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HomeMy WebLinkAbout5/24/2022 - RegularPage 1 of 5 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 May 24, 2022 Page 2 of 5 Good afternoon and welcome to our meeting for May 24, 2022. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Friday at 7:00 p.m. and on Sunday from 10:00 a.m. until 5 p.m. Board of Supervisors meetings can also be viewed online through Roanoke County’s website at www.RoanokeCountyVA.gov. Our meetings are closed-captioned, so it is important for everyone to speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place on silent. A. OPENING CEREMONIES 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. NEW BUSINESS 1. Request to approve the County of Roanoke Electoral Board fiscal year 2022- 2023 Elections Operating Budget requests (Laurie Gearheart, Director of Finance and Management Services; Ken Srpan, Chairman of the Electoral Board; Anna Cloeter, General Registrar - Director of Elections) 2. Resolution authorizing an amendment to the consulting services agreement with AECOM for the Fallowater Lane Extension Project, Cave Spring Magisterial District (Megan Cronise, Assistant Director of Planning) Roanoke County Board of Supervisors Agenda May 24, 2022 Page 3 of 5 D. FIRST READING OF ORDINANCES 1. Ordinance accepting and appropriating funds in the amount of $9,147,263 from the Department of the Treasury for the locality-based allocation distributed as a component of the American Rescue Plan Act (ARPA) of 2021 (Laurie Gearheart, Director of Finance and Management Services) 2. Ordinance authorizing the granting of public utility easements to the Western Virginia Water Authority on property owned by the Roanoke County Board of Supervisors (Tax Map 036.03-01-62.00-0000 and 036.03-01-01.00-0000) located at 1204, 1206 and 1216 Kessler Mill Road, Catawba Magisterial District (Doug Blount, Assistant County Administrator) 3. Ordinance authorizing the acquisition of a permanent easement for Long Ridge Trail on property located off Twelve O'Clock Knob Road in the Windsor Hills Magisterial District (Tax Parcel ID 075.00-01-05.01-0000) (Lindsay Webb, Parks Planning and Development Manager) E. SECOND READING OF ORDINANCES 1. Ordinance designating Sugar Loaf Mountain Nature Preserve, located in the Windsor Hills Magisterial District, to be retained and used for the preservation and provision of open-space land (Tax Map Number 076.01-01-07.00-0000) (Lindsay Webb, Parks, Planning and Development Manager) 2. Ordinance accepting and appropriating funds in the amount of $250 from Earle and Glenna Mackenzie for the County of Roanoke Fire & Rescue Department (C. Travis Griffith, Chief of Fire and Rescue) F. APPOINTMENTS 1. Library Board (appointed by District) 2. Parks, Recreation and Tourism Advisory Commission (appointed by District) 3. Roanoke County Economic Development Authority (EDA) (appointed by District) 4. Roanoke County Social Services Advisory Board (appointed by District) Page 4 of 5 G. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes – February 8, 2022 2. Request to accept and allocate funds in the amount of $2,752.73 to the Clerk of the Circuit Court from the Commonwealth of Virginia 3. Resolution authorizing the execution of a letter of understanding between the Sheriff of Roanoke County and the City of Roanoke for provision of support during certain large-scale public events 4. Confirmation of appointment to the Blue Ridge Behavioral Healthcare Board of Directors H. CITIZENS' COMMENTS AND COMMUNICATIONS I. REPORTS 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of April 30, 2022 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of April 30, 2022 5. Accounts Paid – April 30, 2022 J. WORK SESSIONS 1. Work session to discuss broadband with the Board of Supervisors (Bill Hunter, Director of Communications and Information Technology) Page 5 of 5 EVENING SESSION – 7:00 P.M. K. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of Chyrel Gregorieff to obtain a special use permit to operate a short- term rental on approximately 0.5 acre, on property zoned R-1, Low Density Residential District, located at 4309 Cresthill Drive, Windsor Hills Magisterial District (Philip Thompson, Director of Planning) 2. The petition of Om Shree Hospitality, LLC to obtain a special use permit to allow a multi-family use to account for more than 50 percent of the gross floor area on the site of approximately 9.99 acres zoned C-2, High Intensity Commercial District, located near the 2700 block of Wildwood Road and the 1700 block of Skyview Road, Catawba Magisterial District (Philip Thompson, Director of Planning) 3. The petition of Zye Reinhardt and Gaven Reinhardt to obtain a special use permit in an AR, Agricultural/Residential, District for a special events facility on approximately 42.08 acres, located at 2875 Timberview Road and the 2400 block of Loch Haven Drive, Catawba Magisterial District (Philip Thompson, Director of Planning) L. CITIZEN COMMENTS AND COMMUNICATIONS M. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. P. Jason Peters 2. Martha B. Hooker 3. Phil C. North 4. David F. Radford 5. Paul M. Mahoney N. 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: May 24, 2022 AGENDA ITEM: Request to approve the County of Roanoke Electoral Board fiscal year 2022-2023 Elections Operating Budget requests SUBMITTED BY: Anna Cloeter Director of Elections and General Registrar APPROVED BY: Richard L. Caywood County Administrator ISSUE: Approval of the County of Roanoke Electoral Board fiscal year 2022-2023 Elections Operating Budget requests BACKGROUND: Significant changes to voter registration and elections have created the need for additional funding of the County’s Department of Elections. The Roanoke County Electoral Board has outlined requests for those additional funds in the attached PowerPoint presentation. DISCUSSION: The General Assembly has made more than 90 changes to Virginia’s election laws in the past three (3) years; in combination, they have dramatically increased the costs associated with conducting elections. These legal requirements cover everything from election equipment and software to voting machine and election data security. Virginia has expanded the availability of absentee voting to all registered vot ers with no excuse required for a full 45 days, mandated office review of returned absentee ballot envelopes so as to facilitate ballot curing and the pre-processing of all absentee ballots received by mail in the week prior to Election Day. Most recently, bills have been enacted which will completely alter the manner in which absentee results are reported, which will necessitate use of precinct-specific ballots. Compliance with this mandate will necessitate implementation of a Ballot-on-Demand system for early voting and an Page 2 of 2 increase to the number of ballots ordered for Election Day. Through all of this, Roanoke County’s Department of Elections has not received additional funding for operations and maintained only three (3), full-time staff. In light of these things, and pursuant to § 24.2 -111 of the Code of Virginia provide that each locality “shall pay the reasonable expenses of the general registrar,” which “include, but are not limited to, costs for . . . conducting elections as required by this title; and . . . voter education”; and § 24.2 -112 of the Code of Virginia states that the “electoral board of each county . . . shall determine the number of assistant registrars to serve in the office of the general registrar, including any to serve full-time”, the Roanoke County Electoral Board requests that the Board of Supervisors make every effort to provide the funding requested as outlined in the attached PowerPoint presentation for fiscal year 2022-2023. The Roanoke County Electoral Board and Departmen t of Elections are committed to ensuring that our elections are conducted freely, fairly, within the confines of the law and with the greatest possible integrity. As such, they ask that these additional operating expenses be approved to enable adequate preparation for upcoming elections. FISCAL IMPACT: The County of Roanoke Electoral Board fiscal year 2022-2023 Elections Operating Budget requests will impact the County by adding two (2) new, full-time employees to the County of Roanoke Classification and Pay Plan and increase the General Registrar personnel and operating budget by an additional $263,788 as outlined in the attached PowerPoint presentation. STAFF RECOMMENDATION: The County of Roanoke Electoral Board recommends approval of the fiscal ye ar 2022- 2023 Elections Operating Budget requests. Election Type FT Staff AB By Mail AB Turnout February 2004 Presidential November 2004 Presidential November 2005 State/Local November 2006 Federal November 2007 State/Local February 2008 Presidential November 2008 Presidential November 2009 State/Local November 2010 Federal November 2011 State/Local March 2012 Presidential June 2012 Federal November 2012 Presidential November 2013 State/Local November 2014 Federal November 2015 State/Local March 2016 Presidential June 2016 Federal November 2016 Presidential November 2017 State/Local June 2018 State/Local November 2018 Federal November 2019 State/Local March 2020 Presidential June 2020 Federal November 2020 Presidential June 2021 State November 2021 State/Local June 2022 Federal November 2022 Federal/State/TOV Major Election Statistics, 2004-2022 Notes: Type Action 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Address Change 1,061 1,892 1,573 1,336 1,767 1,886 1,272 1,724 1,804 4,645 5,060 5,587 4,974 5,337 4,826 Administrative Duplicate Match - - - - - - - - - - 7,644 10,257 9,163 5,086 6,260 Change In 945 1,587 1,209 1,042 1,343 1,504 1,001 1,224 1,285 2,136 1,834 1,848 1,704 1,710 1,814 Change Out 945 1,587 1,209 1,042 1,343 1,504 1,001 1,224 1,285 2,136 1,834 1,848 1,704 1,710 1,814 Correction 168 575 88 53 98 154 83 94 149 479 213 1,129 192 147 43 Duplicate 45 165 133 279 334 845 342 374 399 3,170 1,998 1,586 973 995 951 Inactivate - - 69 26 18 587 83 12 - 4 2 5 - - - Name Change 169 360 185 228 249 374 202 221 256 779 1,239 1,286 1,315 966 789 Name/Address Change 150 293 140 140 161 209 150 152 173 665 594 678 449 634 411 New 2,342 3,842 1,797 1,733 1,644 3,536 1,604 1,688 1,924 4,994 2,025 2,690 2,500 4,659 2,599 Reactivate 163 289 333 449 354 1,471 506 238 356 2,206 755 873 465 493 530 Reinstate 40 50 13 8 8 10 12 10 5 9 11 3 6 9 11 Transfer In 1,739 3,358 1,846 1,936 1,888 3,075 1,794 1,920 1,986 4,428 3,193 3,805 3,084 3,845 3,073 Updated 7 14 4 9 8 22 17 32 28 538 190 144 227 576 327 7,774 14,012 8,599 8,281 9,215 15,177 8,067 8,913 9,650 26,189 26,592 31,739 26,756 26,167 23,448 Active Cancel - Other 11 29 6 3 5 13 26 3 - - 1 - 2 - 2 Deceased 670 657 610 735 734 792 716 803 710 775 890 817 751 603 1,145 Declared Non-Citizen - - 9 9 14 10 2 3 3 5 11 1 - 3 Felon 22 42 2 172 66 62 61 71 71 182 62 52 60 76 81 Inactive Cancel - NVRA Purge 952 1,076 - 3 - 1,769 - 1,916 - 1,483 - 1,606 - 978 Inactive Cancel - Other - - - - - 3 3 - - - - - - - 1 Ineligible 1 13 8 10 1 2 3 3 1 3 - 2 1 3 2 Mentally Incapacitated 2 6 8 8 5 4 7 6 1 12 4 1 6 6 Out of State 104 236 601 304 334 448 563 968 656 520 1,002 379 228 206 570 Per Choice 2 3 4 6 5 10 5 77 14 24 11 12 419 53 315 Registrar Error 52 19 7 11 9 16 12 7 4 18 6 3 12 9 5 Transfer Out 1,679 3,361 1,912 2,014 1,886 3,244 1,829 1,848 1,988 4,093 3,277 3,517 3,164 3,571 2,975 3,495 4,366 4,243 3,272 3,062 4,604 4,996 3,789 5,364 5,632 6,747 4,784 6,243 4,527 6,083 Confirmations Confirmation 37 59 49 59 475 400 452 125 52 175 257 826 1,025 2,648 673 37 59 49 59 475 400 452 125 52 175 257 826 1,025 2,648 673 Deceased - - - - - - - - - - - - - 1 1 Felony Conviction 7 51 17 22 34 39 36 23 24 97 39 49 52 85 113 Mentally Incapacitated - 2 - - 4 - 2 7 3 2 2 1 - - 1 Missing Information 1 38 40 46 33 125 67 70 119 215 202 233 188 157 125 Out of State - - - - - - - - - - - 27 59 25 58 Refused - Other - 4 22 23 26 25 21 22 85 70 142 161 88 70 96 8 95 79 91 97 189 126 122 231 384 385 471 387 338 394 Grand Total 11,314 18,532 12,970 11,703 12,849 20,370 13,641 12,949 15,297 32,380 33,981 37,820 34,411 33,680 30,598 Added/Changed Voters Denied Voters Denied Voters Total Confirmations Total Cancelled Voters Total Added/Changed Voters Total Cancelled Voters Elections Fiscal Year 2022-2023 Operating Budget Requests Board of Supervisors Meeting May 24, 2022 Agenda 2 •FY 2022-2023 Adopted Elections Budget Laurie GearheartDirector of Finance and Management Services •Introduction and Background Ken SrpanChairman, Roanoke County Electoral Board •Additional Operating Budget Requests and Summary Anna CloeterDirector of Elections and General Registrar FY 2022-2023 Adopted Operating Budget 3 Description Increase Over FY 2022 Total Fiscal Year 2021-2022 Amended General Registrar Operating Budget $ 464,067 Increase Ballot Orders Licenses, Warranties –Pollbooks 13,250 Service Agreement –Pitney Bowes 3,314 Hardware &Software Warranties –Voting Machines 2,430 Additional Part Time salaries 26,961 Total FY 2022-2023 funding increases to General Registrar Operating Budget 60,955 FY2022-2023 salary increases and adjusted benefits 26,801 Total FY 2022-2023 Adopted General Registrar Operating Budget $ 551,823 Introduction & Background Ken Srpan Chairman, Roanoke County Electoral Board 4 Roanoke County Voter Registration & Elections 5 20,370 32,380 33,680 0 10,000 20,000 30,000 40,000 50,000 2012 2016 2020 Registration Requests 4,490 5,001 37,701 2012 2016 2020 Early/Absentee Turnout 47,132 46,688 19,834 2012 2016 2020 Election Day Turnout Elections staff has remained at 3 FTEs Policy Changes Affecting Elections •Implementation of Online Voter Registration in Virginia (2016) •Expanded Election Security Standards & Equipment Requirements (2017-present) •Introduction of No Excuse Absentee Voting (7/20) •45 Days of Voting BEFORE Election Day •In-Person Voting •By Mail Voting •Voters Change Minds •Operation of a Satellite Office during Early Voting (11/20) •Availability of Absentee Ballot Drop Off (11/20, 7/21) •Prepaid Absentee Ballot Return Postage (11/20, 7/21) •Mandatory Absentee Ballot Cure Process (11/20, 7/21) •Mandatory Pre-Processing of Absentee Ballots (7/21) •New Requirement to Report Absentee Results by Precinct (7/22) 6 Additional Operating Budget Requests Anna Cloeter Director of Elections and General Registrar 7 FY 2022-2023 Additional Operating Budget Requests 8 •Part-Time Officers of Elections/Election Day staffing -$68,039 •Cost of staffing Absentee Precinct during pre-processing, Election Day, and post-election tabulation; cost of fully staffing 33 precincts on Election Day •Accommodate extensive changes to the election administration process •Voter card processing/postage -$36,500 •Cost of 75,000 voter cards and #10 window envelopes, sorting and postage •Virginia law requires us to send each registered voter an updated voter card once redistricting is complete •Hardware & firmware warranties for voting machines -$18,000 •Maintenance and service for voting machine hardware and firmware •Ongoing cost, necessary to ensure proper function of voting machines FY 2022-2023 Additional Operating Budget Requests (continued) 9 •10 Ballot-on-Demand printers and licenses -$18,150 •Printers for Vinton and Brambleton Satellite ($8,150 –one time) and licenses to enable secure printing with pollbook equipment ($10,000 –annual) •Permit compliance with recently-approved S.B. 3 and H.B. 927, which require reporting absentee results by voter’s assigned precinct •Increase Election Day ballot orders to 100% -$15,000 •Ensure sufficient supply of paper ballots at each precinct on Election Day •To accommodate changes in results reporting per S.B. 3 and H.B. 927 Description Amount of Request Part Time-Officer of Elections/Election Day $ 68,039 Voter Card Processing/Postage 36,500 Hardware &Software Warranties –Voting Machines 18,000 10 BOD printers and licenses for Early Voting 18,150 Increase Ballot Orders to 100%15,000 Total $ 155,689 10 FY 2022-2023 Additional Operating Budget Requests (continued) FY 2022-2023 Additional Operating Budget Requests: Full-Time Employees 11 Position Title Position Count Benefits Cost Office Support Specialist 1.0 $ 48,537 Early and Absentee Voting Assistant 1.0 59,562 Total Cost of Requested Positions 2.0 $ 108,099 Summary of Additional Funds Requested for Elections FY 2022-2023 Operating Budget Description Amount of Request Additional Operating Budget Requests $ 155,689 Additional Full Time Employees Request 108,099 Total $263,788 12 Questions and Comments 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: May 24, 2022 AGENDA ITEM: Resolution authorizing an amendment to the consulting services agreement with AECOM for the Fallowater Lane Extension Project, Cave Spring Magisterial District SUBMITTED BY: Megan Cronise Assistant Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Staff is requesting authorization to amend the Consulting Services Agreement with AECOM to extend construction administration and construction management services for the Fallowater Lane Extension project. BACKGROUND: The Fallowater Lane Extension project includes reconstructing an existing private access drive to improve access to future development in the area designated as The Ridges in the adopted 419 Town Center Plan. The roadway is being constructed to Virginia Department of Transportation (VDOT) standards and will extend to Almond Drive. A sidewalk is being constructed alongside the roadway. Timeline · September 2016: Roadway alignment identified in the draft 419 Town Center Plan · September 2017: Board of Supervisors reallocated Secondary Six-Year Plan Construction Formula Funding to this project ($1,495,521) · October 2017: Revenue Sharing Program application submitted with a Board of Supervisors resolution · June 2018: CTB approved the County's Revenue Sharing Program application ($502,240 County/$502,240 VDOT) Page 2 of 3 · Summer 2018: Roanoke County began the Preliminary Engineering phase with AECOM; the firm was selected through a Request for Proposals process · February 2019: Additional funding needs were identified for the Preliminary Engineering, Right-of-Way and Construction phases · October 2019: Revenue Sharing Program application submitted with a Board of Supervisors resolution · Fall 2019: VDOT began the Right-of-Way phase · December 2020: CTB approved the County's Revenue Sharing Program application ($920,057 County/$920,057 VDOT) · January 2021: VDOT cleared the Right-of-Way phase · April 2021: Roanoke County advertised the project for construction · May 2021: Board of Supervisors accepted and appropriated Revenue Sharing funding and refund from the cancelled Merriman Road Drainage Project ($1,034,339) · June 2021: Contract executed with A.R. Coffey and construction began · August 2022: Anticipated project completion DISCUSSION: The project is currently five (5) months behind schedule due to the following challenges: 1. Unforeseen rock was encountered; 2. Unforeseen unsuitable soils were encountered and replaced; 3. Unmapped utilities were encountered; and 4. Survey discrepancies necessitated design changes. As a result, AECOM has submitted supplements to the original contract. The total value of all supplements submitted to date is $126,323, or thirty -two point four percent (32.4%) of the original contract. Staff requests authorization to increase the contract with AECOM to $530,000, which is an increase of thirty-six percent (36%) over the original contract amount. Contract amendments of this type are normally within the oversight of the County Administrator as all necessary funds have already been appropriated to the project budget. However, the requested supplements to the contract are in excess of twenty- five percent (25%) of the original contract amount. According to Roanoke County procurement regulations and the Procurement Code of Virginia, changes exceeding twenty-five percent (25%) must be approved by the Board of Supervisors. FISCAL IMPACT: Funding is available in the VDOT project budget to accommodate the AECOM supplements. All project funds have been appropriated and no additional County funds are needed at this time. Page 3 of 3 STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors authorize the amendment and extension of the Consulting Services Agreement with AECOM. Fallowater Lane Extension Update Board of Supervisors Briefing May 24, 2022 In 2016, the Draft 419 Town Center Plan recommends improved access to R-3 zoned land for future residential development Project Origin In 2016, the Draft 419 Town Center Plan recommends improved access to R-3 zoned land for future residential development Project Origin Summer 2017 VDOT notified County Staff that old Secondary Six Year Improvement Program (SSYIP) funds needed to be swept onto a new, fully-funded project $1,495,521September 26, 2017 Board of Supervisors amended the SSYIP to create Fallowater Lane Extension and add swept funds October 24, 2017 Board of Supervisors adopted a resolution supporting the County application for $502,240 Revenue Sharing funds to match $502,240 County funds (50/50 match program)$1,004,480 June 20, 2018 CTB approved Revenue Sharing application 2018 Available Project Funds $2,500,000 September 24, 2019 Board of Supervisors adopted a resolution supporting the County application for $920,057 Revenue Sharing funds to match $920,057 County funds (50/50 match program)$1,840,114 December 9, 2020 CTB approved Revenue Sharing application May 11, 2021 Board of Supervisors accepted and appropriated project funding Current Available Project Funds $4,340,115 Project Funding Project Schedule June 2018: Preliminary Engineering (PE) phase began with AECOM as the consulting firm; County administered the PE phase May 2019: Design Public Hearing held; Right-of-way (ROW) estimate was reconsidered and increased in light of 60 percent plans; PE and construction estimates also increased Fall 2019 –January 2021: VDOT completed the ROW phase, though negotiations are still underway with one property owner April 19, 2021: County advertised the project for construction June 2021 –today: A.R. Coffey is constructing the project with completion anticipated in August 2022 (5 month delay) Project Extent Chuck E. Cheese Southwest Medical ClinicEl Mezcal Shell Slate Hill Baptist Church Cemetery Challenges Resulting in Construction Delays •Unforeseen rock was encountered •Unforeseen unsuitable soils were encountered and replaced •Unmapped utilities were encountered •Survey discrepancies necessitated design changes AECOM has submitted supplements totaling $126,323 to date (32.4 percent of the original contract). Unsuitable Soils (March 2022) Redesigned/Taller Retaining Wall (May 2022) Action Requested Staff recommends that the Board of Supervisors authorize the amendment and extension of the Consulting Services Agreement with AECOM to $530,000, an increase of 36 percent over the original contract amount. Funding is available in the VDOT project budget to accommodate the AECOM supplements. All project funds have been appropriated and no additional County funds are needed at this time. Construction completion is anticipated in August 2022. Questions 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, MAY 24, 2022 RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH AECOM TO EXTEND CONSTRUCTION ADMINISTRATION AND CONSTRUCTION MANAGEMENT SERVICES FOR THE FALLOWATER LANE EXTENSION PROJECT WHEREAS, the Fallowater Lane Extension project includes reconstructing an existing private access drive to improve access to future development in the area designated as The Ridges in the adopted 419 Town Center Plan; and WHEREAS, as this project is currently five (5) months behind schedule due to several unforeseen and unexpected challenges, AECOM has submitted supplements to the original contract totaling $126,323, or thirty-two point four percent (32.4%) of the original contract; and WHEREAS, Roanoke County procurement regulations and the Procurement Code of Virginia require that changes exceeding twenty-five percent (25%) of the original contract be approved by the Board of Supervisors; and WHEREAS, County staff recommends amending the contract with AECOM to $530,000, an increase of thirty-six percent (36%) over the original contract amount. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that the County Administrator, or any Assistant County Administrator, is hereby authorized to execute an amendment to the AECOM Consultation Services Agreement to authorize expenses up to $530,000 to extend construction administration and construction management services for the Fallowater Lane Extension project, which agreement shall be reviewed and approved as to form by the County Attorney. 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: May 24, 2022 AGENDA ITEM: Ordinance accepting and appropriating funds in the amount of $9,147,263 from the Department of the Treasury for the locality-based allocation distributed as a component of the American Rescue Plan Act (ARPA) of 2021 SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Accept and appropriate funds in the amount of $9,147,263 from the Department of the Treasury BACKGROUND: On March 11, 2021, the American Rescue Plan Act of 2021 was signed into law. The $1.9 trillion package includes funding for stimulus checks, unemployment assistance, education, public health, child tax credits, transportation and infrastructure, pensions, raising the federal minimum wage, support for businesses, child care and community support. In addition, $350 billion has been set aside for State and local governments. Of this amount, $65.1 billion has been set aside for counties, and the County of Roanoke portion is $18,294,526. The first half of the allocation was received on May 19, 2021, in the amount of $9,147,263, and was appropriated by the Board at the October 19, 2021 meeting. The second half of the allocation will be received in the next couple of weeks. DISCUSSION: The Treasury has released the Final Rule, which outlines the guidance on eligible and ineligible uses of the funds. Page 2 of 2 The guidance for eligible uses of the funds are outlined in six broad categories which are; Support Public Health Response, Address Negative Economic Impacts, Replace Public Sector Revenue Loss, Premium Pay for Essential Workers, Water and Sewer Infrastructure, and Broadband Infrastructure. In addition, the guidance states ARPA funds may only be used to cover costs that were incurred during the period that began on March 3, 2021, and ends on December 31, 2024. Costs can be “incurred” by December 31, 2024, and expended through December 31, 2026 During a work session held on April 12, 2022, staff reviewed with the Board of Supervisors ideas for the use of the funds to include funding for Broadband proje cts, Cybersecurity upgrades, heavy equipment, water and sewer needs, stormwater, mental health initiatives, and other identified qualifying projects. Since then, Staff have continued to gather information on eligible uses of the funds and Attachment A outlines the current projects and projected costs for our total allocation of $18,294,526. Staff will provide updates to the Board on how the projects are progressing and how the allocations are being spent. FISCAL IMPACT: No County funds are required. Funds are 100% Federal funds. $9,147,263 will be appropriated to the Grant Fund. STAFF RECOMMENDATION: Staff recommends approval of the first reading of the ordinance and scheduling the second reading for June 14, 2022 to accept and appropriate $9,147,2 63 to the grant fund for the second payment to be received of the locally-based allocation of ARPA funds. Shared on Board Meeting Description April 12, 2022 Changes May 24, 2022 Broadband VATI Grant match $ 2,050,409       $ 400,000             $ 2,450,409               Mental Health Police 109,682 ‐ 109,682  Water and Sewer infrastructure projects 5,334,435       200,000             5,534,435               Stormwater Drainage 2,374,222       (100,000)           2,274,222               Cat 315 CL Excavator 274,550 ‐ 274,550   2 Pumper/Engines @$690,000 each 1,380,000       (7,744)                1,372,256                2 Ambulances @$300,000 each 600,000 (39,596)              560,404   Ladder Truck 1,000,000       (2,412)                997,588   Oak Grove Park Improvements 500,000 ‐ 500,000   Light Fleet & Equipment 1,656,228       (550,248)           1,105,980                Station 3 roof replacement 401,000 ‐ 401,000  Emergency 911 Phone System Upgrade 51,000             ‐ 51,000  County‐wide Cisco Phone Replacement 266,000 ‐ 266,000  Email and Business Productivity Tools Replacement 150,000 ‐ 150,000  Additional Trash Truck 310,000 ‐ 310,000  Collective Response 200,000 ‐ 200,000  Generator for the Jail 837,000 ‐ 837,000  Cybersecurity 800,000 ‐ 800,000  B2X contract ‐ 100,000             100,000    Total ARPA allocation $ 18,294,526     $‐ $ 18,294,526             County of Roanoke American Rescue Plan Act Allocation Attachment A Page 1 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24, 2022 ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $9,147,263 FROM THE DEPARTMENT OF THE TREASURY FOR THE LOCALITY-BASED ALLOCATION DISTRIBUTED AS A COMPONENT OF THE AMERICAN RESCUE PLAN ACT (ARPA) OF 2021 WHEREAS, in response to the Coronavirus pandemic, on March 11, 2021, the American Rescue Plan Act of 2021 was signed into law in the amount of $1.9 trillion; and WHEREAS, $350 billion has been set aside for state and local governments and of this amount $65.1 billion has been set aside for counties; and WHEREAS, the Department of the Treasury has notified the County that its second allocation of funds made available through ARPA is $9,147,263; and WHEREAS, these funds may be used only for eligible expenses as outlined in the Final Rule under the six broad categories of Support Public Health Response, Address Negative Economic Impacts, Replace Public Sector Revenue Loss, Premium Pay for Essential Workers, Water and Sewer Infrastructure, and Broadband Infrastructure ; and ARPA may only be used to cover costs that 1) were incurred during the period that began on March 3, 2021, and ends on December 31, 2024 and 2) costs can be “incurred” by December 31, 2024 and expended through December 31, 2026 ; and WHEREAS, the first reading of this ordinance was held on May 24, 2022; and the second reading was held on June 14, 2022. Page 2 of 2 NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The sum of $9,147,263, made available to the County through the Department of the Treasury from the American Rescue Plan Act, is accepted. 2. The sum of $9,147,263 is hereby appropriated to the County’s Grant Fund, to be used for those purposes allowable under the Act. 2. That this ordinance shall take effect from and after the date of adoption. Page 1 of 2 ACTION NO. ITEM NO. D.2 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 24, 2022 AGENDA ITEM: Ordinance authorizing the granting of public utility easements to the Western Virginia Water Authority on property owned by the Roanoke County Board of Supervisors (Tax Map 036.03-01-01.00-0000 and 036.03- 01-62.00-0000) located at 1204, 1206 and 1216 Kessler Mill Road, Catawba Magisterial District SUBMITTED BY: Doug Blount Assistant County Administrator APPROVED BY: Richard L. Caywood County Administrator ISSUE: Ordinance authorizing the granting of a public utility easement to the Western Virginia Water Authority on property owned by the Roanoke County Board of Supervisors (Tax Map 036.03-01-62.00-0000 and 036.03-01-01.00-0000) located at 1204, 1206 and 1216 Kessler Mill Road, Catawba Magisterial District BACKGROUND: The Western Virginia Water Authority (WVWA) designates annual capital imp rovement projects to improve the water and sewer service in the jurisdictions that it serves. For fiscal year 2022, WVWA has identified the extension of the North Water Main in the Catawba Magisterial District. DISCUSSION: The Western Virginia Water Authority wants to extend the North Water Main from Thompson Memorial Drive to Kessler Mill. To be able to extend this water main, the extension must cross the Public Service Center parcel and along Kessler Mill Road. There are two easements being requested a s designated on the plat dated January 20, 2022: Page 2 of 2 1. A new twenty foot (20’) width easement and a ten foot (10’) temporary construction easement, to construct and maintain a water line on Tax Map ID 036.03-01-01.00-0000. 2. A new variable width easement an d a ten foot (10’) temporary construction easement to construct and maintain a waterline on Tax Map ID 036.03 -01-62.00- 0000. Tax Map ID 036.03-01-01.00-0000 is the Public Service Center facility and grounds. The easement requested is a total of 13,007 square feet. Tax Map ID 036.03-01-62.00-0000 is the section of land along Kessler Mill Road in front of the Public Service Center. The easement requested is a total of 1,597 square feet. The deeds state that the easements include the following uses: water l ines and communication infrastructure including but not limited to fiber optics cable together with related improvements. WVWA staff has coordinated the easement with Roanoke County staff. When construction is scheduled, it will be coordinated with Roanoke County staff. The construction will impact the operations of the Public Service Center for several days while the waterline is installed across the entrance road to the Public Service Center. FISCAL IMPACT: There is no financial impact to granting the easement. STAFF RECOMMENDATION: Staff recommends approval of the first reading and setting the second reading for June 14, 2022. 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 Parcel #036.03-01-62.00-0000 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 North Loop Water Main Extension - Thompson Memorial Drive to Kessler Mill Road project. THIS EASEMENT AGREEMENT, made this ________ day of _________________, 2022, by and between ROANOKE COUNTY BOARD OF SUPERVISORS, 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 and a ten foot (10’) temporary construction easement, to construct, install, improve, operate, inspect, use, maintain, repair or replace a water line or lines and communication infrastructure including but not limited to fiber optics cable together with related improvements including slope(s), if applicable (collectively, the “easement”), together with the right of ingress and egress thereto from a public road, upon, over, under, and across those tracts or parcels of land belonging to the Grantor, acquired by deed dated September 26, 2000, and recorded in the Clerk's Office for Circuit Court of the County of Roanoke, Virginia, as Instrument Number 016710474 / Deed Book 1671, Page Number 474, and designated on the Land Records as Tax #036.03-01-62.00- 0000 (the “Property”). The location of said easement is generally described on the exhibit attached hereto as “Exhibit A” and more particularly described as being centered over the constructed water line or lines. The Grantee agrees to restore and repair any actual damage to Grantor’s property which may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the Property to the identical original condition, but rather as near thereto as is practicable to the condition at the time the easement was granted, and that the Grantor will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents shall have the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way endangers or interferes with the proper use of the same. The Grantor covenants that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantor acknowledges that the plans for the aforesaid project as they affect the Property have been fully explained to Grantor or Grantor’s authorized representative. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by the Grantee or its assigns and further grantees shall remain the property of the Grantee or its Page 2 of 2 assigns and further grantees. The easement herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantor covenants and agrees for themselves, and for their heirs, successors, successors in title, executors, legal representatives and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement herein granted. The grant and provision of this Easement Agreement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. To have and to hold unto the Grantee, its successors and assigns forever. WITNESS the following signature(s): GRANTOR: Roanoke County Board of Supervisors By: Title: COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE to wit: The foregoing instrument was acknowledged before me this _______ day of _____________, 2022, by _________________ , its of _________ _________________, on behalf of said entity, Grantor. ___________________________________ Notary Public My Commission Expires: My Registration Number is: GRANTEE: WESTERN VIRGINIA WATER AUTHORITY By: _________________________________ Name:_______________________________ Title:________________________________ COMMONWEALTH OF VIRGINIA CITY OF ROANOKE to wit: The foregoing instrument was acknowledged before me this _______ day of ___________________, 2022, by _________________, ____________________________ 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 Parcel #036.03-01-01.00-0000 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 North Loop Water Main Extension - Thompson Memorial Drive to Kessler Mill Road project. THIS EASEMENT AGREEMENT, made this ________ day of _________________, 2022, by and between ROANOKE COUNTY BOARD OF SUPERVISORS, 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 twenty foot (20’) width RIGHT and EASEMENT and a ten foot (10’) temporary construction easement, to construct, install, improve, operate, inspect, use, maintain, repair or replace a water line or lines and communication infrastructure including but not limited to fiber optics cable together with related improvements including slope(s), if applicable (collectively, the “easement”), together with the right of ingress and egress thereto from a public road, upon, over, under, and across those tracts or parcels of land belonging to the Grantor, acquired by deed dated May 12, 1995, and recorded in the Clerk's Office for Circuit Court of the County of Roanoke, Virginia, as Instrument Number 014821380 / Deed Book 1482, Page Number 1380, and designated on the Land Records as Tax #036.03-01- 01.00-0000 (the “Property”). The location of said easement is generally described on the exhibit attached hereto as “Exhibit A” and more particularly described as being centered over the constructed water line or lines. The Grantee agrees to restore and repair any actual damage to Grantor’s property which may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the Property to the identical original condition, but rather as near thereto as is practicable to the condition at the time the easement was granted, and that the Grantor will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents shall have the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way endangers or interferes with the proper use of the same. The Grantor covenants that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantor acknowledges that the plans for the aforesaid project as they affect the Property have been fully explained to Grantor or Grantor’s authorized representative. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by the Grantee or its assigns and further grantees shall remain the property of the Grantee or its Page 2 of 2 assigns and further grantees. The easement herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantor covenants and agrees for themselves, and for their heirs, successors, successors in title, executors, legal representatives and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement herein granted. The grant and provision of this Easement Agreement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. To have and to hold unto the Grantee, its successors and assigns forever. WITNESS the following signature(s): GRANTOR: Roanoke County Board of Supervisors By: Title: COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE to wit: The foregoing instrument was acknowledged before me this _______ day of _____________, 2022, by _________________ , its of _________ _________________, on behalf of said entity, Grantor. ___________________________________ Notary Public My Commission Expires: My Registration Number is: GRANTEE: WESTERN VIRGINIA WATER AUTHORITY By: _________________________________ Name:_______________________________ Title:________________________________ COMMONWEALTH OF VIRGINIA CITY OF ROANOKE to wit: The foregoing instrument was acknowledged before me this _______ day of ___________________, 2022, by _________________, ____________________________ for the Western Virginia Water Authority, on behalf of said corporation, Grantee. ___________________________________ Notary Public My Commission Expires: My Registration Number is: AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24, 2022 ORDINANCE AUTHORIZING THE GRANTING OF PUBLIC UTILITY EASEMENTS TO THE WESTERN VIRGINIA WATER AUTHORITY ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NUMBERS 036.03-01-01.00-0000 AND 036.03-01-62.00-0000) LOCATED AT 1204, 1206, AND 1216 KESSLER MILL ROAD, CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Western Virginia Water Authority wishes to extend the North Water Main from Thompson Memorial Drive to Kessler Mill Road; and WHEREAS, in order to extend the North Water Main, the extension must cross the County’s Public Service Center property on Kessler Mill Road; and WHEREAS, the Western Virginia Water Authority has requested that the County grant to it certain public utility easements and temporary construction easements to extend the said North Water Main; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and disposition of real estate be authorized only by ordinance; and WHEREAS, a first reading of this ordinance was held on May 24, 2022 and the second reading was held on June 14, 2022; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provision of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for conveyance to the Western Virginia Water Authority for purposes of public utility easements and temporary construction easements. 2. That conveyance to the Western Virginia Water Authority of the public utility easements and temporary construction easements as shown and described upon the plat entitled “EXHIBIT PLAT SHOWING A NEW 20’ PUBLIC WATERLINE EASEMENT (EASEMENT AREA “A”) (13,007 SQUARE FEET) ACROSS ROANOKE COUNTY TAX PARCEL #036.03-01-01.00-0000 AND A NEW VARIABLE WIDTH PUBLIC WATERLINE EASEMENT (EASEMENT AREA “B”) (1,597 SQUARE FEET) ACROSS ROANOKE COUNTY TAX PARCEL #036.03-01-62.00-0000 BEING GRANTED BY ROANOKE COUNTY BOARD OF SUPERVISORS TO THE WESTERN VIRGINIA WATER AUTHORITY” prepared by Lumsden Associates, P.C., dated January 20, 2022, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County accepts and appropriates the payment of $1.00 as fair market value compensation for this easement. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on a form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. Page 1 of 3 ACTION NO. ITEM NO. D.3 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 24, 2022 AGENDA ITEM: Ordinance authorizing the acquisition of a permanent easement for Long Ridge Trail on property located off Twelve O'Clock Knob Road in the Windsor Hills Magisterial District (Tax Parcel ID 075.00-01-05.01-0000) SUBMITTED BY: Lindsay B. Webb Parks Planning and Development Manager APPROVED BY: Richard L. Caywood County Administrator ISSUE: Ordinance authorizing the acquisition of a permanent easement for Long Ridge Trail on property located off Twelve O'Clock Knob Road in the Windsor Hills Magisterial District (Tax Parcel ID 075.00-01-05.01-0000) BACKGROUND: Roanoke County’s greenways and trails are identified and prioritized in the regionally approved 2018 Roanoke Valley Greenway Plan, adopted by the City of Roanoke, County of Roanoke, County of Botetourt, City of Salem and Town of Vinton. The Greenway Plan identifies numerous Category 4 conceptual greenway and trails projects, such as Long Ridge Trail, that are to be developed as opportunities and resources arise. There is a high demand in the region for additional trails that help strengthen communities by providing local recreation opportunities and neighborhood connections between parks and greenways. The 2007 Roanoke County Comprehensive Master Plan for Parks and Facilities identifies the development of greenways and trails as a high priority desired by citizens in Roanoke County. The Roanoke County 2016 Community Strategic Plan identifies outdoor recreation as a regional priority and supports the expansion of greenways and trails. The Long Ridge Trail is identified in the Greenway Plan as a Category 4 Route that proposes a connection between Poor Mountain Natural Area Preserve owned by the Page 2 of 3 Virginia Department of Conservation and Recreation (DCR) and Happy Hollow Gardens, which is a local park owned by Roanoke County. Long Ridge Trail is undeveloped at this time and provides a unique opportunity for a future woodland natural surface trail. Poor Mountain Natural Area Preserve protects the world's largest population of piratebush, a globally rare shrub, which is restricted to only a handful of sites in the mountains of Virginia, Tennessee, and North Carolina. The Preserve is 1,326 acres with a small parking lot and natural surface hiking trails located on the westside of Twelve O’Clock Knob Road (State Route 694). Trails include a relatively e asy 1-mile loop through the piratebush population, and a steep and strenuous 4 -mile loop that takes several hours to complete. The property is managed by the Virginia DCR Division of Natural Heritage. Happy Hollow Gardens is a 38-acre local park with a small parking lot, a wooden elevated boardwalk trail through beautiful azaleas, a 2 -mile natural surface trail along a creek, an outdoor amphitheater, and picnic shelter. It is managed by Roanoke County Parks, Recreation and Tourism. DISCUSSION: Tax Parcel ID 075.00-01-05.01-0000 is a 90-acre parcel located off Twelve O’Clock Knob Road between Poor Mountain Natural Area Preserve and Happy Hollow Gardens. The property owners (Justin Keith Belcher and Diona Harrison) have agreed to donate and convey a 30-50' variable width easement with a total area of 1.88 acres along the southern and southwestern boundaries of the property, as shown on the attached preliminary plat prepared by Roanoke County Department of Development Services. A portion of the property boundary from “A” to “B” is the centerline of an existing 8 -10’ variable width unimproved road, identified on recorded plats as the “Burket Road”. Staff are recommending that the future Long Ridge Trail be constructed north of and parallel to the existing road, and the easement width has been designed to accommodate this trail construction. Additionally, the easement width has been extended to 50’ on steep slopes to accommodate the trail construction. The property owners have generously agreed to donate a perma nent greenway easement to Roanoke County for construction and maintenance of a public access easement for Long Ridge Trail. The greenway easement will not be open to the public until such time as construction of Long Ridge Trail is complete. Staff recommends that the trail will not be constructed and open for public access until easements are obtained on adjacent properties to provide connectivity between Poor Mountain Natural Area Preserve and Happy Hollow Gardens. Page 3 of 3 FISCAL IMPACT: There is no cost to Roanoke County for preparation of the easement, as the deed and plat have been prepared by Roanoke County staff. Roanoke County will be responsible for the future construction and maintenance of Long Ridge Trail. It is anticipated that the Pathfinders for Greenways, Inc. will construct the natural surface trail with volunteer labor and help maintain it for Roanoke County. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance and scheduling the second reading for June 14, 2022. R o a n o k e CountyRoanoke County C i t y of C i t y of R o a n okeRoanoke C i t y of C i t y of S a l emSalem T o w n of T o w n of V i n tonVinton B o t e t ourt B o t e t ourt C o u ntyCounty !(43 !(43 !(41 !(40 !(14 !(10 !(10 !(32 !(43 !(1 !(1!(1 !(5 C r a ig C r a ig C o u ntyCounty !(39 !(42 !(36 !(36 !(26 !(35 !(10 !(10!(10 !(8 !(8 !(8 !(43 !(40 !(2 !(36 !(3 !(30 !(27 !(37 !(24 !(6 !(12 !(17 !(18 !(44 !(34 !(9 !(28 !(10 !(41 !(27 !(7 !(40 !(23 !(27 !(1 !(44 !(31 !(43 !(38 !(34 !(22 !(5 !(15 !(21 !(29 !(16 !(20 !(19 !(33 !(5 !(40 !(10 !(40 !(10 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 RockEagle Rock B o t e t o u r t CountyBotetourt County !(13 B o t e t ourt B o t e t ourt C o u ntyCounty B u c h ananBuchanan !(1 !(26 !(25 !(35 *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 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! Bowman Hollow Back Creek Barnhardt Creek Roanoke River Tributary Little Back Creek West Dry Branch FRANKLIN TWELVE OCLOCKKNOB HIDDENWOODS GLADDEN MTCHESTNUTLEVI IVY MOUNTAIN WABUN HARBORWOOD POPCORN HIDDEN FOREST FAIRWAYWOODS BUCKEYE CANYON FARMHILL COUNTRY WALKING BEARING WHIPPOORWILL WADE STONEY POINT LUTHER LILLY HILLWILLOWVALLEY GRANDIN ROAD Roanoke CountyRoanoke Valley Greenway Plan 2018: Proposed Trail Connections between Poor Mountain Natural Area Preserve and Happy Hollow Gardens ² Date: 5/11/2022 1 inch = 1,953 feet !Poor Mountain Trails, Category 3 Conceptual Routes !Long Ridge Trail, Category 4 Conceptual Route Existing Trails Tax Parcel ID: 075.00-01-05.01-0000 0 900 1,800 2,700 3,600450 Feet Happy Hollow Gardens Commonwealth of Virginia 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, MAY 24, 2022 ORDINANCE AUTHORIZING THE ACQUISITION OF A PERMANENT EASEMENT FOR LONG RIDGE TRAIL ON PROPERTY LOCATED OFF TWELVE O’CLOCK KNOB ROAD, IN THE WINDSOR HILLS MAGISTERIAL DISTRICT (ROANOKE COUNTY TAX MAP NO: 075.00 - 01-05.01-0000) WHEREAS, Roanoke County’s greenways are developing bicycle and pedestrian trails identified in the regionally approved 2018 Roanoke Valley Greenway Plan, adopted by the City of Roanoke, County of Roanoke, County of Botetourt, City of Salem, and Town of Vinton; and WHEREAS, the 2018 Roanoke Valley Greenway Plan identified numerous greenway projects to be addressed as opportunities and r esources arise, and identified Long Ridge Trail in Roanoke County as a route of interest; and WHEREAS, the 2007 Roanoke County Comprehensive Master Plan for Parks and Facilities identified the development of greenways and trails as a high priority desired by citizens in Roanoke County; and WHEREAS, an easement is needed to connect Long Ridge Trail from Poor Mountain Preserve to Happy Hollow Park across property owned by Justin Keith Belcher and Diona Harrison designated as Roanoke County Tax Map Number 075.00-01-05.01- 0000 (0 Twelve O’clock Knob Road); and WHEREAS, Justin Keith Belcher and Diona Harrison have agreed to donate a permanent easement to Roanoke County for the aforementioned purposes; and Page 2 of 2 WHEREAS, Section 18.04 of the Roanoke County Charter d irects that the acquisition and conveyance of real estate interests be accomplished by ordinance; and WHEREAS, the first reading of this ordinance was held on May 24, 2022, and the second reading was held on June 14, 2022. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition of an easement on property located at 0 Twelve O’clock Knob Road (Tax Map No. 075.00-01-05.01-0000) as shown on the attached plat titled “LONG RIDGE TRAIL EASEMENT 12 O’CLOCK KNOB ROAD ACROSS TAX PARCEL 075.00-01-05.01-0000, ROANOKE, VA GRANTORS: JUSTIN BELCHER & DIONA HARRISON” prepared by the County of Roanoke Department of Development Services on the _____ day of __________________, 2022, is hereby authorized and approved. 2. That the County Administrator or any Assistant County Administrator are hereby authorized to execute the deed and any other incidental documents required for the acquisition and to take such actions on behalf of the County of Roanoke in this matter as are necessary or desirable to accomplish the acquisition, all of which shall be approved as to form by the County Attorney. 3. That this ordinance is to be in full force and effect upon its passage. 1 of 10 Prepared by: Rachel Lower, County Attorney (VSB #88094) Roanoke County Attorney’s Office 5204 Bernard Drive; P.O. Box 29800 Roanoke, Virginia 24018 Roanoke County Tax Map Number: 075.00-01-05.01-0000 Property Owners: Justin Keith Belcher and Diona Harrison THIS CONVEYANCE IS EXEMPT FROM RECORDATION TAXES AND FEES PURSUANT TO VIRGINIA CODE § 58.1-811(A)(3), § 17.1-266, AND § 17.1-279(E) THIS DEED OF EASEMENT is entered into this _____ day of __________________ 2022 by JUSTIN KEITH BELCHER and DIONA HARRISON (hereinafter referred to as the “Grantors”) and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, a political subdivision of the Commonwealth of Virginia (hereinafter referred to as the “Grantee”). WITNESSETH: WHEREAS, Roanoke County’s greenways are developing bicycle and pedestrian trails identified in the regionally approved 2018 Roanoke Valley Greenway Plan, adopted by the City of Roanoke, County of Roanoke, County of Botetourt, City of Salem, and Town of Vinton; WHEREAS, the 2018 Roanoke Valley Greenway Plan identified numerous greenway projects to be addressed as opportunities and resources arise, and identified Long Ridge Trail in Roanoke County as a route of interest; WHEREAS, the 2007 Roanoke County Comprehensive Master Plan for Parks and Facilities identified the development of greenways and trails as a high priority desired by citizens in Roanoke County; WHEREAS, an easement is needed to connect Long Ridge Trail from Poor Mountain Preserve to Happy Hollow Park, said easement being across portions of the Grantors’ property designated as Roanoke County Tax Map Number 075.00-01-05.01-0000 (0 Twelve O’clock Knob Road), and more particularly described 2 of 10 on a plat titled “LONG RIDGE TRAIL EASEMENT 12 O’CLOCK KNOB ROAD ACROSS TAX PARCEL 075.00-01-05.01, ROANOKE, VA GRANTORS: JUSTIN BELCHER & DIONA HARRISON” prepared by the County of Roanoke Department of Development Services on the _____ day of __________________, 2022, which is attached hereto as Exhibit A (herein referred to as the “Plat”); WHEREAS, Grantee has requested, and the Grantors have agreed to, the conveyance of a perpetual greenway easement over the Grantors’ property (herein referred to as “Greenway Easement”) to the Grantee for use as a PUBLIC ACCESS TRAIL; NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors hereby GRANT and CONVEY with General Warranty and Modern English Covenants of Title unto the Grantee, its successor and assigns, the following described easement, in the County of Roanoke, Virginia to wit: A PERPETUAL VARIABLE WIDTH ACCESS EASEMENT, herein referred to as “Greenway Easement,” consisting of 1.88 acres, more or less, to construct, improve, operate, inspect, use, monitor, maintain, repair or replace a PUBLIC ACCESS TRAIL upon, over, through, and across the parcel of land belonging to the Grantors, which is designated on the Roanoke County Land Records as Tax Map Number 075.00-01-05.01-0000. The location of said easement shall be within the area as shown upon the plat dated _________ ___, 2022, prepared by the County of Roanoke Department of Development Services, said Plat being attached as Exhibit A and to be recorded in the Roanoke County Clerk’s Office with this deed. AND NOW, THEREFORE, the said GREENWAY EASEMENT shall be subject to the following terms and conditions: 1. The Grantors hereby grant to the Grantee and the general public free access to and use of the Public Access Trail within the Greenway Easement, subject to the laws 3 of 10 and ordinances of Roanoke County, for the purposes including but not limited to: walking, jogging, hiking, bicycle riding, horseback riding, and nature study. 2. There shall be no access by the Grantee or the public at-large granted by this Greenway Easement to any property of the Grantors other than the Greenway Easement and Public Access Trail described and conveyed herein on Exhibit A. The general public shall have no right to construct or improve any portion of the Greenway Easement or Public Access Trail. 3. The Grantee agrees that the Greenway Easement shall not be open to the public until such time as construction of the Public Access Trail is complete. There shall be no access by the public-at-large or the Grantee to the Greenway Easement prior to construction of the Public Access Trail, except that Grantee’s employees and agents may obtain access upon reasonable notice to either one of the Grantors. 4. Public access with any type of motor vehicle, including but not limited to cars, trucks, motorcycles, four-wheel drives, motor bikes, mopeds, ATVs, UTVs, and snowmobiles, shall be prohibited except for construction, inspection, responding to emergency calls, maintenance, or reconstruction of the Public Access Trail within the Greenway Easement area by the Grantee or to the extent such vehicles are necessary for accessibility under the Americans with Disabilities Act. 5. The Grantors shall be considered the owner of the Greenway Easement conveyed herein for purposes of determining development density standards under applicable zoning and land-use laws or regulations, and the Grantors shall be responsible for payment of taxes on the property subject to the Greenway Easement. 4 of 10 6. The Grantors shall retain the right to use the land subject to the Greenway Easement acquired herein in any manner which shall not interfere with the use and enjoyment of the Public Access Trail. 7. The Grantee may erect within the Greenway Easements markers, kiosks, litter receptacles, vehicle control barriers, benches, bridges, signage, fences, and gates, as deemed necessary for preservation of the Greenway Easement, use of the Public Access Trail, and safety of the Public Access Trail users. The Grantee may not build parking lots or provide for public parking on the Greenway Easement. No other building or above grade structure shall be constructed within the Greenway Easement by the Grantee or Grantor without written permission of the Grantor. 8. There shall be no removal, destruction, or cutting of trees within the Greenway Easement, except as may be performed by the Grantee or its agents for construction or maintenance of the Public Access Trail, reduction of hazard, flood control, good husbandry practice, or prevention or treatment of disease. Grantee shall not remove, destroy, or cut trees located outside the Greenway Easements, except to the extent that cutting is necessary to remove that portion of a tree that intrudes into the Greenway Easement. 9. The Grantee agrees to be responsible for any regulatory storm water requirements which result from the trail-related improvements and to design, construct and maintain adequate storm water structures and controls within the Greenway Easements to prevent ponding of runoff or erosion on Grantors’ Property. 5 of 10 10. The Grantee shall pay any storm water management fee or other environmental impact fee imposed by any local, state, or federal agency for the area within the Greenway Easements. 11. The Grantee and its agents shall have the right to inspect the Greenway Easements and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within or upon the Greenway Easement that in any way endanger or interfere with the proper use of the same. 12. The Grantee shall have the right and duty to ensure maintenance of the Public Access Trail, once built, for as long as it holds the easement rights hereunder. The Grantors shall have no maintenance responsibility of the Public Access Trail within the Greenway Easement. 13. The Grantee shall not unreasonably deny the Grantors access to the Public Access Trail or Greenway Easement. 14. The Grantors shall not erect any building, fence, sign, guardrail, or other above- grade structure within the Greenway Easement so as to render the Greenway Easement inaccessible, except that fences and gates, at grade crossings, and overhead and underground utilities may be erected and/or maintained by the Grantors, with the mutual consent of the Grantors and Grantee. 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. 15. There shall be no excavation or dredging, or dumping of ashes, garbage, waste, brush or other unsightly or offensive material on the Greenway Easement or Public Access Trail by the Grantors, Grantors’ agents or licensees. 6 of 10 16. Any construction by the Grantors of roads or driveways within the easement area or crossing the Public Access Trail must be approved by the Grantee and designed in coordination with the Grantee to facilitate a safe and convenient crossing of the road by Public Access Trail users. 17. The Grantee agrees to defend, indemnify, and hold harmless Grantors from and against any and all claims, demands, actions, damages, losses, and liabilities to the extent permitted by the law and without waiving any claim of sovereign immunity. However, the Grantors shall not be held harmless from liability caused by the active conduct or intentional acts of the Grantors, Grantors’ agents, invitees, or contractors which violate the terms and conditions of this Deed of Easement. 18. The Greenway Easement herein conveyed shall be appurtenant to the Grantors’ lands over which it runs and shall convey to the Grantee the perpetual right to install and maintain improvements, the right to go on, over and upon the said Greenway Easement for the purposes of installing, maintaining, repairing and replacing the improvements necessary for the Public Access Trail. 19. The covenants agreed to and the terms, conditions, and restrictions imposed herein shall be binding upon the Grantors and Grantors’ agents, heirs, and assigns and shall continue as a servitude running in perpetuity with the described land. The Grantors agree that the terms, conditions, and restrictions of this Greenway Easement will be inserted by it in any subsequent deed or other legal instrument by which it divests itself of either the fee simple title to, or of its possessory interest in, the subject property. 7 of 10 20. The Grantee may convey, transfer, or assign this Greenway Easement and its interest and rights acquired herein to another governmental or public entity. 21. Should the Grantee or its assigns or successors-in-interest cease to develop, operate, or maintain the Public Access Trail, the Grantors may request that the Greenway Easement be vacated. Grantee or its assigns or successors-in-interest shall not unreasonably withhold approval of such request. 22. In the event any violation of these terms, conditions, or restrictions is found to exist, the Grantee may take any action provided for by law. 23. This Greenway Easement is subject to all covenants, conditions, restrictions, and other easements of record insofar as they may affect this Greenway Easement. 24. The recitations in the introductory clauses to this Deed of Easement introduced by the word “whereas” are incorporated herein as substantive provisions of this Deed of Easement and will be binding on the parties. 25. The Grantors acknowledge the right to receive just compensation and the right to request an appraisal for the property herein conveyed, and hereb y waive those rights. This Greenway Easement is executed by Richard L. Caywood, County Administrator, on behalf of the Board of Supervisors of Roanoke County, pursuant to Ordinance Number _________ adopted by the Board of Supervisors of Roanoke County on _______ ___, 2022. WITNESS the following signatures and seals: SIGNATURES TO FOLLOW: 8 of 10 GRANTOR: JUSTIN KEITH BELCHER _____________________________________(Seal) STATE OF _______________ ) CITY/COUNTY/TOWN OF ___________ ) to-wit: The foregoing instrument was acknowledged before me this _____ day of _________ 2022, by Justin Keith Belcher. ________________________________________ Notary Public Signature My commission expires: ____________________ Registration No.: __________________________ 9 of 10 GRANTOR: DIONA HARRISON _____________________________________(Seal) STATE OF _______________ ) CITY/COUNTY/TOWN OF ___________ ) to-wit: The foregoing instrument was acknowledged before me this _____ day of _________ 2022, by Diona Harrison. ________________________________________ Notary Public Signature My commission expires: ____________________ Registration No.: __________________________ 10 of 10 GRANTEE: THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: ______________________________________ Name/Title: _____________________________ COMMONWEALTH OF VIRGINIA ) COUNTY OF ROANOKE ) to-wit: The foregoing instrument was acknowledged before me this _____ day of _________ 2022, by Richard L. Caywood, County Administrator. ________________________________________ Notary Public Signature My commission expires: ____________________ Registration No.: __________________________ Approved as to Form: ____________________________ Roanoke County Attorney’s Office Page 1 of 3 ACTION NO. ITEM NO. E.1 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 24, 2022 AGENDA ITEM: Ordinance designating Sugar Loaf Mountain Nature Preserve, located in the Windsor Hills Magisterial District, to be retained and used for the preservation and provision of open-space land (Tax Map Number 076.01-01-07.00-0000) SUBMITTED BY: Lindsay B. Webb Parks Planning and Development Manager APPROVED BY: Richard L. Caywood County Administrator ISSUE: Ordinance designating Sugar Loaf Mountain Nature Preserve, located in the Windsor Hills Magisterial District, to be retained and used for the preservation and provision of open-space land (Tax Map Number 076.01-01-07.00-0000) BACKGROUND: Roanoke County possesses a parcel of real estate containing approximately 46.31 acres located at 5624 Longridge Drive, more commonly known as Sugar Loaf Mountain Nature Preserve, in the Windsor Hills Magisterial District, and further designated as Roanoke County Tax Map Number 076.01 -01-07.00-0000. Acquired in 1995, the property is forested, steep and undeveloped with a stream that crosses through the northern portion of the property. The property is currently m anaged and maintained as forested open space. County staff are proposing to place the parcel into a Stormwater Forest/Open Space Conservation Easement, as discussed below. DISCUSSION: Virginia Code § 10.1-1701 specifically authorizes the County, as a “public body” defined in Virginia Code § 10.1-1700, to designate any real property in which it has an interest of not less than five years duration to be retained and used for the preservation and provision of open-space land, so long as the use of the real p roperty for open-space Page 2 of 3 land conforms to the official comprehensive plan for the area in which the property is located. The Roanoke County Comprehensive Plan encourages resource protection to preserve open space, stream, woodlands, critical slopes, and ridgelines. Sugar Loaf Mountain Nature Preserve is located within the Windsor Hill Community Planning Area, and it is identified as a key natural resource feature. The Future Land Use Designation for the property is Rural Preserve; however, the Comprehensive Plan Vision Statement recommends it for Conservation due to the steep slopes. The northern portion of the property is zoned R-1 Low Density Residential, and the southern portion of the property is zoned AG-3 Agricultural/Rural Preserve. The property is also adjacent and south of a Wellhead Protection Overlay District. These zoning designations support the preservation of remote rural residential, forested, and recreational areas. The use of Sugar Loaf Mountain Nature Preserve for open-space land conforms to the official comprehensive plan for the area in which the property is located. County staff recommend protecting and preserving Sugarloaf Mountain Nature Preserve by providing for open-space land on the property by restricting the use of the property, as set forth on the attached Deed Restriction. Once the Deed Restriction is recorded, and pursuant to Virginia Code § 10.1-1700, Sugarloaf Mountain Nature Preserve may continue to be used for (i) park or recreational purposes, (ii) conservation of land or other natural resources, (iii) historic or scenic purposes, (iv) assisting in the shaping of the character, direction, and timing of community development, (v) wetlands, or (vi) agricultural and forestal production. The purpose of this request is to provide water quality offsets for regulated land disturbing activities that occur, or will occur, on other lands owned by the County of Roanoke, in order to satisfy water quality requirements of Virginia’s Stormwater Management Regulations. Under these stormwater regulations, the County may utilize offsite stormwater management facilities located on Sugar Loaf Mountain Nature Preserve to meet the required phosphorus nutrient reductions from other off -site land- disturbing activities elsewhere in the County, on Cou nty owned lands. With the development of mountain bike trails, greenways and other recreational park amenities, Parks, Recreation and Tourism needs additional water quality offsets to satisfy water quality requirements. This deed restriction can be transfe rred to another Roanoke County parcel in the future if a change in use for Sugar Loaf Mountain Nature Preserve was needed. The stormwater forest/open space at Sugar Loaf Mountain Nature Preserve will be available for use as soon as the Deed Restriction is recorded amongst the land records. The only change made since the first reading of the ordinance held on May 10, 2022 is a reference to the future ordinance number in the Deed Restriction. Page 3 of 3 FISCAL IMPACT: There are no fiscal impacts. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. West Mudlick Creek SUGARLOAFMOUNTAINMOUNT LAUREL DORSET CAROLYN MIDWAY LONGRIDGE Roanoke County Sugar Loaf Mountain Nature Preserve: Aerial Map ²Date: 4/22/2022 1 inch = 463 feet Intermittent Stream Sugar Loaf Mountain Nature Preserve 0 210 420 630 840105 Feet West Mudlick Creek SUGARLOAFMOUNTAIN BRAHMA WINNBROOK MOUNTLAUREL PELHAM SMOKEYRIDGE CAROLYN ELBERT WHIPPLETREE DORSETLONGRIDGE CASTLEVIEW MIDWAY Sugar Loaf Mountain Nature Preserve: Zoning Map ²Date: 4/19/2022 1 inch = 623 feet AG3 AR R1 R2 Wellhead Protection Overlay Intermittent Stream Sugar Loaf Mountain Nature Preserve 0 280 560 840 1,120140 Feet Back Creek Cave Spring City of Roanoke City of Salem £¤221 UV419 2 1 3 3 3 7 6 4 5 8 Glenvar SUGARLOAF MTN. RD ELECTRIC GRANDIN GRANDIN ROAD ROSELAWN VIEW MUD LICK COLONIAL TWELVE OCLOCK KNOB MT CHESTNUT BOWERBRIDLE KEAGY CHAPARRAL LAKE CANYON GARST MILL CLUB LEVI DEYERLE 2 FORD MERRIMAN CRESTHILL KENWICK CASTLE ROCK CANTER CORDELLPELHAM KENTLAND MCVITTY PENN FOREST BRANDON POWELL CANTLE TITAN MANASSAS WINDSOR LAKELAND AVENEL PENGUIN IVY MOUNTAIN WARWOOD NORTHVIEW HAZEL LEE HI LUWANA BROOKFIELD CYNTHIA LARSON OVERBROOK CHESTERTON BEVERLY STONEY POINT POPLAR HILL POPLAR FAIRWAY FOREST WADE NORWOOD TILLETTCIRCLE GIESER CEDAR BEARING GLEN HEATHER VAUXHALL CAVALIER ETON POFF WALTON LEIGH POAGES MILL SCOTFORD OVERHILL DAVIS OAK CREST CLARA GIRARD BALSAM BRYMOOR DAWN PAR DOVER KELLY BOND GLENMONT DEAN HOMEWOOD VERONA BURNHAM BELLE AIRE RED OAK LILLY HILL JULIET EAGLE BEECHNUT HASTINGS KIPLING MEDMONT BLACKHORSE MEADOW CREEK CLEARVIEW SANDHURST PENNY LYTHAM FORE TALLWOOD CLUB CANTER ÜApril 21, 2022 Windsor Hills Future Land Use - Proposed Conservation - Sugar Loaf Mtn. (WVWA) Sugar Loaf Mountain Nature PreserveNeighborhood ConservationRural PreserveDevelopmentTransitionCore Proposed ConservationProposed TransitionProposed CoreProposed Neighborhood Conservation 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, MAY 24, 2022 ORDINANCE DESIGNATING SUGAR LOAF MOUNTAIN NATURE PRESERVE, LOCATED IN THE WINDSOR HILLS MAGISTERIAL DISTRICT, TO BE RETAINED AND USED FOR THE PRESERVATION AND PROVISION OF OPEN-SPACE LAND (TAX MAP NUMBER: 076.01- 01-07.00-0000) WHEREAS, the County owns a parcel of real estate containing approximately 46.31 acres, more commonly known as Sugar Loaf Mountain Nature Preserve, in the Windsor Hills Magisterial District of Roanoke County, Virginia, and further designated as Roanoke County Tax Map Number 076.01-01-07.00-0000 (the “Property”); and WHEREAS, Virginia Code § 10.1-1701 specifically authorizes the County, as a “public body” defined in Virginia Code § 10.1-1700, to designate any real property in which it has an interest of not less than five years’ duration to be retained and used for the preservation and provision of open-space land, so long as the use of the real property for open-space land conforms to the official comprehensive plan for the area in which the property is located; and WHEREAS, the County intends to protect and preserve, in perpetuity, the entire Property as open-space land, as specifically set forth on the “EXHIBIT SHOWING STORMWATER FOREST/OPEN SPACE CONSERVATION EASEMENT (2,017,263.60 SF) BEING RESERVED BY BOARD OF SUPERVISORS OF ROANOKE COUNTY” dated February 23, 2022, and prepared by the Roanoke County Department of Development Services, which is attached hereto; and WHEREAS, the use of the Property for open-space land conforms to the official comprehensive plan for the area in which the Property is located; and Page 2 of 3 WHEREAS, the County intends to accomplish the protection and preservation of the entire Property, as fully depicted on the attached exhibit, for the purpose of (1) providing water quality offsets for regulated land disturbing activities that occur, or will occur, on other lands owned by the County of Roanoke (in order to satisfy water quality requirements of the State of Virginia Stormwater Management Regulations), and (2) providing for open-space land on the Property by restricting the use of the Property, as hereinafter set forth; and WHEREAS, the County desires to create a public record of the intended formal designation of these enumerated areas by recordation of a deed restriction with the attached exhibit of the Property amongst the official land records maintained by the Clerk of the Circuit Court of Roanoke County, Virginia; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the deed restriction be authorized by ordinance; and WHEREAS, a first reading of this ordinance was held on May 10, 2022 and the second reading was held on May 24, 2022; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Sugar Loaf Mountain Nature Preserve is hereby designated as open- space land, and is to be retained and used for the preservation and provision of open- space land pursuant to Virginia Code § 10.1-1700 et seq. 2. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute the deed restriction, and any other such documents and Page 3 of 3 take such further actions as may be necessary to accomplish this item, all of which shall be on a form approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. Prepared by: Rachel W. Lower Sr. Assistant County Attorney VSB: 88094 Office of the Roanoke County Attorney 5204 Bernard Drive Roanoke, VA 24018 This instrument is exempt from the imposition of recordation taxes and fees pursuant to Virginia Code §§ 58.1-811, 17.1-266, and 17.1-279 Board of Supervisors of Roanoke County, Virginia 5624 Longridge Drive Roanoke, VA 24018 076.01-01-07.00-0000 DEED RESTRICTION THIS DEED RESTRICTION is made this ___ day of ____________, 2022, by the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the “Owner”). WITNESSETH: WHEREAS, the Owner possesses a parcel of real estate containing approximately 46.31 acres, more commonly known as Sugar Loaf Mountain Nature Preserve, in the Windsor Hills Magisterial District of Roanoke County, Virginia, and further designated as Roanoke County Tax Map Number 076.01-01-07.00-0000 (the “Property”); and WHEREAS, Virginia Code § 10.1-1701 specifically authorizes the Owner, as a “public body” defined in Virginia Code § 10.1-1700, to designate any real property in which it has an interest of not less than five years’ duration to be retained and used for the preservation and provision of open-space land, so long as the use of the real property for open-space land conforms to the official comprehensive plan for the area in which the property is located; and WHEREAS, the Owner intends to protect and preserve, in perpetuity, the entire Property as open-space land, as specifically set forth on the “EXHIBIT SHOWING STORMWATER FOREST/OPEN SPACE CONSERVATION EASEMENT (2,017,263.60 SF) BEING RESERVED BY BOARD OF SUPERVISORS OF ROANOKE COUNTY” dated February 23, 2022 and prepared by the Roanoke County Department of Development Services, which is attached hereto and incorporated by reference; and 2 WHEREAS, the use of the Property for open-space land conforms to the official comprehensive plan for the area in which the Property is located; and WHEREAS, the Owner intends to accomplish the protection and preservation of the entire Property, as fully depicted on the attached exhibit, for the purpose of (1) providing water quality offsets for regulated land disturbing activities that occur, or will occur, on other lands owned by the County of Roanoke (in order to satisfy water quality requirements of the State of Virginia Stormwater Management Regulations), and (2) providing for open-space land on the Property by restricting the use of the Property, as hereinafter set forth; and WHEREAS, the Owner desires to create a public record of the intended formal designation of these enumerated areas by recordation of a deed restriction with the attached exhibit of the Property amongst the official land records maintained by the Clerk of the Circuit Court of Roanoke County, Virginia. NOW, THEREFORE, in recognition of the foregoing expressed purposes and in consideration of the public benefit to the citizens of the County of Roanoke, Virginia, which shall result from this public deed restriction, the Owner does hereby designate the Property, as specifically set forth on the attached exhibit, to be retained and used for the preservation and provision of open-space land; and The Owner retains the right to use the Property for those purposes enumerated in Virginia Code § 10.1-1700, including for (i) park or recreational purposes, (ii) conservation of land or other natural resources, (iii) historic or scenic purposes, (iv) assisting in the shaping of the character, direction, and timing of community development, (v) wetlands as defined in Virginia Code § 28.2-1300, or (vi) agricultural and forestal production; and The designations and restrictions contained in this Deed Restriction shall be binding upon the Owner, its successors in interest, and any subsequent purchaser or grantee of this Property; and The designations and restrictions contained in this Deed Restriction shall continue as a servitude running with the Property, and shall be included in any subsequent deed or conveyance of all or any part of the Property; and The Owner reserves the right to amend and rescind the designations and restrictions set forth in this Deed Restriction; and 3 Although it is the Owner’s intention that this Deed Restriction will benefit the public as described above, nothing contained herein shall be construed to convey to the public, or any member thereof, a right of access to or use of the Property without the express written consent of the Owner, and the Owner retains the exclusive right to such access and use, subject to the terms hereof; and This Deed Restriction is executed by Richard L. Caywood, County Administrator, on the ___ day of ____________, 2022, pursuant to the authority granted by the Board of Supervisors of Roanoke County, Virginia by Ordinance #_______________ adopted on the ___ day of ____________, 2022. WITNESS THE FOLLOWING SIGNATURE AND SEAL: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA BY: _______________________________(SEAL) Richard L. Caywood County Administrator Approved as to form: __________________________________ County Attorney COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE, to-wit: The foregoing Deed Restriction was acknowledged before me this ___ day of ______________, 2022, by Richard L. Caywood, County Administrator, on behalf of the Board of Supervisors of the County of Roanoke, Virginia. My Commission expires: __________________ ________________________________________ Notary Public Page 1 of 1 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: May 24, 2022 AGENDA ITEM: Ordinance accepting and appropriating funds in the amount of $250 from Earle and Glenna Mackenzie for the County of Roanoke Fire & Rescue Department SUBMITTED BY: C. Travis Griffith Chief of Fire and Rescue APPROVED BY: Richard L. Caywood County Administrator ISSUE: Acceptance and appropriation of funds in the amount of $250 from Earle and Glenna Mackenzie to be used at Vinton Fire & Rescue Station #2 for EMS equipment. BACKGROUND: Earle and Glenna Mackenzie donated $250 to the County of Roanoke Fire & Rescue Department for rescue equipment at Vinton Station #2. The Mackenzies live in the Vinton area of Roanoke County and made a donation in memory of James Cecil. There have been no changes since the first reading of the ordinance held on May 10, 2022. FISCAL IMPACT: Funds in the amount of $250 received from Earle and Glenna Mackenzie will be allocated to purchase EMS equipment at Vinton Station #2. No match is required. STAFF RECOMMENDATION: Staff recommends approval of the ordinance. 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, MAY 24, 2022 ORDINANCE ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $250 FROM EARLE AND GLENNA MACKENZIE FOR THE COUNTY OF ROANOKE FIRE & RESCUE DEPARTMENT IN MEMORY OF JAMES CECIL WHEREAS, Earle and Glenna Mackenzie, citizens of the Vinton area, donated $250 to the County Fire and Rescue Department in memory of James Cecil; and WHEREAS, the funds received will be allocated to purchase rescue equipment at Vinton Station No. 2; 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 May 10, 2022, and the second reading was held on May 24, 2022. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $250 made available to the Roanoke County Fire & Rescue Department is accepted and appropriated to the general fund. 2. That this ordinance shall take effect from and after the date of adoption. Page 1 of 2 ACTION NO. ITEM NO. F.1 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 24, 2022 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Open district appointments BACKGROUND: 1. Library Board (appointed by District) The following District appointments remain open: Vinton Magisterial District 2. 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. Page 2 of 2 3. 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. 4. Roanoke County Social Services Advisory Board (appointed by District) Kathryn Sowers’ three (3) year term representing the Vinton Magisterial District expired July 31, 2021. Ms. Sowers has served two (2) terms and cannot be reappointed. Catherine Nugent’s three (3) year term representing the Catawba Magisterial District expired July 31, 2021. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24, 2022 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM G - 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 May 24, 2022, designated as Item G - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4 inclusive, as follows: 1. Approval of minutes – February 8, 2022 2. Request to accept and allocate funds in the amount of $2,752.73 to the Clerk of the Circuit Court from the Commonwealth of Virginia 3. Resolution authorizing the execution of a letter of understanding between the Sheriff of Roanoke County and the City of Roanoke for provision of support during certain large-scale public events 4. Confirmation of appointment to the Blue Ridge Behavioral Healthcare Board Page 1 of 2 ACTION NO. ITEM NO. G.2 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 24, 2022 AGENDA ITEM: Request to accept and allocate funds in the amount of $2,752.73 to the Clerk of the Circuit Court from the Commonwealth of Virginia SUBMITTED BY: Jill Camilletti Deputy Clerk IV APPROVED BY: Richard L. Caywood County Administrator ISSUE: Acceptance and allocation of funds in the amount of $2,752.73 to the Clerk of the Circuit Court from the Commonwealth of Virginia. BACKGROUND: The postage allocation represents a request to the Compensation Board to help offset postage costs. DISCUSSION: The funds received from the Commonwealth of Virgi nia have been earmarked for postage needs. FISCAL IMPACT: All funds are provided by the Commonwealth of Virginia. No County matching funds are required. STAFF RECOMMENDATION: Staff recommends accepting and allocating $2,752.73 to the Clerk of the Circ uit Court Page 2 of 2 from the Commonwealth of Virginia. Page 1 of 2 ACTION NO. ITEM NO. G.3 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 24, 2022 AGENDA ITEM: Resolution authorizing the execution of a letter of understanding between the Sheriff of Roanoke County and the City of Roanoke for provision of support during certain large-scale public events SUBMITTED BY: Eric Orange Sheriff APPROVED BY: Richard L. Caywood County Administrator ISSUE: Authorize a letter of understanding between Roanoke County Sheriff’s Office (RCSO) and Roanoke City Police Department (RPD) to provide support during large scale events. BACKGROUND: RPD has expressed a desire to seek the assistance/support of the RCSO, when staffing large scale events. Events would include, but are not limited to the Blue Ridge Marathon, Iron Man, etc. In an effort to assist a neighboring jurisdiction while also providing additional opportunities for RCSO staff, the Sheriff requests approval of a resolution authorizing a letter of understanding for said purpose. The RCSO currently operates under numerous memorandum of understanding and letters of understanding with other entities. However, one does not currently exist between the RPD and RCSO and requires Board approval. FISCAL IMPACT: There would be little to no fiscal impact as most applications of this letter of understanding, would be for the purpose of staffing events paid for by the event Page 2 of 2 coordinators or requesting jurisdiction. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution. 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, MAY 24, 2022 RESOLUTION AUTHORIZING THE EXECUTION OF A LETTER OF UNDERSTANDING BETWEEN THE SHERIFF OF ROANOKE COUNTY, AND THE CITY OF ROANOKE FOR PROVISION OF SUPPORT DURING CERTAIN LARGE-SCALE PUBLIC EVENTS WHEREAS, the Police Department for the City of Roanoke (“City”) has requested that the Roanoke County Sheriff’s Office (“Sheriff”) provide personnel resources for large- scale sporting events and in other times of public safety emergencies when the City may need additional resources; and WHEREAS, the Sheriff has expressed a willingness to provide personnel resources in the interests of regional public safety collaboration so long as the Sheriff has sufficient resources to carry out the primary duties of the constitutional office of the Sheriff ; and WHEREAS, the parties desire to memorialize the obligations of each party to the Agreement; and WHEREAS, all parties wish for this Letter of Agreement to become effective immediately upon approval by the governing bodies of each locality; and WHEREAS, Roanoke County, the Sheriff, and the City have agreed to a Letter of Agreement, and the Board of Supervisors authorizes the County Administrator to execute the same, with an effective date of May 24, 2022. Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS, AS FOLLOWS: 1. The Letter of Agreement is hereby approved in a form substantially similar to the one presented to the Board of Supervisors and approved by the County Attorney. 2. The County Administrator is hereby authorized, for and on behalf of the County, to execute and then deliver the Letter of Agreement and any other necessary documents in furtherance of the same. LETTER OF UNDERSTANDING (Roanoke Police Department & Roanoke County Sheriff’s Office) This Letter of Understanding is established on this date between the Roanoke Police Department, hereinafter referred to as RPD, and the Roanoke County Sheriff’s Office, hereinafter referred to as RCSO, to wit: WHEREAS, both agencies are local elements of the criminal justice system of the Commonwealth of Virginia, authorized and duly established. The establishment, organization and authority of RPD are set forth by the Code of Virginia and the Code of the City of Roanoke. The office and function of RCSO are established by the Virginia Constitution and the Code of Virginia; WHEREAS, both agencies participate in national accreditation programs, which require maintaining strict performance standards in order to provide the best possible service to the citizens of the Roanoke Valley. RPD maintains accredited status through the Commission on Accreditation for Law Enforcement Agencies (CALEA). RCSO maintains accredited status through the American Correctional Association (ACA) and the Virginia Law Enforcement Professional Standards Commission (VLEPSC); WHEREAS, both agencies have faithfully served the citizens of the City of Roanoke and the County of Roanoke respectively with regards to the needs of public safety and the fulfillment of all tasks pertinent to the administration of justice; 1. Be it recognized and accepted and understood, for the good of the citizens of the City of Roanoke and Roanoke County: In the event of civil unrest, disorder, massive labor strike or other unusual occurrence, to include natural or man-made disasters, or large scale sporting events requiring significant additional manpower requirements, members of the Sheriff’s Office, upon request of the Chief of RPD or his/her designee and subject to approval of Sheriff or his designee, will be made available to respond to assist RPD in any appropriate capacity. Assistance to be provided by Sheriff under this Agreement is subject to availability of resources. 2. This agreement shall be reviewed on an annual basis following initial promulgation of said agreement. Annual review of this agreement will be conducted by the executive officers of RPD and RCSO or their designees. 3. RPD will reimburse RCSO for any direct costs reasonably incurred in the provision of support services associated with this Agreement. 4. The content of this agreement is subject to revision for just cause or necessity based upon the agreement of all parties concerned. Executed this ______ day of ___________________, 2022, by the following officials: ____________________________________ ____________________________________ Joseph E. Orange Samuel Roman, Jr. Roanoke County Sheriff City of Roanoke Chief of Police BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By__________________________________ Richard L. Caywood, P.E. County Administrator Page 1 of 1 ACTION NO. ITEM NO. G.4 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 24, 2022 AGENDA ITEM: Confirmation of appointment to the Blue Ridge Behavioral Healthcare Board of Directors SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Confirmation of appointment. BACKGROUND: Blue Ridge Behavioral Healthcare Board of Directors (at Large): Shannon Brabham is no longer an employee of Roanoke County. Her unexpired term on the Blue Ridge Behavioral Healthcare Board of Directors will expire December 31, 2024. Staff recommends Susan Goad, Director of Social Services be appointed to fill this unexpired appointment. STAFF RECOMMENDATION: Staff recommends confirmation of this appointment. Capital Unappropriated  % of Board Expenditure Balance Revenues Contingency Contingency Reserves Audited balance as of June 30, 2021 23,632,859$      ‐$                       250,000$           2,511,151$          Addition of 2020‐21 operations and close out of completed projects 27,056                   Approved Sources: Appropriated from 2021‐22 budget (Ordinance 051121‐5) 491,803             50,000                   252,597               Allocated from year end designations‐December 14, 2021 7,910,896             Approved Uses:   Appropriated for 2021‐22 budget (Ordinance 051121‐6)(2,525,167)            Balance at May 24, 2022 24,124,662$     12.3% 50,000$                 502,597$           7,923,936$          County of Roanoke Unappropriated Balance, Board Contingency, and Capital Reserves Fiscal Year 2021‐2022 General Government Changes in outstanding debt for the fiscal year to date were as follows: Audited Outstanding Outstanding June 30, 2021 Additions Deletions May 24, 2022 VPSA School Bonds 74,515,490$ 19,910,000$ 8,552,438$ 85,873,052$ Lease Revenue Bonds 77,530,000 - 3,630,000 73,900,000 Subtotal 152,045,490 19,910,000 12,182,438 159,773,052 Premiums 10,777,149 2,543,232 - 13,320,381 162,822,639$ 22,453,232$ 12,182,438$ 173,093,433$ 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 $99,111,227 $50,908,724 51.37%$102,084,564 $52,600,487 51.53%$1,691,764 3.22% Personal Property Taxes 32,741,250 2,766,411 8.45%33,500,000 2,721,805 8.12%(44,606)-1.64% Public Service Corp Base 3,710,928 3,727,419 100.44%3,710,928 3,858,439 103.98%131,021 3.40% Penalties & Interest on Property Taxes 575,000 649,288 112.92%529,072 723,097 136.67%73,809 10.21% Payment In Lieu Of Taxes 180,000 182,347 101.30%180,000 92,291 51.27%(90,056)-97.58% Total General Property Taxes 136,318,405 58,234,189 42.72%140,004,564 59,996,120 42.85%1,761,931 2.94% Communication Taxes 3,000,000 2,236,955 74.57%2,900,000 2,106,797 72.65%(130,158)-6.18% Local Sales Tax 11,246,475 9,575,924 85.15%12,200,000 10,459,410 85.73%883,486 8.45% Consumer Utility Tax 3,610,000 2,843,357 78.76%3,650,000 2,845,336 77.95%1,978 0.07% Business License Tax 5,920,000 6,814,077 115.10%6,364,000 7,354,508 115.56%540,431 7.35% Franchise Tax 635,000 0 0.00%660,000 9,365 1.42%9,365 100.00% Motor Vehicle License Fees 2,383,600 539,413 22.63%2,400,000 489,584 20.40%(49,829)-10.18% Taxes On Recordation & Wills 1,209,509 1,362,199 112.62%1,400,000 1,262,112 90.15%(100,087)-7.93% Utility License Tax 650,000 472,538 72.70%725,000 387,694 53.48%(84,843)-21.88% Hotel & Motel Room Taxes 734,179 727,366 99.07%807,597 1,178,129 145.88%450,764 38.26% Taxes - Prepared Foods 3,882,500 3,241,597 83.49%4,270,750 3,839,601 89.90%598,004 15.57% Other Taxes 13,762 23,678 172.05%275,000 524,437 190.70%500,760 95.49% Total Other Local Taxes 33,285,025 27,837,103 83.63%35,652,347 30,456,974 85.43%2,619,872 8.60% Animal Control Fees 42,500 44,526 104.77%42,500 40,620 95.58%(3,906)-9.62% Land and Building Fees 15,850 13,968 88.13%15,850 75,634 477.18%61,666 81.53% Permits 486,685 552,958 113.62%549,840 524,633 95.42%(28,325)-5.40% Fees 64,600 61,118 94.61%64,600 66,540 103.00%5,422 8.15% Clerk of Court Fees 167,000 98,788 59.15%127,000 113,707 89.53%14,919 13.12% Photocopy Charges 210 122 58.10%210 0 0.00%(122)0.00% Total Permits, Fees and Licenses 776,845 771,480 99.31%800,000 821,134 102.64%49,654 6.05% Fines and Forfeitures 353,500 320,044 90.54%353,500 367,903 104.07%47,859 13.01% Total Fines and Forfeitures 353,500 320,044 90.54%353,500 367,903 104.07%47,859 13.01% Revenues from Use of Money 125,000 40,698 32.56%125,000 26,626 21.30%(14,071)-52.85% Revenues From Use of Property 178,200 148,544 83.36%178,200 160,227 89.91%11,683 7.29% COUNTY OF ROANOKE Comparative Statement of Budgeted and Actual Revenues General Fund - C100 For the Ten Months Ending Saturday, April 30, 2022 Prior Year Current Year Variances Revenues Revenues Budget Revenues % of Budget Budget Revenues % of Budget Actuals % of Variance Prior Year Current Year Variances Total Use of Money and Property 303,200 189,241 62.41%303,200 186,853 61.63%(2,388)-1.28% Charges for Services 3,750,075 2,881,216 76.83%3,773,400 2,862,104 75.85%(19,112)-0.67% Charges for Public Services 70,000 10,545 15.06%70,000 200 0.29%(10,345)-5172.50% Education Aid-State 0 0 0.00%0 0 0.00%0 0.00% Total Charges for Services 3,820,075 2,891,761 75.70%3,843,400 2,862,304 74.47%(29,457)-1.03% Reimb-Shared Programs Salem 759,934 563,243 74.12%771,464 535,600 69.43%(27,643)-5.16% Miscellaneous Revenue 295,536 216,827 73.37%317,302 292,994 92.34%76,167 26.00% Recovered Costs 894,558 400,858 44.81%875,000 431,995 49.37%31,138 7.21% Total Miscellaneous 1,950,028 1,180,928 60.56%1,963,766 1,260,590 64.19%79,662 6.32% Non-Categorical Aid 402,000 1,085,049 269.91%402,000 1,045,614 260.10%(39,435)-3.77% Shared Expenses 5,306,960 3,999,853 75.37%5,523,431 4,377,270 79.25%377,418 8.62% Welfare & Social Services-Categorical 4,448,865 2,851,864 64.10%4,448,865 2,923,357 65.71%71,493 2.45% Other State Categorical Aid 2,195,683 1,726,037 78.61%2,320,569 1,680,477 72.42%(45,560)-2.71% Welfare & Social Services 5,120,500 4,314,992 84.27%5,495,953 4,342,099 79.01%27,107 0.62% Education Aid-Federal 0 0 0.00%0 0 0.00%0 0.00% Other Categorical Aid 4,500 0 0.00%0 0 0.00%0 0.00% Total State and Federal Revenue 17,478,508 13,977,795 79.97%18,190,818 14,368,818 78.99%391,023 2.72% Other Financing Sources 27,696,091 0 0.00%38,711,874 0 0.00%0 0.00% Total Other Financing Sources 27,696,091 0 0.00%38,711,874 0 0.00%0 0.00% Transfers 0 0 0.00%0 0 0.00%0 0.00% Total Transfers 0 0 0.00%0 0 0.00%0 0.00% Grand Totals 221,981,677 105,402,541 47.48%239,823,468 110,320,697 46.00%4,918,156 4.46% Expenditures Exp & Encum Expenditures Exp & Encum % of Budget & Encumbrances % of Budget Budget & Encumbrances % of Budget Actuals Variance Legislative 327,806 261,516 79.78%331,603 320,792 96.74%83,197 25.93% General & Financial Administration 7,628,587 5,867,430 76.91%7,904,251 6,307,509 79.80%405,260 6.50% Electoral Board & Officials 452,682 532,485 117.63%471,516 485,052 102.87%(60,459)-12.47% General Government Administration 8,409,075 6,661,431 79.22%8,707,370 7,113,354 81.69%427,997 6.08% Courts 1,604,459 1,124,669 70.10%1,650,781 1,153,537 69.88%29,094 2.52% Other Judicial Support 1,236,624 1,096,143 88.64%1,344,243 1,186,041 88.23%98,598 8.31% Judicial 2,841,083 2,220,812 78.17%2,995,024 2,339,578 78.12%127,692 5.46% Law Enforcement & Traffic Cont 12,488,747 10,198,522 81.66%14,991,033 12,494,914 83.35%2,277,664 18.38% Fire and Rescue 14,691,003 12,291,997 83.67%17,360,251 14,936,649 86.04%2,687,389 18.02% Correction & Detention 8,453,346 6,414,203 75.88%9,679,077 7,408,539 76.54%974,172 13.21% Animal Control 946,893 713,436 75.34%837,711 688,546 82.19%(24,890)-3.61% Public Safety 36,579,989 29,618,158 80.97%42,868,072 35,528,648 82.88%5,914,335 16.72% General Services Administration 832,716 582,361 69.94%797,665 933,041 116.97%349,620 37.52% Refuse Disposal 5,085,971 4,191,488 82.41%5,441,462 4,196,570 77.12%(10,454)-0.25% Maint Buildings & Grounds 4,935,697 3,826,957 77.54%5,049,229 4,338,620 85.93%473,320 11.04% Engineering 1,811,009 1,462,363 80.75%1,664,905 1,555,970 93.46%95,155 6.18% Inspections 1,151,878 1,001,840 86.97%1,569,358 1,004,452 64.00%2,611 0.26% Garage Complex 0 0 0.00%0 0 0.00%0 0.00% Public Works 13,817,271 11,065,010 80.08%14,522,619 12,028,653 82.83%910,252 7.62% Mental Health 0 0 0.00%0 0 0.00%0 0.00% Public Health 515,902 505,121 97.91%515,902 551,601 106.92%46,480 8.43% Social Services Administration 8,392,331 6,312,802 75.22%8,818,788 6,885,279 78.08%576,147 8.37% Comprehensive Services Act 0 0 0.00%0 0 0.00%0 0.00% Public Assistance 4,743,662 4,056,359 85.51%4,918,666 3,786,972 76.99%(269,387)-7.11% Social Services Organizations 0 0 0.00%0 0 0.00%0 0.00% Health and Welfare 13,651,895 10,874,282 79.65%14,253,356 11,223,852 78.75%353,239 3.15% Parks & Recreation 2,674,080 1,857,955 69.48%2,390,260 1,747,788 73.12%(99,868)-5.72% COUNTY OF ROANOKE Comparative Statement of Budgeted and Actual Expenditures and Encumbrances General Fund - C100 For the Ten Months Ending Saturday, April 30, 2022 Prior Year Current Year Variances Expenditures Exp & Encum Expenditures Exp & Encum % of Budget & Encumbrances % of Budget Budget & Encumbrances % of Budget Actuals Variance Prior Year Current Year Variances Library 4,244,865 2,998,209 70.63%4,356,057 3,279,062 75.28%273,593 8.37% Cultural Enrichment 0 0 0.00%0 0 0.00%0 0.00% Parks, Recreation & Cultural 6,918,945 4,856,164 70.19%6,746,317 5,026,850 74.51%173,724 3.46% Planning & Zoning 1,246,237 972,333 78.02%1,304,878 978,856 75.02%(6,477)-0.67% Cooperative Extension Program 87,097 45,309 52.02%87,097 25,009 28.71%(20,300)-81.17% Economic Development 763,591 654,130 85.66%529,257 415,120 78.43%(253,772)-63.39% Contribution to Human Service Organizations 0 0 0.00%0 0 0.00%0 0.00% Planning 2,096,925 1,671,772 79.72%1,921,232 1,418,985 73.86%(280,548)-20.17% Employee Benefits 3,929,685 2,614,334 66.53%3,368,937 3,140,121 93.21%525,786 16.88% Dixie Caverns Landfill Cleanup 52,000 64,091 123.25%52,000 21,770 41.86%(42,322)-194.41% Miscellaneous 8,265,745 7,239,371 87.58%10,844,343 8,196,038 75.58%1,035,282 12.63% Tax Relief/Elderly & Handicapp 1,035,000 648,289 62.64%1,110,000 728,560 65.64%80,271 11.02% Refuse Credit Vinton 110,000 110,000 100.00%110,000 110,000 100.00%0 0.00% Board Contingency 23,932,859 0 0.00%24,677,259 0 0.00%0 0.00% Unappropriated Balance 0 0 0.00%0 0 0.00%0 0.00% Non-Departmental 37,325,289 10,676,085 28.60%40,162,539 12,196,488 30.37%1,599,017 13.14% Interfund Transfers Out 95,677,869 74,308,264 77.67%101,497,037 88,906,537 87.60%14,598,273 16.42% Intrafund Transfers Out 4,663,337 4,263,594 91.43%6,149,901 5,732,471 93.21%1,468,877 25.62% Transfers Out 100,341,206 78,571,858 78.30%107,646,938 94,639,008 87.92%16,067,150 16.98% Grand Totals 221,981,678 156,215,572 70.37%239,823,467 181,515,416 75.69%25,292,861 13.96% 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: May 24, 2022 AGENDA ITEM: Accounts Paid – April 2022 SUBMITTED BY: Laurie L. Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors -$ -$ 10,100,202.01$ Payroll 04/01/22 1,609,021.99 10,146.34 1,619,168.33 Payroll 04/15/22 1,502,178.18 21,717.94 1,523,896.12 Payroll 04/29/22 1,825,324.06 12,058.90 1,837,382.96 Manual Checks - 887.72 887.72 Grand Total 15,081,537.14$ A detailed listing of the payments to vendors is on file with the Clerk to the Board of Supervisors. Page 1 of 1 ACTION NO. ITEM NO. J.1 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 24, 2022 AGENDA ITEM: Work session to discuss broadband with the Board of Supervisors SUBMITTED BY: Bill Hunter Director of Communications and Technology APPROVED BY: Richard L. Caywood County Administrator ISSUE: This time has been set aside to discuss broadband with the Board of Supervisors. Rural Broadband Update Bill Hunter, Director of Communications and Information Technology 1 Agenda •Update on Current Broadband Projects •VATI 2022 Projects •Possible Project Additions •Line Extension Customer Assistance Program •VATI 2023 Timeline •Future Plans •Questions/Comments 2 Current Broadband Projects Project Status Bradshaw Road –131 Passings Underground work completed Bent Mountain –109 Passings Construction underway Starlight Lane –55 Passings Design work complete Cove Hollow Road –32 Passings Design work complete Timberview Road –33 Passings Near project completion Update on Current Broadband Projects 3 VATI 2022 Projects (Total Investment $7.75 million) Funded Broadband Projects Project Status Funding VATI Vendor County B2X On-Line –311 Passings Contract submitted to DHCD $170,609 $81,000 $96,572 Craig Botetourt Electric Cooperative –495 Passings Contract submitted to DHCD $1,581,584 $839,208 Cox Communications –396 Passings Contract submitted to DHCD $1,535,264 $814,629 Shentel (Glo Fiber) –177 Passings Contract submitted to DHCD $490,000 $260,000 Franklin County Joint Project –23 Passings Contract submitted to DHCD $0 $0 $40,000 Total Funding 4 Possible Project Additions Known addresses and estimated costs: 5 Cox Communications Estimated Cost Comcast/Xfinity Estimated Cost Split Oak Road-1 passing $3,816 Daugherty Road-1 passing $11,532 Buck Mountain Road-1 passing $37,000 Rob Knob Road-1 passing $9,000 Rutrough Road-1 passing $21,054 Allie Lane-1 passing $10,000 Poage Valley Road-1 passing $9,209 Possible Project Additions -Continued “We can take a look at those addresses and I can discuss this with my board.In other words,we are interested and will evaluated this being a potential project.”-CEO of CBEC 6 Craig Botetourt Electric Cooperative (CBEC) 8 known addresses on Blacksburg Road/Catawba Highway Unknown number of addresses from Catawba Mountain and the Craig County Line Additional AEP Customers at the beginning of both Blacksburg & Newport Roads –number to be determined Line Extension Customer Assistance Program (LECAP) For a subset of Virginians,broadband connections are not attainable because their home exceeds an internet service provider’s standard connection drop length from a roadway or easement containing telecommunications infrastructure.The cost incurred by home owners to extend broadband infrastructure to these locations,referred to as special construction costs,range from a few hundred to a few thousand dollars,depending on the distance and cost to connect the location. Two ways to qualify: 1.Income less than $89,066 or below 120% of the Area Median Income 2.Households above $133,599 are not eligible to participate in LECAP 7 8 VATI 2023 Timeline Notice of Applications Due 2022 VATI Submission due Challenges due Anticipated Announcements July 7, 2022 August 25, 2022 October 6, 2022 Late December 2022 Future Plans •Professional Survey to determine remaining needs •Recommended at completion of all current projects •Develop a Strategic Plan based on the survey results to extend services to the discovered areas •Cox Communications has a 5 year plan to overbuild the current service area with fiber optics. This technology could offer service to homes that are “out-of-reach” with current technology 9 Questions/Comments 10 Page 1 of 2 ACTION NO. ITEM NO. K.1 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 24, 2022 AGENDA ITEM: The petition of Chyrel Gregorieff to obtain a special use permit to operate a short-term rental on approximately 0.5 acre, on property zoned R-1, Low Density Residential District, located at 4309 Cresthill Drive, Windsor Hills Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Agenda item for public hearing and second reading of ordinance for a special use permit for a short-term rental in a residential district. BACKGROUND: · The Roanoke County Zoning Ordinance defines a short-term rental as “the provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy. This use does not include existing uses defined in this ordinance including bed and breakfast, bed and breakfast inn, boarding house, country inn, and hotel/motel/motor lodge.” · A short-term rental has several use and design standards. In the R -1 and R-2 zoning districts, a special use permit is required for a short-term rental on lots less than five (5) acres in size. DISCUSSION: The Planning Commission held a public hearing on this application on May 3, 2022. One (1) citizen spoke during the public hearing. Concerns raised included the guest Page 2 of 2 parking space being located near an existing bedroom and guests causing noise when they leave early in the morning or late at night; and impact to property values. The Commissioners asked the applicant several questions and she provided the following information: the applicant only allows one car/parking space and does not allow renters to park on the street due to safety concerns; the short-term rental is only for the basement apartment space; the applicant lives upstairs; the applicant prefers short-term rental over long-term rental as it gives her more control and causes less damage; and the applicant stated that she will be adding language to her rental agreement to address noise associated with parking. The Planning Commission recommends approval of the special use permit with one condition: 1. The short-term rental shall be limited to the basement apartment of the existing residential dwelling, which is approximately 1,300 square feet in size. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the second reading of an ordinance for a special use permit to operate a short -term rental on approximately 0.50 acre on property zoned R-1, Low Density Residential District, with one condition: 1. The short-term rental shall be limited to the basement apartment of the existing residential dwelling, which is approximately 1,300 square feet in size. STAFF REPORT Petitioner: Chyrel Gregorieff Request: Obtain a special use permit to operate a short-term rental on approximately 0.5 acre on property zoned R-1, Low Density Residential District. EXECUTIVE SUMMARY: Chyrel Gregorieff is petitioning to obtain a special use permit to operate a short-term rental on approximately 0.5 acre on property zoned R-1, Low Density Residential District, located on 4309 Cresthill Drive, Windsor Hills Magisterial District. The short-term rental is proposed for the basement apartment approximately 1,300 square feet in size. The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel is Neighborhood Conservation. Neighborhood Conservation is a future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. The proposed special use permit is consistent with the Neighborhood Conservation future land use designation. 1. APPLICABLE REGULATIONS The Roanoke County Zoning Ordinance defines a short-term rental as “the provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy. This use does not include existing uses defined in this ordinance including bed and breakfast, bed and breakfast inn, boarding house, country inn, and hotel/motel/motor lodge.” Section 30-85-24.55 of the Roanoke County Zoning Ordinance contains the following use and design standards for short-term rentals: (A) General Standards: 1. The applicant shall obtain a zoning permit prior to the occupation of a room or dwelling for short- term rental. The zoning permit application shall include, but not be limited to, the following information: a. All relevant parcel information including tax map number, zoning district, address, and magisterial district. b. The applicant’s name, address, and personal contact information. c. The name, address, and personal contact information of the authorized party responsible for resolving complaints, if different from the applicant. 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 around 1961. west to east. The eastern and northern portion of the property are bordered by large deciduous trees. family residences. At the entrance of Cresthill Drive off of Garst Mill Road, there are apartment complexes to the east and west of Cresthill Drive. These properties are zoned R-3, Medium Density Multi-Family Residential, and R-4, High Density Multi-Family Residential. These properties are approximately 0.2 mile to the east of the subject parcel. The residence is approximately 65 yards to the west of Mudlick Creek and 90 yards to the west of Garst Mill park Greenway. 3.ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture – There are no proposed changes to the site. The proposed short-term rental would be located in the basement apartment approximately 1,300 square feet in size. Cresthill Drive, which is a state maintained road. There is one designated parking spot for the short-term rental guests. Adjoining Properties – Approximately 15 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 for how to submit comments. To date, no comments have been received from adjoining property owners. Agencies Comments: The following agencies provided comments on this application: Office of Building Safety – No comments. Economic Development - Economic Development supports the special use permit request by Chyrel Gregorieff in the Windsor Hills Magisterial District due to the project providing an increased diversity of accommodations for visitors to the community. Demand in the short-term rental market is growing, and the availability of a diverse mix of rental options adds to the County's quality of place narrative. Fire and Rescue – Fire and Rescue does not object to this project and it will not increase the services provided. General Services – No issues are foreseen related to this project. Roanoke County Stormwater – There are no floodplain concerns related to this project. Roanoke County Comm-IT – No objections to the rezoning request. VDOT – It appears from the information provided that granting special use for a short-term rental / AirBnB 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. Roanoke County Transportation – No comments. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel is Neighborhood Conservation. Neighborhood Conservation is a future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. The proposed special use permit is consistent with the Neighborhood Conservation future land use designation. 5. STAFF CONCLUSIONS Chyrel Gregorieff is petitioning to obtain a special use permit to operate a short-term rental on approximately 0.5 acre on property zoned R-1, Low Density Residential District, located on 4309 Cresthill Drive, Windsor Hills Magisterial District. The short-term rental is proposed for the basement apartment approximately 1,300 square feet in size. The 2005 Roanoke County Comprehensive Plan indicates the Future Land Use Designation of this parcel is Neighborhood Conservation. Neighborhood Conservation is a future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. The proposed special use permit is consistent with the Neighborhood Conservation future land use designation. CASE NUMBER: # 6-5/2022 PREPARED BY: Alyssa Dunbar HEARING DATES: PC: May 3, 2022 BOS: May 24, 2022 ATTACHMENTS: Application Materials Maps (Aerial, Zoning, Future Land Use) Photographs R-1 District Regulations Neighborhood Conservation Land Use Designation So urc e: Esri, Maxar, Geo Eye, Earthstar Geo graphic s, CNES/Airbus DS, USDA, USGS,Aero GRID, IGN, and the GIS User Co mmunity, Ro ano ke Co unty, Va 2022, Ro ano keCo unty Ro ano ke Co unty, Virginia2019 0 Aerial Map Chyrel Gregorieff 4309 Cresthill Dr Roanoke, VA 24018 Tax Map: 076.12-02-67.00-0000 Lot Size: 0.5 Acres Existing Zoning: R-1 Proposed Zoning: R-1S SUP for Short-term Rental Magisterial District: Windsor Hills Subject Site Roanoke Co. Planning (540)772-2068 5204 Bernard Dr. Roanoke VA 24018 R1R1 Roanoke County, Virginia 2019 Roanoke County, Virginia2019 0 Zoning R1 Zoning Map Chyrel Gregorieff 4309 Cresthill Dr Roanoke, VA 24018 Tax Map: 076.12-02-67.00-0000 Lot Size: 0.5 Acres Existing Zoning: R-1 Proposed Zoning: R-1S SUP for Short-term Rental Magisterial District: Windsor Hills Subject Site Roanoke Co. Planning (540)772-2068 5204 Bernard Dr. Roanoke VA 24018 NCNC Roanoke Cou nty, Virginia 2019 Roanoke Cou nty, Virginia2019 0 Future Land Use Neighborhood Conservation Future Land Use Map Chyrel Gregorieff 4309 Cresthill Dr Roanoke, VA 24018 Tax Map: 076.12-02-67.00-0000 Lot Size: 0.5 Acres Existing Zoning: R-1 Proposed Zoning: R-1S SUP for Short-term Rental Magisterial District: Windsor Hills Subject Site Roanoke Co. Planning (540)772-2068 5204 Bernard Dr. Roanoke VA 24018 3/30/22, 7:55 AM Roanoke County, VA Code of Ordinances 1/4 (A) (A) 1. 2. SEC. 30-41. - R-1 LOW DENSITY RESIDENTIAL DISTRICT. Sec. 30-41-1. - Purpose. 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. 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. Agricultural and Forestry Uses Stable, Private* 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 * 3/30/22, 7:55 AM Roanoke County, VA Code of Ordinances 2/4 3. 4. 5. (B) 1. 2. 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) * Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Utility Services, Minor Commercial Uses Bed and Breakfast * Short-Term Rental * Miscellaneous Uses Amateur Radio Tower * Wind Energy System, Small* 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. Residential Uses Alternative Discharging Sewage System * Civic Uses Cemetery * Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Religious Assembly * 3/30/22, 7:55 AM Roanoke County, VA Code of Ordinances 3/4 3. 4. (A) 1. a. b. 2. a. b. 3. a. b. (B) 1. a. b. 2. a. b. 3. Utility Services, Major * Commercial Uses Golf Course * 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. Minimum lot requirements. All lots served by private well and sewage disposal systems: Area: 0.75 acre (32,670 square feet). Frontage: 90 feet on a publicly owned and maintained street. Lots served by either public sewer or water: Area: 20,000 square feet. Frontage: 75 feet on a publicly owned and maintained street. All lots served by both public sewer and water: Area: 7,200 square feet. Frontage: 60 feet on a publicly owned and maintained street. Minimum setback requirements. Front yard: Principal structures: 30 feet. Accessory structures: Behind the front building line. Side yard: Principal structures: 10 feet. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. Rear yard: 3/30/22, 7:55 AM Roanoke County, VA Code of Ordinances 4/4 a. b. 4. (C) 1. a. b. (D) 1. 2. Principal structures: 25 feet. Accessory structures: 3 feet. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. Maximum height of structures. Height limitations: Principal structures: 45 feet. Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures. Maximum coverage. Building coverage: 35 percent of the total lot area for all buildings and 7 percent for accessory buildings. Lot coverage: 50 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 42694-12, § 8, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 111213-15 , § 1, 11-12-13) Neighborhood Conservation: A future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. Land Use Types: Single-Family Residential - Attached and detached housing at a reasonable density that is not significantly higher than the existing neighborhood. Infill lots or community re-development should be designed to be sensitive to the surrounding neighborhood but can be at reasonably higher density. New single-family residential developments should incorporate greenways and bike and pedestrian trails. Cluster developments are encouraged. Neighborhood Institutional Centers - Uses that serve the neighborhood residents including parks, schools, religious assembly facilities, recreational and park facilities, community meeting areas and clubs. These facilities should be linked to the residential areas by greenways, bike trails and pedestrian paths. Neighborhood Commercial - Low impact services to serve the local neighborhood that are consistent with the Community Plan design guidelines. Land Use Determinants: EXISTING LAND USE PATTERN - Locations where limited density residential subdivisions have been platted and developed. EXISTING ZONING - Locations where limited density residential zoning has been established. EXPANSION AREAS - Locations where the expansion of the existing development pattern is logical. INFILL DEVELOPMENT - Locations where infill areas complement the surrounding development pattern. ACCESS - Locations served by a local street system. URBAN SECTOR - Locations served by urban services. Chyrel Gregorieff Special Use Permit for a Short-term Rental Board of Supervisors Public Hearing May 24, 2022 Location Map2 Project Site •4309 Cresthill Drive •0.50 Acre •Single Family Home •Short-term Rental 3 Photographs4 5 Photographs Photographs6 Photographs7 Photographs8 9 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.” 10 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. 11 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. 12 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 13 Surrounding Zoning •North –R-1 •East –R-1 •West –R-1 •South –R-1 Future Land Use14 Neighborhood Conservation •Established Single-Family Residential neighborhoods are delineated and the conservation of the existing development pattern is encouraged. Planning Commission Public Hearing –May 3, 2022 •One (1) citizen spoke during the public hearing •Concerns raised included the guest parking space being located near an existing bedroom and quests causing noise when they leave early in the morning or late at night, and impact to property values. 15 Planning Commission •The Commissioners asked the applicant several questions and the following information was provided: •The applicant only allows one car/parking space and does not allow renters to park on the street due to safety concerns •The short-term rental is only for the basement apartment space •The applicant lives upstairs •The applicant prefers short-term rental over long-term rental as it gives her more control and causes less damage •The applicant stated that she will be adding language to her rental agreement to address noise associated with parking 16 Planning Commission Planning Commission recommends approval of the special use permit for a short-term rental with one condition: •The short-term rental shall be limited to the basement apartment approximately 1,300 square feet in size in the existing residential dwelling. 17 Questions? 18 ROANOKE COUNTY OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800 Roanoke, Virginia 24018-0798 TEL: (540) 772-2071 FAX: (540) 772-2089 Peter S. Lubeck COUNTY ATTORNEY Mary Beth Nash Rachel W. Lower Marta J. Anderson SENIOR ASSISTANT COUNTY ATTORNEYS SAMPLE MOTIONS The petition of Chyrel Gregorieff to obtain a special use permit to operate a short -term rental on approximately 0.5 acre on property zoned R-1, Low Density Residential District, located at 4309 Cresthill Drive in the 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 short-term rental shall be limited to the basement apartment of the existing residential dwelling, which is approximately 1,300 square-feet in size. 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, MAY 24, 2022 ORDINANCE GRANTING A SPECIAL USE PERMIT TO CHYREL GREGORIEFF TO OPERATE A SHORT-TERM RENTAL ON APPROXIMATELY 0.5 ACRE ON PROPERTY ZONED R-1 (LOW DENSITY RESIDENTIAL) DISTRICT, LOCATED AT 4309 CRESTHILL DRIVE (TAX MAP NO: 076.12-02-67.00-0000), IN THE WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Chyrel Gregorieff has filed a petition for a special use permit to operate a short-term rental on property zoned R-1 (Low Density Residential) District containing approximately 0.5 acre, located at 4309 Cresthill Drive, in the Windsor Hills Magisterial District; and WHEREAS, the first reading of this ordinance was held on April 26, 2022, and the second reading and public hearing were held on May 24, 2022; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 3, 2022; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition, with one condition; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board finds that the proposed special use meets the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special use conforms with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance. Page 2 of 2 2. The Board further finds that the proposed special use is in conformance with the Roanoke County Comprehensive Plan, and will have a minimum adverse impact on the surrounding neighborhood and community. 3. The special use permit is hereby approved, with the following condition: a. The short-term rental shall be limited to the basement apartment of the existing residential dwelling, which is approximately 1,300 square feet in size. 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. K.2 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 24, 2022 AGENDA ITEM: The petition of Om Shree Hospitality, LLC to obtain a special use permit to allow a multi-family use to account for more than 50 percent of the gross floor area on the site of approximately 9.99 acres zoned C-2, High Intensity Commercial District, located near the 2700 block of Wildwood Road and the 1700 block of Skyview Road, Catawba Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Agenda item for public hearing and second reading of ordinance for a special use permit to allow a multi-family use to account for more than fifty percent (50%) of the gross floor area on a commercial site. BACKGROUND: · In August 2020, the Roanoke County Board of Supervisors approved a rezoning of 9.99 acres from AG-1, Agricultural/Rural Low Density District, to C-2, High Intensity Commercial District, for the construction of a hotel/motel/motor lodge for this property. · In the C-1 and C-2 zoning districts, a multi-family use may account for up to fifty (50) percent of the gross floor area on the site. A special use permit shall be required if the multi-family use accounts for more than fifty (50) percent of the gross floor area on the site. Page 2 of 3 DISCUSSION: The Planning Commission held a public hearing on this application on May 3, 2022. Seven (7) citizens spoke during the public hearing. Concerns raised included: increase in traffic; traffic safety; traffic back-ups due to Interstate 81; impact to environment; type of housing proposed; concerns over the height of the apartment bu ildings; visibility of the apartment buildings and loss of views; entrance location; lack of a second entrance onto Skyview Road; school capacity; and property values. The Planning Commission discussed: density; traffic; access; 2020 rezoning and the change in project scope; building renderings; topography; landscaped buffers and the large undisturbed area; parking; building height; stormwater management; surrounding zoning and the future land use designation. The Planning Commission recommends approval of the special use permit with three conditions: 1. The site shall be developed in substantial conformance with the concept plan titled “Exhibit A” prepared by Lumsden and Associates, dated March 1, 2022, subject to any changes required during the site plan review process. 2. The maximum number of apartments shall be limited to 128. 3. The apartment buildings shall be constructed in general conformance with the conceptual architectural plans titled “Conceptual Plans for Om Shree Hospitality, LLC” prepared by Alam Design Group, dated March 10, 2022, subject to any changes required during the building permit 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 for a special use permit to allow a multi-family use to account for more than fifty percent (50%) of the gross floor area on the site of approximately 9.99 acres zoned C-2, High Intensity Commercial District, with three (3) conditions: 1. The site shall be developed in substantial conformance with the concept plan titled “Exhibit A” prepared by Lumsden and Associates, dated March 1, 2022, subject to any changes required during the site plan review process. 2. The maximum number of apartments shall be limited to 128. 3. The apartment buildings shall be constructed in general conformance with the conceptual architectural plans titled “Conceptual Plans for Om Shree Hospitality, LLC” prepared by Alam Design Group, dated March 10, 2022, subject to any Page 3 of 3 changes required during the building permit review process. STAFF REPORT Petitioner: Om Shree Hospitality, LLC Request: Obtain a special use permit in a C-2, High Intensity Commercial, District to allow a multi-family use to account for more than 50 percent of the gross floor area on the site, on approximately 9.99 acres plan “Exhibit A” prepared by Lumsden and Associates dated March 1, 2022, subject to any changes required during the site plan review process. 2. The maximum number of apartments shall be limited to 128. Om Shree Hospitality, LLC is requesting to obtain a special use permit to allow a multi-family use to account for more than 50 percent of the gross floor area on the site of approximately 9.99 acres zoned C-2, High Intensity Commercial District, located just north of Interstate 81, Exit 137 and within the 2700 block of Wildwood Road and the 1700 block of Skyview Road. The project involves the construction of 128 apartments in two (2) 5-story buildings. The subject properties are located in the Glenvar Community Planning Area. Both subject parcels are designated Core on the future land use map of the Roanoke County Comprehensive Plan. Core is 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. The proposed special use permit is not consistent with the Core future land use designation. APPLICABLE REGULATIONS The Roanoke County Zoning Ordinance defines a multi-family dwelling as: “a building or portion thereof which contains three (3) of more dwelling units for permanent occupancy, regardless of the method of ownership. Included in this use type would be garden apartments, low and high rise apartments, apartments for elderly housing and condominiums.” A multi-family use type is a permitted use in the C-2, High Intensity Commercial District, subject to Use and Design Standards in Article IV of the Roanoke County Zoning Ordinance. The C-2 zoning district regulations are attached to this report, as well as the Use and Design standards. Development of the site would require comprehensive site plan review(s) and building permit review(s). ANALYSIS OF EXISTING CONDITIONS Background – In August 2020, the Roanoke County Board of Supervisors approved a rezoning of 9.99 acres from AG-1, Agricultural/Rural Low Density District, to C-2, High Intensity Commercial District, for the construction of a Topography/Vegetation – The site sits high above Wildwood Road on a hill/mountain and is currently heavily wooded. Several retaining walls are shown on the concept plan. The concept plan shows building coverage proposed to be 7.36% and lot coverage 23.72% of the property, or 2.37 acres. Approximately 4.1 acres is marked “undisturbed” on the concept plan. District to the north, AG-1 Agricultural/Rural Low Density to the east, south, and west, and R-1 Low Density Residential to the west. The subject parcels are located just north of Skyview Road and Interstate 81. The surrounding uses include an inactive quarry adjacent to the northern boundary of the property, single family homes adjacent to the western and southeastern boundary, and undeveloped, wooded agricultural land to the east. An existing hotel is located close by on Skyview Road in Roanoke County. An existing hotel and a new hotel under construction are both located on the opposite side of Wildwood Road in the City of Salem. ANALYSIS OF PROPOSED DEVELOPMENT include 64 units each. No elevations or building renderings have been provided by the applicant. The entrance/exit is shown on Wildwood Road. The locations of the Stormwater Management area, amenities area, and retaining walls are also shown on the concept plan. Required buffer yard is proposed along the property line parallel to Wildwood Road, as required adjacent to AG-1 zoned properties. The parking lot is proposed to provide a total of 224 spaces. This includes 94 spaces as the first floor within the two buildings. . Access/Traffic Circulation – One vehicular access point on Wildwood Road is shown on the concept plan. VDOT has reviewed the application; a land use permit is required, but will not be pursued until or unless Roanoke County approves the special use permit request. To obtain the land use permit from VDOT the applicant will need to meet access management design standards of the VDOT Road Design Manual. Agency Comments – Various agencies commented on the original concept plan. The following comments were provided by the various agencies on this request: Building Safety: The Office of Building Safety stated that all construction will need to meet the requirements of the applicable Virginia Construction Code and applicable codes. Transportation: Transportation staff offer two comments: 1. Wildwood Road between Main Street is Salem and the Havens Wildlife Management Area is included as a recommended connection in the 2018 Roanoke Valley Greenway Plan. 2. Wildwood Road is included in the 2012 Update to the RVAMPO Bikeway Plan as a Vision List Corridor. 3. Construction is underway to widen Interstate 81 to three lanes in each direction between Exit 137 and Exit 141. 4. Interstate 81 northbound will be widened between Exist 128 and Exit 137. This project is funded and construction is anticipated in 2028. Solid Waste: No comments. Fire & Rescue: The proposed project will not significantly increase services, but has the potential for a slight increase in fire, medical, and vehicle accident responses due to the number of proposed units. Fire flow and Economic Development: Economic Development supports the special use permit request to develop two multi-family dwellings at the Wildwood and Skyview Road properties due to strong market demand for new housing, and the excellent access provided to multiple regional employment centers. The proposed use is opportunities in support of existing employer needs and workplace development objectives. The addition of 128 new multi-family units also adds to the volume and diversity of County housing options, supports new population growth, enhances the tax base, and develops a topographically challenging site that had been underutilized to date. Stormwater Operations: No Floodplain concerns. VDOT: VDOT had four comments on the request: 1.) A Land Use Permit will be required if a new entrance is needed from the VDOT right-of-way or for the change in use of an existing entrance. 2.) The VDOT Road Design Manual, Appendix F: Access Management Design Standards for Entrances and Intersections must be adhered to where applicable for commercial entrances. This includes but is not limited to commercial entrance spacing and intersection sight distance. The intersection sight distance must be field verified and measures taken to ensure the minimum require distances can be met. 3.) VDOT concurs with the conclusion of the traffic analysis submitted. It appears that right or left turn lanes are not warranted along Wildwood Road for this project. 4.) The department will not issue an approval of the plans or any necessary land Use Permits until the locality approves this request. In addition, information regarding any changes to the existing drainage system should also be included for review. CONFORMANCE WITH ROANOKE COUNTY COMPREHENSIVE PLAN is 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. The proposed special use permit is not consistent with the Core future land use designation. . STAFF CONCLUSIONS Om Shree Hospitality, LLC is requesting to obtain a special use permit to allow a multi-family use to account for more than 50 percent of the gross floor area on the site of approximately 9.99 acres zoned C-2, High Intensity Commercial District, located just north of Interstate 81, Exit 137 and within the 2700 block of Wildwood Road and the 1700 block of Skyview Road. The project involves the construction of 128 apartments in two (2) 5-story buildings. The subject properties are located in the Glenvar Community Planning Area. When reviewing a special use permit adverse impacts shall be considered as well as the design, scale, use and operation of any proposed use and how well the proposed use conforms to the County’s Comprehensive Plan as well as the purposes of the Zoning Ordinance. If the Planning Commission recommends approval of the proposed project, staff has suggested two conditions for the special use permit dealing with concept plan conformance and limiting the number of dwelling units. CASE NUMBER: 5-5/2022 PREPARED BY: Rebecca James HEARING DATES: PC: May 3, 2022 BOS: May 24, 2022 ATTACHMENTS: Application Maps (Aerial, Zoning, Future Land Use) Photographs C-2 District Standards Multi-Family Dwelling Use and Design Standards Core Land Use Description Source: Esri, Maxar, GeoEye, Earthstar Geograp hics, CNES/Airb us DS, USDA, USGS, 0 145 Fee t 290 580 AeroGRID, IGN, an d the GIS UserCommun ity, Roan oke Coun ty, Va 2022, Roan oke Date: 3/23/2022 1:4,514 Coun ty Roan oke Cou nty, Virgin ia 2019 Aerial Map OM Shree Hospitality LLC 0 Wildwood Road and 0 Skyview Road Tax Map: 044.04-01-07.00-0000, 044.04-01-12.00-0000 Total Size: 6.04 Ac and 3.95 Ac Existing Zoning: C-2 Proposed Zoning: C-2S SUP for Multi-Family Dwelling Use Type Magisterial District: Catawba Roanoke Co. Planning (540)772-2068 5204 Bernard Drive Roanoke VA 24018 I1I1 AG1AG1 C2C2R1R1 Source: Esri, Maxar, GeoEye, Earthstar Geograp hics, CNES/Airb us DS, USDA, USGS,AeroGRID, IGN, an d the GIS User Commun ity, Roan oke Coun ty, Va 2022, Roan okeCoun ty Roan oke Coun ty, Virgin ia2019 0 Roanoke Co. Planning (540)772-2068 5204 Bernard Dr. Roanoke VA 24018 Zoning Map OM Shree Hospitality LLC 0 Wildwood Road and 0 Skyview Road Tax Map: 044.04-01-07.00-0000, 044.04-01-12.00-0000 Total Size: 6.04 Ac and 3.95 Ac Existing Zoning: C-2 Proposed Zoning: C-2S SUP for Multi-Family Dwelling Use Type Magisterial District: Catawba COCO RPRPTRTR NCNC Source: Esri, Maxar, GeoEye, Earthstar Geograp hics, CNES/Airb us DS, USDA, USGS,AeroGRID, IGN, an d the GIS User Commun ity, Roan oke Coun ty, Va 2022, Roan okeCoun ty Roan oke Coun ty, Virgin ia2019 0 Roanoke Co. Planning (540)772-2068 5204 Bernard Drive Roanoke VA 24018 Future Land Use Map OM Shree Hospitality LLC 0 Wildwood Road and 0 Skyview Road Tax Map: 044.04-01-07.00-0000, 044.04-01-12.00-0000 Total Size: 6.04 Ac and 3.95 Ac Existing Zoning: C-2 Proposed Zoning: C-2S SUP for Multi-Family Dwelling Use Type Magisterial District: Catawba Trans tioin Co re SEC. 30-54. C-2 GENERAL COMMERCIAL DISTRICT. 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. General 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) 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 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, New * 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 Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communications Services Construction Sales and Services * Consumer Repair Services Funeral Services Garden Center * Gasoline Station * Hospital Hotel/Motel/Motor Lodge Kennel, Commercial * Pawn Shop Personal Improvement Services Personal Services Restaurant, General Retail Sales 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 Dealership, Used * Automobile Repair Services, Major * Car Wash * Commercial Indoor Amusement Convenience Store * Dance Hall Equipment Sales and Rental * Manufactured Home Sales * Mini-warehouse * Outpatient Mental Health and Substance Abuse Center Recreational Vehicle Sales and Service * Restaurant, Drive-in and Fast Food * Surplus Sales Truck Stop * 3. Industrial Uses Custom Manufacturing * 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) 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. 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. 4/27/22, 12:19 PM Roanoke County, VA Code of Ordinances 1/2 (A) (B) 1. 2. 3. 4. 5. 6. 7. a. b. c. d. e. 8. (C) 1. 2. (D) 1. 2. Sec. 30-82-11. - Multi-family Dwelling. Intent. The following minimum standards are intended to accommodate multi-family dwellings, ensuring adequate separation and other design characteristics to create a safe and healthy residential environment while protecting adjoining uses which are less intensive. General standards: Minimum front yard setback: Thirty (30) feet from any street right-of-way for all structures. Minimum side yard setback: Twenty (20) feet for principal structures. Minimum rear yard setback: Twenty-five (25) feet for principal structures. Additional setbacks in the form of a buffer yard shall be required in accordance with Section 30-92 where the property adjoins a less intensive zoning district. The minimum separation between multi-family buildings shall be twenty (20) feet. Reserved. Standards for open space and recreational areas required below: Shall be in addition to any buffer yard required under Section 30-92 of this ordinance; Shall be in addition to and not be located in any required front, side or rear yard setback; Shall have a horizontal dimension of at least fifty (50) feet, except that areas with a horizontal distance of not less than twenty (20) feet shall be counted as open space provided such areas contain facilities such as, but not limited to, bikeways, exercise trails, tot lots, gazebos, picnic tables, etc.; Shall not include proposed street rights-of-way, open parking areas, driveways, or sites reserved for other specific uses; and, Shall be of an appropriate nature and location to serve the residents of the multi-family development. Provisions must be made for vehicular access and turn around for regularly scheduled public service vehicles such as trash collection. Additional standards in the AV district: Minimum lot size: Twenty thousand (20,000) square feet for the first dwelling unit, plus five thousand (5,000) square feet for each additional unit. When adjoining a lot containing a single family dwelling, a Type C buffer yard as described in Section 30-92 shall be provided. Additional standards in the R-3 district: Minimum lot size: Seven thousand two hundred (7,200) square feet for the first dwelling unit, plus two thousand four hundred twenty (2,420) square feet for each additional unit. Maximum density: Eighteen (18) dwelling units per acre. 4/27/22, 12:19 PM Roanoke County, VA Code of Ordinances 2/2 3. 4. (E) 1. 2. 3. 4. (F) 1. 2. 3. The property shall be served by public sewer and water. Common open space and recreational areas required: Five (5) percent of the total lot area for parcels of two (2) to five (5) acres, and ten (10) percent for parcels over five (5) acres. No open space is required for parcels under two (2) acres. Additional standards in the R-4 district: Minimum lot size: Seven thousand two hundred (7,200) square feet for the first dwelling unit, plus one thousand eight hundred fifteen (1,815) square feet for each additional unit. Maximum density: Twenty-four (24) dwelling units per acre. The property shall be served by public sewer and water. Common open space and recreational areas required: Five (5) percent of the total lot area for parcels of two (2) to five (5) acres, and ten (10) percent for parcels over five (5) acres. No open space is required for parcels under two (2) acres. General standards in the C-1 and C-2 districts, independent of the general standards above: The multi-family use shall be allowed in conjunction with a civic, office or commercial use type or as a stand-alone residential project. The multi-family use may account for up to fifty (50) percent of the gross floor area on the site. A special use permit shall be required if the multi-family use accounts for more than fifty (50) percent of the gross floor area on the site. In the study areas of the 419 Town Center Plan, the Hollins Center Plan, and the Oak Grove Center Plan, the multi-family use may account for up to seventy-five (75) percent of the gross floor area on the site. A special use permit shall be required if the multi-family use accounts for more than seventy-five (75) percent of the gross floor area on the site. (Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 111213-15 , § 1, 11-12-13; Ord. No. 092215-9 , § 1, 9-22-15; Ord. No. 020921-8 , § 1, 2-9-21; Ord. No. 072721-8 , § 1, 7-27-21) 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. Land Use Types: General Retail Shops and Personal Services - Planned shopping centers and clustered retail uses are encouraged. These centers should incorporate greenways, bike and pedestrian trails into their designs and link them to surrounding neighborhoods. Office and Institutional Uses - Planned developments are encouraged. Limited Industrial Uses - Planned uses in areas designated as economic opportunity areas. Land Use Determinants: EXISTING LAND USE PATTERN - Locations where commercial uses have been developed or will likely be developed. EXISTING ZONING - Locations where commercial zoning exists. ACCESS - Locations served by an arterial street system. POPULATION CENTER - Locations within close proximity to the projected population concentrations. URBAN SECTOR - Locations served by urban services. From :Sc ott Repsher <sarepsh er@yah oo.c om > To:"rjam es@roan okec oun ty v a.gov" <rjam es@roanokec ou ntyva.gov > D at e :4/13/2022 5:51 P M S ubje ct :[EXTERN A L ] - O m Shree H ospitality, LLC We are in receipt of your 08 April 2022 letter. Only concern is the Snake breeding habi tat ri ght there on that land. Are the endangered Timber Rattlesnakes to be moved? We see many of them during warm part of year. Crew up there working 100 yards north of Om Shree's proposed location has had many i nci dents of snake to human i ncursion and one gentleman said they had killed some. Since that spot has been abandoned, many varied repti les have moved on or expanded their territory up there south of the old quarry. Due to COVID could This email or a letter be read in during your upcoming meetings? And permi ssi on gi ven to the Reptile experts of the State/VT and county Game Or Wildlife preservation officer to do a study on how best to deal with these snakes? Debra & Scott A Repsher 540 339 2882 WARNING: This message was sent from outside the Roanoke County email system. DO NOT CLICK any links or downloaded attachments unless you know the content is from a trusted source. Om Shree Hospitality, LLC Special Use Permit to allow a multi-family use to account for more than 50 percent of the gross floor area on the site of approximately 9.99 acres zoned C-2 High Intensity Commercial Board of Supervisors Public Hearing May 24, 2022 Location Map2 Project Site •2700 Block of Wildwood Road & 1700 Block of Skyview Road •Property –9.99 acres •Proposed Apartments (128) •Vacant Property 3 Topography Map4 Photographs5 Photographs6 7 Wi l d w o o d R o a d Top: Wildwood Road facing north Brogan Lane on the left Approximate location of hotel entrance on the right Bottom: Wildwood Road facing south Brogan Lane on the right Approximate location of hotel entrance on the left Photographs 8 Zoning Background •In August 2020, the Roanoke County Board of Supervisors approved a rezoning of 9.99 acres from AG-1, Agricultural/Rural Low Density District, to C-2, High Intensity Commercial District, for the construction of a hotel/motel/motor lodge for this property. •In the C-1 and C-2 zoning districts, a multi-family use may account for up to fifty (50) percent of the gross floor area on the site. A special use permit shall be required if the multi-family use accounts for more than fifty (50) percent of the gross floor area on the site. 9 Previous Concept Plan Concept Plan10 2 Apartment Buildings •5-Stories in Height •64 Apartments in each building (128 total) •1-bedroom and 2- bedroom apartments New Access off Wildwood Road 224 Parking Spaces (94 on 1st floor of buildings) Retaining Walls & SWM Facility Undisturbed Area approx. 4.1 acres Zoning11 Existing Zoning •C-2 –High Intensity Commercial Surrounding Zoning •North –I-1 •East –AG-1, C-2 •West –R-1, AG-1 •South –AG-1, Interstate 81 Future Land Use Map Core 12 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. Planning Commission •Public Hearing –May 3, 2022 •Seven (7) citizens spoke during the public hearing •Concerns raised included: •Traffic Issues •Increased Traffic •Traffic Safety/Accidents •Routing of Traffic off Interstate/Traffic Back-ups •Impact of Environment •Type of Housing Proposed •Height of Apartment Buildings/Visibility/Loss of Views •Entrance Location/Lack of Entrance off of Skyview Road •School Capacity •Property Values 13 Planning Commission Planning Commission Discussion: •Density •Traffic Issues/Access •2020 rezoning/change in project scope •Building renderings/building height •Topography •Landscaped Buffers/Large Undisturbed Area •Parking •Stormwater Management •Surrounding Zoning •Future Land Use Designation (Core) 14 Planning Commission Planning Commission recommends approval of the special use permit with three conditions: 1.The site shall be developed in substantial conformance with the concept plan titled “Exhibit A” prepared by Lumsden and Associates, dated March 1, 2022, subject to any changes required during the site plan review process. 2.The maximum number of apartments shall be limited to 128. 3.The apartment buildings shall be constructed in general conformance with the conceptual architectural plans titled “Conceptual Plans for Om Shree Hospitality, LLC” prepared by Alam Design Group, dated March 10, 2022, subject to any changes required during the building permit review process. 15 Questions? 16 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 Om Shree Hospitality, LLC to obtain a special use permit to allow a multi- family use to account for more than 50 percent of the gross floor area on property containing approximately 9.99 acres, located within the 2700 block of Wildwood Road and the 1700 block of Skyview Road, in the Catawba 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. While not in conformance with the Roanoke County Comprehensive Plan’s future land use designation of “Core,” the proposed use will meet the need for available housing that currently exists in Roanoke County, and 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 substantial conformance with the concept plan titled “Exhibit A” prepared by Lumsden and Associates, dated March 1, 2022, subject to any changes required during the site plan review process; 2. The maximum number of apartments shall be limited to 128; and 3. The apartment buildings shall be constructed in general conformance with the conceptual architectural plans titled “Conceptual Plans for Om Shree Hospitality, LLC” prepared by Alam Design Group, dated March 10, 2022, subject to any changes required during the building permit 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 com prehensive 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 OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800  Roanoke, Virginia 24018-0798 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, MAY 24, 2022 ORDINANCE GRANTING A SPECIAL USE PERMIT TO OM SHREE HOSPITALITY, LLC TO ALLOW A MULTI-FAMILY USE TO ACCOUNT FOR MORE THAN 50 PERCENT OF THE GROSS FLOOR AREA ON THE SITE OF APPROXIMATELY 9.99 ACRES ZONED C-2 (HIGH INTENSITY COMMERCIAL) DISTRICT, LOCATED NEAR THE 2700 BLOCK OF WILDWOOD ROAD AND THE 1700 BLOCK OF SKYVIEW ROAD (TAX MAP NO: 044.04-01-07.00-0000 AND 044.04-01-12.00- 0000), IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, Om Shree Hospitality, LLC has filed a petition for a special use permit to allow a multi-family use to account for more than 50 percent of the gross floor area on the site located at 0 Wildwood Road (Tax Map No: 044.04-01-12.00-0000) and 0 Skyview Road (Tax Map No: 044.04 -01-07.00-0000), in a C-2 (High Intensity Commercial) District, in the Catawba Magisterial District; and WHEREAS, the first reading of this ordinance was held on April 26, 2022, and the second reading and public hearing were held on May 24, 2022; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 3, 2022; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition, with three conditions; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board finds that the proposed special use meets the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special use conforms with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance. Page 2 of 2 2. The Board further finds that while the proposed special use is not in conformance with the Roanoke County Comprehensive Plan’s future land use designation of “Core,” the proposed use will meet the need for available housing that currently exists in Roanoke County. 3. The Board further finds that the proposed special use will have a minimum adverse impact on the surrounding neighborhood and community. 4. The special use permit is hereby approved, with the following conditions: a. The site shall be developed in substantial conformance with the concept plan titled “Exhibit A” prepared by Lumsden and Associate s, dated March 1, 2022, subject to any changes required during the site plan review process; b. The maximum number of apartments shall be limited to 128; and c. The apartment buildings shall be constructed in general conformance with the conceptual architectural plans titled “Conceptual Plans for Om Shree Hospitality, LLC” prepared by Alam Design Group, dated March 10, 2022, subject to any changes required during the building permit review process. 5. This ordinance shall be in full force and effect thirty (30) d ays after its final passage. Page 1 of 3 ACTION NO. ITEM NO. K.3 AT A REGULAR MEETING OF THE BOARD OF SUPE RVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 24, 2022 AGENDA ITEM: The petition of Zye Reinhardt and Gaven Reinhardt t o obtain a special use permit in an AR, Agricultural/Residential, District for a special events facility on approximately 42.08 acres, located at 2875 Timberview Road and the 2400 block of Loch Haven Drive, Catawba Magisterial District SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Agenda item for public hearing and second reading of ordinance for a special use permit for a special events facility in an agricultural district. BACKGROUND: · The Roanoke County Zoning Ordinance defines special events facility as “a place, structure, or other facility used for the assembly of or intention of attracting people for cultural, ceremonial, celebratory purposes or civic clubs for whic h there is a leasing fee. Such assembly includes, but is not limited to, anniversary and birthday celebrations, reunions, weddings, and receptions. Music concerts or festivals as a primary use shall be considered an outdoor gathering.” · A special events facility is permitted by special use permit in the AR, Agricultural/Residential, District. · General use and design standards for a special events facility include fronting and having access to a publicly maintained street and regulating outdoor amplified music through the noise ordinance. Use and design standards for properties zoned AR require the property to be a minimum of 10 acres in size. Page 2 of 3 · The Board of Supervisors held a public hearing on a similar request by the applicants on February 23, 2021. The Board voted to postpone action to allow the applicant to explore alternative access to the site. On June 8, 2021, the Board of Supervisors discussed this application again and voted to postpone action on the application until the applicant could arrange access from Loch Haven Drive. DISCUSSION: The Planning Commission held a public hearing on this application on May 3, 2022. One (1) citizen spoke during the public hearing. The concern expressed was over the special use permit condition dealing with restricting access off of Timberview Road (condition #2). It should include all activities (servicing, maintenance, support services, and similar activities) both before and after events. The Planning Commission discussed: buffers; community meeting; lim its on attendees; building code/sprinkler system; easement across Western Virginia Regional Industrial Facilities Authority (WVRIFA) property; Special Use Permit conditions; parking area; and access off of Loch Haven Drive. The Planning Commission recommends approval of the special use permit with five (5) conditions: 1. The site shall be developed in general conformance with the concept plan titled "Conceptual Development Plan for Mark S. Reinhardt" prepared by Caldwell White Associates, dated March 8, 2022, subject to any changes required during the site plan review process. 2. Access during the operation of special events, including access for guests, venue staff, catering staff, entertainment staff, and other staff, shall only be from Loch Haven Drive. During special events, the access from Timberview Road shall be closed with gate(s). 3. A row of large evergreen trees shall be placed along the eastern property line from the existing vegetation by the existing tennis courts southward to the existi ng vegetation south of the proposed parking area. The large evergreen trees shall be a minimum of six (6) feet tall when planted and shall be spaced twenty (20) feet apart from center. 4. Any outdoor portable restrooms shall be screened from public view. 5. The number of people attending each event shall be limited to two hundred and fifty (250) guests, excluding staff. FISCAL IMPACT: There is no fiscal impact on this agenda item. Page 3 of 3 STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the second reading of an ordinance for a special use permit to allow a special events facility in an AR, Agricultural/Residential District, on approximately 42.08 acres with five (5) conditions: 1. The site shall be developed in general conformance with the concept plan titled "Conceptual Development Plan for Mark S. Reinhardt" prepared by Caldwell White Associates, dated March 8, 2022, subject to any changes required during the site plan review process. 2. Access during the operation of special events, including access for guests, venue staff, catering staff, entertainment staff, and other staff, shall only be from Loch Haven Drive. During special events, the access from Timberview Road shall be closed with gate(s). 3. A row of large evergreen trees shall be placed along the eastern property line from the existing vegetation by the existing tennis courts southward to the existing vegetation south of the proposed parking area. The large evergreen trees shall be a minimum of six (6) feet tall when planted and shall be spaced twenty (20) feet apart from center. 4. Any outdoor portable restrooms shall be screened from public view. 5. The number of people attending each event shall be limited to two hundred and fifty (250) guests, excluding staff. STAFF REPORT Petitioner: Zye Reinhardt and Gaven Reinhardt Request: Obtain a special use permit in an AR, Agricultural/Residential, District to operate a special events facility Location: 2875 Timberview Road (TM# 026.03-01-18.00-0000), 0 Loch Haven Drive (TM# 026.03-01- 17.01-0000), 0 Loch Haven Drive (026.17-01-03.01-0000) Suggested Conditions: 1. The site shall be developed in general conformance with the concept plan entitled “Conceptual Development Plan for Mark S. Reinhardt” prepared by Caldwell White Associates dated March 8, 2022, subject to any changes required during the site plan review process. 2. Access for the special events facility shall only be from Loch Haven Road. During events, the access from Timberview Road shall be closed with gate(s). 3. A row of large evergreen trees shall be planted along the eastern property line from the existing vegetation by the existing tennis courts southward to the existing vegetation south of the proposed parking area. The large evergreen trees shall be a minimum of six (6) feet tall when planted and shall be space twenty (20) feet on center. 4. Any outdoor portable restrooms shall be screened from public view. 5. The number of people attending each event shall be limited to 250 people. Zye Reinhardt and Gaven Reinhardt are requesting a special use permit in an AR, Agricultural/Residential, District to operate a special events facility. A wedding venue is proposed for 2875 Timberview Road, on which there is currently a single-family residence. The wedding venue would be served by an access road connecting 2875 Timberview Road to Loch Haven Drive across 0 Loch Haven Drive (TM# 026.03-01-17.01-0000) and 0 Loch Haven Drive (TM# 026.17-01-03.01-0000). The 2005 Roanoke County Comprehensive Plan indicates that the Future Land Use Designation of 2875 Timberview Road is almost entirely Rural Preserve. Rural Preserve is a future land use designation consisting of mostly undeveloped, outlying lands. These rural regions are generally seen as stable and require high degree of protection to preserve agricultural, forestal, recreational, and remote rural residential areas. The proposed project is consistent with the Rural Preserve future land use designation. Additionally, 0 Loch Haven Drive (TM# 026.03-01-17.01-0000) and 0 Loch Haven Drive (TM# 026.17-01-03.01- 0000), as well as approximately 1.1 acres in the southeastern corner of 2875 Timberview Road, fall under the Transition future land use designation. 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 project is also consistent with the Transition future land use designation. 1. APPLICABLE REGULATIONS Section 30-29-5 of the Roanoke County Zoning Ordinance defines special events facility as “a place, structure, or other facility used for the assembly of or intention of attracting people for cultural, ceremonial, celebratory purposes or civic clubs for which there is a leasing fee. Such assembly includes, but is not limited to, anniversary and birthday celebrations, reunions, weddings, and receptions. Music concerts or festivals as a primary use shall be considered an outdoor gathering.” A special events facility is permitted by special use permit in the AR, Agricultural/Residential, District, subject to Use and Design Standards in Article IV of the Roanoke County Zoning Ordinance. The standards for a special events facility are listed below: (A) General Standards: 1. The site shall front directly on and have direct access to a publicly owned and maintained street. 2. Outdoor amplified music shall be regulated by Section 13-21(6) of the County Code (Noise Ordinance). (B) Additional standards in the AR District: 1. The minimum acreage for a special events facility shall be 10 acres. Section 13-21 (6) of the County Code (Noise Ordinance) states: The following acts are declared to be noise disturbances in violation of this article unless specifically excepted in section 13-19. (6) Using or operating a loudspeaker or other sound amplification devices in a fixed or movable position exterior to any building, or mounted upon any motor vehicle or mounted in the interior of a building with the intent of providing service to an exterior area for the purpose of commercial advertising, giving instruction, information, directions, talks, addresses, lectures, or providing entertainment to any persons or assemblage of persons on any private or public property, between the hours of 10:00 p.m. and 7:00 a.m. the following day. 2. ANALYSIS OF EXISTING CONDITIONS Background – The property at 2875 Timberview Road is approximately 30.6 acres in size. There are two buildings on the property: an approximately 14,700 square foot single-family dwelling in the northeastern part of the property, and an approximately 1,600 square foot storage barn in the southeastern part of the property. The existing single-family dwelling would continue to serve as a single-family dwelling under this proposal, but the owners would vacate the premises for most weddings. The property at 0 Loch Haven Drive (TM# 026.03-01-17.01-0000) that abuts 2875 Timberview Road is approximately 1.68 acres in size and is vacant. This parcel is owned by the Western Virginia Regional Industrial Facilities Authority (WVRIFA), which has agreed to grant the applicants an easement for an access road if the special use permit is approved. The property at 0 Loch Haven Drive (TM# 026.17-01-03.01-0000) that abuts Loch Haven Drive is approximately 10.24 acres in size. This parcel is owned by WVRIFA, and contains a natural gas pumping station as well as an approximately 100-foot-long, 14-foot-wide gravel driveway and an approximately 1,250 square foot use permit is approved. Topography/Vegetation – The property at 2875 Timberview Road rises from the west and north toward the south and east. Elevations on the property range from 1,205 feet (southwest corner) to 1,346 ft (south- central part of property). The existing single-family dwelling sits at approximately 1,320 feet, while the elevation at the bottom of the driveway on Timberview Road is 1,273 feet. The existing storage barn sits at approximately 1,327 feet. The northern and western frontages of the property are wooded, as well as the northeastern and southeastern corners, while most of the southern portion of the property is open field. A small creek runs through the northwestern portion of the property, but no portion of the property is in the floodway or floodplain. Both WVRIFA-owned parcels (0 Loch Haven Drive, TM# 026.03-01-17.01-0000 and 0 Loch Haven Drive, TM# 026.17-01-03.01-0000) are entirely wooded. A small creek runs north-south through the middle of the parcel that abuts Loch Haven Drive (TM# 026.17-01-03.01-0000), and a small segment of this creek runs through the west-central portion of the parcel that abuts 2875 Timberview Road (TM# 026.03-01-17.01-0000). The land along the western bank of this creek is mostly flat, while the eastern bank rises steeply to the east. Elevations on the parcel that abuts 2875 Timberview Road (TM# 026.03-01-17.01-0000) range from 1,199 feet in the central part of the western boundary to 1,235 feet in the southeastern corner. Elevations on the parcel that abuts Loch Haven Drive (TM# 026.17-01-03.01-0000) range from 1,182 feet in the southwestern corner to 1,243 feet in the northeastern corner. Both WVRIFA-owned parcels are entirely wooded, save for the natural gas pumping station, gravel driveway, and gravel parking area adjacent to Loch Haven Drive. The existing natural gas pumping station sits at approximately 1,207 feet. 3, Agricultural/Rural Preserve District, to the north and west; and AR, Agricultural/Residential District to the east and south. All parcels immediately adjacent to the two WVRIFA-owned parcels are zoned AR, Agricultural/Residential District. The Timberview Road neighborhood is predominantly composed of single-family residences on large lots, while the Loch Haven Drive neighborhood is predominantly composed of single-family residences on small- to medium-sized lots. The closest dwelling unit to any of the proposed elements of the special events facility is the single-family dwelling at 2885 Timberview Road, which is located approximately 80 feet from the northeast corner of the proposed parking area. The closest dwelling unit to the proposed access road is the single-family dwelling at 2504 Loch Haven Drive, which is located approximately 250 feet south of where the access road is proposed to cut across the southern portion of 2875 Timberview Road. 3.ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture – The existing single-family dwelling at 2875 Timberview Road is approximately 14,700 square feet in size. Under this proposal, the existing basketball gymnasium (4,200 sq. ft.) in the single-family dwelling would be converted into a wedding chapel. The existing racquetball court (1,050 sq. ft.) immediately adjacent to the gymnasium would be converted into restrooms, catering prep, and storage. The provided concept plan, floor layout, and renderings show these proposed changes. Outdoor weddings would be an option under this proposal. These outdoor weddings could be held in tents immediately south of the proposed parking area (shown on concept plan), in the patio/pool area immediately south of the existing single-family dwelling, or on the front steps of the existing single-family dwelling (north side of dwelling). Outdoor weddings would be served by portable restroom trailers, as shown on the concept plan. Receptions would be held in the main living area until the renovation of the gymnasium is complete. From that point forward, receptions would be held in the chapel. Access/Traffic Circulation – The property at 2875 Timberview Road currently has one point of access, a paved driveway connecting to Timberview Road. This driveway has an existing gate at the point where it meets Timberview Road. A dirt road extends from the southern terminus of the paved driveway, behind the existing single-family dwelling, to the existing storage barn in the southeastern corner of the property. The property at 0 Loch Haven Drive (TM# 026.17-01-03.01-0000) that abuts Loch Haven Drive has one point of access, a short gravel driveway leading to a gravel parking area and natural gas pumping station. The property at 0 Loch Haven Drive (TM# 026.03-01-17.01-0000) that abuts 2875 Timberview Road currently has no points of access. Under this proposal, a new 16-foot-wide gravel access road would be constructed across the two WVRIFA- owned parcels and across the southern portion of 2875 Timberview Road, utilizing segments of the existing gravel driveway on 0 Loch Haven Drive (TM# 026.17-01-03.01-0000) and the existing dirt road on 2875 Timberview Road. The proposed access road would connect to proposed parking area, and would be the only point of access for those attending or working at events held at 2875 Timberview Road. The existing gate on the existing paved driveway at 2875 Timberview Road would remain closed during all events held at 2875 Timberview Road. This gate would not be locked, however, so that emergency vehicles can access the property quickly, if needed. 2022, to provide information about the application to property owners and residents of the surrounding neighborhood. Letters were sent out to everyone who resides on or owns property that fronts on Timberview Road, Loch Haven Drive, Dutch Oven Road, Virginia Deer Road, Louise Wells Drive, Gil Haven Drive, Loch Haven Lake Drive, Crotts Lane, and Soft Drive, as well as to all owners and residents of “landlocked” parcels between Timberview Road and Loch Haven Drive. All in all, 194 letters were sent out containing the application and hearing date information along with direct contact information for staff and instructions for how to submit comments. Sixteen people attended the community meeting held at Green Ridge Recreation Center on April 20, 2022. Agencies Comments Office of Building Safety – The structure will need to complete the Roanoke County Change of Use process. The structure will need to meet all of the requirements of the Uniform Statewide Building Code for the new use. CommIT - No objections to the zoning request as it relates to Communication in Roanoke County Economic Development – Economic Development supports the special use permit request by Mark Reinhardt at 2875 Timberview Road for the establishment of a special use facility/wedding venue at this location. The project supports the economic development goals of the County to increase the tax base and employment while providing high quality amenities to residents and visitors. The venue will also support the region's tourism industry and will bring new visitors and economic growth to the County. Fire and Rescue – This project with not adversely impact the services that Fire and Rescue provides. During the site plan review process, Fire and Rescue will address any applicable fire flow or access requirements. General Services – General Services does not see any issues with the application and does not have any comments. Parks and Recreation - There does not appear to be any anticipated impacts to Parks, Recreation, and Stormwater – There are no floodplain concerns. VDOT – We have reviewed the above mentioned special use request and have the following comments: 1. A Land Use Permit will be required if a new entrance is needed from the VDOT right-of-way or for the change in use of an existing entrance. 2. The VDOT Road Design Manual, Appendix F: Access Management Design Standards for Entrances and Intersections must be adhered to where applicable for commercial entrances. This includes but is not limited to commercial entrance spacing and intersection sight distance. The intersection sight distance must be field verified and measures taken to ensure the minimum required distances can be met. 3. Although traffic for this land use is event-based, a TIA may be required to show how traffic generated by this site will affect traffic flow on Loch Haven Drive. 4. The department will not issue an approval of the plans or any necessary Land Use Permits until the locality approves this request. In addition, information regarding any changes to the existing drainage system should also be included for review. Roanoke County Transportation – Loch Haven Road is listed as a priority corridor in the RVAMPO Bikeway Plan 2012 update (attached) and we do not foresee any issues with the proposed entrance off of Loch Haven Road. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The 2005 Roanoke County Comprehensive Plan indicates that the Future Land Use designation of 2875 Timberview Road is mostly Rural Preserve. Rural Preserve is a future land use area of mostly undeveloped, outlying lands. These rural regions are generally stable and require a high degree of protection to preserve agricultural, forestal, recreational, and remote rural residential areas. The proposed special events facility use is consistent with the Rural Preserve future land use designation, as outdoor recreation facilities are considered an appropriate land use type under the Rural Preserve future land use designation. The two WVRIFA-owned parcels, as well as approximately 1.1 acres in the southeastern corner of 2875 Timberview Road, are designated Transition on the Future Land Use map. 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 project is also consistent with the Transition future land use designation, as public and private recreational facilities are considered an appropriate land use type under the Transition future land use designation. 5. STAFF CONCLUSIONS Zye and Gaven Reinhardt are requesting a special use permit in an AR, Agricultural/Residential, District to operate a special events facility. A wedding venue is proposed for the site, on which there is currently a single-family residence. The proposed project is consistent with the Rural Preserve future land use designation, as well as the Transition future land use designation. When reviewing a special use permit adverse impacts shall be considered as well as the design, scale, use and operation of any proposed use and how well the proposed use conforms to the County’s Comprehensive Plan as well as the purposes of the Zoning Ordinance. Staff has suggested conditions dealing with concept plan conformance, access, screening and buffering, and size limits. The Planning hearing. CASE NUMBER: 3-2/2021 PREPARED BY: Isaac Henry HEARING DATES: PC: May 3, 2022 BOS: May 24, 2022 ATTACHMENTS: Application Materials Maps (Aerial, Zoning, Future Land Use) Photographs AR Zoning District Regulations Rural Preserve Future Land Use Design Transition Future Land Use Designation Excerpt from Bikeway Plan for the Roanoke Valley Area MPO Public Comments 1 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS 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. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The request is for a special use permit that will allow my colleagues and I to operate a special use facility. The special use facility that we are inquiring is a wedding venue. As well as a wedding venue we will also be hosting business parties and other small functions during our colder months. This request will help maintain the natural forests located on the property of the venue due to the fact that we will not be destroying or changing the scenic beauty located in this region. Our main goal is to highlight/elevate the natural beauty around our venue to help our guests appreciate all that Roanoke has to offer. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. No longer will this residence be a home to few but a beautiful wedding destination to many, providing memories that will last a lifetime. The wedding venue conforms to the Roanoke community plan by ensuring scenic beauty within our blue ridge mountains. The wedding parties traveling from far and wide will come into contact with our gorgeous scenery and may possibly fall in love with this area, ensuring future tourists. These weddings will help promote many different religions from far and wide, showing that Roanoke is an inviting area to all types of people. 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. The property will experience a high volume of citizens on many given weekends. As neighbors we have reached out to the adjoining properties ensuring music will be discontinued after 10pm when the weddings will end (our lovely neighbors on adjoining properties have given us support in this endeavor). The venue is sitting on a private well and sewage system. Near the venue resides 3 hotels which will allow out of town guests to stay within close proximity to the venue and help Roanoke county economic growth. 2 The Reinhardt Chateau Refer to the engineer drawn concept plan page 3 The narrative At the Reinhardt Chateau we plan on hosting weddings and business parties. The parties that attend at the Chateau will enter and leave from our loch haven easement only. A gate that is located on Timberview road will be shut and all guests will be notified before hand by not only the chateau but the bride and groom to travel down loch haven. The gate on Timberview will only be accessed by emergency personnel if needed. I want to reiterate that all guests will be notified on our future website and by the wedding party that they must enter solely from the loch haven side as to not cause traffic on Timberview road. Guests upon arrival will be shown where to park by a parking sign pointing towards the field, other guests who have special needs will be allowed to park closer to the venue near the pool. Guests will be monitored upon arrival so as to make sure they park in the appropriate areas. The parking lot currently consist of grass and may be changed in the future to a material that would support the needs of vehicles parking. Event staff will be parking behind the gymnasium (chapel) so as to have easy access to set up future events held there. Restrooms provided by the venue will include luxury trailers outside for weddings that take place there, weddings within the home and or the chapel have bathrooms to accommodate the guests. Weddings at the venue may take place in the open field near the parking lot in tents, the front of the house and back of the house near the pool and finally in the wedding chapel (when constructed). All weddings will be help to the rules and regulations of the county and will not infringe on the neighbors in any capacity. Weddings outside will be monitored with decibel readers that fall in line with the counties regulations and music will be shut off by 10pm. Our facility will meet the requirements of Roanoke County so that each event held at the venue will be safe and go smoothly. 4 5 6 The first three pictures listed are concept plans for the ceremony facility that is located next to the chateau. We will have two bathrooms as well as a catering room and storage on a small part of the ceremony facility. 7 8 Next attached to this form is the concept floor plan for the ceremony room located next to the pictures above. 9 This picture is showing the future parking lot for the wedding guests coming from lock haven road. The following pictures is the outside of the chapel showing parking for vendors 10 (Parking for the vendors) Lastly We would like to show a few pictures of the inside of the house 11 12 Administered by: Roanoke Valley-Alleghany Regional Commission P.O. Box 2569, Roanoke, VA 24010 540.343.4417 / info@wvrifa.org / www.wvrifa.org January 24, 2022 Zye and Gaven Reinhardt 2875 Timberview Road Roanoke, VA 24019 Dear Messrs. Reinhardt: I am writing this letter regarding your special use permit that is anticipated to go before the Roanoke County Planning Commission and Board of Supervisors and regarding your proposed easement located on property owned by the Western Virginia Regional Industrial Facility Authority. The Western Virginia Regional Industrial Facility Authority is agreeable in principle to selling the applicant a nonexclusive easement providing access across tax parcel numbers - 026.03-01-17.01- 0000 and 026.17-01-03.01-0000 more or less described by the conceptual drawing included in the applicant’s filing and attached here. It is the understanding of the Authority that applicant is seeking the easement to provide vehicular access off Loch Haven Drive in support of a proposed special event venue at 2875 Timberview Road. Authority staff and applicant have discussed a price range and will settle upon a final purchase amount depending upon a final survey, legal expenses incurred by the Authority, final terms of a deed of easement and precise location of the proposed easement. The Authority’s involvement is limited to selling the purchaser an easement. The purchaser will be responsible for all permits and compliance with any regulations or requirements related to development, land use, and utility coordination. Sincerely, John M. Hull Executive Director LochHavenRoad WV RIFA P arcels Re inha rd t Parc el §¨¦81 Proposed Driveway 50 ft ROW WV RIFAWood Haven Property 026.17-01-03.01 026.03-01-18.00 026.17-01-03.00 026.03-01-12.00 026.03-01-17.00 026.03-01-16.00 025.00-01-03.00 026.17-01-08.00 026.03-01-12.01026.03-01-17.01 026.03-01-15.00 026.03-01-14.00 026.17-01-01.00 026.03-01-11.00 026.03-01-13.00 026.03-01-10.00 025.00-01-01.00 025.00-01-02.00 026.03-01-09.00 Propo se d Drivew ay and Right-Of-Way Estimate d Driveway Length: 1,146 feetROW Width 50 feetSquare Feet ROW 57,300 sq. ft.Acre s 1.315 acres 0 250 500 750125Feet ´ Source : Es ri, Maxar, Ge oEye , Earths tar Ge ographics , CNES/Airbus DS, USDA, USGS,Ae roGRID, IGN, and the GIS Us e r Community, Roanoke County, Va 2022, RoanokeCounty Roanoke County, Virginia2019 0 Aerial Map Zye Reinhardt and Gaven Reinhardt 2875 Timberview Rd, 0 Loch Haven Dr, 0 Loch Haven Dr, Roanoke, VA 24019 Tax Map:026.03-01-18.00-0000, 026.03-01-17.01-0000, 026.17-01-03.01-0000 Total size of three parcels:42.51 acres Existing Zoning: AR Proposed Zoning: ARS SUP for Special Events Facility Magisterial District: Catawba Subject Site Roanoke Co. Planning (540)772-2068 5204 Bernard Dr. Roanoke VA 24018 TRTR RPRP PIPI NCNC CNCN So urc e: Esri, Maxar, Geo Eye, Earthstar Geo graphic s, CNES/Airbus DS, USDA, USGS,Aero GRID, IGN, and the GIS User Co mmunity, Ro ano ke Co unty, Va 2022, Ro ano keCo unty Ro ano ke Co unty, Virginia2019 0 Future Land Use Co nservatio n Rural Preserve Neighbo rho o d Co nservatio n Transitio n Princ ipal Industrial Future Land Use Map Zye Reinhardt and Gaven Reinhardt 2875 Timberview Rd, 0 Loch Haven Dr, 0 Loch Haven Dr, Roanoke, VA 24019 Tax Map: 026.03-01-18.00-0000, 026.03-01-17.01-0000, 026.17-01-03.01-0000 Total size of three parcels:42.51 acres Existing Zoning: AR Proposed Zoning: ARS SUP for Special Events Facility Magisterial District: Catawba Subject Site Roanoke Co. Planning (540)772-2068 5204 Bernard Dr. Roanoke VA 24018 PTDPTD ARAR AG3AG3 AG3SAG3S I1I1R1R1So urc e: Esri, Maxar, Geo Eye, Earthstar Geo graphic s, CNES/Airbus DS, USDA, USGS,Aero GRID, IGN, and the GIS User Co mmunity, Ro ano ke Co unty, Va 2022, Ro ano keCo unty Ro ano ke Co unty, Virginia2019 0 Zoning AG3 AR I1 PTD R1 Zoning Map Zye Reinhardt and Gaven Reinhardt 2875 Timberview Rd, 0 Loch Haven Dr, 0 Loch Haven Dr, Roanoke, VA 24019 Tax Map: 026.03-01-18.00-0000, 026.03-01-17.01-0000, 026.17-01-03.01-0000 Total size of three parcels:42.51 acres Existing Zoning: AR Proposed Zoning: ARS SUP for Special Events Facility Magisterial District: Catawba Subject Site Roanoke Co. Planning (540)772-2068 5204 Bernard Dr. Roanoke VA 24018 Site Photos: 2875 Timberview Road Site Photos: 0 Loch Haven Drive (TM# 026.17-01-03.01-0000) 4/25/22, 5:25 PM Roanoke County, VA Code of Ordinances 1/5 (A) (A) 1. 2. SEC. 30-34. - AR AGRICULTURAL/RESIDENTIAL DISTRICT. Sec. 30-34-1. - Purpose. These areas are generally characterized by very low density residential and institutional uses mixed with smaller parcels that have historically contained agricultural uses, forest land and open space outside the urban service area. These areas provide an opportunity for rural living in convenient proximity to urban services and employment. Agricultural uses should be encouraged to be maintained. Over time, however, these areas are expected to become increasingly residential in character, with residential development becoming the dominant use over agricultural and more rural type uses. The purpose of this district, consistent with the Rural Village land use category in the comprehensive plan, is to maintain these areas essentially in their rural state, consistent with the level of services anticipated by the county. These areas are generally suitable for low density residential development and other compatible land uses. (Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-34-2. - Permitted Uses. 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. Agricultural and Forestry Uses Agriculture * Agritourism * Farm Brewery * Farm Distillery * Farm Winery * Forestry Operations * Stable, Commercial * Stable, Private * Wayside Stand * Residential Uses Accessory Apartment * 4/25/22, 5:25 PM Roanoke County, VA Code of Ordinances 2/5 3. 4. 5. (B) 1. Home Beauty/Barber Salon * Home Occupation, Type II * Manufactured Home * Manufactured Home, Emergency * Multiple Dog Permit * Residential Human Care Facility Single Family Dwelling, Detached Single Family Dwelling, Detached (Zero Lot Line Option) * Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Religious Assembly * Utility Services, Minor Commercial Uses Bed and Breakfast * Short-Term Rental * Veterinary Hospital/Clinic Miscellaneous Uses Amateur Radio Tower * Wind Energy System, Small* 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. Residential Uses Alternative Discharging Sewage Systems * 4/25/22, 5:25 PM Roanoke County, VA Code of Ordinances 3/5 2. 3. 4. 5. Civic Uses Camps * Cemetery * Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Safety Services * Utility Services, Major * Commercial Uses Antique Shops * Golf Course Kennel, Commercial * Special Events Facility * Studio, Fine Arts Industrial Uses Custom Manufacturing * Resource Extraction * Miscellaneous Uses Broadcasting Tower * Outdoor Gatherings * (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 42694-12, § 7, 4-26-94; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22 , § 1, 5-26-09; Ord. No. 030811-1 , § 1, 3-8-11; Ord. No. 111213-15 , § 1, 11-12- 13; Ord. No. 062816-4 , § 1, 6-28-16; Ord. No. 082818-8 , § 1, 8-28-18; Ord. No. 091019-4 , § 1, 9-24-20; Ord. No. 020921-8 , § 1, 2-9-21) Sec. 30-34-3. - Site Development Regulations. 4/25/22, 5:25 PM Roanoke County, VA Code of Ordinances 4/5 (A) 1. a. b. 2. a. b. 3. a. b. (B) 1. a. b. 2. a. b. 3. a. b. 4. 5. (C) 1. (D) 1. 2. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. Minimum lot requirements Lots served by private well and sewage disposal system: Area: 1 acre (43,560 square feet) Frontage: 110 feet on a publicly owned and maintained street. Lots served by either public sewer or water: Area: 30,000 square feet Frontage: 100 feet on a publicly owned and maintained street. Lots served by both public sewer and water: Area: 25,000 square feet Frontage: 90 feet on a publicly owned and maintained street. Minimum setback requirements. Front yard: Principal structures: 30 feet. Accessory structures: Behind the front building line. Side yard: Principal structures: 15 feet Accessory structures: 15 feet behind front building line or 10 feet behind rear building line. Rear yard: Principal structures: 25 feet Accessory structures: 10 feet Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 20 feet from any side property line. Maximum height of structures. All structures: 45 feet Maximum coverage. Building coverage: 25 percent of the total lot area. Lot coverage: 50 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 111213-15 , § 1, 11-12-13) 4/25/22, 5:25 PM Roanoke County, VA Code of Ordinances 5/5 Rural Preserve: A future land use area of mostly undeveloped, outlying lands. These rural regions are generally stable and require a high degree of protection to preserve agricultural, forestal, recreational, and remote rural residential areas. Land Use Types: Agricultural Production - The production of crops, plants, vines, trees, livestock, poultry and eggs. Agricultural Services - Services that support agricultural production such as soil and crop preparation, veterinary services and landscape and horticultural care. Forest and Wood Products - Tree farms, forest nurseries and reforestation services. Parks and Outdoor Recreation Facilities - Large regional parks and other recreation facilities that are designed to preserve environmentally sensitive lands and protect them from more intense land uses. Rural Residential - Single-family residential generally averaging a gross density of one unit per three acres. Cluster developments are encouraged. Rural Institutional - Limited intensity uses such as religious assembly facilities and clubs serving the local rural population base. Mining and Extraction Operations - Those uses that locate according to the availability of natural resources. There are strict limitations on these industries in the Rural Preserve designation due to potentially harmful effects on housing, farming and resource protection and conservation areas. Land Use Determinants: EXISTING LAND USE PATTERN - Locations where agricultural, recreational, and forestal uses are predominant and are encouraged to expand. EXISTING ZONING - Locations where agricultural zoning is in effect. RURAL RESIDENTIAL AND INSTITUTIONAL AREAS - Locations where limited, very low density residential and institutional uses are allowed. RESOURCE PROTECTION - Locations where valuable and irreplaceable resources such as open space, public water supply impoundments, rivers, streams, lakes, productive agricultural land, woodlands, critical slopes, ridgelines, historical and archeological sites and unique natural areas exist. ACCESS - Locations that are accessible by existing improved or unimproved rural roads and, to a lesser extent, rural arterial highways. RURAL SECTOR - Locations outside the urban service area. 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. Bikeway Plan for the Roanoke Valley Area Metropolitan Planning Organization 2012 Update Approved March 22, 2012 Bikeway Plan for the Roanoke Valley Area MPO - 2012 Update Table 4.5 (continued) Bikeway Plan Priority List and Vision List Corridors Roanoke County STREET FROM TO BIKEWAY PLAN LOCALITY INTERJURISDICTIONAL CONNECTION GREENWAY CONNECTION FRANKLIN/US 220 CITY OF ROANOKE CORPORATE LIMIT BUCK MOUNTAIN (679) PRIORITY Roanoke County City of Roanoke Blue Ridge Parkway GARST MILL (682) BRAMBLETON (US 221) CITY OF ROANOKE CORPORATE LIMIT VISION Roanoke County City of Roanoke No HARBORWOOD (639) RIVERSIDE POOR MOUNTAIN VISION Roanoke County City of Salem Roanoke River HARDY (634) TOWN OF VINTON CORPORATE LIMIT BLUE RIDGE PARKWAY PRIORITY Roanoke County Town of Vinton Wolf Creek HOLLINS (601) SHADWELL (627) PLANTATION (SR 115) PRIORITY Roanoke County No No JAE VALLEY (SR 116) CITY OF ROANOKE CORPORATE LIMIT BLUE RIDGE PARKWAY VISION Roanoke County City of Roanoke No JOHN RICHARDSON (743) PLANTATION (SR115) OAKLAND (1855) PRIORITY Roanoke County Yes No LABAN (1849) NORTH BARRENS (1832) WEBSTER (1808) VISION Roanoke County No Yes LOCH HAVEN (F- 071/1894) ELECTRIC/419 BELLE HAVEN (1836) PRIORITY Roanoke County No Yes MERRIMAN (613) RANCHCREST (907) STARKEY (904) PRIORITY Roanoke County No No MOUNTAIN VIEW (651) TOWN OF VINTON CORPORATE LIMIT BLUE RIDGE PARKWAY PRIORITY Roanoke County Town of Vinton No NORTH BARRENS (1832) BELLE HAVEN (1836) LABAN (849) VISION Roanoke County No No OGDEN (687) COLONIAL (720) ELECTRIC/419 VISION Roanoke County City of Roanoke No PETERS CREEK (SR 117) CITY OF ROANOKE CORPORATE LIMIT WILLIAMSON VISION Roanoke County City of Roanoke No PLANTATION 1-81 CROWE HOLLOW PRIORITY Roanoke County Botetourt County Tinker Creek (Hollins) PLANTATION (SR 115) I-81 WILLIAMSON/US11 PRIORITY Roanoke County No No 125 of 320 From :Isaac H en ry To:plan ning@roanokec ou ntyva.gov D at e :4/25/2022 8:39 A M S ubje ct :Fw d: [EXTERN A L ] - Rein hardt Lan d Use A pplic ation Hi Cecelia , And rew Ashb y, who lives at 2868 Timb er view, s ubmitted this co mment about the Reinhar dt applicatio n. Tha nks, Is aa c >>> Andr ew As hby <and rewa s hby1@gmail.com> 4/23/2022 8:49 AM >>> My name is Andr ew As hby a nd I live a t 2868 Timberview Ro ad. This email is to expres s my suppor t fo r the land us e applica tion at 2875 Timb er view Roa d . I live in clo s e pr o ximity to the lo catio n and do no t o ppo s e the wedding venue. Tr affic on Timberview R o ad has been a main concer n for all of the neig hbor s . If acces s is gr anted fr o m Loch Haven Dr ive, ther e sho uld be no issues that would a d ver s ely affect the res idents of Timb er view Roa d . Tha nk you. WARNING: This mes s age was s ent from outside the Roanoke County ema il s ys tem. D O NOT CLICK a ny links o r downlo aded atta chments unles s yo u kno w the content is fr o m a trus ted source. Zye and Gaven Reinhardt Special Use Permit for a Special Events Facility in an AR Agricultural/Residential District Board of Supervisors Public Hearing May 24, 2022 2 Special Events Facility •Defined by Roanoke County Zoning Ordinance as: “A place, structure, or other facility used for the assembly of or intention of attracting people for cultural, ceremonial, celebratory purposes or civic clubs for which there is a leasing fee. Such assembly includes, but is not limited to, anniversary and birthday celebrations, reunions, weddings, and receptions. Music concerts or festivals as a primary use shall be considered an outdoor gathering.” •Allowed by Special Use Permit in AG-3, AG-1, AR, and AV districts 3 Special Events Facility Sec. 30-85-24.6. Special Events Facility. (A) General Standards: 1.The site shall front directly on and have direct access to a publicly owned and maintained street. 2.Outdoor amplified music shall be regulated by Section 13-21(6) of the County Code (Noise Ordinance). (B)Additional standards in the AR District: 1.The minimum acreage for a special events facility shall be 10 acres. 4 Zoning Background February 2, 2021 –Planning Commission held a public hearing on original request and voted to recommend approval. February 23, 2021 –Board of Supervisors held a public hearing on original request and voted to postpone action to allow applicant to explore alternative access. June 8, 2021 –Board of Supervisors considers original application and postpones action until access can be achieved from Loch Haven Drive. Applicant requests 6-month extension. April 20, 2022 –Community meeting held at Green Ridge Recreation Center on revised application. Sixteen citizens attended. Location Map5 Site Project Site •2875 Timberview Road; 2400 block of Loch Haven Drive •Properties –42.08 acres •Proposed Special Events Facility •Existing Home on the property 6 7 Photographs Existing Driveway and Gates off Timberview Road Photographs8 Existing House 9 Photographs Existing Parking Area 10 Photographs Proposed Grass Parking Area 11 Photographs 12 Photographs Photographs13 14 Photographs 15 Photographs 16 Photographs Interior of Existing Home 17 Photographs Existing Gymnasium (proposed Chapel) 18 Photographs Existing Racquetball Court (proposed restrooms, catering prep, and storage) 19 Concept Plan Existing Driveway with Gates Access off of Loch Haven Drive New Access Road 20 Concept Plan •Existing Home -14,700 sf •Existing Gymnasium (4,200 sf) –Proposed Chapel •Existing Racquetball Court (1,500 sf) – Proposed restrooms, catering prep, and storage •Access –New Access Road from Loch Haven Drive •Proposed Grass Parking Area (145 spaces) 21 Floor Plan 22 Rendering 23 Floor Plan 24 Rendering Zoning25 Existing Zoning •AR –Agricultural / Residential Surrounding Zoning •North –AG-3 •East –AR, AG-3 •West –AR, AG-3 •South –AR, PTD (across I-81) Future Land Use Map •Rural Preserve •Transition 26 Future Land Use 27 A future land use area of mostly undeveloped, outlying lands. These rural regions are generally stable and require a high degree of protection to preserve agricultural, forestal, recreational, and remote rural residential areas. The request for a special use permit to operate a special events facility on this property is consistent with the Rural Preserve future land use designation. 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 request for a special use permit to operate a special events facility on this property is consistent with the Transition future land use designation. Rural Preserve Transition Planning Commission Public Hearing –May 3, 2022 •One (1) citizen spoke during the public hearing •Raised concern over the special use permit condition dealing with restricting access off of Timberview Road (condition #2). It should include all activities (servicing, maintenance, support services, and similar activities) both before and after events. 28 Planning Commission Planning Commission Discussion •Buffers •Community Meeting •Limit on Attendees •Building Code/Sprinkler System •Easement across WVRIFA property •Special Use Permit Conditions •Parking Area •Access off of Loch Haven Drive 29 Planning Commission Planning Commission recommends approval of the special use permit for a special events facility with five conditions: 1. The site shall be developed in general conformance with the concept plan titled "Conceptual Development Plan for Mark S. Reinhardt" prepared by Caldwell White Associates, dated March 8, 2022, subject to any changes required during the site plan review process. 2. Access during the operation of special events, including access for guests, venue staff, catering staff, entertainment staff, and other staff, shall only be from Loch Haven Drive. During special events, the access from Timberview Road shall be closed with gate(s). 3. A row of large evergreen trees shall be placed along the eastern property line from the existing vegetation by the existing tennis courts southward to the existing vegetation south of the proposed parking area. The large evergreen trees shall be a minimum of six (6) feet tall when planted and shall be spaced twenty (20) feet apart from center. 4. Any outdoor portable restrooms shall be screened from public view. 5. The number of people attending each event shall be limited to two hundred and fifty (250) guests, excluding staff. 30 Questions? 31 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 Zye Reinhardt and Gaven Reinhardt to obtain a special use permit to operate a special events facility in an AR (Agricultural/Residential) District located at 2875 Timberview Road (Tax Map No: 026.03-01-18.00-0000), 0 Loch Haven Drive (Tax Map No: 026.03-01-17.01-0000), and 0 Loch Haven Drive (Tax Map No: 026.17 -01-03.01- 0000), in the Catawba 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 plan titled “Conceptual Development Plan for Mark S. Reinhardt” prepared by Caldwell White Associates, dated March 8, 2022, subject to any changes required during the site plan review process. 2. Access during the operation of special events, including access for guests, venue staff, catering staff, entertainment staff, and other staff, shall only be from Loch Haven Drive. During special events, the access from Timberview Road shall be closed with gate(s). 3. A row of large evergreen trees shall be placed along the eastern property line from the existing vegetation by the existing tennis courts southward to the existing vegetation south of the proposed parking area. The large evergreen trees sha ll be a minimum of six (6) feet tall when planted and shall be space d twenty (20) feet apart from center. 4. Any outdoor portable restrooms shall be screened from public view. 5. The number of people attending each event shall be limited to two hundred and fifty (250) guests, excluding staff. MOTION TO DENY OFFICE OF THE COUNTY ATTORNEY 5204 Bernard Drive, P.O. Box 29800  Roanoke, Virginia 24018-0798 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 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24, 2022 ORDINANCE GRANTING A SPECIAL USE PERMIT IN AN AR (AGRICULTURAL/RESIDENTIAL) DISTRICT FOR A SPECIAL EVENTS FACILITY ON APROXIMATELY 42.08 ACRES, LOCATED AT 2875 TIMBERVIEW ROAD (TAX MAP NO. 026.03-01-18.00-0000) AND THE 2400 BLOCK OF LOCH HAVEN DRIVE (TAX MAP NOS: 026.03-01- 17.01-0000 AND 026.17-01-03.01-0000), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Zye Reinhardt and Gaven Reinhardt have filed a petition for a special use permit in an AR (Agricultural/Residential) District for a special events facility on approximately 42.08 acres, located at 2875 Timberview Road (Tax Map No. 026.03- 01-18.00-0000), and also located at the 2400 block of Loch Haven Drive (Tax Map Nos: 026.03-01-17.01-0000 and 026.17-01-03.01-0000), all of which is located in the Catawba Magisterial District; and WHEREAS, Section 30-29-5 of the Roanoke County Code defines a special events facility as “a place, structure, or other facility used for the assembly of or intention of attracting people for cultural, ceremonial, celebratory purposes or civic clubs for which there is a leasing fee. Such assembly includes, but is not limited to, anniversary and birthday celebrations, reunions, weddings, and receptions. Music concerts or festivals as primary use shall be considered an outdoor gathering”; and WHEREAS, it is acknowledged and understood that in order for the building located at 2875 Timberview Road to be used as the proposed special events facility, an automatic sprinkler system must be installed, pursuant to Section 903.2.1.2 of the Virginia Construction Code; and Page 2 of 4 WHEREAS, the Board held a public hearing on a similar request by the applicants on February 23, 2021, and at the conclusion of the public hearing the matter was indefinitely postponed to allow the applicant additional time to explore alternative methods of ingress and egress to the proposed special events facility; and WHEREAS, on June 8, 2021, the matter was again brought before the Board for resumption of the second reading on the similar request by the applicants, and at the conclusion of the public hearing the matter was again indefinitely postponed to allow the applicant additional time to explore alternative methods of ingress and egress to the proposed special events facility from Loch Haven Drive; and WHEREAS, the applicants have now submitted a new application to include two additional parcels located off of Loch Haven Drive, owned by the Western Virginia Regional Industrial Facilities Authority, which has granted the applicants access to use of their property as an alternative method of ingress and egress to the proposed special events facility from Loch Haven Drive; and WHEREAS, the first reading of this ordinance was held on April 26, 2022, and the second reading and public hearing were held on May 24, 2022; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 3, 2022; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition, with five conditions; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 3 of 4 1. The Board finds that the proposed special use meets the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special use conforms with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance. 2. The Board further finds that the proposed special use 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 for a special events facility located at 2875 Timberview Road (Tax Map No. 026.03-01-18.00-0000) and at the 2400 block of Loch Haven Drive (Tax Map Nos: 026.03 -01-17.01-0000 and 026.17-01-03.01-0000), in the Catawba Magisterial District, is hereby APPROVED with the following conditions: a. The site shall be developed in general conformance with the concept plan titled “Conceptual Development Plan for Mark S. Reinhardt” prepared by Caldwell White Associates, dated March 8, 2022, subject to any changes required during the site plan review process; b. Access during the operation of special events, including access for guests, venue staff, catering staff, entertainment staff, and other staff, shall only be from Loch Haven Drive. During special events, the access from Timberview Road shall be closed with gate(s); c. A row of large evergreen trees shall be placed along the eastern property line from the existing vegetation by the existing tennis courts southward to the existing vegetation south of the proposed parking area. The large Page 4 of 4 evergreen trees shall be a minimum of six (6) feet tall when planted and shall be spaced twenty (20) feet apart from center; d. Any outdoor portable restrooms shall be screened from public view; and e. The number of people attending each event shall be limited to two hundred and fifty (250) guests, excluding staff. 4. This ordinance shall be in full force and effect thirty (30) days after its final passage.