without burdening infrastructure ●Creates 30-40 construction jobs; 2-4 long term jobs ●Provides clean energy to the grid, powering local homes, restaurants, and businesses ●Improves reliability of the interconnection grid Thank you! Jessie Robinson Sr. Project Developer Conﬁdential © New Leaf Energy, Inc. 2022 jrobinson@newleafenergy.com Quentin Wood Project Engineer Conﬁdential © New Leaf Energy, Inc. 2022 Frequently Asked Questions ●Will the solar project increase ﬂooding? ○No, the VA Department of Environmental Quality (DEQ) regulates stormwater controls so that post-development ﬂows will be the same or less than pre-development ﬂow from the site. ●Do the panels leach? ○The Environmental Protection Agency (EPA) limits the quantities of various chemicals acceptable in solar modules ○New Leaf selects modules with materials well below the EPA’s recommendations and Tier 1 solar modules primarily ●What are Tier 1 panels? ○Panels with a 25 year guaranteed warranty ○Composed of silicon and tempered glass from reputable manufacturers (Top 2%) ○Designed to withstand extreme weather such as wind and hail ●What happens if a panel is damaged? ○We monitor the solar operation in real time and receive a notice if a panel is no longer producing. ○If a panel were to break, the components would break oﬀ like a solid from the panel, rather than a liquid as one may suspect. ○We would send an operator/technician to clean up and replace the broken panel with a new one. Conﬁdential © New Leaf Energy, Inc. 2022 Frequently Asked Questions ●Do panels emit Electromagnetic Fields (EMFs)? ○EMFs are measured in milligauss (mG). Solar panels interconnect to three phase lines, which emit about 70 mG. ○The Institute of Electrical and Electronics Engineers determined that the exposure guideline for the general public to be 9,000 mG. ○Power lines, appliances, home wiring, and other electrical devices and equipment produce EMFs. Fluorescent lights emit 40 mG, a blender emits 70 mG and a toaster 100 mG. (Source: “EMF and Health”. PPL Electric, 28 September 2023.) Conﬁdential © New Leaf Energy, Inc. 2022 Types of Solar Projects ●Capped at 5 MWac in Virginia ●~15 to 40 acres ●Must be located in Appalachian Power territory ●Interconnects to distribution lines ●Distribution substation must have capacity ●No project-speciﬁc substation needed on-site ●Projects over 5 MWac in Virginia ●~40 acres+ ●Interconnects to transmission lines ●Project-speciﬁc substation built on-site ●Usually sited on several parcels or one large parcel Utility Scale Small Scale Conﬁdential © New Leaf Energy, Inc. 2022 Facility Equipment ●Equipment Pad (50ft x 40ft) ○Electrical Panels ○Communication Equipment ○Weather Station ○Switchboard ●Approx. 16 - String Inverters ○73 dBA @ 1m ○67 dBA @ 3m ●1 - 4,000 kVA Transformer ○65 dBA @ 1m ●Noise Level from Equipment Pad to closest property line 218ft ≈ 53 dBA ●Noise Level from Equipment Pad to closest Poor Mtn Rd 737ft ≈ 42 dBA Conﬁdential © New Leaf Energy, Inc. 2022 Borrego History, New Leaf’s Beginning ABOUT US 2001 Borrego Solar Systems, Inc. is created Company re-founded in San Diego as residential grid tied provider by Hall brothers 2007 East Coast Expansion Company expands from California to Massachusetts, immediately taking leadership position in a new market. 2009 Restructuring Borrego restructures to focus on commercial EPC and development only 2013 New York Expansion Borrego expands development and EPC businesses to New York 2014 Launch of Stand Alone O&M Business Operations and maintenance for EPC and non-EPC customers 2017 MidWest Expansion and Launch Energy Storage Borrego begins development and EPC services in MidWest through our Chicago oﬃce. Borrego begins offering storage to our customers 2019 Gigawatt Revolution Borrego launched “Gigawatt Revolution”, splitting into 3 businesses and expanded market focus 2020 Utility Scale Expansion Borrego expands into utility scale, ME & VA 1980 Company Founded Borrego starts as an off-grid residential installer in Borrego Springs, CA New Leaf Energy Development segment is now a standalone business June 3, 2024 Roanoke County Planning Commission Subject: Support for Reed Road Solar 1 LLC Project Dear Members of the Planning Commission, I am expressing my strong support for the Reed Road Solar 1 LLC project. As a resident of Roanoke County for over 50 years, I have witnessed ﬁrsthand the transformative power of renewable energy, particularly solar, in reducing energy costs and mitigating environmental impacts. Personally, my household's reliance on a ground solar array has signiﬁcantly reduced our summer electrical bills to less than $10 a month. This tangible beneﬁt underscores the immense potential of solar energy solutions to drive economic savings for residents, especially those who lack the infrastructure to own their systems but still seek renewable energy options. Professionally, as the Senior Director for the Physical Plant at a local K-12 public school district, I am thrilled to report that we are currently under contract for six solar roof arrays. These installations promise substantial ﬁnancial savings for our institution and demonstrate our commitment to sustainability and environmental stewardship. Additionally, in collaboration with Virginia Tech, one of our schools is developing a solar classroom for middle school students focused on agrivoltaics, which combines agriculture and solar energy production to maximize land use and efficiency. Such initiatives provide cost savings and enrich our educational environment by serving as tangible examples of responsible citizenship and environmental awareness for our students. My personal and professional experiences clearly show that the advantages of renewable energies far outweigh the impacts of fossil fuels. With each passing day, it becomes increasingly evident that embracing renewable energy sources is a moral imperative and a pragmatic choice for ensuring our community's long-term health and prosperity. Furthermore, I believe the proposed site for the solar project is ideal due to its low visibility and minimal traffic, which would minimize any disruption while maximizing the project's beneﬁts. In conclusion, I urge the Planning Commission to fully support the Reed Road Solar 1 LLC project. By doing so, we can pave the way for a more sustainable future in which solar energy plays a central role in powering our homes, schools, and businesses. Thank you for your time and consideration. Sincerely, Jeffrey S. Shawver 4860 Catawba Valley Drive Catawba, VA 24070 (540) 580-6280 Jeff.Shawver@gmail.com 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 Peter S. Lubeck COUNTY ATTORNEY Rachel W. Lower DEPUTY COUNTY ATTORNEY Marta J. Anderson Douglas P. Barber, Jr. SENIOR ASSISTANT COUNTY ATTORNEYS SAMPLE MOTIONS The petition of Reed Road Solar 1, LLC to obtain a special use permit to operate a “utility service, major” on approximately 36.48 acres of land zoned AR (Agricultural/Residential) 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. Involves a use (utility service) which is not contemplated in the Roanoke County Comprehensive Plan’s future land use categories, but is a use which is integral to the needs of the citizens of Roanoke County (utility service); 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 ten (10) conditions: 1. The site shall be developed in substantial conformance with the concept site plan entitled “Special Use Permit Set – 9150 Reed Road, Bent Mountain, Virginia 24059” prepared by New Leaf Energy, Inc., revised July 11, 2024, subject to any changes required during the comprehensive site plan review process. 2. Wherever possible, topsoil should remain undisturbed. Disturbed topsoil shall remain on site to be used to support the growth of ground cover. Ground cover shall consist of native grasses and pollinator species. 3. The County may retain qualified third-party consultants to review portions of the site plan and to inspect the constructed facility as to any matters that may be outside County representatives’ area of expertise. The reasonable out-of-pocket costs incurred by the County for such review by qualified third -party consultants shall be paid by the applicant. The third-party reviewers and the estimated costs will be submitted to the applicant for approval before the costs are incurred. The OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800  Roanoke, Virginia 24018-0798 County may, in the alternative, accept reports of such review by qualified third - party consultants selected, retained, and paid by the applicant. 4. Per Virginia Code § 15.2-2288.8, the Applicant shall pay the County $50,000 (the “Fire Truck Payment”) for use towards a four-wheel drive fire truck vehicle to support the County’s fire response readiness in the Bent Mountain community, where the solar project is located. The Fire Truck Payment shall be paid to the County within ninety (90) days of building permit approval. 5. If the project secures a place in the Shared Solar program, prior to beginning commercial operation of the solar facility, the Applicant shall work in good faith and use its best efforts to identify residents of Bent Mountain and Roanoke County, Virginia to voluntarily subscribe to its community solar program (“Local Subscribers”). 6. After commercial operation has commenced, if operation ceases for 365 days consecutively, the County may notify the facility owner by certified mail and request information regarding the status of recommencing commercial operation. If an attempt to notify the facility operator via certified mail is unsuccessful, then notice may be posted on the property and the facility owner shall be deemed to have received lawful notice invoking the provisions of this condition. The facility owner shall send a response within 90 days of receipt of such notice providing information regarding the status of operations and an estimated timeline for recommencing commercial operations. If the facility owner fails to respond to the request, or if the County deems the provided timetable for recommencing commercial operations to be unreasonable, the County may hold a hearing before the Board of Supervisors following notice pursuant to Virginia Code § 15.2-2204. The Board of Supervisors may determine whether to allow the permit to remain, impose additional conditions regarding the timing of the commencement of commercial operations, or to revoke the permit and require decommissioning of the solar energy facility in compliance with the decommissioning plan established for the facility. 7. Decommissioning of the site shall be in substantial conformance with the Decommission Plan contained in the concept site plan en titled “Special Use Permit Set – 9150 Reed Road, Bent Mountain, Virginia 24059” prepared by New Leaf Energy, Inc., revised July 11, 2024. 8. Prior to the issuance of a building permit for the solar energy system, the applicant shall submit to the Zoning Administrator an itemized cost estimate of the work to be done to completely remove the entire solar energy system and restore the site to its original condition. 9. The applicant shall submit a bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County in the amount of the itemized cost estimate approved by the Zoning Administrator. An updated itemized cost estimate along OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800  Roanoke, Virginia 24018-0798 with an updated bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County shall be submitted and approved every five (5) years to reflect cost increases to remove the entire solar energy system and restore the site to its original condition. 10. During decommissioning of the site, the applicant will ensure the bond, irrevocable Letter of Credit, or other surety shall remain in full force and effect until the County has inspected the site and verified that the solar energy system has been removed and the site restored to its original condition, at which time the County shall promptly release the bond, irrevocable Letter of Credit, or other surety. 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, 2. Is inconsistent with good zoning practice, and/or 3. 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. Page 1 of 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 20, 2024 ORDINANCE GRANTING A SPECIAL USE PERMIT TO REED ROAD SOLAR 1, LLC TO OPERATE A UTILITY SERVICE (MAJOR) ON APPROXIMATELY 36.48 ACRES OF LAND ZONED AR (AGRICULTURAL/RESIDENTIAL) DISTRICT, LOCATED AT 9150 REED ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Reed Road Solar 1, LLC has filed a petition for a special use permit to operate a utility service (major) on approximately 36.48 acres of land zoned AR (Agricultural/Residential) District, for the purpose of operating a small solar energy system on property located at 9150 Reed Road (Roanoke County Tax Map Number 103.00-02-10.02-0000), in the Windsor Hills Magisterial District; and WHEREAS, the first reading of this ordinance was held on May 28, 2024, and the second reading and public hearing were held on August 20, 2024; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 4, 2024; and WHEREAS, five (5) days prior to the Planning Commission’s public hearing the applicant submitted a revised application; and WHEREAS, at its June 4, 2024 public hearing the Planning Commission continued the public hearing until August 6, 2024 to provide a more thorough review and consideration of the revised application submitted by the applicant; and WHEREAS, the Roanoke County Planning Commission resumed its public hearing on August 6, 2024, and thereafter the Planning Commission recommended approval of the revised application submitted by the applicant to obtain a special use permit, with ten (10) conditions; and Page 2 of 5 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. 2. The Board further finds that the proposed special use involves a use (utility service) which is not contemplated by the Roanoke County Comprehensive Plan’s future land use categories, but is a use which is integral to the needs of the citizens of Roanoke County (utility service). 3. The Board further finds that the proposed use will have a minimum adverse impact on the surrounding neighborhood and community. 4. The special use permit is hereby approved, with the following ten (10) conditions: a. The site shall be developed in substantial conformance with the concept site plan entitled “Special Use Permit Set – 9150 Reed Road, Bent Mountain, Virginia 24059” prepared by New Leaf Energy, Inc., revised July 11, 2024, subject to any changes required during the comprehensive site plan review process. b. Wherever possible, topsoil should remain undisturbed. Disturbed topsoil shall remain on site to be used to support the growth of ground cover. Ground cover shall consist of native grasses and pollinator species. Page 3 of 5 c. The County may retain qualified third-party consultants to review portions of the site plan and to inspect the constructed facility as to any matters that may be outside County representatives’ area of expertise. The reasonable out-of-pocket costs incurred by the County for such review by qualified third-party consultants shall be paid by the applicant. The third-party reviewers and the estimated costs will be submitted to the applicant for approval before the costs are incurred. The County may, in the alternative, accept reports of such review by qualified third-party consultants selected, retained, and paid by the applicant. d. Per Virginia Code § 15.2-2288.8, the Applicant shall pay the County $50,000 (the “Fire Truck Payment”) for use towards a four -wheel drive fire truck vehicle to support the County’s fire response readiness in the Bent Mountain community, where the solar project is located. The Fire Truck Payment shall be paid to the County within ninety (90) days of building permit approval. e. If the project secures a place in the Shared Solar program, prior to beginning commercial operation of the solar facility, the Applicant shall work in good faith and use its best efforts to identify residents of Bent Mountain and Roanoke County, Virginia to voluntarily subscribe to its community solar program (“Local Subscribers”). f. After commercial operation has commenced, if operation ceases for 365 days consecutively, the County may notify the facility owner by Page 4 of 5 certified mail and request information regarding the status of recommencing commercial operation. If an attempt to notify the facility operator via certified mail is unsuccessful, then notice may be posted on the property and the facility owner shall be deemed to have received lawful notice invoking the provisions of this condition. The facility owner shall send a response within 90 days of receipt of such notice providing information regarding the status of operations and an estimated timeline for recommencing commercial operations. If the facility owner fails to respond to the request, or if the County deems the provided timetable for recommencing commercial operations to be unreasonable, the County may hold a hearing before the Board of Supervisors following notice pursuant to Virginia Code § 15.2-2204. The Board of Supervisors may determine whether to allow the permit to remain, impose additional conditions regarding the timing of the commencement of commercial operations, or to revoke the permit and require decommissioning of the solar energy facility in compliance with the decommissioning plan established for the facility. g. Decommissioning of the site shall be in substantial conformance with the Decommission Plan contained in the concept site plan entitled “Special Use Permit Set – 9150 Reed Road, Bent Mountain, Virginia 24059” prepared by New Leaf Energy, Inc., revised July 11, 2024. Page 5 of 5 h. Prior to the issuance of a building permit for the solar energy system, the applicant shall submit to the Zoning Administrator an itemized cost estimate of the work to be done to completely remove the entire solar energy system and restore the site to its original condition. i. The applicant shall submit a bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County in the amount of the itemized cost estimate approved by the Zoning Administrator. An updated itemized cost estimate along with an updated bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County shall be submitted and approved every five (5) years to reflect cost increases to remove the entire solar energy system and restore the site to its original condition. j. During decommissioning of the site, the applicant will ensure the bond, irrevocable Letter of Credit, or other surety shall remain in full force and effect until the County has inspected the site and verified that the solar energy system has been removed and the site restored to its original condition, at which time the County shall promptly release the bond, irrevocable Letter of Credit, or other surety. 5. This ordinance shall be in full force and effect thirty (30) days after its final passage.