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HomeMy WebLinkAbout2/28/2023 - RegularPage 1 of 5 INVOCATION: Pastor Jeff Allen Parkway House of Prayer – Roanoke, Virginia PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: “Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board.” Roanoke County Board of Supervisors February 28, 2023 Page 2 of 5 Good afternoon and welcome to our meeting for February 28, 2023. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each m onth. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Sunday from 10:00 a.m. until 5 p.m. Board of Supervisors meetings can also be viewed online through Roanoke County’s website at www.RoanokeCountyVA.gov. Our meetings are closed-captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772 -2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. NEW BUSINESS 1. Resolution approving an interim Agreement between Roanoke County and G&H Contracting, Inc. regarding pre-construction services for the Bonsack fire station (Peter S Lubeck, County Attorney) 2. Resolution approving Roanoke County’s participation in the proposed settlement of opioid-related claims against Teva, Allergan, Walmart, Walgreens, CVS, and their related corporate entities, and directing the County Attorney and/or the County’s outside counsel to execute the documents necessary to effectuate the County’s participation in the settlements (Peter S Lubeck, County Attorney) Roanoke County Board of Supervisors Agenda February 28, 2023 Page 3 of 5 D. PUBLIC HEARING 1. Public hearing to receive citizen comments regarding proposed amen dments to the fiscal year 2022-2023 budget in accordance with Code of Virginia Section 15.2-2507. (Steve Elliott, Budget Administrator) E. FIRST READING OF ORDINANCES 1. Emergency ordinance appropriating an additional $3,807,876.66 from the Roanoke County Public Schools' fiscal year 2021-2022 year-end funds to the fiscal year 2022-2023 Roanoke County Public Schools Budget (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) (Susan Peterson, Director of Finance for Roanoke County Public Schools) 2. Ordinance approving and authorizing an Amended Agreement with the City of Salem to allow Roanoke County to act as the Erosion and Sediment Control Authority and the Virginia Stormwater Management Program Authority for the West Roanoke River Greenway, Phase 1 (VDOT UPC No. 97171), located in the City of Salem and in the Catawba Magisterial District (Megan G. Cronise, Assistant Director of Planning) 3. Ordinance approving and authorizing an Agreement for construction and maintenance of the West Roanoke River Greenway Phase 1 (VDOT UPC No. 97171) Project with the City of Salem (Megan G. Cronise, Assistant Director of Planning) F. SECOND READING OF ORDINANCES 1. Ordinance accepting $170,081 from the Virginia Office of Emergency Medical Services (OEMS) Rescue Squad Assistance Fund (RSAF) and appropriating such funds, along with a local match of $170,081 from capital reserves to the grant fund; Accepting $216,831.85 from the Virginia Department of Emergency Management (VDEM) and appropriating such funds to the Capital Fund; Accepting $100,000 from the Local Assistance and Tribal Consistency Fund (LATCF) and appropriating such funds to the grant fund; and Reallocating an additional $226,426.15 from the County Capital Reserves with $47,426.15 going to the grant fund and $179,000 staying within the capital fund; For the purchase of two (2) ambulances for the Fire & Rescue Department and to complete the replacement of firearms for the Police Department (Laurie Gearheart, Director of Finance and Management Services) Page 4 of 5 2. Ordinance amending the fiscal year 2022-2023 budget for the General Operating Revenues and Expenditures by $6,000,000 and appropriating $5,000,000 to the County's Capital Fund and $1,000,000 to the General Government Fund (Laurie Gearheart, Director of Finance and Management Services) G. APPOINTMENTS 1. Roanoke County Board of Zoning Appeals (BZA) (appointed by District) 2. Roanoke County Economic Development Authority (EDA) (appointed by District) 3. Roanoke County Library Board (appointed by District) 4. Roanoke County Parks, Recreation and Tourism Advisory C ommission (appointed by District) 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 – October 25, 2022 2. The petition of Sovereign Grace Community Church, Inc. to obtain a special use permit for religious assembly located on approximately 1.29 acres of land zoned C-2, High Intensity Commercial District, located at 4167 Electric Road, Cave Spring Magisterial District (First Reading and request for Public Hearing and Second Reading) 3. Request to accept and allocate grant funds in the amount of $22,500 from George Mason University, Center for Evidence Based Crime and Policy (CEBCP) for the purpose of funding annual officer wellness visits 4. Ordinance authorizing the release and vacation of existing waterline, temporary construction and drainage easements located on 0.933 acre +/- on property of Margaret O. Klapperich, Instrument Number 201507683, Tax Map #027.06 -05- 06.00-0000, Hollins Magisterial District (First Reading and request for Second Reading I. CITIZENS' COMMENTS AND COMMUNICATIONS J. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report Page 5 of 5 3. Comparative Statement of Budgeted and Actual Revenues as of January 31, 2023 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of January 31, 2023 5. Accounts Paid – January 31, 2023 K. WORK SESSIONS 1. Work session to review with the Board of Supervisors the County Administrator's Proposed Fiscal Year 2024 - 2033 Capital Improvement Program (CIP) (Laurie Gearheart, Director of Finance and Management Services) 2. Work session to review with the Board of Supervisors fiscal year 2023 -2024 employee compensation and benefits and outside agency funding (Laurie Gearheart, Director of Finance and Management Services) EVENING SESSION – 7:00 P.M. L. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of Cellco Partnership d/b/a Verizon Wireless to 1) amend a proffered condition and 2) approve a special use permit for a broadcasting tower approximately 124 feet in height, on approximately 4.81 acres of land zoned C- 2C (high intensity commercial district with conditions), located at 2918 Peters Creek Road, Catawba Magisterial District (Philip Thompson, Director of Planning) 2. The petition of Engineering Concepts, Inc. to obtain a special use permit for a water tank (major utility service) approximately 42 feet in height located on approximately 1.82 acres of land zoned AG -3, Agricultural/Rural Preserve District, located in the 2600 block of Summit Ridge Road, Hollins Magisterial District (Philip Thompson, Director of Planning) M. CITIZEN COMMENTS AND COMMUNICATIONS N. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. David F. Radford 2. P. Jason Peters 3. Phil C. North 4. Paul M. Mahoney 5. Martha B. Hooker O. ADJOURNMENT Page 1 of 2 ACTION NO. ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2023 AGENDA ITEM: Resolution approving an interim Agreement between Roanoke County and G&H Contracting, Inc. regarding pre- construction services for the Bonsack fire station SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: Approval of an interim agreement with G&H Contracting regarding pre-construction services for the Bonsack Fire Station. BACKGROUND: Pursuant to the County's adopted Public-Private Education Facilities and Infrastructure Act (PPEA) Guidelines, the Board of Supervisors must approve any interim or comprehensive agreement entered into pursuant to the PPEA between the County and a private entity. DISCUSSION: It is proposed that the County enter into an interim agreement with G&H Contracting, Inc., for pre-construction services (which includes, among other services, site plan design, site permitting review and approvals, and building design development) for the Bonsack Fire Station. The interim agreement, along with its Exhibit 7, which provides further detail regarding the scope of services and corresponding values, are attached to this report for the Board's review. The entire interim agreement, with all attachments, exceeds 900 pages in length and can be reviewed at the following website: Page 2 of 2 https://www.roanokecountyva.gov/Bids.aspx?BidID=1160 FISCAL IMPACT: If approved, over the course of the agreement, the County will pay G&H Contracting, Inc. $367,950.00 for the agreed-upon pre-construction services. STAFF RECOMMENDATION: Staff recommends approval of the resolution, authorizing the execution of the interim Agreement. Page 1 of 5 COUNTY OF ROANOKE, VIRGINIA INTERIM AGREEMENT BETWEEN OWNER AND CONTRACTOR REGARDING PRE-CONSTRUCTION SERVICES FOR THE BONSACK FIRE STATION THIS INTERIM AGREEMENT (the “Contract”) is dated and effective as of this ______ day of _____________ 2023 (the “Effective Date”), by and between County of Roanoke, Virginia, hereinafter referred to as the “County” or “Owner,” and G&H Contracting, Inc., hereinafter referred to as the “Contractor.” RECITALS A. This Contract is entered into pursuant to Virginia’s Public Private Education Facilities and Infrastructure Act of 2002 (“PPEA” or “the Act”), as set forth in Chapter 22.1, Title 56 of the Code of Virginia, 1950, as amended, and the County’s PPEA guidelines (the “Guidelines”) which have been adopted pursuant to the Act. B. The County received solicited proposals under the PPEA and the Guidelines, including a proposal from the Contractor, for the design and construction of a new Bonsack Fire Station. C. After reviewing the proposals, the County selected the Contractor for pre- construction design services, which services are the subject of this Contract. D. It is anticipated that the Parties will enter into a subsequent agreement for construction services. E. The legal address for the Owner and for the Contractor and the addresses for delivery of Notices and other project documents are as follows: Owner: County of Roanoke, Virginia Attn: Doug Blount, Assistant County Administrator Address: 5204 Bernard Drive, Roanoke, VA 24018 Telephone: (540) 777-6321 Email: dblount@roanokecountyva.gov Contractor: G&H Contracting, Inc. Attn: Troy Henderson, Vice President Address: 1383 Southside Drive, Salem, VA 24153 Telephone: (540) 387-5059 Email: thenderson@ghcontracting.com Contractor's Virginia License#: 2705023767A FEIN_54-1504314 F. The Project is identified as and is entitled: Pre-construction Services for the Page 2 of 5 Bonsack Fire Station General Project Description - Design of an approximately 12,100 sf. fire station building located on property owned by the County of Roanoke containing 2.2459 acres, located at 1465 Mexico Way, N.E., Roanoke City, Virginia (Tax Map No. 7110128). G. The Virginia licensed Architect/Engineer who has been employed by the Contractor to assist in the pre-construction services is identified as: Architect/Engineer: Hughes Associates Architects & Engineers Attn: Mike Woolwine Architect's Address: 402 Elm Avenue Roanoke, VA 24012 Telephone: (540) 342-4002 Email: mwoolwine@hughesae.com H. The Project Title indicated above is required to be shown for identification purposes on all project-related material and documents including, but not limited to, Notices, Change Orders, Submittals, Requests for Information, Requests for Quotes, Field Orders, minutes of meetings, correspondence, Schedule of Values and Certificate for Payment, test reports, and related material. I. Unless otherwise stated, capitalized terms in this Contract shall have the meaning given them in the General Conditions of the PPEA Contract set forth in Exhibit 6 (the “General Conditions”). NOW, THEREFORE, for and in consideration of the premises and mutual covenants hereinafter contained, and subject to the conditions herein set forth, the parties hereby agree as follows: 1. The foregoing recitals are incorporated herein by reference. 2. STATEMENT OF WORK: The Contractor agrees to furnish the pre-construction services required for the construction of the Bonsack Fire Station for a subsequently agreed-upon Guaranteed Maximum Price (which will be set forth in a future agreement); the scope such pre-construction services is further set forth in Exhibit 7. The pre-services provided by the Contractor include, but are not limited to, the development of Plans for the construction of the Bonsack Fire Station, cost estimating, value engineering, scheduling, construction phasing, constructability review, confirming the Owner’s program, schematic design, design development, development of construction documents, holding design review meetings with the Owner, receiving input from subcontractors as to building systems, means and methods of construction, site plan review and approval, and project review meetings with the Owner and regulatory review agencies. 3. CONTRACT DOCUMENTS: This Contract shall consist of the following attached as Appendix A and are incorporated by reference: Page 3 of 5 Exhibit 1 RFP 2023-020 Conceptual Phase PPEA, dated August 1, 2022 Exhibit 2 Conceptual Phase Proposal, dated September 15, 2022 Exhibit 3 RFP 2023-020 Detailed Phase PPEA, dated October 12, 2022 Exhibit 4 Detailed Phase Proposal, dated November 28, 2022 Exhibit 5 General Conditions of the PPEA Contract Exhibit 6 GMP Detailed Pricing (Revised 1.11.2023, and updated 2.10.23). The Parties acknowledge, however that the pricing set forth in this exhibit will guide the development of the GMP which will be finalized and agreed upon in a future agreement. Exhibit 7 Scope of Pre-Construction Services and Corresponding Schedule of Values THE GENERAL CONDITIONS OF THIS INTERIM AGREEMENT SHALL, IN ALL CASES, PREVAIL OVER ANY AND ALL INCONSISTENT TERMS AND CONDITIONS OF VOLUMES 1 and 2 OF THE CONTRACTOR'S PROPOSAL DATED SEPTEMBER 15, 2022 AND AS MODIFIED ON NOVEMBER 28, 2022, NOTWITHSTANDING THEIR INCORPORATION BY REFERENCE HEREIN-ABOVE. ANY AMBIGUITIES BETWEEN SUCH INCORPORATED DOCUMENTS AND THIS INTERIM AGREEMENT SHALL BE RESOLVED BY REFERENCE TO AND IN ACCORDANCE WITH THIS INTERIM AGREEMENT. 4. TIME FOR COMPLETION: Design work and preconstruction coordination and permitting will be completed in accordance with the project schedule (Exhibit 8). 5. COMPENSATION TO BE PAID TO THE CONTRACTOR: I The County shall pay to the Contractor the total amount of three hundred and sixty-seven thousand, nine- hundred and fifty dollars ($367,950.00) for the Contractor’s performance of the pre- construction services, as detailed on Exhibit 7. These services include, but are not limited to: (a) Schematic Design (SD) (b) Design Development (DD) (c) Construction Documents (CD) (d) Amended Schedule of Value at each above Phase (e) Amended Project Schedule, if needed Contractor will submit bills to Owner on a monthly basis for the services completed. Monthly bills shall be calculated on a percentage basis, based upon the percentage of the phase(s) completed and the value assigned to each phase, as set forth in Exhibit 7. As noted above, at the completion of this Interim Agreement, the Parties intend to enter into a Comprehensive Agreement for the performance of all construction work in accordance with the Contract Documents for a guaranteed maximum contract price. Page 4 of 5 6. RECORDS MAINTENANCE: The Contractor and its subcontractors shall maintain all books, documents, papers, accounting records, and any other evidence, showing information of actual time devoted to and supporting the costs incurred. Such information shall be made available at their respective offices during the normal business hours during the Contract period and for a period of three (3) years from the date of final payment from the Owner to the Contractor, for audit and inspection. Copies of such information shall be furnished to the Owner upon request. 7. AUDIT AND INSPECTION OF RECORDS: The Contractor and its subcontractors shall permit the authorized representatives of the Owner to inspect and audit all data and records of the Contractor in its subcontractors, relating to the performance of this Contract. 8. CONTRACTUAL CLAIMS: Any contractual claims shall be submitted in accordance with the contractual dispute procedures set forth in Section 47 of the General Conditions. 9. FAIR EMPLOYMENT CONTRACTING ACT: The Contractor, its agents, employees, assigns or successors, and any persons, firm, or agency of whatever nature with whom it may contract or make an agreement, shall comply with the provisions of the Virginia Fair Employment Contracting Act (Sec. 2.1-374 through Sec. 2.1-376 of the Code of Virginia, 1950 as amended), the terms of which are incorporated herein by reference. 10. NON-WAIVER: The failure of the Owner at any time to insist upon a strict performance of any of the terms, conditions, and covenants herein shall not be deemed a waiver of any subsequent breach or default in the terms, conditions, and covenants herein contained. 11. TERMINATION OF AGREEMENT: (a) The Owner may terminate this Contract at any time for cause or convenience provided that it gives written notice of sixty (60) days to Contractor of such termination, which shall specify the effective date of such notice. In the event of such termination, Contactor shall be compensated for allowable costs through the date of written notification from the Owner to terminate. (b) The Contractor may at any time, by giving sixty (60) days written notice specifying the effective date, terminate this Contract for cause. Cause may include, but shall not be limited to, failure by the Owner to provide payment in a timely and proper manner. IN WITNESS WHEREOF, the parties hereto, on the day and year written below, have executed this agreement in three (3) counterparts, each of which shall, without proof or accountancy for the other counterparts, be deemed an original thereof. Page 5 of 5 CONTRACTOR: OWNER: COUNTY OF ROANOKE, VIRGINIA By: By: Date: Date: Name: Name: Title: Title: Signature: Signature: Phone: Phone: Email: Email: Approved as to form: _____________________________________ County Attorney Page 1 of 2 COUNTY OF ROANOKE, VIRGINIA INTERIM AGREEMENT BETWEEN OWNER AND CONTRACTOR REGARDING PRE-CONSTRUCTION SERVICES FOR THE BONSACK FIRE STATION EXHIBIT 7 Bonsack Fire Station Scope of Pre-Construction Services and Corresponding Schedule of Values The Contractor agrees to furnish the pre-construction services set forth and required for the completion of the Project for a subsequently agreed-upon Guaranteed Maximum Price (which will be set forth in a future agreement); the scope of such pre-construction services is further set forth in this exhibit. The pre-construction services provided by the Contractor include, but are not limited to, cost estimating, value engineering, scheduling, construction phasing, constructability review, confirming the Owner’s program, schematic design, design development, development of construction documents, holding design review meetings with the Owner, receiving input from subcontractors as to building systems, means and methods of construction, site plan review and approval, and project review meetings with the Owner and regulatory review agencies. The above pre-construction services for the Bonsack Fire Station may be generally categorized into three phases: 1) schematic design, 2) design development, and 3) construction documents. Upon completion of each phase, Contractor will submit the Plans developed for the phase to the Owner, for review and approval. Once Owner provides Contractor with written approval, Contractor will commence the next phase of services. Contractor will not be entitled to full compensation for each phase until such time as Owner provides such written approval. Schedule of values for this pre-construction work is as follows: 1) Schematic Design (SD): The total value of this phase shall be $73,590. The Contractor will: a) Confirm the program and building plan provided in the RFP for both the building and the site. b) Provide conceptual drawings, schematic design studies, and any modifications to the site. Architectural conceptual designs shall comply with NFPA-13, 101, 1500, 1710, 1720, and 1851. c) Oversee and coordinate design as well as investigate up-to-date unit pricing and constructability. 2) Design Development (DD): The total value of this phase shall be $98,120. Contractor will prepare Sixty-percent (60%) design drawings and will draft construction Specifications for the Bonsack Fire Station. This design effort will further develop the Plans produced during the schematic design phase and will provide sufficient detail for further analysis and review. Cost and budgets will be compared, and adjustments made to ensure compliance with Page 2 of 2 budget goals and programming needs. Contractor will begin to incorporate subcontractor input for any budget constraints before commencing the preparation of contract documents. Designs will include: a) Location and general layout of the Site b) Layout of Underground Facilities c) Strategy for the preemption detection device d) Stormwater management strategies e) Preliminary exterior elevations (presented in 3-dimensional format) f) Preliminary interior and exterior finishes g) Preliminary structural and mechanical, electrical, and plumbing (MEP) engineering 3) Construction Documents (CD): The total value of this phase shall be $196,240. Completion of engineering, materials and systems selections, refinement of all architectural and engineering design and other details required to complete the drawings and specifications. Furnish and review with County staff the final construction documents for construction purposes. Contractor will identify and communicate with the team budgets and options for all scopes to final the GMP. Total value for pre-construction services shall be $367,950. 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, FEBRUARY 28, 2023 RESOLUTION APPROVING AN INTERIM AGREEMENT BETWEEN THE COUNTY AND G&H CONTRACTING, INC. REGARDING PRE- CONSTRUCTION SERVICES FOR THE BONSACK FIRE STATION WHEREAS, at the County Administrator’s direction, a request for proposals pursuant to the Public-Private Education Facilities and Infrastructure Act (PPEA) was issued for the construction of a new County fire station which will be located at 1465 Mexico Way, NE in the City of Roanoke, which fire station shall be known as the Bonsack Fire Station; and WHEREAS, following the receipt of proposals, the Board, on October 20, 2022, held a public hearing to receive citizen comments on such proposals, as required by the County’s adopted PPEA Guidelines; and WHEREAS, following the process of competitive negotiation, County purchasing staff selected G&H Contracting Inc. as the party with whom to pursue the des ign and construction of the Bonsack Fire Station; and WHEREAS, pursuant to the County’s PPEA Guidelines, the Board of Supervisors must approve any interim or comprehensive agreement entered into pursuant to the PPEA between the County and a private entity; and WHEREAS, it is proposed that the County enter into an interim agreement with G&H Contracting, Inc., for pre-construction services, which includes, among other services, site plan design, site permitting review and approvals, and building design development for the Bonsack Fire Station; and 2 WHEREAS, following the completion of the services outlined in the interim agreement (which is anticipated to be in June or July 2023), it is expected that the Board will be again be asked to approve a comprehen sive agreement for the construction of the Bonsack Fire Station. NOW, THEREFORE, BE IT RESOVLED by the Board of Supervisors of Roanoke County, that 1. The County Administrator, Deputy County Administrator, or Assistant County Administrator is authorized to execute the proposed interim agreement with G&H Contracting, Inc., for pre-construction services for the Bonsack Fire Station, which shall be approved as to form by the County Attorney. 2. This resolution shall be effective upon its adoption. Page 1 of 2 ACTION NO. ITEM NO. C.2 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2023 AGENDA ITEM: Resolution approving Roanoke County’s participation in the proposed settlement of opioid-related claims against Teva, Allergan, Walmart, Walgreens, CVS, and their related corporate entities, and directing the County Attorney and/or the County’s outside counsel to execute the documents necessary to effectuate the County’s participation in the settlements SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: Approval of proposed settlement of opioid-related claims against Teva, Allergan, Walmart, Walgreens, CVS and their related entities. BACKGROUND AND DISCUSSION: The County previously filed a lawsuit against Teva, Allergan, Walmart, Walgreens, CVS, and their related corporate entities (collectively, the “Defendants”) for their roles in the distribution, manufacture, and sale of opioid products that have fueled an epidemic. After years of litigation, these Defendants have now agreed to terms of global settlements that combined provide over $18.7 billion to state and local governments nationwide for abatement of the harms caused by the opioid epidemic. Additionally, the settlements will offer injunctive relief that will compel the settling defendants to change their business practices in meaningful ways. Assuming that relevant participati on thresholds are reached, Virginia’s share of the settlement proceeds is expected to be in excess of $425 million. Once approved, these settlements will be allocated and administered pursuant to the terms of the Virginia Opioid Abatement Fund and Settlem ent Allocation Memorandum of Page 2 of 2 Understanding (MOU) entered into by the County and the Office of the Virginia Attorney General previously in 2021. Thus, they will be treated in the same way as the earlier settlements with the Distributor Defendants and Janss en Pharmaceutical, which began distributing settlement funds last calendar year. Settlement funds will flow to the County, both directly and indirectly via the Virginia Opioid Abatement Authority, over a period of years. Pursuant to the MOU, Roanoke County will receive approximately 1.498% of the distribution received by the Commonwealth; it is estimated that Roanoke County will accordingly receive approximately $6.36 million. This represents the second wave of settlements flowing from the litigation comm enced by the County against numerous opioid supply chain defendants several years ago. Litigation will continue against several currently non -settling defendants. The settlements with Teva, Allergan, Walmart, Walgreens and CVS are the product of years of hard-fought litigation and complicated negotiation by outside counsel. The settlements provide significant sums to state and local governments to help recover from the past harm suffered because of the opioid epidemic and to help fight the ongoing harms the epidemic continues to inflict on public entities. The settlements also provide important injunctive relief that will force the settling entities to change the way they do business. Our office has carefully reviewed the available information about the pro posed settlements and concurs with the recommendation of outside counsel to join in the settlements with these Defendants. FISCAL IMPACT: There is no expense associated with adoption of the resolution. It is anticipated that over a period of years, the County will receive approximately $6.36 million from the settlements. STAFF RECOMMENDATION: Staff recommends the adoption of the proposed resolution. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 28, 2023 RESOLUTION APPROVING ROANOKE COUNTY’S PARTICIPATION IN THE PROPOSED SETTLEMENT OF OPIOID-RELATED CLAIMS AGAINST TEVA, ALLERGAN, WALMART, WALGREENS, CVS AND THEIR RELATED CORPORATE ENTITIES, AND DIRECTING THE COUNTY ATTORNEY AND/OR THE COUNTY’S OUTSIDE COUNSEL TO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE COUNTY’S PARTICIPATION IN THE SETTLEMENTS WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts the County by adversely impacting the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other services by the County’s various departments and agencies; and WHEREAS, the County has been required and will continue to be required to allocate substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused and continues to cause the citizens of the County; and WHEREAS, the County has filed suit against Teva, Allergan, Walmart, Walgreens, CVS, and certain of their related corporate entities for their role in the distribution, manufacture, and sale of the pharmaceutical opioid products that have fueled the opioid epidemic that has harmed the County; and WHEREAS, the County’s suit seeks recovery of the public funds previously expended and to be expended in the future to abate the consequences and harms of the opioid epidemic; and Page 1 of 2 WHEREAS, settlement proposals have been negotiated that will cause Teva, Allergan, Walmart, Walgreens, and CVS to pay billions of dollars nationwide to resolve opioid-related claims against them; and WHEREAS, the County has approved and adopted the Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding (the “Virginia MOU”), and affirms that these pending settlements with Teva, Allergan, Walmart, CVS, and Walgreens shall be considered “Settlements” that are subject to the Virginia MOU, and shall be administered and allocated in the same manner as the opioid settlements entered into previously with the Distributors and Janssen; and WHEREAS, the County’s outside opioid litigation counsel has recommended that the County participate in the settlements in order to recover its share of the funds that the settlement would provide; and WHEREAS, the County Attorney has reviewed the available information about the proposed settlements and concurs with the recommendation of outside counsel. NOW THEREFORE BE IT RESOLVED that the Board of Supervisors of Roanoke County, this 28th day of February 2023, approves of the County’s participation in the proposed settlement of opioid-related claims against Teva, Allergan, Walmart, Walgreens, CVS, and their related corporate entities, and directs the County Attorney and/or the County’s outside counsel to execute the documents necessary to effectuate the County’s participation in the settlements, including the required release of claims against settling entities. Page 2 of 2 Page 1 of 3 ACTION NO. ITEM NO. D.1 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2023 AGENDA ITEM: Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2022 -2023 budget in accordance with Code of Virginia Section 15.2-2507. SUBMITTED BY: Steve Elliott Budget Administrator APPROVED BY: Richard L. Caywood County Administrator ISSUE: Public hearing for budget amendment BACKGROUND: This is a public hearing to secure citizen’s comments concerning amending the fiscal year 2022-2023 budget by adjusting the aggregate amount to be appropriated during the fiscal year by $6,000,000 and appropriating $5,000 ,000 to the County's Capital Fund and $1,000,000 to the general government fund and Accepting $170,081 from the Virginia Office of Emergency Medical Services (OEMS) Rescue Squad Assistance Fund (RSAF) and appropriating such funds, along with a local match of $170,081 to the grant fund; accepting $216,831.85 from the Virginia Department of Emergency Management (VDEM) and appropriating such funds to the capital fund; accepting $100,000 from the Local Assistance and Tribal Consistency Fund (LATCF) and appropriating such funds to the grant fund; and re-allocating $396,507.15 from the County capital reserves with $217,507.15 going to the grant fund and $179,000 staying within the capital fund; for the purchase of two ambulances for the Fire & Rescue Department and to complete the replacement of firearms for the Police Department and Appropriating an additional $3,807,876.66 from the Roanoke County Public Schools’ Page 2 of 3 fiscal year 2021-2022 year-end funds to the fiscal year 2022-2023 Roanoke County Public Schools budget DISCUSSION: Section 15.2-2507 of the Code of Virginia, as amended, provides that whenever such amendment exceeds one (1) percent of the total expenditures shown in the adopted budget, the County must publish notice of a meeting and public h earing. The notice must state the County’s intent to amend the budget and include a brief synopsis of the proposed budget amendment(s). This notice was published on February 21, 2023. Page 3 of 3 FISCAL IMPACT: There is no fiscal impact as a result of the public hearing. Requests for the appropriation will occur later on in this agenda. STAFF RECOMMENDATION: It is recommended that the Board hold the required public hearing. Board action appropriating funds, as provided in this notice, will occur later during this meeting. Conducting the public hearing does not guarantee the requested appropriation will be approved. Page 1 of 2 ACTION NO. ITEM NO. E.1 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2023 AGENDA ITEM: Emergency ordinance appropriating an additiona l $3,807,876.66 from the Roanoke County Public Schools' fiscal year 2021-2022 year-end funds to the fiscal year 2022- 2023 Roanoke County Public Schools Budget SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Emergency ordinance appropriating an additional $3,807,876.66 from the Roanoke County Public Schools' fiscal year 2021-2022 year-end funds to the fiscal year 2022- 2023 Roanoke County Public Schools Budget BACKGROUND: This request is a necessary legal procedure to reflect the remaining multi-year grant budget balance within the 2022-2023 budget appropriation for grants that were awarded and appropriated by both the School Board and Board of Supervisors du ring a prior year. There is no change or effect on the purpose of the funds. DISCUSSION: In accordance with the Code of Virginia §22.1 -100, at the end of each fiscal year, all Roanoke County Public Schools' unexpended funds (derived from the Board of Supervisors) reverts to the Board of Supervisors. The Board of Supervisors may reappropriate such funds back to the Schools' budget for use the next year. The County Board of Supervisors approved an ordinance on January 10, 2023 to reappropriate $61,460,835.43 to the Roanoke County Public Schools’ fiscal year 2022 - 2023 budget. Page 2 of 2 Upon preparation of the carryover budget entry, it was determined certain HVAC projects funded through ESSER grants were not included in the total carryover balance. An additional appropriation of $3,807,876.66 is requested for these unspent multi-year grant projects. The School Board has requested the Board of Supervisors adopt this measure with only one reading (as an emergency measure), to expedite the distribution of funds for necessary expenditures. FISCAL IMPACT: The appropriation of the requested funds to Roanoke County Public Schools will increase their grant fund by $3,807,876.66 for fiscal year 2022-2023. STAFF RECOMMENDATION: Staff recommends the approval of the ordinance and the appropriation of $3,807,876.66 to the Roanoke County Public Schools. Additionally, it is requested, upon a four -fifths vote of the Board, the second reading be waived, and the ordinance be adopted as an emergency measure. Agenda Item Details Public Content Administrative Content Meeting Feb 16, 2023 - Roanoke County School Board Meeting Category 10. ACTION ITEMS Subject June 30, 2022 Grant Fund Carryover Increase Requested - Mrs. Susan Peterson Access Public Type Action During the November 10, 2022 School Board meeting, the School Board approved a carryover of $10,211,089.52 in the Grant Fund. This was also approved by the Board of Supervisors effective January 10, 2023. Upon preparation of the carryover budget entry, it was determined certain HVAC projects funded through ESSER grants were not included in the total carryover balance. An additional appropriation of $3,807,876.66 is requested for these unspent multi-year grant projects. An updated Year End Surplus and Carryover report is attached and the impact on the total funds and ordinance can be seen below. 2022-06-30 YE Balances_updated 2-16-23.pdf (80 KB)Total Fund Carryover.png (47 KB) Executive Content AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 28, 2023 EMERGENCY ORDINANCE APPROPRIATING AN ADDITIONAL $3,807,876.66 FROM THE ROANOKE COUNTY PUBLIC SCHOOLS’ FISCAL YEAR 2021-2022 YEAR-END FUNDS TO THE FISCAL YEAR 2022-2023 ROANOKE COUNTY PUBLIC SCHOOLS’ BUDGET WHEREAS, § 22.1-100 of the Code of Virginia states that, at the end of each fiscal year, all unexpended public school funds that were derived from the funds of the local governing body shall revert back to th e governing body, and that it is within the local governing body’s discretion to then reappropriate such funds back to the school budget for the next year; and WHEREAS, the County Board of Supervisors approved an ordinance on January 10, 2023 to reappropriate $61,460,835.43 to the Roanoke County Public Schools’ fiscal year 2022-2023 budget; and WHEREAS, upon preparation of the carryover budget entry, it was determined certain HVAC projects funded through ESSER grants were not included in the total carryover balance; and WHEREAS, an additional appropriation of $3,807,876.66 is requested for these unspent multi-year grant projects; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, the first reading of this ordinance was held on February 28, 2023, and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of the members of the Board, this being deemed an emergency measure pursuant to Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Roanoke County School Board’s additional unexpended fiscal year 2021-2022 year-end funds in the amount of $3,807,876.66 are appropriated to the School Board’s fiscal year 2022-2023 budget. 2. An emergency is deemed to exist and this ordinance shall take effect upon its adoption. Page 1 of 2 ACTION NO. ITEM NO. E.2 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2023 AGENDA ITEM: Ordinance approving and authorizing an Amended Agreement with the City of Salem to allow Roanoke County to act as the Erosion and Sediment Control Authority and the Virginia Stormwater Management Program Authority for the West Roanoke River Greenway, Phase 1 (VDOT UPC No. 97171), located in the City of Salem and in the Catawba Magisterial District SUBMITTED BY: Megan G. Cronise Assistant Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: An ordinance is needed to authorize the execution of an Amended Agreemen t with the City of Salem to allow Roanoke County to act as the Erosion and Sediment Control Authority and the Stormwater Management Program Authority for the West Roanoke River Greenway, Phase 1 (VDOT UPC No. 97171), located in the City of Salem and in the Catawba Magisterial District. BACKGROUND: Roanoke County is developing the West Roanoke River Greenway proposed between Green Hill Park in Roanoke County and West Riverside Drive in the City of Salem. The 1.4-mile section of greenway was phased in September 2022 in order to deliver the portion of the greenway where right-of-way had been obtained and design was complete. Phase 1 is a 0.6-mile section of greenway proposed with a trailhead parking lot on West Riverside Drive and will extend east along the Roanoke River to the existing greenway in the City of Salem across from Kingsmill Drive. The right -of-way needed for this phase of the project has been secured and is owned by the City of Salem and Roanoke Page 2 of 2 County. Design plans are 100% complete, environmental permits are being re-verified, and construction is anticipated to begin this year. DISCUSSION: An Erosion and Sediment Control Permit and a Stormwater Discharge Permit must be obtained prior to engaging in land disturbing activities. Because more t han fifty (50) percent of the regulated disturbed land lies within Roanoke County, it is in the best interest of the project and of the localities if Roanoke County is the permitting authority for these permits, within both Roanoke County and the City of S alem portions of the project. A previous "Agreement to Administer the Erosion and Sediment Control and Virginia Stormwater Management Programs for the West Roanoke River Greenway Project" was executed on May 13, 2021. Because the project has been phased, the Agreement must be replaced to reflect the scope of Phase 1. FISCAL IMPACT: None. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors schedule the second reading for March 14, 2023. IA City ofSalem Roa nokeCounty GreenHillPark Phase 1 Phase 2 MAIN Riverside Park to Mill Lane MAIN CREEKSIDE MILLWHEEL WEST RIVERSIDE KINGSMILL MILLWOOD LILLY HOWARD TEXAS HOLLOW RIVERSIDE ALLIE MILLBRIDGE KEESLING STONE MILL HARBORWOOD RUSSLEN DIUGUIDS FORT LEWIS SALEM INDUSTRIAL MACON HURT RIVER OAKS BONAVISTA ISABEL WALNUT MILL POND GREENHILL HORNER LEEMOUNT AMY MILLSTREAM RANDOLPH JACKSON VALLEYDALE DIXIE OLDMILL CLOVER HAMMITTROLLINGWOOD GREENHILLPARK TURNER WINDSONG QUEENSMILL HOOK RIVER RIDGE HIGHGATE WOODS MEADOW ADA ASHLEY SPRINGMILL FOXFIELD POPLAR CLAYVIEW WOODSHILL WILDWOOD RD (SOUTH) HEATHERWOOD 0 750 1,500375Feet ¯ West RoanokeRiver Greenway:Riverside Park toGreen Hill Park October 20 22 Le ge nd Existing Section West Roanoke RiverGreenway Phase 1: WestRiverside Drive Tr ailhead toKingsmill Drive, UPC 97171(Constr uction in 2023) Parcels Owned byRoanoke C ounty West Roanoke RiverGreenway Phase 2: WestRiverside Drive Tr ailhead toGreen Hill Park (Removedfrom scope in 2022) Railroad Tracks Streets Waterbodies Jurisdiction B oun dary Ro ano ke Rive r Gre enw ay West Riverside DriveTrailhead to be Constructedas Part of Phase 1IA West Roanoke RiverGreenway: Riverside Parkto Mill Lane (Removedfrom scope in 2021) Page 1 of 5 AMENDED AGREEMENT TO ADMINISTER THE EROSION AND SEDIMENT CONTROL AND VIRGINIA STORMWATER MANAGEMENT PROGRAMS FOR THE WEST ROANOKE RIVER GREENWAY PHASE 1 PROJECT This AGREEMENT is entered into this ________ day of ______________ 20___, by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA (the “County”), and the CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA (“Salem”). RECITALS WHEREAS, the County and Salem are working together to construct the western portion of a bicycle and pedestrian trail identified in the regionally approved 2018 Roanoke Valley Conceptual Greenway Plan as the Roanoke River Greenway; and WHEREAS, the County is administering the West Roanoke River Greenway Phase 1 project (referred to hereafter as the “Project”), as a Local ly Administered Project with the Virginia Department of Transportation (“VDOT”) (VDOT designation UPC 97171), that will connect to the existing greenway located in Salem near the intersection of West Riverside Drive and Kings Mill Drive and then run to the west approximately 2,800 feet parallel to the Roanoke River on the north side of West Riverside Drive; and WHEREAS, before engaging in land-disturbing activities, the following permits must be obtained pursuant to Virginia Code § 62.1-44.15:55: 1. An erosion and sediment control permit must be obtained from local Virginia Erosion and Sediment Control Program (“VESCP”) authority; and 2. A stormwater discharge permit must be obtained from the local Virginia Stormwater Management Program (“VSMP”); and Page 2 of 5 WHEREAS, the County and Salem are the Erosion and Sediment Control and Virginia Stormwater Management Program Local Authorities that permit regulated land-disturbing activities within their respective jurisdictions; and WHEREAS, more than fifty percent (50%) of the regulated disturbed land lies within the County of Roanoke; and WHEREAS, it would be in the best interests of the Project and of each locality if only one erosion and sediment control permit and one Virginia Stormwater Management Program permit were issued to the Project, rather than one permit for each locality (County and Salem); and WHEREAS, pursuant to Virginia Code § 62.1-44.15:55, projects that disturb land in two jurisdictions may receive a single erosion and sediment control permit for the entire project by the jurisdiction that contains over fifty percent (50%) of the regulated land disturbance area , upon the condition that there be a suitable written agreement between the two jurisdictions; and WHEREAS, the Roanoke County Engineer has consulted with the local representative for the Virginia Department of Environmental Quality (“DEQ”), pursuant to Virginia Code § 62.1-44.15:32, and has been advised that a single stormwater discharge permit may be issued for the entire project; and WHEREAS, the parties have agreed that the County should be the sole Local Authority to administer the Virginia erosion and sediment control and Virginia Stormwater Management Programs for the entire Project - for the disturbed areas in Salem as well as in the County; and WHEREAS, the parties hereto executed a previous “Agreement to Administer the Erosion and Sediment Control and Virginia Stormwater Management Programs for the West Roanoke River Greenway Project” on May 13, 2021 (the “May 13, 2021 Agreement”); and Page 3 of 5 WHEREAS, since the parties entered into the said May 13, 2021 Agreement, the scope of the West Roanoke River Greenway Project has been amended by the localities. WHEREAS, the provisions of section 15.2-1300 of the Code of Virginia grant the authority for the Parties to enter into this Agreement. NOW, THEREFORE, THE PARTIES AGREE as follows: 1. The May 13, 2021 Agreement between the parties is terminated, and the terms of this Agreement shall supersede the provisions of that previous May 13, 2021 Agreement. 2. The County shall serve as the Local Authority for the Virginia erosion and sediment control program and the Virginia Stormwater Management program for the entire project in both the County and in Salem. In this capacity, the County shall have all of the responsibilities and rights to review and approve plans, issue permits, access sites to perform inspections, issue notices of corrective action, perform other enforcement actions as needed, close permits, and take any other actions, as appropriate, to administer the Virginia erosion and sediment control program and the Virginia Stormwater Management program. 3. This agreement may be terminated as follows: a. If the County desires to terminate this agreement, the County shall give Salem thirty (30) days’ written notice of its intent to terminate. b. If Salem desires to terminate this agreement, Salem shall give the County ninety (90) days’ written notice (recognizing that the County would need additional time in order to secure the appropriate permits to continue construction of the Project). Page 4 of 5 WITNESS the following signatures and seals: Approved as to form: _____________________ City Attorney CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA By____________________________________ Title___________________________________ State of Virginia County/City of , to-wit: The foregoing instrument was acknowledged before me this day of _______________ 2023, by ______________________, on behalf of the City Council of the City of Salem, Virginia. _______________________________________ Notary Public My commission expires: _______________ Page 5 of 5 BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By____________________________________ Richard L. Caywood, County Administrator State of Virginia County of Roanoke, to-wit: The foregoing instrument was acknowledged before me this ________ day of ______________ 2023, by Richard L. Caywood, County Administrator, on behalf of the Board of Supervisors of Roanoke County. _______________________________________ Notary Public My commission expires: _______________ Approved as to form: _______________________________ Office of the 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, TUESDAY, FEBRUARY 28, 2023 ORDINANCE APPROVING AND AUTHORIZING AN AMENDED AGREEMENT WITH THE CITY OF SALEM TO ALLOW ROANOKE COUNTY TO ACT AS THE EROSION AND SEDIMENT CONTROL AUTHORITY AND THE VIRGINIA STORMWATER MANAGEMENT PROGRAM AUTHORITY FOR THE WEST ROANOKE RIVER GREENWAY, PHASE 1 (VDOT UPC NO. 97171) LOCATED IN THE CITY OF SALEM AND IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Roanoke County and the City of Salem are working together to develop the West Roanoke River Greenway between Green Hill Park in Roanoke County and West Riverside Drive in the City of Salem; and WHEREAS, such development will include land disturbance activities for which an Erosion and Sediment Control Permit and a Stormwater Discharge Permit are required; and WHEREAS, more than fifty percent of the disturbed regulated land lies within Roanoke County, and County Development Services Staff recommends that it is in the best interests of the project for Roanoke County to act as the permitting authority for the West Roanoke River Greenway project; and WHEREAS, the first reading of this ordinance was held on February 28, 2023, and the second reading was held on March 14, 2023; and NOW, THEREFORE, BE IT ORDAINED BY the Board of Supervisors of Roanoke County, Virginia, that 1. The Agreement between City of Salem and the Board of Supervisors of Roanoke County for the County to serve as the permitting authority for the West River Greenway project; Page 2 of 2 2. That pursuant to the provisions of Section 15.2-1300 of the Charter of Roanoke County, the acquisition of any interest in real estate shall be accomplished by ordinance, the first reading of this ordinance was held on February 28, 2023, and the second reading of this ordinance was held on March 14, 2023. 3. That the County Administrator, or an Assistant County Administrator, is authorized to execute such documents and take such actions on behalf of the Board of Supervisors in this matter as are necessary to accomplish the execution of this Agreement, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. Page 1 of 2 ACTION NO. ITEM NO. E.3 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2023 AGENDA ITEM: Ordinance approving and authorizing an Agreement for construction and maintenance of the West Roanoke River Greenway Phase 1 (VDOT UPC No. 97171) Project with the City of Salem SUBMITTED BY: Megan G. Cronise Assistant Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: An ordinance is needed to authorize the execution of an Agreement for Construction and Maintenance of the West Roanoke River Greenway Phase 1 (VDOT UPC No. 97171) Project with the City of Salem. BACKGROUND: Roanoke County is developing the West Roanoke River Greenway proposed between Green Hill Park in Roanoke County and West Riverside Drive in the City of Salem. The 1.4-mile section of greenway was phased in September 2022 in order to deliver the portion of the greenway where right-of-way had been obtained and design was complete. Phase 1 is a 0.6-mile section of greenway proposed with a trailhead parking lot on West Riverside Drive and will extend east along the Roanoke River to the existing greenway in the City of Salem across from Kingsmill Drive. The right-of-way needed for this phase of the project has been secured and is owned by the City of Salem and Roanoke County. Design plans are 100% complete, environmental permits have been re -verified, and construction is anticipated to begin this year. Page 2 of 2 DISCUSSION: A portion of the West Roanoke River Greenway, Phase 1, will be located on property owned by the City of Salem (Tax Parcel IDs 165 -1-4, 178-3-7.3, and 178-4-1). Roanoke County and the City of Salem desire to outline responsibilities to construct, operate, maintain, repair and replace the greenway facilities located in their respective jurisdictions with an agreement. FISCAL IMPACT: None. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors schedule the second reading for March 14, 2023. IA City ofSalem Roa nokeCounty GreenHillPark Phase 1 Phase 2 MAIN Riverside Park to Mill Lane MAIN CREEKSIDE MILLWHEEL WEST RIVERSIDE KINGSMILL MILLWOOD LILLY HOWARD TEXAS HOLLOW RIVERSIDE ALLIE MILLBRIDGE KEESLING STONE MILL HARBORWOOD RUSSLEN DIUGUIDS FORT LEWIS SALEM INDUSTRIAL MACON HURT RIVER OAKS BONAVISTA ISABEL WALNUT MILL POND GREENHILL HORNER LEEMOUNT AMY MILLSTREAM RANDOLPH JACKSON VALLEYDALE DIXIE OLDMILL CLOVER HAMMITTROLLINGWOOD GREENHILLPARK TURNER WINDSONG QUEENSMILL HOOK RIVER RIDGE HIGHGATE WOODS MEADOW ADA ASHLEY SPRINGMILL FOXFIELD POPLAR CLAYVIEW WOODSHILL WILDWOOD RD (SOUTH) HEATHERWOOD 0 750 1,500375Feet ¯ West RoanokeRiver Greenway:Riverside Park toGreen Hill Park October 20 22 Le ge nd Existing Section West Roanoke RiverGreenway Phase 1: WestRiverside Drive Tr ailhead toKingsmill Drive, UPC 97171(Constr uction in 2023) Parcels Owned byRoanoke C ounty West Roanoke RiverGreenway Phase 2: WestRiverside Drive Tr ailhead toGreen Hill Park (Removedfrom scope in 2022) Railroad Tracks Streets Waterbodies Jurisdiction B oun dary Ro ano ke Rive r Gre enw ay West Riverside DriveTrailhead to be Constructedas Part of Phase 1IA West Roanoke RiverGreenway: Riverside Parkto Mill Lane (Removedfrom scope in 2021) AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF THE WEST ROANOKE RIVER GREENWAY PHASE 1 (VDOT UPC NO. 97171) PROJECT Page 1 of 6 THIS AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF THE WEST ROANOKE RIVER GREENWAY PHASE 1 (VDOT UPC NO. 97171) (“Greenway Agreement”) is made and entered into this ____ day of _______________, 20___ by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA (the “County”), and the CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA (“Salem”). RECITALS WHEREAS, representatives with Salem and the County have participated in constructing, operating, maintaining, and repairing Greenways within their respective jurisdictions in accordance with the regional Roanoke Valley Greenway Plan; and WHEREAS, the County is the Local Public Agency (LPA) administering a Virginia Department of Transportation (“VDOT”) Locally Administered Project (“LAP”) to design and construct the West Roanoke River Greenway Phase 1 (VDOT UPC 97171) project (“the Project”), which will connect to the existing greenway located in Salem near the intersection of West Riverside Drive and Kings Mill Drive and then run to the west approximately 2,800 feet parallel to the Roanoke River on the north side of West Riverside Drive; and WHEREAS, a portion of the West Roanoke River Greenway Phase 1 (VDOT UPC 97171) project will be located on property owned by Salem, specifically on Tax Parcel ID 165-1- 4, 178-3-7.3, and 178-4-1, all located in the City of Salem; and WHEREAS, greenways such as the one being constructed as the Project provide recreational opportunities and economic development benefits for each of the parties, and their construction and continued maintenance in good repair are in the best interests of both parties; and WHEREAS, Salem and the County desire to enter into this Greenway Agreement to outline their agreement as to the responsibilities to construct, operate, maintain, repair, and replace the greenway facilities located in their respective jurisdictions that are part of the West Roanoke River Greenway Phase 1 (VDOT UPC 97171) Project, irrespective of which locality administers the VDOT Locally Administered Project for construction. WHEREAS, Section 15.2-1300 of the Code of Virginia provides the statutory authority to enter into such agreements. NOW, THEREFORE, in consideration of the covenants and representations made below, and the above recitals which are incorporated herein b y reference and made an essential part of this Greenway Agreement, the parties agree as follows: Page 2 of 6 Section 1. Greenway Construction. A. Salem grants to the County and the County’s agents the right to go upon and to occupy its properties located in the City of Salem and identified as City of Salem Tax Parcel ID 165-1-4, 178-3-7.3, and 178-4-1 during the course of the Project for the purposes of construction of the Project. B. Before the Project is advertised for construction, the County will give Salem the opportunity to review and approve the construction plans for the Project. C. The County and the County’s agents shall exercise due diligence and reasonable care towards Salem’s properties identified as City of Salem Tax Parcel ID 165-1- 4, 178-3-7.3, and 178-4-1 during construction of the Project. D. The County agrees that existing improvements on Salem’s properties identified as City of Salem Tax Parcel ID 165-1-4, 178-3-7.3, and 178-4-1 and on adjacent public streets that are damaged by construction activities related to the Project will be repaired to as near original condition, as is practicable, unless otherwise stated in the approved construction plans. It is understood by Salem that the repaired improvements may not be identical to original conditions, but as near thereto as possible. E. The County agrees that at the end of construction of the Project, any disturbed areas on Salem’s properties identified as City of Salem Tax Parcel ID 165-1-4, 178-3-7.3, and 178-4-1 and on public streets adjacent to those properties will be restored with vegetation in accordance with requirements contained in the Virginia Erosion and Sediment Control Handbook. F. Project construction will be deemed to be complete upon final acceptance of the Project by VDOT. Section 2. Operation, Maintenance, Repair, and Replacement of the Greenway. A. The provisions of this section shall take effect upon final acceptance of the Project by VDOT. B. Upon completion of construction, the County shall not have any responsibility to operate, maintain, repair, or replace those portions of the greenway that are located on Salem’s properties identified as City of Salem Tax Parcel ID 165 -1-4, 178-3-7.3, and 178-4-1. C. All operations, maintenance, repairs, and replacements on those portions of the greenway that are located on Salem’s properties identified as City of Salem Tax Parcel ID 165-1-4, 178-3-7.3, and 178-4-1 shall be Salem’s responsibility. Page 3 of 6 D. The parties agree to be individually responsible for the operations, maintenance, repairs, and replacements of all greenway facilities located within their respective jurisdictions, including the costs thereof. Section 3. General Provisions. A. Effective Date and Term of this Greenway Agreement. The effective date of this Greenway Agreement is the date on which the last participating governing body executes this Greenway Agreement. This Greenway Agreement shall remain in effect until terminated as provided herein. B. Independent Entities. The parties are independent entities and each party’s employees, officers, and volunteers are not to be considered agents or employees of the other. C. Entire Agreement. This Greenway Agreement represents the entire and integrated agreement and understanding between the parties and supersedes all prior negotiations, statements, representations and agreements, whether written or oral as it relates to the Project or the continued maintenance of the greenway which will be constructed as a result of the Project. D. Amendments. This Greenway Agreement may be modified only by a separate written agreement, duly executed by all parties hereto. E. Termination. This Greenway Agreement may be terminated only by mutual agreement of the parties. F. Liability and Indemnification. Each party to this Greenway Agreement shall be responsible for any liability arising from the conduct of their staff, representatives, or agents. Neither party agrees to insure, defend, or indemnify the other. G. Insurance. Each party, at its sole cost and expense, shall carry insurance or self - insurance for its activities to be conducted in connection with this Greenway Agreement. Each party, at its sole cost and expense, shall obtain, keep in force, and maintain insurance or self-insurance for general liability, workers compensation, and business automobile liability insurance coverage adequate to cover its potential liabilities hereunder. Each party shall provide property insurance coverage for any equipment that it utilizes in meeting its obligations under this Greenway Agreement. H. Applicable Law and Venue. The parties mutually understand and agree this Greenway Agreement shall be governed by and interpreted pursuant to the laws of the Commonwealth of Virginia. If any dispute arises between the parties from or concerning this Greenway Agreement or the subject matter hereof, any suit or proceeding at law or in equity shall be brought in the Circuit Court of the County of Roanoke, Virginia. Page 4 of 6 I. Force Majeure. Neither of the parties shall be liable for failure to perform under this Greenway Agreement if such failure arises out of causes beyond control, and without the fault or the negligence of said party. Such causes may include, but are not restricted to, an Act of God or the public enemy, fires, floods, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather. In every case, however, a failure to perform must be beyond the control and without the fault or the negligence of said party. J. Severability. If any term, provision or condition of this Agreement shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections and clauses shall not be affected. K. Default. In the event either party to this Greenway Agreement is in default under the terms of this Agreement, the non-defaulting party may seek any legal remedy provided by law. L. Notices. All notices, requests, demands, and other communication shall be in writing and sent by overnight delivery, registered mail, certified mail, or hand delivery, addressed to the party's principal place of business herein written. Either party may by notice in writing, direct that future notices or requests, or demands be sent to a different address. Notices shall be deemed given at the time of delivery. The Authorized Representatives of each party are the following: To the City of Salem: Director of Community Development 21 South Bruffey Street Salem, VA 24153 To the County of Roanoke: Director of Parks, Recreation, and Tourism 1206 Kessler Mill Road Salem, VA 24153 Page 5 of 6 [signatures and seals continued on the next page] WITNESS the following signatures and seals: Approved as to form: _______________________ City Attorney CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA By____________________________________ Title___________________________________ State of Virginia County/City of , to-wit: The foregoing instrument was acknowledged before me this day of _______________ 2023, by ______________________, on behalf of the City Council of the City of Salem, Virginia. _______________________________________ Notary Public My commission expires: _______________ [signatures and seals continued on the next page] Page 6 of 6 Approved as to form: ________________________ County Attorney BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By____________________________________ Richard L. Caywood, County Administrator State of Virginia County of Roanoke, to-wit: The foregoing instrument was acknowledged before me this ________ day of ______________ 20___, by Richard L. Caywood, County Administrator, on behalf of the Board of Supervisors of Roanoke County. _______________________________________ 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, TUESDAY, FEBRUARY 28, 2023 ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF THE WEST ROANOKE RIVER GREENWAY PHASE 1 (VDOT UPC NO. 97171) PROJECT WITH THE CITY OF SALEM WHEREAS, the Roanoke County and the City of Salem are working together to develop the West Roanoke River Greenway between Green Hill Park in Roanoke County and West Riverside Drive in the City of Salem; and WHEREAS, Phase I of the project will include a 1.4-mile section of greenway, of which 0.6-mile section of greenway lies in the City of Salem on Salem Tax Parcel IDs 165-1-4, 178-3-7.3, 178-4-1; WHEREAS, the trailhead parking lot for this section of the greenway will be on West Riverside Drive extending east along the Roanoke River to the existing greenway in the City of Salem across from Kingsmill Drive; and WHEREAS, this greenway extension further promotes and exemplifies regional cooperation between the County and the City of Salem; and WHEREAS, staff for the City of Salem and the County have drafted an agreement to outline responsibilities to construct, operate, maintain, repair and replace the greenway facilities located in their respective jurisdictions; and WHEREAS, the first reading of this ordinance was held on February 28, 2023, and the second reading was held on March 14, 2023; and NOW, THEREFORE, BE IT ORDAINED BY the Board of Supervisors of Roanoke County, Virginia, that Page 2 of 2 1. The Agreement between City of Salem and the Board of Supervisors of Roanoke County for the County construction and maintenance of the West Roanoke River Greenway Phase I Project with the City of Salem is approved; 2. That pursuant to the provisions of Section 15.2-1300 of the Code of Virginia, as amended, such agreements shall be accomplished by ordinance; the first reading for approval of this Agreement was held on February 28, 2023, and the second reading of this ordinance was held on March 14, 2023. 3. That the County Administrator, Deputy County Administrator, or Assistant County Administrator is authorized to execute such documents and take such actions on behalf of the Board of Supervisors in this matter as are necessary to accomplish the execution of this Agreement, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption Page 1 of 3 ACTION NO. ITEM NO. F.1 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2023 AGENDA ITEM: Ordinance accepting $170,081 from the Virginia Office of Emergency Medical Services (OEMS) Rescue Squad Assistance Fund (RSAF) and appropriating such funds, along with a local match of $170,081 from capital reserves to the grant fund; Accepting $216,831.85 from the Virginia Department of Emergency Management (VDEM) and appropriating such funds to the Capital Fund; Accepting $100,000 from the Local Assistance and Tribal Consistency Fund (LATCF) and appropriating such funds to the grant fund; and Reallocating an additional $226,426.15 from the County Capital Reserves with $47,426.15 going to the grant fund and $179,000 staying within the capital fund; For the purchase of two (2) ambulances for the Fire & Rescue Department and to complete the replacement of firearms for the Police Department SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Ordinance to accept and appropriate monies for the purchase of two (2) ambulances for the Fire & Rescue Department and replacement of firearms for the Police Department BACKGROUND: The Vinton Volunteer First Aid and Rescue applied for and received a grant of $170,081 with a required local match (of $170,081) from the Rescue Squad Assistance Fund to purchase one ambulance. These monies need to be accepted and appropriated to go towards the purchase of an ambulance. Page 2 of 3 During the COVID-19 pandemic, the County submitted a request to be reimbursed for additional costs incurred by the County in response to the pandemic throu gh the Federal Emergency Management Agency (FEMA) which is passed through the Virginia Department of Emergency Management (VDEM). The amount reimbursed to the County was $216,831.85. These monies need to be accepted and appropriated and can go towards general government expenditures and capital needs. The County was made aware of additional funding available through the Local Assistance and Tribal Consistency Fund (LATCF) which is a general revenue enhancement program that provides additional assistance t o eligible revenue sharing counties and eligible Tribal governments created as part of the American Rescue Plan Act. These monies can be used for programs, services, and capital expenditures that are traditionally undertaken by a government and are conside red to fulfill a “governmental purpose.” The County has been allocated $100,000 with the first $50,000 already received and the second $50,000 to be paid in calendar year 2023. Ambulances: Roanoke County continues to have fire and rescue fleet needs du e to aging equipment and increased repair costs. Last year, the Board approved the purchase of several new ambulances and fire apparatus with ARPA funds, however to date these have not been received due to the required build times. Firearms: During the fiscal year 2023-fiscal year 2032 Capital Improvement Program the County appropriated $200,000 to replace the department issued firearms due to their life cycle reaching the end of expectancy as well as a history of issues with this weapon. With the rising costs due to inflation and supply demands it has been determined additional funding is needed to complete the replacement. DISCUSSION: Ambulances: Fire and Rescue was made aware of an opportunity to purchase two standard ambulances for delivery this month at a cost of $352,210 each. These are on the Houston-Galveston Area Council contract which is a government purchasing contract. Recommended funding is shown in Attachment A. Page 3 of 3 Firearms: The Police Department formed a committee to research and test a number of firearms. After a lengthy evaluation process the selection of a handgun is complete and additional funds needed for this capital project totals approximately $179,000. Funds are available in capital reserves. FISCAL IMPACT: $170,081 from the RSAF and the $182,129 will be appropriated from capital reserves and moved to the grant fund to purchase one (1) ambulance. $100,000 from the LATCF will be appropriated to the Grant Fund and $216,831.85 will be appropriated to the capital fund along wit h $35,378.15 from capital reserves will be moved to the grant fund to purchase one (1) ambulance. $179,000 from capital reserves will be appropriated within the capital fund to the firearms project to complete the purchase of firearms. (A total of $396,507.15 will be used from the County's capital reserves for the purchase of the ambulances and firearms). STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance. Vinton, VA 24179 Aaron Albertson 110 W Jackson Ave Gary R. Brown, Director Vinton First Aid Crew, Inc Dear Grant Administrator: The Office of Emergency Medical Services (OEMS) is pleased to announce that your agency has been awarded funding from the Financial Assistance for Emergency Medical Services Grant Program, known as the Rescue Squad Assistance Fund (RSAF). The attached Award Page itemizes the actual dollar value, quantity, funding level and item(s) your agency has been awarded under this program. The following documents can be completed and submitted via E-Gift: Memorandum of Agreement: Must be submitted by February 28, 2023. Instructions for Grant Reimbursement: All items must be submitted in order to process your reimbursement. Equipment Status/Final Report Form: This form must be submitted sixty (60) days after the grant cycle deadline. If your agency has had special conditions placed on your grant award, any and all conditions must be met in order to receive reimbursement. Items awarded may be available by state contract, www.eva.virginia.gov, OEMS recommends your agency purchase under state contract if applicable. Any funding your agency receives through Return to Localities funding cannot be used as the matching share of Rescue Squad Assistance Fund grants or any grants offered using Four-For-Life funds. "Any funds received from Section 16.2- 694 by a non-state agency cannot be used to match any other funds derived from Section 46.2-691 by that same non- state agency". All items awarded funding must be ordered from the vendor by February 28, 2023 invoices for all items awarded funding must be submitted to OEMS by July 31, 2023. You must contact OEMS prior to the February 28, 2023 deadline if your agency has encountered difficulties in meeting these deadlines. If you have any questions, please contact Michael Berg, OEMS Grant Program Manager at (804) 888-9106, Michael.Berg@vdh.virginia.gov or Linwood P. Pulling, Grant Specialist at (804) 888-9105, Linwood.Pulling@vdh.virginia.gov or 1-800-523-6019 for additional grant information. January 01, 2023 Congratulations, Office of Emergency Medical Services Consolidated Grant Program AWARD PAGE January 1, 2023 - December 31, 2023 Grant Period Agency Name: Grant Number: Vinton First Aid Crew, Inc WV-C03/12-22 Stryker Stretcher - 6507 Stryker Powerloader 2023 BRAUN AMBULANCE FUNDED FUNDED FUNDED 1 1 1 50 / 50 50 / 50 50 / 50 $12,650.00 $14,431.00 $143,000.00 Item Type (Item) Status Funding % Level Quantity Funded Amount Funded 13-Acknowledgment must be provided on any printed material, equipment or vehicle as follows: "Funding was made possible by a grant from the Virginia Office of Emergency Medical Services, Virginia Department of Health." 28-Agencies must remain compliant with EMS data submissions (Code of Virginia Section 32.1-116.1). This includes documenting "No Runs to Submit" as applicable. The monthly Data Quality Report will be used to monitor compliance. 45-Must transition to the ESO patient care reporting system. 46-Must submit updated demographic files to the Office of EMS annually. 13-Acknowledgment must be provided on any printed material, equipment or vehicle as follows: "Funding was made possible by a grant from the Virginia Office of Emergency Medical Services, Virginia Department of Health." 28-Agencies must remain compliant with EMS data submissions (Code of Virginia Section 32.1-116.1). This includes documenting "No Runs to Submit" as applicable. The monthly Data Quality Report will be used to monitor compliance. 45-Must transition to the ESO patient care reporting system. 46-Must submit updated demographic files to the Office of EMS annually. 1-Vehicle must be available for service 24 hours a day, 7 days a week. 13-Acknowledgment must be provided on any printed material, equipment or vehicle as follows: "Funding was made possible by a grant from the Virginia Office of Emergency Medical Services, Virginia Department of Health." 28-Agencies must remain compliant with EMS data submissions (Code of Virginia Section 32.1-116.1). This includes documenting "No Runs to Submit" as applicable. The monthly Data Quality Report will be used to monitor compliance. 35-All ambulances must be compliant with Virginia Emergency Medical Services Regulations 12VAC5-31- 810, Ground ambulance specifications. 48-Funds may not be used for travel, contract, or purchase fees related to the purchase of this equipment. $170,081.00Total: Notes Ambulance : Total: Vinton 352,210.00$ Vinton RSAF :170,081.00$ County Portion 182,129.00$ Ambulance 352,210.00$ Demo Avail Early Total for Both 534,339.00$ Page 1 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 28, 2023 ORDINANCE ACCEPTING $170,081 FROM THE VIRGINIA OFFICE OF EMERGENCY MEDICAL SERVICES (OEMS) RESCUE SQUAD ASSISTANCE FUND (RSAF) AND APPROPRIATING SUCH FUNDS, ALONG WITH A LOCAL M ATCH OF $170,081 FROM CAPITAL RESERVES TO THE GRANT FUND; ACCEPTING $216,831.85 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT (VDEM) AND APPROPRIATING SUCH FUNDS TO THE CAPITAL FUND; ACCEPTING $100,000 FROM THE LOCAL ASSIST ANCE AND TRIBAL CONSISTENCY FUND (LATCF) AND APPROPRIATING SUCH FUNDS TO THE GRANT FUND; AND RE-ALLOCATING AN ADDITIONAL $226,426.15 FROM THE COUNTY CAPITAL RESERVES WITH $47,426.15 GOING TO THE GRANT FUND AND $179,000 STAYING WITHIN THE CAPITAL FUND; FOR THE PURCHASE OF TWO (2) AMBULANCES FOR THE FIRE & RESCUE DEPARTMENT AND TO COMPLETE THE REPLACEMENT OF FIREARMS FOR THE POLICE DEPARTMENT WHEREAS, it is the recommendation of Roanoke County Fire and Rescue Chief that the County acquire two (2) new ambulances, which are expected to cost $704,420 ($352,210 each); and WHEREAS, The Vinton Volunteer First Aid and Rescue applied for and received a grant of $170,081 from the Virginia Office of Emergency Medical Services (OEMS) Rescue Squad Assistance Fund (RSAF), with a required local match, to assist with the purchase of an ambulance; and WHEREAS, during the COVID-19 pandemic, the County submitted a request to be reimbursed for costs incurred by the County in response to the pandemic through the Page 2 of 3 Federal Emergency Management Agency (FEMA), which is passed through the Virginia Department of Emergency Management (VDEM), and the amount reimbursed to the County was $216,831.85, which funds may be used for general government expenditures and capital needs. It is proposed that such funds also be used towards the purchase of the needed ambulances; and WHEREAS, the County was made aware of additional funding available through the Local Assistance and Tribal Consistency Fund (LATCF), a general revenue enhancement program providing additional assistance to eligible revenue sharing counties and eligible Tribal governments created as part of the American Rescue Plan Act. The County has been allocated $100,000, with the first $50,000 already received, and the second $50,000 to be paid in calendar year 2023, which monies can be used for programs, services and capital expenditures traditionally undertaken by a government and considered to fulfill a “governmental purpose,” and it is proposed that such funds also be used towards the purchase of the needed ambulances; and WHEREAS, During the fiscal year 2023-fiscal year 2032 Capital Improvement Program the County appropriated $200,000 to replace the Police Department issued firearms due to their life cycle reaching the end of expectancy as well as a history of issues with this weapon, and with the rising costs due to inflation and supply demands it has been determined additional funding in the amount of $179,000 is needed to complete the replacement. It is proposed that funds from the County’s capital reserves be reallocated to the capital fund for this expense; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and Page 3 of 3 WHEREAS, the first reading of this ordinance was held on February 14, 2023, and the second reading was held on February 28, 2023. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That in order to fund the purchase of two new ambulances for the Fire and Rescue Department: a. The sum of $170,081 from RSAF is accepted and appropriated to the Grant Fund. The County’s matching sum of $170,081 is reallocated from Capital Reserves to the Grant Fund. b. The sum of $100,000 from LATCF is accepted and appropriated to the Grant Fund. c. That the sum of $216,831.85 is accepted from VDEM and appropriated to the Capital Fund and then transferred to the Grant Fund. d. That the additional sum of $47,426.15 is reallocated from Capital Reserves to the Grant Fund. 2. That in order to complete the funding to purchase new firearms for the Police Department, the sum of $179,000 is reallocated from Capital Reserves to the Capital Fund. 3. That this ordinance shall take effect from and after the date of adoption. Recommended Funding for Two Ambulances Description Total 50/50 grant received by the Vinton Volunteer First Aid and Rescue for one ambulance $170,081.00 VDEM reimbursement 216,831.85 Local Assistance and Tribal Consistency Fund 100,000.00 Capital Reserves 217,507.15 Total cost for two ambulances $704,420.00 Attachment A Page 1 of 2 ACTION NO. ITEM NO. F.2 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2023 AGENDA ITEM: Ordinance amending the fiscal year 2022-2023 budget for the General Operating Revenues and Expenditures by $6,000,000 and appropriating $5,000,000 to the County's Capital Fund and $1,000,000 to the General Government Fund SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Ordinance to amend the current year operating budget by $6,000,000 BACKGROUND: The FY 2022-2023 Budget was proposed with conservative revenue estimates due to the volatility of economic conditions related to inflationary factors, supply chain issues, personal property values, and uncertainties in the real estate market. Since that time, revenues have exceeded projections while expenditures have been heavily impacted by increased costs due to inflation, particularly for contracted repairs of heavy equipment and capital costs related to higher construction material costs. DISCUSSION: County staff shared with the Board of Supervisors a mid-year review of general government revenues during a work session held on January 24, 2023. Currently, revenues are trending above budget overall but particularly in Real Estate Tax, Personal Property Tax, Sales Tax, Business License Tax, Cigarette Tax, and Meals Tax. Due to inflation, additional fund ing is required for the Bonsack Fire Station project, the Parks, Recreation & Tourism Offices at Public Service Center Project, Tax relief for the elderly and Handicapped and disabled veterans, and contracted repairs. These Page 2 of 2 revenues and expenditures are summarized on attachment A. FISCAL IMPACT: The amendment will increase the General Government revenues budget by $6,000,000 and increase the General Government expenditures by $500,000 for tax relief for the elderly and handicapped and disabled veterans, $500,000 for contracted repairs and $5,000,000 will be transferred to the capital fund to be used for the Bonsack Fire Station and the offices for Parks, Recreation and Tourism at the Public Service Center. There have been no changes to the ordinance sinc e the first reading held on February 14, 2023. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance. 11 FY 2023 Proposed Budget Amendment Revenue Category FY 2023 Proposed Budget Amendment Real Estate Tax Personal Property 1,812,500 Sales Tax 700,000 Business License Tax 350,000 Cigarette Tax 500,000 Meals Tax 600,000 Total General Government Revenue to be Amended $6,000,000 Expenditure Category FY 2023 Proposed Budget Amendment Bonsack Fire Station Project 2,500,000 PRT Offices at Public Service Center Project Tax relief for the elderly and handicapped and disabled veterans 500,000 Contracted Repairs 500,000 Total General Government Expenditures to be Amended $6,000,000 Attachment A 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, FEBRUARY 28, 2023 ORDINANCE AMENDING THE FISCAL YEAR 2022-2023 BUDGET FOR THE GENERAL OPERATING REVENUES AND EXPENDITURES BY $6,000,000 AND APPROPRIATING $5,000,000 TO THE COUNTY’S CAPITAL FUND AND $1,000,000 TO THE GENERAL GOVERNEMNT FUND WHEREAS, the County Administrator proposed the fiscal year 2023 operating budget on March 8, 2022; and WHEREAS, the proposed original fiscal year 2023 operating budget was adopted by the Board, by Resolution 051022-3, on May 10, 2022; and WHEREAS, as the Board of Supervisors amended the fiscal year 2023 operating budget on July 26, 2022 by Resolution 072622-2 following the adoption of the biannual Commonwealth of Virginia budget; and WHEREAS, County staff, in January 2023, have conducted a mid-year review of general government revenues; current revenues are trending above the revised and adopted budget, and a surplus is anticipated; and WHEREAS, it is proposed that the County’s 2022-2023 budget be amended and increased by $6,000,000; and WHEREAS, $500,000 will be appropriated for tax relief for the elderly and handicapped and disabled veterans, $500,000 will be appropriated for contracted repairs and $5,000,000 will be appropriated to the County’s Capital Fund; and WHEREAS, the first reading of this ordinance was held on February 14, 2023, and the second reading was held on February 28, 2023. Page 2 of 2 NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The County’s 2022-2023 Budget for general operating revenues and expenditures is amended and increased by the amount of $6,000,000. 2. The amount of $500,000 is appropriated for tax relief for the elderly and handicapped and disabled veterans. 3. The amount of $500,000 is appropriated for contracted repairs. 4. The amount of $5,000,000 is appropriated to the County’s Capital Fund. Page 1 of 2 ACTION NO. ITEM NO. G.1 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2023 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Open district appointments BACKGROUND: 1. Roanoke County Board of Zoning Appeals: Robert Arthur’s five (5) year term representing the Windsor Hills Magisterial District expired June 30, 2022. 2. Roanoke County Economic Development Authority (EDA)(appointed by District): Steve Musselwhite’s four-year term on the EDA expired on September 26, 2021 and he does not wish to be reappointed. 3. Roanoke County Library Board (appointed by District): The following District appointments remain open: Vinton Magisterial District Windsor Hills Magisterial District 4. Roanoke County Parks, Recreation and Tourism Advisory Commission (appointed by District): Page 2 of 2 The following appointments remain open: Mike Roop’s three (3) year term representing the Vinton Magisterial District expired June 30, 2019. Rich Tomlinson's three (3) year term representing the Vinton Magisterial District expired June 30, 2021. Murray Cook's three (3) year term representing the Windsor Hills Magisterial District expired June 30, 2020. There is also one open Windsor Hills Magisterial District appointee. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 28, 2023 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 February 28, 2023, 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 4 inclusive, as follows: 1. Approval of minutes – October 25, 2023 2. The petition of Sovereign Grace Community Church, Inc. to obtain a special use permit for religious assembly located on approximately 1.29 acres of land zoned C-2, High Intensity Commercial District, located at 4167 Electric Road, Cave Spring Magisterial District (First reading of Ordinance and request for Public Hearing and Second Reading of Ordinance) 3. Request to accept and allocate grant funds in the amount of $22,500 from George Mason University, Center for Evidence Based Crime and Policy (CEBCP) for the purpose of funding annual officer wellness visits 4. Ordinance authorizing the release and vacation of existing waterline, temporary construction and drainage easements located on 0.933 acre +/- on property of Margaret O. Klapperich, Instrument Number 201507683, Tax Map #027.06-05- 06.00-0000, Hollins Magisterial District (First reading of Ordinance and request for Second Reading) Page 1 of 2 ACTION NO. ITEM NO. H.2 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2023 AGENDA ITEM: The petition of Sovereign Grace Community Church, Inc. to obtain a special use permit for religious assembly located on approximately 1.29 acres of land zoned C-2, High Intensity Commercial District, located at 4167 Electric Road, Cave Spring Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Consent agenda item for first reading of an ordinance. BACKGROUND: The first reading of this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for March 28, 2023. The title of this ordinance is as follows: 1. The petition of Sovereign Grace Community Church, Inc. to obtain a special use permit for religious assembly located on approximately 1.29 acres of land zoned C-2, High Intensity Commercial District, located at 4167 Electric Road, Cave Spring Magisterial District. Page 2 of 2 DISCUSSION: There is no discussion on this item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for March 28, 2023. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 1, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. SPECIAL USE PERMIT APPLICATION 41 67 ELECTRIC ROAD ROANOKE, VIRGINIA 2401 8 TAX MAP NO. 077-20-02-19.00-0000 Submitted to: Roanoke County Zoning Division 5204 Bernard Drive Second Floor Roanoke, Virginia 2401 8 Prepared by: Sovereign Grace Community Church, Inc. 5017 Williamson Road, Roanoke, VA 2401 2 Submitted: December 2, 2022 Amended: January 6, 2023 2 Table of Contents I. Special Use Permit Application & Justification II. Concept Plan Checklist and Proposed Concept Plan Ill. Traffic Count Feasibility -Hughes Associates Architects & Engineers IV. Site Schematics -Offsets, Buffers, Parking -Hughes Associates V. Parking Partition and Proffer Statement by Applicant VI. Property Report and Surrounding Parcels VII. Easement Documents: Road Maintenance, Covenant to Preserve View, Deed VIII. Metes and Bounds IX. Fire Hydrant Application Requirements Cons ultation with the Co unty Planning staff to rev iew the fea s ibil ity of the proposa l and lo o bta iu reco mme nded proced ures and technical ass istance. /\p plica nt is enco uraged to co ntac t adjoini ng prop erty owners to in form t hem o f t he proposal. Applicatio11 must be leg ib le a nd signed by prope rty owner. co ntract purchaser, or owner's agent. J us tificatio n sta tin g in ge nera l terms th e c hange in use of th e property, the effe ct of the c hanges on the s urro unding area , the reas ons for the request, tbe cons is tency of the reques t w ith the Co mmun ity Plan , and the co ns istency o f the request w ith the ge nera l pm·poses of the Zoning Ord inance and the purpose state d at the beginnin g of the app licab le di str ict regulations. Co 11 cept Plan of the proposeu project and the con cept plan ch ecklis t must be submitted w ith the a pplications. Plan mu st be 8.5'' x I I ". Metes and b o unds d escription must accompany rezo ni ng applicati on. Wate r and se wer application a nd planim etric maps must accompany rezoni ng a nd spcl:ia l use permi t ap pl icat io n, if applicable. List of a,ljoi11i11g property o wners includi ng own er's na mes . addres ses (ma ili ng address inc luding z ip code) and tax map numb ers of a ll adjoining pro perties a nd those direct ly across a ny pub lic righ t-of-way m ust accompan y app lication , inc lu ding tho se in adjacent juri sdictions. Refer to tax records in the County Assessor's office. Application fees must accom pany application and are as follows: Rezo ning -/\gri/Single/Two Rezoning -Mu lti-fa mil y Rezo ning -Indus trial Rezoning -Comme rc ia l La nd Use P la n Amend me nt Spe 1.:ia l Use 13 LandfiU Spec ial Use B Other Variance Waiver Admi nistrative Appeal Technology Fee $4 15 + $20/acrc or portion thereof $860 + $2 5/acre or portio n thereof $840 + $30/ac re or portion thereof $945 + $32/acre or portio n th ereof $710 $1 ,87 5 $150 $190 $190 $275 5% fee on all per mit iss uing fees In addi ti on. the applicant must pay l egal advertisement fees . Staff wi ll prepare ad for the applicant and de liver ad to The Roanoke T imes . T he applicant w ill be bi ll ed by The Roanoke Times for the ad. Please inc lude e mai l and phone nu mber P ub lic Hea ring N oti ces must be posted at clearly visibl e locations along th e stree t fronta ge or property lines of the subject property. Not ices w il l be iss ued by P lann ing & Zoning fo ll ow ing rece ipt of the c omp leted a ppli c a ti on. For further information o r a ss is ta nce, please co ntact: Departme nt o f Planning 5204 Be rna rd Dri ve, SW P O Box 29800 Ro a noke, VA 240 l 8-0798 Phone (540) 772 -206 8 -Fax (540)776-7155 E-Mai l: plan ning@r oanokeco untyva.gov All required items must be submitted before the applictltion dea dline. For Staff Use Only Co unty of Roanoke Co mmuni ty Development Planning & Zon in g 1----~~1-C'---<,,L...--+--R-ec_e_i 1:..f?:_._: --.A-=---~ 5 5204 Bern ard Dri ve PO Box 2980 0 Ro a noke, VA 240 18 PC~date: 1---__;;___:__-1-----------'-'-4~~ Placards issued: (5 40 ) 772-2068 FAX (540) 776-7155 Case NtutJber ALL APPLICANTS Check type o f app lication filed (check a ll that appl y) □ Rezo ning cXS pecial Use □ Variance o Wa iver o Administra ti ve Appeal □ Co mp Pl a n (I 5.2-2232) Review Appl ican ts name/a d dress w/zip Ph o ne: 540-366-10 00 Sovereign Grace Co mmun ity Churc h , Lnc. Ce ll #: 540-302-342 1 50 17 Wi ll iam so n R oad Emai l : bc bic k@sovcrei~1grace.cc Roanoke, V irgin ia 240 12 Contact for Legal Ads Suzanne Y. Pierce (CowanP erry PC) O w ner's name/add ress w/zip Phone#: 540-8 19-5110 Amara l Broth ers, L L C Cell#: 628 Colorad o St. Ema i l: maggama I 95 4@botmail.com Salem, VA 24 I 53 P roper ty Locatio n Mag is terial Di stri c t: Cave Spring 4 167 Electric Road Roanoke , VA 24018 Comm uni ty Plann ing a r ea: FO24 -Tanglewood Commerc ial II Tax M a p No.: 077.20-02-1 9.00 -0000 Ex is ting Zoning: County -C2 S ize ofparcel(s}: Acres: 1.29 Ex is ti ng L and Use: Restanraut (now vacant) REZON ING, SPECIAL USE PERMIT, WAI VE R AND COMP PLAN (15.2-2231) REVIEW APPLICANTS (R/S/W/CP) Proposed Zoning: C-2 Special Use Permit P roposed Land Use: Reli gious Assembly Does th e parc el m ee t th e min im um lot area , w id th, and fro n tage requi re m ents oftbe requested di str ic t? Yes x No IF NO, A VAR IANCE IS REQUIRED FIR ST (Rezoning). D oes the parcel meet the minim u m criteria for t he requested U se Type in Arti c le IV (Sp ec ial Use P erm it)? Yes x No lF N O , A V A IUANCE IS REQUIRED FTRST lfrezonj ng request, a.re cond itions being proffered with t hi s reques t? Ye s 0 VARIANCE, WA IVER AND ADMlNTSTRATWE APPEA L APPLICANTS (VIW/AA) Variance/Waiver of Section(s) of the R oanoke County Zon ing Ord inance in o rder to: Appeal of Zo n i ng Admin istrator's d ecis ion to Appea l of [nterpreta t io n of Sectio n t s): o f the Roa n o ke Cou n ty Zonj ng Ordi na nce Ap p eal oflnte rp rc ta t io n of Zoning Map to l s the application co mplete? P lease c heck i f enc losed. APPLICATION WJLL NOT BE ACCEPTED IF A.J"fV OF THESE ITEMS ARE MISSING OR INCOMPLETE. App lication fee Proffers, i r app li cab le '--"<----'--' Adjoining property owners tract purc haser and am acting wi th the kno wledge and 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Applicant Sovereign Grace Conmmnity Church, Inc. The Planning Commission will study rezoning, special use permit waiver or community plan (] 5.2-2232) 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 fhe purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. Sovereign Grace Community Church's ("SGCC") mission is to be a Christ-exalting, gospel-centered and disciple-making church. We live out this mission by serving our community in any way we can. Our vision, ministiy and mission align with the pur_poses of the Roanoke Cotmty Ordinance, as we seek to support the health, safety, and general welfare of those around us. In purchasing the former Carlos restaurant ( 4167 Electric Road), our desire is to become part of the community located along 419, and to do our part in making it an attractive and harmonious community. Although obviously not engaging in commercial activity, our church provides service-related activities, and would be serving the sunounding community (see below for some examples). Please explain how the project confonns to the general guidelines and policies contained in the Ro.:moke County Community Plan. Our plans for this property wHI incorporate a high standard of design, and we are committed to meeting the requirements of the Cmmty, in providing appropriate ru.·chiteciure, landscaping and signage. We will ensure that all Arterial infill characteristics are met. The cur.rent building will remain one story and 25 ft minimum from the front lot line. The parking lot is well established and easily meets the required setback lines. Cun-ently, there is on-site green infrastmcture and landscaping on the hillside in front of the building, which will be maintained. SGCC is working with Hughes and Associates to improve the interior of the current building as shown in the potential architectural drawing. A new handicap accessible entrance will be constructed on the left side of the building. As previously stated, our goal is to engage and become an active member of the 419 community. We want to encourage more neighborhood involvement and are already seeking to engage with the owners of neighboring properties as we work throug11 this process and renovate the property. We are also committed to redeveloping an established building .in the area, which has now been sitting vacant for almost seven months and had been on the market for over a year. ff'nntinuecl nil senarrJ·,.,. narrc.) 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 ,md fire and rescue. Should the County see fit to grnnl the requested Special Use Permit, we believe the impact on the property, adjoining properties and su1Tou11ding area will be incredibly positive. The building is currently vacant. The restaurant closed in May, and the property has been on the markcl for over a year. There arc notably a number of properties currently for sale along EleclTic Road, and we believe our purchase and development of this property wilJ be for the good of the surrounding area. As already discussed above, our church is heavily focused on serving the community in which it is located. This desire has been "top ofU1e list" as we have searched for an appropriate property. We believe om active service to the surrounding community will benefit and enhance the adjoining properties and surrouuding area . . On Sundays, and tluoughout the w,eek, om church will be attracting its members to the surrounding area (we have members from all five districts and some drive as far as 45 minutes to our location). Not only will this draw business and increase patronage in the surrounding area's shops and restaurants (especially on Sundays), but the properly's location also supplies easy access from 220/581 making it a strate2:ic for those travelimI from other narts of the countv and hevond. (Continued on seoamte nau:e.) 3 Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Response Continued: It is a beautiful property with one of the best views in Roanoke, and we wish to take full advantage of this beautiful site in how we renovate the property. Below are two ways that we believe SGCC "conforms" to the general guidelines and polices contained in the Roanoke County Community Plan. 1) The Board Retreat Presentation regarding Planning for Economic Development of Roanoke County makes a focused effort to not only include a comprehensive community analysis and incorporation of transformational community development polices and strategies, but it also prominently highlights another emphasis; namely, "It's about connectivity and building a stronger, livable community with high-quality amenities." We believe that the vision, ministry, and mission of Sovereign Grace Community Church not only conforms to the "connectivity and building [of] a stronger livable community," but we believe that it enhances this stated emphasis. Over the past 20 years SGCC has been involved in the community in numerous ways: • Started and coached a Napoli Refugee soccer team; sponsored international students from Roanoke and Hollins College, integrating them with American families and assisted college students with 'move in day' on multiple occasions. • Have supplied underprivileged children with back-to-school supplies and backpacks; provided tutoring to Afghanistan women; awarded adoption funds for numerous families trying to adopt. • Provided gifts for local kids of parents in prison/ armed services. • Conducted several neighborhood outreaches in the Wasena neighborhood including all kinds of free home repair, landscaping, and yard work to multiple homes. • Operated numerous free yard sales, and free car washes annually, and even conducted a free gas outreach in the Hollins area. • Revitalized a trailer park in our former neighborhood. • Provided a feeding program where families were given a couple of weeks work of food for a small price. • During COVID, SGCC weekly delivered food to people who were homebound in cooperation with another ministry. • Provided meals for Faith and Finances classes where single mothers are equipped with life skills to pursue a career. • Held community Finance Classes and seminars to assist people in money management. • Supported the Blue Ridge Women's Center in numerous endeavors including helping to purchase ultrasound equipment to assist those with unexpected pregnancies to see their child in the womb. • Sponsored marriage retreats in cooperation with other churches to strengthen local marriages. • Held classes for young aspiring entrepreneurs. These examples are far from complete [there are many more] regarding the different ways that we have built "connectivity" and enhanced a "stronger livable community" over the past 20 years (we have been an established church in Roanoke Co since 2002), but I want to highlight two endeavors that we have actively been involved with in the Cave Spring District because the proposed SUP involves the 4167 Electric Road property. a) First, we believe that one of most neglected populations in our community is the elderly population. For the past year we have been sending a pastor and a group of dedicated individuals every other Sunday to minister to those who live at Harmony Collection (an assisted living facility at the top of Pheasant Ridge behind Outback Steakhouse). We have provided an "in house" church service including music, teaching, and fellowship for those who cannot leave the facility every other week. This Christmas season we are providing a stocking decorating activity for all ninety residents so they can create their own stocking to decorate their bedroom doors. SGCC will also host a Christmas party and then on Christmas Day provide free gifts to fill each resident stocking. If we would be able to obtain a Special Use Permit on the Carlos property, we would like to weekly shuttle many residents into the Sunday Service if permitted since it is nearby, as well as continue our bi-weekly service and ministry to Harmony Collection. b) A second neglected population in Roanoke County during COVID were the teachers and staff members of our area schools. During COVID we became acutely aware of the tremendous stress put on the teachers and staff of county and city schools as teachers were having to create virtual learning environments by implementing new technologies and learning platforms with little training and explanation, addressing new parental frustrations as parents tried to help their children learn on line, and helping failing students engaging these new 'learning environments' in order to try to ensure student success, etc. One congregant at SGCC, who was at the time the choral director for Botetourt High School and Reed Mountain Middle School, had over twenty separate gradebooks for all the segmented classrooms and student populations! In sum, teachers, who were "front line responders," were by-in-large ignored during this crisis though they were serving our communities heroically. So, to serve this portion of the community, we sent 610 gift cards from a local coffee establishment, along with an encouraging message of support and gratitude, to every full-and part-time teacher, instructional assistant, administrative assistant, counselor, nutrition associate, custodian, and administrator from nine different area schools (We were previously meeting on Sunday mornings at Northside Middle School so we of course included both NSMS and NSHS, but also included Cave Spring Middle and High School, and Hidden Valley Middle and · High School because I have lived in the Cave Spring community for 20 years.:. plus I am an assistant baseball coach at CSHS and my son also attends this school). Why did we do this? Because of our understanding of the character of God. And from that, our mission and motivation as followers of Jesus Christ is to help foster a connectivity and to be a part of building a stronger, more livable community just like the proposed goals of the Economic Development Plan of the 419 area. It could be argued that the Economic Plan envisions doing this via "high quality amenities," but I believe we could make a very strong argument that the many ministries that would happen at 4167 Electric Road (some listed above; others TBD in the future) would provide "high quality amenities" in the form of serving, equipping and promoting stronger communities through individual development and personal growth with a permanent base of operations at this specific locale ("amenity": The quality of being pleasant or attractive; Something that contributes to physical or material comfort; A feature that increases attractiveness or value, especially of a piece of real estate or a geographic location). One might ask, why can't you do this at any place throughout the Valley and not in this specific location? In one sense we can. We have bloomed where we are temporarily planted (see "2. Activity Center" section below) which is one reason we have provided and served NSMS teachers and staff breakfast on their first day back to school for the last several years among other things. However, in other sense, we cannot. Over the years, COVID and leasing a building for over a decade, have both taught us an important lesson regarding not having a permanent location. Temporary locations offer only temporary solutions (we were disallowed to meet at NSMS with just a few days' notice and had to relocate to the Holiday Inn on 419 during COVID. Before that, while leasing the former Moore's Lumber Building for a decade, we had to 'pack up' and move to another location on short notice). The uncertainty of those locations either interrupt or disallow the many ways that we desire to serve and support our community. When I relocated from Florida to Roanoke in 2002, 80% of the church plant resided in the Cave Spring area. So, naturally we purchased a house here and have lived just down the road from the 4167 Electric Road property for the past 20 years. This area is home to us (we initially met at the Pheasant Ridge location), and we would like to put down permanent roots where we are not at the mercy of some other entity. 2) Activity Center -A second way that SGCC "conforms" and enhances the Planning for Economic Development Proposal, is stated on the Expanded Growth Strategy page by the writers of the proposal. The plan states that not only should Roanoke County pursue increasing the amount of land zoned for commercial and industrial use (1.85%-Commercial; 2.17%­ lndustrial), it also asserts that, "the County's economic development strategy should also include redevelopment in existing activity centers to make the County more attractive to business."The plan targets the Tanglewood Mall and the South Peak area as the #1 and #3 priority to target making the County more attractive to business reflecting the recommendation of Christopher Llyod McQuire Woods Consulting LLC, that, "Businesses are looking for a place, not iust a site.,, We believe that entities like SGCC, attract businesses because we are not merely a site, but a place. Let me explain. For over a decade SGCC was located in the very center (just like the proposed location at 4167 Electric Road which is designated as "core") of one of the twelve Activity Centers (#4 to be · precise) identified by the Roanoke County Economic Development Plan, namely at the corner of Peter's Creek and Williamson Road (the former Moore's Lumber and Thunder Valley Building). I had to go before the Board of Supervisors in 2003 and state to them why they should allow a nonprofit entity to occupy that strategic space. Just before my presentation at the Board of Supervisors meeting, the Board rightly recognized and awarded a local firefighter who was involved in a life saving measure. When I began, though we were a brand-new church and our community involvement was 'slight' at best, I promised that we, like the firefighter, were involved in a noble activity and cause -the cause of saving and changing lives. This is what we did in the middle of that "Activity Center." Not only did we see marriages saved and lives turned around for the better, but we impacted the surrounding community (Activity Center) in a tangible way. We fixed up trailer homes by replacing floors, built handicapped accessible stairs and porches for the physically challenged, provided a playground area and basketball court for the children to the property that was immediately adjacent to our building (still in the "core" area identified in the Peter's Creek/ Williamson Road area). Because we had a somewhat 'permanent' place (we leased the property) we were able to be a presence in the community 24/7 rather than just a few hours on a Sunday when we had to meet in places like schools or the Holiday Inn. We were able to serve this community with free car washes, free gas fill ups (during the 2008/9 crisis we held free gas days where a nearby gas station on Plantation Road allowed us to purchase the gas as participants filled up their tank) and packed our 10,000 sq. foot meeting space with furniture, accessories, clothing, tools and the like to give away for free as on an annual basis. All of this was providing a "place," not just a "site," to the surrounding businesses that we lived in community with. Over the years, it was often that we were ordering dozens of pizzas from the adjoining property of the Pizza Den or Little Caesars across the street for ministry activities, or going out for lunch after service at Alejandro's, or purchasing supplies from the Kroger across the street for numerous activities and outreaches. We were a part of the community of this identified "Activity Center," and though we did not contribute annual taxes because we are a nonprofit, we most certainly brought in thousands upon thousands of dollars each year to the surrounding businesses, and more importantly, helped the Activity Center become not just a "site," but a "place" that businesses were very happy to call us neighbors. In sum, we realize that a nonprofit entity with a special use permit does not pay property tax and that the Comprehensive Economic Development Plan might on the surface seem to be antithetical to an entity that is not bringing in annual tax revenue. However, we also realize that "value" is something assigned, and not just measured financially (though we do believe we will financially benefit the area -see below). We believe that the 419 Plan places "value" on serving the community which we believe is right in line with our mission and our 20-year track record. If it is true that the Planning Commission and the Board of Supervisors is in lock step with the "spirit" of Economic Plan for the 419 area, ("It's about connectivity and building a stronger, livable community with high-quality amenities" ... "the County's economic development strategy should also include redevelopment in existing activity centers to make the County more attractive to business" ... "Businesses are looking for a place, not iust a site.") then we believe SGCC can serve a vital purpose in both serving and bringing the local community together. We believe that we would not be a liability, or an "underutilized property;" instead, we believe we would be a major asset-even to an "Activity Center" like the 419 corridor. 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. Response Continued: Given the size of our congregation, the time of meeting, and capacity of the building, we do not envision any negative impact on traffic in the area. When all of our members meet on Sunday morning, we expect that this meeting will produce fewer vehicles than when the previous owner's restaurant had been at full capacity. We also do not see any negative impact on water/sewer, schools, parks/ recreation, fire, and rescue. The concept plan shows that we will expand the existent bathrooms to meet code, but again, these few interior alterations will only be serving up to 205 people on a Sunday morning. We also will be ensuring that all necessary measures are taken to comply with the fire code, and the building is in compliance with all applicable code provisions for a religious assembly. • In accordance with the 419 Town Center Development Plan, the 2005 Roanoke County Plan as well Roanoke County 200 Plan, the location of our property does not affect the 'arterial inflow' because it is up on top of a hill and not walkable along the curbside on 419 (this would especially not interfere with future plans for sidewalks etc. along this area). The building would be modified with interior renovations but have the same basic exterior structure so as not to change the 'look' of the building from the vantage point of 419. •Asa church we do not provide any after school or day care service etc. so the usage of the building would mainly include one service on a Sunday and possible small group meetings (less than¼ of the congregation -27.5 persons) on Monday and Wednesday (potentially 60% of the congregation -66 persons) evenings. Dismissal on Sunday ebbs and flows as congregants often depart at different times according to fellowship patterns and different programs offered after the Sunday service. In addition, the access road only allows a right turn out of the property which will accelerate dismissal and provide minimal if any traffic. • In accordance with the SUP regulations of 1 parking space per 4 seats in the principal place of worship, the 77 spaces on the 4167 property provides ample room for parking (205/4 = 51.25 spaces) requirements. At present, the church has about 110 congregants (including children) on a Sunday morning. • The Office of Building Safety (Morgan Yates) was contacted by our realtor and both the Water Authority and Fire Marshall were set for appointments in late Dec 2022 and early Jan 2023 to test for water inflow and hydrant flow. I CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be s ubm itted w ith the appli cation. T he co ncep t plan shall graph ica ll y de pict the land use change, deve lo pment OJ variance that is to be co ns idered . Furth er, th e plan s hall address any potentia l land use or d esign iss ues ari sing fr om the requ est. l n s uch cases in vo lv ing rczo nings, the app li ca nt may proffer co nditions lo limit the fi.iture use and development of tbe property and by so d o ing. co rrect any defic ienci es tha t may not be manageab le by County permitting regulatio ns. Th e co ncep t plan s hould not be cortfused wi lb Ille site plan or plot plan that is req uired pri or lo lbc issuai1ce of a buildin g perm it. Site pla n a nd bui ld ing pe rmit procedures ens ure co mpliance with State and Co un ty developm ent regulatio ns and may require chan ges to the ini tia l co ncep t plan. Unless li mi ting cond iti ons are proffered and ac ce pted in a rezonin g or imposed on a spec ial use pe rmit or va r ia nce, the co nce pt plan may be alte red to the ex te nt permi tte d by the zo ning distr ict :.ind other regu lations. A concept plan is requ ired wi th all rezoning , s peci a l use permit , wa iver, co mmunity plan (15.2 -2232) rev iew and varia nce applica ti o ns. The plan s ho uld be pre pared by a profess io nal s ite planne r. The level of detail may va ry. depend ing on the nature of the reques t. The Cou nty Planni ng Di v ision staff may exe mpt so me of the items or suggest the additi o n o f extra items, but the follow ing a re co nsi dered minimum: A L)-, APPLICAJ.'-ITS _✓_ a. App li c ant name and na me of deve lop ment ✓ b. Date, sca le and north a JTow ✓ c. Loi size iu acres or sq uare feet and dime ns ions ✓ d. Loca ti on, nam es ofowuers and Roa noke County la x map nu mbers of adjoini ng properties _L_ e. Phys ical fea tures s uch as gro und cover, natural wate rco urses, fl oodplain , etc . ✓ r. T he zo ning and land use or nil adjacent properties ./ g. All proper ty lin es and easements v h. A ll buildings, ex is ting and proposed. a nd d ime nsion s, lloor area and he ig hts _L I. L j. Location, width s and names of all ex is ting or platted streets or other public ways with in or adjacent to tbe develop ment Dime ns ions and location s of all dri veways, parking s paces a nd loadi ng s paces Additio11al i11/or111atio11 required/or REZONING a11d SPEC IA L USE PHRM!T APPLICANTS L k. __L I. __i_ 111. L 11. L (). _L p. _L q. Existing util ities (water, sewer, s torm dra ins) and co nnec tio ns al the s ite Any d riveways , ent rances/exits. curb openings and crossovers Topography map in a s ui ta bl e sca le and co ntour inte rva ls App rox imate s treet grades and s ite dista nces at inte rsection s Loca l io ns or a ll adjacent fire hydrants A ny proffered conditi ons a l the s ite and ho w they are addressed If project is to be pha sed, please show phase sc hedule 1 cert ify that all items re uired in the c heck li ~l above a re comple te. Signature of "'i-ll~...._,"--..,, 6tJ.t..Q.. ch~ c-v-1 P ~-J..u-J-. &-./e/o;~ ~CL "'v-A;~Ci.\vc.-k, l~c.. / 2-/:2 /41 0 ;)';)_ Date 6 Community Development • Planning & Zoning Division POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The fol lowing is a list of potentially high traffic-generating land uses and road network situations that could elicit a more detailed analysis of the ex isting and proposed traffic pertinent to your rezoning, subdiv ision 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 w ith 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-fami l y residential subdivisions, Multi-family residential units, or Apartme nts with more than 75 d well ing units • Restaurant (with or wit h out drive-through w indows) • Gas station/Co n ven i ence store/Car was h • Retail shop/Shopping center • Offices (including: financia l in stitutions, general, medical, etc .) • Regional publ ic faci l iti es • 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 arteria l 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 stu d y is more than two (2) years old and/or roadway conditions have changed significantl y • When required to eva lua te access issues • Devel opment wit h ingress/egress on roads p l a nn ed or sc h edu l ed 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 existi ng traffi c and/or safety problem • Devel opment would potentially negatively impa ct existing/p l an n ed traffic signa l (s) • Substantial departure from the Community Plan • Any site that is expected to generate over one hundred (100) trips during the peak hour of th e traffic generator or the peak hour on the adjacent street s, or over seven hundred fifty (750) trips in an average day Effective date: April 19, 2005 7 Community Deve lopm e nt Planning & Zo ning Div is ion NOTICE T O APPLICANT S FO R R EZONIN G , SUB DI V IS ION W AI YER, P UBL IC STREET W AIYE R , OR S PEC I AL USE P ERMIT PET ITI ON PLANN JNGCOMM JSSION APPU CAT LON ACCEPTANCE PROCEDU RE The R oanoke County Plannin g Commi ss io n reserves the right to co ntinue a Rezo ning, S ubdiv is ion Wa ive r, Pub lic Stree t Wai ve r o r Spec ia l Use Pe nni t pet iti o n if new o r additi onal in form a ti on is prese nted at the publi c h earin g . If it is th e opini o n of th e maj o rity o f th e Plannin g Commissio ner s present at th e sch edu le d pub l ic hearing tha t s uffic ient tim e was not availab le fo r pla nni ng s taff and/or a n ou ts ide refe rra l agency to adeq uate ly eva lu a te a nd pro v ide wri tte n co mm e nts and s ugges t io ns o n th e new or addition a l informati on prio r to the scheduled pub li c hearin g then th e P lam1in g Co mmi ss ion may vo te to con t inu e th e pe tition . Thi s continua nce s ha ll a ll ow s uffic ient tim e for all necessa ry review in g part ies t o eva lu ate the new o r addi tiona l inform a tion a nd pro v ide w ri tte n co mm e nts a nd su gges tions to be in c lude d in a w ritte n me mo ra ndum by p lannin g staff to the P lanning C ommiss ion . Th e Pla nning Co mmi ss io n sh a ll co ns ul t w ith p lanning s ta ff to det e rmin e if a co ntinu ance m ay be wa rra nted . P OTENTIAL O F NEED F OR TRAFFIC ANALY SE S AND/OR T RAFF IC I M PACT S T UDY The R oa noke County Plannin g Commi ss ion rese rves the right to continue a Rezonin g, Subdiv is ion Wa ive r, Pub! ic StTeet Wa iver, or Spec ia l Use Pennit pet iti on if the Co un ty Trafft c Eng in eer or s taff from lh e V irg ini a De partm ent of T rans portatio n reques ts f urth er tra ffi c a nalyses and/or a traffi c impact s tudy th at wo ul d be be nefi c ial in mak in g a land use decis ion (Note: a lis t of poten tial Land uses and situations that would necessitate.further study is prov ided as part a/this application package). Thi s co ntinuance s ha ll a ll ow su ffi c ient tim e fo r a ll necessary rev iew in g parti es to eva luate th e req uired traffi c an alyses and/o r traffic impact s tudy and to provide w ri tten co mm ents an d/o r su ggest ion s to the p lann ing staff a nd th e Pla nnin g Co mmi ss ion. If a cont inu ance is warra nted, the appli cant w ill b e not ified o f th e continuance a nd the new ly sc hedul ed public hea ring date. Effec t i ve date: April 19, 2 005 Date 8 ~ROANOKE Alli-COUNTY VA Pro pe 1·ty Location: 4167 E LECTRfC R D Parcel ID: 077.20-02-19.00-0000 M ag is teria l Dis tri ct: Cave Spring Account : 33 749 C a rd 1 of I Owne r Na m e a nd Maili ng A ddress: A MARAL BROTH ERS L LC 4 167 EL ECTRJC RD ROANO KE VA 2401 8 C urre nt P roperty As sessme nt 2 022 To tal B ui l d i ng Val ue : 631 400 Total L and Va lue : 290300 Total Valu e: 938900 Na rT ative Description T his prope rty contains 1.29000 AC of land wit h a(n) RESTAU R ANT s ty le build ing . Bu ilt a bout 1978, having: prima1y STUCCO ON CONCRETE BL OC K e xte r io r and A RC HIT ECTUR AL S HINGL ES roo f cover, 0 be droo m(s), 0 fu ll bath(s ). 0 half ba th(s ). ,Jurisdi ction: Legal Des cr iption : Prope r ty C haract e ristics Roanoke Cou nty TR A R ESU B D FOR EAST MALN PR O PERT LES LLC Deeded Acreag e : 1.29000 AC Neighborh ood: F0:!4 / TANGL EWOOD C O M ME RC IA L I I Es tima led Acrea ge : 1.28 17 AC Vaca n t L:rn d : NO S a le D a te Sale Price 3 /26/2002 70 0000 1/31/200 2 0 1 /31 /2 0 0 2 0 1 /3 1/2 0 0 2 0 8/21/2001 6000 0 0 8 /1/1 9 8 9 0 Ce nsus Block: 5 11 6 10 3090 0500 I Lan d Use Prog ram: NO Legal R efe re nce DB020020579 1 PB02002 01 96 1 PB02 0020 196 1 PB020020 196 1 D B 00l71 60 156 1)8 00 13090 152 Sa les In formation Mos t Recent Sales r ~ -.\-\ rcre ---'1 t \~-f C>~ 12/1/20 22 ~ROANOKE .-COUNTY VA Property Location: 4167 EL ECTR IC R D Parcel ID: 077.20-02-19.00-0000 Magisterial District: Cave S pring Account: 33749 C ard l of 1 Split: Zon ing Code Co unty-C2 Action No: Date: O rdinanc e: Name: 2 Zonin g lnfu1·mation Zo ni ng Descri ption H igh In te nsi ty Commercia l Distric t 12/1/2022 ~ROANOKE .._-COUNTY VA Property Location : 4167 ELECTRIC RD Parcel ID: 077.20-02-19.00-0000 Magisterial District: Cave Spring Acco unt: 33749 C ard l of I Emergency C omrnunicalions: Airport: No We ll head Protection: Yes Floodplain: No Overlay Districts Roanoke River Conscrvaliun: No *Mmrnf'actured Housing: No C learbrook Villa ge: No *For more Jnformalion on Roanoke Counly Zoning, pl ease call 540-772 -2068 or vis it https://www.roanokecountyva.gov/pz C ommunity Num ber: F lood Certificates Buildin g Type: Year Built : 5 10 190 liTRM Panel: 5 11 6 1C0251G Flood Zone: X RESTA URANT 1978 F ini shed Area (SF): 6794 Style/S tory Height: 1.0 STORY Bedrooms: 0 F ull Baths: 0 I lalf Baths: 0 Air C onditioning: 100% Heatin g: 100% H eating Type: AIR-D UCTED Il ea ting Ful'I: GAS 3 F lood Zone Information Effective Date: 9/28/200 7 Flood way: B uildin g Description Foundation Type: SPREAD FOOTING Roof S tructure: IRREG ULAR WOOD TRUSS Roof Cove r: ARCH ITE CTURAL SHINGLES Primary Ex terior Wall: STUCCO ON CONCRETE BLOCK S econcla,·y Ext e rior Wa ll: Primary Interior Walls: DR YWA L L Secon dary Interior Wa ll : Primary F lo ors: CARPET Secon dary F loors: B asem ent Garage: F ireplace: 12/1/2022 ~ROANOKE _.-COUNTY VA I Property Location: 4167 ELECTRI C RD Parcel ID: 077.20-02-19.00-0000 Magisterial District: Cave Spring Acc ount: 33749 Ca rd 1 of 1 Suh Arra BASE PATIO STOR.AGE-UNF[ 4 Building Areas Sketched Area Finished Arca Pc.-imctcr 6794 6794 484 no o M 12/1/2022 ~ROANOKE _.--COUNTY VA Property Location : 4167 ELECTR IC RD Parcel ID: 077.20-02-19.00-0000 Magist er ia l Dis trict: Cave Spring Account: 33749 C ard 1 of I ·ts 22 UST 22 (330) 6 9 PTO 12 (108 31 29 5 48 B.A.S (1618) ao BAS (5176) 13 8 l"l 6 12 12 17 18 PTO (726) 30 SumAr~a by Label: B.A.Ss6794 (.A.DJ:6794) UST=330 (ADJ=330) PT O=834 (ADJ =834) TotArea :7958 To!Adj.A.rea: 7958 65 29 12/1/2022 ~ROANOKE .411i-COUNTYVA Prope rty Loca tion : 4 16 7 EL ECT RI C RD Parcel ID: 077.20-02-19.00-0000 Magisteria l District: Cave Spring Acc ount: 33749 Can! 1 o f 1 Trash Service: Monday Bul k & Brus h Pi ckup: Recycling: Map Cox Conurn111 ica1io11s (0.41 m i les) Recr eatio n al Cente r : Map B ra mble lon Recreat io n Ce nter ( 1.9 1 mil es) f.ibr:11-y : Map Sou th Co u n ty Librmy (2.57 miles) E le m e ntary School: Clearbrook Middle S chool: Cave Spri n g High Sc h ool : Cave Spring 6 Serv ices Western Virginia Wate r Auth ority Se r vices: Waler. Sewer Police S tation: M ap Website Pub l ic S afety Center. 5925 Cove Rd. Roanoke VA Fire Stati on: Cave Spring Schools 1 2/1/2022 ~ROANOKE ..ii-COUNTY VA P roper ty Loca tio n : 4 167 E LECTRIC RD Pa rcel rn : 077.20-02-19.00-0000 M agis te rial Di stric t: Cave S pring A cc uun l : 33749 C ard I o f 1 Sate lli te Provide r Na m e HUGHESNET DLSHNET SATELLITE BROADBANI: SKYCASTERS VLASAT IN C Wireless 4G Prov ider Nam e AT&T MOB I LITY NTEL OS SPRINT T-MO B[LE US CELLULAR VERJ ZON WTR.ELESS W irel ess LTE Provider Name AT&T MOBIL ITY T-MOBlLE US CELLULAR VERJ ZON WfR.ELESS W ircli ne Ca ble Provide r Nmnc COX COMMUNlCATIONS 7 B roa db a nd P rov id ers Uplo ad Sf)ccd Dala Not Available Data Not Ava ilabl e Data Not Available Data Not Ava ilabl e Uploa d Sn eed Data Nol Available Data Not Available Data Not Available Data Not Ava ilable Data Not Ava ilable Data Not Ava ila ble Upload S 11ced Data Not Ava ilabl e Data Not A,·a ilab le Data Not Availabl e Data Not Avai la bl e Upload S peed Data Not Avai la ble Download S peed Data Not Available Data Not Avai lable Data Not Availabl e Data Not Avai lable Downlo a d Sp eed Data Not Available Data Not Available Data Not Avai lable Data Not Availab le Data Not Availab le Data Not Ava ilab le Dow nload S peed Data Not Available Data Not Avail ab le Data Not Availab le Data Not Avai lable Downloa d Speed Data Not Ava il able 12/1/2022 ~ROANOKE ~-COUNTY VA Property Location: 4167 ELECTR[C RD Parcel TD: 077.20-02-19.00-0000 Magisterial District: Cave Spring Account: 33749 Card J of 1 WireHneDSL Provider Name VERJZON VIRGINTA LLC 8 Upload S peed Download Speed Dat a Nol Available Data Not Available 12/1/2022 ~ROANOKE .Alli-COUNTY VA Prori erty Location: 4167 ELECTRIC RD Parcel ID: 077.20-02-19.00-0000 Magis t erial District: Cave Spring Acc ounl: 33749 Card l o f l Pi ct ometry Tax Map I • ' 5 401 ) I 9 1 3 1.00 4'tl B 12 00 }& 10.00 1 Ac 01 "' 12/1/2022 ~ROANOKE ..ii-COUNTY VA Prop er ty Location : 4167 ELEC T RlC RD Parcel ID: 077.20-02-19.00-0000 Magisteri a l Dis trict: Cave S pring Acc ounl : 33749 Ca nl 1 or 1 Hybrid 10 12/1/2022 Tax Map No. Owners/Address Zoing 077.20-02-18.00-0000 Frontier Electric Road LLC C-2 4179 Electric Road, Roanoke, VA24018 077.20-02-16.00-0000 Seleh Laith C-2 4183 Electric Rd, Roanoke, VA 24018 077.20-02-12.00-0000 GEORGETOWN RENTAL C-2 PROPERTIES LLC 4212 Cypress Park Dr, Roanoke, VA 24018 077 .20-02.10-00-0000 Patton Place LLC R-3 0 Almond Rd, Roanoke, VA 24018 087.08-03-30.00-0000 Patton Place LLC R-3 0 Almond Rd, Roanoke, VA 24018 087. 08-03-31. 00-0000 Patton Place LLC 0 R-3 Almond Rd, Roanoke, VA 24018 087 .08-03-32. 00-0000 Slate Hill Baptist Church R-3 (cemetary) Trustees 0 Almond Rd, Roanoke, VA 24018 077 .20-02.19.02-0000 Patton Place LLC C-2 O Electric Rd, Roanoke, VA 24015 ' Adjoining Easement: 077.20-02-19.02-0000 D/O LAND AND 087 .07-01-52.00-0000 DEVELOPMENT LLC C-2C ROANOKE PROPERTY 419 087.07-01-53.00-0000 LLC C-2C 087.07-01-54.01-0000 HUANG ESTATE INC C-2 ~ i CH IL()REN --r I I p i i i I .CHILIDR,EN lS', . ~, .. ~•,o•qMh.:~w~~~~~ j ,.. 114 SE~R\ ... ,....1 '-_j'-,, ........ 'Y_ ·"--.· ",f 1-.....-•"-'1'---. ,. ,' /!'-,' ·'-.., ....... ....... ........ 1 ....... ..-.. ---.. ',....._, ,q,., ........ ,;......._, ......... ·, ...... , ,'i .... /,;......._' , ...... f"-J , ......... ,.; ........ ,1.--.....,_ -'~','y:'-,,• ........ ~ ......... .......,.,,........, ......... ,")f/7........, ........ ,.~, ........ -......... -, ....... ,.......,,~. --1.,,'•--·/, ....... ./' ....... .,,1'-, . ........ ....... ..... ' lS' ~ PROPERTY INFORMATION PARCEL: 077 .20-02· l9.0(Hl000 CURRENT ZON IN G: C-2 HIGH INTENSITY COMMERCIAL OCCU PANCY I N PR INCIPAL Pl!.ACEffi OF WORSHIP FELI.OWSMIP/COMMVNm' ROOM SANCTUARY SANCTUARY PlATFORM TOTAL. OCCUPANCY: FELLOWSHIP/COMMUNITY ROOM (SANCTUARY OVERFLOW) 80 SEATS /() .,,..-, ? l!OQCCUl'ANTS 114 OCCUPANTS 11 OCOJPANTS 205 OCCUPANTS ~() .n /} (') ('\ ✓t) ) ~ 0 r. ,t; r ~ Storage C lassroom 1 D Office 1 C Kitchen 0 Classroom 2 ® 91 Office 2 gg Classroom 3 Parent ·waiting Area Coffee Bar Platform (11 chairs) ~~~~~~~~~~19 Sanctuary {114 chairs) , ~ ft~ C lassroom 4 _t]_ Community ... Room (80 chairs) I I I I I I I I I 1 I I I 1 1 :j:::::: Patio llltHUGHES J)IIASSOCIATES ARCHITECTS & ENGINEERS December 02, 2022 Mr. Br uce Chick Sovereign Grace Community Chu rch 5017 Wi lli amson Road Roanoke VA 24019 RE: Sovereig n Grace Community Chu r ch -Specia l Use Permit Car los Restaurant Property File No.: T1 5222 Dear Bruce: We have rev iewed the concept plans for the 'cha nge of use' of the Carlos Restaurant property (4167 Elect ric Road, Roanoke, VA 240 18) into a reli giou s assembly occupancy. Based on the building area and worship seating, we have determined that t he maximum of 240- occupants c~td be present during th e normal Sunday morn in g services. The ex isting parking lot contains~-s'l>aces al lowin g a parking to occupant ratio of 1 space to 2 occupants. This ration is more t han adequate for current and fut ure re li gious assembly use on the avai lab le property. Based on the occupancy and availab le parking spaces, the traffic count wou ld be 100 cars entering and exiting the property during the ho urs of 8:00 AM a nd 1:00 PM on Sundays. Sunday traffic on adjacent st reets is the l ightest of any other ti me during the week. Therefore, t he traffic generated by this 'change of use' wou ld have litt le to no im pact on the traffic count in this area. Let me know if you have any questions or require any additional information. Sincerely, D. Jeffry Parkhill, NCARB AIA Architect DJP :scm 6 5 6 E L M A V E N U E , S W I R O A N O K E , V I R G I N I A 2 4 0 1 6 I 5 4 0 . 3 4 2 . 4 0 0 2 I 'H U G H E S A E . C O M Parking Partit ion Separatin g Parce ls. DocuSlgn Envelope ID: AF45E50F-4BBB-4589-8DB6-CB1A280D5C42 PROFFER STATEMENT OF AMARAL BROTHERS LLC AND SOVEREIGN GRACE COMMUNITY CHURCH, INC. JANUARY 12, 2023 AMARAL BROTHERS LLC, the Dwner, and SOVEREIGN GRACE COMMUNITY CHURCH, INC. ("SGCC"), the contract purchaser of the property that is subject to this Application, which is located at 4167 Electric Road, Roanoke, Virginia 24018 (Tax Map Number 077.20-02-19.00-0000) agree that the subject property will be used in accordance with the following voluntarily proffered conditions in the event a Special Use Permit is granted so that the subject property may be used as a Religious Assembly, as requested in the Special Use Application submitted on December 2, 2022, and as amended this January 12, 2023: 1. SGCC shall not use any of the parking spaces located on the neighboring parcel {077.20- 02-19.02-0000), which have been used by the current owner in its operation of its restaurant. 2. SGCC shall cordon off the spaces on the neighboring parcel in a permanent way so that cars are unable to access the prohibited spaces. The spaces shall be cordoned off by the placement of bollards with chains or rope between. We will also have signage and ushers policing the parking area to ensure no one parks on the neighboring parcel. Attached are concept plans for how this area will be cordoned off. 3. The bollards and chains shall be located on the subject property and not on the neighboring parcel, and shall be maintained by SGCC. 4. The undersigned hereby warrant that all of the owners of a legal interest in the subject property have signed this proffer statement, that they have the full authority to bind the property to these conditions, and that the proffers contained in this statement are reasonable and are proportional to the concerns of the County in issuing the special use permit requested. DocuSlgn Envelope ID: AF45E60F-4BBB-45B9-BDB6-CB1A280D5C42 Amaral Brothers LLC r:;;DoouSlgned by: By: L~.Q~2023 Name: Title: lnD011uSigned by: L<::;,~::;:.:t 111212023 Sovereign Grace Community Church By:~W Nam .ffitll:e''el'Hck Title: President 05795 '02 MAR 26 1681 YR 2002 ··· PG 00415 ROAD MAINTENANCE AGREEMENT THIS ROAD MAINTENANCE AGREEMENT, made and entered into thi s , 200~ by an d between EAST MA[N PROPERTIES, L.L.C., Grantor and Grantee, and AMARAL BROTHERS, LLC, Grantor and Grantee. WHEREAS, East Main has contTacted to sell and .Amaral has contTacted t o purchase certain real property designated as Tract "A", containing 1.296 acres, situated on Eleclric Road in Roanoke County, Virginia; and WHEREAS, East Main is and will continue to be the owner of a parcel designated as Tract "B" adjacent to Tract "A" after consumrna t ion and closing of the above-referenced purchase; and WHEREAS, AMARAL BROTHERS, LLC, as the owners of Tract ·'A" wi ll be the owner of property served by an easement of right-of-way along an exi s ting paved drive over Tract "B'', the property of EAST MAIN PROPERTIES, L.L.C. for the purpose of ingress and egress as more panicula.rly s hown on the Resubdivi s ion Plat of Tracts "A" and "B" recorded as Instrument #1961 in Plat Book 25, at Page 42 in the Office of the Clerk of the Circuit Court for the County of Roanoke, Virginia; and YR 2002 --PG 00416 WHEREAS, the parties desire to enter into an agreerhent in order to provide for the maintenance, repair, and upkeep of the aforesaid paved drive. NOW, THEREFORE, in consideratio11 of the premises and mutual covenants provided herein, the parties agree as follows: J. To maintain this paved drive in its present good condition and to share equally in any expense to repair and/or maintain the paved drive from the point where county and/or state maintenance of Electric Road (Route 419) ends and the paved drive begins at or near the intersection of said paved ddve with Electric Road (Route 419) for the entire distance of said paved drive, including that portion of the paved parking located on Tract "B" through and across which Amaral Brothers, LLC, its successors, assigns, i11vitees, employees, and/or guests will have to travel to ingress and egress Tract "A". The parties expressly agree that this obligation shall not apply to any repair made necessary due to dmnage caused by any constrnction or related traffic dul"ing the development of any remaining property owned by either party, but the party owning the pa1·cel being developed or on which construction ls commencing, or its agents, contractors, or pm·tles causing the actual damages, shall be solely responsible for the repair of any such damage. 2. The covena11ts set forth in this road maintenance agreement shall run with the land described above and owned by the parties hereto and shall be bindfag on the heirs, personal representatives, successors) and assigns of the parties hereto. YR 2002 •· PG 00417 3. That the parties shall each share an equal share of the maintenance and repair of the paved drive. 4. That each party shall notify the other party 3 0 days prior to performing any non-emergency 1·epairs and offer the other party the opportunity to obtain competitive bids. The lowest bid of comparable quality shall be acc,epted. Both pal'lies shall be equally liable for the payment of maintenance costs and foilm:e to pay shall be a breach of a covenant entitling the no11-defa\1lting party to an action to recover dantages, costs, and attorney's fees, ifincun·ed. This provision shall be a covenant running with the land. 5. The parties expressly covenant and agree to maintain the paved drive in good condition and repair. The obligation of the parties shall include, but not be limited to, the following: A. Maintaining the surface at such grades and levels that they may be used and enjoyed as contiguous and homogeneot1s areas and maintaining the surfaces in a smooth, level, and evenly covered condition with the type of surfacing material originally existing at the time of the execution of this agreement or of similar quality, use, and durability. B. Removing all papers, debris, snow, ice, and refuse. 6. The parties covenant that the obligations and rights created herein shall run with the land and shall be binding upon and inure to the benefit of the parties and YR 2002. -·· PG 00418 their successors and assigns. WIJNESS the followi11g signatures and seals: EAST MAIN PROPERTIES, L.L.C. ~~~I-I. Member State of Virginia;R, Gi-1;),/county ofq;,r,qk,-,_ • fo-wit; This tbrt!igoing irrntmtnent was acknowledged before me this :J.&d, day of .ida,,,.-.:,,1-,, by James R. Smith, Member, EAST MAIN PROPE;E_S. L.L:C(:7 r / -~ • . ~t,..<.,,,{ t-~v My COJ.-llmission expires; /4.,biJ:&t,.k:,</ JO, .)_ "'"Y State of Virginia. !7 City/Cmn:rt"y of /~lea, , to-wit: Notary Public This foregoing instnune:nt was t.1cknowledged before me this~ day of L/TJJJ~ . ~ by "]', C,;.-dr, -A,:v,,;.~,,J • Member. AMARAL BROTHERS. LLC. ~.l,& ~~·~ My commission expires: ~?) ~l, !l_oa;,, t,h)(Public YR 2002 ··· PG 00419 !NSTRUNENT 11200205795 REC:01-lllED IN THE C:L!:RK' S Of'FJCE OF ROANOKE COUNTY ON ~ARCH 26, 2002 AT 04'3IPM • STEVEN A. NC:GRA'.;;1-_ C1:)R~ • BY , --------~~--( DC: 1 Pr/nror:J On 06,(i!Y2Q:O By CIRCWT COUA T 05794 '02 ~1AR 26 16:28 YR a•02 --PG 00411 COVENANT TO PRESERVE VIEW THJS COVENANT, made thisXih day of MARCH, 2002, by EAST MAIN PROPERTIES, L.L.C., hereinafter "East Main", for the benefit of AMARAL BROTHERS, LLC, hereinafter "Amaral". WITNESSETH WHEREAS, East Main has contracted to sell and Amaral has contracted to purchase certain real property designated as Tract "A", containing 1.296 acres, situated on Electric Road in Roanoke County, Virginia; and WHEREAS, East Main is and will continue to be the owner of a parcel designated as Tract "B" adjacent to Tract "A" after consummation and closing of the above­ referenced purchase; and WHEREAS Amaral intends to operate a restaurant business in the building situated on Tract "A"; and WHEREAS Amaral has relied on the material representation of East Main that East Main shall preserve the northwestern sight line and/or view shed of Tract "A"; and P-ri11fmJ On rnJlt)St:IOIG Dy G/FICUIT GOUFl.r YR 2002 -PG 00412 WHEREAS the parties desire to memorialize and preserve said representation and ensure that this covenant shall run with the land and that the successors and/or assigns of East Main Properties shall be bound by the covenant herein set forth, IT IS THEREFORE AGREED, that for and in consideration of the sum of Tetl Dollars ($10,00), cash in hand paid, and other good and valuable consideration, including bu.t not limited to the mutual promises of each, the receipt and sufficiency of which is hereby acknowledged, that; 1. EAST MAIN PROPERTIES, L.L.C. expressly covenants not to construct any building or facility in excess of three stories in height from the surface level, specifically excluding any subte1Tanea11 parking wltich may be constructed wi.th any such .facility on Tract "0" in a location north west of that portion of the northwest boundary line of Tract "A" between the points designated as point "G" and point "2" and east of the existing retaining wall alongside the paved dxive located within the variable-width, cross access easement located in Ti·act "B", as depicted on that Resubdivision Plat of Tracts "A" and "B" recorded as Instrument #1961 in Plat Book 2:5, at Page 42 in the Office of the Clerk of the Circuit Court for the County of Roanoke, Virginia. 2. EAST MAIN PROPERTIES, L.L.C. expressly covenants not to create any Prtm.e<J 011 001)0-'21.'10 tty CIROUIT COURT YR 2002 --PG 00413 I obstruction 111 Ti-act "B" in a locatio11 north west of that portion of the northwest boundary line of Tract" A" between the points designated as point "G" and point "2" and east of the existing retaining wall alongside the paved drive located within the variable-width, cross access easement located in Tract "B", as depicted on that Resubdivision Plat of Tracts "A" and ''B" recorded as Instrument# 1961 in Plat Book 25, at Page 42 in the Office of the Clerk of the Circuit Court for the County of Roanoke, Virginia. This covenant shall run with the land and shall be binding on the successors and assigns of East Main Properties, L.L.C. State of Virginia±< ei:t;y/County of oec 0 e !Ce... EAST , to-wit: PROPERTIES, L,L.C. This foregoing µ 0. n;.b, instrument was acknowledged before me this :JG1J.... day of L.L.C .. • 2000 1,y James R. S1nith:Eber, EAST MA.IN PROPERTIES, ;,><>o ;).. p ,..-/J _,__..,If· CU,t,-u..e . ~i:># Notary Public My conm1issio11 expires: ,1 /oue,,,,-,_/o,..,,,-· 3 o ,,Jo of Prfn/e,f On 00'1'.I0'201Cl tJy UIRCU/7 OOUFIT YR 2002 -· PG 00414 INSTRUMENT #2@02057:94 RECORDED lN THE CLERK'S OFFICE OF ROANOKE COUNTY ON MARCH 26, 2002 AT 04:28PM STEVEN A, MC:~ BY: -----~ (DC) 05796 •02 MAR 26 16:33 YR 2002 -PG 00420 THIS DEED PREPARED WITHOUT BENEFIT OF A TITLE EXAMINATION. Tax Map #77.20-2-19 Mailing Address: THlS DEED OF EASEMENT, made and entered into this~ day of &}~ 2002, by and bet-ween EAST MAIN PROPERTIES, L.L.C., Grantor , party of the first part, and AMARAL BROTHERS, LLC, Grantees, p a rties of the second part, whose address is Roanoke. VA. \.VITNESSETH: That for and in consideration of the s um ofTen Dollars ($10.00) cash in band paid, and other good and valuable consideration , the receipt and s uffic iency of a ll of w hich is hereby acknowledged b y the party of the first part, the said pany of the first part does hereby gran t and convey unto AMARAL BROTI-lERS, LLC., parties of the second part, their successors and assigns, the fo!Lowi.ng described easement, to-wit: A variabl e -width cross access easement of ri ght-of-way for the benefit of both Tract A and Tract Bas depicted on that certain plat entitled , "Resubdivl sion Plat from records fo r property owned by EAST MAIN PROPERTIES, L.L.C. showi n g t h e division of property Tax #77.20-2-19 situated on Electric Road, c r eating hereon Tract A (1.1296 acres), Tract B (2.229 acres), Cave Spring Magisterial District, Roanoke Counly, V irginia", d a t ed January 2 l, 2002 and recorded in the Office of t he Circuit Court of the County of Roanoke in Plat Book 25, at Page 4 2. Srud e a sement lying exc l usively up o n Tract B owned by EAST MAIN PROPERTIES, L.L.C. nnd shall be for the p urp oses of cross access, ingress and egress for th e benefit of both Tract A and Tract B across the land of the Gran tor herein . As evi denced by his acce p tance and recordation of thi s deed, the parties oflhe second part l1erebyagrees forhimse l f/hersel fand his/her successors in title, to com ply w i th the terms ofa privnte YR 2002 --PG 00421 road 1naintcnauce agreement entered into by the parties regarding said right-of-way. WITNESS the following signature and seal: State ofVirginia ,..k City;tGellftty of 'i'z.,M By: EAST MAIN PROPERTJES, L.L.C. ---1f-r1,f/b_ ~.c."-,-,cc---~-,-.,,-c-----,-----(SEAL) r3hs R. SMITH, Member This foregoing lnstrurttent was acknowledged b~fore-mc th.is .z:J_ day of (Y1~ , 2ocil by James R. Smith, Member, EAST MAIN l'ROPER'l'lES, L.L.C .. ~ fR 2002 -· PG 00422 !NSTRUt1ENT #200205796 RECORDED IN THE CLERK'S OFFICE OF ROANOKE COUNTY ON MARCH 26, 2002.,ti:i_ ~ 1 •~ STE~~ l,\·'' -~---------------------<DC) KNOW ALL MEN BY THESE PRESENTS TO WIT; THAT EAST \JAIN PROPERTIES, LLC. IS THE FEE SIMPLE OWNER OF THE LAND SHOWN HEREON TO BE SUBDIVIDED. BOUNDED BY OUTSIDE CORNERS 1 THRU 10 TO 1, INCLUSIVE, ANO IS ALL OF THE LANO CONVEYED TO SAID OWNER BY DEED, "5 RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ROANOKE COUNlY, VIRGINIA, IN DEED 9001( 1716, PAGE 156. . THE SAID OWNERS HEREBY CERTIFY THAT THEY HAVE SUBDMOED THE .LANO AS SHOWN HEREON, AS REQUIRED BY SECTION 15.2-2240 THRU 15.2-2276 Of THE CODE OF VIRGINIA, 1950 AS AMENDED TO DATE ENTIRELY WITH THEIR OWN FREE WILL AND CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE OWNERS OR PROPRIETORS OF THE LAND AND THE TRUSTEES IN AN"f DEED OF TRUST, OR OTHER INSTRUMENT IMPOSING A LIE!"J UPON SUCH LAND, IF ANY THERE BE. IN WIINESS WHEREON ARE 1-1EREBY PLACED THE FOLLOWING SIGNATURES AND SEALS: EA.ST '-1AIN PROPERTIES, L.L.C. STATE OF VIRGINIA COMMONWEALTH AT LARGE VARIABLE WIDTH CROSS ACCESS ESMT. TOTAL ( 1.260 AC.) CORNER BEARING DISTANCE A TO B S19'59'22"E 91.06' B TO C S01"51 '48"E 72.23' C TO 0 S00'42'08"E 176.23' 0 TO E s59•10'59"E 55.66' E TO F NJ721'10"E 129.92' F TO G Ns1•4a•11"W 67.31' G TOH N38"11'49"E 144.92' H TO I S51"48'11"E 66.00' I TO J N3B"11 '49"E 135.90' J TO K S5J'50'00~E 56,91' K TO L S36'10'00"w 374.34' L TO M S69'50'24"W 90,2!' M TON N74"1B'OO"W 43.39 N TO 0 N48"28'20"W 79.63' 0 TO P Nos•32•os·E 142.05' p TO Q ND7'22'43"W 159.84' 0 TO A N42"58'00"E 42,71' 10 TO Q N42"58'00"E 37.71' APPROVAL HEREOF BY THE ROANOKE COUNTY' SUBDMSION AGENT IS FOR PURPOSES OF ENSURING CDMPUANCE WITH THE ROANOKE COUNTY SUBDMSION ORDINANCE. PRIVATE MATTERS, SUCH AS COMPLIANCE WITl-1 RESTRICTIVE COVENANTS OR OTHER TITLE REQUIREMENTS, APPLICABLE TO THE PROPERTits SHOWN HEREON, ARE NOT REVIEWED OR APPROVED WITH REGARD TO THIS SUBOr-.'ISION OR RESUBDIVISION. APPROVEO, ~ ;\ ~ AGENI, ROAJiYOO~t~~ COMM1ssroir--t~ Sl·':1-•az. DAIE IN THE CLERK'S OFFlCE OF THE CIRCUIT COURT OF ROANOKE COUNTY VIRGINIA, THIS PLAT WITH THE CERTIFICATE OF ACK½OWLEDGMENT ' TifERETO ANNEXED IS ADMITTED TO RECORD AT ~'?J O'CLOCK ----8....,M. ON THIS .....l.L___ DAY OF TnJ\ , 2002, IN PLAT BOOK _h_, PAGE ~- #,.~ 0 N R, McADEN ;;: NOTES: 1. OWNER OF RECORD: EAST MAIN PROPERTIES, L.L.C. 2. LEGAL REFERENCE: DEED BOOK 1716, PAGE 156 ~EM~~~l~'.ESEM~tl-liiioc1ATES, INC. JOB# 2201s 3. TAX MAP NUMBER: 77,20-2-19 4, THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND THERE MAY EXIST ENCUMBRANCES WHICH AFFECT THE PROPERlY NOT SHOWN HEREON. 5. THE ROANOKE COUNTY PLANNING COMMISSION APPROVED A SUBDIVISION WAIVER ON OCTOBER 2, 2001 WITH THE CONDITIONS THAT THE PROPERTY COULD BE SUBDIVIDED INTO A MAXIMUM OF nvo PARCELS WITH THE FRONTAGE REQUIREMENT FLEXIBLE TO THE POINT THAT IT CAN VERY FROM 0-100 FE:ET PER PROPER1Y. 6. PROPER1Y IS IN F.E.M.A, DEFINED ZONE X UNSHADED, 7, PROPERlY CURRENTLY ZONED: C2 8. VARIABLE WIDTH CROSS ACCESS EASEMENT SHOWN HEREON IS FOR THE BENEFIT OF BOTH TRACT A AND TRACT B. I 9. THE ROAD SERVING TRACT A IS PRIVATE ANO JTS MAINTENANCE, t INCLUDING SNOW REMOVAL, IS NOT A PUAUC RESPONSIBILITY. IT Sl-1ALL NOT BE ELIGIBLE .. FOR ·ACGEPTAt4CE· INT0-·1"HE-·STATE•·· SECONDARY SYSTEM FOR MAINTENANcr UNTIL SUCH TIME AS IT IS CONSTRUCTED ANO OTHERWISE COMPLIES WITH ALL REQUIREMENTS Of THE VIRGINIA DEPARIMENT Of Tfi'ANSPORT- ATION FOR THE ADDITION OF SVBD!VISION STREEfS CURRENT AT THE TIME OF SUCH REQUts·r, ANY COSTS REQUIRED TO CAUSE THIS STREET TO BECOME ELIGIBLE FOR ADDITION INTO THE STATE SYSTEM SHALL BE PROVIDED WITH FUNDS OTHER THAN THOSE ADMINISTERED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION, P.B. PG. ';;;-t/;; ;:~{ {ff.. , , ,-: ~-RT. .,. " ' ' 01,'!-~-/1 • ~ ,,,,·(> \;l;,. ,,-_.. ._";<~ft TRACT B 2.229 ACRES (FROM RECORDS) NEW "'· .,,...,._ LOT LIN~S I" r111\1---...: r,;;r ,-.:i'9/? Joi.MES R. & BONNIE P .JACKSON I TAX #87.07-1-54 D.El .. 1:0./4/J . .PG l65 1. I I' ii CORNER \ 2 ' ' 5 6 7 B 9 10 1 .,,.,, \-l~RR" -~ .1>, \J,\Ct,,~\;.,_,:;-: '-":-!!_--AB-, ~; __ ~ lSflE vicmnv MAP (IIIOT TO SCALE) COORDINATE LIST NORTHING EASTING 4998,8888 4986.1378 4895.9687 5058.0249 4979,6436 5155.9956 5032.3124 5280.8405 4931.6734 5392.7423 4563.7124 5221.1593 4570.2205 5117.2329 -4-639.4943 4870.7838 4788.5378 4952.5519 4925.4901 4917.7705 4998.8888 4986, 1378 • J~.', • M.8.L -----~~ --1----~~!· v%JoR:;_.r. < ------<t_-~----'L --· RESUBDIVISION PLAT FROM RECORDS F"OR PROPERTY OWNED BY FAST MAIN PROl'ERllES, LLC. SHOWING THE 01VlStON OF PROPERTY TAX #77.20-2-19 ELECTRIC ROAD RT. 419 120' R/W SITUATED ON ELECTRIC ROAD CREATING HEREON TRACT A (1,296 ACRES) TRACT B (2.229 ACRES) CAVE SPRING MAGISTERIAL DISTRICT ROANOKE COUNlY, VIRGINIA TESTE: CLERK STEtJCN No. 002002 -'" 2 s ----- -----------------JANUARY 21, 2002 ii 50 o 50 100 150 JOB #R0100196.00 I HEREBY CERTIFY THAT THIS PlAT IS fROM RECORDS AND IS ,,._._. I ■■■■■I SCALE 1 "=50' ,._ ..c CORRECT TO THE BE$f 01'" MY KNOWLEDGE AND BELIEF. --_......J Scale 1" = 50' SHEET 1 OF 1 ~~--PLANNERS ARCHfTECTS ENGfNEERS SURVEYORS Dfi:N JLfi • .._.._ ,.:,,nm~ Balzer &: Associales, Inc 1208 Corporate CJrcle Roanoke Vo. 24018 MAC U0<!002 I I I I I I KNOW ALL MEN BY THESE PRESENTS TO WIT: -HAT EAST \1AIN FROPtRTIES. L.L.C. IS THE FEE SIMPLE 01'/NER OF THE LANO SHOWN HEREON TO BE , ·BOIVIDED BOUNDED BY OUTSIDE CORNERS 1 THRU IO TO 1, INCLUSIVE, AND IS ALL OF THE LAND ~~NVEYED TO SAID OWNER BY DEED. /lS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ROANOKE COUNTY, VIRGINIA. IN DEED BOOK 1716, PAGE 156. IH" SAID OWNERS HEREBY CERTIFY THAT THEY HAVE SUBDMOED THE LAND I'S SHOWN HEREON, AS REQUIRED BY SECTION 15 .2 -2240 THRU 15.2-2276 Of THE CODE OF VIRGINIA, ,19 50 AS AMENDED TO DATE ENTIRELY WITH THEIR OWN FREE WILL ANO CONSENT ANO IN ACCORDANCE WITH THE DESIRES OF THE OWNERS OR PROPRIETORS OF THE LANO AND THE TRUSTEES IN ANY DEED OF TRUST, OR OTHER INSTRUMENT IMPOSING A LIEN UPON SUCH LANO, IF ANY THERE BE. IN Wl~NESS WHEREON ARE HEREBY PLACED THE FOLLOWING SIGNATURES ANO SEALS: ::AST MAIN PROPERTIES. L.L.C. STATE OF VIRGINIA COM\IONWi:ALTH AT LARGE VARIABLE WINH CROSS ACCESS ESMT, TOTAL (1.260 AC.) CORNER BEARING DISTANCE A TO B S 19'59'22"E 91.06' 8 TO C S0 1'51 '48"E 72 .2J' C TO D soo· 4 2•os"E 176.2J' 0 TO E S69' 10'59"E 55.66' E TO F N37'21'10"E 129.92' F TO G N51 '48'11"W 67.31' G TO H N38' 1 1 '49"E 144.92' H TO 1 S51 '48'1 l "E 66.00' I TO J NJB'l 1'49-E 1J5.90' J TO K 55Y50'00"E 56.91' K TO L 536' 1 o·oo-w 374.J4' L TO t.1 S69'50'24"W 90.26' M TO N NH'18'00"W 4J.J9' N TO 0 N48'28'20"W 79,63' 0 TO P N05'32 'D5"E 142.05' P TO 0 N0722' 43"W 159.84' 0 TO A N-4-2'58'00"E -4-2.7 1' 10 TO 0 N42'58'oo"E J7.71' APPROVAL HEREOF BY THE ROANOKE COUNTY SUBDMSION AGENT IS FOR PURPOSES OF ENSURING COMPLIANCE WITH THE ROANOKE COUNTY SUBDIVlSION ORDINANCE. PRIVATE MATTERS, SUCH AS COMPLIANCE WITH RESTRICTIVE COVENANTS OR OTHER TITLE REQUIREMENTS, AFPUCABLE TD fHE PROPERTIES SHOWN HEREON, ARE NOT REVIEWED OR APPROVED WITH REGARD TO THIS SUBDIVISION OR RESUBOIVISION. /-.,,.7-002., OAIE P.8. PG. NOTES: 1. 2. OWNER OF RECORD: E/lST MAIN PROPERTIES. L.L.C. LEGAL REFERENCE: DEED BOOK 1 7 16, PAGE 156 SEE ~:.AT DATED MAY 7, 2001 BY MERLYN J. JENKINS & ASSOCIATES. INC. JOB# 220 19 J , TAX !.'AP NUMBER: 77.20-2 -19 4 , THIS PLAT W/lS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT ANO THERE MAY EXIST ENCUMBRANCES WHICH AFFECT THE PROPERTY NOT SHOWN HEREON. 9. THE ROAD SERVING TRACT A IS PRIVATE ANO ITS MAINTENANCE, ! INCLUDING SNOW REMOVAL, IS NOT A PURUC RESPONSIBILITY. IT SHALL NOT BE ELIGIBLE r-cR ACCEPTANCE um; r,;c:-STATE " . SECONDARY SYSTEM FOR MAINTENANCf UNTIL SUCH TIME AS IT 15 CONSTRUCTED /1ND OTHERWISE COMPLIES WITH ALL REQUIREMENTS OF TllE VIRGINIA DEPARI MENT OF TRANSPORT­ ATION FOR THE ADDITION Of SUBDIVISION STREETS CURRENT 5. THE ROANOKE COUNTY PLANNING COMMISSION APPROVED A SUBDIVISION WANER ON OCTOBER 2, 2001 WITH THE CONDITIONS THAT THE PROPERTY COULD BE SUBDIVIDED INTO A MAXIMUM OF n-;o PARC[LS \'ffifl THE FRONTAGE REQUIREMENT FLEXIBLE TO THE POINT THAT IT CAN VERY FROM 0-100 FEET PER PROPEP.'TY. 6. PROPERTY IS IN F.E.M.A. DEFINED ZONE X UNSHADED. 7. PROPERTY CURRENTLY ZONED : C2 8 . VARIABLE WIDTH CROSS ACCESS EASEMENT SHOWN HEREON IS FOR THE BENEFIT OF BOTH TRACT A AND TRACT 8 . I ,>•.I -~,'.:;',.r:::~,:::: \ii,.). ,'J~"'· l' I?, l ), ','/~ ... \q 1,1 1<!0~(1Sl W~o\lo RI." 1~m', \ I \.J SP -,....,--, I I '1 IS SP 6\ I I " 936' ± TO PI -[Lt.I VIEW RO AT THE TIME OF SUCH REOUES :. ANY COSTS REQUIRED TO CAUSE THIS STREET TO BECOME ELIGIBLE FOR ADDITION INTO THE STATE SYSTEM SHALL BE PROVIDED WITH FUNDS OTHER THAN THOSE ADMINISTERED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION, 1.1.8 L. ~/F JAM[S R & BONNI[ P J4 ( <SON IA X #8 7 07 -\ -5 4 .o e ':>&0_ ;»G. 155 CORNER 1 2 J 4 5 6 7 8 9 10 VICINITY MAP (NOT TO SCALE) COOROINA T[ UST NORTHING E/lSTING 4998.8888 4986,1J78 4395.9687 5058.0249 4979.64J6 5 155.9956 5032.312-4-5280.8405 49J1.67J4 5 J92.742J 456J.7124 5 22 1.159 J 4 5 70.2205 511 7.2329 46J9 .4943 4870 ,7838 4788.5378 4952.5519 4925.4901 4917,7705 4998.8888 4986.1 J 78 ' :·. .. -• _i :..•. - . \' --- RESLIBOIVISION Pl.AT FROM RECORDS FOR PROPERTY OWNED BY EAST MAIN PROPERTIES, L L C. SHOWING THE DIVISION OF PROPERTY Roanoke County, Va 2022, Roanoke County, Source: Es ri, Maxar, Earths tarGeograp hics , and the GIS Us er Community Roanoke County, Virginia2019 0 Roanoke Co. Planning (540)772-2068 5204 Bernard Dr. Roanoke VA 24018 Aerial Map Sovereign Grace Community Church, Inc. 4167 Electric Road Size: 1.29 Acres Current Zoning: C2 Proposed Zoning: C2CS SUP: Religious Assembly Magisterial District: Cave Spring Subject SiteD -- C2C2 C2CC2C R3R3 C2SC2S Roanoke County, Virginia 2019 Roanoke County, Virginia2019 0 Zoning Roanoke Co. Planning (540)772-2068 5204 Bernard Dr. Roanoke VA 24018 Zoning Map Sovereign Grace Community Church, Inc. 4167 Electric Road Size: 1.29 Acres Current Zoning: C2 Proposed Zoning: C2CS SUP: Religious Assembly Magisterial District: Cave Spring Subject SiteD ■ ■ --ROANOKE {_,QuN~:~ COCO TRTR Roanoke Cou nty, Virg inia 2019 Roanoke Cou nty, Virg inia2019 0 Future Land Use Subject Site Roanoke Co. Planning (540)772-2068 5204 Bernard Dr. Roanoke VA 24018 Future Land Use Map Sovereign Grace Community Church, Inc. 4167 Electric Road Size: 1.29 Acres Current Zoning: C2 Proposed Zoning: C2CS SUP: Religious Assembly Magisterial District: Cave Spring D ■ ■ ROANOKE LuuN VVA --~-c:::::=--=..,••m 06 Page 1 of 2 ACTION NO. ITEM NO. H.3 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2023 AGENDA ITEM: Request to accept and allocate grant funds in the amount of $22,500 from George Mason University, Center for Evidence Based Crime and Policy (CEBCP) for the purpose of funding annual officer wellness visits SUBMITTED BY: Michael Poindexter Chief of Police APPROVED BY: Richard L. Caywood County Administrator ISSUE: Request to accept and allocate funds in the amount of $22,500 from George Mason University, Center for Evidence-Based Crime and Policy. BACKGROUND: The Roanoke County Police Department (RCPD) has collaborated with the Center f or Evidence-Based Crime Policy (CEBCP) at George Mason University (GMU) regarding the two-year federal grant proposal “Coalition to Enhance the Capacity of Policing Mental Health Problems in Virginia” to support Roanoke County's Officer Safety and Wellness program. It is well known policing is difficult work and has inherent stressors that have long-term negative effects on officer’s mental well-being. DISCUSSION: RCPD plans to use funding from this two-year federal grant to provide annual mental health checks for officers. Research evaluating the efficacy of mental health checks is limited. GMU CEBCP will assist the Department with developing a pre and post evaluation tool to assess the value of this service FISCAL IMPACT: Page 2 of 2 There are no matching funds required. STAFF RECOMMENDATION: Staff recommends accepting and allocating funds in the amount of $22,500 from George Mason University, Center for Evidence-Based Crime and Policy to the grant fund. DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D 12/1/2022 Attachment 1 Certifications and Assurances Certification Regarding Lobbying (2 CFR 200.450) By signing this Subaward, the Subrecipient Authorized Official certifies, to the best of his/her knowledge and belief, that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement in accordance with 2 CFR 200.450. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or intending to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," to the PTE. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Debarment, Suspension, and Other Responsibility Matters (2 CFR 200.214 and 2 CFR 180) By signing this Subaward, the Subrecipient Authorized Official certifies, to the best of his/her knowledge and belief that neither the Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency, in accordance with 2 CFR 200.213 and 2 CFR 180. Audit and Access to Records Subrecipient certifies that it will provide PTE with notice of any adverse findings which impact this Subaward. Subrecipient certifies compliance with applicable provisions of 2 CFR 200.501-200.521. If Subrecipient is not required to have a Single Audit as defined by 200.501, Awarding Agency requirements, or the Single Audit Act, then Subrecipient will provide notice of the completion of any required audits and will provide access to such audits upon request. Subrecipient will provide access to records as required by parts 2 CFR 200.337 and 200.338 as applicable. Program for Enhancement of Contractor Employee Protections (41 U.S.C 4712) Subrecipient is hereby notified that they are required to: inform their employees working on any federal award that they are subject to the whistleblower rights and remedies of the program; inform their employees in writing of employee whistleblower protections under 41 U.S.C §4712 in the predominant native language of the workforce; and include such requirements in any agreement made with a subcontractor or subgrantee. The Subrecipient shall require that the language of the certifications above in this Attachment 1 be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Use of Name Neither party shall use the other party’s name, trademarks, or other logos in any publicity, advertising, or news release without the prior written approval of an authorized representative of that party. The parties agree that each party may use factual information regarding the existence and purpose of the relationship that is the subject of this Subaward for legitimate business purposes, to satisfy any reporting and funding obligations, or as required by applicable law or regulation without written permission from the other party. In any such statement, the relationship of the parties shall be accurately and appropriately described. Subaward Number: Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment Pursuant to 2 CFR 200.216, Subrecipient will not obligate or expend funds received under this Subaward to: (1) procure or obtain; (2) extend or renew a contract to procure or obtain; or (3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services (as described in Public Law 115-232, section 889) as a substantial or essential component of any system, or as a critical technology as part of any system. E2059702 DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D Attachment 2 Federal Award Terms and Conditions Required Data Elements General Terms and Conditions By signing this Subaward, Subrecipient agrees to the following: Subaward Number The data elements required by Uniform Guidance are incorporated This Subaward Is: Research & Development Subject to FFATA Federal Award Issue Date FAIN Data Rights: Subrecipient grants to PTE the right to use data created in the performance of this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its PTE Federal Award. Copyrights: to PTE an irrevocable, royalty-free, non-transferable, non-exclusive right and license to use, reproduce, make derivative works, display, and perform publicly any copyrights or copyrighted material (including any computer software and its documentation and/or databases) first developed and delivered under this Subaward solely for the purpose of and only to the extent required to meet PTE's obligations to the Federal Government under its PTE Federal Award. Subrecipient grants to PTE the right to use any written progress reports and deliverables created under this Subaward solely for the purpose of and only to the extent required to meet PTE’s obligations to the Federal Government under its Federal Award. 5. Treatment of program income: 1.To abide by the conditions on activities and restrictions on expenditure of federal funds in appropriations acts that are applicable to this Subaward to the extent those restrictions are pertinent. This includes any recent legislation noted on the Federal Awarding Agency’s website: 2.2 CFR 200 3.The Federal Awarding Agency's grants policy guidance, including addenda in effect as of the beginning date of the period of performance or as amended found at: 4.Research Terms and Conditions, including any Federal Awarding Agency's Specific Requirements found at: a.No-cost extensions require the written approval of the PTE. Any requests for a no-cost extension shall be directed to the Contact shown in Attachment 3A, not less than 30 days prior to the desired effective date of the requested change. b.Any payment mechanisms and financial reporting requirements described in the applicable Federal Awarding Agency Terms and Conditions and Agency-Specific Requirements are replaced with Terms and Conditions (1) through (4) of this Subaward; and c.Any prior approvals are to be sought from the PTE and not the Federal Awarding Agency. d.Title to equipment as defined in 2 CFR 200.1 that is purchased or fabricated with research funds or Subrecipient cost sharing funds, as direct costs of the project or program, shall vest in the Subrecipient subject to the conditions specified in 2 CFR 200.313. e.Prior approval must be sought for a change in Subrecipient PI or change in Key Personnel (defined as listed on the NOA). except for the following : Promoting Objectivity in Research (COI): Subrecipient must designate herein which entity’s Financial Conflicts of Interest policy (COI) will apply: If applying its own COI policy, by execution of this Subaward, Subrecipient certifies that its policy complies with the requirements of the relevant Federal Awarding Agency as identified herein: Subrecipient shall report any financial conflict of interest to PTE’s Administrative Representative or COI contact, as designated on Attachment 3A. Any financial conflicts of interest identified shall, when applicable, subsequently be reported to Federal Awarding Agency. Such report shall be made before expenditure of funds authorized in this Subaward and within 45 days of any subsequently identified COI. Special Terms and Conditions: Subrecipient agrees to comply with the Federal Awarding Agency's data sharing and/or access requirements as reflected in the NOA or the Federal Awarding Agency's standard terms and conditions as referenced in General Terms and Conditions 1-4 above. Data Sharing and Access: Awarding Agency Institute (If Applicable) Assistance Listing Program Title (ALPT) Key Personnel Per NOA Assistance Listing No. E2059702 in the attached Federal Award. n n Administrative Other [enter text]See Prime Award in Attachment 6. No additional requirements Subrecipient Shall Grant Subrecipient DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D No Human or Vertebrate Animals Additional Terms Work Involving Human or Vertebrate Animals (Select Applicable Options) Human Subjects Data (Select One) n This section left intentionally blank. This section left intentionally blank Not Applicable This section left intentionally blank DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D Subaward Number: Attachment 3A Research Subaward Agreement Pass-Through Entity (PTE) Contacts PTE Information Entity Name: Legal Address: Yes No Invoice email (if different): FDP 3A Sept 2019 Website: PTE Contacts Central Email: Principal Investigator Name: Email: Administrative Contact Name: Email: COI Contact email (if different to above): Financial Contact Name: Email invoices? Authorized Official Name: Email: Email: Telephone Number: Telephone Number: Telephone Number: Telephone Number: PI Address: Administrative Address: Invoice Address: E2059702 George Mason University 4400 University Drive Fairfax, VA 22030 www.gmu.edu N/A Sue-Ming Yang syang10@gmu.edu (703) 993-5453 Moksheda Thapa mthapa4@gmu.edu (703) 993-2982 Christopher DiTeresi, cditeres@gmu.edu Marquita Crowder, Manager, Billing and Reporting mcrowde4@gmu.edu acctpay@gmu.edu Mike Laskofski, Associate Vice President, Research Services mlaskofs@gmu.edu (703) 993-4573 George Mason University 304 Enterprise Hall, MSN 4F4 Fairfax, VA 22030-4444 George Mason University Office of Sponsored Programs 4400 University Drive, MS 4C6 Fairfax, VA 22030-4444 George Mason University Accounts Payable Office 4400 University Drive, MS 3C1 Fairfax, VA 22030-4444 DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D Attachment 3B Subrecipient Contacts Yes Subaward Number: Zip Code Look -up Subrecipient Information for FFATA reporting Entity's DUNS Name: No This section for U.S. Entities: Congressional District: Zip Code+4: Institution Type: Currently registered in SAM.gov: Yes Exempt from reporting executive compensation: EIN No.: DUNS: Parent DUNS: No (if no, complete 3Bpg2) Legal Address: Subrecipient Contacts Email: Administrative Address: Payment Address: Telephone Number:Email: Administrative Contact Name: Telephone Number: Telephone Number: Telephone Number:Email: Invoice/Payment Email: Authorized Official Name: Financial Contact Name: Email: Principal Investigator Name: Central Email: Website: Place of Performance Address E2059702 County of Roanoke, Virginia 54-6001572 062353610 County Government Virginia 06 24018+4345 Roanoke County Police Department 5925 Cove Road Roanoke, VA 24019 administration@roanokecountyva.gov https://www.roanokecountyva.gov James Chapman jchapman@roanokecountyva.gov 540-777-8603 Mia Nguyen mnguyen@roanokecountyva.gov 540-777-8614 Joshua Pegram jpegram@roanokecountyva.gov 540-283-8137 mnguyen@roanokecountyva.gov James Chapman jchapman@roanokecountyva.gov 540-777-8603 County of Roanoke 5204 Bernard Drive Roanoke, VA 24018 Roanoke County Administration Center 5204 Bernard Drive Roanoke, VA 24018-0798 Roanoke County Police Department 5925 Cove Road Roanoke, VA 24019 DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D Attachment 3B-2 Highest Compensated Officers Subaward Number: Subrecipient: Institution Name: Highest Compensated Officers The names and total compensation of the five most highly compensated officers of the entity(ies) must be listed if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1) Internal Revenue Code of 1986. Officer 1 Name: Officer 1 Compensation: Officer 2 Name: PI Name: Officer 2 Compensation: Officer 3 Compensation: Officer 4 Compensation: Officer 5 Compensation: Officer 3 Name: Officer 4 Name: Officer 5 Name: E2059702 Roanoke County Police Department James Chapman DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D Attachment 4 Reporting and Prior Approval Terms to the PTE’s . Such report shall also include a detailed budget for the next Budget Period, Subaward Number: Quarterly technical/progress reports will be submitted within 30 days after the end of each project quarter to the PTE’s days prior to the end of each budget period Subrecipient agrees to submit the following reports (PTE contacts are identified in Attachment 3A): Technical Reports: within days of Monthly technical/progress reports will be submitted to the PTE’s of the end of the month. Annual technical / progress reports will be submitted within updated other support for key personnel, certification of appropriate education in the conduct of human subject research of any new key personnel, and annual IRB or IACUC approval, if applicable. days of thewithin in order for the PTE A Final technical/progress report will be submitted to the PTE’s end of the Project Period or after termination of this award, whichever comes first. Technical/progress reports on the project as may be required by PTE’s to satisfy its reporting obligations to the Federal Awarding Agency. Prior Approvals: Carryover: Other Reports: In accordance with 37 CFR 401.14, Subrecipient agrees to notify both the Federal Awarding Agency via iEdison and PTE's within 60 days after Subrecipient’s inventor discloses invention(s) in writing to Subrecipient’s personnel responsible for patent matters. The Subrecipient will submit a final invention report using Federal Awarding Agency specific forms to the PTE’s within 60 days of the end of the Project Period to be included as part of the PTE's final invention report to the Federal Awarding Agency. A negative report is required: Property Inventory Report (only when required by Federal Awarding Agency), specific requirements below. Additional Technical and Reporting Requirements: . E2059702 Administrative Contact 15 Administrative Contact n 60 Principal Investigator n Principal Investigator 60 n Administrative Contact Carryover is restricted for this subaward by the:Pass-Through Entity Submit carryover requests to the Principal Investigator . Carryover instructions and requirements are as stated by the Federal Awarding Agency guidance or as shown below. Administrative Contact Administrative Contact Final Financial Report: Due with Final Invoice to ospsubs@gmu.edu Final Invoice: Due NLT 60 days after end date to acctpay@gmu.edu Close-out Documents: Due 60 days after end date to ospsubs@gmu.edu Small Business Subcontracting Plan: Due annually by September 1 to arailey@gmu.edu (Required only if prime award contains 52.219-9 and exceeds federal dollar threshold for applicability) Additional reporting requirements may be identified in the Prime Award Terms and Conditions incorporated in Attachment 6. Closeout Along with any other reports or deliverables required hereunder, Subrecipient shall submit its final invoice and release and assignment to PTE within 60 calendar days following completion of the period of performance of this Subaward. In the event that quick closeout is requested by PTE, Subrecipient shall comply with FAR Part 42.708 to complete Subaward closeout. Payment of the final invoice will be withheld pending: • Completion, submission, and acceptance by PTE of all work performed under the Statement of Work; • Completion of Subrecipient’s Release Form, including patent/invention report, and property report located at http://osp.gmu.edu/post-award/forms/#s; and • Clear, visible, and proper marking of “final invoice” on the actual final invoice. Close-out Documents are available on the George Mason University website at: https://osp.gmu.edu/forms/ To check payment status of any invoice, Subrecipient may register in the Mason Fiscal Service Payment Inquiry Portal at: https://468002.invoiceinfo.com/register.php. DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D Attachment 5 Statement of Work, Cost Sharing, Indirects & Budget Statement of Work Below Attached, pages If award is FFATA eligible and SOW exceeds 4000 characters, include a Subrecipient Federal Award Project Description % Budget Information Subaward Number: Cost Sharing If Yes, include Amount: $ Below Attached,pages Direct Costs $ Indirect Costs $ Total Costs $ All amounts are in United States Dollars Indirect Information Indirect Cost Rate (IDC) Applied Rate Type: Budget Details Budget Totals E2059702 2 Modified Total Direct Costs No 2 11,250.00 11,250.00 DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D Budget Summary A. Personnel $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 B. Fringe Benefits $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 C. Travel $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 D. Equipment $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 E. Supplies $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 F. Construction $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 G. Subawards (Subgrants)$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 H. Procurement Contracts $11,250 $0 $11,250 $0 $0 $0 $0 $0 $0 $0 $22,500 I. Other $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Direct Costs $11,250 $0 $11,250 $0 $0 $0 $0 $0 $0 $0 $22,500 J. Indirect Costs $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Project Costs $11,250 $0 $11,250 $0 $0 $0 $0 $0 $0 $0 $22,500 Year 1 Year 4 (if needed) Fe d e r a l Re q u e s t Year 3 (if needed) Fe d e r a l Re q u e s t No n - F e d e r a l Re q u e s t Budget Summary Note: Any errors detected on this page should be fixed on the corresponding Budget Detail tab. No n - F e d e r a l Re q u e s t To t a l ( s ) Fe d e r a l Re q u e s t Fe d e r a l Re q u e s t Year 2 (if needed) No n - F e d e r a l Re q u e s t Budget Category No Year 5 (if needed) Fe d e r a l Re q u e s t No n - F e d e r a l Re q u e s t Does this budget contain conference costs which is defined broadly to include meetings, retreats, seminars, symposia, and training activities? - Y/N No n - F e d e r a l Re q u e s t 1 DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D Quantity Cost Total Annual Mental Health Check 150 $150 $22,500 Roanoke County Police Department will provide officers with a mandatory, mental health check-in with a ceritified mental health practicioner. Bsed on current market value, it is estimated a 45-60 minute session with a certified mental health practicioner will cost $150. per hour. Coalition to Enhance the Capacity of Policing Mental Health Problems in Virginia Service DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D Attachment 6 Notice of Award (NOA) and any additional documents The following pages include the NOA and if applicable any additional documentation referenced throughout this Subaward. Not incorporating the NOA or any additional documentation to this Subaward. Subaward Number: E2059702 DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D July 26, 2022 Dear Maggie Ewell, On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by GEORGE MASON UNIVERSITY for an award under the funding opportunity entitled 2022 BJA FY 22 Invited to Apply — Byrne Discretionary Community Project Funding/Byrne Discretionary Grants Program. The approved award amount is $1,483,000. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These re quirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. Congratulations, and we look forward to working with you. Maureen Henneberg Deputy Assistant Attorney General Office for Civil Rights Notice for All Recipients The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with DocuSign Envelope ID: 1F2C5D4E-6928-4420-97F3-6E3F752DC509 Director of Contracts Eileen Gallagher 8/6/2022 DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm. Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal-opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov. Memorandum Regarding NEPA NEPA Letter Type OJP - Categorical Exclusion NEPA Letter None of the following activities will be conducted whether under the Office of Justice Programs federal action or a related third party action: (1) New construction (2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located within a 100-year flood plain, a wetland, or habitat for an endangered species (3) A renovation that will change the basic prior use of a facility or significantly change its size DocuSign Envelope ID: 1F2C5D4E-6928-4420-97F3-6E3F752DC509DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D (4) Research and technology whose anticipated and future application could be expected to have an effect on the environment (5) Implementation of a program involving the use of chemicals (including the identification, seizure, or closure of clandestine methamphetamine laboratories) Additionally, the proposed action is neither a phase nor a segment of a project that when reviewed in its entirety would not meet the criteria for a categorical exclusion. Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations. Questions about this determination may be directed to your grant manager or Orbin Terry, Environmental Coordinator for the Bureau of Justice Assistance. DocuSign Envelope ID: 1F2C5D4E-6928-4420-97F3-6E3F752DC509DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D DocuSign Envelope ID: 1F2C5D4E-6928-4420-97F3-6E3F752DC509DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D DocuSign Envelope ID: 1F2C5D4E-6928-4420-97F3-6E3F752DC509DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D DocuSign Envelope ID: 1F2C5D4E-6928-4420-97F3-6E3F752DC509DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D DocuSign Envelope ID: 1F2C5D4E-6928-4420-97F3-6E3F752DC509DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D DocuSign Envelope ID: 1F2C5D4E-6928-4420-97F3-6E3F752DC509DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D DocuSign Envelope ID: 1F2C5D4E-6928-4420-97F3-6E3F752DC509DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D DocuSign Envelope ID: 1F2C5D4E-6928-4420-97F3-6E3F752DC509DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D DocuSign Envelope ID: 1F2C5D4E-6928-4420-97F3-6E3F752DC509DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D DocuSign Envelope ID: 1F2C5D4E-6928-4420-97F3-6E3F752DC509DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D DocuSign Envelope ID: 1F2C5D4E-6928-4420-97F3-6E3F752DC509DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D DocuSign Envelope ID: 1F2C5D4E-6928-4420-97F3-6E3F752DC509DocuSign Envelope ID: EFB8A305-A3D8-40DD-876C-71592BF8661D Page 1 of 3 ACTION NO. ITEM NO. H.4 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2023 AGENDA ITEM: Ordinance authorizing the release and vacation of existing waterline, temporary construction and drainage easements located on 0.933 acre +/- on property of Margaret O. Klapperich, Instrument Number 201507683, Tax Map #027.06-05-06.00-0000, Hollins Magisterial District SUBMITTED BY: Megan G. Cronise Assistant Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: The Board of Supervisors must adopt an ordinance to authorize the release and vacation of a waterline easement, temporary construction easement and drai nage easement along Plantation Road located at 7515 Friendship Lane in the Hollins Magisterial District. BACKGROUND: The Plantation Road Bicycle, Pedestrian and Streetscape Improvement Project was initiated in 2009 to implement the 2008 Hollins Area Plan . The original project scope included both sides of Plantation Road, extended from Williamson Road to Interstate 81, and proposed connecting Walrond Park with the Tinker Creek Greenway envisioned along Carvin Creek. Three (3) phases of the project have been funded and constructed through several transportation programs since 2009. In order to construct Phase 1 and Phase 2 of the project between Williamson Road and Gander Way/Friendship Lane, various easements were donated to Roanoke County in 2015. At the time, the property located at 7515 Friendship Lane on the corner of Plantation Road was owned by Guy and Mary Plymale. Mr. and Mrs. Plymale donated right-of-way, a waterline easement, a drainage easement and a temporary construction easement to the Board of Supervisors with a deed and plat recorded on July 16, 2015. Page 2 of 3 The easements were anticipated to be needed for sidewalk construction and related impacts along the eastern side of Plantation Road. As project costs grew, the project scope was reduced to remove the planned segment of sidewalk on the eastern side of Plantation Road between Lila Drive and Friendship Lane. Phase 2 of the project, completed in 2022, included construction of a crosswalk with pedestrian signals at the Friendship Lane/Plantation Road corner in the public right-of-way adjacent to the subject property. Mr. Plymale passed away in 2016 and Mrs. Plymale passed away in 2018. The property conveyed to Margaret O. Klapperich in 2018. DISCUSSION: InSite Real Estate Investment Properties, LLC. (InSite) entered into a Purchase and Sale Contract with Margaret O. Klapperich for the property located at 7515 Friendship Lane in May 2022. InSite requested that the property be rezoned from R -2, Medium Density Residential District, to C-2, High Intensity Commercial District, to construct a drive-in or fast food restaurant (Quick-Serve Coffee Shop) in June 2022. The Board of Supervisors approved the rezoning request with proffered conditions in August 2022. InSite included sidewalk along the property's Plantation Road and Friendship Lane frontage in the proffered concept plan. Sidewalk is also included on the site plan for the project which was conditionally approved on February 20, 2023. InSite has coordinated an Easement Vacation Request App lication with Ms. Klapperich in order to vacate any easements not needed prior to the anticipated late March 2023 closing on the property. The application requests that the Board of Supervisors vacate the waterline easement, drainage easement and temporary construction easement obtained from Mr. and Mrs. Plymale in 2015. Staff research and discussions with the Western Virginia Water Authority, the Virginia Department of Transportation, and County Engineering and Stormwater staff concluded that none of the easements are currently being utilized and, if InSite constructs sidewalk as planned, the easements will not be needed in the future. A Deed of Release has been signed by Ms. Klapperich to further facilitate the release of the easements. FISCAL IMPACT: None. STAFF RECOMMENDATION: Page 3 of 3 Staff recommends that the Board of Supervisors schedule the second reading for March 14, 2023. Date:Application Deadline: Name: Address: Phone #: Sewer Water Easement Easement Drainage Easement Alley Right-of- Way Other: Location of vacation: that the vacation/quitclaim noted above be processed for presentation to the Roanoke County Board $787.50 for the vacation fee, advertising fee & technology fee must be paid to begin processing. Payment can be made by check or by credit card by calling 772-2065 opt 1 vacation/quitclaim S 58°07'41" W 249.55' N 20°26'39" W 50.07' N 57°32'09" E 198.46' S 2 6 ° 5 1 ' 1 1 " E 14 7 . 9 5 ' L1 L3 L4 L5 L6 L7 L8 PL A N T A T I O N R O A D - R T E . 1 1 5 VA R I A B L E W I D T H P U B L I C R / W FRIENDSHIP LANE - RTE. 1895 VARIABLE WIDTH PUBLIC R/W C1 LINE TABLE LINE # L1 L2 L3 L4 L5 L6 L7 L8 DIRECTION N 21°02'11" W N 59°01'15" E N 12°29'11" W S 80°00'08" E N 11°50'08" E N 74°49'36" W N 20°01'24" E S 26°04'19" E LENGTH 29.43' 2.39' 37.95' 6.93' 10.06' 13.38' 19.00' 30.00' CURVE TABLE CURVE # C1 LENGTH 42.20' RADIUS 79.42' TANGENT 21.61' DELTA 30°26'32" CHORD DIRECTION N 5°13'23" W CHORD LENGTH 41.70' L2 STORM MANHOLE TOP:1107.53; INV.: ±1100.5' 36" RCP INV.:1098.71' 13 12 19.0' 9.0' 11.0' 19.0' 9.0'5.0'4.0'4.0' 24.0' 24.0' 12.0' 5.0' 5.5' FROM BACK OF CURB 8.0' 12.7' 16.9' 28.9' 5.0' 19.3' R8' R10' R2' R20' R32' R20' R32' R32' R20' R5' R5' R2' R3' R15' A A C C E D F 1 2 PROPOSED 2,500-SF BUILDING 3 3 4 5 6 7 8 10 11 12 9 13 13 13 14 8.4' 7.8' TO CL @ PC 10.7' TO CL @ PC R37.8' @ CL ARC L = 58.9' R37.6' @ CL ARC L = 37.5' R16.5' @ CL ARC L = 14.69' R14.8' @ CL ARC L = 5.9' 12.1' 51 . 2 ' 12.0' 5.5' TO FC 10.7' TO FC @ PC 17.2' TO FC @ PC 30.0' TYPE 'C' BUFFER YARD 9.0'9.0' 18.0' 40.5' 53.5' 10.0' 17.0' 5.6' APPROXIMATE LIMIT OF RETAINING WALL BLOCK UNITS MINIMUM WALL RADIUS = 14.5-FT 10.3' 100.6' 5.5' 5.0' 11A 11A 11 11 105.7' 98.0' 15 STACKING SPACES 12 WIDE' x 20' LONG GC TO STABILIZE POLE DURING EARTHWORK OPERATIONS 16 16 15 1" = 20' C04 LAYOUT & DIMENSIONAL PLAN 04 2122 Carolina Ave, SW Roanoke, VA 24014 Ph: 540-387-1153 Fax: 540-389-5767 1915-B W. Cary Street Richmond, VA 23220 Phone: 804-358-2947 Fax: 804-359-9645 www.parkerdg.com These documents are the property of Parker Design Group(PDG) and may not be reproduced or used without the express permission of PDG. Any reuse of these documents without authorization of PDG will be at the sole risk of the individual or entity utilizing said documents. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS DESIGN GROUP S: \ 2 0 2 2 P r o j e c t s \ 2 2 - 0 1 7 3 I n S i t e - R o a n o k e C o \ 5 D W G \ A c t i v e E n g i n e e r i n g P r o d u c t i o n \ 2 2 - 0 1 7 3 - L A Y O U T & D I M E N S I O N A L P L A N . d w g No v e m b e r 2 2 , 2 0 2 2 10 : 0 4 : 2 1 A M DESIGNED BY: DRAWN BY: CHECKED BY: SCALE: DATE: PROJECT NUMBER: REVISIONS OF SHEET TITLE: 22-0173 NOVEMBER 21, 2022 17 75 1 5 F R I E N D S H I P L A N E ( 0 2 7 . 0 6 - 0 5 - 0 6 . 0 0 - 0 0 0 0 ) RO A N O K E C O U N T Y , V I R G I N I A SI T E D E V E L O P M E N T P L A N S P R E P A R E D F O R RO A N O K E , V A ( 7 5 1 5 F R I E N D S H I P ) L L C CO F F E E S H O P & D R I V E - T H R O U G H JDE JMD JDE / JMD 11/21/2022 PAVEMENT LEGEND: SEE SHEET C10 FOR SITE DETAILS STANDARD DUTY ASPHALT HEAVY DUTY ASPHALT HEAVY DUTY CONCRETE SIDEWALK CONCRETE DUMPSTER DRAINAGE NOTE: INSTALL 14' LONG, R-4990 HEAVY DUTY NEENAH FOUNDRY TRENCH DRAIN TO CAPTURE DUMPSTER AREA RUNOFF. USE 8" WIDE, TYPE A GRATE. REFER TO MANUFACTURERS SPECIFICATION FOR INSTALLATION DETAILS. DISCHARGE 6" SCHEDULE 40 PVC PIPE TO 5'x5' #57 STONE PAD (36 INCH DEPTH). WRAP BOTTOM 2' OF DEPTH IN GEOTEXTILE FABRIC. FIRE MARSHALL NOTES: 1.THERE SHALL BE NO PLANTINGS PLACED WITHIN THREE FEET OF THE FIRE DEPARTMENT CONNECTION. 2.FIRE LANE SIGNS SHALL BE MOUNTED WITH THE BOTTOM 7' FROM THE PAVEMENT ELEVATION AND SETBACK FROM THE PAVEMENT OR CURB NO MORE THAN THREE FEET. 3.KNOX LOCKING CAPS ARE REQUIRED FOR THE FDC. 4.COORDINATE KNOX BOX REQUIREMENTS WITH THE FIRE MARSHAL'S OFFICE. MINIMUM FIRE FLOW REQUIRED PER FIRE MARSHAL'S OFFICE IS 1,500 GPM. FIRE FLOW DATA FROM WVWA CONDUCTED TEST ON 09/15/2022 IS AS FOLLOWS: HYDRANT 20467 FLOW = 1,244 GPM STATIC PRESSURE 87-PSI RESIDUAL PRESSURE 64-PSI CALCULATED FLOW AT 20 PSI = 2,217 GPM ROOF DRAIN COLLECTOR NOTES: 1.ALL PIPE MATERIAL SHALL BE ADS HP STORM WITH WATERTIGHT JOINT CONNECTORS. 2.USE ADS DOWNSPOUT BOOT ADAPTORS AT ALL DOWNSPOUT LOCATIONS. 3.FOLLOW MINIMUM INVERT ELEVATIONS AS SHOWN AT C.O. LOCATIONS. 4.ALL ROOF DRAINS TO BE ROUTED UNDERGROUND TO PROPOSED STORM STRUCTURES. CONTRACTOR SHALL COORDINATE DOWNSPOUT LOCATIONS WITH ARCHITECTURAL DRAWINGS. 5.CLEANOUTS SHALL HAVE TRAFFIC BEARING CAPS. 6.INSTALL ALL ROOF DRAIN SYSTEM COMPONENTS IN CONFORMANCE WITH THE MANUFACTURERS SPECIFICATIONS. GENERAL NOTES: 1.STRIPING SHALL BE LONG LIFE EPOXY RESIN (TWO COMPONENT. 100% SOLID FORMULATION). EPOXY RESIN WITH GLASS BEADS IS TO BE USED FOR STOP BARS & CROSSWALKS. 2.PAVEMENT GRAPHICS SHALL BE EITHER PRE-FORMED THERMOPLASTIC OR LONG LIFE EPOXY RESIN PAINT. 3.CONTRACTOR SHALL ENSURE THAT ALL VDOT REQUIRED EXPANSION JOINTS ALONG EXISTING CURB & GUTTER ARE IN PLACE. CONTRACTOR SHALL CONFIRM WITH VDOT ON EXPANSION JOIN LOCATION & MATERIAL. 4.CONTRACTOR SHALL PROVIDE A CLEAN MILLED JOINT SQUARED OFF BY FULL PAVEMENT WIDTH WHEN TYING INTO EXISTING PAVEMENT. 5.CONTRACTOR SHALL GROUT ANY GAPS BETWEEN EXISTING GUTTER PANS & STORM INLET THROATS. DIMENSIONAL NOTES: 1.ALL RADIAL DIMENSIONS ARE FROM FRONT OF CURB TYPICAL, UNLESS OTHERWISE NOTED. LENGTH DIMENSIONS ARE FROM FRONT OF CURB TO FRONT OF CURB TYPICAL. SITE LEGEND (SEE SHEET C10 FOR DETAILS): MASONRY DUMPSTER ENCLOSURE (SEE ARCHITECTURAL PLANS)1 STRIPING LEGEND: DIRECTIONAL WAYFINDING GRAPHIC ARROW (TYPICAL)A STACKING SPACE (TYPICAL)2 VDOT STD. CG-12 RAMP & DETECTABLE WARNING STRIP3 PARKING BLOCK (TYPICAL)4 PYLON SIGN - 25-FT HIGH, (2) 488-SF FACES, MAX. (FOUNDATION BY DEVELOPER)5 POLE & CABINET BY TENANT UNDER SEPARATE CONTRACT (SEE ARCHITECTURAL PLANS) 6 BIKE RACK (SEE ARCHITECTURAL PLANS)7 PATIO (500-SF) W/ ARCHITECTURAL FENCING8 9 VDOT STD. CG-9D ENTRANCE10 VDOT STD. CG-2 CURB (TYPICAL)11 4" WHITE DIAGONAL STRIPING - 2' O.C. @ 45 DEGREES (TYP.)B 4" YELLOW DIAGONAL CROSS-WALK STRIPING - 2' O.C. @ 45 DEGREES (TYP.)C ADA PARKING STRIPING & SIGNAGE - 2' O.C. @ 45 DEGREES (TYP.)D WAYFINDING GRAPHIC ENTRY ARROWE THANK YOU / EXIT SIGN (SEE ARCHITECTURAL PLANS)12 RETAINING WALL - REDI-ROCK GRAVITY BLOCK SYSTEM (SEE DETAIL C10). SEPARATE PERMIT REQUIRED. ENGINEERING DESIGN REQUIRED.13 WAYFINDING GRAPHIC EXIT ARROWF 6-FT HIGH SCREEN FENCE - BOARD ON BOARD DESIGN. SEE DETAIL SHEET C10.14 CLEARANCE BAR & DRIVE-THRU DIRECTIONAL SIGN (SEE ARCH PLANS) PRE-MENU BOARD, ORDER POINT CANOPY WITH DIGITAL ORDER SCREEN, & MENU BOARD (SEE ARCHITECTURAL PLANS) INSTALL ENTRANCE TAPER. PROVIDE 1.0' WIDE REMOVAL OF EXISTING PAVEMENT BEYOND NEW INTALL LIMIT PER VDOT STANDARDS.15 VDOT STD. CG-6 CURB (TYPICAL)11A INSTALL 4-FT HIGH BLACK VINYL CLAD CHAIN LINK FENCE16 1 inch = ft. ( IN FEET ) GRAPHIC SCALE 020 20 40 20 10 Tax Map Nos.: 027.06-05-06.00-0000, 027.06-05-07.00-0000, 027.06-05-08.00-0000 Consolidated Tax Parcel: 027.06-05-06.00-0000 Property Owner: Margaret O. Klapperich THIS DEED OF RELEASE, made and entered into this day of March, 2023, by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, Grantor, and MARGARET O. KLAPPERICH, Grantee. W I T N E S S E T H WHEREAS, by Instrument No. 201507683, dated 16 July 2015, recorded 12 August 2015 in the Office of the Clerk of the Circuit Court of the County of Roanoke, Virginia, Guy O. Plymale and Mary P. Plymale (“the Plymales”) conveyed certain temporary construction, waterline, and drainage easements to the Board of Supervisors of Roanoke County. WHEREAS, the waterline easement measuring 0.009 acre, a temporary construction easement measuring 0.082 acre and a drainage easement across two parcels of land owned by the Plymales on Tax Map Nos. 027.06-05-07.00-0000 and 027.06-05-08.00-0000, and identified more particularly on a Right of Way Plan Sheet entitled “Plantation Road, Bicycle, Pedestrian, and Streetscape Improvements Project” dated January 30, 2015, attached hereto as Exhibit A are the subject easements for this Deed of Release; and WHEREAS, the County did not utilize the easements granted by the aforesaid deed and the easements are no longer required by the Board of Supervisors of Roanoke County, Virginia; and WHEREAS, Margaret O. Klapperich (“Klapperich”), current owner of record of the servient property, has entered into a purchase agreement with InSite Real Estate, LLC to purchase the property upon which the County’s easements exist and releasing the easements will facilitate the sale and development of the property; and WHEREAS, Klapperich has requested that said temporary construction, waterline, and drainage easements be released of record; and WHEREAS, the County shall retain the Right of Way granted by Instrument 201507683. NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1,00), cash in hand paid, the receipt of which is hereby acknowledged by the Board of Supervisors of Roanoke County, the said Board of Supervisors does hereby SURRENDER, RELEASE, VACATE, and QUITCLAIM unto Margaret O. Klapperich, her successors and assigns, the following described easements, to-wit: A temporary construction easement containing 0.082 acres +/- to use as located and staked on the ground for cut and/or fill slopes as being required for the proper execution of the work. A permanent water easement containing 0.009 acres +/- more particularly described on the Right of Way Plan Sheet entitled “Plantation Road, Bicycle, Pedestrian, and Streetscape Improvements Project” dated January 30, 2015, attached hereto as Exhibit A. Richard L. Caywood, County Administrator of Roanoke County, Virginia, hereby executes this instrument as authorized by the Board of Supervisors of Roanoke County, Virginia, pursuant to Ordinance _____ adopted by the Board of Supervisors of Roanoke County, Virginia, on the 14th day of March, 2023. WITNESS the following signatures and seals: [signature pages to follow] BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA GRANTOR By _________________________________ 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 , 2023, by Richard L. Caywood, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. _____________________________________ Notary Public My commission expires: ______________________ MARGARET O. KLAPPERICH GRANTEE ______________________________________ Commonwealth of Virginia County of Roanoke, to-wit: The foregoing instrument was acknowledged before me this day of , 2023, by Margaret O. Klapperich. _____________________________________ Notary Public My commission expires: ______________________ Page 1 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 28, 2023 ORDINANCE AUTHORIZING THE RELEASE AND VACATION OF EXISTING WATERLINE, TEMPORARY CONSTRUCTION AND DRAINAGE EASEMENTS LOCATED ON 0.933 ACRE +/- ON PROPERTY OF MARGARET O. KLAPPERICH, INSTRUMENT NUMBER 201507683, TAX MAP #027.06-05-06.00-0000, HOLLINS MAGISTERIAL DISTRICT WHEREAS, by Instrument No. 201507683, dated 16 July 2015, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, Guy O. Plymale and Mary P. Plymale granted to the Board of Supervisors of Roanoke County right of way, a waterline easement measuring 0.009 acre, a temporary construction easement measuring 0.082 acre and a drainage easement across two parcels of land owned by them, Tax Map Nos. 027.06-05-07.00-0000 and 027.06-05-08.00-0000, and identified more particularly on a Right of Way Plan Sheet entitled “Plantation Road, Bicycle, Pedestrian, and Streetscape Improvements Project” dated January 30, 2015, attached hereto as Exhibit A; and WHEREAS, the County has not utilized the easements at issue and does not anticipate using the easements as described in Instrument No. 201507683 and depicted on Exhibit A; and WHEREAS, by Instrument No. 202209719, dated 15 September 2022, and recorded in the Clerk’s Office of the Circuit Court of Roanoke County, Virginia, the current owner of the property, Margaret Ochoa Klapperich, vacated and combined Tax Map #027.06-05-06.00-0000, #027.06-05-07.00-0000 and #027.06-05-08.00-0000 to create New Lot A1, Tax Map #027.06-05-06.00-0000, measuring 0.933 acre; WHEREAS, Margaret O. Klapperich has requested that the County release and vacate its existing easements on the property so th at she may complete the sale of the Page 2 of 3 property to InSite Real Estate Investment, LLC to facilitate future commercial development; and WHEREAS, County staff has reviewed and approved the vacation and release of these easements described in Instrument No. 201507683 and depicted on Exhibit A; and WHEREAS, no other property owner will be affected by the vacation of these easements, and this vacation will not involve any cost to the County, and the affected agencies and County departments have raised no objection; and WHEREAS, notice has been given as required by Section 15.2-2204 of the Code of Virginia (1950, as amended); and THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on February 28, 2023, and a second reading and public hearing of this ordinance was held on March 14, 2023. 2. That the subject easements situated on a 0.933 acre parcel of land owned by Margaret O. Klapperich, and identified more particularly as described in Instrument No. 201507683 and on a Right of Way Plan Sheet entitled “Plantation Road, Bicycle, Pedestrian, and Streetscape Improvements Project” dated January 30, 2015, attached hereto as Exhibit A, be, and hereby is, vacated pursuant to Section 15.2-2270 of the Code of Virginia 1950, as amended. 4. That all costs and expenses associated herewith, including but not limited to survey and recordation costs, shall be the responsibility of the Petitioner. Page 3 of 3 5. That the County Administrator, Deputy County Administrator or Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2270 of the Code of Virginia (1950, as amended). 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: February 28, 2023 AGENDA ITEM: Accounts Paid – January 2023 SUBMITTED BY: Laurie L. Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors -$ -$ 10,976,928.06$ Payroll 01/06/23 1,845,846.97 13,969.86 1,859,816.83 Payroll 01/20/23 1,731,392.47 9,974.75 1,741,367.22 Manual Checks - 7,389.34 7,389.34 Grand Total 14,585,501.45$ A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. Changes in outstanding debt for the fiscal year to date were as follows: Audited Outstanding Outstanding June 30, 2022 Additions Deletions February 28, 2023 VPSA School Bonds 85,873,052$ -$ 8,043,501$ 77,829,551$ Lease Revenue Bonds 73,900,000 12,660,000 3,800,000 82,760,000 Subtotal 159,773,052 12,660,000 11,843,501 160,589,551 Premiums 12,384,805 812,376 - 13,197,181 172,157,857$ 13,472,376$ 11,843,501$ 173,786,732$ 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 $102,084,564 $51,325,017 50.28%$110,497,500 $54,817,077 49.61%$3,492,060 6.37% Personal Property Taxes 33,500,000 2,019,050 6.03%39,000,000 2,186,964 5.61%167,913 7.68% Public Service Corp Base 3,710,928 3,858,439 103.98%4,040,928 3,917,800 96.95%59,361 1.52% Penalties & Interest on Property Taxes 529,072 532,423 100.63%529,072 553,980 104.71%21,557 3.89% Payment In Lieu Of Taxes 180,000 92,291 51.27%180,000 93,069 51.71%778 0.84% Communication Taxes 2,900,000 1,411,126 48.66%2,650,000 1,372,700 51.80%(38,426)-2.80% Local Sales Tax 12,200,000 6,839,680 56.06%14,267,641 7,369,658 51.65%529,978 7.19% Consumer Utility Tax 3,650,000 1,723,034 47.21%3,750,000 1,829,727 48.79%106,693 5.83% Business License Tax 6,364,000 700,959 11.01%7,225,000 1,036,760 14.35%335,801 32.39% Franchise Tax 660,000 0 0.00%700,000 (42,136)-6.02%(42,136)100.00% Motor Vehicle License Fees 2,400,000 360,510 15.02%2,400,000 390,095 16.25%29,585 7.58% Taxes On Recordation & Wills 1,400,000 912,675 65.19%1,800,000 610,643 33.92%(302,032)-49.46% Utility License Tax 725,000 148,061 20.42%600,000 155,828 25.97%7,767 4.98% Hotel & Motel Room Taxes 807,597 872,869 108.08%1,349,568 921,021 68.25%48,153 5.23% Taxes - Prepared Foods 4,270,750 2,574,003 60.27%4,800,000 2,902,201 60.46%328,198 11.31% Other Taxes 275,000 187,612 68.22%675,000 703,467 104.22%515,855 73.33% Animal Control Fees 42,500 21,163 49.80%42,500 25,224 59.35%4,061 16.10% Land and Building Fees 15,850 73,775 465.45%15,850 6,231 39.31%(67,543)-1083.97% Permits 549,840 325,372 59.18%924,107 308,087 33.34%(17,286)-5.61% General Fund - C100 For the Seven Months Ending Tuesday, January 31, 2023 Revenues Revenues Budget Revenues % of Budget Budget Revenues % of Budget Actuals % of Variance Prior Year Current Year Variances Fees 64,600 18,125 28.06%64,600 48,675 75.35%30,550 62.76% Clerk of Court Fees 127,000 72,459 57.05%127,000 72,043 56.73%(416)-0.58% Photocopy Charges 210 0 0.00%210 0 0.00%0 0.00% Fines and Forfeitures 353,500 252,432 71.41%400,000 229,588 57.40%(22,844)-9.95% Revenues from Use of Money 125,000 19,609 15.69%90,897 310,269 341.34%290,660 93.68% Revenues From Use of Property 178,200 101,683 57.06%178,200 90,685 50.89%(10,998)-12.13% Charges for Services 3,780,400 1,809,369 47.86%3,790,100 1,579,065 41.66%(230,304)-14.58% Charges for Public Services 70,000 545 0.78%70,000 345 0.49%(200)-57.97% Education Aid-State 0 0 0.00%0 0 0.00%0 0.00% Reimb-Shared Programs Salem 771,464 130,739 16.95%996,464 232,686 23.35%101,947 43.81% Miscellaneous Revenue 288,536 217,378 75.34%289,036 291,230 100.76%73,852 25.36% Recovered Costs 875,000 315,972 36.11%800,129 387,190 48.39%71,218 18.39% Non-Categorical Aid 402,000 993,211 247.07%402,000 963,485 239.67%(29,726)-3.09% Shared Expenses 5,520,626 2,967,834 53.76%5,752,453 3,041,306 52.87%73,472 2.42% Revenues Revenues Budget Revenues % of Budget Budget Revenues % of Budget Actuals % of Variance Prior Year Current Year Variances Welfare & Social Services-Categorical 4,448,865 2,202,284 49.50%3,882,401 2,774,346 71.46%572,062 20.62% Other State Categorical Aid 2,320,569 1,135,657 48.94%2,468,805 1,253,360 50.77%117,703 9.39% Welfare & Social Services 5,495,953 3,197,631 58.18%6,250,000 2,761,821 44.19%(435,809)-15.78% 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% Other Financing Sources 38,711,874 0 0.00%39,426,765 0 0.00%0 0.00% Transfers 0 0 0.00%0 0 0.00%0 0.00% Expenditures Exp & Encum Expenditures Exp & Encum % of Budget & Encumbrances % of Budget Budget & Encumbrances % of Budget Actuals Variance Legislative 331,603 235,508 71.02%398,981 221,949 55.63%(13,560)-6.11% General & Financial Administration 7,904,251 4,266,784 53.98%8,830,443 5,089,763 57.64%791,984 15.77% Electoral Board & Officials 471,516 366,807 77.79%820,131 412,446 50.29%46,217 11.21% Courts 1,647,977 800,883 48.60%1,714,708 869,794 50.73%68,911 7.92% Other Judicial Support 1,344,243 806,410 59.99%1,461,425 872,434 59.70%66,024 7.57% Law Enforcement & Traffic Cont 14,991,033 8,584,336 57.26%16,914,417 9,851,685 58.24%1,311,171 13.34% Fire and Rescue 17,358,486 10,152,878 58.49%20,140,145 11,653,085 57.86%1,528,198 13.12% Correction & Detention 9,679,077 5,081,649 52.50%10,862,582 5,939,810 54.68%876,058 14.77% Animal Control 837,711 475,243 56.73%1,124,393 590,611 52.53%115,368 19.53% General Services Administration 797,665 514,605 64.51%928,356 533,942 57.51%31,529 5.91% Refuse Disposal 5,441,462 3,064,934 56.33%5,646,669 3,444,289 61.00%360,054 10.69% Maint Buildings & Grounds 5,049,229 3,097,473 61.35%5,424,601 3,159,644 58.25%139,213 4.42% Engineering 1,664,905 1,007,027 60.49%2,329,994 1,387,194 59.54%354,107 26.15% Inspections 1,569,358 729,565 46.49%1,117,938 611,397 54.69%(118,168)-19.33% Garage Complex 0 0 0.00%0 0 0.00%0 0.00% General Fund - C100 For the Seven Months Ending Tuesday, January 31, 2023 Expenditures Exp & Encum Expenditures Exp & Encum % of Budget & Encumbrances % of Budget Budget & Encumbrances % of Budget Actuals Variance Prior Year Current Year Variances Public Works 14,522,619 8,413,604 57.93%15,447,558 9,136,467 59.15%766,736 8.50% Mental Health 0 0 0.00%0 0 0.00%0 0.00% Public Health 515,902 386,927 75.00%579,181 413,701 71.43%26,774 6.47% Social Services Administration 8,818,788 4,860,802 55.12%8,533,193 4,556,377 53.40%(237,879)-5.22% Comprehensive Services Act 0 0 0.00%0 0 0.00%0 0.00% Public Assistance 4,918,666 2,737,577 55.66%4,918,666 2,584,464 52.54%(153,113)-5.92% Social Services Organizations 0 0 0.00%0 0 0.00%0 0.00% Parks & Recreation 2,390,260 1,236,606 51.74%2,546,009 1,394,911 54.79%172,337 12.35% Library 4,336,057 2,244,585 51.77%4,630,691 2,499,305 53.97%246,397 9.90% Cultural Enrichment 0 0 0.00%0 0 0.00%0 0.00% Planning & Zoning 1,304,878 679,199 52.05%1,557,390 824,785 52.96%135,363 16.64% Cooperative Extension Program 87,097 11,080 12.72%87,097 26,859 30.84%15,779 58.75% Economic Development 529,257 288,067 54.43%563,335 246,813 43.81%(41,255)-16.72% Public Transportation 0 0 0.00%766,930 166,487 21.71%166,487 100.00% Contribution to Human Service Organizations 0 0 0.00%0 0 0.00%0 0.00% Employee Benefits 4,134,317 2,833,515 68.54%1,666,434 832,393 49.95%(1,975,150)-237.29% Dixie Caverns Landfill Cleanup 52,000 15,438 29.69%67,000 16,775 25.04%1,337 7.97% Expenditures Exp & Encum Expenditures Exp & Encum % of Budget & Encumbrances % of Budget Budget & Encumbrances % of Budget Actuals Variance Prior Year Current Year Variances Miscellaneous 9,240,340 6,324,948 68.45%9,994,982 6,338,469 63.42%70,113 1.10% Tax Relief/Elderly & Handicapp 1,110,000 728,560 65.64%1,110,000 734,408 66.16%5,848 0.80% Refuse Credit Vinton 110,000 110,000 100.00%225,000 110,000 48.89%0 0.00% Board Contingency 24,677,259 0 0.00%29,813,889 0 0.00%0 0.00% Unappropriated Balance 0 0 0.00%0 0 0.00%0 0.00% Interfund Transfers Out 102,335,660 65,630,101 64.13%109,845,195 74,220,029 67.57%8,589,928 11.57% Intrafund Transfers Out 6,149,901 5,106,326 83.03%5,816,452 4,461,446 76.70%(644,880)-14.45% 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: February 28, 2023 AGENDA ITEM: Accounts Paid – January 2023 SUBMITTED BY: Laurie L. Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors -$ -$ 10,976,928.06$ Payroll 01/06/23 1,845,846.97 13,969.86 1,859,816.83 Payroll 01/20/23 1,731,392.47 9,974.75 1,741,367.22 Manual Checks - 7,389.34 7,389.34 Grand Total 14,585,501.45$ 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 SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2023 AGENDA ITEM: Work session to review with the Board of Supervisors the County Administrator's Proposed Fiscal Year 2024 - 2033 Capital Improvement Program (CIP) SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Review of the proposed fiscal year 2024 - 2033 Capital Improvement Program (CIP) with the Board of Supervisors. BACKGROUND: As part of the annual budget development process, County staff conducts a series of work sessions with the Board of Supervisors to discu ss the capital and operating budgets. This work session will provide information on the fiscal year 2024 - 2033 Capital Improvement Program (CIP) which will be proposed by the County Administrator to the Board of Supervisors on March 28, 2023. DISCUSSION: This work session will provide information to the Board of Supervisors on the capital requests made for the fiscal year 2024 - 2033 Capital Improvement Program (CIP) and specifically, those projects which will be proposed for fiscal year 2024. The attac hed PowerPoint presentation will be shown. FISCAL IMPACT: There is no fiscal impact associated with the receipt of the attached presentation. Page 2 of 2 STAFF RECOMMENDATION: Staff recommends the Board of Supervisors receive information on the fiscal year 2024 - 2033 Capital Improvement Program (CIP). Proposed FY 2024 –FY 2033 Capital Improvement Program (CIP) County Funding and Projects Board of Supervisors Work Session February 28, 2023 2 Proposed FY 2024 –FY 2033 •CIP Project and Funding Priorities •Continued Funding to Support Maintenance of Facilities and Technology Infrastructure •Comprehensive Facilities Assessment Study (underway) •Funding for Replacement/Improvements of County Facilities •Fire and Rescue Study (underway, results to be presented to board in summer 2023) •RCAC study (underway) •Continuing Progress on Commitments to Promote Community and Economic Development in Roanoke County •Planned projects based on 20-20-20 Borrowing Policy 3 Proposed FY 2024-2033 CIP Projects Buildings and Facilities Proposed CIP Project FY 2024 Proposed Funding FY 25-33 Additional Funding FY 24-33 Total Funding Hollins Library Replacement $ ---$ 16,100,000 $ 16,100,000 Mount Pleasant and Bent Mountain Library Renovations and Expansion ---2,310,000 2,310,000 Hollins Fire Station Replacement ---16,600,000 16,600,000 Fire Station Improvements/Replacement/Additions ---29,400,000 29,400,000 Jail Roof Replacement 135,000 475,000 610,000 Continued 4 Proposed FY 2024-2033 CIP Projects Buildings and Facilities (Continued) Proposed CIP Project FY 2024 Proposed Funding FY 25-33 Additional Funding FY 24-33 Total Funding Explore Park Phase II $ ---$ 750,000 $ 750,000 Green Ridge Dehumidification ---740,000 740,000 Sports field Lighting Program ---900,000 900,000 Commonwealth's Attorney Renovations Project ---431,200 431,200 Continued 5 Proposed FY 2024-2033 CIP Projects Buildings and Facilities (Continued) Proposed CIP Project FY 2024 Proposed Funding FY 25-33 Additional Funding FY 24-33 Total Funding Courthouse HVAC Replacement $ 500,000 $ 5,900,000 $ 6,400,000 Public Safety Center HVAC and UPS Replacements 2,050,000 ---2,050,000 RCAC HVAC Replacement ---5,200,000 5,200,000 Brambleton Center HVAC Replacement ---525,000 525,000 Total Building and Facilities $ 2,685,000 $ 79,331,200 $ 82,016,200 6 Proposed FY 2024-2033 CIP Projects Capital Maintenance Plan (CMP) & Recurring Items Proposed CIP Project FY 2024 Proposed Funding FY 25-33 Additional Funding FY 24-33 Total Funding Grant Match -NPDES-MS4 BMP Construction $ 100,000 $ 2,750,000 $ 2,850,000 Storm Drainage Maintenance of Effort ---2,790,000 2,790,000 Green Ridge CMP 75,000 2,225,000 2,300,000 Parks Recreation & Tourism CMP 725,000 8,377,500 9,102,500 Roanoke County Broadband Authority –Debt Service 387,149 1,152,311 1,539,460 Continued 7 Proposed FY 2024-2033 CIP Projects CMP and Recurring Items(Continued) Proposed CIP Project FY 2024 Proposed Funding FY 25-33 Additional Funding FY 24-33 Total Funding Wood Haven Technology Park –Debt Service $ 370,479 $ 3,333,786 $ 3,704,265 General Services Capital Maintenance Program 880,000 16,592,787 17,472,787 Sheriff’s Office Capital Maintenance Program 125,000 1,340,000 1,465,000 Second Set of Turnout Gear for Fire & Rescue ---630,000 630,000 Total Capital Maintenance Program and Recurring Items $ 2,662,628 $ 39,191,384 $ 41,854,012 8 Proposed FY 2024-2033 CIP Projects Transportation Proposed CIP Project FY 2024 Proposed Funding FY 25-33 Additional Funding FY 24-33 Total Funding VDOT Revenue Sharing Program $ 250,000 $ 4,800,000 $ 5,050,000 East Roanoke River Greenway 250,000 ---250,000 Total Transportation $ 500,000 $ 4,800,000 $ 5,300,000 9 Proposed FY 2024-2033 CIP Projects Assessments and Studies Proposed CIP Project FY 2024 Proposed Funding FY 25-33 Additional Funding FY 24-33 Total Funding New Zoning Ordinance $ 150,000 $ 100,000 $ 250,000 Housing Study 200,000 ---200,000 East Roanoke River Greenway Feasibility Study 200,000 ---200,000 Williamson/Peters Creek Road Multimodal Safety Study 200,000 ---200,000 Total Assessments and Studies $ 750,000 $ 100,000 $ 850,000 10 Proposed FY 2024-2033 CIP Projects Computer Infrastructure, Software and Hardware Proposed CIP Project FY 2024 Proposed Funding FY 25-33 Additional Funding FY 24-33 Total Funding Genesis Operations Bridge $ 220,000 $ ---$ 220,000 Radio Systems RF Sites Generator Replacement 120,000 ---120,000 Wave Critical Connect Upgrade ---200,000 200,000 County-Wide Computer Replacement Program 260,000 2,430,000 2,690,000 County-Wide Cisco Phone Replacement Program ---300,000 300,000 Email and Business Productivity Tools Replacement 150,000 375,000 525,000 Continued 11 Proposed FY 2024-2033 CIP ProjectsComputer Infrastructure, Software and Hardware (Continued) Proposed CIP Project FY 2024 Proposed Funding FY 25-33 Additional Funding FY 24-33 Total Funding Enterprise GIS Maps and Apps Upgrade $ 400,000 $ 300,000 $ 700,000 IT Infrastructure Replacement CMP 1,200,000 6,850,000 8,050,000 911 Phone and Radio Console Upgrade ---125,000 125,000 OTEK Console Encryption Keying Upgrade ---100,000 100,000 Roanoke Valley Radio System Hardware Upgrade ---2,500,000 2,500,000 Continued 12 Proposed FY 2024-2033 CIP ProjectsComputer Infrastructure, Software and Hardware (Continued) Proposed CIP Project FY 2024 Proposed Funding FY 25-33 Additional Funding FY 24-33 Total Funding Voting Machine Replacement $ 425,000 $ ---$ 425,000 Public Computer Replacement 50,000 740,000 790,000 Global Payroll Modules 1,000,000 ---1,000,000 Total Computer Infrastructure, Software and Hardware $ 3,825,000 $ 13,920,000 $ 17,745,000 13 Total Proposed FY 2024-2033 CIP Projects Proposed CIP Project FY 2024 Proposed Funding FY 25-33 Additional Funding FY 24-33 Total Funding Buildings and Facilities $ 2,685,000 $ 79,331,200 $ 82,016,200 Capital Maintenance Programs and Recurring Items 2,662,628 39,191,384 41,854,012 Transportation 500,000 4,800,000 5,300,000 Assessments and Studies 750,000 100,000 850,000 Computer Infrastructure, Software and Hardware 3,825,000 13,920,000 17,745,000 Total 2024-2033 CIP Projects $ 10,422,628 $ 137,342,584 $ 147,765,212 14 Proposed FY 2024 -2033 CIP Funding Overview Funding Source Description FY 2024 FY 2025 – FY 2033 FY 2024 – FY 2033 Total General Govt Fund Transfer Unrestricted cash source provided by the General Government Fund to support ongoing projects $ 2,900,000 $ 67,950,000 $ 70,850,000 Other County Unrestricted Cash Cash from other County -Capital Reserves 5,925,138 3,398,395 9,323,533 Other County Unrestricted Cash Cash from other County -Debt Fund, Refunding Credits and Reallocation of Completed or Cancelled Projects 754,940 2,307,439 3,062,379 Roanoke County Restricted Cash Cash sources restricted in their use from the Communications- IT Fund 325,000 375,000 700,000 Non-County Funding Sources Grants, transfer from Roanoke County Public Schools, contributions from the City of Roanoke and City of Salem 517,550 2,311,750 2,829,300 Lease/Revenue Bonds Bonds issued and backed by the full faith and credit of the County for infrastructure investments ---61,000,000 61,000,000 Total $ 10,422,628 $ 137,342,584 $ 147,765,212 Attachment A: County of Roanoke, VA Proposed FY 2024 – FY 2033 Capital Improvement Program Project Descriptions Buildings and Facilities Hollins Library Replacement Libraries and General Services • The Hollins Library Replacement Project is slated to replace the existing Hollins Library, which is the only major branch in the Roanoke County library system that has not been replaced. • Planning and initial design is funded in FY 2025 ($500,000). • Construction is planned for bond funding ($15.6 million) in FY 2026. Mount Pleasant and Bent Mountain Library Renovations & Expansion Libraries and General Services • This proposed Mount Pleasant Library project provides further exterior aesthetic improvements to the library and utilizes the adjacent vacant garage as additional programming and civic meeting space. • The Bent Mountain Project expands the Library at the Bent Mountain Community Center. • Planning and initial design is funding is planned FY 2030 ($160,000). • Construction is planned for funding in FY 2031($2.15 million). Hollins Fire Station Replacement Fire & Rescue • The Fire and Rescue Study is currently underway with the results to be presented to the Board in the summer of 2023. • The Hollins Fire Station Replacement Project is an existing project with the scope and/or location likely to be modified based on the results of the Fire and Rescue Study. • Planning and initial design is funded in FY 2028 ($600,000). • Construction is planned for bond funding ($16 million) in FY 2029. • Further evaluation regarding site selection and design will be completed closer to the project date. Fire Station Improvements/Replacement/Additions • The Fire and Rescue Study is currently underway with the results to be presented to the Board in the summer of 2023. This project has been created to address the upcoming results for replacement of older facilities, improvements to meet current industry standards, and adding new fire stations due to growth in the County and increases in call volume over the last several years. • Bond funding is proposed in various fiscal years of $29.4 million. Jail Roof Replacement Sheriff • The Roanoke County Jail Roof Replacement is planned to replace the existing roof comprised of a single-ply roof cover. Additionally, the concrete decks at each outdoor exercise area need to be repaired and waterproofed. • Replacement is planned for Fiscal Years 2024 through 2025 with $610,000 in funding. Attachment A: County of Roanoke, VA Proposed FY 2024 – FY 2033 Capital Improvement Program Project Descriptions Explore Park Phase II Parks, Recreation & Tourism • This project provides funds for the development of Explore Park infrastructure and implementation of the Explore Park Adventure Plan. It provides the necessary park infrastructure to support park operations for citizens and to market the facility for economic development. • The first phase of the project completed water and sewer connections, design of internal park water and sewer systems, design of the road system, bike skills park, building repairs, land studies, broadband connections, land purchase, and road paving. • Additional funding is planned in FY26 in the amount of $750,000 to expand parking capacity at the park. Green Ridge Dehumidification System Replacement Parks, Recreation & Tourism • The Green Ridge Dehumidification Units Replacement project will replace two dehumidification units that are reaching the end of their useful life. • Replacement is planned for Fiscal Years 2025 through 2027 with $740,000 in funding. Sport Field Lighting Replacement Parks, Recreation & Tourism • The Sports Field Lighting Program project includes $900,000 in funding, beginning in FY 2029 to replace lighting systems to allow for increased athletic field usage. • Sports field lighting allows more daily uses on a field and minimizes the need for additional athletic fields in the park system. • This project will allow the replacement of two of the oldest lighting systems in the County’s park system while also adding an additional light system to Merriman field 4 located at Starkey Park to support lacrosse, soccer and flag football. Commonwealth’s Attorney Renovations Project Commonwealth’s Attorney • The Commonwealth Attorney’s office renovations are requested to accommodate the need for an Assistant Prosecutor and an administrative legal support person. The proposed renovations will occur within the existing Commonwealth Attorney’s office footprint while creating a more efficient office layout. • Replacement is planned for FY 2025 with $431,200 in funding. Courthouse HVAC Replacement General Services • The Courthouse HVAC Replacement project is planned to replace major HVAC components that are original to the building, which have exceeded their useful life. • Funding planned for FY 2024 to replace the boilers ($500,000). • Funding planned for FY 2025 to replace the chillers ($800,000). Attachment A: County of Roanoke, VA Proposed FY 2024 – FY 2033 Capital Improvement Program Project Descriptions • Funding in the amount of $5.1 million in FY 2027 is proposed to replace the rest of the HVAC System. Public Safety Center HVAC and UPS Replacements General Services • The Public Safety Center HVAC rooftop unit replacements are planned for an in-kind replacement of the existing units. • The Uninterrupted Power Supply (UPS) system is at the end of its useful life and needs to be replaced with an in-kind system. • The project is proposed to receive $2.05 million in funding in FY 2024. RCAC HVAC Replacement General Services • The Roanoke County Administration Center HVAC Replacement replaces major HVAC components, improves systems for large meeting spaces with variable occupancy loads, and improves control over occupied spaces' temperatures. • Many of the HVAC components are original to the approximately 61,170 square foot facility, constructed in 1981. • The project is proposed to receive $5.2 million in funding in FY 2028. Brambleton Center HVAC Replacement General Services • The Brambleton Center HVAC Replacement replaces HVAC system components that were installed during the 1980’s renovation and have exceeded their useful life expectancy. • Replacement is planned for FY 2026 with $525,000 in funding. Capital Maintenance Programs and Recurring Items NDPES – MS4 BMP Construction Development Services • This program funds capital projects to improve water quality in streams to meet state requirements. • The department has applied and has been awarded a grant from the state Stormwater Local Assistance Fund (SLAF) for the restoration of Wolf Creek, Phase II. Which is currently under design. • Funding in the amount of $100,000 in FY 2024 is combined with existing funds to meet the County’s 50% share of grants funds. Storm Drainage Maintenance of Effort Development Services • The Storm Drainage Maintenance of Effort Program project addresses public drainage problems through repairs and system upgrades to County-owned storm drainage systems that cannot be addressed through the operating budget. • Total program funding is proposed at $2.79 million over the ten-year plan. Attachment A: County of Roanoke, VA Proposed FY 2024 – FY 2033 Capital Improvement Program Project Descriptions Green Ridge Capital Maintenance Program Parks, Recreation & Tourism • The Green Ridge Capital Maintenance Program (CMP), established in FY 2022, funds ongoing maintenance and repair of various systems within the recreation facility. • Total program funding is proposed at $2.3 million over the ten-year plan, with $75,000 proposed in FY 2024. PRT Capital Maintenance Program Parks, Recreation & Tourism • Annual funding to the Parks and Recreation CMP funds repairs and maintenance maximizing the life of County parks, playgrounds, sports fields, courts, restrooms, and other recreational buildings. • Total program funding is proposed at $9.1 million over the ten-year plan, with $725,000 proposed in FY 2024. Roanoke County Broadband Authority - Debt Economic Development • The Roanoke Valley Broadband Authority (RVBA) has approximately 110 miles of network fiber that traverses the region. Approximately 35 of those miles cross through Roanoke County and serve our local organizations in healthcare, government, and non-profit sectors. • Funding is proposed at $387,149 in FY 2024 and $1,152,311 in FY 2025 – FY 2027 for remaining debt service payments. Wood Haven Property - Debt Economic Development • This project will create a 100+ acre business park, which will be owned and developed by the Western Virginia Regional Industrial Facility Authority (WVRIFA). • The project aims to increase the amount of marketable property in the Roanoke Valley available for business development. The specific goal was to create new large parcels in the 50-100 acres size range, due to consistent prospect interest in larger sites. • Funding is proposed for $370,479 in FY 2024 and $3,333,786 in FY 2025 – FY 2033 for debt service payments. Debt service payments are anticipated through FY 2037. General Services Capital Maintenance Program General Services • The program, administered by General Services, incorporates strategic evaluation and planning to maintain County infrastructure to provide for both the short- and long-term operational needs. • Dedicating funding each year to the General Services CMP will fund repairs and maintenance maximizing the life of County facilities, lots, electrical systems, and plumbing systems. • Total program funding is proposed at $17.47 million over the ten-year plan, with $880,000 in FY 2024. Attachment A: County of Roanoke, VA Proposed FY 2024 – FY 2033 Capital Improvement Program Project Descriptions Sheriff Capital Maintenance Program Sheriff’s Office • Dedicating resources each year to the Sheriff CMP funds repairs and maintenance maximizing the life of the County Jail and Courthouse. • Funding is planned at $125,000 in FY 2024 with similar amounts through FY 2027 and increasing thereafter based on facility needs and availability of funding sources. Second Set of Turnout Gear Fire and Rescue • This project is proposed to purchase a second set of turnout gear for firefighters in order to provide a clean set to use while the first set is being decontaminated from the prior response to a fire. • Total project cost is $630,000 with proposed funding in FY 2025 ($315,000) and FY 2026 ($315,000). Transportation VDOT Revenue Sharing Program Planning • The Revenue Sharing Program provides additional funding for use by Roanoke County to construct, reconstruct, improve or maintain the VDOT secondary or primary highway system. • Locality funds are matched with 50 percent state funds. • It is anticipated that Revenue Sharing Program funding in FY 2024 – FY 2026 will be utilized to satisfy a new funding deficit on the Dry Hollow Road Safety Improvements project. • Total program funding is proposed at $5.05 million over the ten-year plan, with $250,000 in FY 2024. East Roanoke River Greenway Parks, Recreation & Tourism • The East Roanoke River Greenway project proposes to construct an approximate 6 miles of greenways within Roanoke County’s Parks system between Roanoke City, the Blue Ridge Parkway, and Explore Park. • Funding in the amount of $250,000 has been planned for FY 2024 as a local grant match for the Federal Lands Access Program. Assessments and Studies New Zoning Ordinance Planning Attachment A: County of Roanoke, VA Proposed FY 2024 – FY 2033 Capital Improvement Program Project Descriptions • Roanoke County’s current Zoning Ordinance was adopted in 1992, which included a comprehensive rezoning of the County. Over the last 29 years, the Zoning Ordinance has been amended on numerous occasions. A major overhaul of the ordinance is needed. • The project proposes hiring a consultant to assist staff with developing new zoning ordinance. • Total project costs are $250,000 from FY 2024 – FY 2025 with $150,000 proposed in FY 2024. Housing Study Planning • The Roanoke County Housing Plan will build upon the 2021 RKG Associates, Inc. Housing Study and will include a residential market study for the County to identify issues and needed housing alternatives now and in the future as well as recommendations to encourage development of these needed housing alternatives. • The project is proposed to receive $200,000 in funding in FY 2024. East Roanoke River Greenway Feasibility Study Planning • The East Roanoke River Greenway Feasibility Study will consider alternative greenway alignments proposed by the community at a June 2022 community meeting, as well as alignments included in the 2003 East Roanoke River Greenway Master Plan. • The segment of the Roanoke River Greenway proposed for the Feasibility Study is located between the City of Roanoke and the Virginia Recreational Facilities Authority (VRFA) property at 0 Eastland Road. • The project is proposed to receive $200,000 in funding in FY 2024. Williamson/Peters Creek Road Multimodal Safety Study Planning • This project proposes to conduct a Multimodal Safety Study for portions of Williamson Road and Peters Creek Road to develop at least one project to submit for grant funding. • Continuing congestion, high profile crashes and significant development planned for this area support the need for a multimodal safety study along portions of these roadways in the Hollins area. • The project is proposed to receive $200,000 in funding in FY 2024. Computer Infrastructure, Software and Hardware Genesis Operations Bridge Communications & Information Technology – E-911 • This project will remove the email post office overload that has occurred at least 10 times over the last several years causing catastrophic email failure in Roanoke County, which has prevented the system from delivering alarm messages via email and SMS, text messages to key service & management personnel. Attachment A: County of Roanoke, VA Proposed FY 2024 – FY 2033 Capital Improvement Program Project Descriptions • This equipment provides visualizations that quickly convey key information on the Public Safety radio network to service personnel responsible for repair and maintenance of the public safety network. • The project is proposed to receive $220,000 in funding in FY 2024. Radio Systems RF Sites Generator Replacement Communications & Information Technology – E-911 • This project will replace back-up generators at our RF Transmitter sites. Fort Lewis Mountain, Poor Mountain and Crowell’s Gap. • These generators are needed to maintain a reliable power source to the mountain top tower sites to ensure uninterrupted service. • The project is proposed to receive $120,000 in funding in FY 2024. Wave Critical Connect Upgrade Communications & Information Technology – E-911 • The Wave Critical Connect will replace the Wave 5000 platform. The expected end of life for the current system is 2023. • The Wave enables ASTRO 25-Radio System to-broadband PTT communications, leveraging the latest broadband LTE and Wi-Fi nationwide coverage to support public safety communications. • Funding in the amount of $200,000 in FY 2025 is proposed to upgrade the current Wave system. County-Wide Computer Replacement Program Communications & Information Technology • The Computer Replacement Program operates on a five-year replacement cycle that keeps County workstations with the most up-to-date operating systems and internal hardware. • Total program funding is proposed at $2.69 million over the ten-year plan, with $260,000 in FY 2024. County-Wide Phone Replacement Program Communications & Information Technology • This project upgrades the phone system to prevent hacks and security breaches into the network. • As the County’s phone system needs to be upgraded to remain in support, phone sets will need to be replaced in order to function with the new version. • Funding in the amount of $300,000 is proposed in FY 2029 for additional phone upgrades and replacement as needed. Email & Productivity Tools Replacement Communications & Information Technology • The County’s long-term email solution and current business productivity solution (desktop-based Microsoft Office) need to be replaced. • Current email systems are now rare and support training is not available; technical support is limited and difficult to obtain. Attachment A: County of Roanoke, VA Proposed FY 2024 – FY 2033 Capital Improvement Program Project Descriptions • Email options at the scale Roanoke County requires are limited, and are usually components of larger, cloud-based solutions including email and business productivity solutions. • Additional funding is proposed for FY 2024 ($150,000), FY 2025 ($200,000) and FY 2026 ($175,000) for consulting and implementation of an email and business productivity tool replacement. Enterprise GIS Maps and Apps Upgrade Communications & Information Technology • The Enterprise GIS Maps and Apps Upgrade project will upgrade the GIS Maps & Apps suite of solutions used by the citizens and employees of the County of Roanoke. • The current suite of applications is built on legacy technology and will not be supported into the future, requiring the applications to be updated. • Funding is proposed for FY 2024 ($400,000) and FY 2025 ($300,000). Network & IT Infrastructure Replacement Program Communications & Information Technology • The IT Infrastructure Replacement Capital Maintenance Program (CMP) supports maintenance and repairs to Roanoke County’s network infrastructure, which are vital to supporting business operations. • FY 2024 and FY 2031 include increased funding amounts for Enterprise Storage and Data Backups which are planned for every seven years. • Total program funding is proposed at $8.05 million over the ten-year plan, with $1.2 million in FY 2024. 911 Phone and Radio Console Upgrade Communications & Information Technology – E-911 • This project will expand the current Phone and Radio Consoles used by our Emergency Communications Center “E911”. • The expansion will allow the communication of all 911 phone and radio traffic into the Astro 25 & Mobile Data networks. • The project is proposed to receive $125,000 in funding in FY 2025. OTEK Console Encryption Keying Upgrade Communications & Information Technology – E-911 • This project will upgrade our Emergency Communications “E911” Center radio consoles, allowing Ethernet keying, automatically update encryption keys in the radio consoles allowing operability with Roanoke City. • Adding OTEK will automatically to allow Salem and City of Roanoke Physical positions at our location as a backup as in our MOU with Salem & Roanoke City allows Roanoke County fully functionality additional operation positions without impairment to our needs based on full staffing during an emergency. • The project is proposed to receive $100,000 in funding in FY 2025. Attachment A: County of Roanoke, VA Proposed FY 2024 – FY 2033 Capital Improvement Program Project Descriptions Roanoke Valley Radio System Hardware Upgrade Communications & Information Technology • This project is proposed to update voice and data infrastructure referred to as the Roanoke Valley Radio System used by Roanoke County and the City of Roanoke. • The upgrade would enable the Roanoke Valley Radio System to operate the replaced equipment for an additional 15-20 years. • Upgrading the 4 towers to accommodate and meet the latest version and assurance that the towers comply with the latest standard. • $2.5 million is proposed in FY 2025, with costs shared 50/50 with the City of Roanoke. Voting Machine Replacement Elections/Registrar • The Voting Machine Replacement project, planned in FY 2024, will replace Roanoke County’s existing voting equipment initially acquired in 2015. These machines will reach the end of their useful life within 10 years of use. • The project is proposed to receive $425,000 in funding in FY 2024. Public Computer Replacement Plan Libraries • This plan established a five-year public computer replacement cycle, allowing the Library to maintain the technological requirements needed to run current and future software, and security programs. • Total program funding is proposed at $790,000 over the ten-year plan, with $50,000 in FY 2024. Global Payroll Module Finance & Management Services • The Global Payroll project, replaces the current payroll system. • Infor/Lawson CloudSuite Payroll will provide required platform changes and needed functionality. • The project is proposed to receive $1.0 million in funding in FY 2024. • Project costs are shared 50% with Roanoke County Public Schools. Page 1 of 2 ACTION NO. ITEM NO. K.2 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2023 AGENDA ITEM: Work session to review with the Board of Supervisors fiscal year 2023-2024 employee compensation and benefits and outside agency funding SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Review fiscal year 2023-2024 employee compensation and benefits and outside agency funding BACKGROUND: As part of the adopted fiscal year 2021 -2022 operating budget, Roanoke County formally implemented a public safety step plan and decision band method compensation plan for non-public safety employees. The upcoming fiscal year, 2024, represents the third (3rd) of three (3) years to fully implement the compensation plans. Roanoke County staff also annually evaluates funding required for employee benefits with the development of each operating budget. Information on compensation and benefits considered for fiscal year 2023-2024 will be discussed. Each annual budget development cycle the County of Roanoke considers funding requests from local nonprofit organizations who offer services to the citizens of the Roanoke Valley. Changes in funding requests from organizations who have applied for funding within the fiscal year 2023-2024 operating budget will be shared. Page 2 of 2 DISCUSSION: The work session provides the Board of Supervisors information on compensation/benefit updates and outside agency funding for the upcoming fiscal year in advance of the County Administrator's proposal of the fiscal year 2023 -2024 operating budget. The attached PowerPoint presentation will be shown. FISCAL IMPACT: There is no fiscal impact associated with receipt of the attached presentation. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors receive information regarding County of Roanoke fiscal year 2023-2024 employee compensation and benefits and outside agency funding. Employee Compensation, Benefits, and Outside Agency Funding Budget Work Session FY 2024 February 28, 2023 Agenda •Proposed New Positions •Compensation •Insurance Benefits •Outside Agencies 2 Proposed New Positions 3 Proposed New Positions •Add Planner I to Planning Department •Respond quickly to Board inquiries •Assist with implementing the County’s enforcement program •Improve efficiency in resolving complaints and violations •Two planners currently conduct over 6,000 inspections •Add Behavioral Health Case Manager to Sheriff’s Office •Position added by the Compensation Board to provide Behavioral Health Case Management for Sheriff’s Office •Position costs offset by $52,500 in Compensation Board Funding 4 Proposed New Positions (Continued) •Add 2 Family Services Specialists and 4 Benefit Program Specialists to Department of Social Services •Approved by the Board of Supervisors at the meeting on December 13, 2022 •Position costs are offset by $312,095 in Compensation Board Funding 5 Staffing for Bonsack Fire Station •New station requires staffing level of 18 firefighters •Chief Griffith recommends hiring 9 in January 2024 and 9 in July 2024 •SAFER grant application underway for 9 firefighters therefore no new FTE’s being proposed in FY 2024 •In the FY 2025 budget we will plan to include the remaining 9 firefighters 6 Proposed New Positions (Continued) 7 Department/Position Position Count Position Cost Rev/Exp. Offset General Fund Impact Planning –Planner I 1.0 72,941 -72,941 Sheriff –Behavioral Health Care Manager 1.0 71,500 (52,500)19,000 Social Services –Family Services Specialists 2.0 130,554 (110,971)19,583 Social Services –Benefit Program Specialists 4.0 236,616 (201,124)35,492 Subtotal –Proposed Positions 8.0 511,611 (364,595)147,016 Compensation 8 Background •Turnover and recruitment remains an issue, especially with the Police Department, Social Services, and Emergency Communications •The County continues to have more vacancies than normal •FY 2024 will be the final year of a three year phase in of Public Safety Step Plans 9 History of Pay Adjustments 10 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Pay Adjustment 1.50%2.00%2.75%0.00%3.00%6.00% Inflation*2.25%2.08%1.57%2.30%7.17%6.41% $ Difference $0 ($36)$568 ($625)($2,856)($3,261) Note: *Inflation rates shown reflect the average inflation for each fiscal year per the US Bureau of Labor Statistics Consumer Price Index (CPI) for all Urban Consumers $50,000 $51,000 $52,403 $52,403 $53,975 $57,213 $50,000 $51,036 $51,835 $53,028 $56,831 $60,474 $50,000 $52,000 $54,000 $56,000 $58,000 $60,000 $62,000 $64,000 $66,000 Example Salary Adjustments Compared to Inflation $50,000 Salaried Employee in FY 2018 County Pay Adjustment Inflation* History of Pay Adjustments 11 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Pay Adjustment 1.50%2.00%2.75%0.00%3.00%6.00%7.00% Inflation*2.25%2.08%1.57%2.30%7.17%6.41%6.41% $ Difference $0 ($36)$568 ($625)($2,856)($3,261)($3,132) Note: *Inflation rates shown reflect the average inflation for each fiscal year per the US Bureau of Labor Statistics Consumer Price Index (CPI) for all Urban Consumers $50,000 $51,000 $52,403 $52,403 $53,975 $57,213 $61,218 $50,000 $51,036 $51,835 $53,028 $56,831 $60,474 $64,350 $48,000 $50,000 $52,000 $54,000 $56,000 $58,000 $60,000 $62,000 $64,000 $66,000 Example Salary Adjustments Compared to Inflation $50,000 Salaried Employee in FY 2018 County Pay Adjustment Inflation* Proposed Compensation Adjustments 12 •Commonwealth proposed 7% Cost of Living Adjustment (COLA) for State and Compensation Board funded employees •7% Cost of Living Adjustment for all employees including Public Safety •Adjust Step Plans and Classification Plan Public Safety Starting Salaries 13 Police Sheriff Fire Emergency Communications Current County of Roanoke Starting Salary $46,100 $44,100 $45,100 $40,000 Proposed Starting Salary $49,327 $47,187 $48,257 $42,800 $ Difference $3,227 $3,087 $3,157 $2,800 Salary and Benefits at 7% 7% COLA With Benefits Public Safety Year 3 With Benefits Total Police $825,168 $838,993 $1,664,161 Fire and Rescue 1,073,005 1,875,677 2,948,682 Sheriff 494,639 573,439 1,068,078 Emergency Communications 232,803 ---232,803 All other County Employees 2,620,240 ---2,620,240 Total $5,245,855 $3,288,109 $8,533,964 14 History of Pay Adjustments 15 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Pay Adjustment 1.50%2.00%2.75%0.00%3.00%6.00%7.00% Inflation*2.25%2.08%1.57%2.30%7.17%6.41%6.41% $ Difference $0 ($36)$568 ($625)($2,856)($3,261)($3,132) Note: *Inflation rates shown reflect the average inflation for each fiscal year per the US Bureau of Labor Statistics Consumer Price Index (CPI) for all Urban Consumers $50,000 $51,000 $52,403 $52,403 $53,975 $57,213 $61,218 $50,000 $51,036 $51,835 $53,028 $56,831 $60,474 $64,350 $48,000 $50,000 $52,000 $54,000 $56,000 $58,000 $60,000 $62,000 $64,000 $66,000 Example Salary Adjustments Compared to Inflation $50,000 Salaried Employee in FY 2018 County Pay Adjustment Inflation* Insurance Benefits 16 Health, Pharmacy and Wellness Overview •Currently in procurement for our employee medical and pharmacy plans •Contracts and implementation will be finalized for July 1, 2023 •Currently evaluating our approach and incentives for the wellness program •Developing a Request for Proposal for the wellness program and administration 17 Health Insurance Employee/Employer Proposed Monthly Rates 18 Current Employees with Wellness *With Wellness FY 2023 Monthly Rates FY 2024 Monthly Rates Employee Share Difference Total County Employee Total County Employee FY 24 -FY 23 Employee Only $ 645.34 $ 551.36 $ 93.98 $ 729.23 $ 635.25 $ 93.98 --- Employee + Child $ 934.01 $ 684.65 $ 249.36 $ 1.055.42 $ 806.06 $ 249.36 --- Employee + Spouse $ 1,290.69 $ 852.11 $ 438.58 $ 1,458.48 $ 1,019.90 $ 438.58 --- Employee + Family $ 1,620.95 $ 1,070.15 $ 550.80 $ 1,831.66 $ 1,280.86 $ 550.80 --- *Employee eligible for HRA if enrolled in Wellness; spouse HRA contingent on enrolling in Wellness Current Employees without Wellness *Without Wellness FY 2023 Monthly Rates FY 2024 Monthly Rates Employee Share Difference Total County Employee Total County Employee FY 24 -FY 23 Employee Only $ 783.14 $ 574.06 $ 209.08 $ 884.94 $ 675.86 $ 209.08 --- Employee + Child $ 1,102.63 $ 647.67 $ 454.96 $ 1,245.96 $ 791.00 $ 454.96 --- Employee + Spouse $ 1,566.32 $ 805.98 $ 760.34 $ 1,769.93 $ 1,009.59 $ 760.34 --- Employee + Family $ 1,995.66 $ 1,026.90 $ 968.76 $ 2,255.08 $ 1,286.32 $ 968.76 --- *Ineligible for HRA if employee not enrolled in Wellness •No recommended increase to employees •No recommended plan changes at this time Dental InsuranceEmployee/Employer Proposed Monthly Rates 19 Proposed FY 2024 Dental Insurance Rates Dental Plan Total Premium FY 2024 County Portion FY 2024 Employee Rate FY 2024 Employee % of Premium FY 2023 Employee Rate $ Change FY 2023 to FY 2024 Subscriber $34.02 $25.38 $8.64 25.4%$8.64 --- Subscriber + 1 $55.32 $32.38 $22.94 41.5%$22.94 --- Family $95.70 $48.06 $47.64 49.8%$47.64 --- •No recommended increase to employees •No recommended plan changes at this time Outside Agency Funding Discussion and Process 20 FY 2024 Proposed Outside Agency Funding •Roanoke County Outside Agency Funding Process •Email agencies, mail letters, and update Contribution page on Budget Division site in November •Application period opens on first Monday in December •Applications require alignment to Roanoke County Strategic Plan •Request various information on programs provided and populations served •Applications and audits/financial statements due on first Friday in January •Budget Division staff review applications and financials •Seek Board of Supervisor consensus in late February •Consensus included in County Administrator’s Proposed Budget 21 Page 1 of 3 ACTION NO. ITEM NO. L.1 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2023 AGENDA ITEM: The petition of Cellco Partnership d/b/a Verizon Wireless to 1) amend a proffered condition and 2) approve a special use permit for a broadcasting tower approximately 124 feet in height, on approximately 4.81 acres of land zoned C-2C (high intensity commercial district with conditions), located at 2918 Peters Creek Road, Catawba Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Agenda item for public hearing and second reading of ordinance to amend a proffer condition and for a special use permit for a broadcasting tower in a commercial district. BACKGROUND: · The existing site is currently operating as a mini-warehouse facility owned by Public Storage. In May 1980, the Board of Supervisors approved a rezoning from R-1, Residential District, to B-2, Business District with conditions. In 1992, the B-2, Business District, became C-2, High Intensity Commercial District, with the new Zoning Ordinance. The proffered conditions limited the use on the property (mini-warehouse only), compliance with the site plan, screening, fencing and an on-premise resident manager. The applicant is seeking to amend only one of the proffered conditions. · The Roanoke County Zoning Ordinance defines a broadcasting tower as “any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas. The term includes, but need not be limited to, radio and television transmission towers, microwave towers, common -carrier towers and cellular telephone and wireless communication towers.” A broadcasting Page 2 of 3 tower is a use only permitted in the C-2, High Intensity Commercial District, with an approved special use permit. DISCUSSION: The Planning Commission held a public hearing on this application on February 7, 2023. No citizens spoke during the public hearing. The Planning Commission and the applicant discussed the following: who would own and operate the tower (Verizon); co - location possibilities on the tower (yes); could Verizon co -locate on other towers (none that meets their coverage objective, and most are full); and the purpose of the tower (increase service in the area). The Planning Commission recommends amending a proffered condition as indicated below: 1. Site plans will be complied with as prepared by Byron R. Dickson and Tectonic Engineering Consultants P.C for five buildings only and a broadcasting tower as shown on plans and use will be limited to mini- warehouses and broadcasting towers. 2. Screening will be as shown on plan plus additional screening from B-2 properties to the south. 3. Property will be fenced. 4. Residential Manager will live in apartment on the premises. The Planning Commission also recommends approval of the special use permit with two conditions: 1. The broadcasting tower shall be developed in substantial conformance with the concept plans for VZW - Westminster - Rawland prepared by Tectonic Engineering Consultants P.C., dated July 14, 2022, subject to any changes required during the comprehensive site plan review process. 2. The broadcasting tower shall not exceed 124 feet in height. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the second reading of an ordinance to amend a proffer condition and for a special use permit for a broadcasting Page 3 of 3 tower approximately 124 feet in height on approximately 4.81 acres of land zoned C -2C, High Intensity Commercial District with conditions as recommended by the Planning Commission. STAFF REPORT Petitioner: Cellco Partnership DBA Verizon Wireless Request: Amend a proffer condition and obtain a special use permit for a broadcasting tower approximately 124 feet in height on approximately 4.81 acres of land zoned C-2C, Location: Tax Parcel: 2918 Peters Creek Road #037.13-04-02.01-0000 Conditions: (Amendment shown as underlined text) Suggested SUP Conditions: buildings only as shown on plan and use will be limited to mini-warehouses and broadcasting towers. 2. Screening will be as shown on plan plus additional screening from B-2 properties to the south. 3. Property will be fenced. 4. Residential Manager will live in apartment on the premises 1. The broadcasting tower shall be developed in substantial conformance with the concept plans for VZW – Westminster – Rawland prepared by Tectonic Engineering Consultants P.C., dated July 14, 2022, subject to any changes required during the comprehensive site plan review process. 2. The broadcasting tower shall not exceed 124 feet in height. Cellco Partnership DBA Verizon Wireless is petitioning to amend a proffer condition and to obtain a special use permit for a broadcasting tower approximately 124 feet in height on approximately 4.81 acres of land zoned C-2C, High Intensity Commercial District with conditions located at 2918 Peters Creek Road in the Catawba Magisterial District. The site is currently fully developed with five buildings containing mini-warehouses. The broadcasting tower would be located to the west of the existing mini-warehouse facilities and would be enclosed within a fenced in area. The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designations of this area as Transition. Transition is a future land use area that encourages the orderly development of highway frontage parcels. Transition areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development. Intense retail and highway oriented commercial uses are discouraged in transition areas, which are more suitable for office, institutional and small-scale, coordinated retail uses. The proposed broadcasting tower is a miscellaneous use type which is consistent with the Transition Future Land Use Designation. 1. APPLICABLE REGULATIONS The Roanoke County Zoning Ordinance defines a broadcasting tower as “any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas. The term includes but need not be limited to radio and television transmission towers, microwave towers, common-carrier towers, and cellular telephone and wireless communication towers. Broadcasting tower types include, but are not limited to monopoles, lattice towers, wooden poles, and guyed towers. Excluded from this definition are amateur radio towers, which are described separately.” A broadcasting tower is a use only permitted in the C-2, High Intensity Commercial District, with an approved special use permit. The use is also subject to use and design standards as listed in Sec. 30-87-2 of Roanoke County Code which is attached with this report. If the special use permit is approved, construction of the broadcasting tower would require comprehensive building and site plan reviews. 2. ANALYSIS OF EXISTING CONDITIONS Background – The existing site is currently operating as a mini-warehouse. Owned by Public Storage, the property was rezoned from R-1, Residential District, to B-2, Business District, in May of 1980. B-2, Business District with conditions is the equivalent zoning to C-2, High Intensity Commercial District with conditions in today’s ordinance. This rezoning was approved with conditions which address uses, site plan compliance, screening and fencing, and an on-premise resident manager. warehouses. There is a thirty-five foot elevation gain from the entrance at Peters Creek Road to the mini- warehouse buildings. This elevation gain is fairly steep; however, the portion of the property which contains the mini-warehouses is almost entirely flat. At the eastern property line, there is an elevation gain of approximately forty feet which separates the subject property and the adjoining R-2, Medium Density Residential zoned properties containing single family residences. The elevation gain at the northern property line is approximately ten feet from the subject property to the adjoining single family residences. The north, northeastern, and northwestern property lines contain established evergreen and deciduous trees. The mini-warehouses are also contained within a chain-link fence. Peters Creek Road and Cove Road intersection. To the north and northeast, the property adjoins single family residences which are zoned R-2, Medium Density Residential. These properties are part of the North Lakes subdivision. The subject parcel also adjoins properties which are zoned C-2, High Intensity Commercial, to the west, south, and southeast. The five (5) acre lot which adjoins the subject parcel to the west serves as a regional storm water management basin for North Lakes and is owned by the City of Roanoke. The parcels to the south across Peters Creek Road are located within Roanoke City and contain Brammer Village Office Park and the recently developed CarMax. Community Outreach – Approximately 152 letters went out to adjoining property owners and tenants within both the County and City of Roanoke which contained the request, information about the subject parcel, the proposed concept plan, instructions for how to submit comments and contact information for staff. This letter also contained the date and time for the balloon test and included a backup date in case of inclement weather. Due to weather conditions, these original dates were cancelled and two new dates (a primary and an alternate) were selected. Additional mailers were sent out to notify adjoining property owners of the change. 3.ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture – The concept plan shows the proposed broadcasting tower will be 120 feet tall with would be enclosed within a fenced in area. The fencing shown is six-foot tall chain-link with galvanized barbed wire to act as an anti-climbing device. The tower location shown is over 300 feet away from all of the adjoining residential properties. There are no changes proposed to the existing mini-warehouses. The portion of Peters Creek Road which serves this parcel is maintained by the City of Roanoke. There is currently one entrance and no changes are proposed to the entrance. Following the entrance into the parcel, the paved portion continues to the right to serve the mini-warehouses. There is also a fifty foot wide gravel private road access easement that branches straight off of the paved entrance which serves the Agencies Comments: The following agencies provided comments on this application: Office of Building Safety – All construction on site will need to meet the requirements of the Virginia Uniform Statewide Building Code in effect at time of construction Roanoke County Transportation - No comments. Stormwater Operations - No comments. Fire and Rescue – Fire and Rescue does not object to the project and it will not increase services. General Services – General Services does not see any issues and has no comments. VDOT – The City of Roanoke maintains this section of Peters Creek Road and will review any subsequent site plans for this project. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designations of this area as Transition. Transition is a future land use area that encourages the orderly development of highway frontage parcels. Transition areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development. Intense retail and highway oriented commercial uses are discouraged in transition areas, which are more suitable for office, institutional and small-scale, coordinated retail uses. The proposed broadcasting tower is a miscellaneous use type which is consistent with the Transition Future Land Use Designation. 5. STAFF CONCLUSIONS Cellco Partnership DBA Verizon Wireless is petitioning to amend a proffer condition and to obtain a special use permit for a broadcasting tower approximately 124 feet in height on approximately 4.81 acres of land zoned C-2C, High Intensity Commercial District with conditions located at 2918 Peters Creek Road in the Catawba Magisterial District. The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designations of this area as Transition. The proposed broadcasting tower is a miscellaneous use type which is consistent with the Transition Future Land Use Designation. Staff suggests two conditions for the special use permit dealing with concept plan conformance and limiting height of the broadcasting tower. CASE NUMBER: #2-2/2023 PREPARED BY: Alyssa Dunbar HEARING DATES: PC: February 7, 2023 BOS: February 28, 2023 ATTACHMENTS: Application Materials Maps (Aerial, Zoning, Future Land Use) Photographs C-2 District Regulations Section 30-87-2 Broadcasting Tower Ordinance #00-05-1980 Transition Future Land Use Designation Roanoke County, Va 2022, Roanoke County, Source: Es ri, Maxar, Earths tarGeograp hics , and the GIS Us er Community Roanoke County, Virginia2019 0 Aerial Map Cellco Partnership DBA Verizon Wireless 2918 Peters Creek Road Lot Size: 4.81 Acres Magisterial District: Catawba Current Zoning: C2C Proposed Zoning: C2CS Rezoning to amend existing conditions SUP: Broadcasting Tower Subject Site Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 C2CC2C C2SC2S C2C2 R3SR3S R2R2 R2SR2S R1R1 R3CR3C Roanoke County, Virginia 2019 Roanoke County, Virginia2019 0 Zoning Roanoke Co. Planning (540)772-2068 5204 Bernard Dr. Roanoke VA 24018 Subject Site 2918 Peters Creek Road Lot Size: 4.81 Acres Magisterial District: Catawba Current Zoning: C2C Proposed Zoning: C2CS Rezoning to amend existing conditions SUP: Broadcasting Tower Zoning Map Cellco Partnership DBA Verizon Wireless TRTR NCNC Roanoke Cou nty, Virg inia 2019 Roanoke Cou nty, Virg inia2019 0 Future Land Use Aerial Map Cellco Partnership DBA Verizon Wireless 2918 Peters Creek Road Lot Size: 4.81 Acres Magisterial District: Catawba Current Zoning: C2C Proposed Zoning: C2CS Rezoning to amend existing conditions SUP: Broadcasting Tower Subject Site Roanoke Co. Planning (540)772-2068 5204 Bernard Dr. Roanoke VA 24018 Created: 2022-09-29 13:43:14 [EST] (Supp. No. 36) Page 1 of 5 SEC. 30-54. C-2 HIGH INTENSITY COMMERCIAL DISTRICT. (Ord. No. 111213-15 , § 1, 11-12-13) Sec. 30-54-1. Purpose. (A) The purpose of this district is to provide locations for a variety of commercial and service related activities within the urban service area serving a community of several neighborhoods or large areas of the county. This district is intended for general application throughout the county. High intensity commercial districts are most appropriately found along major arterial thoroughfares which serve large segments of the county's population. The C-2 district permits a wide variety of retail and service related uses. Land uses permitted in this district are generally consistent with the recommendations set forth in the transition and core land use categories of the comprehensive plan. Site development regulations are designed to ensure compatibility with adjoining land uses. (Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 111213-15 , § 1, 11-12-13) Sec. 30-54-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Multi-Family Dwelling * Two-Family Dwelling * 2. Civic Uses Administrative Services Clubs Cultural Services Day Care Center * Educational Facilities, College/University Educational Facilities, Primary/Secondary * Family Day Care Home * Guidance Services Park and Ride Facility * Post Office Public Assembly Created: 2022-09-29 13:43:14 [EST] (Supp. No. 36) Page 2 of 5 Public Parks and Recreational Areas * Safety Services * Utility Services, Minor 3. Office Uses Financial Institutions * General Office Medical Office Laboratories 4. Commercial Uses Agricultural Services * Antique Shops Automobile Dealership * Automobile Repair Services, Minor * Automobile Rental/Leasing Automobile Parts/Supply, Retail * Bed and Breakfast * Boarding House Business Support Services Business or Trade Schools * Commercial Indoor Amusement Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communications Services Construction Sales and Services * Consumer Repair Services Convenience Store * Fuel Center* Funeral Services Garden Center * Gasoline Station * Hospital Hotel/Motel/Motor Lodge Created: 2022-09-29 13:43:14 [EST] (Supp. No. 36) Page 3 of 5 Kennel, Commercial * Pawn Shop Personal Improvement Services Personal Services Restaurant, Drive-in or Fast Food * Restaurant, General Retail Sales Short-term Renal * Studio, Fine Arts Veterinary Hospital/Clinic 5. Industrial Uses Recycling Centers and Stations * 6. Miscellaneous Uses Amateur Radio Tower * Parking Facility * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Civic Uses Adult Care Residences Halfway House Life Care Facility Nursing Home Religious Assembly * Utility Services, Major * 2. Commercial Uses Adult Business * Automobile Repair Services, Major * Car Wash * Dance Hall Equipment Sales and Rental * Manufactured Home Sales * Mini-warehouse * Outpatient Mental Health and Substance Abuse Center Recreational Vehicle Sales and Service * Created: 2022-09-29 13:43:14 [EST] (Supp. No. 36) Page 4 of 5 Surplus Sales Truck Stop * 3. Industrial Uses Custom Manufacturing * Industry, Type I Landfill, Rubble * Transportation Terminal 4. Miscellaneous Uses Broadcasting Tower * Outdoor Gatherings * (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 022796-14, § 1, 2-27-96; 042297-14, § 1, 4-22-97; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 102803-15, § 2, 10-28-03; Ord. No. 102505-7, § 2, 10-25-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052411-9 , § 1, 5-24-11; Ord. No. 111213-15 , § 1, 11-12-13; Ord. No. 062816-4 , § 1, 6-28-16; Ord. No. 020921-8 , § 1, 2-9-21) Sec. 30-54-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line. b. Accessory structures: Behind the front building line. 2. Side yard: None. 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures. Created: 2022-09-29 13:43:14 [EST] (Supp. No. 36) Page 5 of 5 1. Height limitations: a. Principal structures: When adjoining property zoned R-1 or R-2, 45 feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R-1 or R-2 district is increased two feet for each foot in height over 45 feet. In all locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: actual height of principal structure. (D) Maximum coverage. 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93) Created: 2022-09-29 13:43:17 [EST] (Supp. No. 36) Page 1 of 5 Sec. 30-87-2. Broadcasting Tower. (A) Intent: The intent of these provisions is to regulate the placement of new and replacement broadcasting towers within Roanoke County. These provisions provide broadcasting tower applicants, property owners, and all other Roanoke County citizens clear guidance on the official policies and standards of the County. These policies and standards shall be used by applicants as a guide when selecting alternative broadcasting tower sites and broadcasting tower designs within the county. In addition, the county staff, planning commission and board of supervisors shall use these policies and standards, the Roanoke County community plan and the general special use permit criteria found in section 30-19 as a guide for evaluating any future requests for broadcasting towers. In the interest of preserving and enhancing the scenic and natural beauty of Roanoke County it is the goal of the county to achieve a long term reduction in the number of broadcasting towers within the county, and where possible, to achieve a reduction in the height of existing broadcasting towers throughout the county, with special emphasis on towers located along or near the ridgetops of major mountains and land forms. In addition, it is the goal of the county, where possible, to achieve the relocation of existing broadcasting towers and associated utility and access corridors which have a high visual impact on scenic resources. To this end, the county will work cooperatively with broadcasting tower owners and applicants and land owners to achieve these goals. It is the official policy of the county to encourage and promote the collocation of antennas on existing public and private structures within the county. To achieve this end, the county encourages all wireless communication providers to locate new antennas on existing structures. Permits for new broadcasting towers should only be requested when no other reasonable alternative exists for locating needed antennas. When new broadcasting towers are proposed as a last alternative, the requested broadcasting tower location, height and design should be chosen to protect and enhance the scenic and natural beauty of Roanoke County. Broadcasting tower locations at elevations lower than surrounding ridge lines are preferred. The use of stealth designs should be considered for any new broadcasting tower. It is the intent of the county to fully comply with all of the applicable provisions of the federal Telecommunications Act of 1996 and other applicable federal and state laws as said laws address and preserve Roanoke County's zoning authority and provide to the communication industry the right and responsibility to provide communication services within their service areas. (B) Applicability: 1. These standards shall apply to all new and replacement broadcasting towers within Roanoke County with the exception that new and replacement broadcasting towers and associated antenna not exceeding thirty (30) feet in height and located within any commercial or industrial zoning district shall be permitted by right provided: a. The proposed tower is a monopole type design; b. The general area of the proposed tower is currently served by above ground utilities including electric power and telephone poles; and c. All other use and design standards for the construction of the broadcasting tower and associated facilities are met. 2. No modification to increase the height, size, type or location of any existing broadcasting tower or associated facilities, excluding antennas, shall be made unless such modification results in the full compliance of the broadcasting tower and facilities with all of the requirements of this ordinance. Created: 2022-09-29 13:43:17 [EST] (Supp. No. 36) Page 2 of 5 3. Antennas may be installed on any existing structure within the county, without the necessity of obtaining a special use permit, provided said antenna does not meet the definition of a broadcasting tower, does not increase the height of the existing structure more than ten (10) feet, and does not result in the structure and antenna exceeding the maximum structure height for that zoning district. 4. These provisions shall not apply to any temporary broadcasting tower erected for the purpose of system design or testing provided the temporary broadcasting tower is erected for a period not to exceed twenty-one (21) days. In addition, in declared local emergency situations, the county administrator shall be authorized to allow the temporary installation of a broadcasting tower for the duration of the local emergency. A zoning permit pursuant to section 30-9 of this ordinance shall be applied for and approved prior to erecting any temporary or emergency tower. (C) Application requirements: 1. All potential applicants for broadcasting towers shall consult with county planning staff at least thirty (30) days prior to submitting an application for a proposed broadcasting tower. During this consultation the applicant shall present information to the staff on system objectives, proposed coverage areas, and alternative sites considered and rejected. The staff shall provide the potential applicant information on Roanoke County policies and standards for broadcasting towers, and shall discuss with the applicant possible alternatives to broadcasting tower construction. 2. In addition to the application requirements contained in section 30-19-2 of this ordinance, all applicants for broadcasting towers shall provide the following at the time of application: a. The location of all other proposed broadcasting tower sites considered and rejected, and the specific technical, legal or other reasons for the rejection. b. The location of all other possible collocation sites considered and rejected, and the specific technical, legal or other reasons for the rejection. c. Accurate, to scale, photographic simulations showing the relationship of the proposed broadcasting tower and associated antenna to the surroundings. Photographic simulations shall also be prepared showing the relationship of any new or modified road, access or utility corridors constructed or modified to serve the proposed broadcasting tower site. The number of simulations and the perspectives from which they are prepared, shall be established with the staff at the consultation required in section C.1. above. d. A computerized terrain analysis showing the visibility of the proposed broadcasting tower and antenna at the requested height and location. If new or modified road, access or utility corridors are proposed, the terrain analysis shall also show the visibility of these new or modified features. e. Information on how the proposed site relates to the applicants existing communication system, including number of other sites within the Roanoke Valley, and the location of the antenna at each site. f. All broadcasting tower applicants shall be required, at their expense to conduct an on-site "balloon" or comparable test prior to the planning commission and board of supervisors hearings on the special use permit. The purpose of this test shall be to demonstrate the potential visual impact of the proposed tower. The dates and periods of these tests shall be established with the applicant at the pre-application consultation. g. Written verification that all required submittals to the FAA as required by section 30-87-2(D)6 of this ordinance have been submitted. 3. The applicant shall be responsible for all fees associated with the filing of the application including the reasonable cost of any independent analysis deemed necessary by the county to verify the need for the Created: 2022-09-29 13:43:17 [EST] (Supp. No. 36) Page 3 of 5 new broadcasting tower. The board of supervisors shall establish these fees, which shall be discussed with the applicant at the pre-application conference. (D) General standards: 1. The maximum height of any proposed broadcasting tower and associated antenna shall be made as a condition of the special use permit, but in no case shall any broadcasting tower and antenna exceed one hundred ninety-nine (199) feet in height. Applicants shall request the lowest broadcasting tower and antenna height necessary to accomplish their specific communication objectives. 2. The setback for any proposed broadcasting tower shall, at a minimum, conform to the requirements for principal structures for the proposed zoning district. However, in no case shall the minimum setback from the base of the broadcasting tower to any residential structure on an adjoining lot be less than forty (40) percent of the height of the tower, measured from the closest structural member of the broadcasting tower (excluding guy lines). Guy lines shall be exempt from the minimum setback requirements in side and rear yards for the respective zoning district, but shall comply with the setback requirements for the front yard. 3. The minimum setback from any property line abutting a road right-of-way for any other building or structure associated with a broadcasting tower shall be fifty (50) feet. Such buildings or structures shall be located a minimum of twenty-five (25) feet from any other property line. 4. More than one (1) broadcasting tower shall be permitted on a lot provided all applicable requirements have been met including setback requirements. 5. Broadcasting towers shall not be illuminated with any type of lighting apparatus, unless such lighting is a requirement of the FAA or FCC. When lighting is proposed to conform to federal requirement, the county shall contact the federal agency to verify the necessity of lighting, and to determine the minimal amount and type of lighting necessary to comply with federal guidelines. Security lighting, or a "down lighting" design may be installed on buildings and structures associated with a broadcasting tower. In no case shall any lighting violate section 30-94 of this ordinance. 6. Any proposed broadcasting tower within two (2) miles from any general or commercial airport or located at a ground elevation at or above two thousand (2,000) feet, average mean sea level, shall be referred to the appropriate regional office of the FAA for review and comment prior to filing an application for a special use permit. 7. All broadcasting towers shall comply with any additional requirements established in the airport overlay district in section 30-72 of this ordinance, and the emergency communications overlay district in section 30-73. 8. Any broadcasting tower approved shall be structurally designed to carry sufficient loading, and the site approved shall be sized to accommodate the additional equipment necessary for at least three (3) other vendors/providers of communications services in order to minimize the proliferation of new broadcasting towers in the vicinity of the requested site. In addition, by applying and being granted the special use permit, the applicant and the owner of the land agree to make the broadcasting tower and tower site available for additional leases within the structural capacity of the broadcasting tower and at reasonable costs adequate to recover the capital, operating and maintenance costs of the broadcasting tower location required for the additional capacity. 9. A monopole broadcasting tower design is recommended. The board may approve an alternative broadcasting tower design if it finds that an alternative type of structure has less of a visual impact on the surrounding community and Roanoke County, and/or based upon accepted technical and engineering data a monopole design is not technically feasible. Cost shall not be a criteria for determining broadcasting tower design. Created: 2022-09-29 13:43:17 [EST] (Supp. No. 36) Page 4 of 5 10. No broadcasting towers shall be permitted within the critical viewsheds of the Blue Ridge Parkway or Appalachian Trail as shown on any official map designating these viewsheds and pre-approved by the board of supervisors. In addition, no towers shall be proposed within any other designated area of local scenic, historical, ecological and cultural importance as designated and approved by the board of supervisors prior to the filing of a tower application. 11. By applying and being granted the special use permit, the applicant and the owner of the land agree to dismantle and remove the broadcasting tower and associated facilities from the site within ninety days of the broadcasting tower no longer being use for wireless communications. Dismantling and removal from the site shall only be required after notice by the County. If antennas on any approved tower are relocated to a lower elevation, the tower shall be shortened to the height of the highest antenna. A bond or similar performance guarantee may be required as part of the special use permit approval. Said guarantee will be in an amount sufficient to ensure removal of the tower and all associated facilities and the reclamation of the property and road, access and utility corridors to a condition that existed prior to tower construction. 12. All broadcasting tower structures and associated hardware, antennas, and facilities shall be a flat matted finish so as to reduce visibility and light reflection unless otherwise required by the FCC or FAA. 13. No business signs shall be allowed on the property identifying the name of, or services offered by, any business associated with the broadcasting tower. (E) General review policies: All special use permit requests for new broadcasting towers, including the replacement or modification of existing broadcasting towers shall be reviewed by the staff, planning commission and board of supervisors on the basis of the following criteria: 1. The extent to which the broadcasting tower proposal conforms to the general special use permit criteria in section 30-19 of this ordinance, and the intent, application requirements, and general standards for broadcasting towers found in these provisions. 2. The demonstrated willingness of the applicant to evaluate collocation opportunities within the proposed communication service area, and the demonstrated history of the applicant choosing collocation sites within the Roanoke Valley. 3. The base and top elevation of the proposed broadcasting tower relative to surrounding natural land forms. Notwithstanding any other provision of this section, broadcasting tower locations below surrounding ridge lines are preferred. 4. Broadcasting tower locations already served by existing roads and utilities are preferred due to the potential detrimental environmental and visual impacts resulting from the construction of new road and utility corridors. 5. Within the needed service area, the availability of other existing structures that are, based upon independent analysis, of suitable height, design, and location for the needed antenna. 6. The visibility of the broadcasting tower from the surrounding community and neighborhood compatibility of the tower as determined by the submitted computer simulations, terrain analysis and balloon or comparable test. 7. The degree to which the proposed tower location, site design and facilities including fencing, buildings and other ground mounted equipment and new or modified road, access or utility corridors are located, designed and constructed to be compatible with the neighborhood. (Ord. No. 82493-8, § 4, 8-24-93; Ord. No. 102798-12, § 1, 10-27-98) Transition: A future land use area that encourages the orderly development of highway frontage parcels. Transition areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development. Intense retail and highway oriented commercial uses are discouraged in transition areas, which are more suitable for office, institutional and small-scale, coordinated retail uses. Land Use Types: Office and Institutional - Planned office parks and independent facilities in park-like surroundings are encouraged. A high degree of architectural design and environmentally sensitive site design is encouraged. Retail - Small-scale planned and clustered retail uses. Multifamily Residential - Garden apartments at a density of 12 to 24 units per acre. Single-Family Attached Residential - Planned townhouse communities of 6 or more units per acre. Parks - Public and private recreational facilities. These facilities should be linked to residential areas by greenways, bike and pedestrian trails. Land Use Determinants: EXISTING LAND USE PATTERN - Locations where limited commercial uses exist. EXISTING ZONING - Locations where commercial zoning exists. ACCESS - Locations where properties have direct frontage and access to an arterial or major collector street. SURROUNDING LAND USE - Locations which serve as a logical buffer strip between conflicting land use patterns. ORIENTATION - Locations which are physically oriented toward the major street. URBAN SECTOR - Locations served by urban services. Cellco Partnership DBA Verizon Wireless Request to amend a proffer condition from a previous rezoning and to obtain a special use permit for a broadcasting tower approximately 124 feet in height on approximately 4.81 acres of land zoned C-2C, High Intensity Commercial District with conditions Board of Supervisors Public HearingFebruary 28, 2023 Location Map2 Project Site •2918 Peters Creek Rd •4.81 Acres •Current Use: Mini-warehouse •SUP for a Broadcasting Tower 3 Photographs4 Photographs5 Photographs6 Photographs7 8 Zoning Background •Property rezoned from R-1, Residential District, to B-2, Business District with conditions in May of 1980. •Proffered Conditions address: •Permitted Uses •Site Plan Compliance •Screening •Fencing •On-premise Residential Manager •Property zoned from B-2, Business District, to C-2, High Intensity Commercial District in 1992 9 Zoning Background •The Roanoke County Zoning Ordinance defines broadcasting tower as: “Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas. The term includes but need not be limited to radio and television transmission towers, microwave towers, common-carrier towers, and cellular telephone and wireless communication towers. Broadcasting tower types include, but are not limited to monopoles, lattice towers, wooden poles, and guyed towers. Excluded from this definition are amateur radio towers, which are described separately” •Broadcasting tower is only permitted in the C-2 district with an approved special use permit •Use and design standards apply 10 Zoning Background •Balloon Test Conducted Saturday, February 4th from 10 a.m. to 2 p.m. 11 Concept Plan 12 Concept Plan Broadcasting Tower •120 Feet Tall •4-Foot Lightning Rod •3 Antenna Locations Lease Area –19’ x 35’ Fenced Area –18’ 4” x 34’ Access –Existing Entrance and Access Road 13 Concept Plan Zoning Existing Zoning •C-2C –High Intensity Commercial with conditions 14 Surrounding Zoning •North –R-2/R-1 •East –R-2/C-2 •West –C-2/R-3 •South –C-2; CG & CLS (City of Roanoke) Future Land Use15 Transition •Transition is a future land use area that encourages the orderly development of highway frontage parcels. •Transition areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development. •Intense retail and highway oriented commercial uses are discouraged in transition areas, which are more suitable for office, institutional and small-scale, coordinated retail uses. •The proposed broadcasting tower is consistent with the Transition Future Land Use Designation. Planning Commission Public Hearing –February 7, 2023 •No citizens spoke during the public hearing •Planning Commission and the applicant discussed the following: •Ownership of the Tower (Verizon) •Operation of the Tower (Verizon) •Co-location possibilities on tower (Yes –2 co-location spaces in addition to Verizon’s antenna) •No other towers nearby to co-locate on •Purpose of the Tower (increase service in area) 16 Planning Commission Planning Commission recommends approval of the proffer amendment: 17 1. Site plans will be complied with as prepared by Byron R. Dickson and Tectonic Engineering Consultants P.C for five buildings only and a broadcasting tower as shown on plans and use will be limited to mini-warehouses and broadcasting towers. 2. Screening will be as shown on plan plus additional screening from B-2 properties to the south. 3. Property will be fenced. 4. Residential Manager will live in apartment on the premises. Planning Commission Planning Commission recommends approval of the special use permit for a broadcasting tower with two conditions: 18 1.The broadcasting tower shall be developed in substantial conformance with the concept plans for VZW –Westminster – Rawland prepared by Tectonic Engineering Consultants P.C., dated July 14, 2022, subject to any changes required during the comprehensive site plan review process. 2.The broadcasting tower shall not exceed 124 feet in height. Questions? 19 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 Mary Beth Nash Rachel W. Lower Marta J. Anderson SENIOR ASSISTANT COUNTY ATTORNEYS SAMPLE MOTIONS The petition of Cellco Partnership d/b/a Verizon Wireless to 1) amend a proffered condition, and 2) obtain a special use permit for a broadcasting tower approximately 124 feet in height, on approximately 4.81 acres of land zoned C-2C (high-intensity commercial district with conditions), located at 2918 Peters Creek Road, Catawba Magisterial District. MOTION TO APPROVE I FIND that the proposed amendment of the previously proffered condition:  Is consistent with the purpose and intent of the County’s comprehensive plan and good zoning practice, and  Will not be a substantial detriment to the community. I therefore MOVE THAT WE APPROVE of the amendment to the previously proffered condition, as follows: 1. Site plan will be complied with as prepared by Byron R. Dickson and Tectonic Engineering Consultants PC for five buildings and a broadcasting tower as shown on plans and use will be limited to mini-warehouses and broadcasting towers. All other existing proffered conditions shall remain in effect and without amendment. Further, 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; OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800  Roanoke, Virginia 24018-0798 2. Is substantially 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 of the special use permit for the 124 ft. broadcasting tower, with the following conditions: 1. That the broadcasting tower be developed in substantial conformance with the concept plans for VZW – Westminster – Rawland prepared by Tectonic Engineering Concepts P.C., dated July 14, 2022, subject to any changes required during the comprehensive site plan review process. 2. The broadcasting tower shall not exceed 124 feet in height. 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 TO 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 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 28, 2023 ORDINANCE 1) AMENDING A PROFFERED CONDITION AND 2) APPROVING A SPECIAL USE PERMIT FOR A BROADCAST TOWER APPROXIMATELY 124 FEET IN HEIGHT, ON APPROXIMATELY 4.81 ACRES OF LAND ZONED C-2C (HIGH INTENSITY COMMERCIAL DISTRICT WITH CONDITIONS), LOCATED AT 2918 PETERS CREEK ROAD, CATAWBA MAGISTERIAL DISTRICT WHEREAS, Cellco Partnership d/b/a Verizon Wireless has filed a petition to 1) amend a proffered condition, and 2) obtain a special use permit for a broadcasting tower approximately 124 feet in height, on approximately 4.81 acres of land zoned C -2C (high-intensity commercial district with conditions), located at 2918 Peters Creek Road (Tax Map No. 037.13-04-02.01-0000), in the Catawba Magisterial District; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 7, 2023; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition; and WHEREAS, the first reading of this ordinance was held on January 24, 2023, and the second reading and public hearing were held on February 28, 2023. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board finds that the proposed amendment of the first previously proffered condition pertaining to the real property located at 2918 Peters Creek Rd (Tax Map No. 037.13-04-02.01-0000), in the Catawba Magisterial District, is consistent with the purpose and intent of the County’s comprehensive plan and good zoning practice, and will not be a detriment to the community. Page 2 of 3 2. The Board approves the proposed amendment to the first previously proffered condition as follows (all other existing proffered conditions shall remain in effect and without amendment): a. Site plan will be complied with as prepared by Byron R. Dickson and Tectonic Engineering Consultants, PC for five buildings and a broadcasting tower as shown on plans and use will be limited to mini-warehouse and broadcasting towers. 3. Further, 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. 4. 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. 5. The Board approves the special use permit for the 124 ft. broadcasting tower, located at 2918 Peters Creek Rd (Tax Map No. 037.13-04-02.01-0000), in the Catawba Magisterial District, with the following conditions: a. That the broadcasting tower be developed in substantial conformance with the concept plans for VZW – Westminster – Rawland prepared by Tectonic Engineering Concepts P.C., dated July 14, 2022, subject to any changes required during the comprehensive site plan review process. b. The broadcasting tower shall not exceed 124 feet in height. Page 3 of 3 6. This ordinance shall be in full force and effect thirty (30) days after its final passage. Page 1 of 2 ACTION NO. ITEM NO. L.2 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 28, 2023 AGENDA ITEM: The petition of Engineering Concepts, Inc. to obtain a special use permit for a water tank (major utility service) approximately 42 feet in height located on approximately 1.82 acres of land zoned AG-3, Agricultural/Rural Preserve District, located in the 2600 block of Summit Ridge Road, 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 a water tank in a residential district. 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 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.” Utility services, major requires a special use permit in the AG -3, Agricultural/Rural Preserve District. · In 2005, Fralin & Waldron conveyed a conservation easement to the Virginia Outdoor Foundation (VOF) on 150+ acres, which put in place certain restrictions in order to become the Read Mountain Preserve. The 1.82 -acre utility parcel this water tank is being proposed on, was then created in 2006. The VOF easement Page 2 of 2 on this 1.82-acre property states that a water tank would be allowable. The easement restricts its location to below the 1620’ contour line and its size to 150,000 gallons. The water tank as proposed fits within these parameters. DISCUSSION: The Planning Commission held a public hearing on this application on February 7, 2023. One citizen spoke during the public hearing. The concerns/questions raised included: who was paying for the water tank; connection fees; the water tank's expansion capabilities; water pressure issues at times along Summit Ridge Road; and no issues with the water tank's aesthetics. Planning Commission discussed the following: conservation easement restrictions; ownership of the water tank after construction (Water Authority); water pressure issues; gravity system from this tank; connection fees; no expansion capabilities of water tank based on conservation easement restrictions; surrounding zoning and the future land use designation. The Planning Commission recommends approval of the special use permit with two conditions: 1. The site shall be developed in general conformance with the Development Plan for Summit Ridge Water System (Plan Sheet #5) prepared by Lumsden Associates, P.C. dated February 14, 2007. 2. The water tank shall not exceed 43 feet in height. 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 water tank (major utility service) o n approximately 1.82 acres of land zoned AG-3, Agricultural/Rural Preserve District with two conditions: 1. The site shall be developed in general conformance with the Development Plan for Summit Ridge Water System (Plan Sheet #5) prepared by Lumsden Associates, P.C. dated February 14, 2007. 2. The water tank shall not exceed 43 feet in height. STAFF REPORT Petitioner: Engineering Concepts, Inc. Request: Special Use Permit for a water tank (major utility services) approximately 42 feet in height located on approximately 1.82 acres of land zoned AG-3, Agricultural/Rural Preserve Location: 2600 block of Summit Ridge Road Conditions: Plan for Summit Ridge Water System (Plan Sheet #5) prepared by Lumsden Associates, P.C. dated February 14, 2007. Engineering Concepts, Inc is requesting a Special Use permit for a 1.82-acre parcel located in the 2600 block of Summit Ridge Road. The current Zoning on the parcel is AG-3, Agricultural/Rural Preserve District. The requested Special Use Permit is for a water tank, which is classified as major utility services in the Roanoke County Zoning Ordinance. The water tank is proposed to be located on the northern portion of the parcel. The 2005 Comprehensive Plan indicates that the future land use designation of this parcel is mostly Neighborhood Conservation, with a small sliver at the northwest corner being 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. Conservation is a future land use area of particular environmental sensitivity due to topography, existence of unique land characteristics, conservation/open space/greenway easements, soil types or location with respect to other state or federally preserved lands. The proposed water tank is consistent with the Neighborhood Conservation future land use designation and inconsistent with the Conservation future land use 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 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.” Utility services, major requires a special use permit in the AG-3, Agricultural/Rural Preserve District. In addition, the Roanoke County Zoning Ordinance contains use and design standards (listed below) for utility services, major. Sec. 30-83-11. 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. 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. 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. The site plan for the Summit Ridge Water System was approved in 2007. Building permit review will be required 2. ANALYSIS OF EXISTING CONDITIONS Background – In 2005, Fralin & Waldron conveyed an easement to the Virginia Outdoor Foundation (VOF) on a 153.595-acre parcel which put in place certain restrictions necessary for the property to become the Read Mountain Preserve. The 1.82-acre utility parcel this water tank is being proposed on, was then created in 2006, as seen in Plat Book 30 Page 169. Fralin & Waldron retained ownership of this parcel, though it remaining portions of the property to the County of Roanoke to be included in the Read Mountain Preserve. The VOF easement on this 1.82-acre property states that a water tank would be allowable. The easement restricts its location to below the 1620’ contour line and its size to 150,000 gallons. The tank as proposed fits within these parameters. decrease in slope at the proposed tank site. The parcel is completely covered by a mature hardwood forest, primarily oak species upwards of 50’ in height. The property adjoins Summit Ridge Road to the South, and is completely surrounded by the Read Mountain preserve in all other directions. and East, which is zoned AG-3. To the South it adjoins a residential subdivision zoned R-1, Low Density Residential, which consists of single-family, detached houses. 3.ANALYSIS OF PROPOSED DEVELOPMENT water tank’s color will be “forest green" and located at the northern most portion of the parcel. The tank design is cylindrical with a conical top and includes an access ladder up the side and a walkway on top with railing for maintenance access. access road which gently winds up the slope until reaching the proposed tower location at the northern most portion of the property. of a mature hardwood stand of forest with upwards 50’ tall trees. This is consistent with the required type E Agency Comments: The following agencies provided comments on this application: Office of Building Safety All construction on site will need to meet the requirements of the Virginia Uniform Statewide Building Code. Economic Development The Summit Ridge Water Tank will be needed to support additional development of vacant land for residential use in the Bonsack/Vinton area. Additionally, the tank will also upgrade the existing water system by improving water pressure and available fire flows. Fire and Rescue Fire and Rescue does not object to this project and it has the capabilities of providing infrastructure to increase the fire flow in this area. Details of the project would be addressed in the site plan process to determine the amount of flow that will be provided to the new areas to ensure it meets the required demands for any new construction projects. Roanoke County Transportation I have reviewed the plans and wanted to offer that as part of the Route 460 Land Use and Connectivity Study, comments were made that connecting Creggin Drive to Crumpacker Drive with a roadway would improve connectivity and access between the West/East Ruritan and Huntridge neighborhoods. While these roadways are not involved in the subject application, it appears as though future subdivision actions may include one or both. VDOT 1. A Land Use Permit will be required if a new entrance is needed from the VDOT right-of-way or for the change in use of an existing entrance. 2. The VDOT Road Design Manual, Appendix F: Access Management Design Standards for Entrances and Intersections must be adhered to where applicable for private entrances. This includes, but is not limited to, entrance spacing and stopping sight distance. The stopping sight distance must be field verified and measures taken to ensure the minimum required distances can be met. 3. The department will not issue an approval of the plans or any necessary Land Use Permits until the locality approves this request. In addition, information regarding any changes to the existing drainage system should also be included for review. 4. CONFORMANCE WITH ROANOKE COUNTY COMPREHENSIVE PLAN The 2005 Comprehensive Plan indicates that the Future Land Use Designation of this parcel is primarily Neighborhood Conservation, with a small sliver at the northwest corner being 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. Conservation is a future land use area of particular environmental sensitivity due to topography, existence of unique land characteristics, conservation/open space/greenway easements, soil types or location with respect to other state or federally preserved lands. The proposed tank will be located on the Neighborhood Conservation portion of the parcel. The utility services, major use, in this instance, a water tank to offer future residential development, is consistent with the Neighborhood Conservation future land use designation. 5. STAFF CONCLUSIONS The proposed 42-foot water tank is consistent with the surrounding zoning and future land use designation and does not present a significant impact to surrounding use types. The proposed water tank will have sufficient screening from the surrounding forest to minimize impacts to the residential neighborhoods, and will offer future residential development potential for other properties in the vicinity of the proposed water tank. Staff suggests two possible conditions dealing with conformance to the site plan and limiting the height of the water tank. ATTACHMENTS: Application Materials Maps (Aerial, Zoning, Future Land Use) Easement Restrictions AG-3 Zoning District Standards Neighborhood Conservation Future Land Use Conservation Future Land Use Roanoke County, Va 2022, Roanoke County, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community0 145 Date: 12/9/2022 290 580 Feet Roanoke County, Virginia 2019 Aerial Map 1:4,514 Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 Subject Site Summit Ridge Water System 0 Summit Ridge Road 039.00-01-01.04- 0000 Lot Size: 1.82 Zoning: AG-3 Proposal: Special Use Permit to locate a water tower on the site Roanoke County, Va 2022, Roanoke County, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community0 145 Date: 12/9/2022 290 580 Feet AG3 Roanoke County, Virginia 2019 Zoning Map R1 1:4,514 Zoning AG3 R1 Summit Ridge Water System 0 Summit Ridge Road 039.00-01-01.04- 0000 Lot Size: 1.82 Zoning: AG-3 Proposal: Special Use Permit to locate a water tower on the site Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 Subject Sites NC CN Roanoke County, Va 2022, Roanoke County, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community0 145 Date: 12/9/2022 290 580 Feet Roanoke County, Virginia 2019 Future Land Use Map 1:4,514 Future Land Use Conservation Neighborhood Conservation Summit Ridge Water System 0 Summit Ridge Road 039.00-01-01.04- 0000 Lot Size: 1.82 Zoning: AG-3 Proposal: Special Use Permit to locate a water tower on the site Roanoke Co. Planning (540) 772-2068 5204 Bernard Dr. Roanoke VA 24018 Subject Sites Created: 2022-09-29 13:43:13 [EST] (Supp. No. 36) Page 1 of 4 SEC. 30-32. AG-3 AGRICULTURAL/RURAL PRESERVE DISTRICT. Sec. 30-32-1. Purpose. (A) The AG-3, agricultural/rural preserve district consists of land primarily used as farmland, woodlands, and widely scattered residential development located within the rural service area. Also found in these areas are lands with steep slopes, and groundwater recharge areas. Many of the county's unique natural and scenic resources are found in this district. The purpose of this district is to maintain these areas essentially in their rural state, and attempt to protect sensitive and unique land resources from degradation as recommended in the rural preserve land use category of the comprehensive plan. This may be accomplished by maintaining the existing agricultural lands and preventing the encroachment of incompatible land uses. Non-farm residents should recognize that they are located in an agricultural environment where the right-to-farm has been established as county policy. This district is also intended to minimize the demand for unanticipated public improvements and services, such as public sewer and water, by reducing development densities and discouraging large scale development. (Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-32-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture Agritourism * Farm Brewery * Farm Distillery * Farm Employee Housing * Farm Winery * Forestry Operations * Stable, Commercial * Stable, Private Wayside Stand * 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type II * Manufactured Home * Manufactured Home, Accessory * Created: 2022-09-29 13:43:13 [EST] (Supp. No. 36) Page 2 of 4 Manufactured Home, Emergency * Multiple Dog Permit * Residential Human Care Facility Single-Family Dwelling, Detached 3. Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Religious Assembly * Safety Services * Utility Services, Minor 4. Commercial Uses Agricultural Services Bed and Breakfast * Kennel, Commercial * Short-Term Rental * Veterinary Hospital/Clinic 5. Industrial Uses Custom Manufacturing * 6. 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. Agricultural Uses Commercial Feedlots * 2. Residential Uses Alternative Discharging Sewage Systems * 3. Civic Uses Camps * Cemetery * Correctional Facilities Day Care Center * Created: 2022-09-29 13:43:13 [EST] (Supp. No. 36) Page 3 of 4 Utility Services, Major * 4. Commercial Uses Antique Shops * Bed and Breakfast Inn * Campgrounds * Country Inn * Golf Course * Special Events Facility * Studio, Fine Arts 5. Industrial Uses Composting * Landfill, Construction Debris * Landfill, Rubble * Landfill, Sanitary * Resource Extraction * 6. Miscellaneous Uses Aviation Facilities, Private * Broadcasting Tower * Outdoor Gatherings * Shooting Range, Outdoor * Wind Energy System, Large* Wind Energy System, Utility* (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, § 8, 6-22-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 42694- 12, § 7, 4-26-94; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22 , § 1, 5-26-09; Ord. No. 030811-1 , § 1, 3-8-11; Ord. No. 091311-7 , § 1, 9-13-11; Ord. No. 111213-15 , § 1, 11-12-13; Ord. No. 062816-4 , § 1, 6-28-16; Ord. No. 082818-8 , § 1, 8-28-18; Ord. No. 091019-4 , § 1, 9-24-20; Ord. No. 020921-8 , § 1, 2-9-21) Sec. 30-32-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot requirements. 1. All lots, regardless of sewer and water provisions: a. Area: 3 acres (130,680 square feet). b. Frontage: 200 feet on a publicly owned and maintained street. Created: 2022-09-29 13:43:13 [EST] (Supp. No. 36) Page 4 of 4 c. Maximum width to depth ratio: 1 to 5 (W to D) on streets in existence prior to the adoption of this ordinance. (B) Minimum setback requirements. 1. Front yard: a. Principal structures: 50 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 25 feet. b. Accessory structures: 25 feet behind front building line or 10 feet behind rear building line. 3. Rear yard: a. Principal structures: 35 feet. b. Accessory structures: 10 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. 5. Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 25 feet from any side property line. (C) Maximum height of structures. 1. All structures: 45 feet. (D) Maximum coverage. 1. Building coverage: 10 percent of the total lot area. 2. Lot coverage: 20 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93; 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. Conservation: A future land use area of particular environmental sensitivity due to topography, existence of unique land characteristics, conservation/open space/greenway easements, soil types or location with respect to other State or Federally preserved lands. Typical resources would include wetlands, ridgelines, mountainsides, scenic views from the Blue Ridge Parkway and Appalachian Trail, identified greenway corridors, productive agricultural lands, historical and cultural resources and threatened or endangered species habitats. Land Use Types: Agricultural Production - The production of crops, plants, vines, trees, livestock, poultry and eggs and associated services such as soil and crop preparation, landscape and horticultural care. Forest and Wood Products - Tree farms, forest nurseries and reforestation services. Parks - Large regional park facilities that are designed and developed to preserve the environmentally sensitive nature of the land. Public Lands - Includes land that is owned by a public entity but is not an official park. Examples would be Haven’s Wildlife Management Area, Spring Hollow Reservoir, Carvin’s Cove watershed, Appalachian Trail, Blue Ridge Parkway, Forest Service lands and publicly owned land on Green Ridge Mountain. Conservation Easements - Includes private lands that are protected by a conservation easement (includes scenic, agricultural, greenway and open space easements) held either by a private land trust or a State agency. Rural Residential - Very limited, low density single-family homes generally averaging a gross density of one unit per 10 acres. Cluster developments are encouraged. Land Use Determinants: EXISTING LAND USE PATTERN - Locations where unique and important natural, agricultural, historical and cultural resources exist that deserve to have the highest level of protection. RESOURCE PROTECTION - Locations where valuable and irreplaceable resources such as open space, public water supply impoundments, rivers, streams, lakes, productive agricultural land, woodlands, critical slopes, ridgelines, historical and archeological sites and unique natural areas exist. ACCESS - Locations that are accessible by existing improved or unimproved rural roads. RURAL SECTOR - Locations not served by urban services. Engineering Concepts, Inc. Request to obtain a special use permit for a water tank (major utility service) approximately 42 feet in height on approximately 1.82 acres of land zoned AG-3, Agricultural/Rural Preserve District Board of Supervisors Public Hearing February 28, 2023 Location Map2 Project Site •2600 block of Summit Ridge Road •1.82 Acres •Current Use: Vacant/Wooded utility lot •SUP for a Water Tank (42 feet) 3 La Bellvue Subdivision Photographs4 Photographs5 Photographs6 Photographs7 Photographs8 Photographs9 10 Background •In 2005, Fralin & Waldron conveyed a conservation easement to the Virginia Outdoor Foundation (VOF) on 150+ acres, which put in place certain restrictions in order to become the Read Mountain Preserve. •The 1.82-acre utility parcel this water tank is being proposed on, was then created in 2006. •The VOF easement on this 1.82-acre property states that a water tank would be allowable. •The easement restricts its location to below the 1620’ contour line and its size to 150,000 gallons. The water tank as proposed fits within these parameters. 11 Zoning 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 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.” •Utility services, major requires a special use permit in the AG-3, Agricultural/Rural Preserve District. •Use and design standards apply 12 Concept Plan Water Tank •42+ Feet Tall •28 Feet Wide •150,000 Gallons •“Forest Green” Color •Cylindrical with a conical top with access ladder & walkway on top with railing 10-foot Paved Access Road Zoning Existing Zoning •AG-3 –Agricultural / Rural Preserve 13 Surrounding Zoning •North –AG-3 •East –AG-3/R-1 •West –AG-3 •South –R-1 Future Land Use14 Neighborhood Conservation A future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. Planning Commission Public Hearing –February 7, 2023 •One (1) citizen spoke during the public hearing •Concerns/questions raised: •Who was paying for the water tank •Connection fees •Water tank's expansion capabilities •Water pressure issues at times along Summit Ridge Road •No issues with the water tank's aesthetics 15 Planning Commission •Planning Commission discussion: •Conservation easement restrictions •Ownership of the water tank after construction (Water Authority) •Water pressure issues •Gravity system from this tank •Connection fees •No expansion capabilities of water tank based on conservation easement restrictions •Surrounding zoning •Future land use designation 16 Planning Commission Planning Commission recommends approval of the special use permit for a water tank with two conditions: 1.The site shall be developed in general conformance with the Development Plan for Summit Ridge Water System (Plan Sheet #5) prepared by Lumsden Associates, P.C. dated February 14, 2007. 2.The water tank shall not exceed 43 feet in height. 17 Questions? 18 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 Mary Beth Nash Rachel W. Lower Marta J. Anderson SENIOR ASSISTANT COUNTY ATTORNEYS SAMPLE MOTIONS The petition of Engineering Concepts to obtain a special use permit for a water tank (major utility service) approximately 42 feet in height on approximately 1.82 acres of land zoned AG-3 (Agricultural Rural/Preserve District), located in the 2600 block of Summit Ridge Road, Hollins Magisterial District. MOTION TO APPROVE I find that the proposed special use permit: 1. Meets the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special uses conform with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance; 2. Is substantially 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 special use permit for the water tank, with the following conditions: 1. The site shall be developed in general conformance with the Development Plan for Summit Ridge Water System (Plan Sheet #5) prepared by Lumsden Associates, PC, dated February 14, 2007. 2. The water tank shall not exceed 43 feet in height. 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. OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800  Roanoke, Virginia 24018-0798 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, FEBRUARY 28, 2023 ORDINANCE GRANTING A SPECIAL USE PERMIT TO ENGINEERING CONCEPTS TO ERECT A WATER TANK ON APPROXIMATELY 1.82 ACRES OF LAND, ON PROPERTY ZONED AG-E (AGRICULTURAL RURAL/PRESERVE DISTRICT), LOCATED IN THE 2600 BLOCK OF SUMMIT RIDGE ROAD, IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, Engineering Concepts has submitted an application for a special use permit for a water tower (major service utility) approximately 42 feet in height, on approximately 1.82 acres of land zoned AG-3 (Agricultural Rural/ Preserve District), located in the 2600 block of Summit Ridge Road (Tax Map No. 039.00 -01-01.04-0000), in the Hollins Magisterial District; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 7, 2023; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition; and WHEREAS, the first reading of this ordinance was held on January 24, 2023, and the second reading and public hearing were held on February 28, 2023. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, 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 Board approves the special use permit for a water tank located in the 2600 block of Summit Ridge Road (Tax Map No. 039.00-01-01.04-0000), in the Hollins Magisterial District, with the following conditions: a. The site shall be developed in general conformance with the Development Plan for Summit Ridge Water System (Plan Sheet #5) prepared by Lumsden Associates, PC, dated February 14, 2007. b. The water tank shall not exceed 43 feet in height. 4. This ordinance shall be in full force and effect thirty (30) days after its final passage.