HomeMy WebLinkAbout6/27/2023 - RegularPage 1 of 5
NOTE: The 3:00 p.m. session has been cancelled. This session will start at
7:00 p.m.
INVOCATION:
PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG
Disclaimer:
“Any invocation that may be offered before the official start of the Board meeting
shall be the voluntary offering of a private citizen, to and for the benefit of the
Board. The views or beliefs expressed by the invocation speaker have not been
previously reviewed or approved by the Board and do not necessarily represent
the religious beliefs or views of the Board in part or as a whole. No member of
the community is required to attend or participate in the invocation and such
decision will have no impact on their right to actively participate in the business of
the Board.”
Roanoke County
Board of Supervisors
June 27, 2023
Page 2 of 5
Good afternoon and welcome to our meeting for June 27, 2023. Regular meetings are
held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00
p.m. on the fourth Tuesday of each month. Devia tions 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 Roa noke 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. PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. The petition of Larry and Rhonda Conner to obtain a special use permit to
operate a short-term rental on approximately 1.32 acres of lan d zoned R-1, Low
Density Residential District, located at 5859 Bent Mountain Road, Windsor Hill
Magisterial District (Philip Thompson, Director of Planning)
2. The petition of Parker Design Group, Inc. to obtain a special use permit for
religious assembly on approximately 2.91 acres of land zoned C-2, High Intensity
Commercial District, located on Oakland Boulevard between 233 Hershberger
Road and 4843 Oakland Boulevard, Hollins Magisterial District (Philip Thompson,
Director of Planning)
Roanoke County
Board of Supervisors
Agenda
June 27, 2023
Page 3 of 5
3. Ordinance amending Article II (Definitions and Use Types), Article III (District
Regulations), and Article IV (Use and Design Standards) of the Roanoke County
Zoning Ordinance (Philip Thompson, Director of Planning)
D. APPOINTMENTS
1. Roanoke County Board of Zoning Appeals (BZA) (appointed by District)
2. Roanoke County Economic Development Authority (EDA) (appointed by District)
3. Roanoke County Library Board (appointed by District)
4. Roanoke County Parks, Recreation and Tourism Advisory Commission
(appointed by District)
E. 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 – March 28, 2023
2. Ordinance approving an intergovernmental agreement for operation of the
Regional Center for Animal Care and Protection (Second Reading)
3. Ordinance authorizing an Agreement with the City of Roanoke to authorize the
City of Roanoke to act as the Erosion and Sediment Control Authority and
Stormwater Management Program Authority for the Glade Creek Stream
Restoration Project (Second Reading)
4. Ordinance accepting funds in the amount of $312,504 from the Virginia
Department of Criminal Justice Services, and appropriating such funds for use by
the Roanoke County Police Department for school resource officers (Second
Reading)
5. Ordinance authorizing the execution of a Memorandum of Understanding with
Blue Ridge Behavioral Healthcare and other local government entities governing
the MARCUS Alert Program for the Roanoke Valley (Second Reading)
6. Ordinance accepting and appropriating $339,000 from the Virginia Department of
Criminal Justice Services (DCJS) to the Roanoke County Police Department for
Law Enforcement Equipment (First Reading and request for Second Reading)
Page 4 of 5
7. Ordinance accepting and appropriating $170,680 in grant funding from the
Virginia Department of Emergency Management (VDEM) and $88,140.30 from
the Regional Center for Animal Care and Protection for the purchase and
installation of an emergency generator at the Regional Center for Animal Care
and Protection Animal Shelter (First Reading and request for Second
Reading)
8. Ordinance accepting $280,000 from the U.S. Department of Transportation and
appropriating such funds to the grant fund; and accepting $18,333 from Botetourt
County and appropriating such funds to the grant fund; and accepting $4,434
from the Town of Vinton and app ropriating such funds to the grant fund; and
reallocating $47,233 from fiscal year 2023 Planning Department operating funds
to the grant fund and to develop a Comprehensive Safety Action Plan for
Roanoke County, Botetourt County and the Town of Vinton as part of the safe
streets and roads for all discretionary grant program (First Reading and request
for Second Reading)
9. Ordinance approving easements and a memorandum of understanding with the
Western Virginia Water Authority for sanitary sewer improvement projects at
Starkey Park and C. Darrell Shell Park (First Reading and request for Second
Reading)
10. Confirmation of appointment to the Roanoke County Local Finance Board and
Parks, Recreation and Tourism Advisory Board (At-Large)
F. CITIZENS' COMMENTS AND COMMUNICATIONS
G. REPORTS
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of May 31, 2023
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of May 31, 2023
5. Accounts Paid – May 31, 2023
6. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of
May 31, 2023
H. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. David F. Radford
2. P. Jason Peters
3. Phil C. North
Page 5 of 5
4. Paul M. Mahoney
5. Martha B. Hooker
I. CLOSED MEETING, pursuant to the Code of Virginia as follows:
1. Section 2.2-3711.A.5 - Discussion concerning the expansion of an existing
businesses or industries where no previous announcement has been made of
the business' or industry's interest in locating or expanding its facilities in the
community namely in the Hollins Magisterial District
J. CERTIFICATION RESOLUTION
K. 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: June 27, 2023
AGENDA ITEM: The petition of Larry and Rhonda Conner to obtain a special
use permit to operate a short-term rental on approximately
1.32 acres of land zoned R-1, Low Density Residential
District, located at 5859 Bent Mountain Road, Windsor Hill
Magisterial District
SUBMITTED BY: Philip Thompson
Director of Planning
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Agenda item for public hearing and second reading of ordinance for a special use
permit for short-term rental in a residential district.
BACKGROUND:
· The Roanoke County Zoning Ordinance defines a short-term rental as “the
provision of a room or space that is suitable or intended for occupancy for
dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive
days, in exchange for a charge for the occupancy. T his use does not include
existing uses defined in this ordinance including bed and breakfast, bed and
breakfast inn, boarding house, country inn, and hotel/motel/motor lodge.”
· A short-term rental has several use and design standards. In the R -1 and R-2
zoning districts, a special use permit is required for a short-term rental on lots
less than five (5) acres in size.
DISCUSSION:
The Planning Commission held a public hearing on this application on June 6, 2023.
No citizens spoke during the public hearing. The Planning Commission and the
Page 2 of 2
applicant discussed the following: the applicant lists the house on both AirBnB and
VRBO; the applicant has a list of rules for the property on AirBnB and VRBO, which
includes restrictions on parties, noise limitation s, and an overnight occupancy limit of
eight (8) people; short-term rental has been in operation since October 2021, and
petition submitted after staff sent letters out to short-term rental listings.
The Planning Commission recommends approval of the special use permit with one
condition:
1. The number of overnight guests shall not exceed eight (8) people.
FISCAL IMPACT:
There is no fiscal impact on this agenda item.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors approve the second reading of an
ordinance for a special use permit to operate a short -term rental on approximately 1.32
acres on property zoned R-1, Low Density Residential District, with one condition:
1. The number of overnight guests shall not exceed eight (8) peop le.
STAFF REPORT
Petitioner: Larry and Rhonda Conner
Request: To obtain a special use permit to operate a short-term rental on approximately 1.32
acres of land zoned R-1, Low Density Residential District
Tax Parcel:
#096.01-04-19.00-0000
EXECUTIVE SUMMARY:
Larry and Rhonda Conner are petitioning to obtain a special use permit to operate a short-term rental on
approximately 1.32 acres on property zoned R-1, Low Density Residential District, located at 5859 Bent Mountain
Road in the Windsor Hills Magisterial District. The short-term rental is proposed for the entire single family dwelling.
The 2005 Roanoke County Comprehensive Plan indicates this parcel's Future Land Use Designation as
Development. Development is a future land use area where most new neighborhood development will occur,
including large scale planned developments which mix residential with retail and office uses. Innovation in housing
design and environmental sensitivity in site development is a key objective. Clustered developments are encouraged
as is the use of greenways and bike and pedestrian trails. The proposed special use permit is consistent with the
Development future land use designation.
1. APPLICABLE REGULATIONS
The Roanoke County Zoning Ordinance defines a short-term rental as “the provision of a room or space that
is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than
30 consecutive days, in exchange for a charge for the occupancy. This use does not include existing uses
defined in this ordinance including bed and breakfast, bed and breakfast inn, boarding house, country inn,
and hotel/motel/motor lodge.” Section 30-85-24.55 of the Roanoke County Zoning Ordinance contains the
following use and design standards for short-term rentals:
(A) General Standards:
1. The applicant shall obtain a zoning permit prior to the occupation of a room or dwelling for short-
term rental. The zoning permit application shall include, but not be limited to, the following
information:
a. All relevant parcel information including tax map number, zoning district, address, and
magisterial district.
b. The applicant’s name, address, and personal contact information.
for resolving complaints, if different from the applicant.
2. The County shall be notified within thirty (30) days of any change in the applicant’s address or
personal contact information, or any change in the name, address or personal contact information
of the authorized party responsible for resolving complaints.
3. A short-term rental zoning permit expires upon any change in ownership of the property.
4. A short-term rental zoning permit may be revoked by the Zoning Administrator due to the failure of
the applicant to comply with all applicable regulations set forth in this section or elsewhere in the
Zoning Ordinance or County Code.
(B) In the R-1 and R-2 zoning district, the following standard shall apply:
1. A special use permit shall be required on lots less than five (5) acres. Lots that are five (5) acres or
greater in size, a short-term rental shall be considered a use permitted by right.
Since the property for this proposed short-term rental is zoned R-1 and is not five (5) acres or greater, a
2. ANALYSIS OF EXISTING CONDITIONS
Background – This property contains a single-family residence. The Roanoke County assessment records
have estimated that this residence was built in 1945. The applicants purchased the property in June 2020.
In October of 2021, short-term rentals began at the house and the house has been used exclusively as a
short-term rental ever since. The home has four bedrooms and two full bathrooms which can accommodate
up to eight (8) people.
elevation ranges from 1310 feet in the northeastern corner to 1230 feet in the southwestern corner. The
front of the property features a grassy area adorned with a few deciduous trees, while the rear is densely
populated with trees. It’s worth noting that the frontage of the parcel falls within the floodplain, gradually
widening from the southeastern corner to the southwestern corner of the property.
Residential, while to the south and across Bent Mountain Road properties are zoned AR,
Agricultural/Residential. Surrounding uses include single family homes, vacant parcels and a substation for
Appalachian Power (across Bent Mountain Road).
Community Outreach – Approximately 10 letters were mailed out to adjoining property owners. The letters
contained the application information, hearing dates, and aerial map along with direct contact information for
staff and instructions on how to submit comments for the public hearings.
3.ANALYSIS OF PROPOSED DEVELOPMENT
Site Layout/Architecture – There are no proposed changes to the site. The main floor houses three (3)
bedrooms, two (2) bathrooms, a living room, a dining room, a kitchen, and a laundry area. The fourth
bedroom is on the upper level, and the house has a partial unfinished basement where the furnace is
located.
Access/Traffic Circulation – The property features a primary paved access point originating from Bent
Mountain Road, gradually climbing towards the location of the house. Along this access, there is a
designated parking area with ample room for backing up. Furthermore, the main drive splits into a dirt road
that leads to the front section of the property, offering additional parking space if needed.
Agencies Comments
Office of Building Safety – No comments.
Roanoke County Transportation – No comments.
Fire and Rescue – This project will not increase the services provided by Fire and Rescue.
General Services – General Services does not see any issues or have any comments.
Western Virginia Water Authority – No water and sewer available, no comments.
VDOT – It appears from the information provided that granting special use for a short-term rental at
this property will not adversely impact the VDOT right-of-way. Any future expansions or
redevelopment of the parcel or alteration to the existing drive may require VDOT review, approval,
and permitting.
Economic Development - No comments.
Stormwater Operations – No comments.
4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN
The 2005 Roanoke County Comprehensive Plan indicates this parcel's Future Land Use Designation as
Development. Development is a future land use area where most new neighborhood development will
occur, including large scale planned developments which mix residential with retail and office uses.
Innovation in housing design and environmental sensitivity in site development is a key objective. Clustered
developments are encouraged as is the use of greenways and bike and pedestrian trails. The proposed
special use permit is consistent with the Development future land use designation.
5. STAFF CONCLUSIONS
Larry and Rhonda Conner are petitioning to obtain a special use permit to operate a short-term rental on
approximately 1.32 acres on property zoned R-1, Low Density Residential District, located at 5859 Bent
Mountain Rd. in the Windsor Hills Magisterial District. The short-term rental is proposed for the entire single
family dwelling.
The 2005 Roanoke County Comprehensive Plan indicates this parcel's Future Land Use Designation as
Development. Development is a future land use area where most new neighborhood development will
occur, including large scale planned developments which mix residential with retail and office uses.
Innovation in housing design and environmental sensitivity in site development is a key objective. Clustered
special use permit is consistent with the Development future land use designation. Staff suggest one (1)
condition limiting overnight guests to eight (8) people.
CASE NUMBER: #9-5/2023
PREPARED BY: Lionel Cruz-Cruz
HEARING DATES: PC: June 6, 2023 BOS: June 27, 2023
ATTACHMENTS: Application Materials
Maps (Aerial, Zoning, Future Land Use, Floodplain)
R-1 District Regulations
Floodplain Overlay District Regulations
Development 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
²
1:1,128
Roanoke Co. Planning
(540)772-2068
5204 Bernard Dr.
Roanoke VA 24018
Aerial Map
Larry and Ronda
Conner
5859 Bent Mountain Rd.
096.01-04-19.00-0000
Lot Size: 1.32 acres
Current Zoning: R-1
Proposes Zoning: R-1S
Proposed SUP for Short-
Term Rental
Magisterial District:
Windsor Hills
Subject Site
ARSARS
R1R1
ARAR
Roanoke Cou nty, Virginia 2019
Roanoke Cou nty, Virginia2019
0
²
1:2,257
AR
R1
Zoning Map
Larry and Ronda
Conner
5859 Bent Mountain Rd.
096.01-04-19.00-0000
Lot Size: 1.32 acres
Current Zoning: R-1
Proposes Zoning: R-1S
Proposed SUP for Short-
Term Rental
Magisterial District:
Windsor Hills
Zoning
Subject Site
Roanoke Co. Planning
(540)772-2068
5204 Bernard Dr.
Roanoke VA 24018
DEDE
Roanoke Cou nty, Virg inia 2019
Roanoke Cou nty, Virg inia2019
0
²
1:2,257
Future Land Use
Dev elopment
FLU Map
Larry and Ronda
Conner
5859 Bent Mountain Rd.
096.01-04-19.00-0000
Lot Size: 1.32 acres
Current Zoning: R-1
Proposes Zoning: R-1S
Proposed SUP for Short-
Term Rental
Magisterial District:
Windsor Hills
Subject Site
Roanoke Co. Planning
(540)772-2068
5204 Bernard Dr.
Roanoke VA 24018
FLU Map
Larry and Ronda
Conner
5859 Bent Mountain Rd.
096.01-04-19.00-0000
Lot Size: 1.32 acres
Current Zoning: R-1
Proposes Zoning: R-1S
Proposed SUP for Short-
Term Rental
Magisterial District:
Windsor Hills
Future Land Use
Ro a no ke Co unty, Va 2022, Ro a no ke Co unty, So urce: Esri, Ma xa r, Ea rthsta rGeo gra p hics, a nd the GIS User Co m m unity
Ro a no ke Co unty, Virginia2019
0
²
1:1,128
500 yea r Flo o dp la in
Flo o d Pla in
Flo o dwa y
No t in Flo o d Pla in
Subject Site
Roanoke Co. Planning
(540)772-2068
5204 Bernard Dr.
Roanoke VA 24018
Flood Plain Map
Larry and Ronda
Conner
5859 Bent Mountain Rd.
096.01-04-19.00-0000
Lot Size: 1.32 acres
Current Zoning: R-1
Proposes Zoning: R-1S
Proposed SUP for Short-
Term Rental
Magisterial District:
Windsor Hills
Created: 2022-09-29 13:43:13 [EST]
(Supp. No. 36)
Page 1 of 3
SEC. 30-41. R-1 LOW DENSITY RESIDENTIAL DISTRICT.
Sec. 30-41-1. Purpose.
(A) The R-1, low density residential district is established for areas of the county within the urban service area
with existing low-middle density residential development, with an average density of from one (1) to three
(3) units per acre, and land which appears appropriate for such development. These areas are generally
consistent with the neighborhood conservation land use category as recommended in the comprehensive
plan. In addition, where surrounding development and the level of public services warrant, these areas
coincide with the development category recommended in the plan. This district is intended to provide the
highest degree of protection from potentially incompatible uses and residential development of a
significantly different density, size, or scale, in order to maintain the health, safety, appearance and overall
quality of life of existing and future neighborhoods. In addition to single-family residences, only uses of a
community nature which are generally deemed compatible are permitted in this district. This would include
parks and playgrounds, schools and other similar neighborhood activities.
(Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08)
Sec. 30-41-2. Permitted uses.
(A) The following uses are permitted by right subject to all other applicable requirements contained in this
ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV,
use and design standards, for those specific uses.
1. Agricultural and Forestry Uses
Stable, Private*
2. Residential Uses
Accessory Apartment*
Home Beauty/Barber Salon *
Home Occupation, Type I *
Manufactured Home *
Manufactured Home, Emergency *
Multiple Dog Permit*
Residential Human Care Facility
Single-Family Dwelling, Attached *
Single Family Dwelling, Attached (Cluster Subdivision Option) *
Single Family Dwelling, Detached
Single Family Dwelling, Detached (Cluster Subdivision Option) *
Single Family Dwelling, Detached (Zero Lot Line Option) *
3. Civic Uses
Community Recreation *
Created: 2022-09-29 13:43:13 [EST]
(Supp. No. 36)
Page 2 of 3
Family Day Care Home *
Park and Ride Facility *
Public Parks and Recreational Areas *
Utility Services, Minor
4. Commercial Uses
Bed and Breakfast *
Short-Term Rental *
5. Miscellaneous Uses
Amateur Radio Tower *
Wind Energy System, Small*
(B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates
additional, modified or more stringent standards as listed in article IV, use and design standards, for those
specific uses.
1. Residential Uses
Alternative Discharging Sewage System *
2. Civic Uses
Cemetery *
Crisis Center
Day Care Center *
Educational Facilities, Primary/Secondary *
Religious Assembly *
Utility Services, Major *
3. Commercial Uses
Golf Course *
4. Miscellaneous Uses
Outdoor Gatherings *
(Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, §§ 3, 8, 6-22-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No.
62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042500-9, § II, 4-25-00; Ord. No. 072605-7, § 1, 7-
26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22 , § 1, 5-26-09; Ord. No. 030811-1 , § 1, 3-8-11; Ord.
No. 052411-9 , § 1, 5-24-11; Ord. No. 111213-15 , § 1, 11-12-13; Ord. No. 020921-8 , § 1, 2-9-21)
Sec. 30-41-3. Site Development Regulations.
General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use
and Design Standards.
(A) Minimum lot requirements.
1. All lots served by private well and sewage disposal systems:
Created: 2022-09-29 13:43:13 [EST]
(Supp. No. 36)
Page 3 of 3
a. Area: 0.75 acre (32,670 square feet).
b. Frontage: 90 feet on a publicly owned and maintained street.
2. Lots served by either public sewer or water:
a. Area: 20,000 square feet.
b. Frontage: 75 feet on a publicly owned and maintained street.
3. All lots served by both public sewer and water:
a. Area: 7,200 square feet.
b. Frontage: 60 feet on a publicly owned and maintained street.
(B) Minimum setback requirements.
1. Front yard:
a. Principal structures: 30 feet.
b. Accessory structures: Behind the front building line.
2. Side yard:
a. Principal structures: 10 feet.
b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line.
3. Rear yard:
a. Principal structures: 25 feet.
b. Accessory structures: 3 feet.
4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.
(C) Maximum height of structures.
1. Height limitations:
a. Principal structures: 45 feet.
b. Accessory structures: 15 feet, or 25 feet provided they comply with the setback
requirements for principal structures.
(D) Maximum coverage.
1. Building coverage: 35 percent of the total lot area for all buildings and 7 percent for accessory
buildings.
2. Lot coverage: 50 percent of the total lot area.
(Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 42694-12, § 8, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08; Ord. No.
111213-15 , § 1, 11-12-13)
Created: 2022-09-29 13:43:15 [EST]
(Supp. No. 36)
Page 1 of 15
SEC. 30-74. FO FLOODPLAIN OVERLAY DISTRICT.1
Sec. 30-74-1. Purpose.
(A) The purpose of the Floodplain Overlay (FO) District is to provide mandatory floodplain restrictions for Federal
Emergency Management Agency (FEMA) compliance. The purpose of these floodplain provisions is to
prevent the following:
1. The loss of life, health or property;
2. The creation of health and safety hazards;
3. The disruption of commerce and governmental services;
4. The extraordinary and unnecessary expenditure of public funds for flood protection and relief; and
5. The impairment of the tax base.
(B) These provisions are designed to accomplish the above purposes by:
1. Regulating uses, activities, and development which, acting alone or in combination with other existing
or future uses, activities, and development, will cause unacceptable increases in flood heights,
velocities, and frequencies;
2. Restricting or prohibiting certain uses, activities, and development from locating within areas subject
to flooding;
3. Requiring all those uses, activities, and developments that do occur in flood-prone areas to be
protected and/or flood-proofed against flooding and flood damage; and
4. Protecting individuals from buying lands and structures which are unsuited for intended purposes
because of flood hazards.
(Ord. No. 090820-14 , § 1, 9-8-20)
Sec. 30-74-2. Applicability and Administration.
(A) These provisions shall apply to all lands within the jurisdiction of Roanoke County and identified as special
flood hazard areas (SFHAs), shown on the flood insurance rate map (FIRM) or included in the flood insurance
study (FIS) provided to Roanoke County by FEMA.
(B) These provisions shall supersede any regulations currently in effect in floodplain areas. Where conflict exists
between these provisions and those of any underlying zoning district, the more restrictive provisions shall
apply.
1Editor's note(s)—Ord. No. 090820-14 , § 1, adopted September 8, 2020, in effect, repealed § 30-74, §§ 30-74-1—
30-74-13 and enacted a new § 30-74 as set out herein. Former § 30-74 pertained to similar subject matter
and derived from Ord. No. 92893-18, § 1, adopted September 28, 1993; Ord. No. 42694-12, §§ 10, 11,
adopted April 26, 1994; Ord. No. 92695-18, § 1, adopted September 26, 1995; Ord. No. 042799-11, §§ 1c., 1f,
adopted April 27, 1999; Ord. No. 012505-4, § 1, adopted January 25, 2005; and Ord. No. 082807-19, § 1,
adopted August 28, 2007.
Created: 2022-09-29 13:43:15 [EST]
(Supp. No. 36)
Page 2 of 15
(C) In the event any provision concerning a floodplain area is declared inapplicable as a result of any legislative
or administrative actions or judicial discretion, the basic underlying zoning district provisions shall remain
applicable.
(Ord. No. 090820-14 , § 1, 9-8-20)
Sec. 30-74-3. Compliance.
(A) No land shall hereafter be developed and no structure shall be located, relocated, constructed, enlarged, or
structurally altered except in full compliance with the terms and provisions of this section and any other
applicable ordinances and regulations which apply to uses within the jurisdiction of this section.
(B) The degree of flood protection sought by the provisions of this section is considered reasonable for
regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood
protection. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or
natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that
areas outside floodplain areas, or that land uses permitted within such areas, will be free from flooding or
flood damages.
(C) This ordinance shall not create liability on the part of Roanoke County or any officer or employee thereof for
any flood damages that result from reliance on this ordinance or any administrative decision lawfully made
thereunder.
(Ord. No. 090820-14 , § 1, 9-8-20)
Sec. 30-74-4. Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared invalid
for any reason whatever, such decision shall not affect the remaining portions of this ordinance. The remaining
portions shall remain in full force and effect; and for this purpose, the provisions of this ordinance are hereby
declared to be severable.
(Ord. No. 090820-14 , § 1, 9-8-20)
Sec. 30-74-5. Designation of the Floodplain Administrator.
The county administrator shall designate the floodplain administrator for Roanoke County.
(Ord. No. 090820-14 , § 1, 9-8-20)
Sec. 30-74-6. Duties and Responsibilities of the Floodplain Administrator.
The duties and responsibilities of the floodplain administrator shall include but are not limited to:
(A) Review applications for permits to determine whether proposed activities will be located in the special
flood hazard area (SFHA).
(B) Interpret floodplain boundaries and provide available base flood elevation and flood hazard
information.
(C) Review applications to determine whether proposed activities will be reasonably safe from flooding
and require new construction and substantial improvements to meet the requirements of these
regulations.
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(D) Review applications to determine whether all necessary permits have been obtained from the federal,
state or local agencies from which prior or concurrent approval is required; in particular, permits from
state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or
waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any
change of the course, current, or cross section of a stream or body of water, including any change to
the one hundred-year frequency floodplain of free-flowing non-tidal waters of the state.
(E) Verify that applicants proposing an alteration of a watercourse have notified adjacent communities,
the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management),
and other appropriate agencies (Virginia Department of Environmental Quality (VADEQ), United States
Army Corps of Engineers (USACE)) and have submitted copies of such notifications to FEMA.
(F) Approve applications and issue permits to develop in flood hazard areas if the provisions of these
regulations have been met, or disapprove applications if the provisions of these regulations have not
been met.
(G) Inspect or cause to be inspected, buildings, structures, and other development for which permits have
been issued to determine compliance with these regulations or to determine if non-compliance has
occurred or violations have been committed.
(H) Review elevation certificates and require incomplete or deficient certificates to be corrected.
(I) Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain
the FIRM, including hydrologic and hydraulic engineering analyses prepared by or for Roanoke County,
within six (6) months after such data and information becomes available if the analyses indicate
changes in base flood elevations.
(J) Maintain and permanently keep records that are necessary for the administration of these regulations,
including:
1. Flood insurance studies, flood insurance rate maps (including historic studies and maps and
current effective studies and maps) and letters of map change (LOMC); and
2. Documentation supporting issuance and denial of permits, elevation certificates, documentation
of the elevation (in relation to the datum on the FIRM) to which structures have been flood-
proofed, inspection records, other required design certifications, variances, and records of
enforcement actions taken to correct violations of these regulations.
(K) Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop
work orders and require permit holders to take corrective action.
(L) Advise the board of zoning appeals (BZA) regarding the intent of these regulations and, for each
application for a variance, prepare a staff report and recommendation.
(M) Administer the requirements related to proposed work on existing buildings:
1. Make determinations in consultation with the building official as to whether buildings and
structures that are located in flood hazard areas and that are damaged by any cause have been
substantially damaged.
2. Make reasonable efforts to notify owners of substantially damaged structures of the need to
obtain a permit to repair, rehabilitate, or reconstruct. Prohibit the non-compliant repair of
substantially damaged buildings except for temporary emergency protective measures necessary
to secure a property or stabilize a building or structure to prevent additional damage.
(N) Undertake other actions which may include but are not limited to: issuing press releases, public service
announcements, and other public information materials related to permit requests and repair of
damaged structures; coordinating with other federal, state, and local agencies to assist with substantial
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damage determinations; providing owners of damaged structures information related to the proper
repair of damaged structures in special flood hazard areas; and assisting property owners with
documentation necessary to file claims for increased cost of compliance coverage under the National
Flood Insurance Program (NFIP) flood insurance policies.
(O) Notify FEMA when the corporate boundaries of Roanoke County have been modified and:
1. Provide a map that clearly delineates the new corporate boundaries or the new area for which
the authority to regulate pursuant to these regulations has either been assumed or relinquished
through annexation; and
2. If the FIRM for any annexed area includes special flood hazard areas that have flood zones that
have regulatory requirements that are not set forth in these regulations, prepare amendments to
these regulations to adopt the FIRM and appropriate requirements, and submit the amendments
to the governing body for adoption; such adoption shall take place at the same time as or prior to
the date of annexation and a copy of the amended regulations shall be provided to Department
of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.
(P) Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which
may request information regarding the number of buildings in the SFHA, number of permits issued for
development in the SFHA, and number of variances issued for development in the SFHA.
(Q) It is the duty of the floodplain administrator to take into account flood, mudslide and flood-related
erosion hazards, to the extent that they are known, in all official actions relating to land management
and use throughout the entire jurisdictional area of the community, whether or not those hazards have
been specifically delineated geographically (e.g. via mapping or surveying).
(Ord. No. 090820-14 , § 1, 9-8-20)
Sec. 30-74-7. Use and Interpretation of FIRMS.
The floodplain administrator shall make interpretations, where needed, as to the exact location of SFHAs,
floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMs
and data:
(A) Where field surveyed topography indicates that adjacent ground elevations:
1. Are below the base flood elevation in riverine SFHAs, even in areas not delineated as a special
flood hazard area on a FIRM, the area shall be considered as SFHA and subject to the
requirements of these regulations;
2. Are above the base flood elevation and the area is labelled as a SFHA on the FIRM, the area shall
be regulated as SFHA unless the applicant obtains a letter of map change that removes the area
from the SFHA.
(B) In FEMA-identified SFHAs where base flood elevation and floodway data have not been identified and
in areas where FEMA has not identified SFHAs, any other flood hazard data available from a federal,
state, or other source shall be reviewed and reasonably used.
(C) Base flood elevations and designated floodway boundaries on the FIRM and in the FIS shall take
precedence over base flood elevations and floodway boundaries by any other sources if such sources
show reduced floodway widths and/or lower base flood elevations.
(D) Other sources of data shall be reasonably used if such sources show increased base flood elevations
and/or larger floodway areas than are shown on the FIRM and in the FIS.
(E) If a preliminary FIRM and/or a preliminary FIS has been provided by FEMA:
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1. Upon the issuance of a letter of final determination by FEMA, the preliminary flood hazard data
shall be used and shall replace the flood hazard data previously provided from FEMA for the
purposes of administering these regulations.
2. Prior to the issuance of a letter of final determination by FEMA, the use of preliminary flood
hazard data shall be deemed the best available data pursuant to Section 30-74-8(A)3 and used
where no base flood elevations and/or floodway areas are provided on the effective FIRM.
3. Prior to issuance of a letter of final determination by FEMA, the use of preliminary flood hazard
data is permitted where the preliminary base flood elevations or floodway areas exceed the base
flood elevations and/or designated floodway widths in existing flood hazard data provided by
FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.
(Ord. No. 090820-14 , § 1, 9-8-20)
Sec. 30-74-8. Delineation of Areas.
(A) The various special flood hazard areas shall include the SFHAs. The basis for the delineation of these areas
shall be the FIS and the FIRM for Roanoke County prepared by FEMA, dated September 28, 2007, as
amended, and any subsequent revisions or amendments thereto.
Roanoke County may identify and regulate local flood hazard and ponding areas that are not delineated on
the FIRM. These areas may be noted on a "Local Flood Hazard Map" using the best available topographic data and
locally derived information such as flood of record, historic high water marks or approximate study methodologies.
The boundaries of the SFHAs are established as shown on the FIRM which is declared to be a part of this
ordinance and which shall be kept on file at the Roanoke County offices. These areas are more specifically defined
as follows:
1. The floodway is part of an AE Zone and is delineated, for purposes of this section, using the criteria that
a certain area within the floodplain must be capable of carrying the waters of the one percent annual
chance flood without increasing the water surface elevation of that flood more than one foot at any
point. These floodways are specifically defined in Table 5 of the above referenced FIS and shown on the
accompanying FIRM.
The following provisions shall apply within the floodway of an AE zone:
a. Within any floodway area, no encroachments, including fill, new construction, substantial
improvements, or other development shall be permitted unless it has been demonstrated
through hydrologic and hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment will not result in any increase in flood levels within the
community during the occurrence of the base flood discharge. Hydrologic and hydraulic analyses
shall be undertaken only by professional engineers or others of demonstrated qualifications, who
shall certify that the technical methods used correctly reflect currently-accepted technical
concepts. Studies, analyses, computations and other required information shall be submitted in
sufficient detail to allow a thorough review by the floodplain administrator.
Development activities which increase the water surface elevation of the base flood may be
allowed, provided that the applicant first applies—with Roanoke County's endorsement—for a
conditional letter of map revision (CLOMR), and receives the approval of the FEMA.
Once approved by FEMA, all new construction and substantial improvements shall comply with
all applicable flood hazard reduction provisions of Sections 30-74-13 and 30-74-15.
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b. The placement of manufactured homes (mobile homes) is prohibited, except in an existing
manufactured home park or subdivision. A replacement manufactured home may be placed on a
lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and
encroachment standards are met.
2. The AE or AH Zones that are designated as AE or AH Zones on the FIRM accompanying the FIS shall be
the areas for which one percent annual chance flood elevations have been provided and the floodway
has not been delineated. The following provisions shall apply within an AE or AH zone where FEMA has
provided base flood elevations:
a. Until a regulatory floodway is designated, no new construction, substantial improvements, or
other development (including fill) shall be permitted within the SFHA, designated as Zones AE or
AH on the FIRM, unless it is demonstrated that the cumulative effect of the proposed
development, when combined with all other existing and anticipated development, will not
increase the water surface elevation of the base flood more than one foot at any point within
Roanoke County.
Development activities in Zones AE or AH on the County of Roanoke's FIRM which increase the water
surface elevation of the base flood by more than one foot may be allowed, provided that the applicant
first applies—with Roanoke County's endorsement—for a CLOMR, and receives the approval of FEMA.
3. The A Zone, or approximated floodplain, on the FIRM accompanying the FIS, shall be those floodplain
areas for which no detailed flood profiles or elevations are provided, but the one percent annual
chance floodplain boundary has been approximated, and all other floodplain areas where the drainage
area is greater than one hundred (100) acres. For these areas, the following provisions shall apply:
a. The base flood elevations and floodway information from federal, state, and other acceptable
sources shall be used, when available. Where the specific one percent annual chance flood
elevation cannot be determined for this area using other sources of data, such as the USACE
Floodplain Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, and similar
sources, then the applicant for the proposed use, development and/or activity shall determine
this base flood elevation. For development proposed in the approximate floodplain the applicant
must use technical methods that correctly reflect currently accepted practices, such as point on
boundary, high water marks, or detailed methodologies hydrologic and hydraulic analyses.
Studies, analyses, computations, and other information shall be submitted in sufficient detail to
allow a thorough review by the floodplain administrator.
b. The floodplain administrator reserves the right to require a hydrologic and hydraulic analysis for
any development. When such base flood elevation data is utilized, the lowest floor shall be
elevated to or above the base flood level plus twelve (12) inches for non-residential structures
and twenty-four (24) inches for residential structures.
c. During the permitting process, the floodplain administrator shall obtain:
i. The elevation of the lowest floor (in relation to mean sea level), including the basement, of
all new and substantially improved structures; and,
ii. If the structure has been flood-proofed in accordance with the requirements of Section 30-
74, the elevation (in relation to mean sea level) to which the structure has been flood-
proofed.
Base flood elevation data shall be obtained from other sources or developed using detailed
methodologies comparable to those contained in a FIS for subdivision proposals and other proposed
development proposals (including manufactured home parks and subdivisions) that exceed fifty (50)
lots or five (5) acres, whichever is the lesser.
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4. The AO Zone, shall be those areas of shallow flooding identified as AO on the FIRM accompanying the
FIS. For these areas, the following provisions shall apply:
a. All new construction and substantial improvements of residential structures shall have the lowest
floor, including basement, elevated to or above the flood depth specified on the FIRM, above the
highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no
flood depth number is specified, the lowest floor, including basement, shall be elevated no less
than two (2) feet above the highest adjacent grade.
b. All new construction and substantial improvements of non-residential structures shall:
i. Have the lowest floor, including basement, elevated to or above the flood depth specified
on the FIRM, above the highest adjacent grade at least as high as the depth number
specified in feet on the FIRM. If no flood depth number is specified, the lowest floor,
including basement, shall be elevated at least two (2) feet above the highest adjacent
grade; or,
ii. Together with attendant utility and sanitary facilities be completely flood-proofed to the
specified flood level so that any space below that level is watertight with walls substantially
impermeable to the passage of water and with structural components having the capability
of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
c. Adequate drainage paths around structures on slopes shall be provided to guide floodwaters
around and away from proposed structures.
(B) The mapped floodplain, includes all of the above regions and also the regions designated as having a 0.2
percent annual chance of flooding on any flood map or flood insurance study. In this area, no new
emergency service, medical service, or governmental records storage shall be allowed except through the
variance process.
(Ord. No. 090820-14 , § 1, 9-8-20)
Sec. 30-74-9. Creation of Overlay.
(A) The floodplain areas described above shall be an overlay to the existing underlying zoning districts as shown
on the official zoning map, and as such, the provisions for the floodplain areas shall serve as a supplement to
the underlying zoning district provisions.
(B) The boundaries of the floodplain areas are established as shown on the FIRM which is declared to be part of
this chapter and which shall be kept on file in the office of the floodplain administrator.
(Ord. No. 090820-14 , § 1, 9-8-20)
Sec. 30-74-10. Floodplain Boundary Changes and Interpretation.
(A) In regards to jurisdictional boundary changes, the county floodplain ordinance in effect on the date of
annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the
municipality adopts and enforces an ordinance which meets the requirements for participation in the
National Flood Insurance Program. Municipalities with existing floodplain ordinances shall pass a resolution
acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to annexation
of any area containing identified flood hazards. If the FIRM for any annexed area includes special flood
hazard areas that have flood zones that have regulatory requirements that are not set forth in these
regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and
submit the amendments to the governing body for adoption; such adoption shall take place at the same time
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as or prior to the date of annexation and a copy of the amended regulations shall be provided to Department
of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.
In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22(a)(9)(v) all NFIP
participating communities must notify the Federal Insurance Administration (FIA) and optionally the State
Coordinating Office in writing whenever the boundaries of the community have been modified by annexation or
the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management
regulations for a particular area.
In order that the FIRM accurately represent the community's boundaries, a copy of a map of the community
suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has
assumed or relinquished floodplain management regulatory authority must be included with the notification.
(B) The delineation of any of the floodplain areas may be revised by Roanoke County where natural or man-
made changes have occurred and/or where more detailed studies have been conducted or undertaken by
USACE or other qualified agency, or an individual documents the need for such change. However, prior to
any such change, approval must be obtained from FEMA. A completed LOMR is a record of this approval.
(C) Initial interpretations of the boundaries of the floodplain areas shall be made by the floodplain
administrator. Should a dispute arise concerning the boundaries of any of the floodplain areas, the BZA shall
make the necessary determination. The person questioning or contesting the location of the floodplain area
boundary shall be given an opportunity to present his case to the BZA and to submit technical evidence.
Procedures for such appeals shall be as outlined in Section 30-24 of this ordinance.
(Ord. No. 090820-14 , § 1, 9-8-20)
Sec. 30-74-11. Submitting Model Backed Technical Data.
A community's base flood elevations may increase or decrease resulting from physical changes affecting
flooding conditions. As soon as practicable, but not later than six (6) months after the date such information
becomes available, a community shall notify FEMA of the changes by submitting technical or scientific data. Such a
submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk
premium rates and floodplain management requirements will be based upon current data.
(Ord. No. 090820-14 , § 1, 9-8-20)
Sec. 30-74-12. Letters of Map Revision (LOMR).
(A) When development in the floodplain will cause or causes a change in the base flood elevation, the applicant,
including state agencies, must notify FEMA by applying for a CLOMR and then a LOMR. Example cases may
include, but not be limited to:
1. Any development within the floodway that causes a rise in the base flood elevations.
2. Any development occurring in Zones A1-30 and AE without a designated floodway, which will cause a
rise of more than one foot in the base flood elevation.
3. Alteration or relocation of a stream (including, but not limited to, installing culverts and bridges) 44
Code of Federal Regulations §65.3 and §65.6(a)(12).
(Ord. No. 090820-14 , § 1, 9-8-20)
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Sec. 30-74-13. Floodplain Area Provisions, Generally.
(A) All uses, activities, and development occurring within any floodplain area, including placement of
manufactured homes, shall be undertaken only upon the issuance of a permit. Such development shall be
undertaken only in strict compliance with the provisions of this section and with all other applicable codes
and ordinances such as the Virginia Uniform Statewide Building Code (VA USBC) and the Roanoke County
Subdivision Ordinance. Prior to the issuance of any such permit, the floodplain administrator shall require all
applications to include compliance with all applicable state and federal laws and shall review all sites to
assure they are reasonably safe from flooding. Under no circumstances shall any use, activity, and/or
development adversely affect the capacity of the channels or floodways or any watercourse, drainage ditch,
or any other drainage facility or system.
(B) All applications for development in the floodplain district and all building permits issued for the floodplain
shall incorporate the following information:
1. For structures to be elevated, the elevation of the lowest floor (including basement).
2. For structures to be flood-proofed (non-residential only), the elevation to which the structure will be
flood-proofed.
3. The elevation of the base flood at the site.
4. Topographic information showing existing and proposed ground elevations.
(C) For all new subdivisions which adjoin or include floodplain areas identified in the FIS, the base flood
elevation shall be shown on the final record plat.
(D) The following provisions shall apply to all permits:
1. New construction and substantial improvements shall be built according to Section 30-74-8 of this
ordinance and the VA USBC, and anchored to prevent flotation, collapse or lateral movement of the
structure.
2. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods
of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
This standard shall be in addition to and consistent with applicable state anchoring requirements for
resisting wind forces.
3. New construction and substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage.
4. New construction or substantial improvements shall be constructed by methods and practices that
minimize flood damage.
5. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities,
including duct work, shall be designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
6. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of
flood waters into the system.
7. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration
of flood waters into the systems and discharges from the systems into flood waters.
8. On-site waste disposal systems shall be located and constructed to avoid impairment to them or
contamination from them during flooding.
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9. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, or other
water feature, within this jurisdiction a permit shall be obtained from the USACE, the VADEQ, and the
Virginia Marine Resources Commission (a joint permit application is available from any of these
organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the
applicant to all affected adjacent jurisdictions, the Virginia Department of Conservation and Recreation
(Division of Dam Safety and Floodplain Management), other required agencies, and FEMA.
10. The flood carrying capacity within an altered or relocated portion of any watercourse shall be
maintained.
(Ord. No. 090820-14 , § 1, 9-8-20)
Sec. 30-74-14. Floodway Development Regulations.
(A) In the floodway no development shall be permitted except where the effect of such development on flood
heights is fully offset by accompanying improvements which have been approved by all appropriate
authorities as required above.
(B) The placement of any manufactured home, except in an existing manufactured home park within the
floodway is specifically prohibited.
(C) In the floodway, the following uses, types and activities are permitted provided that (1) they are in
compliance with the provisions of the underlying zoning district, (2) are not prohibited by any other
ordinance and (3) no specific land use requires any type of structure, fill, or storage of materials and
equipment:
1. Agricultural;
2. Public parks and recreational areas;
3. Outdoor sports and recreation;
4. Golf courses;
5. Accessory residential uses such as yard areas, gardens, play areas, and loading areas;
6. Accessory industrial and commercial uses such as, but not limited to, yard areas, parking and loading
areas, and airport landing strips.
(Ord. No. 090820-14 , § 1, 9-8-20)
Sec. 30-74-15. Elevation and Construction Standards.
In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated
by a certified professional in accordance with Section 30-74-8, the following provisions shall apply:
(A) Residential construction. New construction or substantial improvement of any residential structure
(including manufactured homes) in Zones AE, AH and A with detailed base flood elevations shall have
the lowest floor, including basement, elevated to or above the base flood level plus twenty-four (24)
inches. Equipment or mechanical items for all residential buildings constructed, substantially improved,
and/or reconstructed due to substantial damage shall be elevated to or above the base flood level plus
twelve (12) inches.
(B) Non-residential construction.
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1. New construction or substantial improvement of any commercial, industrial, or non-residential
building (or manufactured home) shall have the lowest floor, including basement, elevated to or
above the base flood level plus twelve (12) inches.
2. Non-residential buildings located in all AE, and AH zones may be flood-proofed in lieu of being
elevated provided that all areas of the building components below the elevation corresponding
to the BFE plus two (2) feet are water tight with walls substantially impermeable to the passage
of water, and use structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect
shall certify that the standards of this subsection are satisfied. Such certification, including the
specific elevation (in relation to mean sea level) to which such structures are flood-proofed, shall
be maintained by the floodplain administrator.
(C) Space below the lowest floor. In zones A, AE, AH, and AO, fully enclosed areas, of new construction or
substantially improved structures, which are below the regulatory flood protection elevation shall:
1. Not be designed or used for human habitation, but shall be used solely for parking of vehicles,
building access, or limited storage of maintenance equipment used in connection with the
premises. Access to the enclosed area shall be the minimum necessary to allow for parking of
vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or
entry to the living area (stairway or elevator);
2. Be constructed entirely of flood resistant materials below the regulatory flood protection
elevation;
3. Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the
entry and exit of floodwaters. To meet this requirement, the openings must either be certified by
a professional engineer or architect or meet the following minimum design criteria:
a. Provide a minimum of two (2) openings on different sides of each enclosed area subject to
flooding.
b. The total net area of all openings must be at least one square inch for each square foot of
enclosed area subject to flooding.
c. If a building has more than one enclosed area, each area must have openings to allow
floodwaters to automatically enter and exit.
d. The bottom of all required openings shall be no higher than one foot above the adjacent
grade.
e. Openings may be equipped with screens, louvers, or other opening coverings or devices,
provided they permit the automatic flow of floodwaters in both directions.
f. Foundation enclosures made of flexible skirting are not considered enclosures for
regulatory purposes, and, therefore, do not require openings. Masonry or wood
underpinning, regardless of structural status, is considered an enclosure and requires
openings as outlined above.
(D) Accessory structures. Accessory structures in the SFHA shall comply with the elevation requirements
and other requirements of 30-74-15(B) or, if not elevated or dry flood-proofed, shall:
1. Not be used for human habitation;
2. Be limited to no more than six hundred (600) square feet in total floor area;
3. Be useable only for parking of vehicles or limited storage;
4. Be constructed with flood damage-resistant materials below the base flood elevation;
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5. Be constructed and placed to offer the minimum resistance to the flow of floodwaters;
6. Be anchored to prevent flotation;
7. Have electrical service and mechanical equipment elevated to or above the base flood elevation;
8. Shall be provided with flood openings which shall meet the following criteria:
a. There shall be a minimum of two (2) flood openings on different sides of each enclosed
area; if a building has more than one enclosure below the lowest floor, each such enclosure
shall have flood openings on exterior walls.
b. The total net area of all flood openings shall be at least one square inch for each square
foot of enclosed area (non-engineered flood openings), or the flood openings shall be
engineered flood openings that are designed and certified by a licensed professional
engineer to automatically allow entry and exit of floodwaters; the certification requirement
may be satisfied by an individual certification or an evaluation report issued by the ICC
Evaluation Service, Inc.
c. The bottom of each flood opening shall be one foot or less above the higher of the interior
floor or grade, or the exterior grade, immediately below the opening.
d. Any louvers, screens or other covers for the flood openings shall allow the automatic flow
of floodwaters into and out of the enclosed area.
(E) Standards for manufactured homes and recreational vehicles.
1. All manufactured homes placed, or substantially improved, on individual lots or parcels, must
meet all the requirements for new construction, including the elevation and anchoring
requirements in Section 30-74-13 and Section 30-74-15.
2. All recreational vehicles located in a FEMA designated floodplain shall either:
a. Be on site for fewer than one hundred eighty (180) consecutive days, be fully licensed and
inspected, and ready for highway use; or
b. Meet the minimum requirements for placement and the elevation and anchoring
requirements for manufactured homes as contained in the VA USBC; or
c. Be fully licensed and highway ready. A recreational vehicle is ready for highway use if it is
on its wheels or jacking system, is attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached additions.
(F) Standards for subdivision proposals.
1. All subdivision proposals shall be consistent with the need to minimize flood damage;
2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and
water systems located and constructed to minimize flood damage;
3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
hazards; and
4. When the FIS does not provide detailed base flood elevations, base flood elevation data shall be
obtained from other sources or developed using detailed methodologies, hydraulic and
hydrologic analysis, comparable to those contained in a flood insurance study for subdivision
proposals and other proposed development proposals (including manufactured home parks and
subdivisions) that exceed fifty (5) lots or five (5) acres, whichever is the lesser.
(Ord. No. 090820-14 , § 1, 9-8-20)
Created: 2022-09-29 13:43:15 [EST]
(Supp. No. 36)
Page 13 of 15
Sec. 30-74-16. Existing Structures in Floodplain Areas.
(A) Any structure or use of a structure or premises must be brought into conformity with these provisions when
it is changed, repaired, or improved unless one of the following exceptions is established before the change:
1. The floodplain administrator has determined that:
a. Change is not a substantial repair or substantial improvement; and
b. No new square footage is being built in the floodplain that is not compliant; and
c. No new square footage is being built in the floodway; and
d. The change complies with the zoning ordinance and the VA USBC.
2. The changes are required to comply with a citation for a health and safety violation.
3. The structure is a historic structure and the change requires would impair the historic nature of the
structure.
(Ord. No. 090820-14 , § 1, 9-8-20)
Sec. 30-74-17. Variances.
(A) Variances shall be issued only upon a showing of good and sufficient cause, and after the BZA has
determined that failure to grant the variance would result in exceptional hardship to the applicant.
While the granting of variances generally is limited to a lot size less than one-half (½) acre, deviations from
that limitation may occur. However, as the lot size increases beyond one-half (½) acre, the technical justification
required for issuing a variance increases. Variances may be issued by the BZA for new construction and substantial
improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level, in conformance with the provisions of this section.
Variances may be issued for new construction and substantial improvements and for other development
necessary for the conduct of a functionally dependent use provided that the criteria of this section are met, and
the structure or other development is protected by methods that minimize flood damages during the base flood
and create no additional threats to public safety.
In passing upon applications for variances, the BZA shall satisfy all relevant factors and procedures set forth
in Section 30-24-1 et seq. of the zoning ordinance and consider the following additional factors:
1. The danger to life and property due to increased flood heights or velocities caused by encroachments.
No variance shall be granted for any proposed use, development, or activity within any floodway
district that will cause any increase in the one percent chance flood elevation.
2. The danger that materials may be swept on to other lands or downstream to the injury of others.
3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease,
contamination, and unsanitary conditions.
4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the individual owners.
5. The importance of the services provided by the proposed facility to the county.
6. The requirements of the facility for a waterfront location.
7. The availability of alternative locations not subject to flooding for the proposed use.
Created: 2022-09-29 13:43:15 [EST]
(Supp. No. 36)
Page 14 of 15
8. The compatibility of the proposed use with existing development and development anticipated in the
foreseeable future.
9. The relationship of the proposed use to the comprehensive plan and floodplain management program
for the county.
10. The safety of access by ordinary and emergency vehicles to the property in time of flood.
11. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters
expected at the site.
12. The historic nature of a structure. Variances for repair or rehabilitation of historic structures may be
granted upon a determination that the proposed repair or rehabilitation will not preclude the
structure's continued designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
13. No variance shall be granted for an accessory structure exceeding six hundred (600) square feet.
14. Such other factors which are relevant to the purposes of this Ordinance.
(B) The BZA may refer any application and accompanying documentation pertaining to any request for a
variance to any engineer or other qualified person or agency for technical assistance in evaluating the
proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and
other related matters. Variances shall only be issued after the BZA has determined that the granting of such
will not result in:
1. Unacceptable or prohibited increases in flood heights;
2. Additional threats to public safety;
3. Extraordinary public expense;
4. Creation of nuisances;
5. Fraud or victimization of the public; or
6. Conflict with local laws or ordinances.
Variances shall only be issued after the BZA has determined that the variance will be the minimum to provide
relief.
(C) The BZA shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a
structure below the one percent flood elevation (a) increases the risks to life and property, and (b) will result
in increased premium rates for flood insurance. A record of the above notification as well as all variance
actions, including justification for their issuance, shall be maintained and any variances which are issued shall
be noted in the annual report submitted to the FIA.
(Ord. No. 090820-14 , § 1, 9-8-20)
Sec. 30-74-18. Records.
Records of actions associated with administering this ordinance shall be kept on file and maintained by or
under the direction of the floodplain administrator in perpetuity.
(Ord. No. 090820-14 , § 1, 9-8-20)
Created: 2022-09-29 13:43:15 [EST]
(Supp. No. 36)
Page 15 of 15
Sec. 30-74-19. Violations.
The failure of a structure or other development to be fully compliant with the county's floodplain
management regulations shall be considered a violation. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance required in Sections 30-74-13(9), 30-74-15(B)2,
30-74-15(E)4, and 30-74-16(A) is presumed to be in violation until such time as that documentation is provided.
(Ord. No. 090820-14 , § 1, 9-8-20)
Sec. 30-74-20. Penalty for violations.
Section 30-22 of the zoning ordinance contains provisions for enforcement of this section and penalties that
apply for violations.
(Ord. No. 090820-14 , § 1, 9-8-20)
Development: A future land use area where most new neighborhood development will occur,
including large-scale planned developments which mix residential with retail and office uses.
Innovation in housing design and environmental sensitivity in site development is a key
objective. Clustered developments are encouraged as is the use of greenways and bike and
pedestrian trails.
Land Use Types: Conventional Residential - Single-family developments in conventional
lots. Includes attached, detached and zero-lot line housing options.
Greenways and bike and pedestrian trails are encouraged.
Cluster Residential - Single family developments with similar gross
density of conventional subdivisions but individual lot sizes may be
reduced to accommodate the clustering of housing while allocating
common open space. Includes attached, detached and zero-lot line
housing options. Greenways and bike and pedestrian trails are
encouraged.
Multi-family - Developments of 6-12 units per acre. Clustering is
encouraged as are greenways and bike and pedestrian trails.
Planned Residential Development - Mixed housing types at a gross density
range of 4-8 units per acre. Includes conventional housing, cluster
housing, zero lot-line housing, townhouses and garden apartments.
Greenways and bike and pedestrian trails are encouraged.
Planned Community Development - Planned residential development
mixed with office parks, neighborhood shopping centers and supporting
retail development. The majority of the development is residential with a
maximum limit set on the retail land. Greenways and bike and pedestrian
trails are encouraged.
Community Activity Centers - Facilities which serve the neighboring
residents including parks, schools, religious assembly facilities, parks and
recreational facilities and community clubs and meeting areas. These
activity centers should be linked to residential areas by greenways, bike
and pedestrian trails.
Land Use Determinants: PUBLIC FACILITIES CAPACITY - Locations where public
facilities are adequate to handle the increased population
concentration. This includes schools, parks and recreation
facilities and fire and rescue facilities.
UTILITY AVAILABILITY - Locations where water and sewer
services exist or are scheduled to serve the area.
ENVIRONMENTAL CAPACITY - Locations where natural land
features, including topography, provide optimum opportunity for
urban residential development.
ACCESS - Locations which have or can provide direct access to a
major street.
URBAN SECTOR - Locations served by urban services.
Larry and Rhonda Conner
Special Use Permit for a Short-term Rental
Planning Commission Public hearing
June 6, 2023
Location Map2
The Church of Jesus Christ of
Latter-day Saints
Appalachian Power
Substation
Project Site
•5859 Bent Mountain Rd.
•1.32 acres
•Single Family Home
•Short-term Rental
3
Floodplain Map4
Photographs5
6 Photographs
Photographs7
Photographs8
Photographs9
Photographs10
Photographs11
Photographs12
Photographs13
Photographs14
Photographs15
Floor Plan16
17 Zoning Ordinance
A short-term rental is defined as “the provision of a room or
space that is suitable or intended for occupancy for dwelling,
sleeping, or lodging purposes, for a period of fewer than 30
consecutive days, in exchange for a charge for the
occupancy. This use does not include existing uses defined in
this ordinance including bed and breakfast, bed and
breakfast inn, boarding house, country inn, and
hotel/motel/motor lodge.”
18 Zoning Ordinance
(A)General Standards:
1. The applicant shall obtain a zoning permit prior to the occupation of a room or
dwelling for short-term rental. The zoning permit application shall include, but not
be limited to, the following information:
a. All relevant parcel information including tax map number, zoning district,
address, and magisterial district.
b. The applicant’s name, address, and personal contact information.
c. The name, address, and personal contact information of the authorized party
responsible for resolving complaints, if different from the applicant.
19 Zoning Ordinance
2.The County shall be notified within thirty (30) days of any change in the applicant’s
address or personal contact information, or any change in the name, address
or personal contact information of the authorized party responsible for resolving
complaints.
3.A short-term rental zoning permit expires upon any change in ownership of the
property.
4.A short-term rental zoning permit may be revoked by the Zoning Administrator due
to the failure of the applicant to comply with all applicable regulations set forth in
this section or elsewhere in the Zoning Ordinance or County Code.
20 Zoning Ordinance
(B)In the R-1 and R-2 zoning district, the following standard shall apply:
1.A special use permit shall be required on lots less than five (5) acres. Lots that are
five (5) acres or greater in size, a short-term rental shall be considered a use
permitted by right.
Zoning
Existing Zoning
•R-1 –Low Density Residential
21
Surrounding Zoning
•North –R-1
•East –R-1
•West –R-1
•South-AR
Future Land Use22
Development
•Development is a future land use area where most new neighborhood development will occur, including large scale planned developments which mix residential with retail and office uses. Innovation in housing design and environmental sensitivity in site development is a key objective. Clustered developments are encouraged as is the use of greenways and bike and pedestrian trails.
Planning Commission
Public Hearing –June 6, 2023
•No citizens spoke during the public hearing.
•Planning Commission and applicant discussed the
following:
•Applicant lists the house on both AirBnB and VRBO
•Applicant has a list of rules which includes:
•Restrictions on parties
•Noise limitations
•Overnight occupancy limit of eight (8) overnight guests
•Short-term rental has been in operation since October 2021
•Petition submitted after staff sent letters out to short-term rental
listings
23
Planning Commission
Planning Commission recommends approval of the special use permit for the operation of a short-term rental with one condition:
1.The number of overnight guests shall not exceed eight (8)
people.
24
Questions?
25
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 Larry and Rhonda Conner to obtain a special use permit to operate a short-
term rental on approximately 1.32 acres of land zoned R-1 (Low Density Residential
District), located at 5859 Bent Mountain Road, Windsor Hills Magisterial District.
MOTION TO APPROVE
I find that the proposed special use permit:
1. Meets the requirements of Section 30-19-1 of the Roanoke County Code and that
the proposed special use conforms with the standards set forth in article IV, use
and design standards of the Roanoke County Zoning Ordinance;
2. Is in conformance with the Roanoke County Comprehensive Plan; and
3. Will have a minimum adverse impact on the surrounding neighborhood and
community.
I therefore MOVE THAT WE APPROVE the petition to obtain a special use permit with
the following condition:
1. The number of overnight guests shall not exceed eight (8) people.
MOTION TO DENY
I find that the proposed special use permit request:
1. Is inconsistent with the purpose and intent of the County’s adopted comprehensive
plan or good zoning practice, and/or
2. Will result in substantial detriment to the community.
I therefore MOVE THAT WE DENY the request.
MOTION TO DELAY ACTION
I find that the required information for the submitted proposal is incomplete. I therefore
MOVE TO DELAY action until additional necessary materials are submitted to the Board
of Supervisors.
Page 1 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 27, 2023
ORDINANCE GRANTING A SPECIAL USE PERMIT TO LARRY AND
RHONDA CONNER TO OPERATE A SHORT-TERM RENTAL ON
APPROXIMATELY 1.32 ACRES OF LAND ZONED R-1 (LOW DENSITY
RESIDENTIAL DISTRICT), LOCATED AT 5859 BENT MOUNTAIN
ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT
WHEREAS, Larry and Rhonda Conner have filed a petition for a special use
permit to operate a short-term rental on approximately 1.32 acres of land zoned R-1
(Low Density Residential District), located at 5859 Bent Mountain Road (Tax Map No:
096.01-04-19.00-0000), in the Windsor Hills Magisterial District; and
WHEREAS, the first reading of this ordinance was held on May 23, 2023, and the
second reading and public hearing were held on June 27, 2023; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on June 6, 2023; and
WHEREAS, the Roanoke County Planning Commission recommends approval of
the petition to obtain a special use permit, with one condition; and
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the
County of Roanoke, Virginia, as follows:
1. The Board finds that the proposed special use meets the requirements of
Section 30-19-1 of the Roanoke County Code and that the proposed special use
conforms with the standards set forth in article IV, use and design standards of the
Roanoke County Zoning Ordinance.
Page 2 of 2
2. The Board further finds that the proposed special use is in conformance
with the Roanoke County Comprehensive Plan, and will have a minimum adverse
impact on the surrounding neighborhood and community.
3. The special use permit is hereby approved, with the following condition:
a. The number of overnight guests shall not exceed eight (8) people.
4. This ordinance shall be in full force and effect thirty (30) days after its final
passage.
Page 1 of 3
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: June 27, 2023
AGENDA ITEM: The petition of Parker Design Group, Inc. to obtain a special
use permit for religious assembly on approximately 2.91
acres of land zoned C-2, High Intensity Commercial District,
located on Oakland Boulevard between 233 Hershberger
Road and 4843 Oakland Boulevard, 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 religious assembly in a commercial district.
BACKGROUND:
· The Roanoke County Zoning Ordinance defines religious assembly as “a use
located in a permanent building and providing regular organized religious worship
and related incidental activities, except primary or secondary schools and day
care facilities.”
· Religious assembly is only permitted in the C-2, High Intensity Commercial
District, with an approved special use permit.
· The proposed facility would replace the existing Chua Phat Son Buddha
Mountain Center facility, located at 5535 Florist Road, which opened in 2018 and
has operated as a meditation center.
Page 2 of 3
DISCUSSION:
The Planning Commission held a public hearing on this special use permit application
on June 6, 2023. Five (5) citizens spoke during the public hearing in support of the
special use permit. Their comments addressed the need for a larger Buddhist temple in
southwestern Virginia, the importance of the temple as a beacon for diversity and the
positive impact it will have on the surrounding community. The Planning Commission
discussed the proposed project, the future land use designation, and surrounding
zoning and adjacent uses.
The Planning Commission recommends approval of the special use permit for religious
assembly with two (2) conditions:
1. The site shall be developed in general conformance with the concept plans
for Chua Phat Son Buddha Mountain Center prepared by Parker Design
Group, Inc. dated April 14, 2023 and Lemole Architects dated April 4, 2023
subject to any changes required during the comprehensive site p lan review
process.
2. The temple shall be constructed in substantial conformance with the
architectural renderings titled Chua Phat Son - Buddha Mountain Center
prepared by Lemole Architects dated April 4, 2023, subject to any changes
required during the building plan review process.
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 granting a special use permit for religious asse mbly in a C-2, High Intensity
Commercial District, with two (2) conditions:
1. The site shall be developed in general conformance with the concept plans
for Chua Phat Son Buddha Mountain Center prepared by Parker Design
Group, Inc. dated April 14, 2023 and Lemole Architects dated April 4, 2023
subject to any changes required during the comprehensive site plan review
process.
2. The temple shall be constructed in substantial conformance with the
architectural renderings titled Chua Phat Son - Buddha Mountain Center
prepared by Lemole Architects dated April 4, 2023, subject to any changes
Page 3 of 3
required during the building plan review process.
STAFF REPORT
Petitioner: Parker Design Group, Inc.
Request: To obtain a special use permit for religious assembly on approximately 2.91 acres
of land zoned C-2, High Intensity Commercial District
Location:
Tax Parcels:
Oakland Boulevard between 233 Hershberger Road and 4843 Oakland Boulevard
#038.15-01-06.01-0000; 038.15-01-07.01-0000
Suggested SUP
Conditions:
1. The site shall be developed in general conformance with the concept plans for
Chua Phat Son Buddha Mountain Center prepared by Parker Design Group, Inc.
dated April 14, 2023 and Lemole Architects dated April 4, 2023 subject to any
changes required during the comprehensive site plan review process.
2. The temple shall be constructed in substantial conformance with the
architectural renderings titled Chua Phat Son – Buddha Mountain Center
prepared by Lemole Architects dated April 4, 2023, subject to any changes
required during the building plan review process.
3. A greenway easement shall be provided along Carvin Creek and the eastern
property line. The location and width of the easement shall be determined
during the site plan review process.
Parker Design Group, Inc. is petitioning to obtain a special use permit for religious assembly on approximately 2.91
acres of land zoned C-2, High Intensity Commercial District, located on Oakland Boulevard between 233
Hershberger Road and 4843 Oakland Boulevard, Hollins Magisterial District.
The 2005 Roanoke County Comprehensive Plan indicates the future land use designation 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 religious assembly use is consistent with
the Transition future land use designation.
1. APPLICABLE REGULATIONS
building and providing regular organized religious worship and related incidental activities, except primary or
secondary schools and day care facilities.” Religious assembly is 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 listed in Section 30-83-9 of Roanoke County Code as follows:
1. Any outdoor activity area, swimming pool, or ball field or court which adjoins a residential use type
shall be landscaped with one (1) row of small evergreen trees in accordance with Section 30-92
along the property line adjoining the residential use type. Where night-time lighting of such areas is
proposed large evergreen trees shall be required.
2. When a place of religious assembly adjoins a residential use type, a Type C buffer yard in
accordance with Section 30-92 shall be provided between the parking area(s) and the residential
use type.
3. Expansions of existing uses are permitted by right.
If the special use permit is approved, development of the site would require comprehensive building and
site plan reviews.
2. ANALYSIS OF EXISTING CONDITIONS
Background – This site is comprised of two parcels: one larger tract containing approximately 2.63 acres
and one smaller tract containing approximately 0.28 acre. These parcels are currently vacant and
undeveloped. The proposed facility would replace the existing Chua Phat Son Buddha Mountain Center
facility, located at 5535 Florist Road, which opened in 2018 and has operated as a meditation center. A
meditation center could fall under one of two civic use types: clubs or personal improvement services. Both
of these civic use types are permitted by right in the C-2, High Intensity Commercial District.
vegetation includes mature evergreen and deciduous trees as well as an overgrowth of grass and weeds.
The wooded area becomes more dense towards the eastern property line adjoining Carvin Creek. The
parcel experiences very little change in elevation overall; however, there is a steep drop off of approximately
twenty feet at the eastern property line running along Carvin Creek.
and Plantation Road. The adjoining properties to the south and west across Oakland Boulevard are zoned
C-2, High Intensity Commercial District. These properties include Safety & Compliance Services, a
Friendship maintenance facility, and Honey Tree day care center. To the north, the site adjoins Verizon
Telecommunications Center which is zoned I-1, Low Intensity Industrial District. To the east, the site adjoins
a vacant parcel zoned R-3, Medium Density Multi-Family Residential District, which is owned by the
Edinburgh Square Retirement Community. Additional properties in the surrounding area along Hershberger
Road include North County Fire & Rescue Station, Friendship Assisted Living Facility, and residential
properties to the south located within the City of Roanoke.
Community Outreach – Approximately 15 letters went out to adjoining property owners and tenants which
contained the request, information about the subject parcel, the proposed concept plan and elevations,
contact information for staff, and instructions for how to submit comments.
3.ANALYSIS OF PROPOSED DEVELOPMENT
Site Layout/Architecture – The concept plan indicates a phased development. The first phase, consisting of
approximately 0.9 acre, would include an entrance off of Oakland Boulevard, signage, thirty-five parking
spaces including two disabled parking spaces, a living facility for the onsite monk(s), and a paved area for a
temporary event tent. Phase two, consisting of approximately 1.3 acres, would include a larger meeting hall
approximately 1,022.5 square feet in size, a plaza to display a Kwan Yin statue relocated from the Florist
Road location, a kitchen or guest house area, and thirty-seven additional parking spaces. Three storage
buildings are also shown on the concept plan. Elevations provided indicate the main temple will have
Access/Traffic Circulation – The subject site is located off of a private portion of Oakland Boulevard. One
access is proposed off of Oakland Boulevard. The applicant states that traffic will not be significantly
impacted as the temple use is limited to an occasional gathering of temple members not to exceed 160
Agencies Comments: The following agencies provided comments on this application:
Office of Building Safety – All construction will need to meet the requirements of the Virginia
Uniform Statewide Building Code.
Economic Development - Economic Development supports the SUP for the allowance of the
proposed Religious Assembly on approximately 2.91 acres of land zoned C-2, located on Oakland
Boulevard between 233 Hershberger Road and 4843 Oakland Boulevard. This allowance will
activate a long vacant property within the Hollins district while having limited impact on public
infrastructure and utilities.
Roanoke County Transportation - In the 2018 Roanoke Valley Greenway Plan, the Carvin Creek
Greenway is recommended to be constructed along Carvin Creek, which forms the northeastern
boundary of the 2.76-acre parcel included in this application (Tax ID #038.15-01-06.01-0000). The
northeastern section of the parcel is currently undeveloped and is not proposed to be developed on
the concept plan submitted as part of this application. This section of the parcel is wooded and
contains a 30- to 40-foot band of undevelopable floodway on the western bank of Carvin Creek.
Please consider providing a 40- to 80- foot-wide greenway easement in the northeastern section of
the 2.76-acre parcel included in this application (Tax ID #038.15-01-06.01-0000). (Full comments
attached)
Parks, Recreation & Tourism – Parks, Recreation & Tourism supports the Roanoke County
Transportation comments.
Stormwater Operations - No comments.
Fire and Rescue – This project will not increase services provided by Fire and Rescue. Fire flow
and access requirements will be addressed during the site plan review process.
General Services – General Services does not see any issues and has no comments.
VDOT – This special use request is for a parcel that's located along a private road with no frontage
along a state-maintained road. Therefore, VDOT does not have any comments to offer on this
request.
4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN
The 2005 Roanoke County Comprehensive Plan indicates the future land use designation 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 religious assembly use is consistent with the Transition future land use designation.
5. STAFF CONCLUSIONS
Parker Design Group, Inc. is petitioning to obtain a special use permit for religious assembly on
approximately 2.91 acres of land zoned C-2, High Intensity Commercial District, located on Oakland
Boulevard between 233 Hershberger Road and 4843 Oakland Boulevard, Hollins Magisterial District.
The 2005 Roanoke County Comprehensive Plan indicates the future land use designation of this area as
Transition. The proposed religious assembly use is consistent with the Transition future land use
designation.
Staff suggests three (3) conditions for the special use permit which addresses conformance with the
submitted site plans and architectural renderings, and the provision of a greenway easement along Carvin
CASE NUMBER: #10-6/2023
PREPARED BY: Alyssa Dunbar
HEARING DATES: PC: June 6, 2023 BOS: June 27, 2023
ATTACHMENTS: Application Materials
Maps (Aerial, Zoning, Future Land Use)
Photographs
C-2 District Regulations
Transition Future Land Use Designation
Full Roanoke County Transportation Comments
3
Applicant
The Planning Commission will study rezoning, special use permit waiver or community plan (15.2 -2232) review requests to
determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the
following questions as thoroughly as possible. Use additional space if necessary.
JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW
REQUESTS
Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the
beginning of the applicable zoning district classification in the Zoning Ordinance.
Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan.
Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well
as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue .
Parker Design Group, Inc. - Jack Ellinwood L.A.
Pages 4 and 5 following were omitted from application -- not applicable
The subject tract of land has been vacant for 40 years (+\-). The purchase of property for development of a new Buddhist Temple, will
provide for a needed civic use which will meet the needs of the growing Buddhist community in Roanoke and surrounding areas. This site
will replace the existing temple location on Florist Road which has limited the expansion potential of facilities over the long-term. The
development of this property as a temple meets the Religious Assembly, Article IV - Use and Design Standards, found in the zoning
ordinance. Although the property is zoned for commercial development, the unusual shape of the tract has likely resulted in the continuing
vacancy. Lack of adequate space to accommodate higher intensity use types and associated supporting amenities including parking,
vehicle maneuvering and building footprint are likely a few of the reasons.
A new Buddhist Temple will provide an attractive and harmonious transition within the neighborhood. The development of the grounds will
concentrate on integration of landscaping and manicured grounds conducive to the Buddhist belief of natural beauty inspiring meditative
practices. The treatment of runoff will be handled on site in a natural manner that adds to the enhancement of wildlife habitat and
groundwater recharge. The temple use will not create undue burdens on the existing transportation or utility infrastructure as there are no
regimented service schedules as typical with other religious facilities. Members come and go on their own scheduled to reflect and mediate.
There are two celebrations held during the year that the are organized for all members to attend. The grounds and facilities are also open to
anyone seeking a quiet escape and community use is encouraged and welcomed. Temple members are also active through community
service and to others in need.
Although the proposed use is within the C2 - High Intensity Commercial District, the allowance of the proposed Religious Assembly by SUP
conforms to the Community Plan by allowing a long vacant and unused parcel of land to form a transitional buffer between adjacent
commercial uses and medium density residential uses to the east and the Friendship Manor Apartment Village campus to the west. The
existing adjacent commercial businesses are not used as high intensity commercial facilities and are typical of service type small
businesses, including daycare, telecommunications warehousing \ office, and safety and compliance office space. The proposed Buddhist
temple will fit into the surrounding community by offering nonindustrial architectural styles more compatible with the adjacent business
facilities and surrounding residential uses.
Overall, the proposed development of a Buddhist temple in a High Intensity Commercial District is consistent with the Roanoke County
Community Plan's recognition of the need for flexibility in land use, its emphasis on economic development, and its commitment to
protecting the environment. While a Buddhist temple may not generate as much tax revenue as a commercial development, it could provide
intangible benefits to the community, such as promoting cultural diversity and providing a peaceful space for reflection and contemplation.
For example, the Buddhist temple will attract visitors from outside the area, which will generate economic activity in the form of tourism and
spending at local businesses.
The proposed development of a Buddhist temple could help to meet the needs of the community and add to the cultural diversity of the
area.
The request for Religious Assembly use at this location will not significantly impact public facilities as the temple use will be limited to the
occasional gathering of temple members. Membership in the temple will be from the surrounding regional area and will likely not exceed
160 congregants. Traffic generation at the property will be very low compared to high intensity commercial or residential uses which will
help limit impact to road infrastructure. This facility is very compatible with adjacent businesses and property uses and will use building
materials more typically seen in residential areas. Water and sewer use will be low volume and will not tax existing infrastructures. The
temple will not negatively impact emergency services as adequate access to the facility will developed and fire suppression designs will
meet the requirements of the Fire marshal's office. The proposed development of a Buddhist temple could help to meet the needs of the
community and add to the cultural diversity of the area.
6
ALL APPLICANTS
a.Applicant name and name of development
b.Date, scale and north arrow
c.Lot size in acres or square feet and dimensions
d.Location, names of owners and Roanoke County tax map numbers of adjoining properties
e.Physical features such as ground cover, natural watercourses, floodplain, etc.
f.The zoning and land use of all adjacent properties
g.All property lines and easements
h.All buildings, existing and proposed, and dimensions, floor area and heights
i.Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development
j.Dimensions and locations of all driveways, parking spaces and loading spaces
Additional information required for REZONING and SPECIAL USE PERMIT APPLICANTS
k.Existing utilities (water, sewer, storm drains) and connections at the site
l.Any driveways, entrances/exits, curb openings and crossovers
m.Topography map in a suitable scale and contour intervals
n.Approximate street grades and site distances at intersections
o.Locations of all adjacent fire hydrants
p.Any proffered conditions at the site and how they are addressed
q.If project is to be phased, please show phase schedule
I certify that all items required in the checklist above are complete.
Signature of applicant Date
CONCEPT PLAN CHECKLIST
A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the
land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or
design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the
future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County
permitting regulations.
The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building
permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may
require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or impos ed
on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other
regulations.
A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2 -2232) review and variance
applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the
nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra
items, but the following are considered minimum:
N\A
April 10, 2023
7
Community Development Planning & Zoning Division
POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY
The following is a list of potentially high traffic-generating land uses and road network situations
that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your
rezoning, subdivision waiver, public street waiver, or special use permit request. If your request
involves one of the items on the ensuing list, we recommend that you meet with a County planner,
the County traffic engineer, and/or Virginia Department of Transportation staff to discuss the
potential additional traffic related information that may need to be submitted with the application
in order to expedite your application process.
(Note this list is not inclusive and the County staff and VDOT reserve the right to request a traffic
study at any time, as deemed necessary.)
High Traffic-Generating Land Uses:
Single-family residential subdivisions, Multi-family residential units, or Apartments with more
than 75 dwelling units
Restaurant (with or without drive-through windows)
Gas station/Convenience store/Car wash
Retail shop/Shopping center
Offices (including: financial institutions, general, medical, etc.)
Regional public facilities
Educational/Recreational facilities
Religious assemblies
Hotel/Motel
Golf course
Hospital/Nursing home/Clinic
Industrial site/Factory
Day care center
Bank
Non-specific use requests
Road Network Situations:
Development adjacent to/with access onto/within 500-ft of intersection of a roadway
classified as an arterial road (e.g., Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc)
For new phases or changes to a development where a previously submitted traffic study is
more than two (2) years old and/or roadway conditions have changed significantly
When required to evaluate access issues
Development with ingress/egress on roads planned or scheduled for expansion, widening,
improvements, etc. (i.e. on Long Range Transportation Plan, Six-Yr Road Plan, etc.)
Development in an area where there is a known existing traffic and/or safety problem
Development would potentially negatively impact existing/planned traffic signal(s)
Substantial departure from the Community Plan
Any site that is expected to generate over one hundred (100) trips during the peak hour of
the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty
(750) trips in an average day
Effective date: April 19, 2005
8
Community Development Planning & Zoning Division
NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC
STREET WAIVER, OR SPECIAL USE PERMIT PETITION
PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE
The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver,
Public Street Waiver or Special Use Permit petition if new or additional information is presented at the
public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled
public hearing that sufficient time was not available for planning staff and/or an outside referral agency to
adequately evaluate and provide written comments and suggestions on the new or additional information
prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This
continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional
information and provide written comments and suggestions to be included in a written memorandum by
planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to
determine if a continuance may be warranted.
POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY
The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver,
Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia
Department of Transportation requests further traffic analyses and/or a traffic impact study that would be
beneficial in making a land use decision (Note: a list of potential land uses and situations that would
necessitate further study is provided as part of this application package).
This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required
traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the
planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified
of the continuance and the newly scheduled public hearing date.
Effective date: April 19, 2005
Name of Petition
Petitioner’s Signature
Date
CHUA PHAT SON - BUDDHA MOUNTAIN TEMPLE
APRIL 10, 2023
9
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1" = 30'
JDE
JDE & KBM
JDE
2122 Carolina Ave, SW
Roanoke, VA 24014
Ph: 540-387-1153
1915-B W. Cary Street
Richmond, VA 23220
Phone: 804-358-2947
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 withoutauthorization of PDG will be at the sole risk of
the individual or entity utilizing said documents.
ENGINEERS SURVEYORS
PLANNERS LANDSCAPE ARCHITECTS
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PHIOTOGRAPH OF KWAN YIN STATUTE TO BE
RELOCATED FROM FLORIST ROAD TEMPLE TO
NEW SITE. STATUE HEIGHT IS APPROXIMATELY
18 FEET.
13
Roanoke Co. Planning
Ro ano ke Co unty, Va 2022, Ro ano ke Co unty, So urc e: Esri, Maxar, EarthstarGeo graphic s, and the GIS User Co mmunity
Ro ano ke Co unty, Virginia2019
0
(540)772-2068 5204 Bernard Dr.
Roanoke VA 24018
Aerial Map
Parker Design Group
0 Oakland Boulevard
Tax map numbers:
038.15-01-06.01-0000 and
038.15-01-07.01-0000
Size: 2.91 Acres
Magisterial District: Hollins
Current Zoning: C2
Proposed Zoning: C2S
SUP: Religious Assembly
Subject Sites
Ro ano ke Co unty, Va 2022, Ro ano ke Co unty, So urc e: Esri, Maxar, EarthstarGeo graphic s, and the GIS User Co mmunity
Ro ano ke Co unty, Virginia2019
0
Flood Map
Parker Design Group
0 Oakland Boulevard
Tax map numbers:
038.15-01-06.01-0000 and
038.15-01-07.01-0000
Size: 2.91 Acres
Magisterial District: Hollins
Current Zoning: C2
Proposed Zoning: C2S
SUP: Religious Assembly
Roa noke Co. Planning
(540)772-2068 5204 Bernard Dr.
Roanoke VA 24018
Subject Sites
I1I1
R3R3
C2C2
R1R1 R3CR3C
C2SC2S
Roanoke County, Virginia 2019
Roanoke County, Virginia2019
0
Zoning
Zoning Map
Parker Design Group
0 Oakland Boulevard
Tax map numbers:
038.15-01-06.01-0000 and
038.15-01-07.01-0000
Size: 2.91 Acres
Magisterial District: Hollins
Current Zoning: C2
Proposed Zoning: C2S
SUP: Religious Assembly
Roa noke Co. Planning
(540)772-2068 5204 Bernard Dr.
Roanoke VA 24018
Subject Sites
TRTR
NCNC
Roanoke Cou nty, Virginia 2019
Roanoke Cou nty, Virginia2019
0
Future Land Use
Future Land Use Map
Parker Design Group 0
Oakland Boulevard Tax
map numbers:
038.15-01-06.01-0000 and
038.15-01-07.01-0000 Size:
2.91 Acres Magisterial
District: Hollins Current
Zoning: C2 Proposed
Zoning: C2S
SUP: Religious Assembly
Subject Sites
Roa noke 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)
Chapter 6: Future Land Use Guide
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.
Core: A future land use area where high intensity urban development is encouraged. Land uses
within core areas may parallel the central business districts of Roanoke, Salem and Vinton. Core
areas may also be appropriate for larger-scale highway-oriented retail uses and regionally-based
shopping facilities. Due to limited availability, areas designated as Core are not appropriate for
tax-exempt facilities
Parker Design Group, Inc. Land Use Application May 12, 2023
Roanoke County Transportation Comments
In the 2018 Roanoke Valley Greenway Plan, the Carvin Creek Greenway is recommended to be
constructed along Carvin Creek, which forms the northeastern boundary of the 2.76-acre parcel
included in this application (Tax ID #038.15-01-06.01-0000). The northeastern section of the parcel is
currently undeveloped and is not proposed to be developed on the concept plan submitted as part of
this application. This section of the parcel is wooded and contains a 30- to 40-foot band of
undevelopable floodway on the western bank of Carvin Creek. Please consider providing a 40- to 80-
foot-wide greenway easement in the northeastern section of the 2.76-acre parcel included in this
application (Tax ID #038.15-01-06.01-0000).
2018
Roanoke Valley
Greenway Plan
2018 Roanoke Valley Greenway Plan 30Page
The Category 3 Routes are:
• Map #5: Blue Ridge Parkway Trails• Map #7: Carvins Cove Trail Network• Map #9: Catawba Greenway• Map #12: Daleville Greenway• Map #13: Eagle Rock Greenway• Map #14: Elizabeth Greenway• Map #15: Explore Park Trail Network• Map #16: Garden City Greenway• Map #19: Gladetown Trail• Map #24: Hinchee Trail• Map #34: Murray Run Greenway• Map #37: Poor Mountain Trails• Map #38: Read Mountain Greenway• Map #39: Read Mountain Trails• Map #44: Wolf Creek Greenway
Category 4 Routes:These are other greenway projects to be addressed as opportunity and resources arise. They may be routes that localities are working on when possible or routes which have strong citizen support but no resources in terms of land or funding.
The Category 4 Routes are:
• Map #2: Back Creek Greenway• Map #3: Barnhardt Creek Greenway• Map #6: Carvin Creek Greenway• Map #8: Carvins Cove Connections• Map #11: Craig Creek Trail• Map #17: Gish Branch Greenway• Map #25: James River Greenway• Map #28: Long Ridge Trail• Map #30: Masons Cove Greenway• Map #33: Mudlick Creek Greenway• Map #35: National Forest Connections• Map #36: Perimeter Trail• Map #41: Roanoke River Greenway Extensions• Map #42: Spring Hollow Trails
Category 5 Routes:These are existing trails and greenway projects that are substantially complete, given existing planning. They may be clusters of trails or destinations on public lands that help provide connectivity for the greenway network. While substantially complete, they will continue to require maintenance and may need improvements.
The Category 5 Routes are:
• Map #1: Appalachian Trail• Map #4: Birding and Wildlife Trail Sites• Map #10: City, County, and Town Park Trails• Map #20: Green Hill Park Trails• Map #21: Greenfield Trails
2018 Roanoke Valley Greenway Plan 38Page
Greenways and trails provide opportunity to enjoy the beauty of spring.
Photo by David Lewis
has increased its efforts to pick up trash and maintain trails.
BenefitsThe Parkway trails provide many loop connections between Roanoke Valley greenways. Completion of the Parkway system would greatly enhance the regional network. It would also give the Parkway trail attractions in the Roanoke area and much needed assistance with trail construction and maintenance.
ChallengesThe Parkway is significantly underfunded and understaffed in Virginia, with planning staff located in Asheville, North Carolina; coordination often takes many months or years. In terms of trails, maintenance is challenging because the narrow corridor does not allow sustainable design. Also, to complete the Parkway trail system, a bridge across the Roanoke River for trail users is needed.
Next StepsThe Parkway is looking to volunteers or other organizations for completion of the trail work. No NPS funding is available for it at this time. Volunteers from Pathfinders for Greenways and the Roanoke Chapter of Friends of the Blue Ridge Parkway continue to work on rehabilitation and maintenance of the horse trail and Chestnut Ridge Trail. Roanoke County will continue its coordination efforts to get the Roanoke River Greenway built and the horse trail rehabilitated between Mill Mountain and Explore Park. The City of Roanoke will continue to work with the Parkway on alternative uses of Roanoke Mountain Picnic Area. Roanoke County and City should assist the Parkway with all connections allowed in the Parkway Trail Plan.
4.2.6. Carvin Creek Greenway, Map # 6, Category 4 The 1995 Plan included a greenway route (#9) from Carvins Cove Reservoir to Tinker Creek. Exploration of the corridor, setting of priorities, and recognition of the extensive acquisition that would be needed led to shortening the corridor in 2007. There are two feasible sections. One is from Brookside Park to Tinker Creek. The second section is being incorporated as an option for Tinker Creek Greenway from LaMarre Drive through Hollins University campus to Carvins Cove. (See Appendix E.) The existing trail from Plantation Road to the boat dock at Carvins Cove could be renamed to be part of Carvin Creek Greenway, if Tinker Creek Greenway is developed on another route.
R o a n o k e CountyR o a n o k e County
C i t y of C i t y of
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To w n of To w n of
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!(43
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2018 Greenway Plan Network Map
0 1.5 3 4.5 60.75 Miles
®
1 - Appalachian Trail
2 - Back Creek Greenway
3 - Barnhardt Creek Greenway
4 - Birding and Wildlife Trail Sites
5 - Blue Ridge Parkway Trails
6 - Carvin Creek Greenway
7 - Carvins Cove Trail Network
8 - Carvins Cove Connections
9 - Catawba Greenway
10 - City, County and
Town Park Trails
11 - Craig Creek Trail
12 - Daleville Greenway*
13 - Eagle Rock Greenway
14 - Elizabeth Greenway
15 - Explore Park Trail Network
16 - Garden City Greenway
17 - Gish Branch Greenway
18 - Glade Creek Greenway
19 - Gladetown Trail
20 - Green Hill Park Trails
21- Greenfield Trails
22 - Hanging Rock Battlefield Trail
23 - Havens Wildlife Management
Area Trails
24 - Hinchee Trail
25 - James River Greenway
26 - Jefferson National Forest Trails
27 - Lick Run Greenway
28 - Long Ridge Trail
29 - Mason Creek Greenway
30 - Masons Cove Greenway
31 - Mill Mountain Greenway
32 - Mill Mountain Park Trails
33 - Mudlick Creek Greenway
34 - Murray Run Greenway
35 - National Forest Connections
36 - Perimeter Trail
37 - Poor Mountain Trails
38 - Read Mountain Greenway
39 - Read Mountain Trails
40 - Roanoke River Greenway
41 - Roanoke River Greenway
Extensions
42- Spring Hollow Trails
43 - Tinker Creek Greenway*
44 - Wolf Creek Greenway
E a g l e RockE a g l e Rock
B o t e t o u r t CountyB o t e t o u r t County
!(13
B o t e t ourt B o t e t ourt
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*Please see Appendix E for more information about the
alternative alignments for Tinker Creek and Daleville Greenways.
Appalachian Trail
National Forest Trails
Legend
Proposed Greenways
U.S. Bicycle Route 76
Public Lands
Category 1 Roanoke River
Greenway, Unbuilt
Locality Boundaries
Category 4 Conceptual Greenways
and Trails
Category 5 Built Greenways
and Trails
Category 2 Hard Surface Greenways
and Trails, Unbuilt
Category 3 Greenways and
Trails in Design
Appendix H - 3
Appendix E -1
Appendix E Tinker Creek Greenway Conceptual Plan
Appendix E -23
Distance: Approximately 3 miles. Hollins Road to Mountain View Elementary School: 1.5
miles, Mountain View Elementary School to Williamson Road: 1.4 to 1.6 miles
Trail Access: Hollins Road, Mountain View Elementary School. Depending on the route, there is
potential for continuous access along Plantation Road and Williamson Road.
Alignment Alternatives Considered: Three: On-road, along creek, combined creek-road
Scoring of Segments by Evaluation Criteria (p. 14-17)
Seg# Score Locality Location
Village at Tinker Creek
Village at Tinker Creek
Village at Tinker Creek
Hollins Road: the Tinker Creek bridge to Plantation Road
Subarea 3: Hollins Road at the Roanoke City/Roanoke County Boundary to
Appendix E - 23
Appendix E -24
Subarea 3 provided many alignment options. After evaluating all and listening to the community,
staff combined segments into three trail alignment alternatives, described on following pages.
Road corridor: Roanoke City/Roanoke County boundary to Hollins Road to Plantation Road to
Williamson Road.
Combined stream-road route: Roanoke City/Roanoke County boundary along the stream corridor
to Mountain View Elementary School connecting to Plantation Road to Williamson Road.
Creek corridor: Roanoke City/Roanoke County boundary to Williamson Road along Tinker Creek
and Carvin Creek.
Appendix E - 24
Parker Design Group, Inc.
Special use permit for religious assembly on approximately 2.91 acres
on property zoned C-2, High Intensity Commercial District
Board of Supervisors Public Hearing
June 27, 2023
Location Map2
Project Site
•Oakland Boulevard between 233
Hershberger Road and 4843
Oakland Boulevard
•2.91 Acres (2 parcels)
•Current Use: Vacant
•SUP for Religious Assembly
3
Floodway Map4
Photographs5
Photographs6
Photographs7
Photographs8
9 Zoning Background
•The Roanoke County Zoning Ordinance defines religious assembly as:
“a use located in a permanent building and providing regular organized religious worship and related incidental activities, except primary or secondary schools and day care facilities.”
•Religious Assembly is only permitted in the C-2, High Intensity Commercial District, with an approved special use permit and is subject to use and design standards listed in Section 30-83-9 of Roanoke County Code as follows:
(A)General standards:
1.Any outdoor activity area, swimming pool, or ball field or court which adjoins a residential use
type shall be landscaped with one (1) row of small evergreen trees in accordance with Section 30-
92 along the property line adjoining the residential use type. Where night-time lighting of such areas
is proposed large evergreen trees shall be required.
2.When a place of religious assembly adjoins a residential use type, a Type C buffer yard in
accordance with Section 30-92 shall be provided between the parking area(s) and the residential
use type.
3.Expansions of existing uses are permitted by right.
10 Concept Plan
Phase 1 of Development (±0.9 acre):
•Entrance off of Oakland Blvd
•Signage
•35 parking spaces + 2 ADA spaces
•Living facility for onsite monk(s)
•Paved area for temporary event
tent
Phase 2 of Development (±1.3 acres)
•Meeting hall
•Plaza
•Kitchen / guest house
•37 additional parking spaces
11 Concept Site Plan
12 Architectural Renderings
Zoning
Existing Zoning
•C-2 -High Intensity
Commercial
13
Surrounding Zoning
•North –I-1, R-3
•East –R-3, C-2
•West –C-2
•South –C-2
Future Land Use14
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 religious assembly use is consistent with the Transition future land use designation
Planning Commission
Public Hearing –June 6, 2023
•Five (5) citizens spoke during the public hearing in support
of the special use permit. Their comments addressed the
need for a larger Buddhist temple in southwestern Virginia,
the importance of the temple as a beacon for diversity
and the positive impact it will have on the surrounding
community.
•Planning Commission discussed the following:
•Proposed Project
•Future Land Use Designation (Transition)
•Surrounding Zoning & Adjacent Uses
15
Planning Commission
Planning Commission recommends approval of the special use permit for religious assembly with two conditions:
1.The site shall be developed in general conformance with the
concept plans for Chua Phat Son Buddha Mountain Center
prepared by Parker Design Group, Inc. dated April 14, 2023 and
Lemole Architects dated April 4, 2023 subject to any changes
required during the comprehensive site plan review process.
2.The temple shall be constructed in substantial conformance with
the architectural renderings titled Chua Phat Son -Buddha
Mountain Center prepared by Lemole Architects dated April 4,
2023, subject to any changes required during the building plan
review process.
16
Questions?
17
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 Parker Design Group, Inc. to obtain a special use permit for religious
assembly on approximately 2.91 acres of land zoned C-2 (High Intensity Commercial
District), located on Oakland Boulevard between 233 Hershberger Road and 4843
Oakland Boulevard, 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 use conforms with the standards set forth in article IV, use
and design standards of the Roanoke County Zoning Ordinance;
2. Is in conformance with the Roanoke County Comprehensive Plan; and
3. Will have a minimum adverse impact on the surrounding neighborhood and
community.
I therefore MOVE THAT WE APPROVE the petition to obtain a special use permit with
the following conditions:
1. The site shall be developed in general conformance with the concept plans for
Chua Phat Son Buddha Mountain Center prepared by Parker Design Group, Inc.
dated April 14, 2023 and Lemole Architects dated April 4, 2023 subject to any
changes required during the comprehensive site plan review process.
2. The temple shall be constructed in substantial conformance with the architectural
renderings titled Chua Phat Son – Buddha Mountain Center prepared by Lemole
Architects dated April 4, 2023, subject to any changes required during the building
plan review process.
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, JUNE 27, 2023
ORDINANCE GRANTING A SPECIAL USE PERMIT TO PARKER
DESIGN GROUP, INC. FOR RELIGIOUS ASSEMBLY ON
APPROXIMATELY 2.91 ACRES OF LAND ZONED C-2 (HIGH
INTENSITY COMMERCIAL DISTRICT), LOCATED ON OAKLAND
BOULEVARD BETWEEN 233 HERSHBERGER ROAD AND 4843
OAKLAND BOULEVARD, HOLLINS MAGISTERIAL DISTRICT
WHEREAS, Parker Design Group, Inc. has filed a petition for a spe cial use
permit for religious assembly on approximately 2.91 acres of land zoned C -2 (High
Intensity Commercial District), located on Oakland Boulevard between 233 Hershberger
Road and 4843 Oakland Boulevard (Tax Map Nos: 038.15-01-06.01-0000 and 038.15-
01-07.01-0000), in the Hollins Magisterial District; and
WHEREAS, the first reading of this ordinance was held on May 23, 2023, and the
second reading and public hearing were held on June 27, 2023; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on June 6, 2023; and
WHEREAS, the Roanoke County Planning Commission recommends approval of
the petition to obtain a special use permit, with two conditions; and
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors o f the
County of Roanoke, Virginia, as follows:
1. The Board finds that the proposed special use meets the requirements of
Section 30-19-1 of the Roanoke County Code and that the proposed special use
conforms with the standards set forth in article IV, use and design standards of the
Roanoke County Zoning Ordinance.
Page 2 of 2
2. The Board further finds that the proposed special use is in conformance
with the Roanoke County Comprehensive Plan, and will have a minimum adverse
impact on the surrounding neighborhood and community.
3. The special use permit is hereby approved, with the following conditions:
a. The site shall be developed in general conformance with the
concept plans for Chua Phat Son Buddha Mountain Center
prepared by Parker Design Group, Inc. dated April 14, 2023 and
Lemole Architects dated April 4, 2023 subject to any changes
required during the comprehensive site plan review process.
b. The temple shall be constructed in substantial conformance with
the architectural renderings titled Chua Phat Son – Buddha
Mountain Center prepared by Lemole Architects dated April 4,
2023, subject to any changes required during the building plan
review process.
4. This ordinance shall be in full force and effect thirty (30) days after its final
passage.
Page 1 of 2
ACTION NO.
ITEM NO. C.3
AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 27, 2023
AGENDA ITEM: Ordinance amending Article II (Definitions and Use Types),
Article III (District Regulations), and Article IV (Use and
Design Standards) of the Roanoke County Zoning
Ordinance
SUBMITTED BY: Philip Thompson
Director of Planning
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Public hearing and second reading of an ordinance to amend the Roanoke County
Zoning Ordinance.
BACKGROUND:
· On February 14, 2023, the Roanoke County Board of Supervisors adopted a
resolution requesting the Planning Commission to study and provide
recommendations on amendments to the County’s Cluster Subdivision
Ordinance.
· On March 14, 2023, the Roanoke County Board of Supervisors adopted a
resolution requesting the Planning Commission to review industrial use type
definitions in Section 30-29-6 of the Roanoke County Zoning Ordinance.
DISCUSSION:
Since February 2023, Planning staff has worked with the Planning Commission to
developed proposed amendments to the County’s Zoning Ordinance on the issues
requested by the Board of Supervisors. In addition, proposed amendments to the
County’s Zoning Ordinance regarding commercial kennels, multiple dog permits, and
home occupations are also included.
Page 2 of 2
The proposed amendments (attached) would: add a definition for data center, and
amend the definitions of multiple dog permit, commercial kennel, and industry, type I in
Article II (Definitions and Use Types); add single family dwelling, attached (cluster
subdivision option) and single family dwelling, detached (cluster subdivision option) as
permitted uses in the AR (Agricultural/Residential) District in Article III (District
Regulations); and amend the use and design standards for home occupations, type I
and type II, and for single family dwelling, attached and detached (cluster subdivision
option), and amend the accessory uses for industrial use types in Article IV (Use and
Design Standards).
The Planning Commission held a public hearing on the proposed amendments on June
6, 2023. No citizens spoke on this issue during the public hearing. The Planning
Commission recommends approval of the proposed amendments to the County’s
Zoning Ordinance.
There have been no changes since the first reading of this ordinance on June 13, 2023.
FISCAL IMPACT:
There is no funding issue on this agenda item.
STAFF RECOMMENDATION:
Staff recommends that the Board of Supervisors approve the attached ordinance
amending the Roanoke County Zoning Ordinance.
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 14, 2022
RESOLUTION 021423-2 DIRECTING THE ROANOKE COUNTY
PLANNING COMMISSION TO STUDY AND PROVIDE
RECOMMENDATION REGARDING WHETHER TO AMEND THE
PROVISIONS OF SECTION 30-82-13.1 (THE COUNTY’S CLUSTER
SUBDIVISION ORDINANCE)
WHEREAS, Section 30-82-13.1 of the Roanoke County Code sets forth the
County’s “Cluster Subdivision Option” for the development of single-family dwellings;
and
WHEREAS, the intent of the ordinance is to facilitate the preservation of
viewsheds and conservation areas by allowing, under certain conditions, such areas to
be combined with a higher, but more compact level of development; and
WHEREAS, the Cluster Subdivision Ordinance is seldom used in developing
neighborhood; and
WHEREAS, it has been proposed that the Board refer this matter to the Planning
Commission for review and recommendation as to whether the provisions of this
ordinance could be reasonably expanded so as to expand its use while preserving its
intent and purpose.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County that this matter (whether to amend Section 30-82-13.1 of the Count Code) be
referred to the Planning Commission for study and recommendation.
On motion of Supervisor Mahoney to adopt the resolution, seconded by
Supervisor Peters and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Peters, Mahoney, North, Radford, Hooker
None
cc: Peter S. Lubeck, County Attorney
Philip Thompson, Director of Planning
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, MARCH 14, 2023
RESOLUTION 031423-6 DIRECTING THE ROANOKE COUNTY
PLANNING COMMISSION TO STUDY AND PROVIDE
RECOMMENDATION REGARDING WHETHER TO AMEND THE
INDUSTRIAL USE TYPES SET FORTH AND DEFINED IN SECTION 30-
29-6 OF THE ROANOKE COUNTY CODE
WHEREAS, Section 30-29-6 of the Roanoke County Code sets forth and defines
"Industrial Use Types" as applied in the County's Zoning Ordinance; and
WHEREAS, it has been suggested that these use types might benefit from
updates to reflect the nature of developing technologies, in order to facilitate desirable
economic development in the County; and
WHEREAS, it is proposed that the Board refer this matter to the Planning
Commission for review and recommendation.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County that this matter (whether to amend the industrial use types as set forth and
defined in Section 30-29-6 of the County Code) be referred to the Planning Commission
for study and recommendation.
On motion of Supervisor Mahoney to adopt the resolution, seconded by
Supervisor Radford and carried by the following recorded vote:
AYES:
NAYS:
Supervisors Peters, Mahoney, North, Radford, Hooker
None
cc: Philip Thompson, Director of Planning
Page 1 of 1
Zoning Ordinance Amendments – BOS - June 27, 2023
1
ARTICLE II – DEFINITIONS AND USE TYPES
SEC. 30-28. DEFINITIONS.
Data Center: A facility used primarily for the storage, management, processing, and
transmission of digital data, which houses computer and/or network equipment, systems, servers,
appliances and other associated components related to digital data operations. Such facility may
also include air handlers, power generators, water cooling and storage facilities, utility
substations, and other associated utility infrastructure to support sustained operations at a data
center.
SEC. 30-29. USE TYPES; GENERALLY.
Sec. 30-29-2. Residential Use Types.
Multiple dog permit: The keeping, breeding, raising, showing or training of four (4) or
more dogs over four (4) months of age for personal enjoyment of the owner or occupants of the
property. and for which commercial gain is not the primary objective.
Sec. 30-29-5. Commercial Use Types.
Kennel, commercial: The boarding, breeding, raising, grooming or training of two (2) or
more dogs, cats, or other household pets of any age not owned by the owner or occupant of the
premises, and/or for commercial gain.
Sec. 30-29-6. Industrial Use Types.
Industry, Type I: Enterprises engaged in the processing, manufacturing, compounding,
assembly, packaging, treatment or fabrication of materials and products, from processed or
previously manufactured materials. Included would be the assembly of electrical appliances,
electrical components, components used for energy, biotechnology or automotive uses, data
centers, bottling and printing plants, and the manufacturing of paint, oils, pharmaceuticals,
cosmetics, bakery goods, dairy products, perfumes, fruit, vegetable, food and tobacco products,
solvents and other chemical production of items made of stone, glass, metal or concrete. This
definition includes the further processing of meat products and the manufacturing,
compounding, processing, packing or treatment of articles (of sizes less than four hundred
(400) cubic feet) of merchandise of raw, secondary or partially completed materials.
ARTICLE III – DISTRICT REGULATIONS
SEC. 30-34. AR AGRICULTURAL/RESIDENTIAL DISTRICT.
Sec. 30-34-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable requirements
contained in this ordinance. An asterisk (*) indicates additional, modified or more
Zoning Ordinance Amendments – BOS - June 27, 2023
2
stringent standards as listed in article IV, use and design standards, for those specific
uses.
2. Residential Uses
Single Family Dwelling, Attached (Cluster Subdivision Option) *
Single Family Dwelling, Detached (Cluster Subdivision Option) *
ARTICLE IV – USE AND DESIGN STANDARDS
SEC. 30-82. RESIDENTIAL USES.
Sec. 30-82-3. Home Occupations, Type I and Type II.
(A) Intent. These provisions are adopted in recognition that certain small-scaled
commercial activities may be appropriate accessory uses within residential dwellings.
The character and scale of such commercial activities must be subordinate and
incidental to the principal use of the premises for dwelling purposes, and must be
consistent with the predominant residential character of the property and/or
surrounding neighborhood. In addition, these provisions are intended to limit the size
of such home occupations so as to not create an unfair competitive advantage over
businesses located in commercially zoned areas.
(B) General standards:
1. More than one (1) home occupation may be permitted provided the total floor
area used for all home occupations do not exceed the applicable Type I or
Type II standard.
2. No dwelling or structure shall be altered, occupied or used in a manner
which would cause the premises to differ from a character consistent with a
residential use. The use of colors, materials, construction, lighting, or other
means inconsistent with a residential use shall be prohibited.
3. There shall be no outside storage of goods, products, equipment, or other
materials inconsistent with a residential use associated with the home
occupation. No toxic, explosive, flammable, radioactive, or other hazardous
materials used in conjunction with the home occupation shall be used, sold, or
stored on the site. The sale of firearms as a home occupation shall be
prohibited.
4. The type and volume of traffic generated by a home occupation shall be
consistent with the traffic generation characteristics of other dwellings in the
area. In addition, the lot or property on which the home occupation is
conducted shall not have any parking spaces added to it during the time the
Zoning Ordinance Amendments – BOS - June 27, 2023
3
home occupation is being conducted, nor shall any parking space be used that
was not customarily or regularly used prior to that time.
5. Deliveries related to the home occupation shall be limited to the United States
Postal Service, parcel delivery services, and messenger services. The
commercial delivery by tractor trailer of materials or products to or from the
premises shall be prohibited.
6. The home occupation shall not increase demand on water, sewer, or garbage
collection services to the extent that the combined demand for the dwelling and
home occupation is significantly more than is normal to the use of the property
for residential purposes.
7. No equipment or process shall be used in a home occupation which creates
noise in excess of 60 dB(A) measured at the property line, or vibration, glare,
fumes, odors, or electrical interference detectable to the normal senses off the
premises or through common walls. In the case of electrical interference, no
equipment or process shall be used which creates visual or audible interference
in any radio or television receivers off the premises or through common walls.
8. No activity in conjunction with a home occupation shall be conducted before
7:00 a.m. or after 10:00 p.m. that adversely impacts or disturbs adjoining property
owners.
9. Temporary portable storage containers shall not be used in conjunction with a
Type I or Type II home occupation or used as a principal use or principal
building or structure.
10. Pet grooming may be allowed as a home occupation. It shall be limited to one
(1) customer at a time, and a maximum of eight (8) animals per day. Any
animals associated with this permitted home occupation must be kept indoors.
11. Pet breeding may be allowed as a home occupation. It shall be limited to the
selling of no more than twenty (20) dogs, cats or other household pets per
year. The animals shall be owned by the permanent residents of the dwelling.
Any animals associated with this permitted home occupation must be kept
indoors.
12. All home occupations shall be required to obtain a Roanoke County Business
License from the Commissioner of the Revenue.
(C) Additional standards for all Type I home occupations:
1. The maximum floor area permitted for a home occupation shall be ten
(10) percent of the finished floor area of the dwelling unit, or 250 square
feet, whichever is greater.
Zoning Ordinance Amendments – BOS - June 27, 2023
4
2. The home occupation shall be conducted entirely within the interior of the
principal residential structure or within an accessory structure located on the
property.
3. No one (1) other than permanent residents of the dwelling shall be engaged
or employed in such occupation.
4. No sign may be placed on the property advertising the home occupation.
5. No advertising through local media, including telephone books, flyers, and
the internet shall call attention to the residential address of the home
occupation.
(D) Additional standards for all Type II home occupations:
1. The maximum floor area permitted for a home occupation shall be twenty-five
(25) percent of the finished floor area of the dwelling unit, or 500 feet,
whichever is greater.
2. One (1) person who is not a permanent resident of the dwelling may be
engaged or employed in the home occupation.
3. The home occupation shall be conducted entirely within the interior of the
principal residential structure or within an accessory structure located on the
property.
4. One (1) non-illuminated sign, a maximum of two (2) square feet in area, shall
be permitted per dwelling, regardless of the number of home occupations
within the dwelling. Any sign must conform with the provisions of section 30-
93 of the zoning ordinance.
Sec. 30-82-13.1. Single Family Dwelling, Attached and Detached (Cluster Subdivision
Option).
(A) Intent.
1. Establish a method for the county to protect vital natural and historic resources
from development and permanent loss.
2. Prevent the destruction of valuable view sheds, ridgetops and wildlife corridors,
including but not limited to, the Blue Ridge Parkway and Appalachian Trail, and
other resources identified in the comprehensive plan.
3. Reserve, enhance, and add to the existing and proposed greenway system
throughout the county, as identified in the comprehensive plan.
Zoning Ordinance Amendments – BOS - June 27, 2023
5
4. Provide the citizens of the county additional open space and recreation areas.
5. Encourage the design of creative, innovative developments that utilize the land's
natural resources and features and incorporates them into functional preservation
and development plans.
6. Offer an alternative to conventional subdivision development by allowing for
compact clusters of housing units rather than spaced lots that encompass the entire
property.
7. The Zoning Administrator shall have the authority to consider the appropriateness
of open space and conservation areas on individual site plans in terms of such
factors such as location, size, shape and topographic characteristics to meet the
intent of this ordinance.
(B) Applicability.
1. Cluster subdivisions proposed in accordance with the standards contained herein
shall be a permitted use by-right in AR, R-1, R-2, R-3 and R-4 zoning districts,
except that cluster subdivisions shall not be permitted within planned residential
subdivisions as defined in section 30-28 of the county zoning ordinance.
2. The zoning administrator shall have the responsibility for determining compliance
with these standards. Proposals for cluster subdivisions that, in the opinion of the
zoning administrator, do not meet one (1) or more of the standards contained
herein shall not be permitted by-right. Any such proposal shall be considered a
special use and shall require a special use permit pursuant to section 30-19 of this
ordinance. As part of the review of any special use permit application for a cluster
subdivision, the planning commission may recommend, and the board of
supervisors may approve, but shall not be obligated to approve, a waiver to any
cluster subdivision standard contained in section 30-82-13.1(C) through 30-82-
13.1(H) inclusive.
(C) General standards.
1. Minimum tract size of the cluster subdivision: Ten (10) Five (5) acres.
2. Public water and public sewer shall be provided to each lot within the proposed
subdivision.
3. Property shall be excluded from the cluster subdivision option where, in the
opinion of the zoning administrator, previous land disturbing activities have
significantly altered a primary or secondary conservation area, to the extent that
important features worthy of conservation have been destroyed or severely
modified.
Zoning Ordinance Amendments – BOS - June 27, 2023
6
4. Allowable density and minimum public street frontage requirements shall be
based on the amount of minimum open space provided as outlined in the table
below. : Five and one-half (5.5) dwelling units per acre.
Open Space gross acreage gross acreage
gross acreage
gross acreage
gross acreage
Public Street
(D) Minimum lLot, andsetback and frontage requirements.
1. There shall be no minimum lot area or setback requirements, however, the normal
front, rear, and or side yard setback requirements must be maintained adjacent to
any lot, or portion thereof, or existing public street right of way not within the
proposed cluster development.
2. Minimum public street frontage: Forty-eight (48) feet Lots shall front on a
publicly owned and maintained street except as modified by section 30-82-
13.1(F).
(E) Open space and conservation area requirements.
1. Minimum open space: Forty-five (45) Twenty-five (25) percent of the gross
acreage of the tract. If the gross acreage of the tract is comprised of conservation
areas equaling or exceeding fifty (50) percent, no more than fifty (50) percent of
the open space and conservation areas shall be required to be conserved.
2. To the greatest degree practicable, open space and conservation areas shall be
designed in large blocks, connected wherever possible and designed to constitute
a contiguous and cohesive unit of land. Open space and conservation area
exemptions include:
a. No minimum or maximum lot size,
b. No public or private road frontage requirements, or
c. No lot width requirement regulations.
Zoning Ordinance Amendments – BOS - June 27, 2023
7
For lots with no public or private road frontage, a minimum twenty (20) foot
access easement shall be provided for maintenance, pedestrian and emergency
access.
3. Open space and conservation lots may be created in compliance with the terms of
this ordinance and the Roanoke County Subdivision Ordinance. Any such lot
proposed for platting shall be clearly designated on a subdivision plat reviewed
and approved by the county. This plat shall contain notations and covenants that
clearly forbid, in perpetuity, the use of the conservation lot for any type of
residential dwelling, or other use or structure as prohibited by these provisions.
4. A sidewalk, greenway, or trail shall may be provided to and through the provided
open space or conservation areas except for the following areas:
a. Environmentally sensitive areas that may include locations of species
listed as endangered, threatened or of special concern; historic structures
and sites; delineated wetlands or riparian zones outside the FEMA study
area;
b. Unsafe areas including but not limited to sink holes, cliffs and areas prone
to rock slides; and
c. Other areas if approved by the zoning administrator.
The location of any such trail shall be clearly marked, and the trail shall be
constructed of a surface material that is appropriate to the terrain, and
distinguishable to the user.
5. Ownership and maintenance of open space and conservation areas shall be one of
the following:
a. Common land owned in perpetuity by the owners of lots in the
development, through a homeowners, condominium or similar association.
Provisions for the maintenance of the open space in perpetuity shall be
approved by the zoning administrator in conjunction with plat approval.
b. Open space or conservation areas privately owned and maintained shall be
allowed in order to preserve those attributes that qualify as open space or
conservation areas. Deed restrictions and/or covenants shall encumber the
property to prohibit further subdivision, development, or any other use of
the open space. The following uses may be permitted in privately owned
open space or conservation areas:
1. Agricultural uses in existence prior to application for a cluster
subdivision as determined by the zoning administrator; and
Zoning Ordinance Amendments – BOS - June 27, 2023
8
2. Forested areas.
6. If required open space is located within a mapped greenway corridor, as depicted
on the Greenway Conceptual Plan, as amended, at the time of submittal of the
preliminary plat, then a greenway easement shall be dedicated to the County or
their designated agent. The Zoning Administrator, in consultation with the
Roanoke Valley Greenway Commission, shall determine the exact location and
dimensions of the easement to be dedicated.
76. Historic structures or sites may be included in open space or conservation areas. A
plan shall be submitted detailing how the historic structure or site will be
preserved and maintained in perpetuity.
87. No building, building addition, structure, stormwater management area, street,
driveway, parking area or any other type of physical land improvement shall be
located within a required conservation area. Notwithstanding the above, gazebos,
benches, or other sitting areas and trails may be developed in, and historic
structures may be located within, conservation areas.
98. During the site review process, the Zoning Administrator shall consider the
appropriateness of open space and conservation area configuration in terms of
such factors as location, size, shape and topographic characteristics.
(F) Street and access requirements.
1. All residential lots within a cluster subdivision shall have frontage on and access
to a publicly dedicated or maintained street or a private street constructed in
accordance with the private road standards specified in the Roanoke County
Design Handbook.
(G) Public water and sanitary sewer. Public water and sewer shall conform with the Western
Virginia Water Authority design and construction standards, as amended.
(H) Cluster development process.
1. The applicant shall meet with the zoning administrator or his/her designee to
review the requirements for a cluster subdivision prior to the preparation of the
preliminary plat. A site visit shall be arranged to review the site and identify
approximate locations of primary and secondary conservation areas. The applicant
shall then have drawn, preferably by a licensed engineer/surveyor, architect or
landscape architect, a property resource map. At a minimum this map shall
include the following:
a. Total acreage and acreage of each primary and secondary conservation
area and other open space areas.
Zoning Ordinance Amendments – BOS - June 27, 2023
9
b. Percent slope, in the following increments: Less than fifteen (15) percent,
fifteen (15) to twenty-five (25) percent, greater than twenty-five (25)
percent.
c. Flood plains, wetlands, and riparian zones outside the FEMA study area.
d. Historic structures and sites.
e. Designated view sheds and ridgetop preservation areas identified and
mapped in the 1998 community plan.
f. Greenway corridors mapped on the greenway conceptual plan.
g. Elevations fifteen hundred (1,500) feet or greater above mean sea level.
h. Healthy woodlands.
i. Location of species listed as endangered, threatened, or of special concern.
j. Productive agricultural and forested lands.
2. The applicant shall submit a preliminary plat in accordance with Article II of the
county subdivision regulations. The following additional items shall be required
to accompany the preliminary plat:
a. All primary and secondary conservation areas and other required open
space areas to be designated as permanent open space, shall be mapped as
conservation lots and noted on the plat.
b. All deed restrictions and covenants applicable to private streets, public
services, open space, and cluster subdivision lots.
c. The location of all building lots to be conveyed.
3. Once approval for the preliminary plat has been given, the applicant shall submit
the final plat in accordance with Article III of the county subdivision regulations.
SEC. 30-88. ACCESSORY USES AND STRUCTURES.
Sec. 30-88-6. Accessory Uses: Industrial Use Types.
(A) Industrial use types may include the following accessory uses, activities or structures on
the same site or lot:
1. Parking for the principal use.
Zoning Ordinance Amendments – BOS - June 27, 2023
10
2. Recreational facilities available only to the employees of the industrial use type.
3. Day care facilities available only to the employees of the industrial use type.
4. Cafeterias and sandwich shops available only to the employees of the industrial
use type.
5. Incidental retail sale of goods associated with the industrial use type, provided the
square footage does not exceed ten (10) percent of the gross floor area. or three
thousand (3,000) square feet, whichever is less.
6. One accessory dwelling unit occupied by employees responsible for the security
of the use.
7. Other uses and activities necessarily and customarily associated with purpose and
function of industrial use types, as determined by the administrator.
87. Construction office or trailer associated with active construction on a site. A
construction office or trailer shall be removed from an active construction site
within 30 days of issuance of the final certificate of occupancy for the project.
98. Micro wind energy systems that project no more than fifteen (15) feet above the
highest point on the structure and complies with the height requirement of the
zoning district.
9. Additional accessory uses not listed above in a building with a permitted principal
use and occupying not more than twenty (20) percent total of the floor area of
such building.
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
Ordinance amending Article II (Definitions and Use Types), Article III (District
Regulations), and Article IV (Use and Design Standards) of the Roanoke County Zoning
Ordinance
MOTION TO APPROVE
I MOVE THAT WE APPROVE the ordinance amendments as proposed by County staff.
MOTION TO APPROVE WITH REVISIONS
I MOVE THAT WE APPROVE the ordinance amendments as proposed by County staff,
with the exception of the following changes: ___________.
MOTION TO DENY
I MOVE THAT WE DENY the ordinance amendments as proposed by County staff.
MOTION TO DELAY ACTION
I find that the required information for the ordinance amendments is incomplete, therefore
I MOVE TO DELAY action until additional necessary materials are submitted to the Board
of Supervisors.
Page 1 of 7
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 27, 2023
ORDINANCE AMENDING ARTICLE II (DEFINITIONS AND USE TYPES),
ARTICLE III (DISTRICT REGULATIONS), AND ARTICLE IV (USE AND
DESIGN STANDARDS) OF THE ROANOKE COUNTY ZONING
ORDINANCE
WHEREAS, on February 14, 2023, the Board of Supervisors adopted a resolution
directing the Planning Commission to study and provide recommendations on potential
amendments to Roanoke County’s cluster subdivision ordinance; and
WHEREAS, on March 14, 2023, the Board of Supervisors adopted a resolution
directing the Planning Commission to study an d provide recommendations on potential
amendments to the industrial use type definitions in Section 30-29-6 of the Roanoke
County zoning ordinance; and
WHEREAS, planning staff has worked with the Planning Commission and other
County staff to develop proposed amendments to Roanoke County’s zoning ordinance
on the issues requested by the Board of Supervisors; and
WHEREAS, planning staff and the Planning Commission propose amendments to
Roanoke County’s zoning ordinance on the issues requested by the Board of
Supervisors, as well as other amendments regarding commercial kennels, multiple dog
permits, and home occupations; and
WHEREAS, the proposed amendments would make the following changes to the
County’s zoning ordinance:
• Add a definition for “data center” in Article II (Definitions and Use Types);
• Amend the definitions of “multiple dog permit” and “commercial kennel” in
Article II (Definitions and Use Types);
Page 2 of 7
• Amend the definition of “industry, type I” in Article II (Definitions and Use
Types);
• Add “single family dwelling, attached (cluster subdivision option)” and
“single family dwelling, detached (cluster subdivision ordinance)” as
permitted uses in the AR (Agricultural/Residential) District in Article III
(District Regulations);
• Amend the use and design standards for “home occupations, type I and
type II” in Article IV (Use and Design Standards);
• Amend the use and design standards for “single family dwelling, attached
(cluster subdivision option)” and “single family dwelling, detached (cluster
subdivision option)” in Article IV (Use and Design Standards); and
• Amend the accessory uses for industrial use types in Article IV (Use and
Design Standards); and
WHEREAS, on June 6, 2023, after proper notice, the Roanoke County Planning
Commission held a public hearing on the proposed amendments to the Zoning Ordinance
and recommended said amendments to the Board of Supervisors for adoption ; and
WHEREAS, public necessity, convenience, general welfare, and good zoning
practice are valid public purposes for such recommendations by the Planning
Commission and action by the Board of Supervisors; and
WHEREAS, the first reading of this ordinance was held on June 13, 2023, and the
second reading and public hearing were held on June 27, 2023.
NOW , THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County
of Roanoke as follows:
Page 3 of 7
1. The Roanoke County Zoning Ordinance is hereby amended to read and
provide as follows:
ARTICLE II – DEFINITIONS AND USE TYPES
SEC. 30-28. DEFINITIONS.
Data Center: A facility used primarily for the storage, management, processing,
and transmission of digital data, which houses computer and/or network equipment,
systems, servers, appliances and other associated components related to digital data
operations. Such facility may also include air handlers, power generators, water cooling
and storage facilities, utility substations, and other associated utility infrastructure to
support sustained operations at a data center.
SEC. 30-29. USE TYPES; GENERALLY.
Sec. 30-29-2. Residential Use Types.
Multiple dog permit: The keeping, breeding, raising, showing or training of four
(4) or more dogs over four (4) months of age for personal enjoyment of the owner or
occupants of the property. and for which commercial gain is not the primary objective.
Sec. 30-29-5. Commercial Use Types.
Kennel, commercial: The boarding, breeding, raising, grooming or training of two
(2) or more dogs, cats, or other household pets of any age not owned by the owner or
occupant of the premises, and/or for commercial gain.
Sec. 30-29-6. Industrial Use Types.
Industry, Type I: Enterprises engaged in the processing, manufacturing,
compounding, assembly, packaging, treatment or fabrication of materials and
products, from processed or previously manufactured materials. Included would be the
assembly of electrical appliance s, electrical components, components used for
energy, biotechnology or automotive uses , data centers, bottling and printing plants,
and the manufacturing of paint, oils, pharmaceuticals, cosmetics, bakery goods, dairy
products, perfumes, fruit, vegetable, food and tobacco products, solvents and other
chemical production of items made of stone, glass, metal or concrete. This definition
includes the further processing of meat products and the manufacturing,
compounding, processing, packing or treatment of articles (of sizes less than four
hundred (400) cubic feet) of merchandise of raw, secondary or partially completed
materials.
Page 4 of 7
ARTICLE III – DISTRICT REGULATIONS
SEC. 30-34. AR AGRICULTURAL/RESIDENTIAL DISTRICT.
Sec. 30-34-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
2. Residential Uses
Single Family Dwelling, Attached (Cluster Subdivision Option) *
Single Family Dwelling, Detached (Cluster Subdivision Option) *
ARTICLE IV – USE AND DESIGN STANDARDS
SEC. 30-82. RESIDENTIAL USES.
Sec. 30-82-3. Home Occupations, Type I and Type II.
(B) General Standards:
11. Pet breeding may be allowed as a home occupation. It shall be limited
to the selling of no more than twenty (20) dogs, cats or other household
pets per year. The animals shall be owned by the p ermanent residents
of the dwelling. Any animals associated with this permitted home
occupation must be housed indoors.
12. All home occupations shall be required to obtain a Roanoke County
Business License from the Commissioner of the Revenue.
Sec. 30-82-13.1. Single Family Dwelling, Attached and Detached (Cluster
Subdivision Option).
(B) Applicability.
1. Cluster subdivisions proposed in accordance with the standards contained
herein shall be a permitted use by-right in AR, R-1, R-2, R-3 and R-4
zoning districts, except that cluster subdivisions shall not be permitted
within planned residential subdivisions as defined in section 30-28 of the
county zoning ordinance.
Page 5 of 7
(C) General standards.
1. Minimum tract size of the cluster subdivision: Ten (10) Five (5) acres.
4. Allowable density and minimum public street frontage requirements shall
be based on the amount of minimum open space provided as outlined in
the table below. : Five and one-half (5.5) dwelling units per acre.
Minimum
Open Space
25% of the
gross
acreage of
the tract
30% of the
gross
acreage of
the tract
35% of the
gross
acreage of
the tract
40% of the
gross
acreage of
the tract
45% of the
gross
acreage of
the tract
Minimum
Public
Street
Frontage
50 feet 45 feet 40 feet 35 feet 30 feet
Allowable
Density
5.0 units per
acre
5.5 units per
acre
6.0 units per
acre
6.5 units per
acre
7.0 units per
acre
(D) Minimum lLot, andsetback and frontage requirements.
1. There shall be no minimum lot area or setback requirements, however, the
normal front, rear, and or side yard setback requirements must be
maintained adjacent to any lot, or portion thereof, or existing public street
right of way not within the proposed cluster development.
2. Minimum public street frontage: Forty-eight (48) feet Lots shall front on a
publicly owned and maintained street except as modified by section 30 -
82-13.1(F).
(E) Open space and conservation area requirements.
1. Minimum open space: Forty-five (45) Twenty-five (25) percent of the gross
acreage of the tract. If the gross acreage of the tract is comprised of
conservation areas equaling or exceeding fifty (50) percent, no more than
fifty (50) percent of the open space and conservation areas shall be
required to be conserved.
4. A sidewalk, greenway, or trail shall may be provided to and through the
provided open space or conservation areas except for the following areas:
Page 6 of 7
a. Environmentally sensitive areas that may include locations of
species listed as endangered, threatened or of special concern;
historic structures and sites; delineated wetlands or riparian zones
outside the FEMA study area;
b. Unsafe areas including but not limited to sink holes, cliffs and areas
prone to rock slides; and
c. Other areas if approved by the zoning administrator.
The location of any such trail shall be clearly marked, and the trail shall be
constructed of a surface material that is appropriate to the terrain, and
distinguishable to the user.
6. If required open space is located within a mapped greenway corridor, as
depicted on the Greenway Conceptual Plan, as amended, at the time of
submittal of the preliminary plat, then a greenway easement shall be
dedicated to the County or their designated agent. The Zoning
Administrator, in consultation with the Roanoke Valle y Greenway
Commission, shall determine the exact location and dimensions of the
easement to be dedicated.
76. Historic structures or sites may be included in open space or conservation
areas. A plan shall be submitted detailing how the historic structure or site
will be preserved and maintained in perpetuity.
87. No building, building addition, structure, stormwater management area,
street, driveway, parking area or any other type of physical land
improvement shall be located within a required conservat ion area.
Notwithstanding the above, gazebos, benches, or other sitting areas and
trails may be developed in, and historic structures may be located within,
conservation areas.
98. During the site review process, the Zoning Administrator shall consider t he
appropriateness of open space and conservation area configuration in
terms of such factors as location, size, shape and topographic
characteristics.
SEC. 30-88. ACCESSORY USES AND STRUCTURES.
Sec. 30-88-6. Accessory Uses: Industrial Use Types.
(A) Industrial use types may include the following accessory uses, activities or
structures on the same site or lot:
Page 7 of 7
5. Incidental retail sale of goods associated with the industrial use type,
provided the square footage does not exceed ten (10) percent of the gross
floor area. or three thousand (3,000) square feet, whichever is less.
7. Other uses and activities necessarily and customarily associated with
purpose and function of industrial use types, as determined by the
administrator.
87. Construction office or trailer associated with active construction on a site.
A construction office or trailer shall be removed from an active
construction site within 30 days of issuance of the final certificate of
occupancy for the project.
98. Micro wind energy systems that project no more than fifteen (15) feet
above the highest point on the structure and complies with the height
requirement of the zoning district.
9. Additional accessory uses not listed above in a building with a permitted
principal use and occupying not more than twenty (20) percent total of the
floor area of such building.
2. That this ordinance shall be in full force and effect from and after its
adoption.
Page 1 of 2
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: June 27, 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
Page 2 of 2
4. Roanoke County Parks, Recreation and Tourism Advisory Commission
(appointed by District):
The following appointments remain open:
Mike Roop’s three (3) year term representing the Vinton Magisterial District expired
June 30, 2019.
Rich Tomlinson's three (3) year term representing the Vinton Magisterial District
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 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JUNE 27, 2023
RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM E- 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 June 27,
2023, designated as Item E- Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through 10
inclusive, as follows:
1. Approval of minutes – March 28, 2023
2. Ordinance approving an intergovernmental agreement for operation of the
Regional Center for Animal Care and Protection (Second Reading)
3. Ordinance authorizing an Agreement with the City of Roanoke to authorize the
City of Roanoke to act as the Erosion and Sediment Control Authority and
Stormwater Management Program Authority for the Glade Creek Stream
Restoration Project (Second Reading)
4. Ordinance accepting funds in the amount of $312,504 from the Virginia
Department of Criminal Justice Services, and appropriating such funds for use
by the Roanoke County Police Department for school resource officers (Second
Reading)
5. Ordinance authorizing the execution of a Memorandum of Understanding with
Blue Ridge Behavioral Healthcare and other local government entities governing
the MARCUS Alert Program for the Roanoke Valley (Second Reading)
6. Ordinance accepting and appropriating $339,000 from the Virginia Department
of Criminal Justice Services (DCJS) to the Roanoke County Police Department
for Law Enforcement Equipment (First Reading and request for Second
Reading)
Page 2 of 2
7. Ordinance accepting and appropriating $170,680 in grant funding from the
Virginia Department of Emergency Management (VDEM) and $88,140.30 from
the Regional Center for Animal Care and Protection for the purchase and
installation of an emergency generator at the Regional Center for Animal Care
and Protection Animal Shelter (First Reading and request for Second
Reading)
8. Ordinance accepting $280,000 from the U.S. Department of Transportation and
appropriating such funds to the grant fund; and accepting $18,333 from
Botetourt County and appropriating such funds to the grant fund; and accepting
$4,434 from the Town of Vinton and appropriating such funds to the grant fund;
and reallocating $47,233 from fiscal year 2023 Planning Department operating
funds to the grant fund and to develop a Comprehensive Safety Action Plan for
Roanoke County, Botetourt County and the Town of Vinton as part of the safe
streets and roads for all discretionary grant program (First Reading and
request for Second Reading)
9. Ordinance approving easements and a memorandum of understanding with the
Western Virginia Water Authority for sanitary sewer improvement projects at
Starkey Park and C. Darrell Shell Park (First Reading and request for Second
Reading)
10. Confirmation of appointment to the Roanoke County Local Finance Board and
Parks, Recreation and Tourism Advisory Board (At-Large)
Page 1 of 3
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: June 27, 2023
AGENDA ITEM: Ordinance approving an intergovernmental agreement for
operation of the Regional Center for Animal Care and
Protection
SUBMITTED BY: Rachel Lower
Senior Assistant County Attorney
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
The current intergovernmental agreement for operation of the Regional Center for
Animal Care and Protection (the "RCACP") is set to terminate on June 30, 2023 and a
new agreement needs to be executed by each participating locality.
BACKGROUND:
The Virginia Code requires counties and cities to maintain a public animal shelter, and
allows one or more localities to contract for the establishment of a public animal shelter
in conjunction with one another.
In January 2013 the County of Roanoke, the City of Roanoke, the County of Botetourt,
and the Town of Vinton agreed to operate a regional public animal shelter pursuant to
an intergovernmental agreement executed by the localities (the “original agreement”).
During the term of the original agreement and pursuant to a Memorandum of
Understanding entered into between the County of Roanoke and the Town of Vinton on
April 9, 2019 (1) the County assumed financial responsibility of the Town of Vinton’s
usage of the regional animal control facility, (2) the Town of Vinton agreed to be
eliminated as a member of the Roanoke Valley Regional Pound Agreement, and (3) the
Town of Vinton agreed to discontinue appointing a member to the animal shelter’s
Executive Committee and to join the County in a request to appoint or cause to be
Page 2 of 3
appointed as a member of the Executive Com mittee an additional County
representative.
That original agreement is scheduled to terminate on June 30, 2023, and a new
agreement must be executed by the participating localities.
DISCUSSION:
This intergovernmental agreement with the City of Roanok e and the County of Botetourt
sets out the terms and conditions for these local governments to establish and operate
a regional animal shelter. Intergovernmental agreements for the joint exercise of powers
by localities shall be approved by ordinance pursuant to Virginia Code § 15.2-1300.
This agreement does the following: (1) describes the ownership percentage of each of
the localities in the animal shelter located at 1510 Baldwin Avenue, (2) establishes a
cost sharing formula based upon usage of each participating locality at the end of each
calendar year, (3) creates a Board of Directors responsible for the overall operations of
the regional animal shelter, which consists of (a) the City Manager for the City of
Roanoke or his or her designee, (b) the County Administrator for the County of Roanoke
or his or her designee, (c) an additional member appointed by the Roanoke County
Administrator, (d) the County Administrator for the County of Botetourt or his or her
designee, and (e) an additional member appoin ted by the City Manager for the City of
Roanoke, (4) provides for the appointment of an Executive Director, (5) addresses
budget and fiscal agent matters, and (6) addresses dispute resolution, termination,
withdrawal, and other common contractual matters.
The following are the substantive changes that have been made to the terms of the
proposed new agreement:
1. Changes to the ownership percentage of each of the localities in the animal
shelter located at 1510 Baldwin Avenue based upon Vinton's withdraw al (with
Roanoke County accepting Vinton’s 4% interest).
2. The RCACP “Executive Committee” is renamed the “Board of Directors”.
3. Roanoke County will take over Vinton’s seat on the Board of Directors. If this is
approved as proposed, the Board of Directors will consist of 2 Roanoke City
seats, 2 Roanoke County seats, and 1 Botetourt County seat.
4. The new agreement has a termination date of June 30, 2028, with 5 -year
automatic extensions.
5. The new agreement allows for remote meetings of the Board of Directors, and
allows the Board of Directors to cancel quarterly meetings if agreed upon by a
majority of the members.
There is no change to the annual costs to be shared by the participating localities based
Page 3 of 3
upon actual usage of the RCACP.
There have been no changes since the first reading held on June 13, 2023.
FISCAL IMPACT:
There are no expected fiscal impacts associated with the execution of the proposed
intergovernmental agreement beyond those already included in the County's annual
budget for the operation of the RCACP.
STAFF RECOMMENDATION:
Staff recommends approval of the attached ordinance.
1
ROANOKE VALLEY REGIONAL ANIMAL SHELTER AGREEMENT
THIS AGREEMENT (hereinafter referred to as “Agreement”) is made and entered into
this 1st day of July, 2023, by and between the CITY OF ROANOKE (hereinafter referred to as
“Roanoke City”), the COUNTY OF ROANOKE (hereinafter referred to as “Roanoke County”),
and the COUNTY OF BOTETOURT (hereinafter referred to as “Botetourt”), (hereinafter referred
to collectively as “parties” or “participating localities”), each of which is a political subdivision or
municipality of the Commonwealth of Virginia.
WITNESSETH:
WHEREAS, Virginia Code § 3.2-6546 requires the governing body of each county or city
to maintain or cause to be maintained a public animal shelter; and
WHEREAS, Virginia Code § 3.2-6546 allows one or more local governing bodies to
contract for the establishment of a public animal shelter in conjunction with one another; and
WHEREAS, the governing bodies of Roanoke City, Roanoke County, and Botetourt have
determined that it is in the best interest of all three localities to operate a single public animal
shelter; and
WHEREAS, by Special Warranty Deed dated October 31, 2013, and recorded in the
Clerk’s Office of the Circuit Court of the City of Roanoke as Instrument Number 130012723, the
City of Roanoke, Virginia, the Town of Vinton, Virginia, the County of Roanoke, Virginia, and
the County of Botetourt, Virginia, mutually acquired a certain parcel of real estate, located in the
City of Roanoke (City of Roanoke Tax Map #3210434), which contains approximately 3.236
acres, for the purposes of maintaining the public animal shelter; and
WHEREAS, at the time of the acquisition (October 31, 2013), the percentage of ownership
in the aforementioned real estate was as follows: the City of Roanoke, Virginia, owns a fifty-eight
percent (58%) undivided interest; the Town of Vinton, Virginia (the “Town”), owns a four percent
(4%) undivided interest; the County of Roanoke, Virginia, owns a twenty-two percent (22%)
undivided interest; and the County of Botetourt, Virginia, owns a sixteen percent (16%) undivided
interest; and
WHEREAS, on or about April 9, 2019, the Town, withdrew and terminated its participation
in the Roanoke Valley Regional Pound Agreement dated January 7, 2013, and pursuant to Section
5-3 of that Roanoke Valley Regional Pound Agreement dated January 7, 2013, the Town
relinquished any and all interest in the aforementioned real estate; and
WHEREAS, pursuant to a Memorandum of Understanding entered into between the
County of Roanoke and the Town on April 9, 2019, (1) the County of Roanoke assumed financial
responsibility of the Town’s usage of the regional animal control facility, (2) the Town agreed to
be eliminated as a member of the Roanoke Valley Regional Pound Agreement, and (3) the Town
agreed to discontinue appointing a member to the Executive Committee and to join the County of
2
Roanoke in a request to appoint or cause to be appointed as a member of the Executive Committee
an additional County of Roanoke representative; and
WHEREAS, due to the Town’s withdrawal as a participating locality, the percentage of
ownership in the aforementioned real estate is now as follows: the City of Roanoke, Virginia, owns
a fifty-eight percent (58%) undivided interest; the County of Roanoke, Virginia, owns a twenty-
six percent (26%) undivided interest; and the County of Botetourt, Virginia, owns a sixteen percent
(16%) undivided interest; and
WHEREAS, the public animal shelter is maintained in a building on the aforementioned
real estate, and is named the Regional Center for Animal Care and Protection (hereinafter the
“RCACP”); the address of the RCACP is 1510 Baldwin Avenue, Roanoke, Virginia; and
WHEREAS, the participating localities are authorized to enter into this Agreement jointly
by ordinance pursuant to Virginia Code § 15.2-1300; and
NOW, THEREFORE, for and in consideration of the mutual obligations and mutual
benefits accruing to the participating localities from this Agreement, the City Council for the City
of Roanoke, the Board of Supervisors of the County of Roanoke, and the Board of Supervisors for
the County of Botetourt agree upon the following terms:
ARTICLE I. RCACP PROPERTY
Sec. 1-1. Management of the RCACP Property. All use and operation of the real estate
located at 1510 Baldwin Avenue, Roanoke, Virginia, and the RCACP facilities shall be managed
by the Board of Directors established pursuant to Section 4-3 below.
Sec. 1-2. Proceeds of Real Estate and Personal Property. The net proceeds of the sale or
rental of any real property interest in the real estate located at 1510 Baldwin Avenue, Roanoke,
Virginia, or any portion thereof or any product or personal property therefrom, to any of the parties
or any outside party shall be shared in proportions as to the ownership of the real estate located at
1510 Baldwin Avenue, Roanoke, Virginia, which is as follows: the City of Roanoke – fifty-eight
percent (58%), the County of Roanoke – twenty-six percent (26%), and the County of Botetourt –
sixteen percent (16%).
ARTICLE II. SHARING COSTS
Sec. 2-1. Annual Calculation of Cost Shares. The costs to operate the RCACP shall be
shared by the participating localities based on the percentage of usage of each participating locality
at the end of the calendar year. Each participating locality’s usage shall include the number of
dogs, cats, or other companion animals brought to the RCACP from the said participating locality
each calendar year.
Sec. 2-2. Use of Animal Shelter. Each participating locality shall be required to follow an
animal intake policy as that intake policy is approved by the Board of Directors. The animal intake
3
policy shall comply with any applicable provisions of the Virginia Code in effect at any given
time.
ARTICLE III. BUDGET AND FISCAL MATTERS
Sec. 3-1. Fiscal Agent. Roanoke County shall serve as the fiscal agent for the RCACP
until otherwise agreed to by a unanimous vote of the Board of Directors. The fiscal agent will
maintain a program account for the receipt of funds paid by the participating localities and fees
paid by the general public, and for payment expenses for the operation, maintenance, repairs, and
capital improvements to the RCACP.
Sec. 3-2. Host Locality. Host locality shall be defined as the locality in which the RCACP
is located. As of the date of this Agreement, the City of Roanoke is the host locality.
Sec. 3-3. Budget. The Board of Directors shall adopt an annual budget for the operations,
maintenance and necessary repairs to the RCACP in each ensuing fiscal year. The budget shall be
submitted by the Executive Director for approval at the quarterly meeting in April of each year so
that the RCACP budget can be included in each participating locality’s budget proposals. At the
option of the Board of Directors, the budget request in any year may include components for future
construction to or other capital improvements for the RCACP.
Sec. 3-4. Annual Adjustment of Expenses. At the end of each fiscal year, a financial audit
shall be performed in order to adjust any discrepancy or discrepancies between the budgeted
payments and each participating locality’s actual and appropriate share of expenses for the prior
year.
Sec. 3-5. Debt. The Board of Directors shall have no authority to incur debt obligations
or approve expenditures in excess of the funds appropriated to it by the governing bodies of each
of the participating localities. However, the Board of Directors may, by unanimous vote,
recommend the issuance of new debt or the restructuring of existing debt which would then require
the approval of the governing bodies for each of the participating localities.
Sec. 3-6. Executive Director and Employees. The Board of Directors shall be responsible
for the hiring of an Executive Director for the RCACP. All employees assigned to the RCACP,
including the Executive Director, shall be employees of the Fiscal Agent and shall be subject to
the personnel policies of the Fiscal Agent. The Executive Director reports directly to the Board of
Directors and shall be evaluated from time to time by and in the discretion of the Board of
Directors.
Sec. 3-7. Indemnification and Insurance. Each participating locality shall maintain its own
workers’ compensation and public official’s liability insurance coverage, and each participating
locality shall retain its full legal responsibilities for injuries or property damage arising from its
employees’ use of the RCACP. Nothing in this agreement shall be interpreted as an assumption
of joint and several liability, or as an indemnification of any participating locality by any of the
others. General liability insurance for the facility shall be purchased by the Fiscal Agent. Each
4
party to this agreement shall be billed for and shall pay its proportional share of General Liability
coverage in accordance with the formula set forth in Article II.
ARTICLE IV. OPERATIONS AND DISPUTE RESOLUTION
Sec. 4-1. Term. The term of this Agreement shall commence on July 1, 2023, and shall
terminate on June 30, 2028, unless sooner terminated or further extended as provided for herein.
As of each five (5) year anniversary of the effective date of this Agreement (July 1), the term of
this Agreement shall automatically be extended for one additional five (5) year term beyond the
then existing date of termination, unless one or more of the participating localities chooses to
withdraw from this Agreement in accordance with the process outlined Article V.
Sec. 4-2. Executive Director. The day to day operations of the RCACP shall be performed
by the Executive Director appointed in accordance with Section 3-6 of this Agreement. The
Executive Director shall be responsible for building and maintaining rescue partner relationships
and volunteer relationships to enhance the mission of the RCACP. The Executive Director shall
work closely with each participating locality’s animal control officers to maintain communication
and a positive working relationship.
Sec. 4-3. Board of Directors. The overall operations of the RCACP shall be the
responsibility of a Board of Directors as set forth herein. The composition and purposes of the
Board of Directors are as follows:
(1) The members of the Board of Directors shall consist of: (1) the City
Manager for the City of Roanoke or his or her designee; (2) the County
Administrator for the County of Roanoke or his or her designee; (3) an additional
member appointed by the chief executive officer of the County of Roanoke; (4) the
County Administrator for the County of Botetourt or his or her designee; and (5) a
member appointed by the chief administrative officer of the locality that serves as
the Host Locality.
(2) The Board of Directors shall meet at least quarterly, unless otherwise agreed
upon by a majority vote of the members of the Board of Directors. Special meetings
may be called by any two members by actual notice delivered to all members at
least forty-eight (48) hours prior to the meeting date or may be held at any time
upon attendance at meetings by all members. Meetings may be held remotely, at
the discretion of the chair, in accordance with the provisions of the Freedom of
Information Act and as may be adopted in its bylaws or rules of procedure.
(3) A quorum necessary to act at any meeting of the Board of Directors shall
be three (3) members or their officially-appointed designees. A majority vote of
the members in attendance shall decide any issue presented unless otherwise set
forth in this Agreement.
(4) The Board of Directors shall ensure that the operation of the RCACP meets
all requirements of state and federal laws and regulations pertaining to such
5
facilities; ensure that all operations and staffing of the RCACP meet the
requirements of any state or federally-issued permit; ensure that the use, care, and
maintenance of the equipment located at the RCACP meets the manufacturer’s
recommendations; ensure that the building and grounds are properly maintained
and that repairs, when needed, are promptly done; and generally give direction to
the Executive Director with respect to the above.
(5) The chair of the Board of Directors shall rotate among the City Manager for
the City of Roanoke or his or her designee on the Board of Directors; the County
Administrator for the County of Roanoke or his or her designee on the Board of
Directors; and the County Administrator for the County of Botetourt or his or her
designee on the Board of Directors and shall be for a term of two (2) years, with
the rotation continuing in similar fashion for the life of this Agreement. The current
chair is Richard Caywood, and his term shall expire on July 1st, 2023.
(6) The meetings of the Board of Directors shall be conducted pursuant to
parliamentary procedures as set forth in “Roberts Rules of Order” and such bylaws
or rules of procedure as may be adopted by a majority vote of the membership of
the Board of Directors, not inconsistent with the Virginia Freedom of Information
Act or successor provision of law.
(7) The Executive Director shall make available to the Board of Directors or
any of its sub-committees all records, work sheets, financial records, and
documents or instruments of any nature, regarding and pertaining to the operation,
maintenance, or fiscal affairs of the RCACP.
(8) A fiscal affairs committee is hereby established as an advisory committee
to the Board of Directors. The fiscal affairs committee shall consist of a designee
appointed by the chief executive officer of each participating locality. The fiscal
affairs committee shall meet with the Executive Director and Director of Operations
to review monthly operations, policies, procedures, monthly reports, and other
budget and fiscal issues. The fiscal affairs committee shall provide the operational
support needed by the Executive Director as it pertains to the day to day operations
of the RCACP. The fiscal affairs committee shall report to the Board of Directors
on the status of the operations of the RCACP at each meeting of the Board of
Directors.
Sec. 4-4. Dispute Resolution. Any dispute, disagreement, or controversy arising among
the parties hereto as to the operation of the RCACP, if not resolved by the parties within thirty (30)
days of the date such dispute, disagreement, or controversy arose, may be resolved through non-
binding mediation.
ARTICLE V. WITHDRAWAL OF A PARTY
Sec. 5-1. Withdrawal. Any party to this Agreement may withdraw and terminate such
locality’s participation in this Agreement as set forth herein:
6
(1) Such party’s governing body must take appropriate action by ordinance
authorizing such withdrawal and termination; and
(2) The party seeking to withdraw from this Agreement shall deliver in person
or by certified mail return receipt requested a formal written notice to each of the
individuals listed under Section 6-2 of this Agreement on or before June 30 of the
then current fiscal year, but which notice shall not be effective until midnight on
June 30 of the following fiscal year. The purpose of this notice requirement is to
give the non-withdrawing party or parties at least twelve (12) months’ notice of the
withdrawing party’s decision to no longer participate in the Agreement.
Sec. 5-2. Responsibility of Compliance. Any party to this Agreement which provides
notice to withdrawal pursuant to Section 5-1 above shall be responsible for complying with such
Agreement until the effective date of the withdrawal notice as referred to in Section 5-1 above.
Sec. 5-3. Withdrawing Party’s Interest in Assets. Any party withdrawing from this
Agreement shall not be entitled to and shall not receive any financial or other compensation,
adjustment, or credit of any type for the value of equipment, assets, grant or other funds, real,
personal, tangible or intangible property, accounts receivable, or any other items that may be used
or held for the benefit of the RCACP. Further, any locality withdrawing from this Agreement shall
also relinquish any and all interest in the property it has under Article I of this Agreement.
Sec. 5-4. Future Operation of RCACP. Upon a party’s notification of withdrawal pursuant
to Sec. 5-1, the nonwithdrawing parties, in their sole discretion, may continue the operations of
the RCACP under this Agreement with such modifications as they deem appropriate or under a
new agreement as such nonwithdrawing parties deem appropriate. However, such modifications
or new agreement shall not alter the financial obligations of the withdrawing party. The
withdrawing party shall have no vote or right to object to the actions of the nonwithdrawing parties
regarding any modifications to this Agreement or a new agreement so long as the withdrawing
party’s financial obligations are not altered. The withdrawing party shall also have no further right
to use or receive the benefits of the RCACP operations after the effective date of withdrawal.
Sec. 5-5. Cooperation upon Withdrawal. The withdrawing party shall cooperate with the
nonwithdrawing parties in order to provide for a smooth transition of operations and control to
such nonwithdrawing parties, including, but not limited to, executing any documents and providing
any information the nonwithdrawing parties may reasonably request.
Sec. 5-6. Rights of the Nonwithdrawing Parties. If at any time the nonwithdrawing parties
decide to no longer operate the RCACP, such parties may do so only upon such terms and
conditions as such parties deem appropriate in accordance with the direction of the governing body
of each nonwithdrawing party.
Sec. 5-7. Right to Rescind Notice of Withdrawal. Any withdrawing party may rescind
such party’s notice to withdraw only during the first 60 days after the date such notice was given.
After such 60-day time period, the withdrawing party may request that such withdrawal notice be
7
rescinded, but any such rescission request shall require the written consent of all of the
nonwithdrawing parties to be effective.
Sec. 5-8. Withdrawing Party’s Responsibility for Debt. No party may withdraw from any
authority that has outstanding bonds without the unanimous consent of all the holders of such
bonds unless all such bonds have been paid or cashed or United States government obligations
have been deposited for their payment. Any withdrawing party shall continue to be responsible for
its share of any debt for capital improvements made to the RCACP, and any allocation of debt
payments shall be made by the withdrawing party based upon the percentage cost sharing terms
provided for in Article II for one year following its withdrawal from this Agreement.
ARTICLE VI. MISCELLANEOUS
Sec. 6-1. Effective Date. The effective date of this agreement shall be July 1, 2023.
Sec. 6-2. Notices. Notices hereunder shall be sent by certified mail to the respective
parties to the following officers or their successors:
Richard L. Caywood, County Administrator
COUNTY OF ROANOKE, VIRGINIA
5204 Bernard Drive
Roanoke, Virginia 24018
Copy to: Peter S. Lubeck, County Attorney
COUNTY OF ROANOKE, VIRGINIA
5204 Bernard Drive
Roanoke, Virginia 24018
Robert Cowell, City Manager
CITY OF ROANOKE, VIRGINIA
215 Church Avenue SW
Roanoke, Virginia 24011
Copy to: Tim Spencer, City Attorney
CITY OF ROANOKE, VIRGINIA
215 Church Avenue SW
Roanoke, Virginia 24011
Gary Larrowe, County Administrator
COUNTY OF BOTETOURT, VIRGINIA
57 S. Center Dr., Suite 200
Daleville, Virginia 24083
Copy to: Michael W.S. Lockaby, County Attorney
COUNTY OF BOTETOURT, VIRGINIA
Spilman, Thomas & Battle, PLLC
8
310 First Street, Suite 1100 (ZIP 24011)
P.O. Box 90
Roanoke, Virginia 24002-0090
Sec. 6-3. Captions and Headings. The section captions and headings are for convenience
and reference purposes only and shall not affect in any way the meaning or interpretation of this
Agreement.
Sec. 6-4. Counterpart Copies. This Agreement may be executed in any number of
counterpart copies, each of which shall be deemed an original, but all of which together shall
constitute a single instrument.
Sec. 6-5. Severability. The invalidity, illegality or unenforceability of any provision of
this Agreement as determined by a court of competent jurisdiction shall in no way affect the
validity, legality or enforceability of any other provision hereof.
Sec. 6-6. Waiver. No failure or delay of any party to insist on strict observance of any
provision of this Agreement, and no custom or practice of the parties at variance with the terms
hereof, shall be deemed a waiver of any provision of this Agreement in any instance.
Sec. 6-7. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia.
Sec. 6-8. Entire Agreement. This Agreement and the attachments hereto constitute the full
agreement among the parties. This Agreement may only be amended by written amendment
adopted by each of the participating localities.
IN WITNESS WHEREOF, the parties hereto have set their signatures and seals this the
day and year first above written.
(Signature Pages to Follow)
9
CITY OF ROANOKE, VIRGINIA
By: _____________________________________
Mayor
____________________________________
Clerk
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
The foregoing instrument was acknowledged before me this ______ day of
_______________, 2023, by ______________________________, Mayor of the City of
Roanoke, Virginia.
My Commission Expires: _____________________________________
____________________ Notary Public
10
COUNTY OF ROANOKE, VIRGINIA
By: _____________________________________
Chairman of the Board of Supervisors
____________________________________
Clerk
COMMONWEALTH OF VIRGINIA
COUNTY OF ROANOKE
The foregoing instrument was acknowledged before me this ______ day of
_______________, 2023, by ______________________________, Chairman of the Board of
Supervisors of the County of Roanoke, Virginia.
My Commission Expires: _____________________________________
____________________ Notary Public
11
COUNTY OF BOTETOURT, VIRGINIA
By: _____________________________________
Chairman of the Board of Supervisors
____________________________________
Clerk
COMMONWEALTH OF VIRGINIA
COUNTY OF BOTETOURT
The foregoing instrument was acknowledged before me this ______ day of
_______________, 2023, by ______________________________, Chairman of the Board of
Supervisors of the County of Botetourt, Virginia.
My Commission Expires: _____________________________________
____________________ Notary Public
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, JUNE 27, 2023
ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
FOR OPERATION OF THE REGIONAL CENTER FOR ANIMAL CARE
AND PROTECTION
WHEREAS, Virginia Code § 3.2-6546 requires the governing body of each county
or city to maintain or cause to be maintained a public animal shelter; and
WHEREAS, Virginia Code § 3.2-6546 allows one or more local governing bodies
to contract for the establishment of a public animal shelter in conjunction with one another;
and
WHEREAS, the governing bodies of Roanoke City, Roanoke County, and
Botetourt have determined that it is in the best interest of all three localities to operate a
single public animal shelter, and to enter into a regional agreement for the operation of
such; and
WHEREAS, §15.2-1300 of the Code of Virginia requires that agreements for the
joint exercise of powers by political subdivisions be approved by ordinance; and
WHEREAS, the first reading of this ordinance was held on June 13, 2023, and the
second reading was held on June 27, 2023.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The Board hereby approves the Regional Animal Shelter Agreement with
Roanoke City and the County of Botetourt for the operation of a regional
animal shelter.
2. The County Administrator, Deputy County Administrator or Assistant
County Administrator, any of whom may act, are authorized to execute and
Page 2 of 2
deliver the Regional Animal Shelter Agreement. The form of the Regional
Animal Shelter Agreement presented to the Board is hereby approved with
such completions, omissions, insertions, and changes as the County
Administrator may approve, whose approval shall be evidenced
conclusively by the execution and delivery thereof.
3. The County Administrator, Deputy County Administrator, or Assistant
County Administrator, any of whom may act, are hereby authorized and
directed to execute, deliver and record, as necessary, all other documents
on behalf of the County and to take all such further action as any of them
may deem necessary or desirable in connection with the establishment and
operation of a regional animal shelter.
4. This ordinance shall be effective from and after the date of its adoption.
Regional Center for Animal Care and Protection (RCACP) Regional Agreement
Board of Supervisors Meeting
June 13, 2023
Background
•RCACP was previously an open intake facility managed by
Roanoke Valley SPCA
•In December 2012, localities assumed operational
responsibility as the municipal animal shelter for the City of
Roanoke, Counties of Botetourt and Roanoke, and Town of
Vinton
•Service to a combined population of 238,585 citizens
•Estimated pet population is approximately 4,000 annually
•Roanoke County has served as fiscal agent since inception
2
Intergovernmental Agreement
•Previous Ordinance for Intergovernmental Agreement
signed in 2013
•10-year term; expires June 30, 2023
•New Agreement Drafted by Roanoke County Attorney’s
Office
•Requires Ordinance and First and Second Reading
3
Intergovernmental Agreement
•Updates include:
•Removal of Town of Vinton as participating entity
•Reallocates Town of Vinton ownership percentage (4%) to Roanoke County
•Reallocates Town of Vinton Board position to Roanoke County
•Updated verbiage from “Executive Committee” to “Board of
Directors”
•Updated verbiage from “pound” to “animal shelter”
•Added termination date of June 30, 2028, with 5-year automatic
extensions
•Allowance of virtual business meetings, and cancellation of quarterly
meetings, if agreed upon by the majority of the members
4
Next Steps
•RCACP Executive Committee agreement to be approved at
special meeting held June 13, 2023
•Roanoke County Second Reading –scheduled June 27, 2023
•Botetourt County and Roanoke City approval –June 2023
5
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: June 27, 2023
AGENDA ITEM: Ordinance authorizing an Agreement with the City of
Roanoke to authorize the City of Roanoke to act as the
Erosion and Sediment Control Authority and Stormwater
Management Program Authority for the Glade Creek Stream
Restoration Project
SUBMITTED BY: Tarek Moneir
Director of Development Services
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
An ordinance is needed to authorize the execution of an Agreement with the City of
Roanoke to authorize the City of Roanoke to act as the Erosion and Sediment Control
Authority and the Stormwater Management Program Authority for the City of Roanoke’s
project - Glade Creek Stream Restoration, located in the City of Roanoke and in the
Town of Vinton.
BACKGROUND:
The City of Roanoke intends to construct a stream restoration project on Glade Cre ek,
which forms the border between the City of Roanoke and the Town of Vinton. This
project will address excessive stream erosion that is occurring in this area.
This project will extend along Glade Creek, approximately 500 feet upstream of Gus
Nicks Boulevard to approximately 1,500 feet downstream of Gus Nicks Boulevard (see
attached Exhibit A). This project will require an Erosion and Sediment Control Permit
and a Virginia Stormwater Management Program permit for the land disturbance both
within the City of Roanoke and the Town of Vinton. The Development Services
Department of County of Roanoke is the local permitting program for Erosion and
Sediment Control and the Virginia Stormwater Management Program within the Town of
Vinton.
Page 2 of 2
Construction is anticipated to occur in the winter of 2023. An easement will also be
required from Roanoke County for work that is intended to occur on property owned by
the County (Former Roanoke County Career Center). A separate board action will be
submitted for this easement at a later date, as soon as the appropriate easement
documents are received from the City of Roanoke. Action is requested on this
Agreement at this time, to allow the City to proceed with permitting activities.
DISCUSSION:
An Erosion and Sediment Control Permit and a Stormwater Discharge Permit must be
obtained prior to engaging in land disturbing activities. It is in the best interest of both
localities (City and County), if only one locality permits the work to avoid the need for
multiple Erosion and Sediment Control and Virginia Stormwater Management Program
permits. Because more than fifty (50) percent of the regulated disturbed land lies within
the City of Roanoke, they may act as the sole local permitting authority, if a written
agreement is executed by the County of Roanoke. Staff has consulted with Town of
Vinton staff, who have confirmed that the Town of Vinton has no objections to the
County of Roanoke delegating permit authority for this project to the City of Roanoke.
There have been no changes since the first reading of this ordinance.
FISCAL IMPACT:
None
STAFF RECOMMENDATION:
Staff recommends approval of the attached ordinance.
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1,0005002500
1 Inch = 250 Feet
City of Roanoke
Glade Creek
Stream Restoration
May 2023Parcels
Town of Vinton
City of Roanoke
Streets
Project Area
Glade Creek
Roanoke County
Career Center
T:\StormWater Management\GIS Projects\CGriffith\RoCity_GladeCreek
Roanoke County, Va 2022, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community
Exhibit 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, JUNE 27, 2023
ORDINANCE AUTHORIZING AN AGREEMENT WITH THE CITY OF
ROANOKE TO ACT AS EROSION AND SEDIMENT CONTROL
AUTHORITY AND STORMWATER MANAGEMENT PROGRAM
AUTHORITY FOR THE GLADE CREEK STREAM RESTORATION
PROJECT
WHEREAS, the City of Roanoke is undertaking a stream restoration project on
Glade Creek, which passes through both the City and the Vinton Magisterial District in
the County; and
WHEREAS the stream restoration project will occur in the City of Roanoke and in
the Town of Vinton; and
WHEREAS, the land disturbance activities will be necessary to effectuate the
project; and
WHEREAS, an Erosion and Sediment Control Permit and Stormwater Discharge
Permit must be obtained prior to engaging in land -disturbing activities; and
WHEREAS, the parties agree that since more than fifty percent of the land -
disturbance activities will occur in the City, the City may act as the sole permitting authority
for erosion and sediment control and stormwater discharge control, and the County is
willing to delegate this authority to the City; and
WHEREAS, the parties have prepared a written agreement to memorialize the
terms and conditions for such delegation of authority with regard to this Glade Creek
stream restoration project; and
WHEREAS, Section 15.2-1300 of the Code of Virginia, 1950, as amended,
requires that inter-governmental agreements involving joint exercise of powers, privileges
Page 2 of 2
or authority be accomplished by ordinance; the first reading of this ordinance was held on
June 13, 2023, and the second reading was held on June 27, 2023.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the agreement between the County and the City of Roanoke with
regard to delegation of erosion and sediment control and stormwater discharge control,
as set forth in the above preliminary recitals, is hereby authorized and approved.
2. That the County Administrator, Deputy County Administrator or Assistant
County Administrator is authorized to execute the agreement and other related
documents on behalf of the County, and to take all such further action as any of them
may deem necessary or desirable in connection with this project. The form of the
agreement and any other such documents shall be approved as to form by the County
Attorney.
3. That this ordinance shall be effective from and after the date of its adoption.
Page 1 of 5
AGREEMENT TO ADMINISTER THE EROSION AND SEDIMENT CONTROL AND
VIRGINIA STORMWATER MANAGEMENT PROGRAMS FOR THE GLADE CREEK
STREAM RESTORATION PROJECT
This AGREEMENT is entered into this ________ day of ______________ 2023, by and
between the COUNTY OF ROANOKE, VIRGINIA (the “County”), and the CITY OF
ROANOKE, VIRGINIA (the “City”).
RECITALS
WHEREAS, the City is working to construct a stream restoration project in Glade Creek
that extends along the creek approximately 1,320 feet downstream, and 1,720 feet upstream, of
the Gus Nicks Boulevard Bridge; as indicated on Plans titled “Glade Creek Stream Restoration
Plans”, prepared by Stantec Consulting Services, Inc. (referred to hereafter as the “Project”); and
WHEREAS, the Project will disturb land in both the City and the Town of Vinton, a
municipal corporation of the Commonwealth of Virginia which lies within the boundaries
of Roanoke County, a political subdivision of the Commonwealth of Virginia; and
WHEREAS, before engaging in land-disturbing activities, the following permits must be
obtained pursuant to Section 62.1-44.15:55 of the Code of Virginia:
1. A 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
WHEREAS, the County is the VESCP and VSMP Authority for the Town of Vinton and
the City is the VESCP and VSMP Authority for the City of Roanoke; and
WHEREAS, more than fifty percent (50%) of the regulated land-disturbing activity will
occur within the City; and
Page 2 of 5
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
(VSMP) permit were issued to the Project; rather than one permit for each locality (County and
City); and
WHEREAS, pursuant to Section 62.1-44.15:55 of the Code of Virginia, projects that
disturb land in two jurisdictions may receive a single erosion and sediment control permit. The
permit may be issued for the entire project by the jurisdiction where more than fifty percent
(50%) of the regulated land-disturbing activity will occur, upon the condition that there be a
suitable written agreement between the two jurisdictions; and
WHEREAS, the City Engineer has consulted with the local representative for Virginia
Department of Environment Quality (“DEQ”), pursuant to Section 62.1-44.15:32 of the Code of
Virginia, and has been advised that a single stormwater discharge permit may be issued for the
entire project; and
WHEREAS, the City understands and accepts full responsibility as the VSMP authority
for the project, and all the aspects that entails. All parties were made aware of the City’s sole
responsibility to act as the project’s VSMP authority for local plan and permitting approval; and
WHEREAS, the parties have agreed that the City 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 the Town of Vinton as well as in the
City.
THE PARTIES THEREFORE AGREE as follows:
1. The City shall serve as the Local Authority for the Virginia erosion and sediment
control program and the Virginia Stormwater Management program. In this
Page 3 of 5
capacity, The City 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.
2. The County recognizes the City’s authority as the Local Authority for the Virginia
erosion and sediment control program and the Virginia Stormwater Management
program. If the County has any regulatory concerns while the erosion and
sediment control and Virginia Stormwater Management Program Permits, issued
by the City, are active, the County will provide them in writing to the City for
their consideration and action.
3. This agreement may be terminated as follows:
a. If the County desires to terminate this agreement, the County shall give the
City ninety (90) days’ written notice (recognizing that the City would need
this time in order to secure the appropriate permits from the County to
continue construction of the Project).
b. If the City desires to terminate this agreement, the City shall give the County a
minimum of thirty (30) days’ written notice.
Page 4 of 5
WITNESS the following signatures and seals:
CITY COUNCIL OF
THE CITY OF ROANOKE, 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 of Roanoke.
_______________________________________
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
ACTION NO.
ITEM NO. E.4
AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 27, 2023
AGENDA ITEM: Ordinance accepting funds in the amount of $312,50 4 from
the Virginia Department of Criminal Justice Services, and
appropriating such funds for use by the Roanoke County
Police Department for school resource officers
SUBMITTED BY: Michael Poindexter
Chief of Police
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Accept and appropriate $312,504 from the Virginia Department of Criminal Justice
Services Fiscal Year 2023 with a local match of $179,096 for a total of $491,600 for
eight School Resource Officers.
BACKGROUND:
The Department of Criminal Justice Services has awarded funding to the Roanoke
County Police Department through the School Resource Officer Grant Program Fund
for Fiscal Year 2024, in the amount of $312,504 with a local match of $179,096 for a
total of $491,600. This is the second year of the original grant.
DISCUSSION:
The Virginia Department of Criminal Justice Services has awarded funding to the
Roanoke County Police Department to fund salaries and benefits for eight new School
Resource Officers to be assigned to eight of the sixteen elementary schools located
within Roanoke County.
There have been no changes since the first reading of this ordinance on June 13, 2023.
FISCAL IMPACT:
Page 2 of 2
Year two of the grant requires a local match of $179,096 if all eight Schoo l Resource
Officers are hired. Any local match that will be needed will come from police
departmental personnel savings in the fiscal year 2024 operating budget which has
already been appropriated. All funds needed to cover the costs for the School Resour ce
Officers will be deposited within the grant fund.
STAFF RECOMMENDATION:
Staff recommends approval of the attached ordinance.
1
May 26, 2023
Richard Caywood
County Administrator
5204 Bernard Drive
Roanoke,Virginia 24018
RE: 507934-FY24 SRO: SRO Incentive Grant Program
Dear Richard Caywood:
Congratulations on being a recipient of the above referenced grant program! Your DCJS grant
award number is 24-245-B and was approved for a total award of $491,600, funded through Award
Number 2024-FREE-GRANT. The project period is 7/01/2023 through 06/30/2024.
Included with this letter is a Statement of Grant Award/Acceptance (SOGA). Please note hard
copies of the General Special Conditions, as well as the Reporting Requirements and Projected Due
Dates, are now referred to as Conditions and Requirements and are posted online at
https://www.dcjs.virginia.gov/grants/grant-requirements.
In addition to the general Special Conditions, there may be grant specific Specia l Conditions
related to your Grant Award called Encumbrances. If there are any, you are required to adhere to these
conditions via the On-line Grants Management System (OGMS) at https://ogms.dcjs.virginia.gov/. If
you have not previously done so, you must register in order to use this web -based system. The
instructions on Registering for a New Account and Submitting Action Item Encumbrances are posted
here https://www.dcjs.virginia.gov/grants/ogms-training-resources along with other resources and
training videos. All registrants will be approved within 3 – 5 business days.
We will be happy to assist you in any way we can to assure your project’s success. To indicate
your acceptance of the award and conditions, please sign the included SOGA and return it
electronically within the next 60 days to grantsmgmt@dcjs.virginia.gov. If you have questions, contact
your DCJS Grant Monitor Michelle Miles at Michelle.Miles@dcjs.virginia.gov or via email at 804-
225-1846.
Sincerely,
Jackson Miller
2
STATEMENT OF GRANT AWARD (SOGA)
Virginia Department of Criminal Justice Services
1100 Bank Street, 12th Floor
Richmond, Virginia 23219
Project Director Project Administrator Finance Officer
Patrick Pascoe
Commander
5925 Cove Road
Roanoke, Virginia 24019
540-777-5258
ppascoe@roanokecountyva.gov
Richard Caywood
County Administrator
5204 Bernard Drive
Roanoke, Virginia 24019
540-776-7190
rcaywood@roanokecountyva.gov
Joshua Pegram
Financial Analyst
5204 Bernard Drive
Roanoke, Virginia 24018
540-283-8137
jpegram@roanokecountyva.gov
*Please indicate your ICR in the space provided, if applicable. As the duly authorized
representative, the undersigned, having received the Statement of Grant Awards (SOGA) and
reviewing the Special Conditions, hereby accepts this grant and agree to the conditions and
provisions of all other Federal and State laws and rules and regulations that apply to this award.
Signature: ______________________________ Authorized Official (Project Administrator)
Title: ______________________________
Date: _____________________________
507934-FY24 SRO: SRO Incentive Grant Program
Subgrantee: Roanoke County
DCJS Grant Number: 24-245-B
Grant Start Date: 07/01/2023
Grant End Date: 06/30/2024
Indirect Cost Rate: _____% *If applicable
Federal Funds:
State Special Funds: $312,504
Local Match: $179,096
Total Budget: $491,600
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, JUNE 27, 2023
ORDINANCE ACCEPTING FUNDS IN THE AMOUNT OF $312,504 FROM
THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES, AND
APPROPRIATING SUCH FUNDS FOR USE BY THE ROANOKE
COUNTY POLICE DEPARTMENT FOR SCHOOL RESOURCE
OFFICERS
WHEREAS, the Virginia Department of Criminal Justice Services has awarded
funding to the Roanoke County Police Department through the Schoo l Resource Officer
Grant Program Fund for fiscal year 2024, in the amount of $312,504, with a required local
match of $179,096 (for a total of $491,600); and
WHEREAS, this grant has been awarded to fund the salaries and benefits of eight
new school resource officers; and
WHEREAS, the local match of $179,096 will come from police department
personnel savings in the fiscal year 2024 operating budget, which funds have already
been appropriated; and
WHEREAS, the first reading of this ordinance was held on June 13, 2023, and the
second reading was held on June 27, 2023.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, that
1) Funds in the amount of $312,504 from the Virginia Department of Criminal Justice
Services are hereby accepted and appropriated to the grant fund,
2) The previously-appropriated local-match funds in the amount of $179,096 shall be
transferred to the grant fund as needed,
Page 2 of 2
3) All of such funds, totalling $491,600, shall be used by the Roanoke County Police
Department to fund the salaries and benefits of school resource officers, and
4) This ordinance shall be effective upon its adoption.
Page 1 of 2
ACTION NO.
ITEM NO. E.5
AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 27, 2023
AGENDA ITEM: Ordinance authorizing the execution of a Memorandum of
Understanding with Blue Ridge Behavioral Healthcare and
other local government entities governing the MARCUS Alert
Program for the Roanoke Valley
SUBMITTED BY: Michael Poindexter
Chief of Police
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Request to enter into a memorandum of understanding with Blue Ridge Behavioral
Healthcare for Roanoke County to participate in the MARCUS Alert Program beginning
July 1, 2023.
BACKGROUND:
In 2020, the General Assembly established Code f or a collaborative relationship
between parties for a system of uniform communications and operations of the
MARCUS Alert Program while also ensuring that individuals experiencing behavioral
health crisis are served by the behavioral health comprehensive c risis service system
when feasible.
DISCUSSION:
RCPD has actively participated with the development of the memorandum of
understanding and fully plans to participate in the protocols defined in the
memorandum.
There have been no changes since the first reading of this ordinance on June 13, 2023.
Page 2 of 2
FISCAL IMPACT:
None.
STAFF RECOMMENDATION:
Staff recommends approval of the attached ordinance.
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, JUNE 27, 2023
ORDINANCE AUTHORIZING THE EXECUTION OF A MEMORANDUM
OF UNDERSTANDING WITH BLUE RIDGE BEHAVIORAL
HEALTHCARE AND OTHER LOCAL GOVERNMENT ENTITIES
GOVERNING THE MARCUS ALERT PROGRAM FOR THE ROANOKE
VALLEY
WHEREAS, in 2020, the General Assembly established statutory requirements for
a collaborative system known as the “Marcus Alert” to guide the response of law
enforcement officers and other public safety employees when responding to calls for
service involving individuals experiencing behavioral health crises; and
WHEREAS, local law enforcement agencies and E911 centers in Botetourt
County, Craig County, City of Salem, City of Roanoke, Town of Vinton, and Roanoke
County have collaborated with Blue Ridge Behavioral Health care, the local community
services board, to establish protocols and procedures for responding to calls for service
for individuals experiencing a behavioral health crisis; and
WHEREAS, such collaboration is memorialized in a Memorandum of
Understanding signed by authorized representatives of all localities and agencies; and
WHEREAS, this collaboration among law enforcement, E911, and Blue Ridge
Behavioral Healthcare is designed to improve the health, welfare and safety of citizens;
and
WHEREAS, Section 15.2-1300 of the Code of Virginia, 1950, as amended,
requires that inter-governmental agreements involving joint exercise of powers, privileges
or authority be accomplished by ordinance; the first reading of this ordinance was held on
June 13, 2023, and the second reading was held on June 27, 2023.
Page 2 of 2
NOW, THEREFORE, BE IT ORDAINED BY the Board of Supervisors of Roanoke
County, Virginia, that
1. The Memorandum of Understanding among Roanoke County, the Sheriff of
Craig County, the Sheriff of Botetourt County, the Town of Vinton, City of
Salem, City of Roanoke, and Blue Ridge Behavioral Healthcare, and City of
Salem for the Marcus Alert Program be approved.
2. That the County Administrator, Deputy 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.
3. That this ordinance shall be effective on and from the date of its adoption.
MARCUS Alert Program MOU
Page 1 of 13
MEMORANDUM OF UNDERSTANDING
GOVERNING THE MARCUS ALERT PROGRAM FOR THE ROANOKE VALLEY, VIRGINIA – CITY OF
ROANOKE, CITY OF SALEM, COUNTY OF CRAIG, COUNTY OF ROANOKE, COUNTY OF BOTETOURT,
TOWN OF VINTON, VIRGINIA,
SERVICE AREA FOR BLUE RIDGE BEHAVIORAL HEALTHCARE
This Memorandum of Understanding Governing the MARCUS Alert Program for the Roanoke Valley,
Virginia – City of Roanoke, City of Salem, County of Craig, County of Roanoke, County of Botetourt,
Town of Vinton, Virginia, which is the Service Area for Blue Ridge Behavioral Healthcare
(“Agreement”), is made effective on the ____ day of ________________, 2023 (“Effective Date”), by
and between Blue Ridge Behavioral Healthcare (“BRBH”), New River Valley Community Services
(“NRVCS”), Frontier Health (“FH”), Matthew T. Ward, in his official capacity as Sheriff of Botetourt
County (“BCSO”), Botetourt County (“Botetourt”), Roanoke County (“County”), J. Eric Orange, in his
official capacity as Sheriff of Roanoke County (“RCSO”), Roanoke City (“City”), Antonio D. Hash, in his
official capacity as Sheriff of Roanoke City (“RSO”), April M. Staton, in her official capacity as Sheriff
of Salem City (“SSO”), and Trevor Craddock, in his official capacity as Sheriff of Craig County (“CCSO”)
(collectively, “the Parties”).
This Agreement must be in effect before any Party may participate in the MARCUS Alert Program also
known as the Mental Health Awareness Response and Community Understanding Services Program
(hereinafter the “MARCUS Alert Program”).
TERMS
1. TERM OF AGREEMENT
This Agreement shall be effective as of the “Effective Date” noted above and shall remain in effect
through June 30, 2024. Thereafter, this Agreement shall automatically renew for additional one (1)
year periods (July 1 – June 30) until any party to this Agreement terminates it as set forth herein.
2. PURPOSE OF AGREEMENT
2.1. The Parties enter into this Agreement for the following purposes:
2.1.1. To outline a plan for collaborative relationship between the Parties for a system
of uniform communications and operation of the MARCUS Alert Program in
compliance with Virginia Code §§ 9.1-193 and 37.2-311.1 which includes
ensuring that individuals experiencing behavioral health crises are served by the
behavioral health comprehensive crisis service system when feasible as well as
reducing the likelihood of physical confrontation;
2.1.2. To establish procedures and responsibilities of the Parties in deploying and
operating a MARCUS Alert Program to assist persons experiencing behavioral
MARCUS Alert Program MOU
Page 2 of 13
health crisis in the CITY OF ROANOKE, CITY OF SALEM, COUNTY OF CRAIG,
COUNTY OF ROANOKE, COUNTY OF BOTETOURT, and the TOWN OF VINTON,
VIRGINIA (hereinafter, the “Service Area”); and
2.1.3. To establish a uniform system within the Service Area for prioritization and
response to behavioral health crisis incidents.
2.2. This Agreement shall not create a legal entity, create rights in third persons; nor create
any contractual obligations between Parties.
3. COMPONENTS OF AGREEMENT
3.1. This Agreement shall consist of:
This document, “Memorandum of Understanding”;
Attachment A, “MARCUS Alert Program Protocol”;
Attachment B, “PSAP Triage Protocol”; and
Attachment C, “4 Level Triage Response Protocol.”
3.2. Each of the Attachments identified above is hereby incorporated by reference as if fully
set forth herein.
4. DEFINITIONS
The following definitions shall apply in this Agreement, including all Attachments.
Community Care Team means a team of mental health service providers, and may include
registered peer recovery specialists and law-enforcement officers as a team, with the mental health
service providers leading such team, to help stabilize individuals in crisis situations. Law
enforcement may provide backup support as needed to a community care team in accordance with
the protocols and best practices developed pursuant to § 9.1-193. In addition to serving as a co-
response unit, community care teams may, at the discretion of the employing locality, engage in
community mental health awareness and services.
Consumer means a person to whom services pursuant to this Agreement have been directed.
MARCUS Alert and Crisis Intervention Team (CIT) Coordinator means the person appointed by BRBH
to serve as the coordinator of the Co-Response and the Crisis Intervention Team (CIT) programs.
LE Officer means each law enforcement officer who will be responding with BRBH Clinical Staff for
purposes of the MARCUS Alert Program.
Co-Response Team means the LE Officer and BRBH Clinical staff assigned to respond to a specific call
for service pursuant to this Agreement.
MARCUS Alert Program MOU
Page 3 of 13
FH Call Center means the crisis call center operated by Frontier Health pursuant to their contract
with Planning District 1 (PD1) Community Services Board. The call center will receive transfer calls
for MARCUS Alert Level one and two triage levels from service area PSAPs
BRBH Access to Care Division Director means the person appointed by BRBH to serve as the Director
of the BRBH Access to Care Division.
Law Enforcement (LE) Agency means the law enforcement agency that employs the LE Officers who
are responding to a call for which this MOU governs.
Law Enforcement Partners means the locality or sheriff that is a a party to this Agreement.
Law enforcement support means law enforcement officers or officers dispatched to provide law
enforcement support to a Co-Response Team and/or Mobile Crisis Team.
Mobile crisis hub means the regional single point of coordination of communication and dispatch of
mobile crisis teams operated by NRVCS and funded by STEP-VA.
Mobile crisis team means a team of one or more qualified or licensed mental health professionals
that are dispatched by the Mobile Crisis hub to deliver services to individuals wherever they are
located within the service area. A law-enforcement officer shall not be a member of a mobile crisis
team, but law enforcement officers may provide back-up support as needed to a mobile crisis team.
Public safety answering point or PSAP means a call center where calls to 9-1-1 are answered and
appropriate response services dispatched.
PSAP Partners means the City of Roanoke PSAP, City of Salem PSAP, Roanoke County PSAP, Craig
County PSAP and Botetourt County PSAP.
5. PERSONNEL AND SUPERVISION
5.1. General.
5.1.1. The intention of the Parties is to comply with the Marcus-David Peters Act
(MARCUS Alert law). Services will be provided as staffing allows and the program
progresses. The daily schedule for the Co-Response team will be set by the
following positions or their designees: MARCUS Alert and CIT Coordinator, BRBH
Access to Care Division Director, and the LE Agency Sheriff, Chief of Police, or all,
as applicable.
5.1.2. Co-Response Teams should be available to provide services across the Service
Area during identified program hours. Alternative resources will be made
available during off hours.
MARCUS Alert Program MOU
Page 4 of 13
5.1.3. Each Party providing personnel in support of the MARCUS Alert Program agrees
to identify to the other Parties the staff member who shall be responsible to
serve as the primary point of contact for MARCUS Alert Program collaboration
and problem resolution as needed.
5.1.4. In the event MARCUS Alert Program dedicated staff are not available, BRBH or
the LE Agency, as applicable, will provide a trained substitute to fulfill the
responsibilities of the unavailable staff. In the event a trained substitute is not
available, BRBH or the LE Agency, as applicable, will notify the PSAP Partners and
implement standard off-hour procedures.
5.1.5. BRBH and the MARCUS Alert/CIT Coordinator may provide recommendations
and guidance to the LE Agency while the LE Officer(s) are actively responding to
a crisis situation and at the time of performance reviews.
5.2. Law Enforcement.
5.2.1. The respective LE Agency shall be responsible for supervision of the Law
Enforcement Officer(s) that it employs.
5.2.2. Each participating jurisdiction of protocol 3 will provide law enforcement officers
for the MARCUS Alert Program when available.
5.3. BRBH.
5.3.1. BRBH will provide licensed clinical staff to supervise the MARCUS Alert
Program’s overall operations and clinical staff.
5.3.2. BRBH will assign licensed (or license-eligible) clinicians to the MARCUS Alert
Program.
5.3.3. Additional trained BRBH clinicians will be available through telehealth access
and/or phone consultation if the primary team is dispatched on another call, or
if response/consultation is needed outside of standard operating hours.
5.4. Planning District 1 (“PD1”) and Frontier Health.
5.4.1. PD1 will provide for operation of a crisis call center by contract or otherwise for
operation of National Suicide Prevention Lines, Regional Crisis Call Lines and 9-8-
8 calls and coordination of dispatch of Mobile Crisis Teams.
5.4.2. FH Call Center will contact the Mobile Crisis Hub who will then dispatch Mobile
Crisis Teams for situations that do not require a law enforcement co-response,
MARCUS Alert Program MOU
Page 5 of 13
including additional HCS Mobile Crisis Teams under agreement with the Regional
Hub. Such dispatch will occur through the Regional Mobile Crisis Hub at NRVCS.
5.5. Personnel responsibilities of the Parties to this Agreement.
5.5.1. With the exception of Roanoke City, Roanoke City Sheriff’s Office, Roanoke
County, Roanoke County Sheriff’s Office and BRBH, this Agreement does not
require or prevent any Party to this Agreement from dedicating staff specifically
to the MARCUS Alert Program.
5.5.2. Except as specifically stated otherwise in this Agreement, each Party to this
Agreement is solely responsible for the hiring, evaluation, competency, and
overall compliance of its respective staff and supervisors who provide services
pursuant to this Agreement.
6. OFFICE SPACE, TRANSPORTATION, EQUIPMENT AND SUPPLIES
6.1. BRBH Clinical Staff.
6.1.1. BRBH will fund for all MARCUS Alert Program clinical staff office space and
related supplies, including cell phones, laptops, and additional mobile
communication and documentation resources (i.e. GPS-enabled iPads).
6.1.2. BRBH will fund the purchase of ballistic vests for all MARCUS Alert Program
clinical staff responding as part of the Co-Response Team, and the Law
Enforcement Partners will provide procurement assistance with such purchases.
6.1.3. The LE Agency will provide training for MARCUS Alert Program clinical staff on
how to use the radio communications equipment contained in the law
enforcement motor vehicles.
6.1.4. The LE Agency will assign portable radios, if available, for use by the MARCUS
Alert Program clinical staff for MARCUS Alert Program service and will provide
training for use of such radios. MARCUS Alert Program clinical staff’s use of the
portable radios will be limited to circumstances of immediate emergency.
6.1.5. PSAP Partners will assign a unique radio identifier to each of the BRBH Clinical
Staff assigned to the Co-Response Team to aid in Co-Response Team
communications.
6.2. Law Enforcement.
6.2.1. Va. Code § 9.1-193(D) encourages law enforcement to consider the impact on
persons in crisis that results from the presence of an officer in uniform or a
MARCUS Alert Program MOU
Page 6 of 13
marked vehicle at a response and mandates mitigation of such impact “when
feasible” through the use of plain clothes and unmarked vehicles.
6.2.2. The LE Agency will determine appropriate uniforms for its LE Officers and
whether the LE Officers will be assigned marked or unmarked vehicles, taking
into consideration the mandate noted above.
6.2.3. BRBH will reimburse the LE Agency the expense of purchasing soft uniforms for
the LE Officers, if such uniforms are purchased for purposes of services to be
provided pursuant to this Agreement.
6.2.4. The LE Agency for each of the LE Officers will fund provision of a motor vehicle,
all required equipment, training and (re)certification expenses associated with
their duties with the MARCUS Alert Program.
6.3. PSAP Partners and Frontier Health are each responsible to fund and provide the office
space, equipment, transportation, and supplies needed to perform their required
functions.
7. CONFIDENTIALITY AND SHARING OF INFORMATION
7.1. All personnel assigned to the MARCUS Alert Program shall comply with all applicable
federal, state, and local laws, rules, and regulations in the performance of this
agreement. Any information shared by BRBH will be in compliance with Health
Insurance Portability and Accountability Act (HIPAA) and Title 42 of the Code of Federal
Regulations (42 C.F.R. §§ 2.1-2556 ), including information that may be shared during
emergency situations in accordance with 45 C.F.R. § 164.512, as amended.
7.2. Specifically, the mental health history of a Consumer is will be accessed only by BRBH
clinical staff and is made available to law enforcement only as needed during critical
incidents.
7.3. BRBH clinical staff may disclose protected mental health information to other
specialized units with designated law enforcement partners identified herein in the
following circumstances:
7.3.1. In response to a court order or court-ordered warrant, or a subpoena or
summons issued by a judicial officer8.3.2. If BRBH clinical staff believes that the
Consumer presents a serious and imminent danger of violence to themselves or
another person.
7.4. BRBH clinical staff will not disclose or disseminate any confidential criminal justice
information to unauthorized individuals, includes, but is not limited to:
MARCUS Alert Program MOU
Page 7 of 13
7.4.1. Information from the Virginia Criminal Information Network (VCIN), National
Crime Information Center (NCIC) or the Report Management System (RMS) and
7.4.2. Information in reference to active investigations, or that may reveal investigative
techniques learned as a result of their duty assigned to the MARCUS Alert
Program.
8. CALL AND RESPONSE PROTOCOL
All parties will conform to the protocol established by the Attachments.
9. TRAINING
The following training requirements shall apply when the statewide curriculum for such programs
is finalized.
9.1. Training of MARCUS Alert Program personnel shall be aligned with requirements of both
the DBHDS and Virginia Department of Criminal Justice Services (DCJS).
9.2. The LE Officers will receive forty (40) hour basic Crisis Intervention Team (CIT),
Advanced MARCUS Alert Program Training and any additional training identified for law
enforcement by DCJS, as available and as staffing allows.
9.3. PSAP dispatchers will be prioritized for a dispatcher-specific version of CIT training and
will complete training on behavioral health screenings and protocol.
9.4. FH Call Center staff will complete all DBHDS required trainings regarding warmline
operations, call triage, and data platform requirements.
9.5. NRVCS (Mobile Crisis Hub and REACH) providers and BRBH clinical staff will complete
DBHDS required mobile crisis trainings.
9.6. It is also the preference of BRBH and recommendation of the local stakeholders that
BRBH Co-Response Team clinical staff receive an abbreviated police operations training
through the law enforcement agency.
9.7. Basic information regarding Mobile Crisis Teams, Co-Response overview, and MARCUS
Alert will be provided to all law enforcement and PSAP partners via Basic Academy
protocol or through scheduled trainings and roll calls to ensure all officers have a basic
comprehension of responses and operations.
MARCUS Alert Program MOU
Page 8 of 13
10. DATA AND REPORTING
Each Party to this Agreement will make best efforts to comply with the following:
10.1. Quarterly and annual data reporting obligations and program outcomes as such are
established by state, regional, and local levels for the MARCUS Alert Program.
11. ANNUAL PROGRAM EVALUATION
11.1. The DBHDS and the DCJS will identify required data elements and formatting that will be
configured into evaluation standards for PSAP, FH Call Center, Mobile Crisis Team, Co-
Response Teams, and law enforcement agencies.
11.2. The Mobile Crisis Hub for the region will be responsible for monitoring the standards
and outcomes data for any local mobile crisis contract providers established within the
region per individual agreements indicating those term requirements.
11.3. The Mobile Crisis Hub and the FH Call Center are each responsible for data and
outcomes provision to DBHDS.
11.4. PSAPs, law enforcement agency parties, the FH Call Center, and the Co-Response Teams
are responsible to report, using best available data, the data and outcomes for the
parties to this agreement to DBHDS and DCJS as part of the annual MARCUS Alert
Program statutory obligations, and also to the local stakeholder groups for situational
reviews. Quarterly and annual data and outcomes reviews related to individual
community values and goals established during stakeholder workgroups shall also be
compiled and available for review.
12. REVISIONS AND TERMINATIONS
12.1. The terms of this Agreement may be amended only upon written agreement signed on
behalf of all Parties by their duly authorized representative.
12.2. Amendments become effective upon the date such written amendment agreement has
been signed on behalf of all parties or as otherwise specified in such written
amendment agreement.
12.3. Any Party may terminate this Agreement upon ninety (90) days advance written notice
to the other Parties.
13. INSURANCE
13.1. Each party shall maintain the following insurances or self-insurance, where appropriate:
13.1.1. Workers Compensation coverage as required by law.
MARCUS Alert Program MOU
Page 9 of 13
13.1.2. Comprehensive general liability insurance covering each Party, its
subcontractors, agents, and any person providing services hereunder in such
minimum amounts as are acceptable to each Party.
13.1.3. Professional liability insurance, on a per occurrence basis or its equivalent in
amounts as are acceptable to each Party.
13.2. Insurance coverage may be obtained from commercial insurance carriers deemed
acceptable by the Parties or it may be deemed satisfied by the showing of other
financial responsibility satisfactory to the Parties including: 1) Evidence or statutory
limitation on financial liability applicable to the Parties, their employees, and agents; or
2) Evidence of establishment of actuarially sound self-insurance programs.
14. LIABILITY
Each Party remains liable solely for the acts and omissions of its officers, employees, agents and
representatives and shall also be responsible for any compensation or benefits owed or accruing
solely to its officers, employees, agents or representatives.
15. NO WAIVER OF IMMUNITY
No Party waives or relinquishes any immunity or defense on behalf of itself, trustees, officers,
employees (paid or volunteer), and agents as a result of the execution of this Agreement or as a
result of the performance of the functions or obligations described herein.
16. AUTHORIZATION OF AGREEMENT
Each Party represents to the other Parties that the execution of the Agreement has been duly
authorized and that this Agreement constitutes a valid and enforceable obligation of each Party
according to its terms.
17. NO WAIVER
No Waiver of a breach of any provision of this Agreement shall be construed to be a waiver of any
breach of any other provision. No delay in acting with regard to any breach of any provision shall be
construed to be a waiver of such breach.
18. FUNDING
Reimbursement for services, functions, or personnel identified herein is contingent upon available
funding. In the absence of available funding, no party is liable for incurred expenses for continued
operation of the program, if so chosen.
MARCUS Alert Program MOU
Page 10 of 13
19. EFFECTIVE DATE
This Agreement shall not become effective unless and until executed by duly authorized
representatives of all identified Parties, and once so signed, it shall be effective as of the date first
noted above.
20. ENTIRE AGREEMENT
This instrument contains the entire Agreement between the Parties relating to the rights granted
and the obligations assumed. Any oral representations or modifications concerning this Agreement
are of no force or effect unless in writing and signed by the Parties.
21. COUNTERPARTS AND ELECTRONIC SIGNATURE
This Contract may be executed in counterparts, each of which shall be deemed an original, but all of
which shall constitute one and the same instrument. Facsimile signatures or signed copies sent by
portable document format (PDF) shall be deemed originals.
[Signatures continue on following page.]
MARCUS Alert Program MOU
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IN WITNESS WHEREOF, this instrument has been executed by duly authorized representatives of
the Parties as indicated by signatures below.
Blue Ridge Behavioral Healthcare New River Valley Community Services
Signature: ____________________________ Signature: ____________________________
By: __________________________________ By: __________________________________
Title: Executive Director Title: ________________________________
Planning District I Behavioral Health Services Frontier Health (Crisis Call Center)
Signature: ____________________________ Signature: ____________________________
By: __________________________________ By: __________________________________
Title: _________________________________ Title: ________________________________
[remainder of page intentionally blank]
MARCUS Alert Program MOU
Page 12 of 13
City of Roanoke Approved as to Form
Signature: ____________________________ Signature: ____________________________
By: Robert S. Crowell, Jr. By: __________________________________
Title: City Manager Title: City Attorney
Sheriff, City of Roanoke, in his official capacity
Signature: ____________________________
By: Antonio D. Hash
Title: Sheriff
County of Roanoke Approved as to Form
Signature: ____________________________ Signature: ____________________________
By: Richard L. Caywood, P.E. By: __________________________________
Title: County Administrator Title: County Attorney
Sheriff, County of Roanoke, in his official capacity
Signature: ____________________________
By: J. Eric Orange
Title: Sheriff
Town of Vinton Approved as to Form
Signature: ____________________________ Signature: ____________________________
By: Richard Peters By: __________________________________
Title: Town Manager Title: County Attorney
MARCUS Alert Program MOU
Page 13 of 13
City of Salem Approved as to Form
Signature: ____________________________ Signature: ____________________________
By: James E. Taliaferro, II By: __________________________________
Title: City Manager Title: County Attorney
Sheriff, City of Salem, in her official capacity
Signature: ____________________________
By: April M. Staton
Title: Sheriff
County of Botetourt Approved as to Form
Signature: ____________________________ Signature: ____________________________
By: Gary Larrowe By: __________________________________
Title: County Administrator Title: County Attorney
Sheriff, County of Botetourt, in his official capacity
Signature: ____________________________
By: Matthew T. Ward
Title: Sheriff
County of Craig Approved as to Form
Signature: ____________________________ Signature: ____________________________
By: Robert R. “Dan” Collins By: __________________________________
Title: County Administrator Title: County Attorney
Sheriff, County of Craig, in his official capacity
Signature: ____________________________
By: Trevor Craddock
Title: Sheriff
ATTACHMENT A: MARCUS Alert Program Protocol
Page 1 of 5
MEMORANDUM OF UNDERSTANDING
GOVERNING THE MARCUS ALERT CO-RESPONSE PROGRAM FOR THE ROANOKE VALLEY, VIRGINIA
– CITY OF ROANOKE. CITY OF SALEM, COUNTY OF CRAIG, COUNTY OF ROANOKE, COUNTY OF
BOTETOURT, TOWN OF VINTON, VIRGINIA
SERVICE AREA FOR BLUE RIDGE BEHAVIORAL HEALTHCARE
ATTACHMENT A: MARCUS Alert Program Protocol
PURPOSE
The purpose of this protocol is to establish uniform operations for response by all involved Parties
to a crisis call managed pursuant to the Agreement. Only situations that require consumer crisis
triage should be filtered through the protocol outlined herein for the following:
1. Communications
2. Dispatching of teams
3. Law Enforcement
4. Clinical Staff
Mobile Crisis Teams and Co-Response Teams will be dispatched in accordance with the triage
protocol described in Attachments B and C.
Administrative processing of crisis-related communications should be performed through New River
Valley Community Services (NRVCS), Blue Ridge Behavioral Healthcare (BRBH), or Frontier Health
(FH) using the emergency contact number identified for the applicable entity.
1. COMMUNICATIONS
1.1. Calls triaged by PSAP or FH Call Center as Level One and Two will be transferred to
or kept by the FH Call Center to establish response dispositions.
1.2. Calls triaged as Level Three and Four will be transferred to or kept by the PSAP to
establish response dispositions.
2. DISPATCHING OF TEAMS
2.1. Dispatch of Mobile Crisis Teams – Triage Level 2
2.1.1. Parties may call the FH Call Center directly or through the PSAP. FH Call Center will
manage calls as prescribed by the triage levels described in Attachments B and C.
ATTACHMENT A: MARCUS Alert Program Protocol
Page 2 of 5
2.1.2. For Triage Level Two incidents, the FH Call Center will request dispatch of a Mobile
Crisis Team based upon the guidelines established in the Memorandum of
Understanding between the Mobile Crisis Hub and locally contracted providers,
including BRBH.
2.1.3. If the FH Call Center determines a Mobile Crisis Team should be dispatched, the FH
Call Center will notify the Mobile Crisis Hub (or designee) by telephone.
2.1.4. Upon dispatching a Mobile Crisis Team, the Mobile Crisis Hub will notify the FH Call
Center of such. The Mobile Crisis Hub will notify the respective PSAP that a Mobile
Crisis Team has been dispatched. PSAPs will share any relevant safety warnings
and/or restrictions or voluntary registration information accessible within the PSAP
system.
2.1.5. The PSAP will track the Mobile Crisis Team according to its standard protocol. It will
be the responsibility of the Mobile Crisis Team to notify the FH Call Center and the
respective PSAP when their assignment is completed and advise disposition. The
PSAP does not need to track data in this instance.
2.1.6. The Mobile Crisis Hub will routinely notify appropriate PSAP of all FH Call Center-
dispatched Mobile Crisis Teams for location and estimated time of arrival (ETA).
2.1.7. If a Mobile Crisis Team is on scene and requires law enforcement support, the
Mobile Crisis Team will withdraw to a safe location if necessary and call 911. PSAP
will dispatch law enforcement support to respond per department policy.
2.1.8. During the response, if either the FH Call Center or PSAP become aware of a change
in circumstance requiring law enforcement support, the entities will communicate
such between them. The call will be re-classified as necessary. The FH Call Center
will notify the Mobile Crisis Team, which will stage until scene is secured.
2.2. Dispatch of Co-Responder Team – Triage Levels 3 and 4
2.2.1. For Triage Levels 3 and 4, PSAP Partners will request dispatch of a Co-Response
Team, as appropriate.
2.2.2. PSAP Partners will contact the Co-Response Teams per department protocol. Each
department’s PSAP will serve as the primary PSAP for dispatching of Co-Response
Teams within their jurisdiction.
2.2.3. In addition to responding to requests from the PSAP Partners, the Co-Response
Team will respond to requests from field units or an incident commander on scene
when assistance is needed in handling a person experiencing a behavioral health
crisis if a Co-Response Team is available. Such calls can be routed through the
ATTACHMENT A: MARCUS Alert Program Protocol
Page 3 of 5
appropriate PSAP. In some Level Four situations where the Co-Response Team is
requested, services provided may include (i) minimal intervention with consumers
experiencing the behavioral health crisis until the scene is de-escalated to a Level
Three scenario, (ii) consultation with law enforcement providing on-scene
interventions, or (iii) provision of known history of the individual to ensure safety
and a treatment-before-tragedy approach for all involved.
2.2.4. PSAP Partners also can contact the Co-Response Teams directly for incidents
originally triaged as Level One or Two for which PSAP receives notice from the
Mobile Crisis Unit or law enforcement of escalation to a Level Three or Four
incident.
2.3. Dispatch of Law Enforcement Support
2.3.1. At any point, should a Mobile Crisis Team or Co-Response Team encounter the need
for law enforcement support while in the field, they should do so by directly
contacting PSAP for assistance to be dispatched. Calls for assistance can be by phone
or radio.
2.3.2. Whenever possible the PSAP will dispatch a CIT-trained officer as part of the law
enforcement support. Law enforcement support will serve to provide additional
protection for all parties involved.
2.3.3. The Co-Response Clinician will complete any paperwork necessary for Co-Response
Program Data Collection purposes. Any additional reporting/documentation by
officers serving in a law enforcement capacity will follow their respective
department protocols as well as any Co-Response Program data collection
requirements as required by the state.
3. LAW ENFORCEMENT
3.1 Each jurisdiction provides law enforcement officers for the co-response team.
3.2. If a Consumer in crisis agrees to a voluntary assessment, the LE Officer, in
consultation with the BRBH clinical staff, may provide transport to the Crisis
Intervention Team Assessment Center or hospital, when available.
3.3. The LE Officer may provide transportation for BRBH clinical staff to and from the
location to which the Co-Response Team is dispatched for response to a mental
health crisis event, or the BRBH clinical staff may transport themselves to an agreed
upon meeting place to respond with the LE Officer.
ATTACHMENT A: MARCUS Alert Program Protocol
Page 4 of 5
3.4. Safety
3.4.1. In accordance with established law enforcement standards and procedures,
the LE Officer and any law enforcement support officers will make best
efforts to provide a safe environment for person(s) involved in a response
pursuant to this Agreement. The law enforcement support officers in
consultation with the LE Officer will serve as the lead in:
• Reviewing of the on-site location for potential hazards,
• Consumer negotiations,
• Assist with on-site safety, and
• Establishment of and sharing the safety plan for BRBH personnel.
3.4.2. If either the Co-Response Team or law enforcement support determines that
the incident is an incident that poses a grave danger to personal safety, law
enforcement support will secure the site before initiation of services by the
Co-Response Team. In the event that this would occur, the responding law
enforcement officer(s) may respond separately from any clinician on the
team due to the active safety threat at the scene.
3.5. Arrests and Criminal Charges
3.5.1. Law enforcement support, may consult with the Co-Response Team to
determine whether circumstances warrant arrest and criminal charges in
lieu of behavioral health services.
4. CLINICAL STAFF
4.1. Provision of Behavioral Health Services.
The designated Co-Response Team will provide initial triage and establish the plan
for appropriate follow-up for the Consumer.
4.2. Co-Response Program services to be provided by BRBH Clinical Staff will include
assessment, crisis intervention, de-escalation, needs and resource identification,
referral and support to Consumers and families, as well as support and consultation
with law enforcement.
4.3. Safety
4.3.1. BRBH Clinical Staff will follow directions given by the LE Officer and law
enforcement support officers in any matter related to safety and securing
the site including, but not limited to:
• Wearing protective gear,
• Vacating the site,
• Ceasing Consumer interaction,
• Following all instructions by LE Officer and Law Enforcement
Support officers, and
ATTACHMENT A: MARCUS Alert Program Protocol
Page 5 of 5
• Discontinuation of Co-Response Program incident response.
4.3.2. While in active Co-Response Program incident response, all participating
BRBH staff and the Co-Response Officer shall wear their respective agency-
provided ballistic vest and any and all protective gear required by the law
enforcement support.
4.4. Arrests and Criminal Charges
The BRBH Clinical Staff will defer to the LE Officer and law enforcement support officers
when it is determined that criminal charges are necessary in lieu of behavioral health
services and shall not interfere with any criminal investigation at the scene.
Co-Response Program MOU – Attachment B – PSAP Triage Protocol
Page 1 of 2
MEMORANDUM OF UNDERSTANDING
GOVERNING THE MARCUS ALERT CO-RESPONSE PROGRAM FOR THE ROANOKE VALLEY, VIRGINIA – CITY OF
ROANOKE. CITY OF SALEM, COUNTY OF CRAIG, COUNTY OF ROANOKE, COUNTY OF BOTETOURT, TOWN OF
VINTON, VIRGINIA
SERVICE AREA FOR BLUE RIDGE BEHAVIORAL HEALTHCARE
ATTACHMENT B: PSAP Triage Protocol
Administrative processes, such as notifications of ECO issuance, or local partner outreach for emergency
consultation/evaluations, will continue to be referred to the local CSB Emergency Services Department
(current practice), and not transferred to The Crisis Call Center. (Local partners include medical providers,
hospitals, jails, or other CSBs.)
Transient symptoms such as interpersonal conflict, anger, distress, frustrations with others, agitat ion, and
confusion are common presentations handled by PSAPs and Crisis Call Centers on a routine basis. Those
elements will not be primary indicators of how any given call will be triaged, but will instead be noted and
considered for final disposition as the PSAP/Call Center seek to determine the underlying issue present and in
need of response.
TRIAGE LEVEL 1
(INCIDENTS APPROPRIATE FOR CRISIS CALL CENTER PHONE INTERVENTION, IF CALLER AGREES)
9-1-1 to remain on the line until Crisis Call Center transfer confirmed
Examples may include (but not limited to):
• Individuals experiencing a non-life-threatening mental health crisis.
• Individuals who have expressed a desire not to live or has passive desires to harm oneself with no
plan/means or opportunity to carry out. Individual is NOT actively attempting suicide or physically
violent toward themselves or others.
• Individual has no homicidal thoughts, intent, or behavior
• Individual may have suicidal thoughts but no plan and/or means
• Internal conflicts, expressions of anger, or disturbances with a mental health component and there is
no threat, means, or opportunity of violence.
• Individuals who are confused, agitated, or expressing anger in general, not necessarily towards
someone else.
• Parents requesting law enforcement due to a child having non-violent behavioral issues, regardless of
whether the child has a known mental health diagnosis. Parents are given option to warm transfer to
988.
• Needs for listening, supports, and provision of referrals and information for resources.
• Third party calls (known or unknown to the consumer) concerning the welfare of someone present
with them who has a potential non-violent mental health history, or who may be suffering a non-
violent mental health crisis.
Co-Response Program MOU – Attachment B – PSAP Triage Protocol
Page 2 of 2
TRIAGE LEVEL 2
(INCIDENTS THAT MAY BE APPROPRIATE FOR A MOBILE CRISIS TEAM RESPONSE, IF CALLER AGREES)
9-1-1 to remain on the line until Crisis Call Center transfer is confirmed
Examples may include (but not limited to):
• Distressed, angry, agitated individuals with imminent need for in-person behavioral health support.
• Calls requesting law enforcement response due to a person experiencing a psychosis or altered mental
state and are NOT physically violent towards themselves or others.
• No homicidal thoughts, intent, or behavior.
• Suicidal thoughts with no intent, plan or means/opportunity to carry out.
• Minor self-injurious behavior requiring no immediate medical intervention (an example would be
someone not eating or taking their medicines, or lack of self-care). This does not include physical self-
injury.
• Substance use without aggression requiring no immediate medical intervention
• Third party calls (known or unknown to the consumer) concerning the welfare of someone present
with them who has a potential non-violent mental health history, or who may be suffering a non-
violent mental health crisis.
TRIAGE LEVEL 3
(INCIDENTS REQUIRING LAW ENFORCEMENT/EMERGENCY MEDICAL SERVICES RESPONSE AND CO-RESPONSE
UNIT WHEN AVAILABLE AND APPROPRIATE.)
Examples may include (but not limited to):
• Active aggression/combativeness
• Active psychosis
• Homicidal thoughts with no active behavior or intent or access to means
• Active self-injurious behavior with concerns for medical risks (i.e., Self-cutting)
• Suicidal thoughts with a specified plan (unknown access to means)
• Low level acts of violence that do not pose a risk of injury to s elf or others, i.e. a child throwing objects
at someone else, or mild pushing of another
• ECO if available and requested by LE
TRIAGE LEVEL 4
(LAW ENFORCEMENT/EMERGENCY MEDICAL SERVICES/FIRE RESPONSE ONLY. CONTACT 9-1-1 FOR A CO-
RESPONSE UNIT AT THE REQUEST OF AN INCIDENT COMMANDER OR OFFICER ON SCENE)
Examples may include (but not limited to):
• DIRECT IMMEDIATE THREAT TO LIFE
• Active suicide attempt where injuries have already occurred or a situation where suicide is imminent
(when intent, plan, and means to commit are present)
• Actively assaultive, violent towards others, or themselves, with the ability to cause significant harm.
• Homicidal/suicidal threats/intent and a weapon is present or easily accessible
• Substance impairment with physical aggression or severe psychiatric instability
• ECO WITH IMMEDIATE SECURITY THREAT
Page 1 of 2
ACTION NO.
ITEM NO. E.6
AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 27, 2023
AGENDA ITEM: Ordinance accepting and appropriating $339,000 from the
Virginia Department of Criminal Justice Services (DCJS) to
the Roanoke County Police Department for Law
Enforcement Equipment
SUBMITTED BY: Michael Poindexter
Chief of Police
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
The acceptance and appropriation of $339,000 from DCJS to the Roanoke County
Police Department for Law Enforcement Equipment for the project period July 1, 2022
through June 30, 2024.
BACKGROUND:
DCJS has awarded funding through a state appropriation of f ederal funds through the
American Rescue Plan Act ("ARPA") Law Enforcement and Technology Grant Program
to the Roanoke County Police Department through fiscal year 2024.
DISCUSSION:
DCJS has awarded funding to the Roanoke County Police Department. The funds can
be used to assist law enforcement agencies to reduce violent crime and gun violence,
which has disproportionately increased due to the pandemic and impacted
communities. Funds may be used to purchase equipment that improves or enhances
the delivery of daily law enforcement services to the community and/or ensures the
safety of citizens and officers. Equipment purchased and projects should seek to
decrease violent crime within our community. The grant is awarded for a two (2) year
period, July 1, 2022 through June 30, 2024.
Page 2 of 2
FISCAL IMPACT:
Total awarded funds are $339,000. No local matching funds are required. The award
will be deposited in the Grant Fund.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of the ordinance and scheduling the
second reading for July 11, 2023.
June 6, 2023
Richard Caywood
County Administrator
5204 Bernard Drive
Roanoke,Virginia 24018
RE: 508516-LE ARPA - Law Enforcement Equipment
Dear Richard Caywood:
Congratulations on being a recipient of the above referenced grant program! Your DCJS grant
award number is 509345 and was approved for a total award of $339,000, funded through Award
Number 21.027 (2023 ARPA). The project period is 7/1/2022 through 6/30/2024.
Included with this letter is a Statement of Grant Award/Acceptance (SOGA). Copies of the
FY24 Special Conditions, Reporting Requirements, and Projected Due Dates are posted online at
https://www.dcjs.virginia.gov/grants/grant-requirements for your review. In addition, there may
be “Action Item” Special Conditions related to your grant award called Encumbrances that require
your immediate attention. If there are any, please submit those documents via the On-line Grants
Management System (OGMS) at https://ogms.dcjs.virginia.gov/.
If you have not previously done so, you must register to use this web-based system. The
instructions on Registering for a New Account and Submitting Action Item Encumbrances are
posted here https://www.dcjs.virginia.gov/grants/ogms-training-resources along with other
resources and training videos. All registrants will be approved within 3 – 5 business days.
Additional reporting requirements will be necessary for purchases over $5000.00. Please refer
to the grant conditions regarding the required documentation for claims submission and
reimbursement on page 12 of the ARPA Grant Special Conditions. Documentation may include,
but not be limited to: Equipment Type, VIN or Serial Number, Title Holder, Date of Acquired
Goods/Services, and Description of Measures Taken to Prevent Loss, Damage.
We will be happy to assist you in any way we can to assure your project’s success. To indicate
your acceptance of the award and conditions, please sign the included SOGA and return it
electronically within the next 60 days to rr-learpagrants@dcjs.virginia.gov. Please note that you
will not be able to draw down funds on this grant until DCJS receives the signed SOGA, and the
grant is in Underway status in OGMS.
Richard Caywood
June 6, 2023
Page Two
If you have any questions, please contact your DCJS Grant Monitor through the OGMS portal,
or contact the ARPA staff at rr-learpagrants@dcjs.virginia.gov.
Sincerely,
Jackson Miller
STATEMENT OF GRANT AWARD (SOGA)
Virginia Department of Criminal Justice Services
1100 Bank Street, 12th Floor
Richmond, Virginia 23219
Project Director Project Administrator Finance Officer
Commander
5925 Cove Roand
Ronaoke, Virginia 24019
540-777-5258
ppascoe@roanokecountyva.gov
County Administrator
5204 Bernard Drive
Roanoke, Virginia 24019
540-776-7190
rcaywood@roanokecountyva.gov
Financial Analyst
5204 Bernard Drive
Roanoke, Virginia 24018
540-283-8137
jpegram@roanokecountyva.gov
*Please indicate your ICR in the space provided, if applicable. As the duly authorized
representative, the undersigned, having received the Statement of Grant Awards (SOGA) and
reviewing the Special Conditions, hereby accepts this grant and agree to the conditions and
provisions of all other Federal and State laws and rules and regulations that apply to this award.
Signature: ______________________________ Authorized Official (Project Administrator)
Title: ______________________________
Date: ______________________________
508516-LE ARPA - Law Enforcement Equipment
DCJS Grant Number: 509345
UEI Number: GX4HPU2KPHE3
Grant Start Date: 7/1/2022
Grant End Date: 6/30/2024
Federal Grant Number(s): 21.027 (2023 ARPA)
Federal Awardee: U.S. Department of Treasury
Federal Catalog Number: 21.027
Project Description: Coronavirus State and Local Fiscal Recovery Funds
Federal Start Date: 7/1/2022
Federal Funds:
State Funds:
Local Match: ________
Total Budget: $339,000 Indirect Cost Rate: _____% *If applicable
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, JUNE 27, 2023
ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE
AMOUNT OF $339,000 FROM THE VIRGINIA DEPARTMENT OF
CRIMINAL JUSTICE SERVICES (DCJS) TO THE ROANOKE COUNTY
POLICE DEPARTMENT FOR LAW ENFORCEMENT EQUIPMENT
WHEREAS, the Virginia Department of Criminal Justice Services (DCJS) has
awarded funding through a state appropriation of federal funds through the Am erican
Rescue Plan Act ("ARPA") Law Enforcement and Technology Grant Program to the
Roanoke County Police Department through fiscal year 2024 ; and
WHEREAS, the funds may be used to purchase equipment to improve or enhance
the delivery of daily law enforcement services to the community and/or ensure the safety
of citizens and officers and decrease violent crime within our community; and
WHEREAS, the grant is awarded for a two (2) year period, July 1, 2022 through
June 30, 2024; 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 June 27, 2023, and the
second reading was held on July 11, 2023.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the sum of $339,000, made available to the Roanoke County Police
Department by DCJS, is accepted.
2. That the sum of $339,000 is hereby appropriated to the County’s Grant
Fund for law enforcement equipment.
Page 1 of 2
ACTION NO.
ITEM NO. E.7
AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 27, 2023
AGENDA ITEM: Ordinance accepting and appropriating $170,680 in grant
funding from the Virginia Department of Emergency
Management (VDEM) and $88,140.30 from the Regional
Center for Animal Care and Protection for the purchase and
installation of an emergency generator at the Regional
Center for Animal Care and Protection Animal Shelter
SUBMITTED BY: Jessica Beemer
Assistant Director of Finance
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Accept and appropriate $170,680 in Virginia Department of Emergency Management
(VDEM) Emergency Shelter Upgrade Assistance funding and $88,140.30 from the
Regional Center for Animal Care and Protection for the purchase of an emergency
generator on behalf of Roanoke Center for Regional Animal Care and Protection
(RCACP).
BACKGROUND:
The Commonwealth of Virginia’s Emergency Shelter Upgrade Assistance Fund allows
local governments to secure generators and retrofit shelters for the citizens across the
Commonwealth. The purpose of this grant is to provide matching funds to localities to
install, maintain, or repair infrastructure related to backup energy generation for
emergency shelters.
The Regional Center for Animal Care and Protection serves as the municipal animal
shelter for the City of Roanoke, Counties of Botetourt and Roanoke, and the Town of
Vinton. The physical building structure of RCACP was built in 2003 and was not fitted
with an emergency backup generator.
Page 2 of 2
When coordinating human sheltering options during an emergency, it is essential to
have animal sheltering in place so that citizens feel comfortable using an emergency
shelter and will not stay in unsafe conditions to remain with their animals. RCACP is an
essential component of each jurisdiction’s emergency operation plan when resources
are needed during an emergency event, serving a combin ed population of 238,585 and
an estimated yearly pet population of 4,000.
DISCUSSION:
Funding of $251,000 was awarded to Roanoke County on behalf of RCACP for the
purchase and installation of an emergency generator at the RCACP facility as shown on
the attached award letter. This amount includes a state share of $170,680 (68%) and a
local share of $80,320 (32%).
However, the cost of this project totals $258,820.30. After considering the $170,680 in
State funding awarded, RCACP approved capital funding at their meeting held on June
13, 2023, to cover the local match of $80,320 and the additional $7,820.30 needed to
complete the project for a total RCACP contribution of $88,140.30. The RCACP funds
will be transferred to the County upon approval and appro priation of the grant and all
funds will be deposited in the Grant Fund.
After completion of the purchase, installation and grant reporting requirements, the
County will transfer the generator as a capital asset to RCACP.
FISCAL IMPACT:
The total cost of the project will be covered by the $170,680 of State funding and the
contribution from RCACP of $88,140.30. As such, there is no fiscal impact to the
County.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of the ordinance and sc heduling the
second reading for July 11, 2023.
COMMONWEALTH OF VIRGINIA
Department of Emergency Management
9711 Farrar Court, Suite 200, North Chesterfield, Virginia 23236 TEL 804.267.7600 TDD 804.674.2417 FAX 804.272.2046
Saving lives through effective emergency management and homeland security.
“A Ready Virginia is a Resilient Virginia.” Page | 1
State Coordinator of
Emergency Management
SEAN POLSTER Chief Deputy State Coordinator
of Emergency Management
May 08, 2023
Mr. Dustin Campbell
Deputy Fire-Rescue Chief
Roanoke County
5925 Cove Rd
Roanoke, VA 24019
RE: FY2022 Emergency Shelter Upgrade Assistance Fund
Dear Mr. Campbell:
The Virginia Department of Emergency Management (VDEM) is pleased to announce
your locality has been awarded $251,000 in total funding from the Commonwealth of
Virginia’s Emergency Shelter Upgrade Assistance Fund for fiscal year 2022. The state
share amount is $170,680 and the local share amount is $80,320. Appropriation
authority for this program is the Code of Virginia Title §44-146.29:3 also known as the
“Shelter Upgrade Fund”.
The program allows local governments to secure generators and retrofit shelters for
citizens across the Commonwealth. The grant can begin once you have completed the
steps described under Accessing Your Grant, within 30 days from the date of this
notification.
The period of performance for this grant is April 15, 2023 through June 30, 2024. If you
require additional time, please contact your grants administrator at least 60 days before
the end of the period of performance.
Program Purpose
The purpose of the Shelter Upgrade fund is to provide matching funds to localities to
install, maintain, or repair infrastructure related to backup energy generation for
emergency shelters, including solar energy generators, and to improve the hazard-
specific structural integrity (wind retrofit) of shelter facilities owned by the locality.
Saving lives through effective emergency management and homeland security.
“A Ready Virginia is a Resilient Virginia.” Page | 2
Mr. Dustin Campbell
Page 2
May 08, 2023
Important Award Terms and Conditions
Subrecipients must comply with the requirements in the Code of Virginia Title §44-
146.29:3 Emergency Shelter Upgrade Assistance Fund and Shelter Upgrade Fund Policy
Guidance
Accessing Your Grant
To access your grant, you must complete the following steps within 30 days from the
date of this notification:
Step 1: Log in to the VDEM’s Grants Management System (https://vdem.emgrants.com)
to upload a line item budget for your proposed project. If you do not have access to the
Grants Management Portal visit the homepage at https://vdem.emgrants.com and
register for an account.
Step 2: Upload your letter of request for release of the Shelter Upgrade funding. This
letter should be typed on official letterhead stationery and addressed to VDEM. It can
be signed by the Emergency Manager or Coordinator. The content of your letter
reiterates the focus of your project and your adherence to the period of performance
listed in this letter.
Please initiate the steps described under Accessing Your Grant within 30 days from the
date of this notification. If you have any questions regarding this award, please contact
Naashia Naufal, hazard mitigation grants administrator, at 804-398-9095 or at
naashia.naufal@vdem.virginia.gov.
Sincerely,
Cheryl Adkins
Chief Financial Officer
CA/DJM/nn
cc: Mike Guzo, Chief Regional Coordinator
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, JUNE 27, 2023
ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE
AMOUNT OF $170,680 FROM THE VIRGINIA DEPARTMENT OF
EMERGENCY MANAGEMENT (VDEM) AND $88,140.30 FROM THE
REGIONAL CENTER FOR ANIMAL CARE AND PROTECTION (RCACP)
FOR THE PURCHASE AND INSTALLATION OF AN EMERGENCY
GENERATOR AT THE RCACP ANIMAL SHELTER
WHEREAS, funding of $251,000 was awarded to Roanoke County on behalf of
the Regional Center for Animal Care and Protection (RCACP) for the purchase and
installation of an emergency generator at the RCACP, which amount includes a state
share of $170,680 (68%) and a local share of $80,320 (32%); and
WHEREAS, because the cost of this project totals $258,820.30, RCACP approved
capital funding at their meeting held on June 13, 2023, to cover the local match of $80,320
and the additional $7,820.30 needed to complete the project for a total RCACP
contribution of $88,140.30; and
WHEREAS, the RCACP funds will be transferred to the County upon approval and
appropriation of the grant and all funds will be deposited in the Grant Fund; and
WHEREAS, after completion of the purchase, installation and grant reporting
requirements, the County will transfer the generator as a capital asset to RCACP; 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 June 27, 2023, and the
second reading was held on July 11, 2023.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
Page 2 of 2
1. That the sum of $170,680 awarded to Roanoke County on behalf of
RCACP, is accepted and hereby appropriated to the Grant Fund ; and
2. That the sum of $88,140.30 from RCACP is accepted and hereby
appropriated to the Grant Fund, for the purchase and installation of an
emergency generator at RCACP facility.
3. That this ordinance shall take effect from and after the date of adoption.
Page 1 of 2
ACTION NO.
ITEM NO. E.8
AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 27, 2023
AGENDA ITEM: Ordinance accepting $280,000 from the U.S. Department of
Transportation and appropriating such funds to the grant
fund; and accepting $18,333 from Botetourt County and
appropriating such funds to the grant fund; and accepting
$4,434 from the Town of Vinton and appropriating such
funds to the grant fund; and reallocating $47,233 from fiscal
year 2023 Planning Department operating funds to the grant
fund and to develop a Comprehensive Safety Action Plan for
Roanoke County, Botetourt County and the Town of Vinton
as part of the safe streets and roads for all discretionary
grant program
SUBMITTED BY: Megan G. Cronise
Assistant Director of Planning
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Accept and appropriate funding from the U.S. Department of Transportation to develop
a Comprehensive Safety Action Plan through the Safe Streets and Roads for All (SS4A)
Discretionary Grant Program.
BACKGROUND:
The Bipartisan Infrastructure Law established the SS4A Discretionary Grant Program to
fund initiatives to prevent roadway deaths and serious injuries. The U.S. Department of
Transportation has appropriated $5 billion for the SS4A program over the next five (5)
years. The first round of funding for fiscal year 2022 consists of up to $1 billion and has
been split between Planning and Implementation grants.
The SS4A program provides eighty percent (80%) Federal funding for a twenty percent
(20%) local match. Applicants must first have an eligible Safety Action Plan in place in
Page 2 of 2
order to apply for Implementation Grants in subsequent grant r ounds.
Staff requested an Action Plan Grant for development of a Comprehensive Safety
Action Plan in partnership with the Town of Vinton and Botetourt County.
DISCUSSION:
Roanoke County was notified of a $280,000 award on January 31, 2023, and execute d
a Grant Agreement with the U.S. Department of Transportation effective April 27, 2023.
Due to the original Scope of Services submitted with the grant application, the
Comprehensive Safety Action Plan will officially begin on October 1, 2023, and is
anticipated to be completed within 15 months. The Action Plan will include crash
analysis and mapping, strategic project prioritization, community engagement including
meetings with Planning Commissions and Boards of Supervisors/Town Council, the
final Action Plan and detailed conceptual plans and estimates for each locality’s top
prioritized project. It is anticipated that these top projects would then be submitted for
funding as SS4A Implementation Projects in 2025.
FISCAL IMPACT:
The twenty percent (20%) match is split according to locality population:
· Botetourt County match is $18,333 in fiscal year 2023 funds;
· Town of Vinton match is $4,434 in fiscal year 2023 funds; and
· Roanoke County match is $47,233 which is available in fiscal year 2023 Planni ng
Department Operating funds.
All funds will be deposited in the Grant Fund.
STAFF RECOMMENDATION:
Staff recommends approval of the first reading of the ordinance and scheduling the
second reading for July 11, 2023.
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, JUNE 27, 2023
ORDINANCE ACCEPTING $280,000 FROM THE U.S. DEPARTMENT OF
TRANSPORTATION AND APPROPRIATING SUCH FUNDS TO THE
GRANT FUND; AND
ACCEPTING $18,333 FROM BOTETOURT COUNTY AND
APPROPRIATING SUCH FUNDS TO THE GRANT FUND; AND
ACCEPTING $4,434 FROM THE TOWN OF VINTON AND
APPROPRIATING SUCH FUNDS TO THE GRANT FUND; AND
REALLOCATING $47,233 FROM FISCAL YEAR 2023 PLANNING
DEPARTMENT OPERATING FUNDS TO THE GRANT FUND
TO DEVELOP A COMPREHENSIVE SAFETY ACTION PLAN FOR
ROANOKE COUNTY, BOTETOURT COUNTY AND THE TOWN OF
VINTON AS PART OF THE S AFE STREETS AND ROADS FOR ALL
DISCRETIONARY GRANT PROGRAM
WHEREAS, the Roanoke County Board of Supervisors is committed to
advocating for and ensuring safe transportation facilities both in the County and in
the region; and
WHEREAS, an average of seven (7) deaths per year occurred on Roanoke
County roads between 2016 and 2020; and
WHEREAS, the Bipartisan Infrastructure Law established the Safe Streets and
Roads for All Discretionary Grant Program to improve roadway safety by significantly
reducing or eliminating roadway fatalities and serious injuries through Safety Action Plan
development and implementation focused on all users; and
WHEREAS, a Comprehensive Safety Action Plan would provide a holistic, well-
defined strategy to prevent roadway fatalities and serious injuries, and would lead to
further opportunities for infrastructure funding; and
Page 2 of 3
WHEREAS, the Safe Streets and Roads for All program encourages joint
applications that engage multiple jurisdictions in the same region to ensure
collaboration; and
WHEREAS, Roanoke County received $280,000 from the U.S. Department of
Transportation to develop a Comprehensive Safety Action Plan, which provides eighty
(80) percent of the project funding; and
WHEREAS, the twenty (20) percent local match is split acc ording to locality
population; and
WHEREAS, Botetourt County is providing a local match of $18,333; and
WHEREAS, the Town of Vinton is providing a local match of $4,434; and
WHEREAS, Roanoke County is providing a local match of $47,233 available
in fiscal year 2023 Planning Department Operating funds; 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 June 27, 2023, and the
second reading was held on July 11, 2023.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That in order to develop a Comprehensive Safety Action Plan for
Roanoke County, Botetourt County, and the Town of Vinton through the
Safe Streets and Roads for All Discretionary Grant Program:
a. The sum of $280,000 from the U.S. Department of Transportation is
accepted and appropriated to the Grant Fund.
Page 3 of 3
b. The sum of $18,333 from Botetourt County is accepted and
appropriated to the Grant Fund.
c. The sum of $4,434 from the Town of Vinton is accepted and
appropriated to the Grant Fund.
d. The sum of $47,233 is reallocated from Fiscal Year 2023 Planning
Department Operating Funds to the Grant Fund.
2. That this ordinance shall take effect upon its adoption.
Page 1 of 2
ACTION NO.
ITEM NO. E.9
AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 27, 2023
AGENDA ITEM: Ordinance approving easements and a memorandum of
understanding with the Western Virginia Water Authority for
sanitary sewer improvement projects at Starkey Park and C.
Darrell Shell Park
SUBMITTED BY: Rachel Lower
Senior Assistant County Attorney
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
The Western Virginia Water Authority (WVWA) has requested easements from the
County for sanitary sewer improvement projects in both Starkey Park and C. Darrell
Shell Park.
BACKGROUND:
The Board of Supervisors owns both properties occupied by the County's Starkey Park
(both North and South) as well as C. Darrell Shell Park behind Penn Forest Elementary.
The WVWA has existing sanitary sewer lines in each of these County owned properties.
DISCUSSION:
The WVWA has requested new temporary construction and permanent sanitary sewer
easements on the County's properties for a sanitary sewer improvement project. The
WVWA intends to increase the capacity of the existing sanitary sewer lines from 10
inches to 18 inches. The WVWA hopes to begin construction on this project as early as
mid-summer 2023.
County staff has reviewed the easements and the plats proposed by the WVWA, and
conducted site visits with the WVWA on each of the properties to be impacted. At the
request of County staff, the WVWA agreed to a Memorandum of Understanding
Page 2 of 2
executed by both the County and the WVWA agreeing that the construction of the
project in the area near the lacrosse fields in Starkey Park South will be limited to
November 1, 2023 through March 1, 2024 in order to limit impacts to youth sports
programs in the park.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
STAFF RECOMMENDATION:
Staff recommends approval of the ordinance granting the WVWA easements in Starkey
Park and C. Darrell Shell Park for a sanitary sewer improvement project as well as a
Memorandum of Understanding limiting the time of year that certain construction in
Starkey Park South may occur.
Page 1 of 2
Prepared and Recorded By:
Western Virginia Water Authority
Consideration: $1.00, see exemption below 601 S. Jefferson St., Suite 300
Roanoke, Virginia 24011
Tax Map No. 097.05-01-24.00-0000 Return to same address noted above
This Deed is exempt (i) from recordation taxes pursuant to Section 58.1-811 (A)(3) and (C)(5) of the Code of
Virginia (1950), as amended, and (ii) from the payment of Clerk's fees pursuant to Section 17.1 -266 of the Code of
Virginia (1950), as amended.
NOTICE TO THE CLERK: When indexing this instrument, please refer to the Western
Virginia Water Authority Commonwealth Drive & Merriman Road Sanitary Sewer Replacement
project
THIS EASEMENT AGREEMENT, made this ________ day of _________________,
2023, by and between BOARD OF SUPERVISORS OF ROANOKE COUNTY, a political
subdivision of the Commonwealth of Virginia (whether one or more, the "Grantor"); and the
WESTERN VIRGINIA WATER AUTHORITY, a water and sewer authority created pursuant
to Chapter 51 of Title 15.2 of the Code of Virginia (1950), as amended ("Grantee").
: W I T N E S S E T H :
That for and in consideration of the sum of One Dollar ($1.00), paid in hand at and with
the execution and delivery of this Easement Agreement, and other good and valuable
consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Grantor
does hereby GRANT and CONVEY with General Warranty and Modern English Covenants of
Title unto the Grantee, its successors and assigns, the following described easements, to-wit:
A new variable width RIGHT and EASEMENT of 14,170 square feet and a ten foot
(10’) temporary construction easement to construct, install, improve, operate,
inspect, use, maintain, repair or replace a sewer line or lines and communication
infrastructure including but not limited to fiber optics cable together with related
improvements including slope(s), if applicable (collectively, the “easement”),
together with the right of ingress and egress thereto from a public road, upon, over,
under, and across those tracts or parcels of land belonging to the Grantor, and
recorded in the Clerk's Office for Circuit Court of the County of Roanoke,
Virginia, as Instrument No. 200505547 and designated on the Land Records as Tax
Map No. 097.05-01-24.00-0000 (the “Property”). The location of said easement is
generally described on the exhibit attached hereto as “Exhibit A” and more
particularly described as being centered over the constructed sewer line or lines.
The Grantee agrees to restore and repair any actual damage to Grantor’s property which
may be directly caused by the construction, reconstruction, or maintenance of said project except as
hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the
Property to the identical original condition, but rather as near thereto as is practicable to the
condition at the time the easement was granted, and that the Grantor will cooperate with the
Grantee in effectuating such restoration.
It is expressly agreed between the parties hereto that the Grantee and its agents shall have
the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth,
obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way
endangers or interferes with the proper use of the same. The Grantor covenants that no building or
structure shall be erected upon or within the easement herein granted or placed in such location as
to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall
not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged
or removed.
The Grantor acknowledges that the plans for the aforesaid project as they affect the
Property have been fully explained to Grantor or Grantor’s authorized representative. The fixtures,
facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by
the Grantee or its assigns and further grantees shall remain the property of the Grantee or its
assigns and further grantees. The easement herein granted is in addition to, and not in lieu of, any
Page 2 of 2
easement or right-of-way now in existence or which may be acquired in the future.
The Grantor covenants and agrees for themselves, and for their heirs, successors, successors
in title, executors, legal representatives and assigns that the consideration aforementioned and the
covenants herein shall be in lieu of any and all claims to compensation and damages by reason of
the location, construction, operation, maintenance, or reconstruction of or within the easement
herein granted.
The grant and provision of this Easement Agreement shall constitute a covenant running
with the land for the benefit of the Grantee, its successors and assigns forever.
To have and to hold unto the Grantee, its successors and assigns forever.
WITNESS the following signature(s):
GRANTOR:_______________________________________
Richard L. Caywood – County Administrator
Approved as to form:
_______________________________
County Attorney
COMMONWEALTH OF VIRGINIA
COUNTY OF ROANOKE to wit:
The foregoing instrument was acknowledged before me this _______ day of
_____________, 2023, by Richard L. Caywood , Grantor.
___________________________________
Notary Public
My Commission Expires: My Registration Number is:
GRANTEE: WESTERN VIRGINIA WATER AUTHORITY
By: _________________________________
Dr. Irene T. Okioga, P.E.
Title: Director – Engineering Services
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE to wit:
The foregoing instrument was acknowledged before me this _______ day of
___________________, 2023, by Irene T. Okioga, PE, Director of Engineering Services for the
Western Virginia Water Authority, on behalf of said corporation, Grantee.
___________________________________
Notary Public
My Commission Expires: My Registration Number is:
Page 1 of 2
Prepared and Recorded By:
Western Virginia Water Authority
Consideration: $1.00, see exemption below 601 S. Jefferson St., Suite 300
Roanoke, Virginia 24011
Tax Map No. 097.01-02-11.00-0000 Return to same address noted above
This Deed is exempt (i) from recordation taxes pursuant to Section 58.1-811 (A)(3) and (C)(5) of the Code of
Virginia (1950), as amended, and (ii) from the payment of Clerk's fees pursuant to Section 17.1 -266 of the Code of
Virginia (1950), as amended.
NOTICE TO THE CLERK: When indexing this instrument, please refer to the Western
Virginia Water Authority Commonwealth Drive & Merriman Road Sanitary Sewer Replacement
project
THIS EASEMENT AGREEMENT, made this ________ day of _________________,
2023, by and between BOARD OF SUPERVISORS OF ROANOKE COUNTY, a political
subdivision of the Commonwealth of Virginia (whether one or more, the "Grantor"); and the
WESTERN VIRGINIA WATER AUTHORITY, a water and sewer authority created pursuant
to Chapter 51 of Title 15.2 of the Code of Virginia (1950), as amended ("Grantee").
: W I T N E S S E T H :
That for and in consideration of the sum of One Dollar ($1.00), paid in hand at and with
the execution and delivery of this Easement Agreement, and other good and valuable
consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Grantor
does hereby GRANT and CONVEY with General Warranty and Modern English Covenants of
Title unto the Grantee, its successors and assigns, the following described easements, to-wit:
A new variable width RIGHT and EASEMENT of 8,371 square feet and a ten foot
(10’) temporary construction easement to construct, install, improve, operate,
inspect, use, maintain, repair or replace a sewer line or lines and communication
infrastructure including but not limited to fiber optics cable together with related
improvements including slope(s), if applicable (collectively, the “easement”),
together with the right of ingress and egress thereto from a public road, upon, over,
under, and across those tracts or parcels of land belonging to the Grantor, and
recorded in the Clerk's Office for Circuit Court of the County of Roanoke,
Virginia, as Deed Book 1634, Page Number 1852 and designated on the Land
Records as Tax Map No. 097.01-02-11.00-0000 (the “Property”). The location of
said easement is generally described on the exhibit attached hereto as “Exhibit A”
and more particularly described as being centered over the constructed sewer line or
lines.
The Grantee agrees to restore and repair any actual damage to Grantor’s property which
may be directly caused by the construction, reconstruction, or maintenance of said project except as
hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the
Property to the identical original condition, but rather as near thereto as is practicable to the
condition at the time the easement was granted, and that the Grantor will cooperate with the
Grantee in effectuating such restoration.
It is expressly agreed between the parties hereto that the Grantee and its agents shall have
the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth,
obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way
endangers or interferes with the proper use of the same. The Grantor covenants that no building or
structure shall be erected upon or within the easement herein granted or placed in such location as
to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall
not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged
or removed.
The Grantor acknowledges that the plans for the aforesaid project as they affect the
Property have been fully explained to Grantor or Grantor’s authorized representative. The fixtures,
facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by
the Grantee or its assigns and further grantees shall remain the property of the Grantee or its
Page 2 of 2
assigns and further grantees. The easement herein granted is in addition to, and not in lieu of, any
easement or right-of-way now in existence or which may be acquired in the future.
The Grantor covenants and agrees for themselves, and for their heirs, successors, successors
in title, executors, legal representatives and assigns that the consideration aforementioned and the
covenants herein shall be in lieu of any and all claims to compensation and damages by reason of
the location, construction, operation, maintenance, or reconstruction of or within the easement
herein granted.
The grant and provision of this Easement Agreement shall constitute a covenant running
with the land for the benefit of the Grantee, its successors and assigns forever.
To have and to hold unto the Grantee, its successors and assigns forever.
WITNESS the following signature(s):
GRANTOR:_______________________________________
Richard L. Caywood – County Administrator
Approved as to form:
_______________________________
County Attorney
COMMONWEALTH OF VIRGINIA
COUNTY OF ROANOKE to wit:
The foregoing instrument was acknowledged before me this _______ day of
_____________, 2023, by Richard L. Caywood , Grantor.
___________________________________
Notary Public
My Commission Expires: My Registration Number is:
GRANTEE: WESTERN VIRGINIA WATER AUTHORITY
By: _________________________________
Dr. Irene T. Okioga, P.E.
Title: Director – Engineering Services
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE to wit:
The foregoing instrument was acknowledged before me this _______ day of
___________________, 2023, by Irene T. Okioga, PE, Director of Engineering Services for the
Western Virginia Water Authority, on behalf of said corporation, Grantee.
___________________________________
Notary Public
My Commission Expires: My Registration Number is:
Page 1 of 2
Prepared and Recorded By:
Western Virginia Water Authority
Consideration: $1.00, see exemption below 601 S. Jefferson St., Suite 300
Roanoke, Virginia 24011
Tax Map No. 087.18-03-02.01-0000 Return to same address noted above
This Deed is exempt from recordation taxes pursuant to Section 58.1-811 (A)(3) and (C)(5) of the Code of Virginia
(1950), as amended, and (ii) from the payment of Clerk's fees pursuant to Section 17.1 -266 of the Code of Virginia
(1950), as amended.
NOTICE TO THE CLERK: When indexing this instrument, please refer to the Western
Virginia Water Authority Commonwealth Drive Sanitary Sewer Replacement project
THIS EASEMENT AGREEMENT, made this ________ day of _________________,
2023, by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY, a political
subdivision of the Commonwealth of Virginia ("Grantor"); and the WESTERN VIRGINIA
WATER AUTHORITY, a water and sewer authority created pursuant to Chapter 51 of Title 15.2
of the Code of Virginia (1950), as amended ("Grantee").
: W I T N E S S E T H :
That for and in consideration of the sum of One Dollar ($1.00), paid in hand at and with
the execution and delivery of this Easement Agreement, and other good and valuable
consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Grantor
does hereby GRANT and CONVEY with General Warranty and Modern English Covenants of
Title unto the Grantee, its successors and assigns, the following described easements, to-wit:
A new variable width RIGHT and EASEMENT of 5,449 square feet and a ten foot
(10’) temporary construction easement, to construct, install, improve, operate,
inspect, use, maintain, repair or replace a sewer line or lines and communication
infrastructure including but not limited to fiber optics cable together with related
improvements including slope(s), if applicable (collectively, the “easement”),
together with the right of ingress and egress thereto from a public road, upon, over,
under, and across those tracts or parcels of land belonging to the Grantor, acquired
by deed, and recorded in the Clerk's Office for Circuit Court of the County of
Roanoke, Virginia, as Deed Book 1191, Page Number 1387, and designated on the
Land Records as Tax Map No. 087.18-03-02.01-0000 (the “Property”). The
location of said easement is generally described on the exhibit attached hereto as
“Exhibit A” labeled Figure 2 and more particularly described as being centered over
the constructed sewer line or lines.
The Grantee agrees to restore and repair any actual damage to Grantor’s property which
may be directly caused by the construction, reconstruction, or maintenance of said project except as
hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the
Property to the identical original condition, but rather as near thereto as is practicable to the
condition at the time the easement was granted, and that the Grantor will cooperate with the
Grantee in effectuating such restoration.
It is expressly agreed between the parties hereto that the Grantee and its agents shall have
the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth,
obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way
endangers or interferes with the proper use of the same. The Grantor covenants that no building or
structure shall be erected upon or within the easement herein granted or placed in such location as
to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall
not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged
or removed.
The Grantor acknowledges that the plans for the aforesaid project as they affect the
Property have been fully explained to Grantor or Grantor’s authorized representative. The fixtures,
facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by
the Grantee or its assigns and further grantees shall remain the property of the Grantee or its
assigns and further grantees. The easement herein granted is in addition to, and not in lieu of, any
Page 2 of 2
easement or right-of-way now in existence or which may be acquired in the future.
The Grantor covenants and agrees for themselves, and for their heirs, successors, successors
in title, executors, legal representatives and assigns that the consideration aforementioned and the
covenants herein shall be in lieu of any and all claims to compensation and damages by reason of
the location, construction, operation, maintenance, or reconstruction of or within the easement
herein granted.
The grant and provision of this Easement Agreement shall constitute a covenant running
with the land for the benefit of the Grantee, its successors and assigns forever.
To have and to hold unto the Grantee, its successors and assigns forever.
WITNESS the following signature(s):
GRANTOR:____________________________________________
Richard L. Caywood – County Administrator
Approved as to form:
_______________________________________
County Attorney
COMMONWEALTH OF VIRGINIA
COUNTY OF ROANOKE to wit:
The foregoing instrument was acknowledged before me this _______ day of
_____________, 2023, by____ Richard L. Caywood___, Grantor.
___________________________________
Notary Public
My Commission Expires: My Registration Number is:
GRANTEE: WESTERN VIRGINIA WATER AUTHORITY
By: _________________________________
Dr. Irene Okioga, P.E.
Title: Director – Engineering Services
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE to wit:
The foregoing instrument was acknowledged before me this _______ day of
___________________, 2023, by Dr. Irene Okioga, P.E., Director of Engineering Services for the
Western Virginia Water Authority, on behalf of said corporation, Grantee.
___________________________________
Notary Public
My Commission Expires: My Registration Number is:
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, JUNE 27, 2023
ORDINANCE AUTHORIZING THE GRANTING OF EASEMENTS AND A
MEMORANDUM OF UNDERSTANDING WITH THE WESTERN VIRGINIA
WATER AUTHORITY FOR SANITARY SEWER IMPROVEMENT
PROJECTS AT STARKEY PARK AND C. DARRELL SHELL PARK
WHEREAS, the Board owns three parcels in Roanoke County, in the Cave Spring
Magisterial District, which are occupied by a portion of the County’s St arkey Park North
(identified as Roanoke County Tax Map Number 097.05 -01-24.00-0000), Starkey Park
South (identified as Roanoke County Tax Map Number 097.01 -02-11.00-0000), and C.
Darrell Shell Park (identified as Roanoke County Tax Map Number 087.18 -03-02.01-
0000); and
WHEREAS, the Western Virginia Water Authority (WVWA) has existing sanitary
sewer lines in each of the above-mentioned properties; and
WHEREAS, the WVWA has requested new temporary construction and
permanent sanitary sewer easements on each of the above-mentioned properties for a
sanitary sewer improvement project; and
WHEREAS, at the request of County staff, the WVWA agreed to a Memorandum
of Understanding agreeing that the construction of the sanitary sewer improvement
project in the area near the lacrosse fields in Starkey Park South will be limited to
November 1, 2023 through March 1, 2024 in order to limit impacts to youth sports
programs in the Starkey Park South; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and disposition of real estate be authorized only by ordinance; and
Page 2 of 3
WHEREAS, a first reading of this ordinance was held on June 27, 2023 and the
second reading was held on July 11, 2023; and
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County
of Roanoke as follows:
1. That pursuant to the provision of Section 16.01 of the Roanoke County
Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and
is hereby made available for conveyance to the Western Virginia Water Authority for
purposes of new temporary construction and permanent sanitary sewer easements.
2. That conveyance to the Western Virginia Water Authority of the new
temporary construction and permanent sanitary sewer easements as sh own on the
exhibits titled “SEWER EASEMENT SKETCH - 097.05-01-24.00 COMMONWEALTH
DRIVE SEWER REPLACEMENT” dated March 27, 2023, “SEWER EASEMENT
SKETCH – 097.01-02-11.00 COMMONWEALTH DRIVE SEWER REPLACEMENT”
dated March 27, 2023, and “SEWER EASEMENT SKETCH – 087.18-03.02.01
COMMONWEALTH DRIVE SEWER REPLACEMENT” dated May 22, 2023, copies of
which are attached hereto as Exhibit A collectively, are hereby authorized and approved.
3. That a Memorandum of Understanding to be entered into by the County and
the WVWA limiting the construction of the sanitary sewer improvement project in the area
near the lacrosse fields in Starkey Park South to November 1, 2023 through March 1,
2024 is hereby authorized and approved.
4. That the County accepts and appropriates the payment of $1.00 as fair
market value compensation for each of these easements.
Page 3 of 3
5. That the County Administrator, Deputy County Administrator, or Assistant
County Administrator, any of whom may act, is hereby authorized to execute such
documents and take such further actions as may be necessary to accomplish this
conveyance, including but not limited to the deeds and the memorandum of
understanding, all of which shall be on a form approved by the County Attorney.
6. That this ordinance shall be effective on and from the date of its adoption.
Page 1 of 1
ACTION NO.
ITEM NO. E.10
AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: June 27, 2023
AGENDA ITEM: Confirmation of appointment to the Roanoke County Local
Finance Board and Parks, Recreation and Tourism Advisory
Board (At-Large)
SUBMITTED BY: Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Confirmation of appointments.
BACKGROUND:
Roanoke County Local Finance Board:
The following appointees have been recommended for reappointment:
Rebecca Owens - to a one-year term to expire July 27, 2024
Susan Peterson - to a two-year term to expire July 27, 2025
Penny Hodge - to a two-year term to expire July 27, 2025
It is the consensus of the Board to confirm these appointments.
Parks, Recreation and Tourism Advisory Board (At-Large):
Deborah George’s three-year term will expire June 30, 2023. It is the consensus of the
Board to reappoint Ms. George to an additional term to expire June 30, 2023.
STAFF RECOMMENDATION:
Staff recommends confirmation of all appointments.
Capital
Unappropriated % of Board Expenditure
Balance Revenues Contingency Contingency Reserves
Audited balance as of June 30, 2022 24,124,662$ ‐$ 502,597$ 7,923,936$
Addition of 2021‐22 operations and close out of completed projects 35,604
Acceptance of FEMA monies for ambulances and fire arms(Ordinance 02283‐4)216,832
Approved Sources:
Appropriated from 2022‐23 budget (Ordinance 051022‐4) 2,093,025 50,000 43,605
Allocated from year end designations ‐ December 13, 2022 7,547,689
Approved Uses:
Appropriated for 2022‐23 budget (Ordinance 051022‐5)(3,225,059)
Appropriated for purchase of 56 acres at Read Mountain Preserve (Ordinance 101122‐1)(75,000)
Appropriated for ambulances and fire arms (Ordinance 022823‐4)(613,339)
Balance at June 27, 2023 26,217,687$ 12.0% 50,000$ 546,202$ 11,810,663$
County of Roanoke
Unappropriated Balance, Board Contingency, and Capital Reserves
Fiscal Year 2022‐2023
General Government
Changes in outstanding debt for the fiscal year to date were as follows:
Audited
Outstanding Outstanding
June 30, 2022 Additions Deletions June 27, 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 1,049,876 12,147,305
172,157,857$ 13,472,376$ 12,893,377$ 172,736,856$
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 $92,843,742 90.95%$112,535,000 $101,160,549 89.89%$8,316,807 8.22%
Personal Property Taxes 33,500,000 18,436,112 55.03%40,812,500 21,498,785 52.68%3,062,673 14.25%
Public Service Corp Base 3,710,928 3,858,439 103.98%4,040,928 3,926,815 97.18%68,376 1.74%
529,072 758,301 143.33%529,072 762,254 144.07%3,953 0.52%
Payment In Lieu Of Taxes 180,000 185,275 102.93%180,000 183,992 102.22%(1,283)-0.70%
Communication Taxes 2,900,000 2,344,127 80.83%2,650,000 2,295,223 86.61%(48,904)-2.13%
Local Sales Tax 12,200,000 11,723,638 96.10%14,967,641 12,628,278 84.37%904,640 7.16%
Consumer Utility Tax 3,650,000 3,154,198 86.42%3,750,000 3,161,700 84.31%7,501 0.24%
Business License Tax 6,364,000 7,377,804 115.93%7,575,000 8,530,795 112.62%1,152,991 13.52%
Franchise Tax 660,000 636,871 96.50%700,000 743,913 106.27%107,042 14.39%
Motor Vehicle License Fees 2,400,000 1,871,788 77.99%2,400,000 1,941,702 80.90%69,913 3.60%
Taxes On Recordation & Wills 1,400,000 1,384,896 98.92%1,800,000 1,088,793 60.49%(296,103)-27.20%
Utility License Tax 725,000 410,849 56.67%600,000 484,512 80.75%73,662 15.20%
Hotel & Motel Room Taxes 807,597 1,254,398 155.32%1,349,568 1,363,162 101.01%108,764 7.98%
Taxes - Prepared Foods 4,270,750 4,304,249 100.78%5,400,000 4,892,340 90.60%588,091 12.02%
Other Taxes 275,000 628,298 228.47%1,175,000 1,102,613 93.84%474,316 43.02%
Animal Control Fees 42,500 43,240 101.74%42,500 44,811 105.44%1,571 3.50%
Land and Building Fees 15,850 75,982 479.38%15,850 9,423 59.45%(66,559)-706.38%
Permits 549,840 599,938 109.11%924,107 552,818 59.82%(47,120)-8.52%
General Fund - C100
For the Eleven Months Ending Wednesday, May 31, 2023
Revenues Revenues
Budget Revenues % of Budget Budget Revenues % of Budget Actuals % of Variance
Prior Year Current Year Variances
Fees 64,600 73,467 113.73%64,600 93,462 144.68%19,996 21.39%
Clerk of Court Fees 127,000 128,907 101.50%127,000 127,970 100.76%(937)-0.73%
Photocopy Charges 210 0 0.00%210 0 0.00%0 0.00%
Fines and Forfeitures 353,500 427,017 120.80%400,000 371,820 92.95%(55,198)-14.85%
Revenues from Use of Money 125,000 34,787 27.83%90,897 552,962 608.34%518,175 93.71%
Revenues From Use of Property 178,200 168,277 94.43%178,200 162,893 91.41%(5,384)-3.31%
Charges for Services 3,773,400 3,114,675 82.54%3,790,100 3,135,354 82.72%20,679 0.66%
Charges for Public Services 70,000 520 0.74%70,000 85 0.12%(435)-511.76%
Education Aid-State 0 0 0.00%0 0 0.00%0 0.00%
Reimb-Shared Programs Salem 771,464 849,283 110.09%996,464 952,235 95.56%102,952 10.81%
Miscellaneous Revenue 317,302 309,205 97.45%314,836 395,666 125.67%86,462 21.85%
Recovered Costs 875,000 820,979 93.83%800,129 932,862 116.59%111,883 11.99%
Non-Categorical Aid 402,000 1,045,774 260.14%402,000 1,078,192 268.21%32,417 3.01%
Shared Expenses 5,527,263 4,836,563 87.50%5,797,526 5,021,771 86.62%185,209 3.69%
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 3,122,206 70.18%4,000,727 3,082,480 77.05%(39,727)-1.29%
Other State Categorical Aid 2,320,569 1,680,477 72.42%2,468,805 1,853,934 75.09%173,457 9.36%
Welfare & Social Services 5,495,953 5,117,591 93.12%6,250,000 5,216,258 83.46%98,666 1.89%
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 331,603 346,300 104.43%398,981 339,782 85.16%(6,517)-1.92%
General & Financial Administration 7,911,776 6,935,138 87.66%8,815,015 8,031,608 91.11%1,164,090 14.50%
Electoral Board & Officials 473,498 531,226 112.19%820,131 624,582 76.16%93,195 14.93%
Courts 1,658,347 1,265,846 76.33%1,720,422 1,327,001 77.13%60,746 4.58%
Other Judicial Support 1,345,916 1,293,272 96.09%1,461,425 1,382,642 94.61%89,369 6.46%
Law Enforcement & Traffic Cont 15,009,030 13,618,652 90.74%16,931,216 15,817,380 93.42%2,202,672 14.01%
Fire and Rescue 17,373,274 16,268,839 93.64%20,144,317 18,670,600 92.68%2,426,874 13.01%
Correction & Detention 9,679,906 8,097,020 83.65%10,864,146 9,320,549 85.79%1,255,724 13.49%
Animal Control 839,545 769,643 91.67%1,124,393 931,601 82.85%161,958 17.38%
General Services Administration 798,508 1,007,246 126.14%951,972 861,404 90.49%(141,801)-16.47%
Refuse Disposal 5,441,462 4,651,526 85.48%5,650,804 5,347,745 94.64%683,866 12.84%
Maint Buildings & Grounds 5,049,229 4,743,017 93.94%5,425,685 4,952,557 91.28%231,873 4.69%
Engineering 1,666,953 1,714,247 102.84%2,332,341 2,252,404 96.57%543,585 24.21%
Inspections 1,571,479 1,089,222 69.31%1,119,110 970,726 86.74%(118,496)-12.21%
Garage Complex 0 0 0.00%0 0 0.00%0 0.00%
General Fund - C100
For the Eleven Months Ending Wednesday, May 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 14,527,631 13,205,258 90.90%15,479,912 14,384,837 92.93%1,199,027 8.36%
Mental Health 0 0 0.00%0 0 0.00%0 0.00%
Public Health 515,902 551,601 106.92%579,181 610,508 105.41%58,907 9.65%
Social Services Administration 8,824,175 7,511,770 85.13%8,658,641 7,351,581 84.90%(163,987)-2.23%
Comprehensive Services Act 0 0 0.00%0 0 0.00%0 0.00%
Public Assistance 4,918,666 4,188,078 85.15%4,918,666 4,104,552 83.45%(83,526)-2.03%
Social Services Organizations 0 0 0.00%0 0 0.00%0 0.00%
Parks & Recreation 2,394,897 1,931,104 80.63%2,549,893 2,254,336 88.41%327,260 14.52%
Library 4,359,924 3,603,530 82.65%4,658,256 4,029,657 86.51%465,289 11.55%
Cultural Enrichment 0 0 0.00%0 0 0.00%0 0.00%
Planning & Zoning 1,304,878 1,075,150 82.39%1,557,843 1,340,426 86.04%246,044 18.81%
Cooperative Extension Program 87,097 37,448 43.00%87,097 84,209 96.68%46,761 55.53%
Economic Development 529,257 444,088 83.91%563,335 468,498 83.17%16,794 3.76%
Public Transportation 0 0 0.00%766,930 167,454 21.83%167,454 100.00%
0 0 0.00%0 0 0.00%0 0.00%
Employee Benefits 3,292,630 3,238,380 98.35%1,600,951 1,091,017 68.15%(2,121,391)-194.44%
Dixie Caverns Landfill Cleanup 52,000 25,150 48.37%67,000 58,147 86.79%32,997 56.75%
Expenditures Exp & Encum Expenditures Exp & Encum % of
Budget & Encumbrances % of Budget Budget & Encumbrances % of Budget Actuals Variance
Prior Year Current Year Variances
Miscellaneous 10,844,343 8,807,696 81.22%10,494,982 9,416,018 89.72%608,370 6.46%
Tax Relief/Elderly & Handicapp 1,110,000 728,560 65.64%1,610,000 734,408 45.62%5,848 0.80%
Refuse Credit Vinton 110,000 110,000 100.00%225,000 168,750 75.00%58,750 34.81%
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 101,497,037 95,187,774 93.78%114,884,554 106,734,970 92.91%11,547,196 10.82%
Intrafund Transfers Out 6,158,709 5,949,994 96.61%5,829,248 5,635,881 96.68%(314,113)-5.57%
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: June 27, 2023
AGENDA ITEM: Accounts Paid – May 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 -$ -$ 8,894,384.86$
Payroll 05/12/23 1,742,681.61 14,805.32 1,757,486.93
Payroll 05/26/23 1,955,217.39 10,912.77 1,966,130.16
Manual Checks - 3,153.67 3,153.67
Grand Total 12,621,155.62$
A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors.
ACTION NO.___________________
ITEM NUMBER_______________
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA
HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER.
: June 27, 2023
: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of
31-May-23
SUMMARY OF INFORMATION:
CASH INVESTMENT:
TRUIST CONCENTRATION 63,193,180.27 63,193,180.27
GOVERNMENT:
TRUIST CONTRA (935,950.00)
TRUIST 44,500,098.62
TRUIST ROA CONTRA (22,270.00)
TRUIST ROA 1,000,000.00 44,541,878.62
LOCAL GOV'T INVESTMENT POOL:
GENERAL OPERATION 17,632,880.26
ROCO EMA PORTFOLIO 1,021,676.33
ROCO EMA PORTFOLIO CONTRA 4,124.28 18,658,680.87
MONEY MARKET:
ATLANTIC UNION BANK 4,580,708.05
HOMETRUST BANK 4,097,677.89
TRUIST 10,770,704.57
TRUIST ROA 4,419,342.51
23,868,433.02
PUBLIC FUNDS:
BANK OF BOTETOURT 2,048,470.80
2,048,470.80
TOTAL 152,310,643.58
06-27-23
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, JUNE 27, 2013
RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN
CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each member’s knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies; and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.